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Cabinet
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AGENDA
BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
FEBRUARY 25, 1997
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Item 1 American Cyanamid Company, Inc. Option
Agreement/Saddle Creek Greenway Project
REQUEST: Consideration of an option agreement to acquire
338.4 acres from American Cyanamid Company, Inc., under the Preservation
2000 Greenways and Trails program and the Nonmandatory Land Reclamation
program.
COUNTY: Polk
APPLICANT: Office of Greenways and Trails
LOCATION: Sections 02 and 11, Township 28 South, Range
24 East
CONSIDERATION: $597,000 ($575,000 for the purchase of
the property; and up to $22,000 for reimbursement for survey costs
to American Cyanamid Company, Inc.) $170,000 of the $597,000
total consideration will be provided by the Nonmandatory Land
Reclamation Trust Fund, and the remaining $427,000 will be provided
by the Preservation 2000 Trust Fund, under the Florida Greenways
and Trails program.
Acres Appraised by Appraised by Approved Purchase Option
Hayes Marshall Value Price Date
12/21/95 12/08/95 ____________
338.4 $761,400 $675,000
$761,400 $575,000 May 30, 1997
STAFF REMARKS: The former Florida Rails-To-Trails program
was created by a resolution of the Governor and Cabinet on March
4, 1986, and enacted into law by the Florida Legislature in 1987.
In 1996, the Florida Legislature expanded the program's purpose
and re-named it the Florida Greenways and Trails program. The
purpose of the Florida Greenways and Trails program is to facilitate
the establishment of a statewide system of greenways and trails
by acquiring linear corridors, open space connectors and trails.
The Saddle Creek Greenway acquisition is the eleventh negotiated acquisition under the Florida Greenways and Trails (formerly Rails-To-Trails) program and the ninth acquired by this office under the Florida Preservation 2000 program. The acquisition consists of a 338.4-acre tract of land which, when purchased, will connect Tenoroc Fish Management Area and Saddle Creek County Park. This acquisition is intended to become part of a larger greenways system linking the Peace River with the Green Swamp.
The property is eligible for funding under the Department of Environmental
Protection's Nonmandatory Land Reclamation program as set forth
by section 378.036, F.S. This program provides state funds for
reclamation to properties that were mined for phosphate prior
to July 1, 1975. Of the 338.4 acres, 112 acres are mined-out
areas. The 112-acre tract was approved for funding through the
Nonmandatory Land Reclamation program on March 24, 1994. This
program will provide $170,000 in acquisition funds.
The property was also approved by the Florida Recreational Trails
Council for addition to the Florida Greenways and Trails (formerly
Rails-To-Trails) program acquisition list in September 1995.
The Preservation 2000 Trust Fund, under the Florida Greenways
and Trails program, will provide $427,000 in acquisition funds.
The acquisition will be a cooperative effort between the Nonmandatory
Land Reclamation program and the Florida Greenways and Trails
program.
There is a lease and four easements on the property. The lease and the four easements do not frustrate or inhibit the purpose of this acquisition. The appraiser considered the easements and indicated that they do not adversely effect the value of the property. Details of the lease and easements are as follows:
Board of Trustees
Agenda - February 25, 1997 Page Two
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Item 1, cont.
The option agreement provides for the survey and title insurance
to be provided by the seller. Upon closing, the seller will be
reimbursed for the survey costs not to exceed $22,000. The environmental
site assessment will be provided by the purchaser.
This acquisition is consistent with section 260.15, F.S., and
the property will be managed by the Florida Game and Fresh Water
Fish Commission as an addition to the Tenoroc Fish Management
Area. Additionally, 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 1, Pages 1-31)
RECOMMEND APPROVAL
Item 2 Florida Department of Military Affairs/City
of Jacksonville Conveyance
REQUEST: Consideration of a request to convey ten acres,
more or less, of state-owned land to the City of Jacksonville.
