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1. 2. Regional Planning Council reviewed the Application for Development Approval and then transmitted recommendations for the Development Order (D.O.) to the County; County drafted and adopted the D.O.; 3. Regional Planning Council has reviewed the adopted D.O. to ensure that the regional impacts addressed in their previous recommendations were adequately addressed in.the adopted D.O. At their regular meeting of December 20, 1985, the Treasure -Coast Regional Planning Council voted to appeal the D.O. to the Florida Land and Water Adjudicatory Commission, as permitted under Sub- section 380.07 of the Florida Statutes. The Council voted to appeal the D.O. to ensure that certain "deficiencies" in the D.O. would be corrected. These deficiencies are in relation to the following three issues: 1. screening of prospective marina users (as a measure to help mitigate adverse impacts on the manatee), 2. discharge of untreated surface water run-off (to ensure participation of the Florida Game and Freshwater Fish Commission in the water quality issues of off-site run-off entering the marina and waterways), and 3. sources of irrigation water (prohibiting the use of shallow aquifer wells). ALTERNATIVES AND ANALYSIS: According to the minutes of the December 20th meeting and meetings with the Treasure Coast staff, the appeal was made to provide impetus for the County, Treasure Coast, and the developer to reach an agreement that addresses the three issues previously described. Since the time that the appeal was received by the County, County staff has held meetings with the Treasure Coast staff and the developer. The result of these meetings is a proposal to amend the adopted D.O., by adding provisions that address the three issue areas. County staff, Treasure Coast staff, and the developer are in agreement that. the proposed amendments are acceptable and adequately address the concerns or ,interests of the parties involved. The Regional Planning Council has indicated that if the County amends the D.O. in a way that adequately addresses the three issue areas, then the Council will withdraw its appeal. Treasure Coast staff has indicated that if the proposed amendments are adopted by the County, they will recommend that the Council withdraw the appeal. An alternative to adopting the proposed amendments, or something similar to those proposed, is for the County to let the Regional Planning Council pursue their appeal. The appeal process would include an administrative hearing, conducted by the Florida Land and Water Adjudicatory Commission (the Governor and the Cabinet). Within 30 days of the hearing, the Commission would render a decision to deny the appeal, remand the D.O. to the County for changes, or directly attach conditions to the D.O. The effectiveness of the D.O. is set "aside until the appeal is withdrawn or until the appeal process has been completed. PROPOSED AMENDMENTS: The first proposed amendment would add a requirement to screen persons using the marina facilities. The Board has previously questioned the effectiveness of the original Council recom- mendation. The proposed amendment differs from the Council's 45 Bou 6.3 F,:GF 534