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Home My WebLink About1986-004FEB 5 1986 BOOK PAC F. S y9 I RESOLUTION 86 - 4 RESOLUTION AMENDING 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; and r; WHEREAS, pursuant to subsection 380.07, Florida. Statutes, Treasure Coast Regional Planning Council has filed an appeal of the adopted Development Order to the Florida Land and Water Adjudicatory Commission; and WHEREAS, the appeal filed by Treasure Coast Regional Planning Council seeks amendment to the Development Order to address adverse impacts pertaining to the West Indian Manatee, water quality, and utilization of irrigation from the shallow aquifer; and WHEREAS, in cooperation with Treasure Coast Regional Planning Council and the developer, Grand Harbor, Inc., the County has considered the issues raised by Treasure Coast Regional Planning Council and has agreed to amend the Grand Harbor Development Order to more adequately address the referenced potential adverse impacts. . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Development Order• approving the Grand Harbor Development of Regional Impact is°hereby amended as follows, with said amendments to be incorporated into the adopted Development Order. SECTION 1. Under "HABITAT, VEGETATION AND WILDLIFE" item 18 is hereby amended to read " .. the following actions shall be taken:", and to establish item 18b) and 18c) to read as follows: "b) Initial and subsequent prospective renters, lessors, or owners of boat slips shall be screened by the appropriate marina facility administrative official(s) to determine whether these prospective users have had any past violations of marine laws, the nature of which may have been considered to pose a risk to protected Manatees (e.g., speeding, opera- tion of a, boat. while intoxicated, possession of illegal wildlife material). Individuals found to have violated any such marine lows within five years of their application for slip use, will be, prohibited from utilizing the marina facilities. Screening shall be required as part of any renewal of lease or rental agreements. Lease and rental agreements shall be good for a period ofno more than 24 months, for as long as the screening provision is in effect. Information on a prospective marina user's past boating record can be obtained from the Records Section of the Division of Law Enforcement , Florida Department of Natural Resources. The intent of this condition is to prevent individuals, who by their past action have shown a general disregard for•,the well-being of marine wildlife resources as evidenced by violations of the law, from regularly utilizing - the Grand Harbor marina facility. 50 The annual report shall include documentation verifying that no applicants approved during the reporting year (renters, lessors or owners of boat slips) have incurred violations of marine laws (within five years of application for slip use), the nature of which may pose a risk to Manatees. Screening of prospective renters, lessors, or owners of slips may be discontinued at such time that a slow or idle speed zone in the entire inter -inlet area (Sebastian and Ft. Pierce inlets) is established. c) In lieu of the screening condition described above, the developer may arrange to provide for strict enforcement of existing speed zones and other marine laws. Such an arrange- ment, if pursued as an option by the developer, must be approved by the County and Treasure Coast Regional Planning Council, prior to effective replacement of the screening condition described above". SECTION 2. Under "DRAINAGE", item 25 is hereby amended to read as follows: "25. The developer shall design and construct the stormwater management system to retain or detain with filtration, as a minimum, the first one -inch of runoff or the runoff from a one-hour, three-year storm event, whichever is greater. Required retention volumes may be accommodated in a combination of exfiltration trenches, vegetated swales,' dry retention areas, lakes with vegetated littoral zones or other suitable retention structures. All discharge from the surface water management lakes shall meet the water quality standards of Florida Administration Code Rule 17-3. Direct discharge of untreated surface water runoff from off-site sources into the marina basin(s), the estuary/water- way system or the Indian River Lagoon which would degrade water quality'within these systems shall not be allowed. The stormwater management system shall be designed to prevent water quality degradation of on-site surface water from off-site runoff sources. Final drainage plans of the stormwater management system shall be submitted to the Florida Department of Environmental Regulation, St. Johns River Water Management District, Indian River County, and the Treasure Coast Regional Planning Council. The plans shall include plan view and cross- sectional drawings (certified by a professional engineer) of the swale system, exfiltration trenches, lake systems and outfalls to waters in the lakes; and all pertinent elevations including existing seasonal high groundwater elevation, normal water level, design high water level and control structure inverts. Clearing of the land shall not begin until the plans are approved by the appropriate agencies. Direct discharge of untreated surface water runoff from off-site sources into the marina basin(s), the estuary/water- way system of the Indian River Lagoon which would degrade water quality within these systems shall not be allowed. The plans shall be approved by the County and Treasure Coast Regional Planning Council in consultation with the Florida Game and Freshwater Fish Commission in conjunction with any necessary approvals of permits from St. Johns Water Management District, prior to any land clearing, excavation, or construction on site". 51 FEB 5 1986 Box 6'3 mG;E 540 r FEB .5 1986 63 vnu.541 SECTION 3. Under "WATER SUPPLY", item 29 is hereby amended to read as follows: "29. The primary source of irrigation water from the proposed golf course shall be wastewater effluent. Limited amounts of supplemental irrigation water may be derived from the surface water management system of lakes. Under no circumstances shall irrigation water from any part of the project be derived from any Shallow Aquifer (Surficial Aquifer) well or wells". SECTION 4. Under item 3.i) of the "BE IT FURTHER RESOLVED..." section, items 12 and 14 are hereby amended and item 15 is hereby established to read as follows: "13. the total assessed value of the project property (every other year); 14, status of the project's private security system; and 15. documentation verifying that persons approved for renting, leasing or ownership of boat slips have not incurred certain violations of marine laws within five years of application for slip use. This shall be a required part of the annual report for as long as condition item 18.b) is in effect". THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED in a public hearing held on this the 5th day of February , 1986. / G -, -,ZIA Don C. Scurlo t, Jr., CA-Kayrkan Board of County CommiskiAers ATTEST,,, County C1$rk, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: DA af i/1V Charles -P . Vitunac, County Attorney 52