BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
FEBRUARY 7, 2000
Item 1 Minutes
Submittal of the Minutes of the December 14, 1999 Cabinet Meeting.
Substitute Item 2 2000 CARL Annual Report/2000 CARL Priority List
REQUEST: Consideration of (1) the 2000 Conservation and Recreation Lands (CARL) Annual Report of the Land Acquisition and Management Advisory Council (LAMAC); and (2) the 2000 CARL Annual Priority List.
APPLICANT: Division of State Lands, on behalf of the LAMAC
STAFF REMARKS: Pursuant to section 259.035(2)(a), F.S., the LAMAC adopted the 2000 CARL Annual Priority List of acquisition projects on December 9, 1999. This will be the final CARL Priority List to be submitted by the LAMAC to the Board of Trustees. On March 1, 2000, the LAMAC will be replaced by the Acquisition and Restoration Advisory Council, which will be required to submit a Florida Forever List to the Board of Trustees by the first meeting of the Board of Trustees in May of each year that Florida Forever bonds are to be issued. The 2000 CARL Annual Priority List consists of 94 projects ranked by the LAMAC in six groups: 32 Priority projects; 22 Bargain/Shared projects; 8 Substantially Complete projects; 7 Mega-Multiparcel projects; 10 Less-Than-Fee projects; and 15 Negotiation Impasse projects. Projects on the 2000 CARL Annual Priority List comply with the legislative intent of sections 259.101(4)(f), and 259.032(3), F.S. (1998 Supplement).
Ten projects included on the 1999 Annual and two Interim CARL Priority Lists are not included on the 2000 CARL Annual Priority List. The Everglades Agricultural Restoration Area, Julington/Durbin Creeks, Juno Hills, Mallory Swamp, Okaloacoochee Slough, Rookery Bay, Rotenberger/Seminole Indian Lands, Sebastian Creek, South Savannas, and Tequesta Circle projects are all calculated to be 90 percent complete and have been removed from the list; any remaining parcels in these projects can be acquired pursuant to section 259.032(8), F.S. Two of these projects (Tequesta Circle and Julington/Durbin Creeks) were added to 1999 CARL Interim Priority Lists, but they were completed before development of the 2000 CARL Annual Priority List and, therefore, removed from the Second 1999 CARL Interim Priority List.
Ten projects on the 1999 CARL Priority List were transferred from one group to another. The North Indian River Lagoon project was essentially a component of the Indian River Lagoon Blueway, which has parcels north and south of this tract. It is also on the Bargain/Shared list and, therefore, has been combined with the Indian River Lagoon Blueway project. Three projects (Cape Haze/Charlotte Harbor, Lochloosa Wildlife, and Spruce Creek) were transferred from other groups to the Substantially Complete group because a substantial portion of the acreage has been acquired and the remaining parcels within these projects do not have a substantive annual cost. And, six projects on the 1999 CARL Priority List [Allapattah Flats, Apalachicola River (Atkins tract), Cypress Creek, Hall Ranch, Lake Powell, and Putnam County Sandhills] were transferred from other groups to the Negotiation Impasse group because negotiations on the remaining essential or core parcels have been unsuccessful and have reached an impasse (or the owners are not willing to consider a sale).
Board of Trustees
Agenda – February 7, 2000 Substitute Page Two
Substitute Item 2, cont.
Seven new projects were added to the 1999 CARL Annual Priority List or combined with projects already on the list: Alford Arm (Leon County), Big Bend Swamp/Holopaw Ranch (Osceola County), Fisheating Creek (Glades/Highlands counties), Lecanto Sandhills (Citrus County), Ross Prairie Addition (Marion County), St. Joe Timberland (multi-counties), and Three Chimneys (Volusia County). Lecanto Sandhills was combined with the Annutteliga Hammock project in the Priority group and the Ross Prairie Addition was combined with the Longleaf Pine Ecosystem (Ross Prairie site) in the Priority group. Big Bend Swamp/Holopaw Ranch and Fisheating Creek were placed on the Less-Than-Fee list; while Three Chimneys and St. Joe Timberland were placed on the Priority list. The St. Joe Timberland project consists of discrete, individual tracts owned by the St. Joe Company that were extracted from within other CARL projects. The owners of this project plan to propose additions of other lands under their ownership to this project at a later date. The LAMAC also modified the project design boundaries (by adding or deleting acreage) of eighteen CARL projects in 1999: Alderman’s Ford Addition, Apalachicola River (Priority group), Atlantic Ridge Ecosystem, Caloosahatchee Ecoscape, Catfish Creek, Charlotte Harbor Flatwoods, Corkscrew Regional Ecosystem Watershed, Florida Keys Ecosystem (Ramrod Key), Florida’s First Magnitude Springs (Madison Blue Spring), Green Swamp, Ichetucknee Trace, Indian River Lagoon Blueway, Middle Chipola River (Priority group), Pal-Mar, Rotenberger/Seminole Indian Lands, South Walton County Ecosystem, St. Joe Timberland, and Wacissa/Aucilla River Sinks.
