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AGENDA BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND FEBRUARY 27, 2001 ************************************************** Item 1 Minutes Submittal of the Minutes from the January 23, 2001 Cabinet Meeting. (See Attachment 1, Pages 1-32) RECOMMEND APPROVAL *************************************************** Item 2 Julington Marina Partnership Recommended Consolidated Intent REQUEST: Consideration of an application for a modification of a ten-year sovereignty submerged lands lease to increase the preempted area from 45,505 square feet to 129,355 square feet, more or less, for a proposed expansion of a commercial marina. COUNTY: Duval Lease No. 160008532 Application No. 16-66310-001-EI APPLICANT: Julington Marina Partnership (d/b/a Julington Creek Marina) LOCATION: Section 47, Township 04 South, Range 27 East, in Julington Creek, 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, 450-foot slow speed bridge buffer CONSIDERATION: $13,191.75, representing the initial lease fee computed at the base rate of $0.1183 per square foot, discounted 30 percent because of the first-come, first-served nature of the facility and including the initial 25 percent surcharge payment for the additional area. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable. The lease fee may be adjusted based on six percent of the gross rental income pursuant to section 18-21.011(1)(a)1, F.A.C. STAFF REMARKS: In accordance with rules adopted pursuant to section 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." The lessee is proposing to expand an existing 51-slip commercial marina by constructing 51 additional slips, thereby creating a 102-slip facility. The existing sovereignty submerged lands lease, approved by the Board of Trustees on March 17, 1992, authorizes the preemption of 45,505 square feet of sovereignty submerged lands. The proposed addition is 83,850 square Board of Trustees Agenda – February 27, 2001 Page Two *************************************************** Item 2, cont. feet, for a new total preempted area of 129,355 square feet. The existing marina accommodates both wet and dry mooring and storage for recreational power boats with typical lengths being 25 to 40 feet and drafts of 3 to 5 feet. The 51 additional slips are expected to provide mooring for similarly-sized vessels. Due to height limitations of the existing State Road 13 bridge, mooring of sail boats at the facility is typically not feasible. A minimum of 90 percent of all slips will continue to be maintained on an open to the public, first-come, first-served basis, and this requirement has been included as a special lease condition. The existing and proposed structures are located within the 25-foot setback area, and a waiver has been obtained from the affected adjacent upland riparian owner. Also, the Florida Department of Transportation provided a letter of no objection to the project on April 17, 2000. The existing marina has a fixed dock with finger piers to form the 51 existing wet slips. Thirty-one of the existing slips are covered, the remaining are uncovered. The lessee is proposing to cover the 20 uncovered existing wet slips and 45 slips of the proposed 51-wet slip expansion. In addition, the existing marina includes four accessory docks. The accessory docks provide temporary mooring for the launching and recovery of vessels stored in an existing 190-unit dry storage building located on the lessee’s uplands, and provides launching for boat sale trial runs. The docks also provide fueling services from two existing fuel pumps. The proposed dock expansion will extend the total dock length into the creek, a distance of approximately 758 feet. The overall creek width is approximately 2,300 feet. The expanded facility will occupy approximately 33 percent of the overall creek width. Four adjacent marina docks extend into the creek a distance of approximately 600 to 650 feet, or 26 to 28 percent of the creek width. The lessee’s existing and proposed dock extension is located immediately adjacent to the State Road 13 four-lane bridge crossing of the creek. The center span of the bridge that is marked with navigational lights is located approximately 362 feet waterward of the end of the proposed dock expansion. Julington Creek does not have a defined or designated navigation channel other than the navigational lights marking the center span of the bridge and the point of highest clearance. According to the U.S. Coast Guard records, the clearance at the center span of the bridge is 15 feet. The normal ingress/egress for vessels traveling in the creek is through the lighted center span and the two adjacent spans. Due to the existing bridge’s alternately, offset pile supports and low clearance, navigation outside the center spans requires caution and slow speeds. Duval County’s manatee protection plan has designated a 450-foot slow speed zone on either side of the bridge out to the center span. The speed zone requires boats to be completely off plane, and to proceed with minimum wake. The DEP environmental resource permit authorizes sewage pumpout facilities and does not authorize liveaboards. Fueling facilities already exist at the marina. Duval County has an approved manatee protection plan (MPP). The FFWCC has stated that the project would be consistent with the MPP, provided its recommendations for manatee protection are included in the permit/lease. The recommendations of the FFWCC regarding protection of manatees have either been addressed in the permit or included as special lease conditions. There are no seagrasses or resources at the site. The project was not required to be noticed pursuant to section 253.115, F.S. 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 Board of Trustees Agenda – February 27, 2001 Page Three ************************************************** Item 2, cont. compliance. The proposed action is consistent with the adopted plan, as amended, according to a letter received from the city of Jacksonville on August 22, 2000. (See Attachment 2, Pages 1-33) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS AND PAYMENT OF $13,191.75 ************************************************** Item 3 BOR/UF-IFAS/DOT Land Sale REQUEST: Consideration of a request by the Florida Board of Regents to sell a 4.856-acre parcel of state-owned land in Polk County to the Florida Department of Transportation. COUNTY: Polk Deed No. 30640 LOCATION: Section 07, Township 26 South, Range 27 East CONSIDERATION: $160,676.47 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 to be 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 was part of a 136-acre parcel known as the Davenport property. On April 11, 2000, the Board of Trustees approved the sale of the Davenport property to Ritchie Bros. Properties, Inc., less the subject 4.856 acres to be sold to the Florida Department of Transportation (DOT). DOT will use the subject property for improvements to the I-4/US 27 interchange.
