ESTABLISH A COMMUNITY ) CASE NO. 81-1818DRI DEVELOPMENT DISTRICT PURSUANT )
A public hearing was held in the above-captioned matter, after due notice, at Tampa, Florida, on September 9, 1981, before Thomas C. Oldham, Hearing Officer.
For Petitioner: Robert S. Schumaker, Esquire
The public hearing was held pursuant to Section 190.005(1) (b) , Florida Statutes, upon the Petition of Deltampa, Inc., to establish a community development district in Hillsborough County, Florida.
Appropriate notice of the hearing, as required by Section 190.005(1)(b) , F.S., was published for the requisite four-week period immediately prior to the hearing (Exhibit 3). No representatives of affected units of general-purpose local government or members of the general public were present at the hearing.
Petitioner presented the testimony of two witnesses, James Apthorp, Vice President for Corporate Affairs, Deltona Corporation; and Robert Motchkavitz, project engineer. Petitioner also submitted seven exhibits in evidence at the hearing.
No other persons or organizations sought to intervene as parties or to present oral or written comments on the Petition.
Petitioner, Deltampa, Inc., a Florida corporation and wholly owned subsidiary of the Deltona Corporation, a Delaware corporation, is the owner of approximately 5,408 acres of property located in northern Hillsborough County, Florida. (Testimony of Motchkavitz, Exhibit 4)
Petitioner proposes to develop its property into a functionally interrelated residential community called Tampa Palms, which will ultimately consist of approximately 13,500 single-family and multiple-family dwelling units, a regional shopping center, an industrial park, golf courses, parks and related recreational facilities, commercial and office facilities, and educational facilities. (Testimony of Motchkavitz; Exhibits 1, 6)
The proposed name of the new district shall be the Tampa Palms Community Development District, and its external boundaries are set forth in the Legal Description at Exhibit 4. (Exhibit 4-5)
The Tampa Palms development is planned to be constructed over a period of 20 years in four phases of five years each. The total area to be developed consists of approximately nine square miles of which some 60 percent or about 3,000 acres will involve low-density housing or open space, parks, and golf courses. Residential development will take place over 1,651 acres or about 30 percent of the site. A full range of community support facilities planned to meet the needs of the residents will include two school sites, 20 park sites, six church sites, two fire station sites, and two public facility sites, totalling about 300 acres or some six percent of the site. There will be 3,000 single-family residential units and about 10,500 multiple-family units. Density of the 1,650 acres of residential development will be approximately 8.5 units per acre, with 2.2 units per acre for single family units. Maximum density in the multifamily area will be 35 units per acre, and overall density for the entire site is projected to be 2.5 units per acre. (Testimony of Motchkavitz, Exhibit 1A)
The site in question is a contiguous parcel which is bordered on the east generally by the lower Hillsborough River flood detention area and the proposed 1-75 right-of-way for the interstate highway which is under construction at the present time. The Hillsborough River runs across the southern portion of the site and Cypress Creek, an ill-defined, non-navigable water course, is on the western portion of the site. The site is approximately
10 miles northeast of Tampa. The property is bisected diagonally northeast to southwest by State Road 581. Interstate highway 1-75 passes by the property at the northwest corner and will eventually merge with the 1-75 Tampa bypass north of the site. The City of Tampa Morris Bridge Water Treatment Plant is located adjacent to the property at the northeast corner on a 60-acre site donated to the city by Deltona and will provide service to residents of Tampa Palms. Hooker's Point Wastewater Facility has a force main within one mile of Tampa Palms and will service the proposed community. The University of South Florida is located immediately to the south of Petitioner's site. (Testimony of Motchkavitz; Exhibits 1, 5)
A proposed industrial area will be located in the northeast corner of the property consisting of approximately 75 acres. It is contemplated that only light industry of a research and development type will be conducted there. Additionally, about 150 acres in that general area will be used for shopping centers, hotel, and office facilities. (Testimony of Motchkavitz; Exhibits 1, 6)
Potable water for the future residents of Tampa Palms will be supplied by the City of Tampa, which operates a water treatment plant adjacent to the northeast corner of the proposed development. Non-potable water will be developed by on-site wells to supply irrigation water to the proposed golf courses. The city water treatment plant has sufficient capacity to supply adequate water supplies to the estimated peak population of 31,700.
Off-site wastewater treatment will be provided by the City of Tampa advanced wastewater treatment plant at Hooker's Point. No septic tanks will be used at the Tampa Palms development. Wastewater will be collected by a central system and pumped off site for treatment.
