Loading...
HomeMy WebLinkAbout1986-108®EC A Bou 66 uu.599 RESOLUTION 86 - 108 RESOLUTION PROVIDING FOR A SUBSTANTIAL DEVIATION TO THE DEVELOPMENT ORDER APPROVING THE GRAND HARBOR DEVELOPMENT OF REGIONAL IMPACT. WHEREAS, pursuant to the provisions in Chapter.380, Florida Statutes, the Board of County Commissioners of Indian River County has adopted Resolution 85-128 establishing the Development Order approving the Grand Harbor Development of Regional Impact; has adopted Resolution 86-4 amending the adopted Development Order;' and has adopted Resolution 86-89 amending the adopted Development Order as amended; and WHEREAS, the project developer nas requested to add to the project 178.4 acres to consist of 71 dwelling units and an 18 -hole golf course, and to add another 72 boatslips to the project marina; and I WHEREAS, the request has been reviewed by the Treasure Coast Regional Planning Council and the .State Department of Community Affairs and has been determined to constitute a substantial deviation pursuant to Section 380.06(19), Florida Statutes; and WHEREAS, the Development Order is being amended to allow the substantial deviation request: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the adopted Development Order approving the Grand Harbor Development of Regional Impact as amended is hereby amended and conditions for said amendments are hereby established -as follows: CONDITIONS A. Application for Development Approval 1. The Grand Harbor Substantial Deviation Application for Development Approval is incorporated herein by reference and relied upon *by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Substantial Deviation Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380.07(2), Florida Statutes. For the purpose 'of this condition, the Substantial. Deviation Application for Development Approval shall include the following item: Substantial Deviation Application for Development Approval dated August 13, 1986. B. Effectiveness of Development Order. 1. Except as specifically amended herein, all conditions specified in the Development Order (Resolution 86-128), Amendment to the Development Order (Resolution 86-4), and Amendment to the Development Order (Resolution 86-89) for Grand Harbor shall remain in full force and effect and shall apply to and be binding upon the 178.4 acre tract (River Club parcel) being added to. the original DRI property through the substantial deviation. AMENDMENTS Section 1 Under -"HABITAT, VEGETATION AND WILDLIFE" item 17 shall be amended to read as follows: 17. Marina Development shall be restricted to existing marina - Basin 1, as identified on page 12-20 of the. ADA. Marinas 2, 3 and 4 shall not be constructed. The maximum number of slips to be accommodated within Basin 1 shall be a total of 7� 144 (72 of which are restricted to use by sailboats)_at this time. It is recognized that the basis for this re- striction is concern for potential boating impacts upon the West Indian manatee and negative impacts on wetlands. The developer is studying methods to address and mitigate those impacts. Should the developer subsequently demonstrate reasonable assurance that additional slips would not have a significant adverse effect upon the manatee species, or should the marina siting plan approved by, Council identify Grand Harbor as a suitable site for additional slips of the size and type proposed in the Grand Harbor ADA, then the developer shall be presumed to be entitled to construct such additional slips. However, should additional slips (more than 72Y 144 total or more than 72 slips unrestricted in use) be proposed for the site, such slips shall be considered a substantial deviation pursuant to. Section 380.06(19), F.S. and, therefore, shall require a review by the regional planning council. Pursuant to substantial deviation review, 72 additional boatsliDs total Droiect slips being 144 at this time are 2. has no adverse effect upon the survival of the manatee. Development of docks in other locations (areas outside of Marina$ 1) Mid/41 or development of boat ramps or dry storage facilities shall be prohibited other than as necessary to provide recrea- tional fishing access for project residents to the internal estuarine/waterway system. Access shall be limited to no -more than two access points. No anchorage shall be permitted. CODING: Words in Aittd¢)t/.iM 01A4M type are deletions from existing law; words underlined are additions. BOOK W FMGE 6JO DEC 9 1986 r - r-117- I DEC 91986 BOOR C F'4 601 55. The following improvements shall be implemented in conjunction with the four -lane construction of Indian River Boulevard: a) Construction of 53rd Street as a four -lane road median divided between U.S. 1 and Indian River Boulevard, and construction of 53rd Street as a two-lane road between Indian River Boulevard and the project entrance. r THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED in a public l hearing held on this the 9th day of December , 1986. G. Don C. Scurlock,'Jr., airman Board of County Commi sioners ATTEST: County C1 r