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AGENDA *************************************************** Item 1 BOT/Christian Church in Florida, Inc. Exchange Agreement REQUEST: Consideration of (1) a determination that a 0.5165-acre, more or less, parcel of Board of Trustees' land no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act; (2) a determination that the 0.5165-acre, more or less, parcel of Board of Trustees' land is no longer needed for conservation purposes; and (3) an exchange agreement under which the Board of Trustees would convey the 0.5165-acre, more or less, parcel of Board of Trustees' land to the Christian Church (Disciples of Christ) in Florida, Inc., (Church) in exchange for a 1.033-acre, more or less, parcel of land owned by the Church. COUNTY: Marion APPLICANT: Christian Church (Disciples of Christ) in Florida, Inc. LOCATION: Section 31, Township 14 South, Range 23 East; and Section 06, Township 15 South, Range 23 East CONSIDERATION:
Value for value [The Church will deposit $1,550 into the Preservation
2000 Trust Fund to compensate the Board of Trustees for the difference
in value.
STAFF REMARKS: The Office of Greenways and Trails (OGT) and the Church requested an exchange of 0.5165 acre of state-owned property for 1.033 acres of Church-owned property. The state-owned parcel is part of a 630-acre tract which was acquired on July 10, 1998, under the Preservation 2000 Program from Silver Run Properties, Inc., and is currently managed by OGT as part of the Marjorie Harris Carr Cross Florida Greenway. According to OGT, the state-owned parcel is approximately 50 feet by 450 feet and has been used as an athletic field for more than 40 years. On December 19, 2000, the Acquisition and Restoration Council (ARC) recommended surplusing the state-owned property to be exchanged with the Church. Stephen J. Albright, Sr., MAI, SRA, and State-Certified General Real Estate Appraiser, appraised the property on January 16, 2001. Mr. Albright estimated the market value of the 1.033-acre Church-owned parcel at $7,750 and the 0.5165-acre state-owned parcel at $9,300, indicating a difference in value of $1,550. If approved, this exchange will accomplish the following: · It will result in a net positive conservation benefit because the state will receive 0.5165 more acres of environmentally sensitive land, plus $1,550, in the proposed exchange. · According to OGT, the state will gain 1.033 acres of property that is more environmentally significant than the 0.5165 acres of state-owned land. · The 1.033 acres the state will receive in the exchange are in a natural condition, and possess lush vegetation with a dense canopy of loblolly pine, sabal palm, bay and magnolia trees, and border the floodplain area of the Silver River.
*************************************************** Item 1, cont. Authorization to exchange Board of Trustees-owned uplands requires meeting the directives outlined as follows: 1. Pursuant to section 253.42, F.S., the Board of Trustees may exchange lands held or owned by, or vested in, said board for other lands in the state owned by private individuals or corporations; and fix the terms and conditions of any such exchange, and select and agree upon the lands to be conveyed by said board; and the lands to be conveyed to said board in exchange therefore; and agree upon and pay or receive, as the case may in the judgment of said board require, any sum or sums of money deemed necessary by said board for the purposes of equalizing the values of such exchanged property, and make and enter into contracts or agreements for such purpose or purposes. 2. Pursuant to section 18-2.018(3)(b)7., F.A.C., every exchange of natural resource lands shall result in the Board of Trustees acquiring a minimum of twice the amount of acreage being conveyed out of state ownership. 3. Pursuant to section 253.034(6), F.S., and Article X, section 18 of the Florida Constitution, the land is no longer needed for conservation purposes and will result in a net positive conservation benefit. 4. Pursuant to section 253.115, F.S., property owners within 500 feet of the subject property as the owner's name and address appears on the latest county tax assessment roll must be noticed of this proposed exchange. The above requirements have been met as indicated below: ·
The transaction between the Board of Trustees and the Church meets the
requirements of section 253.42, F.S., because this will be a value-for-value
exchange. The value assigned the parcels currently owned by the Board
of Trustees is its appraised value of $9,300. The value assigned to the
parcel currently owned by the Church is its appraised value of $7,750.
At closing, the Church will pay the Board of Trustees $1,550, which is
the difference in value between the parcels being exchanged. · This transaction also complies with section 253.034(6), F.S., and Article X, section 18 of the Florida Constitution because on December 19, 2000, ARC declared this state-owned parcel of 0.5165 acres as no longer being needed for conservation purposes. The 1.033 acres the state will receive in the exchange is in a natural condition and borders the floodplain area of the Silver River. The state-owned property has been fenced, maintained and used by the Church as an athletic field with the permission of the previous owner. OGT considers the 1.033 acres of the Church property to be more environmentally significant than the 0.5165 acres of state-owned land. · The only property owners within 500 feet of the land proposed to be exchanged are the Church and the state. Therefore, no public notice is required. All mortgages and liens on the parcel to be received by the Board of Trustees will be satisfied Board of
Trustees *************************************************** Item 1, cont. at the time of closing. The Board of Trustees will reserve the oil, gas and mineral rights, if any, on the parcel it is conveying to the Church. The Church will not reserve the oil, gas and mineral rights, if any, on the parcel it is conveying to the Board of Trustees. 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. The Church will bear the costs of a title insurance policy, a survey, an appraisal and an environmental site assessment for the Church-owned parcel. In summary, the requested exchange: (1) is in compliance with the requirements of sections 253.42, F.S., 253.034(6), F.S. and Article X, section 18 of the Florida Constitution; (2) will result in the Board of Trustees acquiring twice the amount of acreage being conveyed pursuant to section 18-2.018(3)(b)7., F.A.C.; (3) will result in a net positive conservation benefit since the state will receive 0.5165 more acres of land and $1,550 in the proposed exchange; and (4) does not require public notice since the only property owners within 500 feet of the proposed land exchange are the Church and the state. DEP has determined that surplus land sales are not subject to the local government planning process. The acquisition of the Church parcel is consistent with section 187.201(10), F.S., the Natural Systems and Recreational Lands section of the State Comprehensive Plan. (See Attachment 1, Pages 1-23) RECOMMEND APPROVAL *************************************************** Item 2 TNC Assignment of Purchase Agreement (Mahr)/Apalachicola Bay CARL Project REQUEST: Consideration of the acceptance of an assignment of a purchase agreement to acquire 5.72 acres within the Apalachicola Bay CARL project from The Nature Conservancy, Inc. COUNTY: Franklin LOCATION: Section 29, Township 09 South, Range 06 West CONSIDERATION: $678,200 ($660,000 for the acquisition; $18,200 for the purchase of the agreement)
