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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST
FUND AUGUST 26,
2003 ******************************************************************************* Item
1
2003 Florida Forever Interim Report/Priority
List REQUEST: Consideration of (1) the 2003
Florida Forever Interim Report of the Acquisition and Restoration Council;
and (2) the 2003 Florida Forever Interim Priority
List. STAFF
REMARKS: The
2003 Florida Forever Interim Report was prepared pursuant to chapter 259,
F.S., and rule 18-24, F.A.C.
During the Acquisition and Restoration Council (ARC) meetings of
February 7, April 18 and June 6, 2003, ARC added five new projects and
amended the boundaries of eight projects on the Florida Forever Priority
List. The
Interim Report includes the latest Florida Forever Priority List of
acquisition projects approved by ARC on June 6, 2003 and proposed for
adoption by the Board of Trustees.
The report also includes the descriptions of the projects that were
added to the Priority List: Cypress Gardens (Polk County), Half Circle L
Ranch (Collier and Hendry Counties), Nokuse Plantation (Walton County),
San Felasco Conservation Corridor (Alachua County), and the Upper St.
Marks River Corridor, Phases 1 and 2 (Leon and Jefferson Counties). All of these projects were added
to the A List of projects. Cypress Gardens, Nokuse Plantation and the San
Felasco Conservation Corridor are proposed as Less-than-Fee projects; Half
Circle L Ranch and the Upper St. Marks River Corridor are Full-Fee
projects. Please see the January 14, 2003 Florida Forever Five Year Plan
for descriptions of other projects on the June 2003 Florida Forever
Interim Priority List. Project
boundaries that were amended include the Apalachicola River (multiple
parcels; Gadsden and Liberty counties), Volusia Conservation Corridor
(Plum Creek Timberlands Tract; Volusia County), Panther Glades (Crows Nest
Tract; Hendry County), Northeast Florida Timberlands and Watershed Reserve
(Norfolk Southern Tract; Duval County), St. Joe Timberlands (Gulf and
Franklin Counties Tract), Florida’s First Magnitude Springs (Morrison
Spring; Walton County and Silver Springs; Marion County), Watermelon Pond
(multiple parcels in Alachua County) and Pumpkin Hill Creek (multiple
parcels in Duval County). The boundaries of Florida Forever projects were
modified to facilitate resource protection, land management, ecological
restoration, connectivity with other managed areas, or land
acquisition. One project,
the Letchworth Mounds in Jefferson County, was moved from the B List to
the A List during the June 6, 2003 ARC meeting to take advantage, in a
timely manner, of a willing seller to the state. Another prospective
project, the Tippen Bay Ranch in DeSoto, was dropped from consideration
because the Southwest Florida Water Management District is in the process
of acquiring this property as part of its land-acquisition
program. All
property within the boundaries of the Florida Forever projects, unless
specifically noted otherwise, are proposed to be purchased, in fee-simple
or a lesser interest, for conservation purposes. The 2002
Florida Forever Interim Priority List is consistent with section
187.201(9), F.S., the Natural Systems and Recreational Lands section of
the State Comprehensive Plan. The Interim
Report has been submitted under separate cover. (See
Attachment 1, Pages 1-3) RECOMMEND
(1) ACCEPTANCE OF THE 2003
FLORIDA FOREVER INTERIM REPORT; AND (2) APPROVAL OF THE 2003 FLORIDA
FOREVER INTERIM PRIORITY LIST
Board of Trustees
Agenda – August 26, 2003
3rd Substitute Page Two ******************************************************************************* 3rd
Substitute Item
2
BOT/City of Lakeland Exchange/ Determination/Waiver
REQUEST: Consideration of (1) a
determination that a 2.66-acre parcel, more or less, and a 2.70-acre
parcel, more or less, of state-owned land in Polk County are no longer
needed for conservation purposes, pursuant to Article X, section 18 of the
Florida Constitution and section 253.034(6), F.S.; (2) consideration of an
exchange agreement under which the Board of Trustees would convey the
previously mentioned parcels to the City of Lakeland in exchange for a
71.60-acre parcel, more or less, of land for the use and benefit of the
Florida Fish and Wildlife Conservation Commission; and (3) a request that
the Board of Trustees waive the statutory requirement for no less than a
special warranty deed and accept a fee simple deed from the City of
Lakeland pursuant to section 259.041(1), F.S. COUNTY: Polk APPLICANT: City of Lakeland (City) LOCATION: Sections 28, 31 and 33, Township
27 South, Range 24 East CONSIDERATION: Value-for-value
APPRAISED BY
Hupp
APPROVED
EXCHANGE
CLOSING PARCEL
ACRES
06/18/03
VALUE
VALUE
DATE
(2)BOT
2.66
$266,000
$266,000
$266,000
90 days (2)BOT
2.70
$ 30,000
$ 30,000
$ 30,000
after BOT
$296,000
approval (1)CITY
71.60
$390,000
$ 390,000
$390,000* *
As provided for in the Exchange Agreement, if the value of Parcel (1) is more than the value of
Parcel (2) at closing, for the purposes of the exchange to be effected
under this agreement the value of Parcel (1) will be reduced to the DSL
approved value for Parcel (2), and no monetary consideration shall be paid
by the Board of Trustees.
STAFF
REMARKS: This exchange was
negotiated by the Florida Fish and Wildlife Conservation Commission (FWC)
and the Florida Department of Environmental Protection
(DEP). The Division
of State Lands (DSL) received a request from the City, with approval from
the FWC, to exchange 3 parcels (approximately 154.25 acres) of state-owned
land for 5 parcels (approximately 254.64 acres) of property owned by the
City. On April 24, 2002, the
Acquisition and Restoration Council (ARC) voted to recommend this
exchange. The majority of the
state-owned property (148.89 acres) to be exchanged was donated in 1982,
and the remaining two parcels (approximately 5.36 acres) to be exchanged
were purchased in 2000 as part of the Tenoroc acquisition. Acceptance of the two out parcels
was a condition of the sale by the seller. According to FWC, the two out
parcels would be difficult to manage. Pursuant to
Senate Bill 54-A, Special Session A (2003), the Board of Trustees conveyed
the 148.89 acres, more or less, of donated state-owned land to the City in
exchange for four parcels of City-owned land totaling 183.04 acres, more
or less. Since Senate Bill
54-A, did not address the conveyance of the two smaller state-owned
parcels (2.66 and 2.70 acres) originally contemplated in the exchange,
these remaining two parcels are now being presented in exchange for the
71.60-acre parcel owned by the City to complete this exchange. The 2.66-acre state-owned parcel
is adjacent to City right-of-way directly east of State Road 33 currently
being developed in cooperation with Lakeland Regional Medical Center
(LRMC) as an entrance to the new LRMC Cancer Center. The 2.70-acre parcel is located
adjacent to Lake Crago and is an isolated piece of state-owned property
located adjacent to other City-owned property. This final phase of the exchange
will complete the consolidation of the City’s land ownership in the area.
In addition, the remaining 71.60-acre City-owned property along with the
four parcels received by the state in the prior exchange mandated by
Senate Bill 54-A, will allow for the consolidation of contiguous
conservation areas to facilitate the restoration and redevelopment of
wetland, wildlife corridor and water management areas by FWC.
Board of Trustees
Agenda – August 26, 2003
3rd Substitute Page Three ******************************************************************************* 3rd
Substitute Item 2,
cont. The City
charter only allows the City to convey land by “fee simple deed”. Therefore, they are requesting
that the Board of Trustees waive the statutory requirement for no less
than a special warranty deed and accept a fee simple deed pursuant to
section 259.041(1), F.S. The
state’s interest will be protected by the purchase of a title policy for
this parcel. Andrew J.
