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AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND NOVEMBER 29, 2000 ******************************************************************************** Item 1 Minutes Submittal of the Minutes from the October 10, 2000 Cabinet Meeting (See Attachment 1, Pages 1-15) RECOMMEND APPROVAL ****************************************************************************** Item 2 BOR/UF-IFAS/Washington County Bid Acceptance/Land Sale REQUEST: Consideration of (1) a request by the Florida Board of Regents to sell a 197-acre, more or less, parcel of state-owned land in Washington County; and (2) acceptance of an offer submitted by Washington County in the amount of $281,000. COUNTY: Washington Deed No. 30644 LOCATION: Section 34, Township 05 North, Range 13 West CONSIDERATION: $281,000 to be deposited in the Institute of Food and Agricultural Sciences Relocation and Construction Trust Fund. STAFF REMARKS: The 1987 Legislature charged the Florida Board of Regents with analyzing the effectiveness of transmitting the University of Florida, Institute of Food and Agricultural Sciences (IFAS) programs/research to industries in the state through extension services. The study was completed and approved by the Florida Board of Regents in January 1988, and recommended the development of comprehensive centers strategically located throughout the state to enhance the delivery of the IFAS food, agriculture and natural resource programs. In 1990, the Legislature passed chapter 90-148, Laws of Florida, authorizing the Florida Board of Regents, with the approval of the Board of Trustees, to sell, trade, or exchange state agricultural research and education property, and apply the funds to the relocation and construction of new agricultural research facilities. The subject property known as the Chipley Beef Unit consists of 197 acres, more or less, a three-bedroom/two-bath residence, a building containing an office, a conference room and a storage area, dairy barn with cattle holding sheds and an open hay barn. The property was appraised by Tillman Pippin, State Certified General Real Estate Appraiser, on March 12, 1999. Mr. Pippin estimated the market value of the property to be $281,000. Only one appraisal is required when selling surplus land, and staff determined that a second appraisal was not justified for the subject property. In accordance with section 253.111, F. S., before the property was offered for sale on the private market, Washington County (County) was notified of the availability of the property. The County expressed an interest in owning the property in order to develop an industrial park as part of its economic development efforts. In 1999, the Florida Legislature passed, and the Governor signed into law, chapter 99-251, Laws of Florida, supporting economic development in the rural areas of the state. By Executive Order Number 99-275, the County was designated by the Governor as a Rural Area of Critical Economic Concern. Criterion for this designation is a county being in a state of "economic distress", which is defined as a condition affecting the fiscal and economic viability of a rural community, including such factors as low Board of Trustees Agenda November 29, 2000 Page Two ****************************************************************************** Item 2, cont. per capita income, lower per capita taxable values, high unemployment, high underemployment, low weekly earned wages compared to the state average, low housing values compared to the state average, high percentages of the population receiving public assistance, high poverty levels compared to the state average, and a lack of year-round stable employment opportunities. Due to the economic conditions in the County, the Board of County Commissioners is unable to pay cash at closing for the property. In consultation with IFAS, the Division of State Lands’ staff negotiated a contract that allows the County to pay for the property over a 15-year period. In lieu of a deposit toward the purchase of the property, the County will be using its available funds to effectively market the property and to install any infrastructure needed to attract businesses to the property. Other provisions of the contract include the following:
Trustees $1,426.40 multiplied by the number of acres or fraction of an acre released as the release price. Upon receipt of payment, the Board of Trustees will relinquish its security interest in that portion of the property. Whatever principal is outstanding at the end of the 15th year will be due at that time. The County will have the right to prepay the purchase price at any time.
A consideration of the status of the local government comprehensive plan was not made for this item. The Department of Environmental Protection has determined that surplus land sales are not subject to the local government planning process. (See Attachment 2, Pages 1-37) RECOMMEND APPROVAL ****************************************************************************** Item 3 SFWMD/St. Lucie County/Weaver Acquisition Agreement/Indian River Lagoon Blueway (Queens Island, Phase II) CARL Project REQUEST: Consideration of authorization to acquire a 100 percent interest in 40.34 acres in the Indian River Lagoon Blueway (Queens Island, Phase II) CARL project from Harrison H. Weaver, Individually and as Trustee. Board of Trustees Agenda November 29, 2000 Page Three ****************************************************************************** Item 3, cont. COUNTY: St. Lucie Review Number 001903 LOCATION: Sections 14 and 15, Township 34 South, Range 40 East CONSIDERATION: $430,000 (The Board of Trustees’ 50 percent share of the total purchase price of $860,000) STAFF REMARKS: The Indian River Lagoon Blueway CARL project is ranked number 9 on the CARL Bargain/Shared Project List approved by the Board of Trustees on February 22, 2000, and is funded under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 5,178 acres, of which 1,178.95 acres have been acquired. After the Board of Trustees approves this agreement, 3,958.71 acres or 76 percent of the project will remain to be acquired. On April 27, 1999, the Board of Trustees authorized staff to enter into an acquisition agreement with the South Florida Water Management District (District) and St. Lucie County (County) to acquire multiple ownerships located in Queens Island, Phase II of the Indian River Lagoon Blueway CARL project in accordance with section 259.041(16), F.S., utilizing the procedures set out in section 373.139, F.S. The District contracted to purchase the ownership at 100 percent of the appraised value. This project’s funding involves a federal grant through the U.S. Fish and Wildlife Service (USFWS). The federal acquisition procedures obligate the District to offer the full appraised value and pay all closing costs. The Board of Trustees will contribute 50 percent, the USFWS will provide 39.9 percent, from the grant, and the