* The property
was acquired in October 1993. STAFF REMARKS:
The Apalachicola Bay CARL project was ranked number 15 on the CARL Priority
Project List approved by the Board of Trustees on September 12, 1991,
and *************************************************** Item 2, cont. project is funded under the Division of State Lands' (DSL) Land Acquisition Workplan as a 90 percent complete project, and is eligible for acquisition pursuant to section 259.032(8), F.S. This project contains 41,989 acres, of which 37,832.46 acres have been acquired or are under agreement to be acquired. After the Board of Trustees approves this agreement, 4,150.82 acres, or 10 percent of the project, will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into between DSL and The Nature Conservancy, Inc. (TNC), TNC has acquired a purchase agreement to purchase the parcel from Mahr Development Corporation and George J. Mahr. After this acquisition is approved, the Board of Trustees will acquire the purchase agreement from TNC for $18,200, which represents agreed upon compensation to TNC for overhead associated with acquiring the agreement. The assignment of purchase agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. The assignment of purchase agreement further provides that in no event will the purchase price for the purchase agreement and the purchase price of the property exceed the DSL-approved value of the property. 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. The seller has a longstanding relationship with the Boy Scouts of America (BSA). At the permission of the seller, BSA has responsibly utilized the site for various passive activities and events. As a condition to this transaction, DEP's Office of Coastal and Aquatic Managed Areas, the future managing agency, will enter into a special use permit with BSA which will grant a non-exclusive, revocable and limited license to BSA for a period of five years. The special use permit is Exhibit "B" within the agreement. 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 Apalachicola River and the bays at its mouth are some of the most significant natural areas in the southeast. The exceptionally productive Apalachicola Bay supports one of the largest sport and commercial fisheries in Florida -- producing up to 90 percent of Florida's oysters -- and it is the economic base of Franklin County. This proposed acquisition is one of the few remaining available upland properties adjacent to the Nick's Hole area, which is an embayment on the north side of St. George Island. This area is the most productive area per acre on the entire Apalachicola Bay, which is one of the most productive, if not the most productive, estuarine ecosystems in the northern hemisphere on the basis of productivity per acre. The Nick's Hole area is also the most susceptible area to pollution because of a shallow sill at its mouth that limits flushing, thus making it prone to the accumulation of pollutants. Public acquisition of the Apalachicola Bay project will help protect the water quality and biological resources of this sensitive area by conserving undeveloped bayfront land on St. George Sound. Acquisition of this parcel, which adjoins state-owned land, will further this effort by preventing development in this sensitive area.
*************************************************** Item 2, cont. This property will be managed by DEP's Office of Coastal and Aquatic Managed Areas as a part of the Apalachicola National Estuarine Research Reserve. 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 2, Pages 1-45) RECOMMEND APPROVAL *************************************************** Item 3 The Nature Conservancy Charitable Trust Assignment of Option Agreement/ Lake Wales Ridge Ecosystem (McJunkin Ranch) Florida Forever Project
COUNTY: Highlands LOCATION: Sections 01, 12 and 13, Township 38 South, Range 29 East CONSIDERATION:
$1,398,599 ($1,369,900 for the acquisition; $28,699 for the purchase of
the option agreement)
* Approved
value increased due to acreage increase from 682.7 acres to 721.9 acres. STAFF REMARKS: The Lake Wales Ridge Ecosystem (McJunkin Ranch) project is an "A" group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001. This project is divided into three ranking groups (Full Fee, Small Holdings and Less-Than-Fee), which together contain 43,089 acres, of which 22,587.89 acres have been acquired or are under agreement to be acquired by the Board of Trustees. After the Board of Trustees approves this agreement, 19,779.21 acres or 46 percent of the project will remain to be acquired. Pursuant to a multi-party acquisition agreement entered into with the Department of Environmental Protection's (DEP) Division of State Lands, The Nature Conservancy Charitable Trust (TNC) has acquired an option to purchase this 721.9-acre parcel from the J. M. McJunkin Family Limited Partnership and David Morgan McJunkin. After this acquisition is approved, the Board of Trustees will acquire the option from TNC for $28,699, which represents agreed upon compensation to TNC for overhead associated with acquiring the option. The Board of Trustees may then exercise the option and purchase the property. The assignment of option agreement provides that payment to TNC is contingent upon the Board of Trustees successfully acquiring the property from the owner. All mortgages
and liens will be satisfied at the time of closing. The outstanding oil,
gas and *************************************************** Item 3, cont. mineral lease will be extinguished prior to closing. On June 22, 1999, the Board of Trustees approved a staff recommendation to delegate to 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 will be provided by the purchaser prior to closing. A title insurance policy and an environmental site assessment will be provided by the seller. At closing, the purchaser will reimburse the seller's cost of the environmental site assessment, up to $6,000, and the seller's cost of the title insurance policy. 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 Florida Forever 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 Florida Fish and Wildlife Conservation Commission is the listed manager for the Lake Wales Ridge Ecosystem/McJunkin site. It is expected that the existing management lease with the Board of Trustees will be amended to include the McJunkin tract. Archbold Biological Station may be a cooperative managing partner for this site. 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- 33) RECOMMEND APPROVAL
Item 4 City of Jacksonville Option Agreement/Managing Agency Designation/ Management Policy Statement Confirmation/Northeast Florida Blueways Florida Forever Project REQUEST: Consideration of (1) an option agreement to acquire property within the Northeast Florida Blueways Florida Forever project from the City of Jacksonville; (2) designation of the City of Jacksonville as managing agency; and (3) confirmation of the management policy statement. COUNTY: Duval LOCATION:
Sections 01, 37 and 38, Township 02 South, Range 28 East; Sections 07,
18, 19, 29 through 32, 38 and 41, Township 02 South, Range 29 East; Sections
05 through 08 and 38, Township 03 South, Range 29 East Board of