COUNTY: Duval
Deed No. 29880
APPLICANT: Florida Department of Military Affairs and
the City of Jacksonville
Board of Trustees
Agenda - February 25, 1997 Page Three
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Item 2, cont.
LOCATION: Section 01, Township 03 South, Range 25 East
STAFF REMARKS: On February 25, 1957, Duval County deeded
approximately ten acres in the City of Jacksonville to the Armory
Board, State of Florida, for operation of the Florida National
Guard Cedar Hill Armory. In 1967, title to the property was conveyed
to the Board of Trustees. Both deeds contain a reverter clause
stipulating that whenever the site is no longer used for military
purposes, the property will revert to Duval County.
The Department of Military Affairs is no longer using the property
and has requested that title to the ten acres be transferred to
the City of Jacksonville, as successor in interest by consolidation
with Duval County. The City of Jacksonville is also requesting
the transfer.
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 conveyances are not subject
to the local government planning process.
(See Attachment 2, Pages 1-13)
RECOMMEND APPROVAL
Item 3 Richard Knodel Option Agreement/Belle
Meade CARL Project
REQUEST: Consideration of an option agreement to
acquire 143.60 acres within the Belle Meade CARL project from
Richard Knodel.
COUNTY: Collier
LOCATION: Section 30, Township 50 South, Range 27
East
CONSIDERATION: $280,595
APPRAISED BY
REVIEW PARCEL (Dane) APPROVED PURCHASE OPTION
NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE
703001 384A Knodel 143.60
$315,920 $315,920 $280,595 05/31/97
STAFF REMARKS: The Belle Meade CARL project is ranked
number 3 on the CARL Priority Project List approved by the Board
of Trustees on February 13, 1996, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 17,987 acres, of which 8,006 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement and other agreements
in the Belle Meade project presented today, 9,806 acres or 55
percent of the project will remain to be acquired.
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 other encumbrances which 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.
A certified survey, an environmental site assessment and a title insurance policy will be provided by purchaser prior to closing.
Board of Trustees
Agenda - February 25, 1997 Page Four
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Item 3, cont.
The cypress swamps and old-growth slash pine flatwoods in the
Belle Meade project, extending to the fast-developing suburbs
of Naples, are still important for such endangered wildlife as
Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as part of the Picayune
Strand State Forest.
This acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 3, Pages 1-11)
RECOMMEND APPROVAL
Item 4 Tatum/Bertozzi/Farmer Purchase Agreement/Survey
Waiver/Belle Meade CARL Project
REQUEST: Consideration of (1) a purchase agreement
to acquire 31.90 acres within the Belle Meade CARL project from
Charles R. Tatum, Sandra J. Tatum, Robert E. Bertozzi, Wallace
O. Farmer and Melva J. Farmer; and (2) a request for survey waiver.
COUNTY: Collier
LOCATION: Section 06, Township 50 South, Range 27
East
CONSIDERATION: $55,500
APPRAISED BY
REVIEW PARCEL (Dane) APPROVED PURCHASE CLOSING
NO. NO. OWNER ACRES (11/28/95) VALUE PRICE DATE
703003 113 Tatum, et al 31.90 $57,420 $57,420 $55,500 6 months
after BOT
approval
STAFF REMARKS: The Belle Meade CARL project is ranked
number 3 on the CARL Priority Project List approved by the Board
of Trustees on February 13, 1996, and is eligible for purchase
under the Division of State Lands' Land Acquisition Workplan.
This project contains 17,987 acres, of which 8,006 acres have
been acquired or are under agreement to be acquired. After
the Board of Trustees approves this agreement and other agreements
in the Belle Meade project presented today, 9,806 acres or 55
percent of the project will remain to be acquired.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance provided by the
seller, to be obtained prior to closing, reveals any other encumbrances
which 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.
