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IN RE: RULEMAKING TO ESTABLISH BELLALAGO COMMUNITY DEVELOPMENT DISTRICT vs *, 02-001119 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001119 Visitors: 25
Petitioner: IN RE: RULEMAKING TO ESTABLISH BELLALAGO COMMUNITY DEVELOPMENT DISTRICT
Respondent: *
Judges: D. R. ALEXANDER
Agency: Office of the Governor
Locations: Kissimmee, Florida
Filed: Mar. 19, 2002
Status: Closed
Recommended Order on Tuesday, June 11, 2002.

Latest Update: Feb. 14, 2003
Summary: The issue is whether the establishment of the Bellalago Community Development District meets the applicable criteria set forth in Chapter 190, Florida Statutes.Petitioner satisfied all statutory criteria for establishing a community development in Osceola County.
02-1119.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


IN RE: RULEMAKING TO )

ESTABLISH BELLALAGO COMMUNITY ) Case No. 02-1119 DEVELOPMENT DISTRICT. )

_______________________________)


REPORT TO THE FLORIDA LAND AND WATER ADJUDICATORY COMMISSION


Pursuant to Section 190.005(1)(d), Florida Statutes, Donald R. Alexander, Administrative Law Judge, conducted a public hearing on May 10, 2002, in Kissimmee, Florida, for the purpose of taking testimony and public comment and receiving exhibits on the Petition of Avatar Properties, Inc. to establish the Bellalago Community Development District.

APPEARANCES


For Petitioner: Julie P. Kendig-Schrader, Esquire

Greenberg Traurig, P.A.

450 South Orange Avenue Suite 650

Orlando, Florida 32801-3383 STATEMENT OF THE ISSUE

The issue is whether the establishment of the Bellalago Community Development District meets the applicable criteria set forth in Chapter 190, Florida Statutes.

PRELIMINARY STATEMENT


This case began on February 28, 2002, when Petitioner, Avatar Properties, Inc., requested the Florida Land and Water

Adjudicatory Commission to adopt a rule to establish the Bellalago Community Development District. The proposed rule is attached to this Report as Appendix C. The matter was forwarded to the Division of Administrative Hearings on March 18, 2002, with a request that an Administrative Law Judge conduct a public hearing. By Notice of Hearing dated April 2, 2002, a public hearing was scheduled in Kissimmee, Florida, on May 10, 2002.

Petitioner presented five witnesses and offered into evidence Petitioner's Exhibits 1-19, which were admitted without objection. The names and addresses of the witnesses are listed in Appendix A attached to this Report, and the exhibits are listed in Appendix B. No other persons or entity presented any witnesses or exhibits. No members of the public provided any comments.

The Transcript of the local public hearing was filed with the Division of Administrative Hearings on May 23, 2002. The original Transcript and hearing exhibits are transmitted with this Report.

FINDINGS OF FACT


Based upon all of the evidence, the following findings of fact are determined:

  1. The Bellalago Community Development District


    1. The Bellalago Community Development District (the Bellalago CDD) is proposed to be a special purpose unit of local government located in Osceola County (County), Florida. It will consist of approximately 1,313 acres, and the development is proposed to be a mixed use development that will include an upscale residential component of approximately 2,300 units.

    2. As special-purpose local governments, community development districts (CDDs) such as the Bellalago CDD possess certain general legal powers similar to cities and counties, such as the right to enter into contracts, to acquire and dispose of real and personal property, to adopt rules and regulations to govern its operations, and to obtain funds either by borrowing, issuing bonds, or levying non-ad valorem assessments and taxes. CDDs also have certain special powers relating to basic public improvements and community facilities such as roads, parks, and water management facilities. CDDs such as the proposed Bellalago CDD do not have other powers common to cities and counties including land planning, zoning, and police powers. This is why the proposed Bellalago CDD is considered a "special-purpose" government.

    3. The Bellalago CDD is proposed to finance and construct limited off-site roadway improvements, an extensive

      and interconnected storm water pond system, and sewer and water lines. It will also be responsible for mitigation associated with the Bellalago Development.

  2. Contents of the Petition


    1. On March 1, 2002, Petitioner, Avatar Properties Inc. (Petitioner), filed with the Florida Land and Water Adjudicatory Commission a Petition for Rulemaking to Establish a Uniform Community Development District (Petition). Previously, on February 28, 2002, Petitioner had submitted the Petition with attachments to Osceola County.