Hupp, MAI, SRA and State-Certified General Real Estate Appraiser,
appraised the properties on June 18, 2003. Mr. Hupp estimated the market
value of the 2.66 acre state-owned parcel to be $266,000 and the 2.70 acre
state-owned parcel at $30,000 for a total of $296,000, collectively Parcel
Two. Mr. Hupp estimated the
71.60 acre City-owned Parcel One at $390,000. As
provided for in the Exchange Agreement, if the value of Parcel (1) is more than the value of
Parcel (2) at closing, for the purposes of the exchange to be effected
under this agreement the value of Parcel (1) will be reduced to the DSL
approved value for Parcel (2), and no monetary consideration shall be paid
by the Board of Trustees. Pursuant to
section 253.034 (6), F.S., the two state parcels are no longer needed for
conservation purposes because they are small isolated parcels and
difficult to manage. The
Board of Trustees is receiving a net positive conservation benefit in the
exchange due to (1) 71.6 acres from Lakeland in exchange for 5.36 acres
from the Board of Trustees, (2) the 71.6 acres are immediately adjacent to
other conservation lands the Board of Trustees owns, and (3) the 71.6-acre
parcel contains 26 acres of wetlands and 5 acres of hardwood hammock which
have not been mined. DEP has
determined that surplus land sales are not subject to the local government
planning process. The
acquisition of the City parcel is consistent with section 187.201(9),
F.S., the Natural Systems and Recreational Lands section of the State
Comprehensive Plan. (See
Attachment 2, Pages 1-15) RECOMMEND
APPROVAL ******************************************************************************* Substitute
Item 3 Sale of State-owned
Land/Determination/City of Miami Beach REQUEST: Consideration of (1) a
determination that, pursuant to section 253.034(6)(g), F.S., selling 11
lots in Miami-Dade County at a price that differs from the appraised value
would be in the public interest; and (2) a request to sell these 11 lots
in Miami-Dade County to the City of Miami Beach for the creation of the
Altos Del Mar Park. COUNTY: Miami-Dade APPLICANT: City of Miami Beach
(City) LOCATION: Altos Del Mar: Lots 1 through 6,
Block
7
Lots 1 through
5, Block
10 CONSIDERATION: $10 STAFF
REMARKS: On April 19, 1983,
the Governor and Cabinet sitting as head of the Department of Natural
Resources, now the Department of Environmental Protection, (DEP) approved
the placement of the North Shore Open Space project on the Save Our Coast
(SOC) priority acquisition list.
The project was sponsored by the City of Miami Beach (City) as an
addition to North Shore Open Space Park, which was administered by the
City as a public recreation area on Miami Beach. In order for the project to
succeed, a sufficient number of contiguous lots had to be acquired. The City and the Board of Trustees
agreed that the City would acquire the lots within the project area either
by negotiation, donation, or, if necessary, condemnation. However, in September 1986, a City
bond issue referendum for acquisition funding for this project was
defeated and on December 2, 1986, the Board of Trustees terminated the
acquisition agreement with the City and adopted a new plan for pursuing
the project. The City was to
convey North Shore Open Space Park, which was not a part of the SOC
acquisition project, to the state for management as a unit of the state
park system.
The
Board of
Trustees
Agenda – August 26, 2003
Substitute Page Four ******************************************************************************* Substitute
Item 3, cont. lots between
76th and 77th Streets were to be acquired by the
state for an interpretive center and
support
facilities. The lots between
76th and 77th Streets were rezoned recreational by
the City. The remainder of
the properties in the SOC project (the lots between 77th and
79th Streets) were to remain in private ownership as an early
Miami Beach historic district.
The Altos del Mar Historic District was formally established by the
City on April 9, 1987, and includes the lots located between
77th and 79th Streets. In 1989, DEP
made a final effort to acquire the remaining lots in this joint
project. However, none of
DEP’s offers were accepted by private owners and all further acquisition
efforts were terminated. In
order for the original purpose of this project to have been realized, a
sufficient number of contiguous lots had to be acquired to provide
adequate land area for the project.
Because DEP was not able to acquire a sufficient number of
contiguous lots for this project, DEP requested and was granted approval
by the Board of Trustees on September 28, 1993, to dispose of the 22 lots
acquired. The original 22
lots were purchased with funds from the SOC Trust Fund for a total of
$6,676,188. The City had
invested approximately $300,000 towards the original purchase of these
lots.
On August 13,
2002, and October 8, 2002, the Board of Trustees approved the sale of the
11 non-contiguous state-owned lots located between 77th and
79th Streets, subject to a deed restriction for single-family
use. The proceeds from the
sale were $8,750,000. Both of
these previous agenda items mentioned that the City was requesting the
state convey these 11 contiguous lots between 76th and
77th Streets to the City.
Therefore, the City is requesting the state now convey the 11
contiguous lots between 76th and 77th Streets to the
City for the creation of the Altos Del Mar Park. Lot 6, Block 7, and Lot 5, Block
10, have old vacant homes on them that are in disrepair and have been
boarded up since they were acquired. The City has advised that once title
transfers on these lots to the City, they intend to restore the homes for
park-related uses. All of the
11 lots have been leased by the City under Lease Number 4042 that expires
on August 22, 2019.
To ensure the
conveyance of these 11 lots to the City would not adversely affect the tax
exempt status of the bonds, a legal opinion was requested from Knowles,
Marks and Randolph, P.A., Bond Counsel to DEP. Their written opinion dated June
10, 2003, concluded that this transaction will not adversely effect the
tax exempt status of the bonds for federal income tax purposes if the City
agrees to use the 11 lots only for conservation or recreation purposes.
DEP staff is
recommending a determination that, pursuant to section 253.034(6)(g),
F.S., selling 11 lots in Miami-Dade County at a price that differs from
the appraised value would be in the public interest and is requesting
approval to sell the 11 lots to the City for $10. The deed will contain a deed
reverter and related restrictions which would require that if the property
ceases to be used for conservation or recreation purposes, the property
will revert back to the Board of Trustees. In 1999, the voters of the City
of Miami Beach approved a $92 million General Obligation Bond, which
included $2.9 million for the design and construction of the new Altos Del
Mar Park on the 11 contiguous lots.
The bond requires the City to hold title to the land prior to
spending the funds.
Therefore, selling the remaining 11 lots to the City will provide a
greater benefit to the public than if the 11 lots are retained in state
ownership and not developed as a park, since it would not be practical for
the state to manage such a small parcel. J. Mark
Quinlivan, MAI, and State-Certified General Appraiser, appraised the
property on November 10, 2001.
Mr. Quinlivan estimated the market value of these lots at
$7,087,500, which is a summation of the individual market value estimate
for these 11 lots. A
consideration of the status of the local government comprehensive plan was
not made for this item. DEP
has determined that surplus land sales are not subject to the local
government planning process. (See
Attachment 3, Pages 1-26) RECOMMEND
APPROVAL
Board of Trustees
Agenda – August 26, 2003
2nd Substitute Page Five ******************************************************************************* 2nd
Substitute Item
4
BOT/SJRWMD/Sylvan West Partnership, Ltd. Exchange/
Determination/Conveyance REQUEST: Consideration of (1) a
determination that three parcels of land totaling 357.56 acres and one
1,177-acre parcel of land in St. Johns County, jointly owned by the Board
of Trustees and the St. Johns River Water Management District, are no
longer needed for conservation purposes pursuant to Article X, section 18
of the Florida Constitution and section 253.034(6), F.S.; (2) a request to
exchange the 1,177 acres of land for approximately 228 acres of private
property; and (3) a request to convey the Board of Trustees’ interest in
the 357.56 acres to the St. Johns River Water Management District to
effect a value for value exchange. COUNTY: St. Johns APPLICANTS: Sylvan West Partnership, Ltd.