A waiver of the requirement for survey of this parcel is being requested pursuant to Board of Trustees
Agenda - February 25, 1997 Page Five
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Item 4, cont.
section 18-1.005, F.A.C., because, in the opinion of the Bureau
of Survey and Mapping, the parcel to be acquired meets all of
the following conditions:
While this parcel is being recommended for a waiver of survey
at this time, should the title commitment reveal a substantive
surveying or surveying related issue which impacts the parcel,
a certified survey will be provided by the purchaser prior to
closing. In the event a full survey
is waived, a professional land surveyor will inspect the property
for any visible evidence of improvements or potential boundary
issues. In cooperation with the managing agency, the Division
of State Lands will acquire any special purpose survey work necessary
for the effective management of the property.
An environmental site assessment will be provided by purchaser
prior to closing.
The cypress swamps and old-growth slash pine flatwoods in the
Belle Meade project, extending to the fast-developing suburbs
of Naples, are still important for such endangered wildlife as
Florida panthers, red-cockaded woodpeckers, and Florida black
bear. Belle Meade is also the watershed for Rookery Bay. The
Belle Meade CARL project will conserve the westernmost large natural
area in southwest Florida, protect some of the southernmost populations
of several rare animals, and help protect the quality of the subtropical
estuary of Rookery Bay by preserving the critical hydrological
connection from the flatwoods and swamps to the bay, while providing
a large area for recreation in a natural environment to residents
of and visitors to rapidly urbanizing southwest Florida.
This property will be managed by the Department of Agriculture
and Consumer Services, Division of Forestry as part of the Picayune
Strand State Forest.
This acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 4, Pages 1-11)
RECOMMEND APPROVAL
Item 5 James A. Kell Purchase Agreement/Survey
Waiver/Cayo Costa Island CARL Project
REQUEST: Consideration of (1) a purchase agreement
to acquire approximately two acres (eight lots) within the Cayo
Costa Island CARL project from James A. Kell, III; and (2) a
request for survey waiver.
COUNTY: Lee
LOCATION: Section 07, Township 44 South, Range 21 East
Section 12, Township 44 South, Range 20 East
CONSIDERATION: $62,400 Board of Trustees
Agenda - February 25, 1997 Page Six
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Item 5, cont.
APPRAISED BY
REVIEW (Bowen) APPROVED PURCHASE CLOSING
NO. OWNER ACRES (09/29/94) VALUE PRICE DATE
703002 Kell 2.00 $71,000 $71,000 $62,400 6 months after
BOT approval
STAFF REMARKS: The Cayo Costa Island CARL project
is ranked number 6 on the CARL Mega-Multiparcel Priority List
approved by the Board of Trustees on February 13, 1996, and is
eligible for negotiation under the Division of State Lands' Land
Acquisition Workplan. This project contains 1,932 acres,
of which 1,622 acres have been acquired or are under agreement
to be acquired. After the Board of Trustees approves this
agreement, 308 acres or 16 percent of the project will remain
to be acquired.
All mortgages and liens will be satisfied at the time of closing.
In the event the commitment for title insurance, provided by the
seller, to be obtained prior to closing, reveals any other encumbrances
which 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.
A waiver of the requirement for a survey of these parcels is being
requested pursuant to section 18-1.005, F.A.C., because, in the
opinion of the Bureau of Survey and Mapping, the parcels to be
acquired meet all of the following conditions:
While this parcel is being recommended
for a waiver of survey at this time, should the title commitment
reveal a substantive surveying or surveying related issue which
impacts the parcel, a certified survey will be provided by the
purchaser prior to closing.
An environmental site assessment may be provided by purchaser
prior to closing. A mass environmental site assessment was performed
on this project and no contaminants were discovered. Prior to
closing, the managing agency will perform a site inspection and,
as in prior purchases in this project, unless contaminants are
found, a site specific environmental site assessment will not
be performed.