The 2000 CARL Annual Report and Priority List are consistent with section 187.201(10), F.S., the Natural Systems and Recreation Lands section of the State Comprehensive Plan.
Pursuant to section 259.04(1)(c), F.S., within 45 days after the LAMAC submits the CARL Priority List to the Board of Trustees, the Board of Trustees shall approve, in whole or in part, the list of acquisition projects in the order of priority in which such projects are presented. If approved, the Division of State Lands, in cooperation with staff of the LAMAC, will develop a workplan to acquire projects in priority order.
(See Attachment 2, Pages 1-2)
Substitute Item 3 Partial Release of Deed Restrictions and Reverter/City of Titusville
REQUEST: Consideration of a request from the City of Titusville for approval of a Partial Release of Deed Restrictions and Reverter for 560 square feet of land in Brevard County.
Deed No. 19204
APPLICANT: City of Titusville (City)
LOCATION: Section 35, Township 21 South, Range 35 East
Board of Trustees
Agenda – February 7, 2000 Substitute Page Three
Substitute Item 3, cont.
STAFF REMARKS: In 1946, the Board of Trustees transferred title to a 500-foot-wide strip of land encompassing State Road 119 (renumbered State Road 402 east of U.S. 1 and known as State Road 406 west of U.S. 1) to the State Road Department, now the Department of Transportation (DOT). A reverter in the deed stated that "… if hereafter, the land hereinabove described shall be abandoned for purposes, then the fee simple title hereby granted to the State Road Department shall automatically revert to the Trustees of the Internal Improvement Fund." The reverter did not state what "purpose," but because of the nature of the conveyance, road purposes were implied.
In 1981, DOT transferred its interest in the property to Brevard County pursuant to sections 335.04, and 337.29, F.S. On December 2, 1986, the Board of Trustees approved a corrective deed to insert the word "public" in the reverter clause to clarify the purposes for which the land could be used. The Board of Trustees also granted after-the-fact approval of the transfer of the property from DOT to Brevard County.
In 1989, Brevard County transferred that portion of State Road 119/402-406 known as the A. Max Brewer Memorial Parkway to the City. Recently, as a result of a survey on the surrounding property, an encroachment of 560 square feet was discovered on the right-of-way. The City has submitted a request that the Board of Trustees approve a partial release of deed restrictions and reverter in Deed No. 19204 for the release of 560 square feet to the City in order to clear the adjacent landowner’s title. Based on a review of recent sales information in the area by the Division of State Lands’ (DSL) Bureau of Appraisal, DSL staff is requesting payment of $3,000 for the partial release of deed restrictions and reverter.
The partial release of the deed restrictions and reverter will facilitate the acquisition of a gap in the City’s Space Walk of Fame. The City has unsuccessfully attempted to acquire a 50-foot- wide easement along the Indian River from the adjacent landowner. The adjacent landowner, Harbor Towne of Titusville, Ltd., has entered into a purchase agreement to convey the adjacent parcel to Gavin & Gavin Development Corp. However, the adjacent landowner has been unable to close on the contract due to the encroachment. According to the City, Gavin & Gavin Development Corp., upon closing on the adjacent property, has agreed to donate a 20-foot-wide easement along the Indian River to the City in order to continue the City’s Space Walk of Fame from the existing Apollo Monument along the Indian River to and across the A. Max Brewer Memorial Parkway.