Trustees *************************************************** Item 4, cont. STAFF REMARKS: The Northeast Florida Blueways project is an "A" group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001. The project contains 7,000 acres, of which these will be the first to be acquired. To facilitate the acquisition of this project, the City of Jacksonville (City) has taken the lead in the acquisition of certain parcels, indicated in the option agreement, with the Board of Trustees as a funding partner. The City and the Division of State Lands (DSL) are currently in the process of acquiring appraisal mapping and appraisals. The City shall assure that all appraisals prepared comply with the procedures and requirements set forth in section 259.041(7), F.S., rule 18-1.006, F.A.C., and the DSL Bureau of Appraisal's Supplemental Appraisal Standards. The Board of Trustees will reimburse the City an amount equal to 45 percent of the City's purchase price, or 45 percent of the DSL's approved value, whichever is less, for those certain parcels. After consultation with DSL, the City may acquire fee simple title in the subject properties or a conservation easement. The decision to acquire fee simple title or a conservation easement will be based upon program objectives and the best protection of the Board of Trustees' interests. The City will convey 100 percent of the interest acquired to the Board of Trustees. Acquisition costs will be split by the City (55 percent) and the Board of Trustees (45 percent). Due to time constraints, the contract was submitted with the City responsible for 100 percent of the closing costs. Because the project is on the "A" list, an amendment to the contract is being prepared to reflect that the Board of Trustees will share the closing costs with the City. On October 23, 2001, the Council of the City of Jacksonville (Council) met and agreed to enter into the option agreement. Based on the Council's October 23, 2001 approval, it is expected that the agreement will be executed by the City after the Council's November 27, 2001 meeting. Execution of the agreement is contingent upon the Council's approval. 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 assessment, and a survey will be provided by the City prior to closing. Pursuant to section 259.032(9)(e), F.S., staff recommends that the Board of Trustees designate the City as the managing agency for this site. The City will be responsible for developing and implementing the management plans for the Northeast Florida Blueways project. Section 259.032(9)(e), F.S., requires that the Board of Trustees concurrent with its approval of the initial acquisition agreement within a project, "evaluate and amend, as appropriate, the management policy statement for the project as provided by section 259.035, F.S., consistent with the purposes for which the lands are acquired." The management policy statement for this project was included in the 2001 Florida Forever Annual Report adopted by the Board of Trustees on May 15, 2001. Staff recommends that the Board of Trustees confirm the management policy statement as written: To conserve
and protect environmentally unique and irreplaceable lands that contain
native, relatively unaltered flora and fauna representing a natural area
unique to, or scarce within, a region of the state or a larger geographic
area. *************************************************** Item 4, cont. To conserve and protect significant habitat for native species or endangered and threatened species. To conserve, protect, manage, or restore important ecosystems, landscapes, and forests, in order to enhance or protect significant surface water, coastal, recreational, timber, fish or wildlife resources. Finally, to preserve significant archaeological or historical sites. Estuarine Tidal Marsh covers nearly two-thirds of the project area. This extensive natural community appears to be of high quality. The salt marsh, with its numerous small creeks, is very important as a nursery for aquatic species and as prime feeding and nesting areas for a variety of avifauna, some of them rare and endangered. Although the remaining marsh is generally in good condition, development and non-point source pollution threaten its health. Maritime hammocks are important resting and feeding areas for migrating songbirds. The Pablo Creek marshlands are important habitat for many other rare species, most notably wood stork, and possibly Worthington's marsh wren and MacGillivray's seaside sparrow. 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 1-18) RECOMMEND APPROVAL SUBJECT TO APPROVAL BY THE COUNCIL OF THE CITY OF JACKSONVILLE
Item 5 City of Jacksonville Option Agreement/Pumpkin Hill Creek Florida Forever Project REQUEST: Consideration of an option agreement to acquire property within the Pumpkin Hill Creek Florida Forever project from the City of Jacksonville. COUNTY: Duval LOCATION:
Sections 03, 04, 09, 10, 15, 16, 22, 25, 27, 38 and 43, Township 01 North,
Range 27 East; Sections 16, 19, 21, 22, 27, 30, 31, 32, 35 and 42, Township
01 North, 28 East; Sections 02, 04, 05, and 06, Township 01 South, Range
28 East STAFF REMARKS: The Pumpkin Hill Creek project is a "B" group project on the Florida Forever Full Fee Project List approved by the Board of Trustees on May 15, 2001; and, as a partner acquisition, is eligible for negotiation. The project contains 31,927 acres, of which 3,806 have been acquired or are under agreement to be acquired. To facilitate the acquisition of this project, the City of Jacksonville (City) has taken the lead in the acquisition of certain parcels, indicated in the option agreement, with the Board of Trustees as a funding partner. The City and the Division of State Lands (DSL) are currently in the process of acquiring appraisal mapping and appraisals. The City shall assure that all appraisals *************************************************** Item 5, cont. prepared comply with the procedures and requirements set forth in section 259.041(7), F.S., rule 18-1.006, F.A.C., and the DSL Bureau of Appraisal's Supplemental Appraisal Standards. The Board of Trustees will reimburse the City an amount equal to 45 percent of the City's purchase price, or 45 percent of the DSL's approved value, whichever is less, for those certain parcels. After consultation with DSL, the City may acquire fee simple title in the subject properties or a conservation easement. The decision to acquire fee simple title or a conservation easement will be based upon program objectives and the best protection of the Board of Trustees' interests. The City will convey 100 percent of the interest acquired to the Board of Trustees. Acquisition and closing costs will be paid by the City except for the appraisal mapping which will be split by the City (55 percent) and the Board of Trustees (45 percent). On October 23, 2001, the Council of the City of Jacksonville met and agreed to enter into the option agreement. Based on the Council's October 23, 2001 approval, it is expected that the agreement will be executed by the City after the Council's November 27, 2001 meeting. Execution of the agreement is contingent upon the Council's approval. 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 assessment, and a survey will be provided by the City prior to closing. The growth of the City of Jacksonville and its outlying developed areas has inevitably reduced the natural lands in Duval County to a fraction of their original extent. The Pumpkin Hill Creek project will protect one of the larger natural uplands left in the county, helping to maintain the water quality of the Nassau and St. Johns Rivers and their fringing marshes - the foundation of an important fishery - protecting wading bird rookeries, and giving the public in this urban area opportunities to fish, hunt, hike, and canoe. The Pumpkin Hill Creek project will protect upland buffer to the Nassau River - St. Johns River Marshes Aquatic Preserve, an Outstanding Florida Water that supports a significant commercial and recreational fishery. Besides sandhill, large areas of scrubby flatwoods of diverse quality, wet flatwoods, and salt marsh, the project contains nearly pristine maritime hammock. It provides habitat for several rare species and contains two colonial wading bird rookeries, one of which is used by the federally endangered wood stork. Manatees frequent both the St. Johns and Nassau Rivers and move into tidal creeks, such as Hill Creek and Clapboard Creek, adjacent to the project. The property will be managed by DEP's Office of Coastal and Aquatic Managed Areas. 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- 13) RECOMMEND
