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RESOLUTION 2013- <br /> A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br /> (` COUNTY, FLORIDA, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW <br /> Or PERTAINING TO WATERWAY VILLAGE, A DEVELOPMENT OF REGIONAL IMPACT, <br /> AND CONSTITUTING THIS RESOLUTION AS AN AMENDMENT TO THE <br /> DEVELOPMENT ORDER BY INDIAN RIVER COUNTY IN COMPLIANCE WITH LAW; <br /> AND PROVIDING FOR AN EFFECTIVE DATE. <br /> FINDINGS OF FACT <br /> WHEREAS, DiVosta Homes, L.P. ("DiVosta") filed a Development of Regional Impact Application <br /> for Development Approval ("ADA") in accordance with Section 380.06 Florida <br /> Statutes; and <br /> WHEREAS, on November 9, 2004, the Indian River County Board of County Commissioners <br /> approved the Waterway Village Development of Regional Impact and issued a <br /> Development Order under Resolution 2004-137; and <br /> WHEREAS, the Developer is in the process of constructing up to 1,596 residential dwelling units, <br /> community recreation improvements, and up to 20,000 square feet of neighborhood <br /> commercial uses together constituting the Waterway Village Development of Regional <br /> Impact; and <br /> WHEREAS, on May 11, 2010, the Indian River County Board of County Commissioners approved <br /> an amended and restated Development Order under Resolution 2012-037; and <br /> WHEREAS, on April 11, 2012, the Indian River County Board of County Commissioners approved <br /> an amendment to the restated Development Order under Resolution 2012-029; and <br /> WHEREAS, at this time, the Development Order requires the Developer to submit annual reports, <br /> pursuant to Section 380.06(18), Florida Statutes; and <br /> WHEREAS, Section 380.06(18), Florida Statutes specifies that development orders which require <br /> annual reports may be amended to require biennial reports at the option of the local <br /> government; and <br /> WHEREAS, the Developer has requested that the Development Order be amended to require biennial <br /> reports, instead of annual reports, in accordance with Section 380.06(18), Florida <br /> Statutes; and <br /> WHEREAS, the Board of County Commissioners as the governing body of Indian River County, <br /> having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and <br /> empowered to amend the Development Order to require biennial reports instead of <br /> annual reports; and <br /> WHEREAS, the Board of County Commissioners of Indian River County has determined that <br /> amending the Development Order to require biennial reports instead of annual reports <br /> will not create the likelihood of any additional local or regional impact; and <br /> CODING: Underline: Additions <br /> Strife threto:Deleted Text <br /> F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\Waterwa Biennialrpts2doc 1 149 <br /> iret#EMMINT t�— <br />