(Sylvan) and St. Johns River Water Management District
(SJRWMD) LOCATION: Section 33, Township 09 South,
Range 30 East; Sections 33 and 34, Township 05 South, Range 28 East;
Sections 04 and 05, Township 06 South, Range 28 East; Section 33, Township
05 South, Range 28 East; Sections 23, 24, 25 and 26, Township 06 South,
Range 28 East; Sections 36 and 42, Township 06 South, Range 28 East;
Section 31, Township 06 South, Range 29 East; and Section 06, Township 07
South, Range 29 East CONSIDERATION:
Value for Value
APPRAISED
BY
Rogers
APPROVED
CLOSING PARCEL
ACRES
(03/25/03)
VALUE
DATE
12
Mile Swamp
1,177
$985,000*
$985,000
120 days after (to
Sylvan)
BOT approval Sylvan
Faver-Dykes
228
$816,000
$816,000
120 days after (to
BOT)
BOT approval *
Value of the land with 1,177 acres encumbered by the Rayonier Timber Lease
and 722.58 acres encumbered by the conservation
easement. STAFF REMARKS:
As part of a three party
agreement, the Board of Trustees and the SJRWMD will jointly convey a
1,177-acre parcel of the Twelve Mile Swamp (parcel C) to Sylvan. In exchange, Sylvan will convey to
the Board of Trustees the 228-acre Faver-Dykes parcel, which will fill a
gap in state-owned land within the Faver-Dykes State Park. Additionally, Sylvan will grant a
conservation easement back to SJRWMD over 61.4 percent of the Twelve Mile
Swamp parcel it receives in the exchange with the Board of Trustees and
SJRWMD. To ensure that all
parties receive appropriate value in this transaction, the Board of
Trustees will also convey its interest in jointly owned parcels D, E, and
F (357.56 acres) to the SJRWMD giving them sole title to the parcels, and
Sylvan will pay the SJRWMD $169,000.
The state-owned property west of I-95 that is the subject of this
exchange was added to the project area by the Acquisition and Restoration
Council (ARC) in July 2000.
This property was added because the Cummer Trust, owners of a
22,000-acre tract east of I-95, would not sell unless its property west of
I-95 was included in the acquisition. At the time of the ARC review and
approval of the boundary amendment, ARC contemplated the future surplus of
this property.
Faver-Dykes Inholding –
(Sylvan Parcel) - Description of Property and Resources (228
acres):
The parcel is
bordered on three sides by Faver-Dykes State Park. Acquisition of this inholding is
strongly supported by the Division of Recreation and
Parks. The natural
communities include flatwoods interspersed with isolated forested and
herbaceous wetlands and some xeric (very dry habitat) communities. In addition, an undisturbed
forested wetland strand bisects the site and joins Pellicer Creek,
continues through Faver-Dykes State Park and eventually contributes to
Pellicer Creek Aquatic Preserve.
The following points should be taken into
consideration:
Board of Trustees
Agenda – August 26, 2003
2nd Substitute Page Six ******************************************************************************* 2nd
Substitute Item 4, cont. •
Mature pine forest was harvested several years ago; pine
regeneration is occurring naturally at this time, and patchy
throughout. •
This property has not been subjected to industrial forest planting
techniques. •
The natural communities that exist on the site are relatively
undisturbed. •
The eastern portion of the site appears to have been impacted by
uncontrolled wildfire
(possibly 1998). •
Location of this parcel is critical to resolving several land
management concerns for
adjacent Faver-Dykes State Park. •
Interior roads are poor and are best described as non-maintained
jeep trails. •
The parcel contains approximately 191 acres of uplands (flatwood=
approximately 153 acres, xeric = approximately 38 acres), estimated
wetlands = approximately 38 acres. Pursuant to section 253.034 (6), F.S.,
the proposed exchange will produce a net positive conservation benefit to
the state resulting from the higher quality resources on the Sylvan Parcel
which also fills a substantial inholding in the park. Additionally, the individual
parcels across I-95 were small, stand alone and are difficult to
manage. The exchange provides
an optimum management and resource result for the Board of
Trustees. Twelve Mile Swamp Exchange
Parcel - Description of Property and Resources (Parcel C -1,177
acres):
The Twelve
Mile Swamp Exchange parcel, located in the most westerly area of the
Florida Forever project boundary and west of and adjacent to Interstate
95, is not considered to be an essential part of the Twelve Mile Swamp
project. The parcel lies in
the Lower St. Johns River Basin (SWIM project) and consists of Hardwood
Swamp, Basin Swamp and altered Mesic Flatwood natural communities. Approximately 473 acres of the
site is currently in mature or newly planted slash pine plantation, and
includes Big Island Swamp and Big Island that contribute to the headwaters
of Trout Creek and Mill Creek.
Approximately 686 acres of the site is considered wetlands, with 15
acres described as isolated wetlands. The balance of the wetland areas
include silviculturally altered wetland systems. Protection of the resource value
over most of the parcel will continue through the proposed conservation
easement to SJRWMD; over 61 percent of the parcel will be sheltered. The following points
should be considered: •
The Twelve Mile Swamp exchange parcel is isolated from the larger
portion of the project by Interstate 95. •
There is restricted public access at this time, and no alternatives
for public access are anticipated. •
District implementation of land management activities is restricted
due to the isolated nature of the parcel. •
Interior roads are well maintained. •
The area not covered by the conservation easement (northern and
east-central portion of the site) totals 454.42 acres; 344.7 acres (76
percent) of which are upland, and 109.72 acres (24 percent) are
jurisdictional wetlands. •
The area covered by the conservation easement (southern portion of
site) is 722.58 acres (61.4 percent of the parcel) of which 141.3 acres
(20 percent) are uplands and 581.28 acres (80 percent) are jurisdictional
wetlands. •
The conservation easement will prohibit harvest activities in
wetlands and will limit use of the property to silviculture in the
uplands, hunting and quiet enjoyment. No construction or other
improvements will be allowed within the conservation easement restricted
property.
Pursuant to section 253.034(6), F.S.,
the Board of Trustees’ ownership in Parcel C is no longer needed for
conservation purposes since this portion of Twelve Mile Swamp is west of
I-95 and isolated from the main portion of the swamp; was purchased at the
insistence of the landowner when the rest of the purchase was made; has
resources that are inferior to those the Board of Trustees obtained in the
exchange; and has restricted public access due to timber leases. However, the proposed exchange
will allow public access on the acreage added to Faver Dykes State
Park. Additionally, the
SJRWMD will retain a conservation easement over 722.58 acres.
Board of Trustees
Agenda – August 26, 2003
2nd Substitute Page Seven *******************************************************************************
2nd Substitute
Item 4, cont.
Twelve Mile Swamp Exchange
Parcel - Description of Property and Resources (Parcels D, E & F –
357.56 acres):
The additional
proposed Twelve Mile Swamp exchange parcels (D, E, and F) to be conveyed
by the Board of Trustees solely to the SJRWMD are located in the most
southwesterly area of the Florida Forever project boundary and on the west
side of Interstate 95. These
parcels were not originally sought after as part of the initial
acquisition of the original Twelve Mile Swamp, but were purchased along
with the larger Twelve Mile Swamp acquisition as a condition of sale by
the seller. The parcels are
isolated from the larger project boundary by Interstate 95. Most of the site consists of
natural communities similar to the 1,177-acre Parcel C on the east side
of Interstate
95. Approximately half of the
parcels consist of uplands with the other half consisting of
wetlands. Parcels D, E and F
will be managed by SJRWMD. Pursuant to section 253.034(6), F.S.,
the Board of Trustees’ ownership in Parcels D, E and F is no longer needed
for conservation purposes since the parcels were bought when the sellers
refused to sell the larger piece unless the state bought the entire
parcel. These parcels are separate from the rest of the state’s ownership
by I-95 and are difficult to manage, and the property we are getting in
exchange is of greater resource value than exists on these smaller
parcels. Pursuant to
chapter 253.034(6)(e), F.S., the initial request was reviewed for
consideration by the ARC during its April 17-18, 2003 meeting. ARC recommended approval of the
land exchange on the consent agenda for the 1,177 acres in exchange for
228 acres (with a conservation easement). ARC also reviewed at its August
14-15, 2003 meeting, the most recent request to convey the Board of
Trustee’s interest in Parcels D, E and F to SJRWMD in an effort to affect
the value for value exchange.