APPROVAL SUBJECT TO APPROVAL BY THE COUNCIL OF THE CITY OF JACKSONVILLE *************************************************** Item 6 Eminent Domain Authorization/Delegation of Authority/Save Our Everglades (Phases IX-A, IX, X, & XI) CARL Project REQUEST: Consideration of a request to (1) direct the Department of Environmental Protection to acquire fee simple title to all remaining land within the portion of the Save Our Everglades Florida Forever project (Phases IX-A, IX, X and XI) lying south of I-75 on which two bona fide offers have been made by the exercise of the power of eminent domain pursuant to the provisions of chapters 259, 73 and 74, F.S.; and (2) delegate authority to the Secretary of the Department of Environmental Protection to accomplish the acquisition as described herein through negotiation or condemnation, including authority to prepare and execute all necessary parcel-specific condemnation resolutions. COUNTY: Collier STAFF REMARKS: The Save Our Everglades project is an "A" group project on the Florida Forever Small Parcel Project List approved by the Board of Trustees on May 15, 2001. That portion of the project lying south of I-75, commonly referred to as Golden Gate Estates South, contains 55,566.2 acres, of which 49,585.78 acres have been acquired or are under agreement to be acquired, leaving 5,980.42 acres, or 11 percent, remaining to be acquired. The Golden Gate Estates South portion of this project includes the Southern Golden Gate Estates subdivision and surrounding acreage tracts bordered by I-75 to the north, US-41 to the south and the Fakahatchee Strand and Belle Meade Florida Forever projects to the east and west, respectively. On January 23, 2001, the Board of Trustees recognized that (1) property within the Save Our Everglades Florida Forever project lying south of I-75 is of special importance to the state; (2) the acquisition of the land is necessary to protect hydrological connections among Big Cypress National Preserve, Fakahatchee Strand State Preserve, and Everglades National Park, and to protect and restore the Everglades, which is an endangered natural resource of unique value to the state; and (3) the failure to acquire this property will result in irreparable loss to the state and seriously impair the state's ability to manage or protect other state-owned lands. DEP has been directed to proceed with the acquisition of the parcels in Phases IX-A, IX, X and XI. Public acquisition is essential to continue the conservation, preservation and restoration of this endangered portion of the western Everglades ecosystem that is a vital component of the Comprehensive Everglades Restoration Plan (CERP). Conserving this land is critical to the ecosystem in the western Everglades, its wildlife and the water quality throughout the area. In 1996, the hydrological restoration plan was identified as a "Critical Project" under the Federal Water Resources Development Act making it eligible for federal funds. The project was subsequently added to CERP. The Southern Golden Gate restoration project is scheduled to go to Congress for full authorization as part of the Water Resources Development Act of 2002. The acquisition will allow the restoration of significant wetlands crucial to the reestablishment of the historic water flow pattern in the western Everglades. Nearly half of this region's water flows into Everglades National Park. Purchasing this portion of the Save Our Everglades Florida Forever project will also help preserve and restore the fresh water flow necessary for maintaining the rich productivity of Gulf Coast estuaries, such as Rookery Bay and the Ten Thousand Islands. Moreover, the timely implementation of the hydrological restoration plan will restore important habitat for numerous endangered and threatened species, including the Florida panther, one of the world's most endangered mammals. Public acquisition
of this portion of the Save Our Everglades Florida Forever project will
preserve a large piece of South Florida's unique ecosystem. Ultimately,
this will contribute to *************************************************** Item 6, cont. the formation of a continuous public conservation corridor extending across South Florida from the Gulf Coast to approximately ten miles from the Atlantic Ocean. It will help protect the western Everglades ecosystem from encroachment of residential, commercial and industrial development. In 1999, the Big Cypress Basin Board advised DEP that the hydrologic restoration was scheduled to commence as early as October 2002, and 100 percent public ownership would be required. After multiple rounds of appraisals and offers over the last fifteen years, nearly 4,000 parcels in Southern Golden Gate Estates and the surrounding area still remain to be acquired. Due to the relatively large number of remaining parcels, a plan was developed to increase the percentage of parcels acquired by voluntary means while assuring that all lands are acquired by October 2002. The first step in the plan was to seek authority from the Board of Trustees to offer amounts in excess of the appraised value in an effort to acquire as much property as possible without having to resort to the use of eminent domain. On July 11, 2000, the Board of Trustees authorized the Director of DSL, or her designee, to extend bona fide offers and approve any contract for the sale and purchase of land at $5,000 over or up to 125 percent of the appraised value, whichever is greater, when the purchase price per parcel does not exceed $50,000, and at up to 125 percent of the appraised value when the purchase price per parcel exceeds $50,000. To assure a constant flow of parcels to the Office of the Attorney General, a plan was developed to process the parcels in multiple phases. To date, parcels within Phases I, II, III and IV that cannot be acquired voluntarily are being processed through the court system of Collier County. Current projections are that it may take nearly two years to complete the process as currently proposed. On the advice of the Office of the Attorney General, appraisals were updated to assure that offers would satisfy the bona fide offer requirement and second bona fide offers were tendered as follows:
The initial mailing and follow-up negotiations with the owners within each phase resulted in the successful negotiation and approval of contracts as listed below:
Negotiations for the acquisition of the remaining parcels in Phases IX-A, IX, X and XI have reached an impasse; however, the bona fide offer requirement of section 259.041(14), F.S., has been satisfied. In the event one or more of the parcels placed under contract cannot close for any reason, the authority requested today covers all 974 parcels in Phases IX-A, IX, X and XI. Parcels under contract will be held by DSL and only parcels that have reached impasse or parcels that cannot be closed by voluntary means will be turned over to the Office of the Attorney General.
