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FE B 5 1986 63 F,„F 539 RESOLUTION 86 - 4 RESOLUTION AMENDING THE DEVELOPMENT ORDER APPROVING THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT. WHEREAS, pursuant to the provisions in Chapter 380, Florida Statutes, the Board of County Commissioners of Indian River County has adopted Resolution 85-128 establishing the Development Order approving the Grand Harbor Development of Regional Impact; and WHEREAS, pursuant to subsection 380.07, Florida Statutes, Treasure Coast Regional Planning Council has filed an appeal of the adopted Development Order to the Florida Land and Water Adjudicatory Commission; and WHEREAS, the appeal filed by Treasure Coast Regional Planning Council seeks amendment to the Development Order to address adverse impacts pertaining to the West Indian Manatee, water quality, and utilization of irrigation from the shallow aquifer; and WHEREAS, in cooperation with Treasure Coast Regional Planning Council and the developer, Grand Harbor, Inc., the County has considered the issues raised by Treasure Coast Regional Planning Council and has agreed to amend the Grand Harbor Development Order to more adequately address the referenced potential adverse impacts. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Development Order.approving approving the Grand Harbor Development of Regional Impact is"hereby amended as follows, with said amendments to be incorporated into the adopted Development Order. SECTION 1. Under "HABITAT, VEGETATION AND WILDLIFE" item 18 is hereby amended to read ".... the following actions shall be taken:", and to establish item 18b) and 18c) to read as follows: "b) Initial and subsequent prospective renters, lessors, or owners of boat slips shall be screened by the appropriate marina facility administrative official(s) to determine whether these prospective users have had any past violations of marine laws, the nature of which may have been considered to pose a risk to protected Manatees (e.g., speeding, opera- tion of a boat. while intoxicated, possession of illegal wildlife material). Individuals found to have violated any such marine laws within five years of their application for slip use, will be. prohibited from utilizing the marina facilities. Screening shall be required as part of any renewal of lease or rental agreements. Lease and rental agreements shall be good for a period of. no more than 24 months, for ag long as the screening provision is in effect. Information on a prospective marina user's past boating record can be obtained from the Records Section of the Division of Law Enforcement , Florida Department of Natural Resources. The intent of this condition is to prevent individuals, who by their past action have shown a general disregard for, -the well-being of marine wildlife resources as evidenced by violations of the law, from regularly utilizing - the Grand Harbor marina facility. 50