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RESOLUTION• 2010- 037 <br />A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN, RIVER <br />COUNTY, FLORIDA, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW <br />PERTAINING TO WATERWAY VILLAGE, A DEVELOPMENT OF REGIONAL IMPACT, <br />AND CONSTITUTING THIS RESOLUTION AS AN AMENDED AND RESTATED <br />DEVELOPMENT ORDER BY INDIAN RIVER COUNTY IN COMPLIANCE WITH LAW; <br />PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING A TERMINATION DATE. <br />FINDINGS OF FACT <br />WHEREAS, DiVosta and Company ("DiVosta") filed a Development of Regional Impact <br />Application for Development Approval ("ADA") in accordance with Section 380.06 <br />Florida Statutes; and <br />WHEREAS, the applicant proposes to construct 1,596 residential dwelling units, community <br />recreation improvements, and up to 20,000 square feet of neighborhood commercial <br />uses together constituting a Development of Regional Impact on real property legally <br />described in Exhibit "A" attached hereto and located in Indian River County, <br />Florida; and <br />WHEREAS, on February 15, 2010 DiVosta filed a Notification of Proposed Change to an <br />Approved Development of Regional Impact ("NOPC") requesting amendments to <br />the Development Order for Waterway Village; and <br />WHEREAS, the Board of County Commissioners as the governing body of Indian River County <br />having jurisdiction, pursuant to Chapter 380, Florida Statutes, is authorized and <br />empowered to consider Applications for Development Approval for Developments <br />of Regional Impact and Notifications of Proposed Change to an Approved <br />Development of Regional Impact; and <br />WHEREAS, the Board of County Commissioners on the 9th day of November, 2004 held a duly <br />noticed public hearing on the Development of Regional Impact Application for <br />Development Approval and on the 11th day of May, 2010 held a duly noticed public <br />hearing on the NOPC and heard and considered the testimony taken at the hearings; <br />and <br />WHEREAS, it has been determined that the following findings of fact pertain to the Waterway <br />Village development of regional impact: <br />(a) The proposed development is not in an area of critical state concern <br />designation, pursuant to the provisions of Section 380.06, Florida Statutes; <br />(b) The State of Florida has not adopted a Land Development Plan applicable to <br />the area in which the proposed development is to be located; <br />(c) The proposed development, subject to the conditions specified herein and <br />conditions specified in the planned development approval granted by Indian River <br />County, is consistent with the Comprehensive Plan and Development Laws and <br />Regulations of Indian River County; <br />F:\Community Development\Users\CuiDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC <br />1 <br />