ARC recommended approval of this request. Pursuant to
section 253.115(1), F.S., property owners within 500 feet of the subject
properties were notified of the exchange on May 1, 2003 and of the
additional property on July 18, 2003. No inquiries or objections were
received by the end of the noticing period. State agencies and the county were
not required to be noticed pursuant to section 18-2.019(5)(b)5, F.A.C. and
section 253.111(6)(a), F.S. 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 land exchanges
are not subject to the local government planning
process. (See
Attachment 4, Pages 1-57) RECOMMEND APPROVAL
******************************************************************************* Item 5
Jefferson Option Agreement/Florida Board of
Education/FAMU REQUEST: Consideration of an
option agreement to acquire 0.22 acre for the benefit of the Florida Board
of Education and Florida Agricultural and Mechanical University from
Rodney T. and Carol C. Jefferson. COUNTY:
Leon APPLICANT: Florida Agricultural and
Mechanical University (FAMU) LOCATION: Section 01, Township 01
South, Range 01 West CONSIDERATION:
$22,000
Board of Trustees
Agenda – August 26, 2003
Additional Page Seven-A *******************************************************************************
2nd
Substitute Item 4, cont.
APPRAISED BY
SELLER’S
TRUSTEES’
Wright
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(10/12/01)
VALUE
PRICE
PRICE
DATE
Jefferson
0.22
$22,000
$22,000
*
$22,000
120 days after
(100%)
BOT approval * The sellers inherited the property
in 1978. STAFF REMARKS: This acquisition was negotiated by
FAMU. Funds for the
acquisition were appropriated during the 2001-2002 Legislative session and
are still available. The property is improved with an
816-square-foot, single-family home.
The building will be demolished and the site used for the FAMU
Pharmacy Phase II building. All mortgages and liens will be
satisfied at the time of closing.
In the event the commitment for title insurance, to be obtained
prior to closing, reveals any encumbrances that may affect the
(AGENDA CONTINUED
ON NEXT PAGE)
Board of Trustees
Agenda – August 26, 2003
Page Eight ******************************************************************************* Item 5, cont. value of the property or the proposed
management of the property, staff will so advise the Board of Trustees
prior to closing. A title insurance policy, a survey and
an environmental site assessment will be provided by the acquiring agency
prior to closing. This property will be managed by FAMU
as part of the existing campus, through a lease to the Florida Board of
Education. This acquisition is consistent with
section 187.201(1), F.S., the Education section of the State Comprehensive
Plan. (See Attachment 5, Pages
1-20) RECOMMEND
APPROVAL ******************************************************************************* Item 6
McBride Option
Agreement/Division of Recreation and Parks DeLeon Springs State Park
Additions and Inholdings Project DEFERRED FROM THE AUGUST 12, 2003
AGENDA REQUEST: Consideration of an option
agreement to acquire 7.1 acres within the Division of Recreation and Parks
DeLeon Springs State Park Additions and Inholdings project from Gale
McBride. COUNTY: Volusia LOCATION: Sections 38 and 40, Township 16
South, Range 29 East CONSIDERATION: $310,000
APPRAISED BY
SELLER’S
TRUSTEES’
Sutte
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(07/26/02)
VALUE
PRICE
PRICE
DATE
McBride
7.1
$355,000
$355,000
$303,000*
$310,000**
90 days after
(87%)
BOT approval * Property was transferred
from Sams-McBride Partnership to seller in August
1996 **
$ 43,662 per acre STAFF REMARKS: The DeLeon Springs State Park
project has been identified on the Department of Environmental
Protections’ (DEP) Division of Recreation and Parks (DRP) Additions and
Inholdings List. This
agreement was negotiated by DEP’s Division of State Lands on behalf of DRP
under the State Parks Additions and Inholdings Florida Forever
program.
All mortgages and liens will be
satisfied at the time of closing.
There are two easements on the southern portion of the property
that provide access to two residences along the lake. The easements were considered by
the appraiser. DRP has
determined that the easements will not affect the management of the
property. On June 22, 1999,
the Board of Trustees approved a staff recommendation to delegate to the
DEP the authority to review and evaluate marketability issues as they
arise on all chapter 259, F.S., acquisitions and to resolve them
appropriately. Because these
issues were discovered during preliminary due diligence, further research
may change the facts and scope of each issue and, therefore, DEP staff
will review, evaluate and implement an appropriate resolution for these
and any other title issues that arise prior to
closing. A title insurance policy, a survey, an
environmental site evaluation and, if necessary, an environmental site
assessment will be provided by the purchaser prior to closing.
Board of Trustees
Agenda – August 26, 2003
Substitute Page Nine ******************************************************************************* Item 6, cont. This
property is the site of an old privately owned park and is in close
proximity of the main use area, the headspring, of DeLeon Springs State
Park. After approval by the Board of
Trustees, this
acquisition will complete the boundary and create an inholding. In addition, it will help to
maintain a natural vista from the existing park facilities and provide
upland to enhance future management and public use in a very constricted
area of the park. The
property will be managed by DRP as an addition to DeLeon Springs State
Park. This acquisition is consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 8, submitted with the
August 12, 2003 Agenda) RECOMMEND
APPROVAL ******************************************************************************* Substitute
Item 7 Chen/Min-Hua Option Agreement/Charlton
Option Agreement/ Conservation
Easement/Green Swamp Area of Critical State Concern/ Green Swamp Florida Forever
Program REQUEST: Consideration of (1) an
option agreement to acquire 341.82 acres from Yin Kuen Chen and Chen Wang
Min-Hua; and (2) an option agreement to acquire a perpetual conservation
easement over 321.40 acres from Tami A. Charlton, both within the Green
Swamp Area of Critical State Concern and the Green Swamp Florida Forever
project. COUNTIES: Lake and
Polk LOCATION: Sections 21 and 28,
Township 24 South, Range 26 East and Section 25, Township 26 South, Range
24 East CONSIDERATION:
$1,128,580
APPRAISED BY
SELLER’S
TRUSTEES’
Marr
Sutte
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(03/07/03)
(03/07/03)
VALUE
PRICE
PRICE
DATE
Chen
341.82
$785,000
$730,000
$785,000
$215,000*
$700,000** 90 days
after
(89%)
BOT approval * Property
purchased in January 1990 ** $2,048 per acre
Goodman
(04/03/03)
Charlton
321.40
$463,830
$463,830
*
$428,580
**
120 days after
(92%)
BOT approval *Property conveyed via
a series of Quit-Claim Deeds from parents starting
12/29/89-01/03/03 ** $1,333 per acre –
Conservation Easement Value is 70% of the Fee Value of
$660,000
_____
________
________ TOTALS
663.22
$1,248,830
$1,128,580 STAFF REMARKS: Effective July 1, 1999, the
Legislature transferred all activities performed by the Green Swamp Land
Authority to the Department of Environmental Protection (DEP) as provided
in section 51, chapters 99-247, Laws of Florida. The Green Swamp Area of Critical
State Concern contains 322,690 acres, of which 36,877.98 acres are
protected by, or under agreement to be protected by, land protection
agreements or conservation easements. After the Board of Trustees
approves these agreements, 285,812.02 acres, or 89 percent of the area,
will remain to be acquired.
These acquisitions are also within the Green Swamp Florida Forever
project boundary, which contains 279,224 acres, of which 84,614.73 acres
have been acquired or are under agreement to be acquired. After the Board of Trustees
approves these agreements, 194,609.27 acres, or 70 percent of the Green
Swamp Florida Forever project, will remain to be
acquired.
