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RESOLUTION 2010- 037 <br />(d) The amendments to the Development Order requested by DiVosta in the <br />NOPC submitted on February 15, 2010 do not constitute a substantial deviation. <br />CONCLUSIONS OF LAW <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in a Public meeting, duly <br />constituted and assembled on the 11`11 day of May, 2010, that the ADA and the NOPC submitted by <br />DiVosta are hereby ordered APPROVED, subject to the following conditions, restrictions, and <br />limitations: <br />Application for Development Approval <br />1. The Waterway Village DRI ADA is incorporated herein by reference. It is relied upon, but not <br />to the exclusion of other available information, by the parties in discharging their statute duties <br />under Chapter 380, Florida Statutes. Substantial compliance with the representations contained <br />in the ADA, as modified by Development Order ("DO") conditions, is a condition for approval. <br />For the purpose of this condition, the ADA shall include the following items: <br />a) ADA dated October 29, 2003; and <br />b) Supplemental information dated February 4, 2004 and March 22, 2004; and <br />c) Supplemental/Revised plans dated August 25, 2004; and <br />d) Revised Conceptual PD (planned development) plan dated October 4, 2004. <br />Commencement and Process of Development <br />2. In the event the developer fails, within eighteen months from the effective date of the DO, to <br />commence significant physical development beyond the development in existence on the <br />approval date of the DO, development approval shall terminate, and the development shall be <br />subject to further DRI review by the Council, Department of Community Affairs, and Indian <br />River County pursuant to Section 380.06, Florida Statutes. For the purpose of this paragraph, <br />construction shall be deemed to have initiated after placement of permanent evidence of a <br />structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any <br />work beyond the stage of excavation or a land clearing, or construction of a permanent access <br />road. <br />Phasing <br />3.a. The phasing of the development is approved and building permits shall be issued and vested <br />for traffic concurrency except as noted as follows: <br />F:\Community Development\Users\CurDev\RESOLUTION\2010 Resolutions\Waterway Village.DOC <br />2 <br />