County will contribute 10.1 percent of the purchase price for the contract. Pursuant to the terms of the acquisition agreement, the District shall be reimbursed 50 percent by the Board of Trustees, 39.9 percent by the USFWS and 10.1 percent by the County of all costs associated with its attempt to acquire lands within the project, including pre-acquisition and closing related costs. The District will defend the Board of Trustees at the District’s sole cost and expense in all matters pertaining to title, survey or environmental defects known by, or which should have been known by, the District prior to closing, without reimbursement from the Board of Trustees. The Board of Trustees will reimburse the District for 50 percent of litigation costs incurred as a result of matters that could not have been known by the District. Title to the property will vest 100 percent in the Board of Trustees. As provided for in the acquisition agreement, on September 14, 2000, the Governing Board of the District adopted Resolution No. 2000-73, requesting the Board of Trustees’ share of the purchase price for all parcels, reimbursement of 50 percent of its pre-acquisition costs and reimbursement of 50 percent of its closing costs (recording, title insurance policy and survey costs). Pursuant to the acquisition agreement, the pre-acquisition and closing costs will be reimbursed from CARL incidental expense funds. The District’s resolution contains all of the assurances required by the acquisition agreement. Staff recommends participation in the acquisition according to the terms and provisions of the acquisition agreement among the Board of Trustees, the District and the County. The survey that was provided by the District for this acquisition did not address the water boundary question. Since there was no current mean high water line location at the project site, the Bureau of Survey and Mapping contracted with a DSL-approved surveyor to establish a tidal datum in the project vicinity and locate the mean high water line within the entire project boundary. The tidal datum was established by several days of data collection that was Board of Trustees Agenda November 29, 2000 Substitute Page Four ****************************************************************************** Item 3, cont. performed in accordance with DSL methodology. The elevation of mean high water was then observed in the field and located on aerial photography. The area of submerged land was then deducted from the total areas of each affected parcel shown on the survey. This information was then supplied to the District for evaluation. For this acquisition, the total area was reduced from 43.62 acres to 40.34 acres. This area reduction was located in the surveyed areas designated as wetlands. The District staff appraiser indicated that the site value was based upon the number of upland acres and a minimum required number of on-site wetland mitigation acres. All of the lost acreage involved wetland areas in excess of the minimum number required for on-site mitigation; therefore, there was no change in value. Public acquisition will help preserve and improve the aquatic natural communities of the Indian River Lagoon, one of the country’s most productive, diverse, and commercially and recreationally important estuaries. A third of the country’s manatee population lives in the Indian River, and the area is important for many migratory birds as well as for oceanic and estuarine fishes. Additionally, public acquisition will provide natural resource-based recreation in a developing area of Florida. The Department of Environmental Protection’s Office of Coastal and Aquatic Managed Areas is the lead manager for this project. Management of this parcel, which will become part of the Indian River Lagoon State Buffer Preserve, will be accomplished through a management agreement with the County. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 3, Pages 1-62) RECOMMEND APPROVAL ****************************************************************************** Substitute Item 4 Hatcher/Landfinder Corporation Purchase Agreement/Perpetual Conservation Easement/Apalachicola River CARL Project REQUEST: Consideration of a purchase agreement to acquire a perpetual conservation easement on 681.5 acres within the Apalachicola River CARL project from Jimmy and Vivian Hatcher, husband and wife, and Landfinder Corporation. COUNTY: Liberty LOCATION: Section 31, Township 02 North, Range 07 West; Section 36, Township 02 North, Range 08 West; and Section 06, Township 01 North, Range 07 West CONSIDERATION: $912,000
* The value reflects the less-than-fee value only. ** The majority of the land was acquired over 30 years ago. STAFF REMARKS: The Apalachicola River CARL project is ranked number 8 on the CARL Less-Than-Fee Project List approved by the Board of Trustees on February 22, 2000, Board of Trustees Agenda November 29, 2000 Substitute Page Five ****************************************************************************** Substitute Item 4, cont. and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The Less-Than-Fee ranking group of the project contains 3,754 acres, of which these are the first to be acquired. After the Board of Trustees approves this agreement, 3,072.5 acres or 88 percent of the ranking group will remain to be acquired. All mortgages and liens will be satisfied or subordinated at the time of closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. A survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The high plateaus, steep bluffs and deep ravines, some as deep as 150 feet, of the northern Apalachicola River valley are some of the most significant natural features of the southeastern Coastal Plain. Covered with rich forests, the area harbors many northern, rare and endemic plants and animals, such as the nearly extinct Florida torreya tree and the Florida yew tree, a relative of the Pacific yew, which is a source of the cancer-fighting substance taxol. By acquiring rights to the Hatcher parcel, the state will help to protect the east bank of the river from development and preserve a portion of a landscape linkage of undeveloped land between the city of Chattahoochee and The Nature Conservancy preserve to the south, thereby helping to preserve the water quality of the river – which feeds the productive Apalachicola Bay – and the unique species and biological communities of the region. The approved value of the unencumbered fee simple interest of the property is $1,475,000. The Forestry Company, Inc., performed a timber cruise in April, 1999 and has provided a timber value of $842,397. The Board of Trustees will be notified if the property is offered for sale. The remainder ownership rights will be restricted by encumbrances which include, but are not limited to, the following:
Board of Trustees Agenda November 29, 2000 Substitute Page Six ****************************************************************************** Substitute Item 4, cont.