*************************************************** Item 6, cont. Section 259.041(14), F.S., authorizes the Board of Trustees, by majority vote of all of its members, to direct DEP to exercise its power of eminent domain pursuant to the provisions of chapters 73 and 74, F.S. Eminent domain may be used to acquire any of the property on the Florida Forever "A" group project list if (1) the state has made at least two bona fide offers to purchase the land through negotiation and an impasse between the state and the land owner has been reached; and (2) the land is of special importance to the state because (a) it involves an endangered or natural resource and is in imminent danger of being developed; (b) it is of unique value to the state and failure to acquire the property would constitute an irreparable loss to the state; or (c) the failure to acquire the property would seriously impair the state's ability to manage or protect other state-owned lands. The parcels included in Phases IX-A, IX, X and XI of the Save Our Everglades Florida Forever project lying south of I-75 meet these criteria: (1) the state has made at least two bona fide offers and has been unable to acquire these parcels through negotiation; and (2) in section 373.4592(1), F.S., the legislature has recognized that the Everglades ecological system is unique in the world and one of Florida's great treasures. They also recognize that the CERP is important for restoring the Everglades ecosystem and sustaining the environment, economy, and social well being of South Florida. The Everglades ecological system is endangered as a result of adverse changes in water quality, and in the quantity, distribution, and timing of flows and, therefore, must be restored and protected. The hydrological restoration of these lands is an essential component of the CERP. Pursuant to the Board of Trustees' eminent domain policy, DSL has mailed proper notice to all owners of record in Phases IX-A, IX, X and XI at least 45 days preceding this Board of Trustees' meeting. In accordance with the eminent domain policy, the notice advised the owners that homesteaded property was exempt from eminent domain without the owner's written permission. As of November 8, 2001 at 5:00 p.m., only 44 responses to the written notice had been received. While 5 of the owners representing 5 parcels objected to the use of eminent domain, they only represent 1 percent of the remaining ownerships in Phases IX-A, IX, X and XI. Additionally, none of the respondents claimed the property involved to be their homestead. Based on research of tax records by staff, there does not appear to be any homesteaded property within Phases IX-A, IX, X and XI. If it is later determined that there is any homesteaded property and the owner has not given written consent, that parcel will be excluded from the eminent domain process unless the Board of Trustees waives its policy on homestead property. If the Board of Trustees approves this item, DSL intends to amend its existing contract with the Office of the Attorney General to handle the condemnation of these parcels. Once second bona fide offers are tendered on additional groups of parcels, staff will return to the Board of Trustees periodically to seek authority to pursue those parcels that have reached impasse or parcels that cannot be closed by voluntary means. It is anticipated that there may be two more such groups or phases. The property will be managed by the Department of Agriculture and Consumer Services, Division of Forestry as an addition to Picayune State Forest. The South Florida Water Management District will coordinate the implementation of the hydrologic restoration project. 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 6, Pages 1-19) RECOMMEND APPROVAL
*************************************************** Item 7 Sebastian Inlet Marina and Trading Company/Oyster Pointe Resort Recommended Consolidated Intent DEFERRED
FROM THE OCTOBER 30, 2001 AGENDA COUNTY:
Indian River APPLICANTS: Sebastian Inlet Marina and Trading Company and Oyster Pointe Resort LOCATION:
Section 31, Township 30 South, Range 39 East, in the Indian River, Class
II Shellfish Harvesting Waters, within the local jurisdiction of the city
of Sebastian CONSIDERATION: $7,377.26, representing the initial lease fee computed at the base rate of $0.1216 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 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 chapters 253 and 258, 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, 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 requesting authorization to expand an existing 56?slip commercial marina
presently used in conjunction with an upland marina office, restaurant
and hotel. Expansion of the marina's preempted area is to be accomplished
by adding 16 new wet slips. In addition, pursuant to the new policy of
numbering all slips, 13 temporary and permanent mooring areas are now
counted as slips. The existing and additional wet slips will create a
docking facility with a total of 85 wet slips. Vessels currently mooring
at the facility include recreational and commercial fishing boats, and
personal watercraft (jet skis). Vessels currently moored along the southside
of the southern dock are limited to 15- to 20-foot vessels with 14- to
18-inch drafts. The existing southern dock (location of the proposed expansion)
is within the 25-foot setback area of the lessee's southern riparian line.
However, this dock was constructed prior to the adoption of section 18-21.004(3)(d),
F.A.C., that prohibits construction of any *************************************************** Item 7, cont. structures within 25 feet of the applicant's riparian line, unless the adjacent property owner has consented. The proposed expansion will encroach into the riparian area of the adjacent property owner. The president of the adjoining time-share property has consented to this encroachment and has agreed to be a co-applicant to validate the proposed expansion. At least 90 percent of the proposed and existing slips will continue to be open to the public on a first-come, first-served basis, in order to qualify for the ten-year lease and the 30 percent discount of the lease fee. This has been addressed as a special lease condition. On September 6, 1978, the Board of Trustees authorized the original facility consisting of two docks with 18 wet slips and 90 dry slips. The lease area was for 42,905 square feet. The lessee requested a modification to the original lease to expand the facility by extending the two existing docks to accommodate 18 additional slips and maintenance dredging the original marina basin. The Board of Trustees approved the northern dock extension and associated dredging on June 26, 1990, and approved the southern dock extension on August 14, 1990, for a total preempted area of 70,557 square feet. The project site has historically been the site of a marina with wet slips and dry storage slips, a boat ramp and a dredged channel to the Intracoastal Waterway. The marina was expanded in the 1960's, 70's and 90's. The lessee purchased the property in 1986. Dry storage slips and a boat ramp located on the lessee's property were removed and a motel was constructed in 2000. On September 15, 1992, the Board of Trustees authorized a lease modification and authorized an expansion which included the following: a) Expansion
from 36 to 56 wet slips; One of the items requested to meet the public interest test in 1992 was a conservation easement to the Board of Trustees for 243 linear feet of shoreline into the property 10 feet. By its terms, the conservation easement provided for amendment, "This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto." (This has been addressed as a special approval condition). The current
proposal includes expanding the preempted area nine feet on the south
side of the south dock. The modification to the marina will change the
configuration of the mooring on the southside of the south dock from 8
vessels on davits, parallel to the dock, to wet slip mooring of vessels
perpendicular to the dock. Twelve finger piers (15 feet in length by 2
feet in width) are proposed on the southeastern side of the south dock
to accommodate 24 vessels. The proposed modification and reconfiguration
of the marina will increase the number of slips to a total of 85 wet slips.
The slips include the jet skis on the southside of the south dock and
four slips, for temporary mooring, on the north side of the south dock
to be used in association with the fuel dock and restaurant on the uplands.