The property was appraised by John R. Underwood, Jr., MAI, SRA, and State Certified General Real Estate Appraiser of Appraisal & Acquisition Consultants, on July 12, 2000. Mr. Underwood estimated the market value of the property at $145,700, or $30,004.11 per acre. However, the parent tract sold to Ritchie Bros. Properties, Inc. for $33,088.235 per acre, and DOT agreed to pay the same price per acre for the 4.856 acres which equates to $160,676.47. Only one appraisal is required when selling surplus land and staff determined that a second appraisal was not justified for the subject property. 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. Board of Trustees Agenda – February 27, 2001 Page Four ************************************************* Item 3, cont. (See Attachment 3, Pages 1-21) RECOMMEND APPROVAL ************************************************* Item 4 Morales Option Agreement/Cayo Costa Island CARL Project REQUEST: Consideration of an option agreement to acquire 1.84 acres within the Cayo Costa Island CARL project from Roberto and Ofelia Morales and Orlando and Elba Morales. COUNTY: Lee LOCATION: Section 18, Township 44 South, Range 21 East; and Section 13, Township 44 South, Range 20 East CONSIDERATION: $318,000
* The lots were purchased prior to December 20, 1978. STAFF REMARKS: The Cayo Costa Island CARL project is ranked number 6 on the CARL Mega/Multiparcel Project List approved by the Board of Trustees on February 22, 2000, and is eligible for negotiation under the Division of State Lands’ Land Acquisition Workplan. The project contains 2,002 acres, of which 1,981.74 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 18.42 acres, or one percent of the project, will remain to be acquired. All mortgages and liens will be satisfied 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 title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. 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 the residents and tourists a beautiful natural shore to enjoy for years to come. Lots 1 through 3, Block 1, of this package deal, are the last remaining lots on the deepwater canal. The property will be managed by the Division of Recreation and Parks as a part of Cayo Costa State Park. Board of Trustees Agenda – February 27, 2001 Page Five *************************************************** Item 4, cont. 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 1-13) RECOMMEND APPROVAL ************************************************** Item 5 Rome Option Agreement/Charlotte Harbor Flatwoods CARL Project REQUEST: Consideration of an option agreement to acquire 429.70 acres within the Charlotte Harbor Flatwoods CARL project from Joel E. Rome, Trustee. COUNTY: Lee LOCATION: Section 05, Township 43 South, Range 23 East CONSIDERATION: $1,825,000
* Acquired in 1981. approval STAFF REMARKS: The Charlotte Harbor Flatwoods CARL project is ranked number 10 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’ Land Acquisition Workplan. The project contains 19,361 acres, of which 12,917.27 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 6,014.03 acres, or 31 percent of the project, will remain to be acquired. All mortgages and liens will be satisfied 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. DEP staff will review, evaluate and implement the most appropriate resolution for any title issues that arise prior to closing. A survey, a title insurance policy, an environmental site evaluation and, if necessary, an environmental site assessment will be provided by the purchaser prior to closing. Northwest of Fort Myers lies the largest and highest-quality slash-pine flatwoods left in southwest Florida. The pines are home to red-cockaded woodpeckers, black bears, and bald eagles, and an occasional Florida panther ranges the area. The largest population in the world of the rare beautiful pawpaw grows here. Several drainage ditches flow through these flatwoods into the Charlotte Harbor Aquatic Preserve. Public acquisition of the Charlotte Harbor Flatwoods CARL project will protect these flatwoods and connect the Charlotte Harbor State Buffer Preserve with the Babcock/Webb Wildlife Management Area, helping to protect both of these managed areas and the waters of the aquatic preserve. This parcel is important because it will be the first parcel that connects the Charlotte Harbor Flatwoods project to the Board of Trustees Agenda – February 27, 2001 Page Six ************************************************** Item 5, cont. Charlotte Harbor Aquatic Preserve. It is also the last large parcel on Burnt Store Road that would be a prime planned unit development. The property will be managed by the Florida Fish and Wildlife Conservation Commission as part of the Babcock/Webb Wildlife Management 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 5, Pages 1-47) RECOMMEND APPROVAL *************************************************** Item 6 TNC Assignment of Option Agreement (Zinn/Rauch)/Annutteliga Hammock CARL Project REQUEST: Consideration of the acceptance of an assignment of an option agreement to acquire 1,857.06 acres within the Annutteliga Hammock CARL project from The Nature Conservancy, Inc. COUNTY: Citrus LOCATION: Sections 07, 08, 17, 18, 20 and 21, Township 19 South, Range 18 East CONSIDERATION: $4,630,447.50 ($4,569,750 for the acquisition; $60,697.50 for the purchase of the option agreement)
