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HomeMy WebLinkAbout1986-08910 B RESOLUTION 86 - 89 OCT 19gg ,. RESOLUTION AMENDING THE DEVELOPMENT ORDER APPRO~ Gf}A',jj�E;r'f&RAND •L7::;:rrepC 4 ® HARBOR DEVELOPMENT OF REGIONAL IMPACT. d'�, ,,�,y,rrt 1 �PeVt%n WHEREAS, pursuant to the provisions in Chapter 3 Statutes, the Board of County Commissioners of Indian Ri ® has adopted Resolution 85-128 establishing the Development Order approving the Grand Harbor Development of Regional Impact and has adopted Resolution 86-4 amending the adopted Development Order; and WHEREAS, the project developer has requested certain amendments to the Development Order to allow encroachment of development areas within designated "non-exempt" wetland areas in i return for restoration and creation of wetland areas elsewhere on the project site; and WHEREAS, the amendment request has been reviewed by the Treasure Coast Regional Planning Council and the State Department of Community Affairs and has not been determined to constitute a substantial deviation under Florida Statutes; and i WHEREAS, the Development Order is being amended in conjunction with an estuarine plan required by the Development Order; and WHEREAS, the estuarine plan proposes the excavation and utilization of only one marina basin area; and WHEREAS, references to the excavation and construction of a second marina basin shall be modified to reflect the use of one marina basin; 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 as follows, with said amendments to be incorporated into the existing Development Order: SECTION 1 Under "HABITAT, VEGETATION AND WILDLIFE" item 8 shall be amended to read as follows: 8. Prior to County approval of any conceptual PRD plan a plan detailing the design of the estuarine waterway and basin system shall be submitted to Indian River County and Treasure Coast Regional Planning Council for review and approval. The plan shall be designed to meet the following performance standards: a) It shall provide for adequate flushing within the system; b) It shall not include proposed marina Basins 3/A/iA//J 2, 3, and 4; c) It shall be constructed up to a maximum depth of -4 fee+' mean low water south of marina Basin � 1. d) It may include proposals to excavate or fill any wetlands designated as exempted wetlands in Exhibit 9 of this report. Excavation or fill proposals in other wetlands (non-exempt wetlands) shall be limited to those which are necessary to provide for the following management objectives: CODING: Words in type are deletions from existing law; words underlined are additions. ® e. I restoration of tidal exchange between marsh habitat and the Indian River Lagoon; II restoration of mosquito control functions and public health values; ® III restoration of water quality; IV development of adequate nursery habitat for fish; and V provision for adequate flushing. Excavation or fill proposals in non-exempt wetlands may also be permitted for golf_ course, development areas,_ and roadways provided that: �• - such non-exempt wetlands excavation and fill areas shall not exceed a cumulative total of twelve 12 acres for the entire project; any proposal to exceed the cumulative twelve (12) acre total shall • constitute a substantial deviation; mitigation at no less a rate than 1:1 in the form of the restoration and creation of other wetland areas shall be provided in return for approval of excavation and fill requests for development within the non-exempt wetlands. e) It shall provide no navigable connections to the Indian River Lagoon, other than that provided by the existing channel. Navigable access shall be prevented either by construction of: bridges or boardwalks across flushing connections that are structures that form low, effective barriers to navigation; the maximum distance between the bottom of such structures and ►nean low water levels shall be 24 inches. The maximum width of the connection shall be the minimum needed to provide an adequate flushing regime for the estuarine/waterway system. £) It shall provide for, and detail, all plans for construction and management of associated wetland habitats. g) As a minimum, the estuarine waterway and flushing channels shall include a fully vegetated littoral zone. As a minimum, 30 square feet of vegetated littoral zone shall be established per linear foot of estuarine waterway shoreline which occurs. The littoral zone shall consist entirely of native vegetation. h) The waterway system south of marina Basin 2 1 shall be designed for use by canoes and small non -motorized boats only. Signs prohibiting entrance of motorized boats shall be posted. i) All waterways, basins and the access channel to the Intracoastal Waterway shall be posted as a Manatee Area and Idle Speed Zone. The development plan which includes the vegetative mitigation plan, must be approved by Indian River County and Treasure Coast Regional Planning Council in consultation with U.S. Fish and Wildlife Service, Florida Game and Fresh Water Fish Commission, Florida Department of Natural Resources, and the Governor's Technical Subcommittee on Mana,2ed Salt Marshes. No site plan approval can be considered prior to the fulfill- ment of this condition. CODING: Words in $4t1A0V 00014 type are deletions from existing law; words underlined are additions. • SECTION 2 Under "HABITAT, VEGETATION AND WILDLIFE" item 17 shall be amended to read as follows: O 17. Marina Development shall be restricted to existing marina Basin 1 �4�idl/{�kbb��e/Au'a'�ilr�'a'/�(�lv(/Q, as identified on page 12-20 of the ADA. Marinas 2, 3 and 9 shall not be construc- ted. The maximum number of slips to be accommodated within $A4144 Basin 1 $44/1 shall be a total of 72 at this time. It is recognized that the basis for this restriction 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 pian 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 72) 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. THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED in a public hearing held on this the 20th day of October , 1986. Don C. Scur ock, Jr., Chairman Board of County Co ssioners ATTEST: CountyClk _ l APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bruce Barkett, County Attorney CODING: Words intype are deletions from existing law; words underlined are additions.