While the easement does not provide public access, it does provide limited access to conduct scientific studies and environmental education programs. The public visiting the Apalachicola Bluffs and Ravines Preserve to the north will be able to enjoy an unspoiled vista across the easement land. The Nature Conservancy, Inc., will monitor compliance with the less-than-fee agreement on this property using an easement documentation report that will be reviewed and approved by the DSL. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 4, Pages 1-65) RECOMMEND APPROVAL ****************************************************************************** Substitute Item 5 BOR/UWF/J. H. Baroco Foundation, Inc. Option Agreement REQUEST: Consideration of an option agreement to acquire 54.93 acres for the benefit of the Florida Board of Regents and the University of West Florida from the J. H. Baroco Foundation, Inc. COUNTY: Escambia APPLICANT: University of West Florida (UWF) LOCATION: Sections 24 and 25, Township 01 North, Range 30 West CONSIDERATION: $837,750 ($745,550 for the 44.84 acres and $92,200 for the 10.09 acres previously approved and cut out)
* The property was acquired as an inheritance and then conveyed to the Baroco Foundation. ** The total appraised value is based on 150.20 acres. The approved value of $745,550 on the 44.84-acre parcel reflects the reduction of the 105.36 acres that will be donated by the Baroco Foundation to the University of West Florida Foundation. STAFF REMARKS: Funds for this parcel were appropriated by the 1997-1998 Florida Legislature and are still available. On December 14, 1999, the Board of Trustees approved the purchase of 379.45 acres from the J. H. Baroco Foundation, Inc., for $3,700,000. Because the owner was not able to provide clear title to a 10.09-acre portion of the property at the time of closing, the 10.09-acre portion was cut out and the purchase price was reduced by $92,200. It is anticipated that the title issue Board of Trustees Agenda November 29, 2000 Substitute Page Seven ****************************************************************************** Substitute Item 5, cont. will be cleared by the time of this closing; therefore, the 10.09 acres have been added to this agreement. All mortgages and liens will be satisfied at the time of the closing. In the event the commitment for title insurance, to be obtained prior to closing, reveals any encumbrances which may affect the value of the properties or the proposed management of the properties, staff will so advise the Board of Trustees prior to closing. UWF will provide a survey, a title insurance policy and an environmental site assessment prior to closing. The acquisition of this property will ensure the future growth and the ability for planning and enhancement of UWF’s teaching, research and public service missions. In addition, at the time of closing the J. H. Baroco Foundation will be donating approximately 105 acres to the University of West Florida Foundation for the benefit of UWF. The property will be managed by UWF as a part of the existing campus through a lease to the Florida Board of Regents. This acquisition is consistent with section 187.201(01), F.S., the Education section of the State Comprehensive Plan. (See Attachment 5, Pages 1-64) RECOMMEND APPROVAL ****************************************************************************** Item 6 Polk County Option Agreement/Lake Wales Ridge Ecosystem (Hesperides) CARL Project REQUEST: Consideration of an option agreement to acquire 912.81 acres within the Lake Wales Ridge Ecosystem (Hesperides) CARL project from Polk County. COUNTY: Polk LOCATION: Sections 09, 16, 17 and 20, Township 30 South, Range 29 East CONSIDERATION: $1,292,539
* Babson Florida Limited Partnership acquired the property in several transactions since 1976. STAFF REMARKS: The Lake Wales Ridge Ecosystem (Hesperides) CARL project is ranked number 1 on the CARL Priority Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. This project is divided into three ranking groups (Priority, Mega/Multiparcel and Less-Than-Fee) which together contain 43,089 acres, of which 20,580.28 acres have been acquired or are under agreement to be acquired by the Board of Board of Trustees Agenda November 29, 2000 Substitute Page Eight ****************************************************************************** Item 6, cont. Trustees. After the Board of Trustees approves this agreement, 21,595.89 acres or 50 percent of the project will remain to be acquired. Pursuant to a multi-party agreement entered into between the DSL and The Nature Conservancy, Inc. (TNC), TNC pursued the acquisition of the parcel from June 24 through December 10, 1998, but was unable to reach a written agreement with the Babson Florida Limited Partnership (Babson). In June 1999, the Green Horizon Land Trust, Inc. (Green Horizon) entered into negotiations with Babson, and in August 1999, entered into an option agreement, which was then assigned to Polk County. On May 19, 2000, Polk County acquired the property for $1,277,934, and paid $14,605 to Green Horizon for agreed upon compensation, for a total of $1,292,539. All mortgages and liens will be satisfied at the time of closing. There are several power line easements in favor of Peace River Valley Electric Membership Cooperative, Inc. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. A title insurance policy, an environmental site assessment, and a survey will be provided by the seller prior to closing. The purchaser will reimburse the seller’s cost of the title insurance policy, the environmental site assessment and the survey. The high, sandy, Lake Wales Ridge, stretching south from near Orlando almost to Lake Okeechobee, was originally covered with a mosaic of scrub, flatwoods, wetlands, and lakes. The scrub is unique in the world - it is inhabited by many plants and animals found nowhere else - but it has almost completely been converted to citrus groves and housing developments. The Lake Wales Ridge Ecosystem CARL project is designed to protect the best remaining tracts of this scrub and the ecosystems associated with it, thereby preserving several endangered species and allowing the public to see examples of the unique original landscape of the ridge. The property will be managed by the Department of Agriculture and Consumer Services’ Division of Forestry as a unit of the Lake Wales Ridge Ecosystem. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 6, Pages 1-38) RECOMMEND APPROVAL ****************************************************************************** Substitute Item 7 TPL Option Agreement (Mariner Properties)/Cayo Costa Island (Buck Key) CARL Project REQUEST: Consideration of an option agreement to acquire 34.7 acres within the Cayo Costa Island (Buck Key) CARL project from the Trust for Public Land. COUNTY: Lee Board of Trustees Agenda November 29, 2000 Substitute Page Nine ****************************************************************************** Substitute Item 7, cont. LOCATION: Sections 35 and 36, Township 45 South, Range 21 East; and Section 02, Township 46 South, Range 21 East CONSIDERATION: $2,610,000
