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