Title: Memo Re: The Florida Chamber's Environmental Permitting Short Course (Hypothetical Residential Development)
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004268/00001
 Material Information
Title: Memo Re: The Florida Chamber's Environmental Permitting Short Course (Hypothetical Residential Development)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Memo Re: The Florida Chamber's Environmental Permitting Short Course (Hypothetical Residential Development) (JDV Box 89)
General Note: Box 19, Folder 5 ( Chamber Growth Management - Water Wars - 1991 ), Item 2
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004268
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text








CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P. A.


GIDDINGS E. MABRY 1877-1966
O. K. REAVES 177- 1970
DOYLE E. CARLTON 1885-1972


ATTORNEYS AT LAW

TAMPA ORLANDO PENSACOLA TALLAHASSEE


EDWARD C AOKINS
THOMAS D.AITKEN
JAMES W ADULT
GEORGE BARFORD
DAVID A.BEYER
CHRISTINE K- BILODEAU
RUSSELL S. BOGUEIII
JOHN W. BOULT
FRANK C. BOZEMAN
J. DIXON BRIGERS. III
MARK A BROWN
DAVID P. BURKE
CHARLES J. CACCIABEVE
JORDON F. CAMENKER
STEPHEN M. CHRISTIAN
ROBERT L.ClOTTI
JOSEPH B.COFER
ANNE C. CONWAY
C.TIMOTHY CORCORAN, III
ROBERT W. COURTNEY
CHRIS S. COUTROULIS
JEFFREY A. CRAMER
F. MALCOLM CUNNINGHAM. JR.
JOHN J. CUNNINGHAM, JR.
EDWARD I. CUTLER
JAMES O. DAVIS, III
PAUL C. DAVIS


DAVID S. DEE
NATHANIEL L. DOLINER
DAVISSON F. DUNLAP
KATHLEEN S. EDWARDS
MICHEL G. EMMANUEL
NANCY J. FAGGIANELLI
RICHARD S. FREEDMAN
EDWARD W.GERECKE
LEONARD H. GILBERT
MARK E.GRANTHAM
JAMES A.GRESSER
CHRISTOPHER L.GRIFFIN
EURICH Z. GRIFFIN
W. DOUGLAS HALL
DONALD E.HEMKE
RUTH BARNES HIMES
J. BRADFORD HINES
TIMOTHY A. HUNT
THOMAS F. CARD. JR.
GREGORY G.JONES
JOHN P. KUDER
JOHN J. KUZINEVICH
JAMES M. LANDIS
HYWEL LEONARD
JOHN B. LIEBMAN
WILLIAM V. LINNE
A.BROADDUS LIVINGSTON


LEWIS STATE BANK BUILDING
POST OFFICE DRAWER 190
TALLAHASSEE, FLORIDA 32302
(904) 224-1585







January 11, 1985


RALPH P. MANGIONE
JOHN P. MCADAMS
J. ROBERT MCCLURE,JR.
RICHARD C. MCCREA, JR.
WILLAM F. McGOWAN JR.
GEORGE C.MCLARRY
GEORGE N. MEROS, JR.
WILLIAM JONES MILLER
WILLIAM D. MITCHELL
WRIGHT MOULTON
DAVID G. MULOCK
PERRY Y.NEWSON
EDWARD P. NICKINSON, III
MICHAEL F. NUECHTERLEIN
JOHN K. OLSON
WILLIAM C. OWEN
WILLIAM D. PALMER
BARBARA PANKAU
ROBERT W. PASS
JENNETH L.PEMBERTON
ROBERT M. OUINN
LILLIAN J. REYES
R. ANDREW ROCK
DEBORAH H.ROSS
PAUL A. SAAD
THOMAS D.SCANLON
LOUIS SCHULMAN


ROGER D.SCHWENKE
W. LAWRENCE SMITH
WM. REECE SMITH, JR.
THOMAS A. SNOW
STEVEN L.SPARKMAN
ROBERT M. STEELE
JARY V. STREITWIESER
ALAN C.SUNDBERG
CYNTHIA S.TUNNICLIFF
JAMES A. URBAN
JACOB D.VARN
ALAN F. WAGNER
SYLVIA H.WALBOLT
J. BRENT WALKER
LAWRENCE M. WATSON, JR.
LINDA F. WELLS
JAMES R.WILEY
ROBERT C.WILKINS,JR.
EDWIN L.WILLIAMSON,JR.
PETER J.WINDERS
JAMES D.WING
GEORGE N.WoOD
GWYNNE A.YOUNG
ROBERT L.YOUNG
GEORGE ZADOROZNY
PETER W. ZINOBER


MEMORANDUM


Mike Garretson
Phil Parsons
Ken Tucker
Suzanne Walker
Gerry Ward


FROM: Jacob D. Varn
David S. DeeZx


RE: The Florida Chamber's Environmental Permitting
Short Course






As you know, the Florida Chamber's Environmental Permitting
Short Course will be conducted on Wednesday and Thursday, January
16 and 17, 1985. On Thursday morning, we will conduct a group
discussion concerning a major residential development. To focus
our discussion, we have prepared a description of a "Hypothetical
Residential Development" (attached) which describes the proposed
site, the pertinent issues, and some relevant facts. As you will
see, the description of the "Hypothetical Residential
Development" contains enough information to raise a wide variety
of legal and practical issues.