* The acreage was reduced due to a 15-acre less out. The approved value has been adjusted accordingly. ** The property has been in its current ownership for over 30 years. STAFF REMARKS: The Annutteliga Hammock CARL Project is ranked number 3 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. The project contains 30,406 acres, of which 8,274 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 20,274.94 acres, or 67 percent of the project, will remain to be acquired. Pursuant to a multi-party agreement entered into between DSL and The Nature Conservancy, Inc. (TNC), TNC has acquired an option to purchase this 1,857.06-acre parcel from Robert L. Zinn and Gerald Rauch. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $60,697.50, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of option agreement further provides that in no event will the purchase price for the option and the purchase price of the property exceed the DSL-approved value of the property. Board of Trustees Agenda – February 27, 2001 Page Seven ************************************************** Item 6, cont. All mortgages and liens will be satisfied 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 and an environmental site assessment of the property will be provided by the purchaser prior to closing. The seller will reimburse 50 percent of the purchaser’s cost of the initial boundary survey, not to exceed $30,000. The Brooksville Ridge in west central Florida supports some of the last large tracts of longleaf pine sandhills in Florida, unique forests full of northern hardwood trees, and many archaeological sites. Public acquisition of the Annutteliga Hammock CARL project will conserve the remaining fragments of the forests between the Withlacoochee State Forest and the Chassahowitzka Wildlife Management Area, thereby protecting habitat for black bear and many sandhill-dwelling plants and animals, and giving the public a large area for recreation in the original landscape of this fast-growing region. The parcel will be managed by the Department of Agriculture and Consumer Services, Division of Forestry and the Florida Fish and Wildlife Conservation Commission as a part of the Withlacoochee State Forest. 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 1-62) RECOMMEND APPROVAL **************************************************** Item 7 DEP Division of State Lanes' Delegated Acquisition Procedures Implementation and Operational Efficiency Report/Chapter 259, F.S. DEFERRED FROM THE FEBRUARY 6, 2001 AGENDA REQUEST: Consideration of a status report on the operational efficiency and effectiveness of the chapter 259, F.S., acquisition program. APPLICANT: Department of Environmental Protection (DEP) LOCATION: Statewide STAFF REMARKS: At the June 22, 1999 Cabinet meeting, the Board of Trustees in an effort to expedite the acquisition process approved increased delegations of authority to DEP which are summarized as follows:
Board of Trustees Agenda – February 27, 2001 Page Eight **************************************************** Item 7, cont.
The Board of Trustees requested that DEP report back to them in the future with a status report on the implementation of these delegations and on the success of these strategies. When staff originally reported to the Board of Trustees in June 1999, the amount of time that a seller was in the process from appraisal to closing averaged 440 days. Today, the average time from appraisal to closing for a seller is 298 days. This indicates a reduction of 142 days or 32 percent. Additionally, the reduction of the number of appraisals and appraisal reviews has saved over $650,000 which can now be applied to the purchase of additional lands. While this improvement is substantial, it is staff’s position that there may be an opportunity for additional improvements using new strategies currently under development by DEP. Upon final formulation of the new strategies, it is staff’s intention to present them to the Board of Trustees for consideration in the spring of 2001. (See Attachment 7, Pages 1-6) RECOMMEND ACCEPTANCE ****************************************************
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