Board of Trustees
Agenda – August 26, 2003
Substitute Page Ten ******************************************************************************* Substitute Item 7,
cont. Under the proposed conservation
easement, the Charlton property will be restricted in perpetuity by the
summary of provisions of the easement, which include, but are not limited
to, the following: ·
New construction or
placing of temporary or permanent structures or buildings on the property
will be prohibited except with prior notice and
approval; ·
Mining and
excavation by Grantor will be prohibited; ·
Timber harvesting
will be prohibited in areas not depicted in baseline documentation as
agricultural areas; however, cutting and removing of timber damaged by
natural disaster, fire, etc. is permitted; ·
Acts or uses
detrimental to the retention of land or water areas, or to the use of the
property as a water recharge area will be
prohibited; ·
Dumping of trash,
waste, hazardous materials and soil will be prohibited;
and ·
The Board of
Trustees will have the right of first refusal in the event the owner
intends to sell the property The proposed conservation easement on
the Charlton property will allow the owner to retain certain rights. The summary of owner’s rights
includes, but is not limited to, the following: ·
The right to engage
in all non-commercial, passive, resource-based recreation not inconsistent
with the purpose of the easement; ·
The right to
construct barns and fences for agricultural uses; ·
The right to
maintain the owner’s current agricultural business in improved
areas; ·
The right to retain
and maintain present areas of improved pasture; ·
The right to convey
portions of the property; and ·
The right to
convert improved agricultural areas. All mortgages and liens will be
satisfied or subordinated on the Charlton property at the time of
closing. This parcel includes
an access easement and the appraiser considered the easement in the
valuation of the property.
DEP’s Office of Environmental
Services (OES), the interim monitoring agency, has determined that
management of the property will not be adversely affected. In the event the commitment for
title insurance, to be obtained prior to closing, reveal any other
encumbrances that may affect the value of the property or the proposed
management of the property, staff will so advise the Board of Trustees
prior to closing. All mortgages and liens will be
satisfied on the Chen property 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.
Because these issues were discovered during preliminary due
diligence, further research may change the facts and scope of each issue
and, therefore, DEP staff will review, evaluate and implement an
appropriate resolution for these and any other title issues that arise
prior to closing. Title insurance policies, surveys,
environmental site assessments and baseline documentation reports as
applicable, will be provided by the purchaser prior to closing on the
Charlton parcel. On the Chen
parcel, the title insurance policy will be provided by the purchaser, with
the seller reimbursing the purchaser at closing, and the survey and
environmental site assessment will be provided by the purchaser prior to
closing. The mosaic of cypress swamps, pine
forests, and pastures known as the Green Swamp is a vital part of the
water supply of Central Florida.
This region gives rise to four
major river systems (the Withlacoochee, Oklawaha, Hillsborough and Peace)
and, because it has the highest groundwater elevation in the peninsula, is
important for maintaining the flow of water from the Floridan
Aquifer. Preservation by
acquiring the properties located within the area will protect the Floridan
Aquifer and the headwaters of several rivers, and preserve a large area
for wildlife.
Board of Trustees
Agenda – August 26, 2003
Substitute Page Eleven ******************************************************************************* Substitute Item 7,
cont. OES will be the interim monitor for the
Charlton conservation
easement until a permanent monitor is established. The Florida Fish and Wildlife
Conservation Commission will manage the Chen parcel as an addition to the
Hilochee Wildlife Management Area. These acquisitions are consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 7, Pages
1-68) RECOMMEND
WITHDRAWAL ******************************************************************************* Substitute Item 8
Kurgis Option Agreement/Conservation Easement/Pineland Site Complex Florida Forever
Project REQUEST: Consideration of an
option agreement to acquire a perpetual conservation easement over 7.19
acres within the Pineland Site Complex Florida Forever project from Sharon
Kurgis. COUNTY: Lee LOCATION: Section 07, Township 44
South, Range 22 East CONSIDERATION:
$250,000
APPRAISED BY
SELLER’S
TRUSTEES’
Norris
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(12/02/02)
VALUE
PRICE
PRICE
DATE
Kurgis
7.19
$306,000
$306,000
$470,000*
$250,000**
120 days after
(82%)
BOT approval * Property was purchased in
November 2000 ** $34,771 per acre (The purchase
price for the conservation easement is 41% of the fee value of
$612,000) STAFF REMARKS: The Pineland Site Complex project
is an “A” group project on the Florida Forever Full Fee Project List
approved by the Board of Trustees on February 25, 2002. The project contains 206 acres, of
which 52.85 acres have been acquired or are under agreement to be
acquired. After the Board of
Trustees approves this agreement, 145.96 acres or 71 percent of the
project will remain to be acquired. Under the proposed conservation
easement, the property will be restricted in perpetuity by the provisions of the easement, a
summary of which includes, but is not limited to, the
following: ·
New construction or
placing of temporary or permanent structures or buildings on the property
will be prohibited except with prior notice and
approval; ·
Mining,
excavation and oil and gas exploration by Grantor will be
prohibited; ·
Timber harvesting
will be prohibited in areas not depicted in baseline documentation as
agricultural areas; however, cutting and removing of timber damaged by
natural disaster, fire, etc. is permitted; ·
Acts or uses
detrimental to the retention of land or water areas, or to the use of the
property as a water recharge area will be
prohibited; ·
Dumping of trash,
waste, hazardous materials and soil will be prohibited;
and ·
The Board of
Trustees will have the right of first refusal in the event the owner
intends to sell the property.
Board of Trustees
Agenda – August 26, 2003
Substitute Page Twelve ******************************************************************************* Substitute Item 8,
cont. The proposed conservation easement will
allow the owners to retain certain rights. The summary of owner’s rights
includes, but is not limited to, the following: ·
The right to engage
in all non-commercial, passive, resource-based recreation not inconsistent
with the purpose of the easement; ·
The right to
conduct controlled and prescribed burning; and
·
The right to
continue exclusive use, maintain, repair, and reconstruct, but not
relocate or enlarge, all existing structures depicted in the baseline
documentation. All mortgages and liens will be
satisfied or subordinated at the time of closing. Improvements on
the property include a single-story frame residence built in 1946, a
one-story cottage, a 61,750-cubic-foot shell mound and a two-story home
built in 1910 which is on top of the Indian mound therefore protecting it
from intruders. 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. Because these issues were
discovered during preliminary due diligence, further research may change
the facts and scope of each issue and, therefore, DEP staff will review,
evaluate and implement an appropriate resolution for these and any other
title issues that arise prior to closing. A title insurance policy, a survey, an
environmental site evaluation and a baseline documentation report will be
provided by the purchaser prior to closing. Among the rich remains of the Calusa
and earlier peoples around Charlotte Harbor, the Pineland Site Complex,
with its large mounds and canals and well-preserved remains dating back
almost 2000 years, may be the most important--but it is also one of the
most desirable areas for development on Pine Island. Public acquisition of the Pineland
Site Complex project will protect the archaeological site and mangrove
swamps near it, preserving a link of natural land to the Charlotte Harbor
State Reserve, giving archaeologists the opportunity to continue their
research at the site, and giving the public an opportunity to learn how
the ancient inhabitants of this fast-growing area
lived. The
Florida Museum of Natural History, University of Florida, maintains an
active research and education program at its Randell Research Center near
this parcel. Acquisition
would protect the property from development that might damage or destroy
the Adams Mound, a Calusa Indian earthwork and probable burial mound
(8LL38). A section of the
Pine Island Canal (8LL34) is also within the boundary of the subject
property. Both would be
protected by acquiring development rights. The research potential for both
the Adams Mound and Pine Island Canal are high, and knowledge gained would
complement Calusa Indian research being done already by the Randell
Center. Additionally, a
turn-of-the-century house built on top of the large shell mound is of
local historical significance. The
property will be monitored by the Florida Museum of Natural History as a
conservation easement. This acquisition is consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 8, Pages
1-73) RECOMMEND
APPROVAL
Board of Trustees
Agenda – August 26, 2003
2nd Substitute Page Thirteen ******************************************************************************* 2nd Substitute Item
9 TNC Assignment
of an Option Agreement/Conservation Easement/ Fisheating Creek
Florida Forever Project DEFERRED FROM THE AUGUST 12, 2003
AGENDA REQUEST: Consideration of the acceptance of
an assignment of an option agreement to acquire a conservation easement
over 23,950 acres within the Fisheating Creek Florida Forever project from
The Nature
Conservancy. COUNTY: Glades LOCATION: Sections 01 through 04, 09 through
15, 22 through 27 and 34 through 36, Township 40 South, Range 30 East;
Sections 06, 07 and 18, Township 40 South, Range 31 East; Sections 01 and
02, Township 41 South, Range 30 East; Sections 01 through 05, 08 through
17, 20 through 24, 26 and 27, Township 41 South, Range 31 East; and
Sections 05 through 08 and 17 through 19, Township 41 South, Range 32
East CONSIDERATION: $23,092,000 ($22,992,000 for the
acquisition; $100,000 for the purchase of the option
agreement)
APPRAISED BY
SELLER’S
TRUSTEES’
Holden
Ryan
APPROVED
PURCHASE
PURCHASE
OPTION PARCEL
ACRES
(04/05/03)
(02/26/03)
VALUE
PRICE
PRICE
DATE
Lykes
Bros. 23,950
$23,950,000
$20,360,000
$23,950,000
*
$23,092,000**
120 days after
(96%
)
BOT approval * The property has been
company-owned for over 50 years ** $964 per acre (The purchase price
for the conservation easement is 64% of the fee value of
$35,925,000) STAFF REMARKS: The Fisheating Creek project is an
“A” group project on the Florida Forever Less-than-Fee Project List
approved by the Board of Trustees on February 25, 2003. The project contains 176,760
acres, of which 59,818.38 acres have been acquired, protected by a
conservation easement or are under agreement to be acquired. After the Board of Trustees
approves this agreement, 92,991.62 acres, or 53 percent of the project,
will remain to be acquired.