No changes will be made to the north dock or the shoreline. The current
preempted area of 84,887 square feet will be reduced to 83,713 square
feet. This is due to staff's request to remove the preempted area located
between the jet *************************************************** Item 7, cont. skis and proposed slip number 48 on the southside of the south dock that will not be used for the mooring of vessels. This area is dominated with shallow water depths and seagrasses where mooring would be prohibited. In addition, due to the presence of resources and shallow water depths, fueling will be located on the northside of the south dock. No fueling or mooring of vessels, except in the designated areas, will be authorized on the southside of the south dock. The project is consistent with section 18-20.004(5)(d)4 and 5, F.A.C, which states docking facilities shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas and expansion of existing facilities shall take precedence over approval of new facilities. In addition, there is an existing boat basin and dredged channel extending out to the Intracoastal Waterway (approximately 2,200 feet to the east) thus, the expansion will not have a significant adverse impact to natural resources in the area. Also, the site is opposite Sebastian Inlet, thereby receiving benefits of excellent natural flushing and tidal action. The proposed project is located in an aquatic preserve, and therefore, must be in the public interest, pursuant to section 258.42, F.S. DEP staff is of the opinion that the proposed expansion is in the public interest in light of the lessee's offer to: (1) adopt an additional spoil island for cleanup for a total of three spoil islands in the Indian River Aquatic Preserve. The spoil island cleanup shall take place at least quarterly for the life of the facility; (2) enhance 72 linear feet of shoreline located immediately north of the subject lease area with native vegetation; (3) enhance 100 additional linear feet of shoreline by 10-15 feet in width in conjunction with the St. John's River Water Management District permit. This 100 feet of shoreline is located immediately north of the subject site along the Indian River Aquatic Preserve; and (4) execute a 100-foot-long by 10-foot-wide proprietary conservation easement along the lessee's riparian shoreline located immediately north of the project site. The proposed expansion will encroach into the riparian area of the adjacent property owner. The adjacent property owner has agreed to be a co-applicant. DEP's environmental resource permit requires sewage pumpout facilities, prohibits liveaboards, and authorizes fueling facilities (fueling currently exist). The recommendations of the Florida Fish and Wildlife Conservation Commission, regarding protection of manatees, have been addressed in the permit. Protection of seagrasses has also been addressed in the permit. The project was not required to be noticed. 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 Sebastian dated November 20, 2000. RECOMMEND DEFERRAL *************************************************** Item 8 Landfall Maritime Association Recommended Consolidated Intent REQUEST: Consideration of an application for (1) a modification of a five-year sovereignty submerged lands lease to increase the preempted area from 76,296 square feet to 86,418 square feet, more or less, for the proposed expansion of a vessel turning fairway in conjunction with an existing private yacht club; and (2) authorization for the severance of 167 cubic yards of sovereignty material. Board of
Trustees *************************************************** Item 8, cont. COUNTY: Escambia
APPLICANT:
Landfall Maritime Association CONSIDERATION: $11,191.89, representing (1) $10,816.14 as the initial lease fee computed at the base rate of $0.1216 per square foot, and including the initial 25 percent surcharge payment for the additional area; and (2) $375.75 for the severance of sovereignty material computed at the rate of $2.25 per cubic yard pursuant to section 18-21.011(3)(a)(2), F.A.C. 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 sections 373.427(2) and 253.77(2), F.S., this "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 received its first sovereignty submerged lands lease for the existing yacht club in 1989, and it is now proposing to expand the existing lease area by 10,122 square feet. The expansion will encompass an existing turning area, or turning fairway, that accommodates private recreational vessels ranging in size up to 40 to 50 feet in length. Vessels at the facility require a turning fairway of about one and one-half times their length in order to maneuver in and out of the slips. This proposed lease area expansion is greater than ten percent of the existing preempted area, and it will encompass the entire turning fairway. The yacht club currently has 57 slips, and no additional slips or other structures are proposed. The lessee
is also proposing to dredge 167 cubic yards of sovereignty material in
the proposed expansion area to eliminate a high spot in the fairway. The
dredging is proposed because boat propellers often hit the high spot and
frequently cause suspension of sand that in turn is blown towards environmentally
important seagrass beds. The area proposed for dredging will be 150 feet
in length, 20 feet in width and result in a consistent depth of -5 feet
mean low water at the most landward extent of the lease boundary. Section
18-21.004(2)(g), F.A.C., states that, "severance of materials from
sovereignty lands shall be approved only if the proposed dredging is the
minimum amount necessary to accomplish the stated purpose and is designed
to minimize the need for maintenance dredging." Staff agrees that
the proposed dredging is the minimum that is needed to achieve a consistent
depth, and based on historical evidence, maintenance dredging in the future
is unlikely to be required. The spoil will be disposed of on an upland
disposal site. *************************************************** Item 8, cont. The existing upland facility is characterized as a single-family subdivision that is located adjacent to the yacht club marina. The yacht club has two types of membership; one for homeowners who do not plan to use the marina (associate member) and another type for yacht club members who do plan to use the marina (equity members). Different fees are charged for the two types of membership. The yacht club is not ownership-oriented as the equity members are not required to own an upland parcel to be a member of the yacht club. The project had traditionally been considered to be a public yacht club and was considered to be "open to the public". However, as the slips are not rented to the general public, and as a slip holder must be a member of the yacht club, the project does not qualify for the 30 percent discount of the lease fees. The facility is located in Big Lagoon, in an area of good flushing with water depths ranging from -3 feet mean low water to -7 feet mean low water. Submerged aquatic vegetation is present in adjacent areas outside of the proposed lease boundary, but no vegetation is present in the proposed dredge area. Currently, a special lease condition requires the lessee to protect adjacent grass beds. The lessee met this requirement by placing pilings along the then existing waterward extent of the grass beds. As required in the proposed wetland resource permit, these existing pilings shall remain in place and new pilings shall be placed at the current waterward extent of the grassbeds. A site inspection on November 2, 2000, indicated that the applicant is in compliance with the terms of the existing lease and the lease fees are current. DEP's wetland resource permit prohibits liveaboards and fueling facilities. Portable sewage pumpouts, as previously authorized, are permitted. According to an August 31, 2000 letter from the Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management, the proposed project will not significantly affect the endangered manatee so long as the applicant follows the standard manatee construction conditions for all in-water construction. This has been included as a specific condition in the wetland resource permit. Escambia County is not one of the thirteen designated counties earmarked by the Board of Trustees in 1989 to develop a manatee protection plan. This lease modification is not required by section 253.115, F.S., to be noticed. 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 according to a letter received from Escambia County. (See Attachment 8, Pages 1-19) RECOMMEND APPROVAL SUBJECT TO THE PAYMENT OF $11,191.89 *************************************************** Item 9 Santa Rosa County Board of County Commissioners Recommended Consolidated Intent REQUEST: Consideration of an application for (1) a 20-year public easement for a riprap groin containing 4,500 square feet, more or less; (2) authorization for a access channel containing 128,194 square feet (2.9 acres), more or less; (3) authorization for the severance of 9,035 cubic yards of sovereignty material; and (4) authorization for the removal of the existing weir. Board of