* The U. S. Fish and Wildlife Service will be acquiring 34.7 acres and the BOT will be acquiring 34.7 acres ** TPL purchased the property from Mariner Properties in 2000. Mariner Properties entered into a contract for the property from Theodore Wattrous and William Wattous in 1995 and paid a total of $3,995,000 between 1995 and 1997. *** The BOT’s 50 percent share of the total approved value of $5,220,000. STAFF REMARKS: Buck Key is located within the boundary of the J. N. "Ding" Darling National Wildlife Refuge and the Cayo Costa Island (Buck Key) CARL project, currently ranked number 6 on the CARL Mega/Multiparcels Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ (DSL) Land Acquisition Workplan. The project contains 2,002 acres, of which 1,912.34 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, and the U. S. Fish and Wildlife Service (USFWS) acquires its 34.7 acres, 20.26 acres or one percent of the project will remain to be acquired. USFWS has been identified by the state as the managing agency for state and federal land on Buck Key, which has been a USFWS priority since 1988. However, a lack of federal acquisition funds and a prior unwilling seller precluded the possibility of public acquisition. In 1997, the property was acquired by a developer, Mariner Properties Partnership, Inc., (Mariner Properties), and the state and USFWS faced the possibility that one of the most environmentally important barrier islands left in southwest Florida would be lost forever. On December 14, 1999, in an effort to maximize both state and federal dollars, the Board of Trustees approved a partnership acquisition between USFWS and the DSL. Under the approved partnership, USFWS and the state would each contribute 50 percent of the final approved purchase price towards the acquisition, and each would take title to 50 percent of the property. The Board of Trustees also approved the substitution of the Uniform Appraisal Standards for Federal Land Acquisitions (1998) and the U.S. Fish and Wildlife Service Land Acquisition Guide for the state procedures provided for in section 259.041, F.S., and chapter 18-1, F.A.C. As a result, USFWS requested the assistance of the Trust for Public Land (TPL) in working to acquire the property from Mariner Properties and securing Federal Land and Water Conservation Fund monies for the acquisition of Buck Key. In the fall of 1999, TPL successfully negotiated an option to purchase the 69.4-acre property from the developer, Mariner Properties, for $6,850,000. While this is more than the approved value of the property, Mariner Properties’ independent MAI appraisal of the property by a state-approved appraiser supported the value and Mariner Properties was unwilling to sell the environmentally important barrier island for a lesser value. TPL has paid Mariner Properties $5,220,000 at this time, and has until December, 2000 to pay additional money due to Mariner Properties. Otherwise, the sale will be void and the $5,220,000 already paid will be refunded to TPL. The $1,630,000 needed to complete the purchase, plus costs associated with TPL’s participation in the project, will come from private donations raised by the Sanibel-Captiva Conservation Foundation, the Captiva Civic Associations and local supporters. TPL’s obligation to convey the property to the purchaser is contingent upon TPL acquiring fee Board of Trustees Agenda November 29, 2000 Substitute Page Ten ******************************************************************************Substitute Item 7, cont. simple title to the property prior to closing this transaction. All mortgages and liens will be satisfied at the time of closing. There is no legal access to the property. The only access is by way of boat over sovereignty submerged lands. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. An environmental site assessment and a survey will be provided by the seller. A title insurance policy will be provided by the purchaser and the purchaser will reimburse the sellers’ cost of the environmental site assessment and survey. A chain of sandy barrier islands, including Cayo Costa and North Captiva, protects the entrance to Charlotte Harbor, one of the largest and most productive estuaries in Florida. Public acquisition of the Cayo Costa Island CARL project will protect the beaches, dunes and hammocks of these islands - the largest barrier islands in natural condition in southwest Florida - while giving residents and tourists a beautiful natural shore to enjoy for years to come. USFWS will manage the entire tract as part of the J.N. "Ding" Darling National Wildlife Refuge. These acquisitions are consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 7, Pages 1-25) RECOMMEND APPROVAL ****************************************************************************** Substitute Item 8 Needham/Youngberg Option Agreement/Don Pedro Island State Recreation Area REQUEST: Consideration of an option agreement to acquire 3.67 acres within the Don Pedro Island State Recreation Area, Division of Recreation and Parks’ Additions and Inholdings project from Doug Needham and Craig Youngberg. COUNTY: Charlotte LOCATION: Section 16, Township 42 South, Range 20 East CONSIDERATION: $280,000
* Acquired in 1998 at a tax deed sale. STAFF REMARKS: The Don Pedro Island State Recreation Area project has been identified on the Division of Recreation and Parks’ (DRP) Additions and Inholdings List. This Board of Trustees Agenda November 29, 2000 Substitute Page Eleven ****************************************************************************** Substitute Item 8, cont. agreement was negotiated by the Division of State Lands on behalf of the DRP under the State Parks Additions and Inholdings Preservation 2000 program. All mortgages and liens will be satisfied at the time of closing. There is no legal access to the property. The only access is by way of boat over sovereignty submerged lands. The DRP, the future managing agency, has determined that the property can be effectively managed without legal access. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to the Department of Environmental Protection (DEP) the authority to review and evaluate marketability issues as they arise on all chapter 259, F.S., acquisitions and to resolve them appropriately. Therefore, DEP staff will review, evaluate and implement the most appropriate resolution for this and any other title issues that arise prior to closing. A title insurance policy, a survey, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. The property, though small, represents the last undeveloped land of any particular significance between the present park boundary and development south of the park. Based upon appraisal information, two dwellings could be placed on the property. Single-family residences have been constructed on property south of the parcel; therefore, it is likely that construction permits could be issued for two units on the parcel. The property is also adjacent to a historic pass that has filled in. A beach renourishment project north of the property is proposed to begin in 2002. Over time, the sand from this project would migrate south and, in all likelihood, build up adjacent to the parcel. The state owns the property on the north side of the pass. Acquisition of this property, which is on the south side of the old pass, will aid in avoiding any future problems associated with ownership claims that might result due to accretion activities associated with the pass. The property will be managed by the DRP as an addition to the Don Pedro Island State Recreation Area. This acquisition is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 8, Pages 1-17) RECOMMEND APPROVAL