Solid waste generated by the development will be collected twice weekly by the Hillsborough County Solid Waste Control Department and will be disposed of at a county landfill site. (Testimony of Apthorp; Exhibits 1, 6)
The Hillsborough River has a history of flooding in periods of high water and heavy rainfall in the area surrounding Tampa. Several years ago, the Southwest Florida Water Management District and the Corps of Engineers entered into a program called the Lower Hillsborough Flood Detention Program which would attempt to restrict the flooding downstream by acquiring some 17,000 acres to the east of the Tampa Palms site, and constructing a dam at the southeast corner of the Tampa Palms property. It is an open structure through which the river flows in normal conditions, but has the capability of being closed in periods of high water and creating a temporary impoundment. This system also includes a levee which parallels the eastern side of the development site, thus providing flood protection from that direction.
To prevent flooding of the site from the Cypress Creek system on the west, Petitioner plans to construct an earthen levee along the western boundaries of its property in a north-south direction and laterally across the northern border in an easterly direction until the elevation is sufficient to preclude flooding problems. The structure will have a maximum height of about six feet in the southernmost section and be as high as only two to three feet in the northern portions. It will have a freeboard or additional dirt belt above the 500-year flood level of Cypress Creek of one-and-a-half feet. The levee will have a 10-foot wide top and a six to one foot slope. It will be sodded and grassed to prevent erosion. There will be several drainage structures throughout the levee to allow drainage from the property to pass into Cypress Creek when the waterway is at a low flow level. These will consist of culverts with gate structures which will require monitoring and continuing maintenance to be performed by Petitioner or its successors.
Petitioner plans an extensive drainage system for its property to maintain the integrity of the wetlands areas and to prevent pollution and excessive surface runoff into the Hillsborough River.
The proposed drainage system for the project will consist of a network of 15-foot wide grassy swales adjacent to streets and rear yards from which runoff will flow into wetlands or lakes, and then through storm water structures to ultimate outfall into the Hillsborough River. The system is designed to permit drainage by gravity through extensive areas of natural vegetation to remove pollutants and result in approximately the same flow into receiving waters as existed prior to development of the property. Some 180 acres of lakes will be created from areas dredged to secure fill for the development. All lake areas will be deeper than six feet to lessen the establishment of aquatic plants and will be monitored for water quality as necessary. About twenty 50-foot long concrete seawalls will be built near the lakes to impound water, thereby creating additional storage, and equipped with piping which will allow the water to slow the drain down after storm events. It is anticipated that such controlled structures will eliminate the potential for any flood-type impacts to downstream users and allow more contact time with natural wetland vegetation. The drainage system will be operated and maintained by Petitioner until such time as an acceptable and qualified public entity assumes such responsibilities. (Testimony of Motchkavitz, Exhibit 14)
Fire and police protection will be provided to the proposed district by Hillsborough County. In addition, the County will provide for solid waste collection and issuance of building permits. (Testimony of Motchkavitz, Exhibit 1)
Pursuant to application of the Deltona Corporation on November 8, 1979, for approval of a development of regional impact pursuant to the provisions of Section 380.06, F.S., the Hillsborough County Board of County Commissioners, by Resolution adopted October 1, 1980, issued a Development Order approving the application, subject to various conditions. In the Development Order, the Board of County Commissioners concluded that the development would not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the area and was consistent with local land development regulations, and with the report and recommendations of the Tampa Bay Regional Planning Council. (Exhibit 7)
By Resolution dated May 6, 1981, the Board of County Commissioners expressed its opinion that Petitioner should continue its efforts to establish a community development district for the Tampa Palms development and specifically found that:
The creation of a community develop- ment district in conjunction with the development of Tampa Palms is not, in the Board's opinion, inconsistent with the approved Hillsborough County Com- prehensive Land Use Plan or other local land use regulations, and
A community development district appears, in the Board's opinion, to be the best alternative available for delivering to and maintaining the com- munity development services and facil- ities in the Tampa Palms area, and
The services and facilities to be operated and maintained by the proposed district do not appear to be, in the Board's opinion, incom- atible with the capacity and uses of existing and proposed local and regional community development ser- vices, and
The Tampa Palms development, due to its size and location and the extent of community services and facilities to be created within the development appears to be, in the Board's opinion, amenable to separate special district government. (Exhi- bit 2)
The five persons designated to serve as initial members of the Board of Supervisors of the proposed community development district are Frank E. Mackle, III; Richard F. Schulte, William I. Livingston, Paul M. Schaefer, and Edward G. Grafton. It is intended that they shall serve as the Board of Supervisors until replaced in accordance with Section 190.006, F.S. (Petition)
The following ultimate findings are made based upon the testimony and documentary evidence adduced at the hearing:
All statements contained within the Petition have been found to be true and correct. (Testimony of Apthorp)
The creation of the district is not inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. This finding is supported by the Development Order and subsequent Resolution issued by the Hillsborough County Board of County Commissioners. (Exhibits 2, 7)
The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. This finding is supported by the previous findings of fact concerning the size of the proposed district and the fact that the 5,400 acres are in one contiguous parcel.