Trustees *************************************************** Item 9, cont. COUNTY: Santa
Rosa APPLICANT:
Santa Rosa County Board of County Commissioners CONSIDERATION: (1) $11,293.75 for the severance of 9,035 cubic yards sovereignty submerged lands computed at the rate of $1.25 per cubic yard pursuant to section 18-21.011(3)(a) 3, F.A.C. and, (2) no payment at this time for the public easement. However, upon the adoption of any rule establishing fees for public utilities, payment shall be assessed from the effective date of said rule. STAFF REMARKS: In accordance with rules adopted pursuant to sections 373.427(2) and 253.77(2), F.S., this "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 applicant is proposing to construct a 150-foot-long by 30-foot-wide riprap groin containing 4,500 square feet, dredge 9,035 cubic yards of sovereignty material from a 1,892-foot-long by 50-foot-wide channel containing 128,194 square feet (2.9 acres), and remove the existing weir. Polynesian Isles is a development of approximately 450 units on a labyrinthine canal system on the south shore of East Bay, Santa Rosa County, Florida. The canal system was excavated during the late 1960s and early 1970s. Regulatory controversy surrounded the project resulting in the construction of a berm isolating the canal system from the waters of East Bay. By 1986, the berm had deteriorated and the developer, Mr. Thomas Barba, and the Polynesian Isles Homeowners Association (PIHA) entered into a consent order with the former Department of Environmental Regulation. The consent order, OGC File No. 87-0655, was signed on February 1, 1988. Among other things, the consent order provided for the construction of a "structurally sound navigational weir" with an opening "no wider than 20 feet and no deeper than two feet below mean low water." The consent order also provided for the enactment of Santa Rosa County environmental ordinances restricting development along the canal system and for the construction of a stormwater drainage control system. On January
5, 1993, the PIHA applied to DEP for permits to widen and increase the
depth of the navigational weir and to extend the existing 200-foot access
channel. Both parties struggled with the permit application process until
March 15, 2000 when DEP entered a consolidated notice of denial. The significant
issues associated with the permit denial included the lack of reasonable
assurance that water quality within the canal system would meet state
standards. Of particular concern was the runoff associated from stormwater
in the *************************************************** Item 9, cont. development and the cumulative impacts of septic tanks on adjacent waters. Additional concerns included the excessive depth of some of the canals as well as the removal of the weir structure which would allow for the exchange of pollutants from the canal system into East Bay. On March 24, 2000, the PIHA filed a request for relief under the provisions of the Florida Land Use and Environmental Dispute Resolution Act (section 70.51, F.S.). On May 22, 2000, a hearing was held in Gulf Breeze, Florida, pursuant to Subsection 70.51(15), F.S., to address the issues in this matter. PIHA was seeking the necessary approvals from DEP to allow for navigational improvements within and adjacent to the existing weir. The hearing concluded when the two parties signed a 16-part agreement providing for environmental and navigational enhancements and when Santa Rosa County agreed to enter into a Municipal Services Benefit Agreement (MSBU). A copy of the settlement agreement is attached. The settlement agreement issues are as follows: 1. The PIHA
must obtain environmental and proprietary approvals from the state of
Florida; The improvements to the canal system which were negotiated as part of the settlement agreement include: 1. Replacing
the septic tanks with sanitary sewer; The project has been determined to be not contrary to the public interest and will in fact show a net environmental benefit to the overall system. Generally, DEP does not recommend removal of barriers from existing dead-end canal systems; however, this weir is not a complete barrier to the flow of water into and out of the canal system. The weir allows for approximately a two-foot depth of water flow over the weir, which allows the less desirable water in the canals to remain within the canal system. The weir system is unique to other canal systems within the state and, as a result, the removal of this weir is not precedent setting. These factors lead staff to the conclusion that this project will show an increased environmental benefit due to the factors previously mentioned. The environment of East Bay and the Polynesian Isles canal system have the potential to be improved as a result of the implementation of the terms of this settlement and these actions. DEP's draft wetland resource permit is attached. The easement has been noticed as required by section 253.115, F.S. No objections were received. (See Attachment 9, Pages 1-38) RECOMMEND APPROVAL Board of
Trustees *************************************************** Item 10 City of Miami/Swire Properties, Inc./Brickell Key Marina Lease REQUEST: Consideration of an application for a five?year sovereignty submerged lands lease containing 49,100 square feet, more or less, for a proposed commercial multi-use marina. COUNTY: Miami-Dade APPLICANTS:
City of Miami and Swire Properties, Inc. 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 Although the City technically owns approximately 1,694 linear feet of shoreline on Brickell Key immediately landward of the proposed marina, Department of Environmental Protection (DEP) staff still have concerns over the language in the declaration of covenant between the City and Swire. This is a critical component in defining this as a public project. The proposal has been modified to consist of 7 courtesy/transient power boat slips, 20 multi-family residential power boat slips, and 35 sailboat slips which would be available on a first-come, first-served basis. In addition, there would be 6 power boat slips dedicated to the exclusive use of the City of Miami's Marine Patrol Unit. The total lease area proposed is 49,100 square feet. The new proposal is still inconsistent with the Biscayne Bay Aquatic Preserve Rule (18-18, F.A.C.). The language in the Biscayne Bay Aquatic Preserve Rule is unique from all other aquatic preserves. It is far more stringent in its requirements for uses. All commercial/industrial docks must demonstrate extreme hardship and be in the public interest. Extreme hardship is defined in section 18-18.004(11), F.A.C., as "…a significant burden, unique to the applicant and not shared by property owners in the area... This may be inherent in public projects which are shown to be a public necessity." To address public necessity, the applicants have stated that the placement of the Miami Marine Patrol facility on the northern end of the island will provide permanent and visible headquarters and increase on-water patrols. In addition, the City stated the project will contribute to its downtown revitalization plan. To address
public interest, the applicants have also committed to fund a minimum
of $50,000 per year, for ten years, to forge public/private partnerships
with various agencies and groups to implement manatee education and awareness
activities as recommended in the Miami-Dade County Manatee Protection
Plan (MPP). They will also place manatee protection informational kiosks
around the property and educational material which shall include, at a