DSL staff has reviewed the City's request and recommends a release of the deed restrictions and reverter for the 560 square feet because the City has indicated that the area is not needed for road right-of-way purposes.
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 the proposed action is not subject to the local government planning process.
(See Attachment 3, Pages 1-24)
Board of Trustees
Agenda – February 7, 2000 Substitute Page Four
Substitute Item 4 SunTrust Bank, Southwest Florida (d/b/a Orange Harbor Mobile Home Park) Lease Modification/Survey Waiver
WITHDRAWN FROM THE NOVEMBER 9, 1999 AGENDA
DEFERRED FROM THE AUGUST 12, 1999 AGENDA
DEFERRED FROM THE JUNE 8, 1999 AGENDA
DEFERRED FROM THE MAY 25, 1999 AGENDA
WITHDRAWN FROM THE JANUARY 26, 1999 AGENDA
REQUEST: Consideration of (1) a staff proposal for addressing the docks and piers associated with the individual lots at the Orange Harbor Mobile Home Park; (2) a modification of an existing five-year sovereignty submerged lands lease in accordance with a staff proposal to decrease the preempted area from 26,116 square feet to 1,984 square feet, more or less, for an existing commercial docking facility; (3) a consent of use for an existing boat ramp and two fishing piers associated with the mobile home park’s common areas; (4) a consent of use for existing docks and fishing piers associated with individual rental lots; and (5) a waiver of the survey requirement.
Lease No. 360009925
APPLICANT: SunTrust Bank, Southwest Florida, a Florida corporation, as Trustee
(d/b/a Orange Harbor Mobile Home Park)
LOCATION: Sections 34 and 35, Township 43 South, Range 25 East, in the Caloosahatchee River and the Orange River, Class III waters
Aquatic Preserve: No
Manatee Area idle/slow speed/caution zone: Yes
Outstanding Florida Waters: No
CONSIDERATION: $347 as the initial lease fee computed at the minimum lease fee. Sales tax will be assessed pursuant to section 212.031, F.S., if applicable.
STAFF REMARKS: On July 18, 1978, the Board of Trustees approved a sovereignty submerged lands lease containing 2,841 square feet, more or less, to construct and operate a commercial docking facility for the upland mobile home park. Under a delegation of authority (DOA), the lease was renewed and modified by the former Department of Natural Resources (DNR) on August 29, 1988, to include in the lease unregistered, grandfathered structures consisting of five finger piers and a marginal dock and boat ramp, increasing the lease area to 6,960 square feet.
From 1978 until 1994, individual Orange Harbor Mobile Home Park (Park) residents applied for and obtained regulatory exemptions from the former Department of Environmental Regulation and proprietary consent of use letters from DNR and the Department of Environmental Protection (DEP) for "single-family"-type docks. Section 18-21.005(1)(a), F.A.C., provides that docks that are exempt from regulatory permitting are exempted from any requirement to make application for consent of use, and such consent is granted by the Board of Trustees. In the applications from the Park residents, it was indicated that they were the riparian upland owners, and there were no clear indications of the rental nature of the mobile home park. Therefore, the applications were reviewed as if the structures were private, single-family docks associated with single-family lots, when in fact SunTrust Bank (Lessee) owned the uplands. The Lessee has indicated that responsibility for construction and maintenance of the individual docks was left to each waterfront resident.
Board of Trustees
Agenda – February 7, 2000 Substitute Page Five
Substitute Item 4, cont.
In 1994, a Park resident submitted an application for a boat lift at the dock located adjacent to his mobile home. The application revealed that he was not the upland owner, that in fact the Lessee owned the lots. Staff’s subsequent research of property records revealed that the mobile home park is owned entirely by the Lessee, without any individually-owned lots. Staff performed a complete shoreline inventory and contacted the Lessee, informing the Lessee that the lease must be modified to include all of the structures on sovereignty submerged lands adjacent to the park. The Lessee willingly complied with the requirement to modify the lease. Under a DOA, the lease was modified by DEP on June 5, 1995, to: (1) eliminate from the lease a marginal dock and four finger piers (six wetslips preempting 3,276 square feet) that were deteriorating and no longer needed by the Park because of lack of user demand; and (2) include in the lease all of the other structures built by the individual lot renters. These structures consisted of 31 fishing piers and 28 docks. This modification increased the lease area from 6,960 to 23,171 square feet. Lease fees in arrears for these structures were paid by the Lessee.