Pursuant to a multi-party acquisition
agreement entered into between the Department of Environmental
Protections’ (DEP) Division of State Lands (DSL) and The Nature
Conservancy (TNC), TNC has acquired an option to purchase a conservation
easement on this 23,950-acre parcel from Lykes Bros., Inc. After this acquisition is
approved, the Board of Trustees will acquire the option from TNC for
$100,000, 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 easement on the property. The assignment of option agreement
provides that payment to TNC is contingent upon the Board of Trustees
successfully acquiring the easement on 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 easement on the property. Under the proposed conservation
easement the property will be restricted in perpetuity by the provisions
of the easement, a summary of which includes, but is not limited to, the
following: ·
Disturbance of
existing land cover will be prohibited; ·
Any activity that
adversely impacts the health or safety of a threatened or endangered
species, species of special concern, or native vegetation will be
prohibited; ·
Industrial uses
other than oil, gas and water exploration and extraction in the Impacted
Easement Areas (IEA) and farmsteads will be
prohibited; ·
Harvesting of trees
in wetland areas and stumping will be prohibited; ·
New structures,
construction and roads will be prohibited except as permitted in the
easement; ·
Dredging, diking,
canalization, manipulation or diversion of natural water courses or
surface water will be prohibited; and
Board of Trustees
Agenda – August 26, 2003
2nd Substitute Page Fourteen ******************************************************************************* 2nd Substitute Item 9,
cont. ·
Dumping of trash,
waste, hazardous materials and soil will be
prohibited. The proposed conservation easement will
allow the owners to retain certain rights. The summary of owner’s rights
includes, but is not limited to, the following: ·
The right to sell,
lease and otherwise convey the property in total or in part with the Board
of Trustees having the right of first refusal; ·
The right to
subdivide the property into 22 parcels including the right to develop a
farmstead on each parcel; ·
The right to use
prescribed burning at regular intervals to maintain fire-dependent
communities; ·
The right to
continue existing cattle and silvicultural operations;
·
The right to
continue hunting, fishing, ecotourism and other resource-based recreation
rights; ·
The right to
continue haying, sodding, seed and fruit harvesting, and some restricted
use of fertilizers, pesticides and herbicides as outlined in the easement;
·
The right to
extract oil, gas and water within the farmstead areas and the IEA’s,
including the right to install and operate commercial water well fields,
so long as there is no significant impact on the environmental value of
the surface property; and · The right to request authorization to
place a regional water storage, treatment, and other water management
facilities for the benefit of Lake Okeechobee and other regional water
resources on all or some the property. All mortgages and liens will be
satisfied or subordinated at the time of closing. The acquisition includes two
non-contiguous parcels. The
northern parcel includes various right-of-way easements and two Department
of Transportation drainage easements that extend into the western boundary
of the property. The northern
parcel also has a reservation of the oil, gas and mineral rights
encumbering approximately 100 acres.
The southern parcel includes a flowage easement along the eastern
boundary and two flood control easements, one at the northeast corner and
one extending along the northern boundary of the parcel. The appraisers considered the
easements, rights-of-way and outstanding interests in their appraisals,
each concluding the impact of these is relatively insignificant to the
overall value of the property.
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.
Because these issues were discovered during preliminary due
diligence, further research may change the facts and scope of each issue
and, therefore, DEP staff will review, evaluate and implement an
appropriate resolution for these and any other title issues that arise
prior to closing. A title insurance policy, a survey, an
environmental site assessment and baseline documentation report will be
provided by the purchaser prior to closing. Fisheating Creek, the only undammed
tributary to Lake Okeechobee, flows through vast prairies and
flatwoods. Public acquisition
of the Fisheating Creek Ecosystem project will acquire certain rights from
landowners to help preserve this natural land area, which links the
Okaloacoochee Slough, Big Cypress Swamp the Babcock-Webb Wildlife
Management Area and Lake Okeechobee, and help ensure the survival of the
Florida panther, swallow-tailed kite, and other animals and plants that
require such natural lands.
The project area contains numerous archaeological sites and
connects the Fisheating Creek Watershed with the Lake Wales
Ridge. The conservation easement will be
monitored by DEP’s Office of Environmental Services. This acquisition is consistent with
section 187.201(9), F.S., the Natural Systems and Recreational Lands
section of the State Comprehensive Plan. (See Attachment 6, submitted with the
August 12, 2003 Agenda) RECOMMEND
DEFERRAL
Board of Trustees
Agenda – August 26, 2003
Page Fifteen ******************************************************************************* Item 10
Marbella Yacht
Club, LLC, Recommended Consolidated Intent DEFERRED FROM
THE AUGUST 12, 2003 AGENDA REQUEST: Consideration of an application
for a five-year sovereignty submerged lands lease containing approximately
90,611 square feet, more or less, for a commercial marina in
conjunction with an upland condominium. COUNTY:
Okaloosa
Lease
No.
460033001
Application No. 46-0160745-001-DF
APPLICANT:
Marbella Yacht Club, LLC
(d/b/a
Marbella, A Condominium)
LOCATION: Section 00,
Township 02 South, Range 22 West, in Old Pass Lagoon, Class III Waters,
Prohibited Shellfish Harvesting Area, within the local jurisdiction of the
City of Destin
Aquatic Preserve: No
Outstanding Florida Waters:
No
Designated Manatee County:
No
Manatee Aggregation Area:
No
Manatee Protection Speeding Zone: No
CONSIDERATION:
$14,475.10, representing the initial lease fee computed at the base rate
of $0.1278 per square foot, including the initial 25 percent surcharge
payment. 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 annual rental value, 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 applicant
is proposing to construct a new 58-slip commercial marina (marina)
in conjunction with a 126-unit upland condominium complex. The
applicant proposes to construct the project in four phases: Phase I is a
69-unit condominium; Phase II is the 58-slip marina; Phase III is a
30-unit condominium and Phase IV is a 27-unit condominium. The marina will provide
docking and water access to the condominium owners and to the general
public. The applicant is
proposing to construct a 785-foot-long by 6-foot-wide marginal dock with a
50-foot-long by 6-foot-wide access pier, a 115-foot-long by 6-foot-wide
access pier and a 42-foot-long by 6-foot-wide access pier. The three access piers will be
elevated a minimum of 8 feet above mean high water and 2 feet above the
top of the emergent wetland vegetation, with deck spacing of at least ˝
inch to allow for light penetration.