Cayo Costa Island is a member of a chain of sandy barrier islands,
including North Captiva, which protects the entrance to Charlotte
Harbor, one of the largest and most productive estuaries in Florida.
The Cayo Costa Island project will protect the beaches, dunes
and hammocks of these islands--the largest barrier islands in
natural condition in southwest Florida--while giving the residents
and tourists a beautiful natural shore to enjoy for years to come.
This property will be managed by the Division of Recreation and
Parks as part of Cayo Costa State Park.
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 1-7)
RECOMMEND APPROVAL
Board of Trustees
Agenda - February 25, 1997 Page Seven
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Item 6 The Trust For Public Land (Eastern Sunrise
Land Corporation) Option Agreement/Avalon Addition Project
REQUEST: Consideration of an option agreement to acquire 4.42 acres within the Avalon Addition, Division of Recreation and Parks' Additions and Inholdings project from The Trust for Public Land (TPL).
COUNTY: St. Lucie
LOCATION: Section 03, Township 34 South, Range 40
East
CONSIDERATION: $60,000
APPRAISED BY
REVIEW (Fuller) APPROVED PURCHASE OPTION
NO. PARCEL ACRES (11/30/95) VALUE PRICE DATE
703004 Eastern Sun 4.42 $ 60,000 $ 60,000 $ 60,000 90 day after
BOT approval
STAFF REMARKS: The Avalon Addition project is ranked number
60 on the Division of Recreation and Parks' Additions and Inholdings
list. This agreement was negotiated by the Division of State
Lands (DSL) on behalf of the Division of Recreation and Parks
under the Additions and Inholdings Preservation 2000 program.
Pursuant to a multi-party acquisition agreement entered into between
DSL and TPL on March 27, 1996, TPL acquired this 4.42-acre
parcel from Eastern Sunrise Land Corporation for $60,000. If
this item is approved, staff will proceed with the closing of
this transaction.
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 other encumbrances which 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. Purchaser
shall reimburse seller for the cost of the title insurance after
closing.
A certified survey and environmental site assessment will be provided
by the purchaser prior to closing.
The property will be managed by the Division of Recreation and
Parks as an addition to the Avalon State Recreation Area.
This acquisition is consistent with section 187.201(10),
F.S., the Natural Systems and Recreational Lands section of the
State Comprehensive Plan.
(See Attachment 6, Pages 1-29)
RECOMMEND APPROVAL
Item 7 The Trust For Public Land (Brefrank, Inc.)
Option Agreement/Avalon Addition Project
REQUEST: Consideration of an option agreement to acquire
approximately 45.05 acres within the Avalon Addition, Division
of Recreation and Parks' Additions and Inholdings project from
The Trust for Public Land (TPL).
COUNTY: St. Lucie
Board of Trustees
Agenda - February 25, 1997 Page Eight
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Item 7, cont.
LOCATION: Sections 03 and 04, Township 34 South, Range
40 East
CONSIDERATION: $2,100,000
APPRAISED BY
REVIEW PARCEL Crahan Lawson APPROVED PURCHASE OPTION
NO. NO . ACRES (12/13/95) (07/03/96) VALUE PRICE DATE
703006 Brefrank 45.05 $2,200,000 $1,975,000 $2,200,000 $2,100,000 120 days after
BOT approval
STAFF REMARKS: The Avalon Addition project is ranked number
60 on the Division of Recreation and Parks' Additions and Inholdings
List. This agreement was negotiated by the Division of State Lands
on behalf of the Division of Recreation and Parks under the Additions
and Inholdings Preservation 2000 program. TPL only has an option
to acquire the property from Brefrank, Inc., and does not own
the fee simple title to the property. TPL's obligation to convey
the property to the purchaser is contingent upon TPL acquiring
fee simple title to the property prior to closing of this transaction.
