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RESOLUTION NO. 2010- 038 (ii) another element of the relief is that DiVosta will advance construction of a portion of 53rd Street. This street is a major roadway in the Traffic Element of the County's Comprehensive Plan. Advancement of its construction will increase traffic capacity within Indian River County; (iii) another element of the relief is that DiVosta will advance improvement of 58th Avenue from a two-lane to a four -lane roadway between 49th Street and 53rd Street. Fifty -Eighth Avenue is a major roadway in the Traffic Element of the County's Comprehensive Plan. Advancement of this improvement will increase traffic capacity within Indian River County; (iv) another element of the relief is that DiVosta will pay certain traffic impact fees on or before December 31, 2015, which is an earlier date in time compared to the payment schedule if DiVosta were to win the lawsuit. The earlier paid fees will be paid into the County's Traffic Impact Fee Fund, which is used to pay the cost of improvements which increase the capacity of the roadway system within Indian River County; (v) each of the capacities and increased capacities described above will protect the public interest served by the regulations and statutes at issue. Without limitation, such capacities will help achieve the Transportation Element Goal as set forth in the County's Comprehensive Plan; and (vi) the relief granted is the appropriate relief necessary to prevent the County's position from inordinately burdening the Waterway Village real property, because traffic capacity will be available through the extended buildout of the development. 3. Approval of Settlement. Based upon the foregoing findings, the Board approves the Settlement, as set forth in the Settlement Documents. Specifically, the Board (a) approves the Settlement Agreement attached hereto as Exhibit "A", (b) acknowledges approval of the amendments set forth in the Amended and Restated Development Order, Resolution 2010- , attached to the Settlement Agreement as Exhibit "A", and (c) approves the amendments set forth in the Amended Developer's Agreement, attached to the Settlement Agreement as Exhibit "B". 4. County Approval/Effective Date of Settlement. The Board acknowledges that the Settlement includes settlement of the Bert Harris Claim. As set forth above, 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, the Board has determined that the Settlement and Settlement Documents should be approved by the Circuit Court, as set forth in §70.001(4)(d), Florida Statutes. The effective date of the Settlement and Settlement Documents shall be the date of such court approval, and 3