The lease was again modified by DEP under a DOA on January 21, 1998, to convert five of the fishing piers to docks, increasing the lease area to 26,116 square feet. The modified lease now accurately reflects all existing structures.
The overall facility currently consists of a four-slip docking facility and boat ramp at one of the mobile home park’s common areas, two fishing piers adjacent to two other common areas, and numerous individual docks and fishing piers, each adjacent to individual mobile home lots. A proposed lease modification was presented to the Board of Trustees on June 8, 1999, that would have: (1) converted 21 existing fishing piers to docks adjacent to individual mobile home lots by allowing mooring at the structures; (2) authorized some of the existing docks to be reconfigured or expanded; (3) authorized construction of new docks; and (4) included the area of sovereignty submerged lands between and around each dock. Item (4) was proposed to be included in the lease because in most instances this area is essentially preempted from public use. Section 18-21.003(38), F.A.C., defines preempted area to include the area of sovereignty submerged lands from which traditional public uses have been or would be excluded to any extent by an activity. The modified lease would have provided a total of 75 wetslips for exclusive use of mobile home park residents. The boat ramp and remaining two fishing piers would also remain for the exclusive use of mobile home park residents. The additional preempted area associated with the above modifications would have been approximately 168,290 square feet, resulting in an additional annual lease fee of $19,454.32.
Staff received 23 letters from Park residents expressing the following concerns: (1) the lease modification process entailed significant delays, preventing them from building or modifying their docks; (2) because they own the individual structures adjacent to their mobile homes, the structures are not commercial and therefore should not be subject to the lease requirement; and (3) because of item (2), lease fees should not be assessed on the docks and piers adjacent to individual lots.
At the June 8, 1999 Board of Trustees’ meeting, the Board of Trustees directed DEP to work with the park residents to develop a solution that would allow park residents to moor their vessels at existing structures until the lease modification issues could be resolved. On December 22, 1999, DEP and the Lessee entered into a Temporary Use Agreement (TUA) that allows the park residents to moor vessels outside of the existing lease area at existing docks. The TUA provides temporary authorization so that the Board of Trustees may decide the appropriate form of authorization for the residents’ docks at this mobile home park.
DEP has usually considered docking facilities at mobile home parks to be a "revenue generating/income related activity" as defined in section 18-21.003(44), F.A.C., and subject to a lease per section 18-21.005(1)(b)2, F.A.C. Typically, the park owner receives revenues from
Board of Trustees
Agenda – February 7, 2000 Substitute Page Six
Substitute Item 4, cont.
the rental of lots and/or the mobile homes. The availability of docks and piers and the ability to moor a boat can increase the amount of rent charged, and a specific "dock" fee may be assessed. However, in the case of the Park, the docks and piers take on more residential characteristics, because each individual rental lot supports a single-family residential structure owned by the lot renter. Docks and piers at "common areas" at the Park are similar to docks and piers at condominiums, in that use of the structures requires the user to be a park resident. The structures adjacent to the individual waterfront lots are similar to single-family docks and piers in that they are used solely by the individual homeowners who rent the lots, and the individual homeowners build and maintain the structures at their sole expense. The Park owner charges the same rental rates for waterfront lots with or without docks or piers and no specific fees are assessed for the existence or use of those structures.
Because of the previous authorizations given to the docks and piers adjacent to the individual lots at the Park, staff recommends that the Board of Trustees consider such structures adjacent to individual lots to be single-family docks or piers for the purpose of determining the form of authorization. Recognizing that the lots are rented to the individual homeowners and that these structures will remain on-site as home ownership changes, staff further recommends that the Park owner enter into a binding agreement, acceptable to the DEP, with each lot renter to authorize the individual lot renter to make application to build a dock or pier or to maintain a dock or pier at the lot renter’s expense. The agreement shall provide that the Park owner assumes responsibility for corrective actions and removal of these structures, if necessary, in the event the lot renter fails to make such corrective actions. In lieu of a binding agreement the Park owner and lot renter must be co-applicants for and co-holders of any proprietary authorizations. Structures that are solely for use by the Park residents, where no fees for use of the structures are assessed, and which are located adjacent to "common areas" of the Park shall be treated similarly to structures associated with condominiums [see definition for "ownership-oriented facilities," section 18-21.003(36), F.A.C.].