*************************************************** Item 10, cont. minimum, the "Manatee Basics for Boaters" and the "West Indian Manatee Fact Sheet." Staff is of the opinion that the applicant still faces the challenges set forth in the Biscayne Bay Aquatic Preserve rule and can not adequately address these issues. Based on historical interpretation of the rule this project is not consistent with extreme hardship or public interest. In addition, the residential and public sailboat slips do not qualify as a public necessity, which is defined in section 18-18.004(22), F.A.C., as "…works or improvements required for the protection of the health and safety of the public, consistent with the Act and these rules, for which no other reasonable alternative exists." In order to be consistent with the Manatee Protection Plan, the project proposal was modified to include multi-family residential slips, as opposed to first-come, first-served public slips. Accordingly, the Florida Fish and Wildlife Conservation Commission has reviewed the proposal again (letter of October 15, 2001). The new proposal is consistent with the MPP, if the proposal adheres to the linear feet of shoreline limitations described in the Plan, as well as specific conditions listed in the letter, which would be included in any DEP authorization. Miami-Dade County, Division of Environmental Resources Management (DERM), does not have an active application in-house. They stated in a letter dated November 7, 2001 that if the applicants own 5,551 linear feet of shoreline, then the proposal contained in this modification would be "conceptually" consistent with the MPP guidelines with regard to the numbers and types of boats. Even with this endorsement, the project is not consistent with the Aquatic Preserve Rule for the reasons stated above. In addition, there are still several objectors to this project, including Save the Manatee Club, Friends of the Everglades, and Florida Audubon. For a more descriptive review of the legal aspects of the project, please refer to the attached minutes of March 13, 2001 for Item 2. The applicants filed a petition against DEP on April 6, 2001 after the Board of Trustees denied the project. Save the Manatee Club filed to intervene and an Administrative Law Judge on August 27, 2001 issued an order which granted them intervention. The Administrative Hearing is set for March 4 and 5, 2002. (See Attachment 10, Pages 1-16) RECOMMEND DENIAL *************************************************** Item 11 City of Jacksonville Recommended Consolidated Intent REQUEST: Consideration of an application for (1) a five?year sovereignty submerged lands lease containing 11,600 square feet, more or less, for a public boat ramp and accessory docks; (2) a 22,651 square foot, more or less, public easement for a dredged access channel to the boat ramp; and (3) authorization for the severance of 1,880 cubic yards of sovereignty material. COUNTY: Duval
*************************************************** Item 11, cont. APPLICANT:
City of Jacksonville (COJ) LOCATION:
Section 29, Township 03 South, Range 27 East, in Goodbys Creek, Class
III Waters, within the local jurisdiction of the city of Jacksonville CONSIDERATION: $4,230.00, representing payment for the severance of sovereignty material computed at the rate of $2.25 per cubic yard pursuant to section 18-21.011(3)(a)2, F.A.C. The project qualifies for a waiver of the lease fees pursuant to section 18-21.011(1)(b)7, F.A.C. No fees are required for public easements at this time. 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 activities, 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." COJ proposes to construct a public boat ramp facility with accessory docks, dredge an access channel and construct an upland parking area with 42 trailer spaces and 8 non-trailer spaces. A stormwater treatment system will be constructed for the upland parking lot and will also provide compensatory treatment for the boat ramp surface. The boat ramp will have three launching lanes and will be constructed on Goodbys Creek. Two floating accessory docks will be constructed parallel to the existing shoreline on each side of the boat ramp to be used as temporary mooring areas for loading and unloading of boats. The only activities to occur on sovereignty submerged lands are the boat ramp, the accessory docks and the dredging. A 0.79-acre area of sovereignty submerged lands will be dredged to provide sufficient water depths for the boat ramp use. Approximately 0.27 acre of the dredging will occur within the nearshore areas proposed to be leased. The remaining 0.52 acre will be dredged waterward of the lease area and will be within the proposed public easement. The dredging will provide water depths of -3.0 feet mean low water. The dredging will remove approximately 1,880 cubic yards of sovereignty material. The material will be placed in a barge for disposal at an as yet unidentified upland area. Since the final disposal area has yet to be determined, the standard severance fee payment is included in the consideration. If COJ demonstrates that the material is placed on public property and used for a public purpose, the severance fees can be waived pursuant to section 18-21.011(3)(c), F.A.C. The dredging will occur within the open waters of the creek. COJ conducted an assessment of the submerged lands to identify any submerged aquatic vegetation or other resources. No vegetation, oyster beds or other significant resources were observed within the proposed project limits. The COJ is proposing to plant a 9-foot-wide section of the existing shoreline between the mean high and mean low water lines. The shoreline will be planted with native wetland vegetation such as Iris virginica (southern blue flag) and Scirpus spp. (bulrush). Board of
Trustees *************************************************** Item 11, cont. COJ has not obtained title to the property, but has an option to purchase agreement with the current upland owner. It is anticipated that COJ will obtain title to the property if, and when, the necessary permits have been obtained. COJ will need to submit satisfactory evidence of title to the riparian upland property prior to the execution of the lease and public easement, if approved. This has been addressed as a special approval condition. In addition, the property is currently zoned for commercial activities. COJ will need to rezone the property for the construction of the public facility. The proposed boat ramp is located on San Jose Boulevard (State Road 13). San Jose Boulevard is a six-lane roadway that is a main travel corridor along the east side of the St. Johns River. The applicant has consulted with the Florida Department of Transportation (FDOT) for their requirements on providing vehicle ingress and egress to the boat ramp. FDOT, in a June 22, 2000 letter to the applicant, outlined its requirements for approving access to the site from San Jose Boulevard. Goodbys Creek is designated as a "slow speed zone" in the Duval County Manatee Protection Plan. If this lease is approved, COJ will redesignate the creek to a "idle speed zone" and will mark the area with appropriate signage. DEP's environmental resource permit does not authorize liveaboards, sewage pumpout 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 environmental resource permit and special lease conditions. In an October 1, 2001 letter, the U.S. Fish and Wildlife Service determined that the project is not likely to adversely affect manatees. The project was noticed to 38 property owners within 500 feet of the proposed lease area as required by section 253.115(1), F.S. In addition, 67 individuals were also provided notice and an public meeting was held on October 25, 2001 (section 253.115(1) and (2), F.S.). Fifty-two letters of objection have been received. Fifty letters of support have been received. Petition pages with 2,028 signatures of support have also been received. The application would be processed under a delegation of authority pursuant to section 18-21.0051(2)(b), F.A.C. However, due to the number of objections received and heightened public concern, the project is being presented to the Board of Trustees for consideration pursuant to section 18-21.0051(4), F.A.C. 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 October 25, 2001 letter received from the city of Jacksonville. (See Attachment 11, Pages 1-47) RECOMMEND
APPROVAL SUBJECT TO THE SPECIAL APPROVAL CONDITION, THE SPECIAL LEASE
CONDITIONS, AND PAYMENT OF $4,230 FOR THE SEVERANCE FEE |
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