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MAY ® 51992 project's originally proposed building schedule, land' use intensities, and traffic analysis by the end of 1992. All of the referenced agencies and the developer have agreed to the wording of such a condition, and the condition has been incorporated within the proposed resolution approving Grand Harbor's request (see attachment #4). Subject to the proposed condition, county staff have no objection to approval of the request and adoption of the proposed resolution. RECOMMMATION: Staff recommends that the Board of County Commissioners: 1. Determine that the request does not constitute a substantial deviation. 2. Adopt the attached resolution to amend the Grand Harbor D.O. to allow the requested changes as described in this report. Planning Director Stan Boling reviewed the three modifications requested by the applicant. Staff is recommending that the Board adopt the resolution that would allow for the changes and make a finding that this does not constitute a substantial deviation. The basis of making that finding is that there is no increase in the amount of development allowed with these changes. It is basically expanding the overall project area and giving them more room to develop what already has been approved. He pointed out that the proposed resolution contains a condition about updating the project because the project is behind the original schedules and phasing that was proposed back in 1985. Commissioner Bowman noted that there is a conflict between the Treasure Coast Regional Planning Council and the Florida Department of Community Affairs on whether there is a substantial deviation. The TCRPC said that the proposed change does not meet or exceed any of the criteria in Sections 380.06 (19) (a), (b) or (c) of Florida Statutes requiring automatic Substantial Deviation review. The FDCA said there is a substantial deviation and cites Section E-3. She wished to know what E-3 is. Director Boling explained that E-3 says that if you are adding any acreage to a DRI project, they presume that will constitute a substantial deviation unless you make a finding otherwise on competent evidence. Basically, what is going to happen in the marina areas will not increase any intensity; in fact, we are doing away with some of the commercial along the river. He noted that the DCA signed off on 'this after their letter of April 9 was received. Commissioner Scurlock commented on how the transfer of intensities can change the impact on the demand for water, sewer, etc., and Director Boling agreed that in looking at the overall project, it does make a difference where you put things with regard 24