TPL has an option to acquire 45.05 acres from Brefrank, Inc.,
for $2,600,000. An appraisal obtained by TPL valued the property
at $2,600,000. When TPL realized that the Board of Trustees'
offer would only be $2,100,000, they approached St. Lucie County
(County) for financial support. In order to meet the long range
goals for their Environmentally Endangered Lands program, the
County agreed to contribute $500,000 toward the purchase price.
TPL will acquire the property and then convey fee simple title
to the Board of Trustees for $2,100,000.
Two appraisals prepared by Jack Crahan, MAI and Philip Holden,
MAI were obtained on this property on December 13, 1995, and December
8, 1995, respectively, and were more than 30 percent divergent.
The values in these reports were $1,570,000 and $1,200,000, respectively.
This divergence occurred in the adjustment for Coastal Barrier
Resource Act (CBRA). Mr. Holden reduced the property's value
by 15 percent for CBRA while Mr. Crahan made no adjustments for
CBRA. Pursuant to section 18-1.006(5), F.A.C., DSL made the decision
to obtain a third appraisal. The third appraisal was prepared
by Doug Lawson, MAI, with a date of value of July 3, 1996. Mr.
Lawson's appraisal contained additional pertinent information
regarding the extension of utilities. When appraised by Crahan
and Holden, they each deducted the full cost for extension of
utilities ($680,000) from the value. The additional information
contained more precise estimates for the cost of utilities extension
as well as available impact fee credits. This information was
provided to the original appraisers and, based on the additional
data, both appraisers adjusted their opinions of value. Mr. Holden's
revised value is $1,685,000 and Mr. Crahan's revised value is
$2,200,000. In accordance with section 18-1.006(6)(c), F.A.C.,
when a third appraisal is obtained and approved, the two closest
appraisals are relied upon to determine the approved value. In
this case, the Crahan ($2,200,000) and Lawson ($1,975,000) estimates
are the closest.
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 other encumbrances which 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.
The purchaser shall reimburse seller for the cost of the title
insurance policy. This reimbursement is contingent upon a sale
of the property.
A certified survey will be provided by the purchaser prior to closing. An environmental site assessment will be provided by the seller prior to closing with the purchaser reimbursing the seller for the cost of the environmental site assessment.
Board of Trustees
Agenda - February 25, 1997 Page Nine
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Item 7, cont.
The property will be managed by the Division of Recreation and
Parks as an addition to the Avalon State Recreation Area.
The acquisition is consistent with section 187.201(10), F.S.,
the Natural Systems and Recreational Lands section of the State
Comprehensive Plan.
(See Attachment 7, pages 1-23)
RECOMMEND APPROVAL
Item 8 The Trust For Public Land (Lucie In The
Sky, Inc.) Assignment of Option Agreement/ Avalon Addition Project
REQUEST: Consideration of the acceptance of an assignment
of an option agreement to acquire 4.32 acres within the Avalon
Addition, Division of Recreation and Parks' Additions and Inholdings
project from The Trust for Public Land (TPL).
COUNTY: St. Lucie
LOCATION: Section 03, Township 34 South, Range 40 East
CONSIDERATION: $51,500 ($50,000 for the acquisition; $1,500
for the purchase of the option agreement)
APPRAISED BY
REVIEW Fuller APPROVED PURCHASE OPTION
NO. PARCEL ACRES (11/30/95) VALUE PRICE DATE
703005 Lucie In 4.32 $60,000 $60,000 $50,000 90 days after
The Sky BOT approval
STAFF REMARKS: The Avalon Addition project is ranked number
60 on the Division of Recreation and Parks' Additions and Inholdings
List. This agreement was negotiated by the Division of State
Lands (DSL) on behalf of the Division of Recreation and Parks
under the Additions and Inholdings Preservation 2000 program.