    2. The Petition proposes the establishment of the Bellalago CDD. The Petition alleges that the land to be served by the proposed CDD is located in the County and consists of approximately 1,313 acres. Exhibit 2 of the Petition provides the metes and bounds legal description of the Bellalago CDD. Exhibit 5 of the Petition reveals that the land to be served by the proposed CDD is a single, contiguous parcel without enclaves.

    3. The Petition alleges that the owner of all of the land to be included in the proposed CDD has given written consent to the establishment of the Bellalago CDD. Exhibit 3 of the Petition contains documentation constituting written consent of the landowner to the establishment of the CDD.

    4. The Petition designates five persons to serve on the initial Board of Supervisors.

    5. Exhibit 4 of the Petition states a proposed timetable and schedule of estimated costs for the construction of the proposed facilities. Total costs projected for the construction period of January 1, 2003, to January 1, 2011, are $35,096,425 for the master stormwater system, off-site roadway improvements, utilities infrastructure, and mitigation.

    6. Exhibit 5 of the Petition is a designation of the future general distribution, location, and extent of public and private uses of land within the CDD.

    7. Exhibit 6A of the Petition is the Future Land Use Map (FLUM) of the Osceola County Comprehensive Plan. Exhibit 6B to the Petition is the Future Land Use Element and Appendix

      2.130 of the adopted Osceola County Comprehensive Plan.


    8. Exhibit 7 of the Petition is a Statement of Estimated Regulatory Costs.

  3. Procedural Issues


    1. Petitioner paid $15,000 to the County on February 28, 2002, as filing fees, pursuant to Section 190.005(1)(b), Florida Statutes.

    2. The land to be included within the proposed CDD is contained wholly within the boundaries of the County. The

      land within the external boundaries of the proposed CDD is neither contained within, nor contiguous to, the boundaries of any municipality or any other County. On May 10, 2002, the Osceola County Board of County Commissioners (Board) held an optional local public hearing on the proposed CDD. The Board passed a resolution in support of the proposed CDD as it is specifically proposed in the Petition (that is, financing and constructing off-site roadway improvements, stormwater management system, sewer and water lines, and mitigation) although no written resolution was provided at the local hearing.

    3. Petitioner advertised the local public hearing conducted by the Division of Administrative Hearings in an appropriate local newspaper in the four weeks immediately prior to the local public hearing.

  4. Summary of Evidence from the Local Public Hearing


  1. At the local public hearing on May 10, 2002, Petitioner presented the testimony of Anthony S. Iorio, Vice President of Development for Avatar Properties Inc.; Carey Garland, an Associate in the firm of Fishkind & Associates; Larry Walter, President of the consulting civil engineering, land surveying & planning firm of Hanson, Walter & Associates, Inc.; John Adams, Planner with the firm of R.J. Whidden &

    Associates; and Gary Moyer, Vice President of Severn Trent Services, Inc.

  2. Anthony S. Iorio is the Vice President of Development for Avatar Properties Inc. Written, direct testimony of Mr. Iorio was prefiled on May 8, 2002. Mr. Iorio described Bellalago as a 1,313-acre mixed-use development that is planned for 2,300 residential units. Mr. Iorio confirmed that the statements in the Petition were true and correct.

  3. Mr. Iorio testified that the proposed CDD was the best available alternative for delivery of proposed services to the development. He further pointed out that Petitioner had evaluated several alternative methods for delivering community services and facilities to the Bellalago Development

    – specifically County delivery and private delivery by the developer or a property owner’s association.

  4. Mr. Iorio established that the County, either directly or through a dependent special district, would not be the best alternative for the provision of services to the Bellalago Development. The County has substantial demands over a broad geographic area which places a heavy management load on its staff and any financing by the County, including through a dependent special district, would count against the County's bonding capabilities and further limit the County's

    ability to provide infrastructure to other portions of the County.

  5. Private means for delivering community development services and facilities include delivery through a master neighborhood-type property owners association or by a private developer, and either can satisfy the demand for focused service, facilities, and managed delivery. However, neither can assure a long-term perspective, act as a stable provider of services and facilities, or qualify as a low-cost source of financing; a property owners association could provide staffing and decision-making for these services and facilities, but such associations lack the capability to issue bonds or other forms of long-term debt. Therefore, neither the developer nor an association could effectively finance the necessary infrastructure.

  6. Petitioner could provide community development services and facilities by utilizing long-term financing from private lenders. However, such financing would be more expensive than financing through a public entity; in addition, a private developer generally is not a long-term stable entity which can maintain necessary facilities.

  7. Mr. Carey Garland, Associate in the firm of Fishkind & Associates, was qualified without objection as an expert in economic analysis and forecasting in general and in relation

    to community development districts. Written, direct testimony of Mr. Garland was prefiled on May 8, 2002.

  8. Mr. Garland summarized the economic analyses in the Statement of Regulatory Costs contained in Exhibit 7 to the Petition (Statement). Mr. Garland drafted the Statement. The Statement satisfies the requirements of Section 120.541, Florida Statutes. Mr. Garland opined that the establishment of the Bellalago CDD will have no adverse cost impact on any affected party, and that the cost impact to the State and County is minimal and largely offset by the $15,000 filing fee.

  9. Mr. Garland also opined that the establishment of the Bellalago CDD would result in no negative economic impacts on future residents of the CDD or small businesses in the area.

  10. Mr. Garland testified that all of the statements that he authored in the Petition and the Statement were true and correct.

  11. Larry Walter, President of the consulting civil engineering, land surveying, and planning firm of Hanson, Walter & Associates, Inc., was qualified without objection as an expert in civil engineering, capable of rendering opinions on community development districts. Mr. Walter’s written, direct testimony was prefiled on May 8, 2002.

  12. Mr. Walter confirmed that each statement in the Petition regarding engineering issues is true.

  13. Mr. Walter reviewed the applicable portions of Osceola County’s Comprehensive Plan and concluded that the proposed CDD is not inconsistent with that plan and the County Land Development Code. More specifically, he opined that the Public Facility section of the Osceola County Comprehensive Plan dealing with potable water, sanitary sewer, and drainage is applicable to the proposed Bellalago CDD and that the proposed CDD is not inconsistent with those specific elements.

  14. Mr. Walter found that, from an engineering viewpoint, the proposed CDD is of sufficient size, sufficiently compact, and is sufficiently contiguous to be developable as a functionally interrelated community.

  15. Mr. Walter endorsed the proposed CDD from an engineering standpoint as the best means of delivering the community development services and facilities to the land area within the CDD. Based on his extensive experience in the County, Mr. Walter concluded that there is no alternative mechanism available to perform the functions proposed to be performed by the Bellalago CDD, specifically the installation of the infrastructure for the development. Mr. Walter’s analysis encompassed home owners and property owners associations and municipal services taxing units.

  16. Mr. Walter further concluded that the proposed CDD services will be compatible with the capacity and uses of existing local and regional community development services and facilities primarily because there are no other service providers in the area of the district.

  17. Finally, Mr. Walter testified that the area to be included in the proposed district is amenable to a special district government.

  18. John Adams, Planner with the firm of R. J. Whidden & Associates, was qualified without objection as an expert planner with the ability to testify regarding state and local comprehensive planning and land development regulations, particularly with respect to CDDs.

  19. Mr. Adams adopted the written, direct testimony of Robert J. Whidden that was prefiled on May 8, 2002, as his own. Mr. Whidden had a family emergency that precluded him from testifying at the local hearing. Mr. Adams assisted

    Mr. Whidden in the preparation of the prefiled testimony and thus was able to affirm as to its accuracy.

  20. Mr. Adams also reviewed both the State’s Comprehensive Plan and Osceola County’s Comprehensive Plan and concluded that the establishment of the CDD would not be inconsistent with either of those plans.

  21. The land uses surrounding the proposed Bellalago CDD are as follows: to the east is the natural boundary of Lake Tohopekaliga; to the north is Suburban Overlay; to the north/south is Suburban Overlay; to the south/west is Suburban Overlay; to the south and southeast is Rural/Agricultural and Conservation associated with a large wetland system; and to the west are the vested land uses of the Poinciana PUD which includes Medium Density Residential, Low Density Residential, Commercial, and Office and Industrial uses. Mr. Adams indicated that the approved land uses surrounding the CDD are consistent with the establishment of the Bellalago CDD. The basis for his opinion is that the establishment of the Bellalago CDD would facilitate infrastructure required for the development and that the proposed development is essentially an infill project. Approval of the CDD would be consistent with the logical pattern of growth in an area where infrastructural elements are existing or planned and would direct growth to an urbanizing area rater than leaving a remnant island of agricultural lands surrounded by urban areas.

