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Item 1               Minutes

Submittal of the Minutes from the September 28, 1999 Cabinet Meeting.

(Attachment 1, Pages 1-3)

RECOMMEND        APPROVAL

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Item 2               WCI Communities Inc. & Communities Finance Corporation, LLC                                 Recommended Consolidated Intent

REQUEST: Consideration of an application for a 25-year extended term sovereignty submerged lands lease containing 64,027 square feet, more or less, for a proposed private multi-slip, residential docking facility.

COUNTY:           Palm Beach

                        Permit No. 50-05176-P

                        Application No. 020621-15

APPLICANTS:     WCI Communities, Inc. & Communities Finance Corporation, LLC

                        (One Watermark Marina)

LOCATION:         Section 22, Township 43 South, Range 43 East, in Lake Worth Lagoon, Class III Waters, within the city of West Palm Beach

                        Aquatic Preserve: No

                        Outstanding Florida Waters:  No

                        Designated Manatee County: Yes, without a manatee protection plan

                        Manatee Aggregation Area:  No

Manatee Protection Zone: Yes - Slow Speed, 25 MPH on Intracoastal      Waterway, year round

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 denial of both the permit required under part IV of chapter 373, F.S., and the authorization to use sovereignty submerged lands under chapter 253, F.S.  The Board of Trustees is requested to act on those aspects of the activity which require authorization to use sovereignty submerged lands.  If the Board of Trustees approves the request to use sovereignty submerged lands and the activity also qualifies for a permit, the South Florida Water Management District (SFWMD) 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, SFWMD will issue a “Consolidated Notice of Denial.”

The applicants are proposing to construct a 22-slip private multi-slip, residential docking facility (facility) to be used in conjunction with an upland 48-unit condominium (One Watermark Place) currently being constructed on the adjacent riparian uplands. The residential facilities located on the riparian uplands were previously authorized by permit 50-05176-P.  The facility is for exclusive use by the residents of the condominium.  The proposed facility will preempt approximately 74,861 square feet of submerged lands within the Lake Worth Lagoon, of which 64,027 square feet are sovereignty submerged lands, and the remaining 10,834 square feet are privately-owned submerged lands.  The facility will accommodate

                Board of Trustees

                South Florida Water Management District

                Agenda – September 30, 2003                    Page Two

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Item 2, cont

private recreation vessels ranging in size from 46 to 100 feet in length. The project area has sufficient water depth to accommodate the proposed vessels that will be using the facility, thus no dredging or filling other than that associated with piling and decking installation is proposed.  No liveaboard vessels, nor fueling or pump-out facilities are proposed, or will be authorized, at the site. 

The project is not expected to have adverse impacts to natural resources.  No seagrasses, or other significantly productive marine bottom were observed during site inspections.  Coordination with the Florida Fish and Wildlife Conservation Commission (FFWCC) indicates that manatees, while occurring within this general area, would not be adversely impacted by the proposed marina, provided the applicant implements the manatee protective measures recommended by FFWCC.  Palm Beach County is a designated manatee county without an approved manatee protection plan.  FFWCC has stated, “while a significant amount of effort was made in the 1990’s on development of a plan, no significant progress has been made to complete the process in recent years.”

The docking facility, as proposed, is considered an “ownership oriented” facility, pursuant to section 18-21.004(4)(a), F.A.C., and therefore, must meet specific rule criteria to be approved.  Pursuant to 18-21.004(4)(a)(1), F.A.C., the unit to slip ratio for the upland 48-unit condominium development limits the proposed facility to: (1) a maximum of 20 slips; or (2) the total preemption of sovereignty submerged lands to 16,872 square feet, whichever is less.  The applicants propose 22 slips and the preemption of 64,027 square feet of sovereignty submerged lands, which is not consistent with the rule.

Also, pursuant to section 18-21.004(4)(a)7, F.A.C., the applicant is required to place a conservation easement or other restriction along the affected riparian shoreline to prohibit additional docking facilities.  The applicants have indicated that they do not intend to give a conservation easement along the riparian shoreline, rather some other form of restriction.  To date, the applicants have not provided staff with the other form of restriction for consideration.  Therefore, the applicants do not comply with this rule requirement.

Section 18-21.008(2)(a), F.A.C., provides for extended term leases for uses of sovereignty submerged lands for periods up to 25 years, where the applicant demonstrates that: (1) the facility provides access to public waters or sovereignty submerged lands for the general public on a first-come, first-served basis; (2) the facility is constructed, operated or maintained by government, or funded by government secured bonds with a term greater than or equal to the requested lease term; or (3) the extended term is necessary to satisfy unique operational constraints.  The applicants have not met the requirements of 18-21.008(2)(a), F.A.C., because:  (1) the proposed facility is for the exclusive use of the condominium residents and not the general public; (2) the facility is not being constructed, operated or maintained by government, or funded by government secured bonds; and (3) the applicants have not provided evidence of having to satisfy a unique operational constraint. 

Even if the applicants demonstrate that the extended term is necessary to satisfy unique operational constraints, they do not qualify for the extended term, pursuant to Section 18-21.008(2)(b), F.A.C., because the proposed facility is not in compliance with all other provisions of chapter 18-21, F.A.C., applicable to the facility or use as stated above in regards to the “ownership oriented” nature of the facility.

In addition to the proposed docking facilities, the applicant proposes the donation of two parcels, with a combined area of approximately 42.30 acres, to the State. The subject parcels