Pursuant to a multi-party acquisition agreement entered into between
the DSL and TPL, TPL has acquired an option to purchase this 4.32-acre
parcel from Lucie In The Sky, Inc. After this acquisition is
approved, the Board of Trustees will acquire the option from TPL
for $1,500, which represents TPL's costs 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 TPL is contingent upon the Board of Trustees
successfully acquiring the property from the owner. The assignment
of option agreement further provides that in no event will the
purchase price for the option and the purchase price of the property
exceed the DSL approved value of the property.
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 other encumbrances which 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.
A certified survey and an environmental site assessment will be provided by the purchaser prior to closing.
Board of Trustees
Agenda - February 25, 1997 Page Ten
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Item 8, cont.
The property will be managed by the Division of Recreation and
Parks as an addition to the Avalon State Recreation Area.
This acquisition is consistent with section 187.201(10),
F.S., the Natural Systems and Recreational Lands section of the
State Comprehensive Plan.
(See Attachment 8, Pages 1-31)
RECOMMEND APPROVAL
Item 9
BOR/FSU/BOT/Peters Purchase Agreement
DEFERRED FROM FEBRUARY 11, 1997
AGENDA
REQUEST: Consideration of a purchase agreement among the
Florida Board of Regents, Florida State University and the Board
of Trustees to acquire 0.19 acre from William F. and Jennifer
Lord Peters.
COUNTY: Leon
APPLICANT: Florida State University
LOCATION: Section 35, Township 01 North, Range 01 West
CONSIDERATION: $163,750
APPRAISED BY
REVIEW PARCEL #/ CARLTON APPROVED PURCHASE CLOSING
NO. SELLER ACRES (06/28/95) VALUE PRICE DATE
702003 72/Peters 0.19 $164,000 $164,000 $163,750
05/01/97
STAFF REMARKS: This acquisition was negotiated by Florida
State University (FSU). Funds for this parcel were appropriated
by the Florida Legislature and are still available.
The property contains a 3,490-square foot two-story duplex which
is approximately 49 years old. This structure will be removed
as soon as FSU obtains all of the necessary permits, after which
the area will be used for parking. Ultimately, the area is slated
for new construction with FSU's future expansion.
All mortgages and liens on the parcel 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 which
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. FSU will reimburse the seller for the cost of the
title insurance commitment and policy. The reimbursement shall
not exceed the minimum promulgated rate.
A certified survey of the property will be provided by FSU prior
to closing.
An environmental site assessment for the property will be provided
by the seller prior to closing, with FSU reimbursing the seller
for the cost of the environmental site.
Board of Trustees
Agenda - February 25, 1997 Page Eleven
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Item 9, cont.
This property will be managed by FSU as a part of the FSU campus
through a lease to the Florida Board of Regents.
This acquisition is consistent with section 187.201(01), F.S.,
the Education section of the State Comprehensive Plan.
(See Attachment 4, Pages 1-24 submitted February 11, 1997)
RECOMMEND APPROVAL
Item 10
Whitney's Sailcenter, Inc. (d/b/a Whitney's Marine) Recommended
Consolidated Intent
REQUEST: Consideration of (1) an application for a modification
of a five-year sovereignty submerged land lease to contain a total
of 126,228 square feet, more or less, for the expansion of a commercial
marina facility; (2) modification of an existing five-year sovereignty
submerged land lease by extending the term to 25 years; and (3)
authorization for the severance of 2,852 cubic yards of sovereign
material.
COUNTY: Clay
Lease No. 100008312
Application No. 10-287346-9
APPLICANT: Whitney's Sailcenter, Inc.
(d/b/a Whitney's Marine)
LOCATION: Section 44, Township 04 South, Range 26 East, on the St. Johns River, Class III Waters, within the local jurisdiction of the city of Orange Park, Clay County.
