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RESOLUTION NO. 2010- 038 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT 1. Recitals. 2. Findings. the following findings: The above recitals are true and correct and are incorporated herein. The Board of County Commissioners hereby determines and makes a. The Settlement, as set forth in the Settlement Documents, is in the best interests of the citizens of Indian River County, Florida; b. The amendments to the Development Order and Developer's Agreement pertaining to Waterway Village, as reflected in the Settlement Documents, do not constitute a "substantial deviation" to the previously approved development within the meaning of §380.06(19), Florida Statutes. Specifically, the changes relate primarily to timing and local issues. With the changes, there will be no increase in the total number of units proposed, no additional adverse environmental impacts, no increases in project intensity and no decreases in compatibility. Because the changes do not constitute a substantial deviation and will not create a regional impact, the changes may be approved locally; c. The Board does not believe that the Settlement would have the effect of a modification, variance, or a special exception to the application of a rule, regulation, or ordinance, as it would otherwise apply to the Waterway Village real property (other than possibly the timing of payment of certain impact fees and capacity charges), or would have the effect of contravening the application of a statute as it would otherwise apply to the Waterway Village real property. However, in an abundance of caution, and to facilitate settlement of the Bert Harris Claim, the Board finds that the relief set forth in the Settlement and Settlement Documents protects the public interest served by the regulations and statutes at issue, including, without limitation, Chapter 910 (Concurrency Management System) of the IRC Land Development Regulations, Chapter 1000 of the IRC Code, and Chapters 163 and 380, Florida Statutes, and is the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the Waterway Village real property. Specifically, (i) the primary elements of the relief granted to Waterway Village are (a) traffic capacity (but not other components of capacity, as set forth in Chapter 910 of the IRC Land Development Regulations and Chapter 1000 of the IRC Code), including traffic capacity created by DiVosta's improvements to 53rd Street and 58th Avenue (discussed below), is and will be available for Waterway Village through an agreed schedule for buildout of the development, and (b) the agreed schedule for buildout of the development is extended based in part upon §380.06 (19)(c), Florida Statutes, and judicial tolling resulting from the Lawsuit; 2