The marginal dock will have a 156-foot-long by 6-foot-wide
“Z”-shaped extension and a 208-foot-long by 6-foot-wide “Z”-shaped
extension radiating from the center of the dock in a semicircle. The dock is also proposed to have
23 finger piers, each 3 to 6 feet wide, ranging from 15 to 70 feet in
length. The dock will
accommodate recreational powerboats ranging in size from 25 to 70 feet
long. The proposed dock
structure will comprise approximately 10,600 square feet and will contain
three main access piers that extend perpendicular to the mean high water
line (MHWL). The
Board of Trustees
Agenda – August 26, 2003
Page Sixteen ******************************************************************************* Item 10, cont. portion of the
shoreline between the two end access piers is considered to be pre-empted
and is included in the lease, as the public will not have access to this
area. The nearshore area also
contains oyster beds and shallow water depths. As a result of these resources and
the shallow water depths the dock has been moved from 40 to 90 feet
waterward of the MHWL. No
submerged aquatic vegetation has been found in the area where the dock or
the slips are proposed to be located. The shoreline contains emergent
vegetation, however, the main access piers have been elevated and the dock
has been moved waterward in order to avoid the vegetation and minimize the
impact. No dredging is
proposed at the site since the project will be located in water depths
ranging from -5 to -10 feet mean low water. The site currently contains an
existing 630-square-foot single-family dock that will be removed prior to
construction of the new docking facility. The original
owner of the entire upland property was Marbella Development Partners,
LLC, which sold the property to Oak Harbor Development, LLC on December 5,
2001. Oak Harbor Development,
LLC, has granted a 5- to 20-foot-wide easement along the riparian
shoreline to Marbella Yacht Club, LLC, which will operate the marina as
the lessee. Oak Harbor
Development, LLC, will convey the upland property on which the condominium
will be constructed to Marbella Condominium Developers, LLC. Marbella Condominium Developers,
LLC, will construct the condominium on the uplands subject to the easement
granted to Marbella Yacht Club, LLC.
Access from the common property owned by Oak Harbor Development,
LLC, has been granted to Marbella Yacht Club, LLC, through the easement
agreement. Once the project
is constructed, the condominium will be known as Marbella, A
Condominium. The uplands
adjacent to the proposed marina will contain a multi-phased 126-unit
condominium complex. The slip
usage at the marina facility will not be contingent upon ownership of an
upland dwelling unit or membership in the yacht club. The slips may be utilized by
condominium “unit owners” or “non-unit owners” as stated in section 4.6 of
the condominium documents.
The uplands adjacent to the docking facility will not contain a
yacht club building, but sufficient parking will be available on the
condominium property for both the condominium unit owners and the non-unit
owners who will utilize the slips.
A standard
condition in sovereignty submerged lands leases clearly states the Board
of Trustees’ interest in the lands being leased, as
follows: “Lessee shall
make no claim of title or interest to said lands hereinbefore described by
reason of occupancy or use thereof, and all title and interest to said
land hereinbefore described is vested in the Lessor. The Lessee is prohibited from
including, or making any claim that purports to include, said lands
described or the Lessee's leasehold interest in said lands into any form
of private ownership, including but not limited to any form of condominium
or cooperative ownership. The
Lessee is further prohibited from making any claim, including any
advertisement, that said land, or the use thereof, may be purchased, sold,
or re-sold.” A
special lease condition has been added that will require the boat slip
rental agreement between the applicant and boat slip renters to also
clearly state the Board of Trustees’ ownership of the submerged lands at
the marina, and that the boat slip renter does not obtain any title to, or
interest in, sovereignty submerged lands. Pursuant to
section 18-21.004(4)(a), F.A.C., the 126-unit condominium would be limited
under the unit to slip ratio provision to a total of 40 slips, if the
docking facility was to be used solely in conjunction with the
condominium. The applicant
has agreed to a special lease condition limiting residents of the
condominium to no more than 40 slips, with 5 of those slips becoming
available upon build-out of the upland development, and providing that 18
slips will be available to the rest of the general public on a first-come,
first-served basis.
Another
Board of Trustees
Agenda – August 26, 2003
Page Seventeen ******************************************************************************* Item 10, cont. special lease
condition will require the applicant to provide annual reports to DEP
containing the names and addresses of all unit owners in Marbella, A
Condominium and of all boat owners using the docking facility, along with
the vessel registration numbers of all vessels using the docking
facility. These conditions
applicable to the unique circumstances of this particular project but
are considered to be consistent with previous Board of Trustees’
actions pertaining to similar types of projects, for example Pier 81 and the City of Punta
Gorda. As the project is not
considered to be ownership oriented, the applicant is not required to
provide a proprietary conservation easement along the shoreline pursuant
to 18-21.004(4)(a)1.e., F.A.C.
Since 90 percent of the slips will not be “open to the public, on a
first-come, first-served basis”, the marina facility does not qualify for
a 30 percent discount of the lease fee, pursuant to 18-21.0011(1)(b) 2,
F.A.C. Old
Pass Lagoon has experienced a decline in water quality dating back to the
early 1980’s. As a result of
these concerns, the Board of Trustees imposed on March 6, 1984, a
condition that future
developments on sovereignty submerged lands in Old Pass Lagoon must, not
only meet water quality standards, but must also have a Net Positive
Environmental Benefit (NPEB) to the
water quality in the lagoon. As a result of these concerns, a
pumping mechanism was installed in Old Pass Lagoon several years ago by
the Northwest Florida Water Management District. This mechanism pumps water from
the Gulf of Mexico into the lagoon during an outgoing tide forcing the
water in the lagoon out into the Gulf. This pump provides flow through
circulation in the lagoon, as the lagoon only has one opening. Monitoring by the City of Destin
on the effects of the pump on water quality in the lagoon is ongoing. The applicant has proposed as
their NPEB: (1) donation of $25,000 to the City of Destin Stormwater Fund
for the retrofit or replacement of the pumping mechanism, (2) retaining
the first inch of stormwater runoff on site rather the ˝ inch required
by DEP, (3) usage of concrete
dock pilings with mooring pilings treated with 21 Poly or pile-wrap. DEP staff is of the opinion that
the NPEB has been met by the applicant through the donation of $25,000 to
the City of Destin Stormwater Fund for the retrofit or replacement of the
Destin Harbor pump. DEP staff
believes that the increased retention of stormwater and usage of non-CCA
treated pilings are necessary for approval of the permit in order to
offset the impacts to the water quality in the lagoon, and this should not
be counted as part of the NPEB. DEP’s hydrographic engineering
section stated no objection to the project on October 21, 1999, as long as
the pump operates on a regular basis. DEP’s wetland
resource permit prohibits liveaboards and fueling facilities. Portable sewage pumpouts, as
required by the permit, will be provided. According to the July 21, 2003,
letter from the Florida Fish and Wildlife Conservation Commission (FFWCC),
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 and as a
special lease condition.
Okaloosa County is not one of the thirteen designated counties
earmarked by the Board of Trustees in 1989 to develop a manatee protection
plan. The existing “No Wake
Zone” sign located on the western portion of the property adjacent to the
shoreline will be relocated approximately 150 feet further west. FFWCC, Florida Marine Patrol, did not
object to the project or have any navigational concerns in a letter
received on July 18, 2003.