****************************************************************************** Item 9 Jacksonville Port Authority Recommended Consolidated Intent REQUEST: Consideration of an application for (1) a five-year sovereignty submerged lands lease containing 306,662.40 square feet, more or less, for a proposed wharf and mooring area for a cruise ship terminal; (2) a 36.71 acre, more or less, public easement for a dredged access channel to the terminal; (3) authorization for the severance of 865,000 cubic yards of sovereign material; (4) construction of a 720-foot-long vertical retaining wall with riprap; (5) conveyance of approximately 4,736 square feet (0.11 acre) of sovereignty submerged lands proposed to be filled; and (6) acceptance of a donation of approximately 1.70 acres of privately-owned submerged lands in exchange for the sovereignty submerged lands conveyed. Board of Trustees Agenda November 29, 2000 Page Twelve ****************************************************************************** Item 9, cont. COUNTY: Duval Lease No. 160222132 Public Easement No. 30579 Application No. 16-172980-001-EI & 16-172980-002-EI APPLICANT: Jacksonville Port Authority (JPA) LOCATION: Section 25, Township 01 South, Range 27 East, in the St. Johns River, Class III Waters, within the local jurisdiction of the city of Jacksonville Aquatic Preserve: No Outstanding Florida Waters: No Designated Manatee County: Yes, with an approved manatee protection plan Manatee Aggregation Area: No Manatee Protection Speed Zone: Yes, 300-foot slow speed zone CONSIDERATION: The project qualifies for a waiver of the lease and easement fees pursuant to section 253.77(4), F.S. The project qualifies for a waiver of the severance fee pursuant to section 253.03(10), F.S. STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., the attached "Recommended Consolidated Notice" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial." JPA is proposing to construct a new terminal to berth a passenger cruise ship. The ship will embark on extended cruises with intervening stops in other states or foreign ports. The terminal will consist of three 110-foot-long by 30-foot-wide access trestles leading to a 624-foot-long by 40-foot-wide wharf and four 24-foot-long by 20-foot-wide mooring dolphins. The terminal will provide mooring for one passenger cruise ship up to 960 feet long by 106 feet wide. The adjacent uplands will contain a terminal building and parking facilities with the required stormwater treatment system. JPA is also proposing to dredge 865,000 cubic yards of sovereign material to create an access channel with sufficient depths to berth the cruise ship. The spoil will be disposed of on a JPA-owned spoil disposal island. The berthing area and access channel will be dredged to - 30.0 feet mean low water with side slopes of 3 to 1 (horizontal to vertical). As part of the terminal development, the applicant will construct a 720-foot-long vertical retaining wall with riprap along the shoreline. The retaining wall and backfill material will result in the filling of 4,736 square feet (0.11 acre) of sovereignty submerged lands. JPA states that this is an unavoidable impact of the proposed upland terminal. The area to be filled is a small triangular recess in the shoreline that is vegetated with salt marsh grass. JPA is proposing to deed a 1.70-acre parcel of land to the Board of Trustees in exchange for the 4,736 square feet of sovereignty submerged lands to be filled. The 1.70-acre (approximate) parcel is a mitigation site located on Fanning
Board of Trustees Agenda November 29, 2000 Page Thirteen ****************************************************************************** Item 9, cont. Island that was excavated below the mean high water line and is connected to the tidal waters of Sisters Creek. Sisters Creek is located within the Nassau River-St. Johns River Marshes Aquatic Preserve. JPA has agreed to survey the mean high water boundary within the mitigation area and provide a legal description, if this request is approved. This has been addressed as a special approval condition. JPA’s 1.70-acre site was originally an upland area that was excavated in February, 2000 to offset salt marsh impacts for another JPA project. This project was not constructed. JPA intends to use this created site as mitigation for the salt marsh impacts associated with the cruise ship terminal, as well as exchange the area below mean high water for the 4,736 square feet of sovereignty submerged lands to be filled at the terminal. The proposed fill for the retaining wall will result in the sale/exchange of sovereignty submerged lands. Staff is of the opinion that the proposed conveyance is in the public interest in light of the following: the land proposed to be permanently filled is for the operation of a public port facility, and the exchange ratio will be approximately 15 to 1; the proposed land exchange will offset the loss of the estuarine habitat by increasing the foraging habitat for wildlife and enhancing the quality of the preserve; and the land proposed for exchange is located adjacent to the Nassau River-St. Johns River Marshes Aquatic Preserve, an Outstanding Florida Water. JPA plans to utilize the surrounding uplands for future salt marsh mitigation requirements which will act as a buffer to the lands proposed to be conveyed by JPA. JPA submitted two environmental resource permit applications for the project. One application involves the wharf construction, dredging, lease and public easement. The second application involves construction of the stormwater system for the upland development and filling and construction of the retaining wall and riprap. DEP is presenting the proprietary aspects of both proposals as one item for consideration by the Board of Trustees. The DEP environmental resource permit addresses sewage pumpout facilities, and does not authorize liveaboards or fueling facilities. The Florida Fish and Wildlife Conservation Commission states that the project appears to be consistent with the Duval County Manatee Protection Plan, and its recommendations regarding protection of manatees have been addressed in the permits. Mitigation for the salt marsh impacts has been addressed in the permits. The project was noticed as required. A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the compliance agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the city of Jacksonville on August 28, 2000. (See Attachment 9, Pages 1-61) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITIONS
Board of Trustees Agenda November 29, 2000 Substitute Page Fourteen ****************************************************************************** Substitute Item 10 Sarasota Yacht Club Recommended Consolidated Intent DEFERRED FROM THE JULY 25, 2000 AGENDA DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA DEFERRED FROM THE SEPTEMBER 26, 2000 AGENDA DEFERRED FROM THE OCTOBER 24, 2000 AGENDA REQUEST: Consideration of an application for a modification of a five-year sovereignty submerged lands lease for an existing private yacht club docking facility to increase the number of wetslips from 84 to 108 and increase the preempted area from 182,086 square feet to 244,137 square feet, more or less. COUNTY: Sarasota Lease No. 580578403 Application No. 58-01620873-001 APPLICANT: Sarasota Yacht Club
LOCATION: Section 26, Township 36 South, Ranges 17 East, in Sarasota Bay, Class II Waters, within the local jurisdiction of the city of Sarasota Aquatic Preserve: No Outstanding Florida Waters: Yes Designated Manatee County: Yes, without an approved manatee protection plan Manatee Aggregation Area: No Manatee Protection Speed Zone: Yes, Idle speed/no wake in the vicinity of the marina CONSIDERATION: $30,716.57 as the initial lease fee computed at the base rate of $0.1183 per square foot, including the 25 percent surcharge payment for the additional area. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended Consolidated Intent" contains a recommendation for issuance of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial." The lessee is proposing to expand the existing 84-slip, private yacht club docking facility by constructing 24 additional boat slips, thereby creating a 108-slip facility. The initial lease was approved by the Board of Trustees on October 18, 1983. The most recent modification to the existing sovereignty submerged lands lease, that was approved under delegation of authority by DEP on February 11, 1997, incorporated 142,986 square feet of registered, grandfathered structures into the existing 39,100-square-foot lease area for a total lease area of 182,086 square feet. This proposed addition is 62,051 square feet, for a new total lease area of 244,137 square feet.
The upland facility consists of a clubhouse and dining room. The existing docking facility contains three docks extending an average of 280 feet into the waterbody. The proposed
Board of Trustees Agenda November 29, 2000 Substitute Page Fifteen ****************************************************************************** Substitute Item 10, cont. construction over sovereignty submerged lands includes: three 97-foot-long by 10-foot-wide walkout extensions from the existing docks; three 120-foot-long by 10-foot-wide terminal "T" docks at the end of each access dock; and two 40-foot-long by 3-foot-wide catwalks at each dock. The proposed project is not anticipated to have any adverse impact on benthic resources. In addition, the water depths at the site of the proposed expansion are greater than -11 feet at mean low water. The types of vessels using the facility are recreational, ranging from 45 to 60 feet in length with a 4-foot draft. The Board of Trustees reviewed this project proposal on July 25, 2000. At that Cabinet meeting, concerns were expressed over cumulative impacts to manatees from marinas and other types of multi-slip docking facilities within the 13 coastal counties (including Sarasota County) that were to have developed and adopted comprehensive manatee protection plans (MPP). At the July Cabinet meeting, the subject item was deferred until the status of the MPP for Sarasota County and the other coastal counties could be assessed. At the September 12, 2000 Cabinet meeting, the Florida Fish and Wildlife Conservation Commission (FFWCC) presented a status report on the MPPs of the 13 coastal counties. Manatee Protection Plans consist of boat facility siting, habitat protection, education, speed zone, and law enforcement elements. While only 4 of the 13 counties have approved MPPs addressing each element, each of the counties has speed zone rules adopted by FFWCC. FFWCC recommended that future MPPs concentrate on boat facility siting, which has proven to be the most controversial element of the MPPs. According to a letter from FFWCC dated October 5, 2000, county-wide manatee protection speed zones were adopted for Sarasota County in 1992, with the posting of those zones completed in 1993. FFWCC further stated: "Sarasota County has implemented various manatee education programs for county residents and visitors, but they have not made significant progress on marina siting or completing an MPP." FFWCC had previously reported to DEP that the County has recently taken steps to implement the boat facility siting element, and anticipates that this element will be finalized within a year. Completion of the siting element will be a significant step in Sarasota County’s manatee protection planning. As a part of its routine review of applications for docking facilities and their anticipated impact on manatees and their habitat, FFWCC stated in a memorandum to DEP on December 30, 1999, that incorporation of the standard manatee protection construction conditions and a condition requiring manatee awareness and informational displays at the Sarasota Yacht Club facility would satisfy the statutory requirements for manatee protection. In a October 5, 2000 letter, FFWCC again reiterated no objection to the issuance of the lease modification, provided these measures were followed. The recommendations of the FFWCC have been addressed in the environmental resource permit. DEP’s recommendation to the Board of Trustees on a proposed use of sovereignty submerged lands is based on the project’s compliance with the sovereignty submerged lands statutes and rules. Because of staff’s finding that the proposed project meets all existing statutory and rule requirements along with the recommendations of the FFWCC for protection of manatees, staff believes that it is obligated to return this item to the Board of Trustees with a recommendation of approval. The DEP environmental resource permit also requires sewage pumpout facilities, prohibits liveaboards at the proposed slips, and authorizes fueling facilities. The proposed project is exempt from noticing pursuant to section 253.115(5)(i), F.S.