This is merely a draft document that we prepared to
stimulate discussion. We would be delighted to modify this draft
to raise new issues in your respective areas of expertise. If
you have any suggestions, comments or questions about the draft,
please call us at your earliest convenience.


TO:









Memorandum
January 11, 1985
Page 2




To avoid unnecessary duplication, we would divide the issues
as follows:

1. Mike Garretson--DRI issues; coordination with local,
regional and state government.

2. Phil Parsons--wastewater treatment systems; groundwater
issues; stormwater treatment.

3. Ken Tucker--dredge and fill matters with the army Corps
of Engineers; sovereignty lands.

4. Suzanne Walker--dredge and fill matters with DER;
outstanding Florida waters; aquatic preserve. ,

5. Gerry Ward--coastal construction; DNR approvals;
consumptive use permits.

There will, no doubt, be considerable overlapping between
the issues. Please feel free to analyze all aspects of the
project so that you can supplement the comments made by the other
speakers.

Since we will have approximately 75 minutes, we should each
talk for approximately 10 minutes and we will reserve the last 15
minutes of the session for questions and answers.

This is a proposed format for our presentation. Please call
David Dee on Monday, January 14, 1985, to discuss this matter in
more detail. We will be glad to rearrange these assignments to
suit your interests.


ch/


cc: Chuck Littlejohn










01/11/85
DRAFT


HYPOTHETICAL RESIDENTIAL DEVELOPMENT

XYZ Development Corporation recently discovered a 5000 acre
tract of land for sale. XYZ Corporation wants its staff,
consultants and legal counsel to determine:

(a) whether XYZ should purchase part or all of the
property;

(b) whether any permits are required to develop the
property in the manner described below;

(c) whether XYZ will encounter any significant problems
obtaining the permits for its proposed development; and

(d) whether there are any alternative development proposals
that XYZ should pursue.

The property faces the Atlantic Ocean on the east and it is
divided by the Beautiful River from east to west. (See the
attached diagram). Beautiful River is an Outstanding Florida
Water from its headwaters to State Road 19. There are several
small islands at the mouth of the Beautiful River. These islands
lie within an aquatic preserve.

The property north of Beautiful River lies within Able
County (population 10,000). Access to the south side of
Beautiful River is provided by State Road 19, a four lane highway
which goes to Metropolis in Baxter County (population 150,000).

There are four freshwater lakes within the interior of the
site. Isolated Lake is an old sinkhole that receives the run-
off from the northwest corner of the property within Able County.
The County's old landfill is located 200 yards west of the lake.
Small Lake occasionally drains into Narrow Lake through a shallow
creek bed which frequently dries up. Narrow Lake flows into an
extensive savannah along the north side of Beautiful River. Big
Lake formerly flowed into a marsh on the south side of Beautiful
River; however, the local Mosquito Control District installed a
series of dykes and ditches in the 1940's to drain the marsh.
Isolated portions of the marsh still exist, but the excess flow
from Big Lake now goes through a drainage ditch and, when the
water level in the ditch reaches flood level, it spills over a
weir into Beautiful River.

An old marina is located on the south side of Beautiful
River. The marina had been used for the unloading and storage of
petroleum products, however, the storage tanks are now corroded
and abandoned. In the 1960's a channel was excavated from
Beautiful River through the marina and then into the upland
areas. The channel from the marina to navigable waters
subsequently filled with silt and seagrass. Although the marina
and the upland canals are still six to ten feet deep, the channel
from the marina into Beautiful River is only ankle deep.

The property was purchased from the Board of Trustees of the
Internal Improvement Trust Fund and then transferred through
various owners over a 40 year period. Although the deeds reserve
certain mineral interests for the state of Florida, the deeds do
not contain any express reservation of any interest in any lake
or river bottoms.

The current owner recorded plats between 1965 and 1975 for
most of the property north of Beautiful River, but only a few
people currently reside in the platted areas. On the south side
of the river, the owner requested and received Baxter County's
approval in 1980 for a large hotel and condominium development at
the marina. The owner then obtained financing and prepared


_~


--









detailed plans for the development. The owner has offered to
sell his rights and interests in the development to XYZ
Corporation, but a member of the Board of County Commissioners
has told XYZ Corporation that the Board may down-zone the
property at the marina.