The Department of Community Affairs (DCA) stated in a letter
dated September 12, 2001, that the project was not considered to be a
Development of Regional Impact. In a letter dated December 3, 2001, DCA
offered no objections to the project. This project
was noticed as required by section 253.115, F.S., and one objection was
received. The objection
concerned the number of boats, wakes from boats, navigation, dredging, and
loss of view from the proposed project. DEP staff believes that the
concerns have been adequately addressed as follows: the applicant has reduced the
number of slips from 60 to 58; the entire harbor is a “No Wake Zone”; the
FFWCC has reviewed the project and has
not
Board of Trustees
Agenda – August 26, 2003
Page Eighteen ******************************************************************************* Item 10, cont. found it to be
a navigation hazard; DEP has no jurisdiction over the right to a “view”;
and no dredging is proposed.
The proposed
action is consistent with the original Development Order issued on August
27, 1999, the Board of Adjustment Final Order issued on January 5, 2000,
the Board of Adjustment Final Order issued on May 16, 2001, and the Third
Amendment to the Development Order issued on December 2, 2002, by the City
of Destin. (See
Attachment 10, Pages 1-40) RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE
CONDITIONS AND PAYMENT OF $14,475.10 ******************************************************************************* Item
11
Telecommunications Rule Amendments Adoption/Chapter 18-21,
F.A.C. DEFERRED FROM
THE AUGUST 12, 2003 AGENDA DEFERRED FROM THE JUNE 26, 2003
AGENDA
REQUEST: Consideration of a request to
adopt rule amendments to Chapter 18-21, F.A.C., regarding installation of
offshore telecommunication lines and conduits. COUNTY: Statewide APPLICANT:
Department of Environmental Protection (DEP)
(Telecommunications Rulemaking) STAFF
REMARKS: On December 11,
2002, the Board of Trustees approved publication of the proposed rule as a
“Notice of Proposed Rulemaking,” which was published in the January 31,
2003, Florida Administrative Weekly. The proposed rule will establish
telecommunication line special consideration areas in the coastal waters
of Palm Beach and Broward Counties; exclusion areas in Biscayne Bay
Aquatic Preserve, Biscayne Bay National Park, and Monroe County; statewide
application and easement fees; and delegation of decision-making authority
to staff for installations in special consideration
areas. A public
hearing on the proposed rule was held on February 13, 2003, in West Palm
Beach. At the public hearing,
staff proposed amendments to clarify the descriptions of gap locations,
the limits of sovereignty submerged lands within the territorial sea, and
the Biscayne Bay exclusion area.
Daniel Bates, representing Palm Beach County, recommended replacing
the Boynton Beach Gap with a gap offshore of South Lake Worth Inlet to
address beach sand source concerns.
In addition, the telecommunication industry requested clarification
that locating in a designated special consideration area is not required as an approval
condition. These recommended
changes were published in the Florida Administrative Weekly and on
the DEP’s Internet noticing site in a Notice of Change on May 30, 2003,
with a subsequent notice on June 13, 2003, to correct a scrivener's
error. Additional comments
received as a result of the public hearing are provided in the summary of
the public hearing. The
proposed rule was presented to the Board of Trustees June 26, 2003, at
which time staff was asked to reconsider not limiting the number of empty
conduits for each line approved and consider a revised fee as an incentive
to use special consideration areas. These changes are included
in the proposed rule, copy attached, that is recommended for adoption by
the Board of Trustees. The special
consideration areas offshore of Palm Beach and Broward Counties are
located at the northern extent of natural coral reef systems in North
America. Dr. Ray McAllister
(Professor Emeritus, Florida Atlantic University), under contract with
DEP, mapped the
Board of Trustees
Agenda – August 26, 2003
Page Nineteen ******************************************************************************* Item 11, cont. location of
twenty-one gaps in the third reef tract. The recommended gaps were selected
based on DEP staff underwater site inspections and consideration of the
following criteria: (1) equitable distribution of
landing sites along the coast and avoidance of a monopoly on upland
landing sites; (2) extent and quality of benthic resources within the
gaps; (3) size of the gaps; (4) Intracoastal Waterway crossing sites; (5)
possible horizontal directional drill staging areas; and (6) competing
uses of sovereignty submerged lands such as beach restoration and
nourishment borrow areas, artificial reefs, and military exclusion
zones. DEP staff
inspected the South Lake Worth Inlet Gap site recommended by Palm Beach
County and confirmed that it was preferred over the previously proposed
Boynton Beach Gap based on these same criteria. The following
is a summary of the rule amendments, with the proposed changes
incorporated: 18-21.003,
Definitions ·
"Telecommunication
line" is defined as any cable used for transmitting information, not just
fiber optic cables. 18-21.004,
Management Policies, Standards, and Criteria ·
Requires a
Federal Communications Commission cable landing
license. ·
Requires
documentation, in the form of a contract or letter of commitment,
demonstrating that an offshore telecommunication line will be installed
and connected to an upland distribution network. ·
Limits each
landing site to no more than six telecommunication lines and conduits
unless the applicant can demonstrate that the site will support a larger
number of such lines and conduits with minimum impact. However, installations using
subconduits within a conduit shall be allowed up to six subconduits and
one additional conduit. In no
case shall more than two conduits with subconduits be authorized until
such time as the capacity of one conduit is fully utilized for
telecommunication line installation. ·
Prohibits
installations on or under submerged lands within Biscayne Bay Aquatic
Preserve, Biscayne Bay National Park, and Monroe County, to protect reefs
in those waters. ·
Requires lines
to be directionally drilled under nearshore resources and to “punch out”
in an area that avoids or minimizes impacts. ·
Establishes
five special consideration areas: Ř
Lake Worth Gap
in northern Palm Beach County (1,672 yards wide) Ř
South Lake
Worth Inlet Gap in middle Palm Beach County (100 yards
wide) Ř
Delray Gap in
southern Palm Beach County (508 yards wide) Ř
Sea Turtle Gap
in southern Palm Beach County (154 yards wide) Ř
South Broward
Gap in southern Broward County (1,225 yards wide) 18-21.0051,
Delegation of Authority ·
Delegates
authority to staff to review and take final agency action on applications
for telecommunication lines in the special consideration areas, provided
the Board of Trustees receives notice and has an opportunity to request
the application be placed on the Trustees agenda. Installations outside of special
consideration areas remain subject to Board of Trustees’ final
action. 18-21.009,
Applications for Public Easement ·
Provides for
submission of a sketch, in lieu of a survey, for installations in special
consideration areas provided that an as-built survey and legal description
are submitted upon completion of construction. ·
Revises the
public noticing provisions for all public easements to reflect current
statutory requirements. ·
Requires a
$15,000 application fee for installation of any telecommunication line and
associated conduit, including installation of telecommunication lines in
previously authorized
empty conduits, and provides that the fee shall be revised annually based
on the Consumer Price Index.
Board of Trustees
Agenda – August 26, 2003
Page Twenty ******************************************************************************* Item 11, cont.
18-21.010,
Applications for Private Easement ·
Same
amendments as for Public Easements. ·
Provides that
a calculation, not payment, of the easement fee is required as part of the
application. 18-21.011,
Payments and Fees ·
Establishes a
private easement fee for
offshore telecommunication lines of $5.06 per linear foot for each line or
conduit installed for a ten-foot wide easement, and shall be increased
proportionally for easements of greater widths. The fee is based on a combination
of an appraised easement value for submerged lands and the enhanced value
for use of those lands, and is a one-time fee for the term of the easement
granted. A one-time easement
value fee of $0.06 for installations inside special consideration
areas. ·
The easement
fee will apply to renewals of private telecommunication line
easements. ·
The $5.06 and
$0.06 fee per linear foot private easement fee will be revised annually
based on the Consumer Price Index. This meeting
of the Board of Trustees serves as the final adoption hearing on the
proposed rule. Upon the Board
of Trustees' adoption of the proposed rule amendments staff will publish a
notice of change of the amendments that have not been published and
subsequently file the rule with the Department of State. The rule will become effective
twenty days after filing. (See
Attachment 12, submitted with the August 12, 2003
Agenda)
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