Board of Trustees Agenda November 29, 2000 Substitute Page Sixteen ****************************************************************************** Substitute Item 10, cont. A local government comprehensive plan has been adopted for this area by the city of Sarasota, pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the compliance agreement between DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from the city of Sarasota. (See Attachment 10, Pages 1-27) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION AND PAYMENT OF $30,716.57 ****************************************************************************** Item 11 Brickell Key Marina/Swire Properties Recommended Consolidated Intent DEFERRED FROM THE JULY 25, 2000 AGENDA DEFERRED FROM THE SEPTEMBER 12, 2000 AGENDA DEFERRED FROM THE SEPTEMBER 26, 2000 AGENDA REQUEST: Consideration of an application for a five-year sovereignty submerged lands lease containing 204,861 square feet, more or less, for a proposed private use, access-restricted commercial marina. COUNTY: Miami-Dade Application No. 13-0132744-001 APPLICANT: Swire Properties, Inc. d/b/a Brickell Key Marina LOCATION: Section 07, Township 54 South, Range 42 East, in Biscayne Bay, Class III Outstanding Florida Waters, within the local jurisdiction of the city of Miami Aquatic Preserve: Biscayne Bay, Resource Protection Area 1 Designated Manatee County: Yes, with an approved manatee protection plan Manatee Aggregation Area: No Manatee Protection Speed Zone: Yes, slow speed zone Outstanding Florida Waters: Yes, Class III STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this "Recommended Consolidated Intent" contains a recommendation for denial of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S. The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands. If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the Department of Environmental Protection (DEP) will issue a "Consolidated Notice of Intent to Issue" that will contain general and specific conditions. If the Board of Trustees denies the use of sovereignty submerged lands, whether or not the activity qualifies for a permit, DEP will issue a "Consolidated Notice of Denial." The applicant is proposing to construct a 112-slip commercial marina facility on the western shoreline of Brickell Key Island, located just south of the mouth of the Miami River in downtown Miami. The lease area, 204,861 square feet, will be divided into three separate
Board of Trustees Agenda November 29, 2000 Page Seventeen ****************************************************************************** Item 11, cont. parcels, with two parcels located north of an 840-foot-long by 66-foot-wide private bridge connecting the island to the mainland, and one parcel on the south side of the bridge. Parcel One is the northernmost parcel and contains 10,301 square feet. Parcel Two is located immediately north of the bridge and contains 102,910 square feet. Parcel Three is located immediately south of the bridge and contains 91,560 square feet. The applicant owns 4,525 linear feet of shoreline on Brickell Key, as verified by Dade County tax records. The marina will be used in conjunction with upland private residential units, a hotel, and some commercial activities. The applicant proposes to limit 46 of the 106 private slips for powerboats, with remaining private slips for sailboat mooring only. Six slips in Parcel One will be dedicated to marine law enforcement vessels. Each slip is proposed to have a wastewater pumpout, connected to the island’s collection system. The applicant describes the marina as a "docks only" facility. No fueling or boat repair facilities, liveaboards, or other such activities are proposed. The applicant’s consultant has stated that the marina will be solely for the use of the island’s residents and guests of the hotel. Public access to the island is limited. Vehicle or pedestrian access to the island is confined to the bridge that leads to a booth staffed by a security guard. During visits to the island, staff has noted that there is minimal public parking available. The application states that a water taxi also stops at the island. Currently, the upland uses are a combination of private residential units, a hotel, offices, and commercial retail activities. A 3.5-acre public park is proposed near the marina on the west side of the island, pursuant to a 1975 development order. The applicant proposes to retain approximately two feet of the riparian shoreline along the top of a seawall surrounding the island. In addition, a 20- to 30- foot-wide strip of upland located adjacent to and upland of the applicant’s two-foot strip will be conveyed to the City of Miami (City) for a public park. This conveyance is pending. A wetland resource permit for a 53-slip marina was originally issued by the former Department of Environmental Regulation on May 28, 1985. A concurrent application for a sovereignty submerged lands lease was submitted on November 2, 1982, to the former Department of Natural Resources for processing. Because of an inability to adequately address the rule requirements of "extreme hardship" and "public interest", this application was subsequently deactivated. The applicant requested that the lease file be reactivated on January 25, 1989. The application was, however, again deactivated on September 25, 1990, because of the inability to meet the "extreme hardship" provisions of the rule. The proposed project will be located on a bridged coastal island, and is therefore not subject to the coastal island rule. The proposed project will be located in Biscayne Bay Aquatic Preserve, established under section 258.397, F.S. As such, activities in this aquatic preserve must be consistent with the provisions of the statutes and rules governing the preserve. Section 258.397(3)(a), F.S., states that, "No further sale, transfer, or lease of sovereignty submerged lands in the preserve shall be approved or consummated by the board, except upon a showing of extreme hardship on the part of the applicant and a determination by the board that such sale, transfer, or lease is in the public interest." In addition, section 18-18.006(3)(b), F.A.C., states that, "There shall be no further use, sale, lease, or transfer of interests in sovereignty submerged lands unless an applicant affirmatively demonstrates sufficient facts to support a finding by the board that: (i) an extreme hardship exists for the applicant at the time the application is filed; (ii) the use, sale, lease, or transfer of interest and the project planned in conjunction with the use, sale, lease or transfer of interest is in the public interest; and (iii) the project planned in conjunction with the use, sale, lease, or transfer of interest is consistent with these rules and management plans when developed for the preserve."