In order to ensure the continued residential nature of these structures, DEP will include special consent conditions providing that consent of use shall be invalid if higher rental fees are charged for lots with docks or piers, or if fees for use of the common structures are assessed. DEP is of the opinion that the above proposal represents a means of meeting the needs of the Park residents while serving the fiduciary responsibilities of the Board of Trustees.
If the Board of Trustees determines that the above recommendations are appropriate, they would affect the Park as follows. First, the docks and fishing piers adjacent to the individual mobile home lots would be considered residential, and be authorized by a consent of use. The lease would be modified to exclude these docks and piers. Second, the two fishing piers at the Park’s common areas would also be authorized by a consent of use due to the length of shoreline associated with the common areas, and therefore the lease would be modified to exclude these fishing piers. Third, because the existing four-slip dock at one of the Park’s common areas is controlled by the Park owner and the slips are rented to park residents, this structure would remain in the lease. Fourth, because the existing boat ramp next to the existing four-slip dock at one of the Park’s common areas is available for use by all of the Park residents at no charge, the boat ramp would be authorized by a consent of use. The resulting lease would include 1,984 square feet of sovereignty submerged lands, and the $347 minimum annual lease fee would apply. The Lessee and the Park residents have stated their concurrence with these recommendations.
The applicant has requested a waiver of the survey required by section 18-21.008(1)(a)4, F.A.C. On May 14, 1991, the Board of Trustees created a waiver of survey requirements for certain types of submerged lands leases and easements. The waiver applies to this lease, as recommended by DEP to be modified, because the lease area will be less than 3,000 square feet. Therefore, staff recommends approval of the survey waiver request.
Board of Trustees
Agenda – February 7, 2000 Substitute Page Seven
Substitute Item 4, cont.
An October 19, 1998, inspection showed that the applicant is in compliance with the existing lease. All fees are current through July 2000.
The DEP issued a letter to the Lessee, dated October 20, 1998, stating that the proposed additional docks and boat lifts were exempt from regulatory permitting requirements.
Recommendations from the Florida Fish and Wildlife Conservation Commission, Bureau of Protected Species Management, regarding manatee protection include requiring the Lessee to: (1) comply with the standard manatee protection construction conditions for all in-water construction; (2) install and maintain a manatee informational display; and (3) restrict use of the boat ramp to mobile home park residents. Item (1) will be addressed as a special consent condition in the consents of use granted for all future construction activities on sovereignty submerged lands. Item (2) is addressed by a special lease condition in the existing lease requiring the Lessee to maintain the existing manatee informational display throughout the term of the modified lease and any subsequent renewals. Item (3) will be addressed as a special consent condition in the consent of use for the boat ramp.
A local government comprehensive plan has been adopted for this area pursuant to section 163.3167, F.S.; however, the Department of Community Affairs (DCA) determined that the plan was not in compliance. In accordance with the compliance agreement between the DCA and the local government, an amendment has been adopted which brought the plan into compliance. The proposed action is consistent with the adopted plan as amended according to a letter received from Lee County.
(See Attachment 4, Pages 1-6)
RECOMMEND APPROVAL OF (1) THE STAFF PROPOSAL REGARDING DOCKS AND PIERS ASSOCIATED WITH INDIVIDUAL LOTS AT THE MOBILE HOME PARK; (2) THE MODIFIED LEASE IN ACCORDANCE WITH THE STAFF PROPOSAL, SUBJECT TO RECEIPT OF $347; (3) A CONSENT OF USE FOR THE BOAT RAMP AND TWO FISHING PIERS AT THE PARK’S COMMON AREAS SUBJECT TO A SPECIAL CONSENT CONDITION; (4) A CONSENT OF USE FOR THE EXISTING DOCKS AND PIERS ASSOCIATED WITH THE ADJACENT UPLAND MOBILE HOMES SUBJECT TO A SPECIAL CONSENT CONDITION; AND (5) THE SURVEY WAIVER;