The property can be purchased as a whole or in parcels of
100, 500, or 1000 acres. XYZ knows that it could readily sell
portions of the property to other independent developers for them
to develop as they please. XYZ Corporation also has its own
subsidiaries that could develop portions of the property. If XYZ
purchases all of the property, it would build a phased project
over the next 20-25 years.

XYZ Corporation would like to build condominiums along the
beachfront property. XYZ Corporation will provide beach access
by paving the dirt roads which now meander along the dunes. XYZ
also wants to build a 300' public fishing pier from the beach.

XYZ will dredge the mouth of the river to improve boating
access. The dredged material will be deposited on the beaches at
the mouth of the river.

XYZ Corporation wants to expand the marina. Moorings,
fueling facilities, and "live aboard" accommodations will be
provided. To develop the marina complex, XYZ must remove some
mangrove swamp, fill certain wetland areas, reinforce existing
bulkheads, build new bulkheads, and enlarge the channel from the
marina to the navigable waters of Beautiful River. In addition,
a restaurant will be built on the end of a pier extending out
over the water.

XYZ believes that a major hotel should be built at the
intersection of State Road 19 and Beautiful River.

XYZ Corporation also wants to build single family homes and
cluster dwellings on each of the lakes and on the river. XYZ
Corporation plans to build bulkheads along the entire waterfront
to protect the homeowners from flooding. The Corporation will
provide docks for the people who live in the cluster homes.

The marina complex would be served by a small wastewater
treatment plant which would discharge into the marshes that had
been isolated by the Mosquito Control District. All of the
development on the north side of Beautiful River will be served
by a central wastewater treatment plant. The effluent from the
plant will be used at a spray irrigation field which abuts XYZ's
property line. It will be approximately 100-150 feet from an
existing subdivision which is located off-site.

To maximize the amount of waterfront property, XYZ
Corporation wants to build several weirs and water control
structures between Beautiful River, Narrow Lake, and Small Lake.
The structures will raise the water level in the lakes and in the
creek between Narrow Lake and Small Lake.

XYZ Corporation has not yet determined whether to dig
shallow wells for the individual homeowners or establish a
central water supply well at the marina. Similarly, XYZ
Corporation has not decided whether to build its own landfill or
to utilize the county landfill. There is an available landfill
in Baxter County, but its capacity is very limited and it is more
than 15 miles from the site.

Able and Baxter Counties belong to different regional
planning counsels. Baxter County has zoning, a comprehensive
plan, and a DER approved local environmental pollution control
program. Able County has a comprehensive plan, but no zoning.
Nonetheless, the Board of County Commissioners of Able County are
opposed to new growth because they want to avoid the problems
that are being experienced in rapidly-growing Baxter County.




CouNTY


-Prcpv+1


aQurdJarr ;


O A4ce-A
I Ocei,


MCarsk


K


BARTERR


N


CouNTy


S.R. P?-I





Ls o a e)
Lcl \


ASLE




II
ii I
'
'


ii!
~


A5-


lt &erz^ _

Sr-eS Km UCL-VQ r
Cr.ac- coss / ^^^~c~c




-^ Yh


~- ~)L~- k_*ggC ~h~~eg "Va ( n


C f bs6--0 oQffltJU-


Lh~ L~&OAD


J-


C&a


4X'


- I C 1 0


&OjCv~` Ph~h


i i /
G(Lf~~SLt-e~Q
i i
i
; i i
i
i : s~s~--~~n~-


(27cp


I



i '
i i i
i :
i :
jji
II
Ij/


7~Ur,~) ~ iL-


- bl(F i- -~~
C~ P~ kPI
~c0,rdp-. ~~


- Syx> s-


+ AeG


ktCv-q


,P3) br/-b


4, J O'D


(L.-^a )


~Lit
i i i
I i i


1; %~


6w-1\


jo L -) I(r


f""~L


~~ckR, ~


0o- -C-~Gc~Jh"-~


t~-p ~
14"" -+t~'~"S
i : i


$--





j i
i I/
ijl
8
1/9 1~5~1 jtI ~'~-PLe
ijl
dil ZGIO-WDWC~k.


;~~~-- 4 eYIt A I~t


- T7. Am..


S1-Va-


pul52


Q ~ul~c8


u~p~i


0^V q' C


CLQQWrT,ZsTfr


c


4


iu-J~


re- CL Li
~ {^hpt ;s ^Js-ef- ^~ti\'-3-S>


:P


4


--~losk-pc~
I; c,
i>e


~ vql?&


i 1 '


Ic ONY-CDa
j
i / j
i
i




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs