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2010-038
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Last modified
4/4/2017 1:59:10 PM
Creation date
10/5/2015 8:59:31 AM
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Resolutions
Resolution Number
2010-038
Approved Date
05/11/2010
Agenda Item Number
10.A.1.2.
Resolution Type
Lawsuit Settlement Approval
Entity Name
Waterway Village
DiVosta Homes
Subject
Settlement Documents
Bert J. Harris, Jr. Private Property Rights Protection Act
Note: There is no Page 16, Exhibit R - See Resolution 2010-038
Supplemental fields
SmeadsoftID
8435
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RESOLUTION ;0492010 - <br />generation study determining new external traffic during both the AM and PM peak <br />hours due to existing development. <br />No further building permits for Waterway Village DRI shall be issued at the time the <br />Annual Status Report reveals that any needed transportation improvement included in <br />the DO is no longer scheduled or guaranteed, or has been delayed in schedule such <br />that it is not guaranteed to be in place and operational, or under actual construction <br />consistent with the timing criteria established in this DO. <br />ENVIRONMENTAL AND NATURAL RESOURCES <br />Upland Preservation <br />31. The developer shall preserve a minimum of 66 acres of forested pine flatwoods, sand <br />pine, pine/mesic oak, and sand live oak natural communities on the project site as <br />described on Map F, and shown on Map H of the DRI ADA and PD plan for <br />Waterway Village. The intent of this development condition is to provide protection <br />of upland natural communities, to provide habitat for wildlife, and to assist in <br />improving water quality by buffering wetlands and water bodies. The continued <br />viability and maintenance of the preserve area shall be assured through a <br />Conservation Easement with Indian River County and the St Johns River Water <br />Management District as part of the Development Plan. Said easement shall be <br />properly executed and recorded prior to issuance of a certificate of occupancy for any <br />portion of the project. <br />32. Temporary fencing of all preserve areas shall be installed by the developer and <br />inspected and approved by Indian River County prior to commencement of site <br />clearing adjacent to the preserve area. The fencing shall be of a type that clearly <br />identifies and designates the boundaries of the preserve areas and minimizes the <br />potential disturbance of these features during land clearing and construction. The <br />temporary fencing shall be established at least 30 feet outside the actual boundary of <br />the feservepreserve areas. Temporary fencing shall stay in place until it is necessary <br />to remove it for finish grading, required buffers, or required permanent fencing. <br />These provisions shall be addressed in any land clearing permit(s) issued by: Indian <br />River County for the project. <br />33. The developer shall incorporate provisions into the road design to enable wildlife, <br />including amphibians, reptiles, and small mammals, to safely cross between the <br />wetland and upland preserve areas. Wildlife underpasses are necessary to connect the <br />upland preserves north and south of the proposed 53rd Street Extension. The design <br />of the wildlife crossings shall be approved by the FFWCC prior to the construction of <br />these roads and issuance of a land development permit or right-of-way permit for 53rd <br />Street construction. <br />RM: 7375429: 1 <br />13 <br />
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