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M M The requested D.O. amendment is necessary to accommodate Grand Harbor's request for approval of a mixed use marina area conceptual and preliminary PD plan (see attachment #1). The marina area conceptual P.D. proposal is also scheduled for consideration at the May 5, 1992 Board meeting; however, the conceptual plan proposal can be considered only if the Board approves the D.O. amendment request. Pursuant to FS 380.06 which governs DRIs, the county may determine that the development order amendment request does not constitute a substantial deviation. If such a finding is made, the proposed change may be treated as a "minor amendment". As a minor amendment, a change in an approved D.O. can be made by the Board of County Commissioners without Regional Planning Council review. Pursuant to LDR section 916.05(1)1 the Planning and Zoning Commission considered this request at its April 9, 1992 regular meeting. At the April 9th meeting, the Planning and Zoning Commission voted unanimously to recommend that the Board of County Commissioners determine that the application/request does not constitute a substantial deviation and that the Board approve the D.O. amendment request (see attachment #3). The Board of County Commissioners is now to make a finding as to whether or not the request constitutes a substantial deviation and is to approve, approve with conditions, or deny the request. If the Board determines that the request constitutes a substantial deviation, then no final action can be taken by the Board until the substantial deviation review process is concluded and another special public hearing is scheduled. ANALYSIS: *Determination: Not a Substantial Deviation Florida Statutes Section 380.06 states that the addition of property to a DRI, such as is proposed with Grand Harbor's request, constitutes a substantial deviation unless otherwise rebutted by the applicant. Information and analysis from the applicant indicate that no increase in the use intensity of the project would result from approval of the request. County and Treasure Coast Regional Planning Council (TCRPC) staff have reviewed the request Pursuant to FS 380.06 and have indicated that the request does not appear to increase overall project impacts, does not constitute a substantial deviation and may be treated as a proposed change, "minor amendment". Thus, staff analysis indicates that the Board of County Commissioners should find that the request does not constitute a substantial deviation. As of the date of this report, no final determination has been received from DCA staff regarding a substantial deviation determination. *Effect of Request Approving the request would not increase the allowable maximum development intensity of the project. Approval would merely add ±10 acres to the overall project (see attachment #2) and would allow the developer more flexibility in the arrangement of residential and commercial uses within the marina area and between the marina area and the project's shopping center site. County staff, including public works, utility services, emergency bervices, and planning, have reviewed the request and have no objections to approval. However, county staff, Treasure Coast Regional Planning Council staff, Department of Community Affairs staff, Florida Department of Transportation staff, and the developer have agreed to a condition to be attached to the D.O. amendment. The condition requires the developer to update the 23 AY 0 5 1992 MOK