Oscar Scherer State Park is in Sarasota County. A local Sector Plan was proposed adjacent to the park requesting an increased density development. The park, as an adjacent property owner realized there was a legal opportunity for park staff to work with the county, local citizens and the developer to reduce the impacts of the development on the park. Out of this partnership came the Blackburn Point Sector Plan that was adopted by Sarasota County as a local ordinance.
The Blackburn Point Sector Plan (BPSP) did much to protect the park and provide guidance regarding how developments can be designed to be habitat and wildlife friendly. One of the most critical elements of the Sector Plan is the “Notice of Proximity”. This notice is recorded in the deed or rental agreement on all properties within the Sector Plan boundaries. It puts all property owners on notice that the park is within close proximity and that there are certain practices such as prescribed fire (and thus smoke and increased fire risk), pesticide usage, heavy machinery usage, removal of exotic plants and animals that take place in the park. The notice states that these property owners or renters shall be deemed to have knowledge of this notice and shall be deemed to have consented to these resource management practices.
Further, the plan requires:
- Adjacent developments to use materials and colors that help to camouflage the appearance of buildings, fences and other structures to reduce their visual impact on park visitors.
- Stormwater ponds along the park boundary to minimize the impact of feral and domestic cats and conversely may help to discourage intrusion of wildlife into the backyards of residents.
- Buffers of native vegetation.
- Attention to wildlife friendly lighting – “Dark Skies Lighting”
This model provides a good example of cooperative effort between communities and developers and could easily address additional resource protection measures, such as:
Ø water conservation
Ø use of reclaimed water
Ø development-wide use of native vegetation
Ø elimination or reduction of the use of pesticides and fertilizers
Ø energy conservation
Ø expanded perimeter buffers of native vegetation
Ø homeowner involvement in park management and fund-raising
Ø interconnections between park and development greenways
Ø environmentally benign building materials
Ø educational programs
Ø Construction and landscaping that blends with the native habitat.
A. Sarasota County Smoke Corridor Ordinance
U.S. 41/Blackburn Point Road Villade Activity Center Sector Plan No. 89-02-SP
Conditions for Development Approval:
- The respective property owner/developer, their successors or assigns of all parcels east of U.S. 41 contained within the attached Recommended Future Land Use Plan labeled Figure 13, shall cause to be recorded to the Public Records of Sarasota County, Florida, a Notice of Proximity to the existence of the Oscar Scherer State Recreation Area.
- Said Notice shall be in substantially the same form as attached hereto as Exhibit A. Said Notice shall contain metes and bounds descriptions of the entire Parcels D, E, F, G, and H which will have been prepared by a licensed Florida Land Surveyor. Said Notice shall be recorded at the time of the recording of a final plat or condominium plat survey and which O.R. Book and Page shall be set forth within such plat.
- Said Notice shall also be required as a part of all Deed Restrictions and Condominium Documents.
- Said Notice shall indicate the Oscar Scherer State Recreation Area’s right to the following: continuing current resource management practices to include but not be limited to ecological burning, exotic plant and animal removal, usage of heavy equipment and machinery and other practices as may be deemed necessary for the proper management of the Oscar Scherer State Recreation Area. Also included shall be a reference that Department of Natural Resources regulations and policies substantially restrict mosquito control in the Oscar Scherer State Recreation Area.
- Said Notice shall also be referred to in all deed and or property restrictions within Parcels D, E, F, G, & H in the Sector Plan, and said Notice shall be subject to review by Florida Department of Natural Resources legal staff.
1. NOTICE OF PROXIMITY TO OSCAR SCHERER STATE RECREATION AREA/CONSERVATION EASEMENT
This Notice date this ______ day of, 200X, and entered into the public record by and, as owners of the property described as:
SEE ATTACHED EXHIBIT I
(Insert description of subject property owned within Planning Area)
WHEREAS, it is the intent of this Notice to make known to the public-at-large that the property described in Exhibit “I” attached hereto is located in close proximity to the property known as the Oscar Scherer State Recreation Area/Conservation EasementWHEREAS, it is further the intent of this notice to advise potential tenants and purchasers of subdivision property located within the boundaries of the property described in Exhibit “I” attached hereto, that said property is in close proximity to the Oscar Scherer State Recreation Area/Conservation Easement.
NOW, THEREFORE, the general public and those parties specifically purchasing or
leasing property within the area described in Exhibit “I” attached hereto are hereby notified that:
1. The subject property described in Exhibit “I” attached hereto is located in close proximity to the Oscar Scherer State Recreation Area/Conservation Easement.
2. This Notice is to further advise potential purchasers or tenants of property described in Exhibit “I” attached hereto that the proximity to the Oscar Scherer State Recreation Area/ Conservation Easement may result in said purchasers or tenants being affected by: continuing current resource management practices to include but not be limited to ecological burning, pesticide usage, exotic plant and animal removal, usage of heavy equipment and machinery and other practices as may be deemed necessary for the proper management of the Oscar Scherer State Recreation Area/Conservation Easement.
3. The nature and extent of the effects of the operations of the Oscar Scherer State Recreation Area which shall include: All management practices as contained within the document entitled “Ecological Burn Plan Oscar Scherer State Recreation Area” adopted on April 3, 1990, and which may be amended from time to time.
4. All property owners which take title to property within the boundaries as described in Exhibit “I” attached hereto, or tenants who may occupy the premises within the boundaries described in Exhibit “I” attached hereto, shall be deemed to have constructive knowledge of this Notice due to its recordation in the Public Records of Sarasota County, Florida, and further shall be deemed to have consented to said resource practices, including ecological burning, pesticide usage, exotic plant and animal removal, usage of heavy equipment and machinery and other practices as may be deemed necessary for the proper management of the Oscar Scherer State Recreation Area/Conservation Easement by the recording of a Warranty Deed or other instrument of conveyance, conveying the property within the boundaries in Exhibit “I” attached hereto, or by executing an occupancy agreement and delivering same to the owner of property contained within the boundaries of the property described in Exhibit “I”, their successors or assigns.
IN WITNESS WHEREOF, the owners have hereunto set their hands and seals this _____ day of _______, 200X __. STATE OF FLORIDA COUNTY OF SARASOTA
I HEREBY CERTIFY that on this day before me, an office duly qualified to take acknowledgements, personally appeared and ___________________, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed same.
WITNESS my hand and official seal in the County and State last aforesaid this ______ day of ________, 200X. NOTARY PUBLIC
My Commission Expires: (Notary Seal)