Aquatic Preserve: No
Outstanding Florida Water: No
CONSIDERATION: $34,790.86, representing:
(1) $11,154.66 as the initial lease fee computed at the base rate
of $0.1070 per square foot, discounted 30 percent because of the
first-come, first-serve nature of the facility, and including
the initial 25 percent surcharge payment for the additional area;
and (2) $23,636.20 as the one-time extended lease term payment
calculated at 2.5 times the lease fee. The project qualifies
for waiver of severance fee pursuant to section 18-21.011(3)(c),
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 seven
percent of the rental rate pursuant to section 18-21.011, F.A.C.
STAFF REMARKS: The Board of Trustees authorized a rule amendment on September 14, 1995, to "link" the two processes of regulatory and proprietary reviews and authorizations. The rule became effective October 12, 1995. As a result of this linkage, the recommended Department of Environmental Protection (DEP) regulatory permit decision and the recommendation to the Board of Trustees on the proprietary authorization are contained in one document, the "Consolidated Notice of Intent to Issue", which is attached. The attached consolidated intent contains a recommendation for issuance of a permit under Part IV of chapter 373, F.S., and a recommendation for granting authorization to use sovereignty submerged lands under chapter 253 F.S., for the activity described therein. This recommendation is provided to
Board of Trustees
Agenda - February 25, 1997 Page Twelve
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Item 10, cont.
the Board of Trustees pursuant to section 373.427(2), F.S. A
description of the requested activity is provided in Section I,
"Description of the Proposed Activity." The specific
basis for recommending approval of the authorization to use sovereignty
submerged lands is contained in Section III, "Background/Basis
for Issuance."
Approval by the Board of Trustees is requested only for 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 an environmental resource permit and no challenges are successful,
the Consolidated Notice of Intent will be issued and will contain
general and specific conditions. In the event the Board of Trustees
denies the use of sovereignty submerged lands, whether or not
the activity otherwise qualifies for an environmental resource
permit, the DEP will issue a "Consolidated Notice of Denial"
for both the environmental resource permit and the authorization
to use sovereignty submerged lands.
The applicant is proposing to expand an existing 76-slip commercial
marina facility by constructing 40 additional boat slips, thereby
creating a 116-slip facility. The expansion consists of constructing
(1) a 673.54 foot long x 10 foot wide floating concrete dock and
a 24 foot long x 4 foot wide gangway; (2) nine 40 foot long x
4.8 foot wide floating concrete finger piers off the floating
concrete dock and nine mooring pilings; and (3) eleven 30 foot
long x 4 foot wide fixed wooden finger piers off an existing fixed
concrete dock and eleven new mooring pilings. The applicant also
proposes to remove an existing 985-square foot fixed fishing/observation
pier from the existing lease area.
The existing sovereignty submerged land lease, approved by the
Department of Natural Resources on June 15, 1992, authorizes the
preemption of 63,655 square feet of sovereignty submerged lands.
The proposed removal of the existing 985 square foot fishing/observation
pier will reduce this preemption to 62,670 square feet. The proposed
addition is 63,558 square feet, for a new total of 126,228 square
feet. A January 2, 1997 site inspection confirmed that the existing
facility is in compliance.
The lessee is also requesting approval to modify the existing
five year, sovereignty submerged land lease by extending the term
to 25 years because of financial conditions. Because the lessee
is in compliance with the terms and conditions of the existing
lease (and since the proposed extended lease is consistent with
the extended lease term policy), staff recommends approval of
the requested lease modification.
All of the proposed slips will be maintained on an open to the
public, first-come, first-served basis and has been included as
a special lease condition.
The applicant is also proposing to dredge 2,852 cubic yards of
sovereign material to provide necessary water depths. The dredged
material will be barged to and disposed of at an existing publicly-owned
spoil disposal site controlled by the Jacksonville Port Authority.
Pursuant to section 18-21.011(3)(c), F.A.C., a waiver of the
dredge fees may be granted if the materials are placed on public
property and used for public purposes, or if the dredged material
has no economic value.
A 1978 Department of Environmental Regulation wetland resource
permit required sewage pumpout. The recommendations of the Division
of Marine Resources have been addressed in the environmental resource
permit. There are no seagrasses or submerged aquatic vegetation
within the proposed expansion area. The project was not required
to be noticed.