The district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. This finding is supported by the Development Order issued by the Hillsborough County Board of County Commissioners and its subsequent Resolution acknowledging that a community development district would be the best alternative available for such purposes. Hillsborough County is presently not in a position to provide many of the essential services required by a community of the contemplated size of Tampa Palms, including but not limited to public streets and an extensive surface water management system. The proposed development will result in a substantially self-contained community which will be comprehensively planned so as to provide necessary services required by its residents. A community development district will be in a position to provide reliable operation and maintenance of those services and facilities not otherwise conducted by the County or other appropriate unit of local government. (Exhibits 2, 7)
The community development services and facilities of the district will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed development of the property is scheduled, in accordance with the terms of the County Development Order, to coincide with the provision of essential area services which will not be provided by the district. (Exhibits 2, 7)
The area that will be served by the district is amenable to separate special-district government. This finding is supported by the foregoing findings of fact which establish that the nature and location of the proposed Tampa Palms development would be facilitated and best served by the establishment of a separate special-district government under all of the facts and circumstances.
CONCLUSIONS OF LAW
In 1980, the Legislature adopted the Uniform Community Development District Act of 1990, Chapter 190, Florida Statutes. The Act is intended to establish and enforce a policy as to the management and financing of community developments and their growth by controlled, economic, orderly and timely development of basic community services or infrastructures, compatible with local, regional, and state policies, and to assess the costs of development directly against those benefited. The 1980 Act replaced the former New Communities Act, Chapter 163, Part V, F.S., which was determined by the Legislature not to have been an effective instrument to promote new community development. Section 190.002(1)(d) , F.S.
The Act authorizes the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, to create a community development district to finance, maintain, and operate major improvements necessary for community development through the rule adoption procedures contained in Chapter 120, F.S. District powers are provided in the Act, as well as requirements relating to disclosure and reporting of district financial obligations and operations, district accountability to local government, and duration and termination procedures.
Under the Act, planning, permitting, and other regulatory requirements are separate and distinct from the decision to create a community development district. The rule creating a community development district is not a development permit or order, and all federal, state and local government planning, permitting, and other regulatory requirements must be adhered to by any development within a community development district. Section 190.004(3), F.S.
Land use decisions are not an issue in a proceeding to create a community development district pursuant to Chapter 190, F.S. The rulemaking procedure focuses only on those factors necessary to be considered in creating a special district financing mechanism to implement governmental land use authorization. Section 190.002(2)(c) , F.S.
Section 190.005(1)(c) , F.S., provides that:
The Florida Land and Water Adjudicatory Commission shall consider the record
of the hearing and the following fac- tors and make a determination to grant or deny a petition for the establish- ment of a community development dis- trict:
Whether all statements contained within the petition have been found
to be true and correct.
Whether the creation of the dis- trict is inconsistent with any applicable element or portion of the state com- prehensive plan or or the effective
local government comprehensive plan.
Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be develop-
able as one functional interrelated community.
Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district.
Whether the community develop- ment services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community develop- ment services and facilities.
Whether the area that will be served by the district is amenable
to separate special-district government.
Section 190.005(1)(d) , F.S., provides, in part, as follows: A rule establishing a community develop-
ment district shall:
Describe the external boundaries of the district and any real property within the external boundaries of the district which is to be excluded.
Name five persons designated to be the initial members of the board of supervisors.
Name the district.
The Petition as filed complies with the requirements of law, and the evidence of record affirmatively demonstrates that Petitioner has satisfactorily met the criteria contained in Section 190.005(1)(c) , F.S., for establishment as a community development district.
of Deltampa, Inc., and adopt a rule which will establish the Tampa Palms Community Development District, pursuant to Section 190.005(1), Florida Statutes.
DONE and ENTERED this 20th day of October, 1981, in Tallahassee, Florida.
THOMAS C. OLDHAM
Filed with the Clerk of the Division of Administrative Hearings this 20th day of October, 1981.
Robert S. Schumaker, Esquire Deltona Corporation
Honorable John T. Herndon Secretary, Florida Land and
