PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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INDIAN RIVERSIDE PARK REVISED PRESERVE AREA AND US SAILING CENTER LEASE AGREEMENT
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EXECUTIVE SUMMARY:
executive summary
Request for a revised preserve area for the Indian RiverSide Park and Amended and Restated Lease Agreement with the United States Sailing Center of Martin County, Inc.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden
Title: Principal Planner
REQUESTED BY: Martin County Parks and US Sailing Center
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Indian RiverSide Park (Park) encompasses approximately 66 acres of waterfront property along the Indian River Lagoon in Jensen Beach. The site includes several public amenities including: boat ramps, museums and historical buildings, pavilions and shoreline access, and also includes the area leased by the County to the United States Sailing Center of Martin County, Inc. (USSC).
Revised Preserve Area
The Park has an abundance of natural resources ranging from wetlands and fresh water ponds to upland vegetation and shoreline habitat. The original preserve area was approved in September of 2000. This preserve area did not include the USSC lease area or the public boat ramp and parking now located on the north end of the Park. In September of 2001, the site plan and preserve area for the USSC lease area was approved. In 2008, the park master plan and preserve area were revised to include the bridge and road connection from the USSC lease area to the north end of the Park. Also, in 2008, construction of the boat ramp and parking facility on the north end of the Park was started.
The USSC has applied for an administrative amendment to its site plan. During review of the amendment it was determined that an amendment to the preserve area was also needed to make it consistent with the rest of the Park and to include a shoreline access plan. The revised preserve area and shoreline access plan identifies areas for public use and principal access to the lagoon. The shoreline protection zone is part of the preserve area, and the revised preserve area and shoreline access plan proposes a consistent fifty-foot shoreline protection zone along the entire Park shoreline. Currently, the shoreline protection zone widths along the shoreline of the Park vary based on past site plan approvals and the rules in effect at the time. The revised preserve area and shoreline access plan will make the shoreline protection zone width consistent for the entire Park. Other details in the preserve area and shoreline access plan identify and categorize shoreline uses within the shoreline protection zone. For example, existing developed areas such as sidewalks, the northern boat ramp, and areas used by the USSC for boat storage are classified as ‘active use’ areas. Shoreline uses such as pedestrian use or USSC boat launch areas are classified as ‘passive use’ areas. The revised preserve area and shoreline access plan will enable the USSC administrative amendment to be finalized.
Pursuant to Section 4.36.C, LDR, Martin County Fla., addressing alteration of preserve areas: “There shall not be any alteration of the size, shape or design of a previously approved preserve area without approval by the Board of County Commissioners. An applicant shall make a written request for alteration of a preserve area including the reason for the request and the extent of the alteration. The Growth Management Department Director shall make a recommendation to the BCC regarding the need for the change and the restoration or enhancement necessary to compensate for the alteration. Amendments to a PAMP or alteration of a preserve area must meet all of the requirements of the original PAMP.”
Environmental staff of the Growth Management Department is developing a consolidated Preserve Area Management Plan (PAMP) combining the three existing PAMPs for the Park including the USSC lease area and boat ramp area into one document. The consolidated PAMP encompassing the entire Park will be beneficial to the Parks Department and environmental staff for managing the Park’s varied landscape, environmental issues and the uses determined for the Park and lease areas. The consolidated PAMP will include the revised preserve area and shoreline access plan and will meet the applicable requirements of all Martin County Code, including the Land Development Regulations and Comprehensive Growth Management Plan. The consolidated PAMP will be part of the Development Order for the administrative amendment and will become the PAMP for the Park, superseding the three existing PAMPs.
Amended and Restated Lease Agreement
1. Lease Prepared By: Martin County and USSC
2. Parties to the Lease: USSC, Lessee
Martin County, Lessor
3. Purpose of the Lease: Extended term and updated terms and conditions
4. New/Renewal/Modified: Modified
5. Duration of the Lease: Through April 16, 2060
6. Benefits to Martin County: Continued use of County property to benefit the community by
providing a community sailing program and Small Boat Olympic Sailing Training Center
7. Cost to Martin County: None
Martin County and USSC entered into a Lease Agreement in 2000. Since that time, USSC has occupied the site, providing sailing opportunities to the community and hosting regattas that garner worldwide attention. The terms and conditions of the Lease and the Exhibits to the Lease are all being updated to reflect current conditions and to extend the term of the Lease 25 years.
The Amended and Restated Lease Agreement includes the Development Order and Landscaping Plan as Exhibits. These documents will be approved as part of the administrative amendment to the site plan. Approval of the Amended and Restated Lease Agreement is requested contingent upon the approval of the administrative amendment to the site plan.
ISSUES:
There are no outstanding issues with this application or the Amended and Restated Lease Agreement.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the agenda item and all its attachments as Exhibit 1.
2. Move that the Board approve the revised preserve area and shoreline access plan.
3. Move that the Board adopt the Resolution approving the Amended and Restated Lease Agreement with the United States Sailing Center of Martin County, Inc. contingent upon approval of the administrative amendment to the site plan, and attachment of the revised Development Order and Landscaping Plan as Exhibits to the Lease.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☒Other:
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