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FEB 2 81989 <br />800K <br />FACE <br />DESCRIPTION AND CONDITIONS: <br />In accordance with State DRI regulations, Grand Harbor, Inc. has <br />applied for an amendment to the development order (D.O.) issued <br />for the Grand Harbor DRI project. The request is to enlarge the <br />overall project by adding a ±4 acre parcel that is adjacent to the <br />project's existing boundaries. The new 4 acre parcel is to be <br />used as a central golf maintenance facility to serve the project's <br />River Club and Grand Harbor golf courses. <br />The applicant wishes the request to be treated as as minor amend- <br />ment, and has asserted that the change does not create a "substan- <br />tial deviation". A substantial deviation requires a full regional <br />review, the same as an original application. A minor amendment is <br />only subject to local review and approval, with the usual oppor- <br />tunity for the State or the Regional Planning Council to appeal <br />any adopted amendment. <br />Pursuant to Florida Statutes Chapter 380.06(19)(e)3, any addition <br />of land to the project is presumed to constitute a "substantial <br />deviation" unless the presumption is "...rebutted by clear and <br />convincing evidence." Thus, the request must be reviewed as a <br />substantial deviation unless the applicant can convince the State, <br />the Regional Planning Council, and the County that the amendment <br />is a minor, local matter and need not undergo a full regional <br />review. The Treasure Coast Regional Planning Council, has in- <br />formed County staff in writing that the request would not have <br />significant regional impacts and that no further Regional Planning <br />Council review of the request is warranted. The State, through <br />the Department of Community Affairs, has verbally indicated that <br />no further State review of the request is needed. <br />Therefore, in essence the State and the Regional Planning Council <br />have been convinced that the requested amendment does not create a <br />substantial deviation. The Board of County Commissioners must now <br />determine whether or not the requested change creates a substan- <br />tial deviation. Regardless of the Board's determination, actual <br />adoption of the requested amendment will be considered at another <br />to -be -scheduled public hearing. <br />ANALYSIS: <br />The existing approved Grand Harbor development plan shows two <br />separate golf maintenance facilities: one for each of the proj- <br />ect's two golf courses. The DRI conceptual plan shows a 2.5 acre <br />"Golf Maintenance" parcel located on the west side of Indian River <br />Boulevard. The proposed amendment would add a ±4 acre parcel on <br />the east side of Indian River Boulevard as shown in attachment #1. <br />The 2.5 acre site originally designated for golf maintenance, for <br />the time being, would be designated as open space. [NOTE: as a <br />result of its initial amendment review, staff has recommended that <br />the 2.5 acre site be re -designated as a future fire station site]. <br />The assessment of the State and the Regional Planning Council is <br />that no significant regional impact would result from the proposal <br />and that no regional review is necessary. County staff concurs: <br />the proposed change is minor in nature and will not significantly <br />affect transportation, the environment, land uses, infrastructure, <br />service demands, or other issues that would normally require <br />regional review. Therefore, it is the opinion of County staff <br />that the proposed D.O. amendment does not require regional review <br />and can be handled through local review and adoption as a minor <br />amendment. <br />46 <br />