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Home My WebLink About2004-057RESOLUTION NO. 2004- 057 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING THE DEVELOPMENT ORDER (D.O.) APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT (DRI) WHEREAS, pursuant to the provisions of Chapter 380 Florida Statutes, the Board of County Commissioners of Indian River County, Florida has adopted Resolution 85-128 (adopted October 23, 1985) establishing the development order approving the Grand Harbor Development of Regional Impact (DRI), and has amended the adopted development order by the adoption of Resolution 86-4 (adopted February 5, 1986), Resolution 86-89 (adopted October 20, 1986), Resolution 86-108 (adopted December 9, 1986), Resolution 87-147 (adopted December 8, 1987), Resolution 89-21 (adopted February 21, 1989), Resolution 89-80 (adopted August 8, 1989), Resolution 91-87 (adopted August 6, 1991), Resolution 92-68 (adopted May 5, 1992), Resolution 93-88 (adopted May 11, 1993), Resolution 94-67 (adopted May 24, 1994); Resolution 98-01 (adopted January 6, 1998), Resolution 2001-085 (adopted September 11, 2001); Resolution 2002-059 (adopted August 13, 2002); and Resolution 2003-004 (adopted January 21, 2003) WHEREAS, the project developer (GHA Grand Harbor, Ltd.) has formally applied for certain changes to the development order; and WHEREAS, the proposed changes include: modifications to the marina to decrease the number of allowed boat slips from 344 to 230, and to increase the number of power boat slips to 216 from the 72 presently permitted; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: 1. The Board of County Commissioners finds that the proposed changes to the development approval do not constitute a substantial deviation pursuant to Chapter 380.06 of the Florida Statutes. 2. The Notification of Proposed Change To A Previously Approved Development of Regional Impact (DRI) application and materials submitted by the developer, GHA Grand Harbor, Ltd. Dated April 12, 2004, along with subsequent and related staff and applicant correspondence and all other related materials are hereby incorporated by reference into the Application for Development Approval (ADA) for the project. 3. All conditions and restrictions specified in the project development order (Resolution 85- 128), and all subsequent amendments (reference the resolutions referenced above) shall remain in full force and effect on the entire project area, except as modified by the development order changes contained in this resolution. FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Grand Harbor Marina Resolution 2004.rtf 1 RESOLUTION NO. 2004- 057 4. The project development order is amended as follows: Condition 17 of Resolution 85-128 as subsequently amended by Resolutions 86-108 and 94-67 is hereby amended to read: Marina development shall be restricted to the existing marina basin, as shown on the Master Siie Plan. The maximum number of slips to be accommodated shall be a total of (344) two hundred and thirty (�. All 344 230 slips shall be restricted to use by pleasure boats with drafts of six feet or less. An exception to the pleasure boat restriction may be made to accommodate a Florida Marine Patrol boat and/or an Indian River County Sheriff's Department boat or boat of any other law enforcement agency, or emergency services department boats during an emergency. Two hundfed seventy two (2-7-2) Fourteen (14) of the 344 230 slips shall be restricted to use by sailboats at all times (hurricane conditions excepted). The restrictions shall be provided for in the form of an agreement which shall be legally binding on any owner, lessor, lessee, renter or user of restricted slips. Restricted slips shall be visibly marked as restricted to sailboats only, in order to make monitoring of compliance with this condition easier. FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Grand Harbor Marina Resolution 2004.rtf 2 RKWETWA M_ -vim - . MW �- - MN 110 NINII :I:�A:I �.:�'.�17:L..:1 Rim.pIOA: �IIi�: t�lti.i�-:I :i�Ari.�.:I�.:l►:/: Kaw W n.: FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Grand Harbor Marina Resolution 2004.rtf 2 RESOLUTION NO. 2004- 057 [ \ \�/ � � � � � 1��747 � ■ �I�l� A��/ � ■ t\ � \�Al� � 1�1� \�/ � �7 � f� 7 � � �/'\l� 7 �I 1�1R�O��l111/�1R.7 � t � [! 7 t� l7%(! l9 \�/ � / \A%11/%1 The operation of the marina and construction of additional slips after the effective date of this amendment to the Development Order shall be subject to the following requirements: The standard manatee construction conditions shall be followed for all in -water construction. 2. A literature display shall be provided, in two locations in the basin, to distribute (at no charge) the "Indian River County Manatee Protection Zones" booklets to boaters using the docking facility. In addition, the booklets will be provided to all multi -family and single-family dock users. The booklets are available free of charge from the Florida Inland Navigation District (561-627- 3386). 