Board of Trustees Agenda November 29, 2000 Page Eighteen ****************************************************************************** Item 11, cont. The purpose of the facility is to provide dockage exclusively for residents of the island and for hotel guests. The entire facility will be owned, operated, and maintained by Swire Properties, not the City. As such, the marina is an amenity associated with an upland, access-restricted, commercial activity; owned, operated, and maintained by a private entity; with little, if any, access for the public at large. Section 18-18.004(7), F.A.C., clearly defines the project to be a private, "commercial/industrial dock" marina. Staff is of the opinion that the proposed project contradicts the requirements of section 258.397(3)(a), F.S., and section 18-18.006(3)(b), F.A.C., which both state that leases in the Biscayne Bay Aquatic Preserve must meet the test of extreme hardship, as defined in section 18-18.004(11), F.A.C. The rule allows some latitude for projects which are a public necessity, when such projects are necessary to protect public health and safety and there is no alternative. The applicant asserts that the project meets the extreme hardship test because the City is proposed to be co-lessee, which makes the marina a public project, and the City has endorsed the marina as part of a downtown revitalization, claiming it to be a public necessity. However, based on the submitted information, the City is not qualified to be a co-lessee since the City does not have the requisite riparian upland property interest required by statute and rule. After conveyance of the park property, the City still will not be a riparian upland owner, as the applicant will retain a two-foot-wide strip of property along the upland edge of the seawall. The applicant has also not shown public necessity, pursuant to section 18-18.004(22), F.A.C., by demonstrating how this access-restricted commercial marina is required for the protection of the health and safety of the public. Furthermore, the applicant has not provided evidence that no other reasonable alternatives exist. Absent the demonstration of public necessity, the applicant has not provided any other demonstration of how the project meets the test of extreme hardship. Section 18-18.006(3)(b), F.A.C., requires that a lease in Biscayne Bay must be in the public interest, pursuant to section 18-18.004(20), F.A.C., and defines such as demonstrating environmental, social, and economic benefits to the public at large, which would clearly exceed all similar cost. Application of the balancing test results in the costs of the proposed marina exceeding the benefits. Costs include: private preemption of almost five acres of public land from public use; increased boat traffic congestion in and near a navigation channel; shading impacts to seagrass, macroalgal habitat, and other hard bottom benthic communties; and potential impacts to the West Indian manatee. The Florida Fish and Wildlife Conservation Commission (FFWCC) has recommended against a commercial or public marina at the site. Minimal benefits are expected. The primary benefit is a proposed conservation easement to extend along 4,106 linear feet of the island shoreline. However, this conservation easement is of limited value, since it is not likely that additional docking activities or facilities could be approved along the island. The applicant proposes to offset shading impacts by providing artificial substrate for new algal growth in another site within the project area. Staff is of the opinion that this project is not in the public interest. This item was deferred from the July 25, 2000, September 12, 2000, and September 26, 2000, agendas in order to give the applicant’s agent time to refute several of staff’s points in the item. One point which has been specifically mentioned is the agent’s opinion that Brickell Key is the ideal site for a marina in Miami-Dade County, countering the comments made by FFWCC, Save the Manatee Club (SMC), and Miami-Dade County Department of Environmental Resource Management (DERM). However, Brickell Key is not one of the sites recommended for a marina by the approved Miami-Dade County Manatee Protection Plan Board of Trustees Agenda November 29, 2000 Page Nineteen ****************************************************************************** Item 11, cont. (MPP). Since the original drafting of the item, DEP has not received any submittals from the applicant's agent or consultant to address any disputed issues or to request modification of the item. In summary, staff’s opinion is that the proposed project will have no net public benefit and is not itself a public project, and meets neither the extreme hardship nor the public interest tests necessary for approval. An objection to the project was received from Friends of the Everglades on August 14, 1998. The objection stated that the project did not meet the "extreme hardship" criteria of section 18-18.006(3)(b), F.A.C., and that the City did not have sufficient interest in the uplands to be considered a co-applicant or co-lessee. A second objection to the project, in the form of a copy of a letter from SMC to the United States Army Corps of Engineers, was received on December 21, 1998. The objection stated that the project was not consistent with the Dade County MPP, that the project was not in the public interest, and that the mitigation measures proposed at that time were insufficient to offset potential manatee impacts. A third objection to the project was received from Miami-Dade County DERM on September 14, 1998. The objection stated that the project would adversely impact manatees and was inconsistent with the Miami-Dade County MPP. A DEP environmental resource permit application has been processed concurrently with the lease application. Both applications were deemed complete on May 5, 2000. Based on staff’s recommendation to the Board of Trustees that the lease application be denied, and the concerns about the use of the facility and manatee impacts, staff will also recommend denial of the environmental resource permit application. A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S. The Department of Community Affairs determined that the plan is in compliance. The City has sent letters supporting the project. However, no local permits have been issued for the project. RECOMMEND DEFERRAL TO THE FEBRUARY 6, 2001 CABINET MEETING
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