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Fr'_ -7 SEP 2 3 1956 BOOK ", 8�0 Moss, HENDERSON & LLOYD, P.A. ATTORNEYS AND COUNSELORS 617 BEACHLAND BOULEVARD P. O. BOX 3406 VERO BEACH. FLORIDA 32964-3406 13081 231.1900 September 17, 1986 (Hand Delivery) TO: Indian River County Board of County Commissioners County Administration Building FROM: Steve L. Henderson, Esquire RE: Grand Harbor, Inc. As you are probably aware, this firm represents Grand Harbor, Inc., the developer of the Grand Harbor project. We are presently scheduled before the County Commission at its meeting on October 14, 1986, at which meeting the County Commission will consider the Conceptual PRD Plan for Grand Harbor, as well as other matters. It has recently come to our attention that provisions of the Storm Water Management and Flood Protection Ordinance, as previously amended, specifically those provisions requiring a creation of storage capacity for areas displaced by fill or structures, would -effectively preclude the issuance of land development permits for a major portion of the Grand Harbor project. Our experts feel that the provisions of Section 7-B(1) are unnecessary with respect to projects located in an estuarine area, as is a major part of the Grand Harbor Development. While I am not familiar with the detailed technical aspects, generally speaking, since flood waters flow into the Indian River, and, thereafter, through inlets into the Atlantic Ocean, requirements for storage capacity in these areas simply do not make sense. We have had discussions with your County Engineer and we understand that he has been consulting with the Water Management District concerning this issue. I believe that your County Engineer will support an amendment which resolves this problem. I am suggesting two alternate forms of. amendment to the Ordinance which would make these provisions non -applicable to developments situated in an estuarine environment. Both suggested alternatives would be formatted as a proviso to Section 7-B(1). Alternate 1• - Provided, however, that this subsection shall not apply in estuarine environments if the applicant demonstrates, by a competent engineering study, that the development project, as designed, will further the purposes of this Ordinance by providing increased flood protection. Alternate 2- Provided, however, the Board of County Commissioners may, in its discretion, grant a variance from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine environment and that the development project, as designed, will further the purposes of this Ordinance by providing flood protection. We are asking that this matter be considered at your meeting scheduled for September 24, 1986 and immediately scheduled for a public hearing not later than your meeting on October 14, 1986. 20