Board of Trustees
Agenda - February 25, 1997 Page Thirteen
*
Item 10, cont.
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 is 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 from the
Clay County Planning Department dated January 2, 1997.
(See Attachment 10, Pages 1-30)
RECOMMEND APPROVAL SUBJECT TO THE SPECIAL LEASE CONDITIONS,
AND PAYMENT OF $34,790.86
Item 11
Policy for Mitigation/Mitigation Banking on State-Owned Lands
REQUEST: (1) Conceptual approval of policy regarding the
use of Board of Trustees' lands for mitigation and mitigation
banking; (2) authority to proceed with rulemaking; and (3) approval
of a moratorium for mitigation banks on Board of Trustees' land.
LOCATION: Statewide
STAFF REMARKS: Many parcels of Board of Trustees' land
are in need of ecological restoration and these needs are detailed
in the approved unit management plans. In the regulatory arena,
many permit applicants have a need for wetland mitigation, i.e.
project mitigation, and that need is most successfully accomplished
via ecological restoration projects. Because there is a certain
congruity between the project mitigation and land management activities,
staff of the Board of Trustees (BOT) has for some time now, on
a limited basis, allowed project mitigation on Board of Trustees'
lands. A representative sample of these activities is provided
in the attached. Staff has allowed project mitigation on Board
of Trustees' lands because the restoration component of land management
activities and project mitigation activities is similar and because
the restoration needs on Board of Trustees' lands are extensive.
Therefore, it made good sense to allow project mitigation on
Board of Trustees' lands. To give the BOT an idea of the extent
of the needs on its lands, a preliminary listing of identified
restoration needs on Board of Trustees' lands is also attached.
In addition to this project mitigation activity, there is also
interest in utilizing Board of Trustees' lands for mitigation
banking. At this time, there are three approved requests (Little
Pine Island, Three Lakes and Tosohatchee) and two pending requests
(Lake Okeechobee and Overstreet) for mitigation banks on Board
of Trustees' land. The BOT approved the Little Pine Island bank
on May 15, 1995, as a pilot project, so that staff and the BOT
could learn from this new style of mitigation.
Staff has participated in a number of activities relative to project mitigation and mitigation banking including: (l) the adoption of the statutory language regarding mitigation banking; (2) the development of a joint review process in concert with the United States Army Corps of Engineers to streamline the process and increase the likelihood of consistent evaluations and decision-making regarding mitigation banks; (3) the development of a list of restoration needs for Board of Trustees' lands and criteria to identify good bank sites; and (4) the development of a policy regarding mitigation and mitigation banking on Board of Trustees' lands. The proposed policy was developed in cooperation with other state agencies which are Board of Trustees' land managers. The proposed policy and a summary of this policy are attached.
Board of Trustees
Agenda - February 25, 1997 Page Fourteen
*
Item 11, cont.
There are still a number of things which staff feels need to be
accomplished with regard to mitigation banking. The two most
important issues are: (1) the finalization of criteria so that
appropriate sites can be identified for banks; and (2) further
evaluation of the financial aspects of banking, including the
securities issue, to ensure that the financial requirements are
adequate. Staff has concluded that additional time is needed
to more fully evaluate these concerns and others, and therefore,
staff is recommending a moratorium for mitigation banks for at
least one year. Staff is presenting the proposed policy to solicit
guidance from the BOT. After public workshops are held and public
input obtained, staff will return to the BOT with further recommendations
and draft procedural rules.
If the BOT concurs with staff recommendations, no applications
for mitigation banks on Board of Trustees' lands will be processed
until the items identified in recommendation #3 of the policy
paper are complete. The two pending applications will not be subject
to the moratorium.
(See Attachment 11, Pages 1-39)
RECOMMEND APPROVAL