3. The Developer shall install and maintain a display that provides information on the characteristics of manatees and the potential threat to this endangered species from boat operation. The Developer agrees to install and replace the signs in the event the signs fade or become damaged, and maintain these signs for the life of the facility. The Developer shall install and display signs within 30 days prior to completion of construction. The number, type, and procedure for installation should be in accordance with the handout "Permanent Manatee Suns", which can be obtained from the Bureau of Protected Species Management, OES-BPS, 620 S. Meridian Street, Tallahassee, Fl 32399-1600 (,12hone 850/922-4330). 4. To reduce the risk of entrapment and drowning of manatees in culverts, the Developer agrees to investigate whether existing culverts pose a risk to manatees, and to coordinate with the FWC in such an investigation. If deemed appropriate by the FWC, grating shall be installed over the culverts identified with bars spaced to provide an opening no greater than 8 inches. 5. The existing manatee educational program conducted by the Developer currently will be expanded to require, as a condition of all annual and long-term slip leases, that the captain and operators of the vessel attend and pass a manatee education program put on by the permitted facility. Classes will be available at least twice per year, at no charge, and will be taught by instructors familiar with local waters and manatee protection, including vessel speed zones. The class will emphasize knowledge of these subjects and how to reduce risks to manatees and their habitat. A renewal will be required at least every three years. Documentation of compliance with this condition shall be maintained in the Dock Master's office. 6. The Developer will fund, for ten (10) years, 400 hours of overtime per year for the Indian River County Sheriff's Office Special Operations Unit to augment manatee speed zone enforcement from Barber Bridge to Sebastian Inlet, or other areas within the County requiring augmentation of manatee speed zone enforcement. On an annual basis, the Developer will obtain from the Sheriff's Office documentation on how the funding was utilized to increase the level of law enforcement and submit such documentation to the FWC for review. If the annual review indicates that funds are not being appropriately used for increased manatee speed zone enforcement, the Developer will work with the FWC to identify alternative methods to ensure that the funds are appropriately used. This obligation shall continue for ten years from the approval of this amendment, regardless of the FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Grand Harbor Marina Resolution 2004.rtf RESOLUTION NO. 2004- 057 termination date for the development order or build out date. 7. The Developer shall provide a minimum of two wet slips dedicated for law enforcement vessels. Development of docks in other locations (areas outside the Marina) or development of boat ramps or dry storage facilities shall be prohibited other than the provision of recreational access for project residents by non -motorized craft to the internal estuarine/waterway system. Access shall be limited to no more that two access points. No anchorage shall be permitted. PASSED AND ADOPTED in a public hearing held on this 17th day of May , 2004. The foregoing resolution was offered by Commissioner Adams , and the motion was seconded by Commissioner Lowther , and, upon being put to vote, the vote was as follows: Chairman Caroline D. Ginn Na), Vice -Chairman Arthur R. Neuberger Aye Commissioner Fran B. Adams Aye Commissioner Thomas S. Lowther Ave Commissioner Kenneth R. Macht Nay This Chairman thereupon declared the resolution duly passed and adopted this 8th day of June , 2004. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA i4 a $,f}�•�.� A;t ,A{''t `"*'rye' ,�1. By - °° $•: �'' ` Chairman Caroline D. nn ATTEST: °bjeffrey�K. Barton' County Cle State bf Florid"a=:, \x County of Indian�Rve'r's'' d 's I HEREBY ;CERTIFY that on this day, before me, an officer duly authorized in this State and County to take - 'L- acknowledgments,' personally appeared Caroline D. Ginn and PATRICIA M. RIDGELY as DEPUTY CLERK TO JEFFREY K. BARTON, as Chairman of the FACommunity Develop ment\Users\CurDev\RESOLUTION\2004 Resolutions\Grand Harbor Marina Resolution 2004.rtf 4 o RESOLUTION NO. 2004-= Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instruments and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State as aforesaid this 8th day of June , A.D., 2004 :y'ei'•. Kimberly E. Massung •': MYCOMMISSION# D0214503 EXPIRES 'o July 15 2007 APPROVED AS TO PLANNING MATTERS: Robert M. Keating, AICP Community Development APPROVED AS TO FORM AND LEGAL SUFFICIENCY: g7t-� William G. Collins County Attorney BONDED THRUTROY FAIN INSURANCE INC FACommunity Development\Users\CurDev\RESOLUTION\2004 Resolutions\Grand Harbor Marina Resolution 2004.rtf 5