  22. Mr. Adams confirmed that all statements contained in


    the Petition regarding planning issues were true and correct.


  23. Mr. Adams also found that the proposed CDD is of sufficient size, sufficiently compact, and is sufficiently

    contiguous to be developable as a functionally interrelated community. The Bellalago Development is the subject of a preliminary development agreement which was issued by the Department of Community Affairs on January 8, 2002, and a pending application for development approval as a development of regional impact.

  24. Mr. Adams concluded that the CDD is the best alternative available for the delivery of community development services to the Bellalago Development.

  25. Mr. Adams established that the CDD is amenable to separate special district government.

  26. Gary Moyer, Vice President of Severn Trent Services, Inc., which is a management consulting firm representing over

    100 CDDs throughout Florida, was qualified without objection as an expert in the operation and management of community development districts.

  27. Mr. Moyer confirmed that the statements in the Petition were true and correct.

  28. Mr. Moyers opined that the establishment of a CDD is the best alternative available for providing infrastructure to the Bellalago Development. The basis for Mr. Moyer’s opinion is that there are three methods of providing infrastructure and the continual maintenance of same: (1) general-purpose local government, (2) the developer and a homeowners

    association, and (3) a CDD. General-purpose government is reluctant to provide and maintain subdivision-type facilities and to tax the general public for such facilities and services. Further, general-purpose government does not bring the focused management oversight to a new community that is necessary to ensure the property owner/developer that the infrastructure will be provided timely in accordance with the requirements to meet real estate sales demand. Developers cannot access the alternate form of financing that is available to CDDs. The homeowners association, which will ultimately be utilized for the maintenance of infrastructure, cannot utilize the uniform method of collecting non-ad valorem assessments, which is provided to a community development district. The CDD is the only method to provide focused management with the ability to access the municipal bond market and to collect its non-ad valorem assessments on the County’s real estate tax bills, assuring that the infrastructure will be properly maintained.

  29. Mr. Moyer does not see any problems in administering


    or managing the Bellalago CDD. Finally, he concluded that the land area is amenable to governance by the CDD.

    CONCLUSIONS OF LAW


  30. This proceeding is governed by Chapters 120 and 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code.

  31. Petitioner has met the requirements of Section 190.005, Florida Statutes, regarding the submission of the Petition and satisfaction of filing fee requirements.

  32. Petitioner bears the burden of establishing that the Petition meets the relevant statutory criteria set forth in Section 190.005(1)(e), Florida Statutes.

  33. All portions of the Petition and other submittals have been completed and filed as required by law.

  34. All statements contained in the Petition are true and correct.

  35. The establishment of the CDD is not inconsistent with any applicable element or portion of the State Comprehensive Plan or the effective Osceola County Comprehensive Plan.

  36. The area of land within the proposed CDD is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community.

  37. The proposed CDD is the best alternative available for delivering community development services and facilities to the area that will be served by the CDD.

  38. The community development services and facilities of the proposed CDD will not be incompatible with the capacity and uses of existing local and regional community development services and facilities.

  39. The area to be served by the proposed CDD is amenable to separate special district government.

RECOMMENDATION


Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Florida Land and Water Adjudicatory Commission, pursuant to Chapters 120 and 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code, establish the Bellalago Community Development District, as requested by Petitioner, by formal adoption of the proposed rule attached to this Report as Exhibit C.

DONE AND ENTERED this 11th day of June, 2002, in Tallahassee, Leon County, Florida.

___________________________________ DONALD R. ALEXANDER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 11th day of June, 2002.


COPIES FURNISHED:


Julie P. Kendig-Schrader, Esquire Greenberg Traurig, P.A.

450 South Orange Avenue, Suite 650 Orlando, Florida 32801-3383


Charles Canady, General Counsel Florida Land and Water

Adjudicatory Commission Office of the Governor The Capitol, Room 209

Tallahassee, Florida 32399-0001


Donna Arduin, Secretary Florida Land and Water

Adjudicatory Commission Office of the Governor The Capitol, Room 2105

Tallahassee, Florida 32399-0001


Barbara Leighty, Clerk

Growth Management and Strategic Planning The Capitol, Room 2105

Tallahassee, Florida 32399-0001

Appendix A

Petitioner's Witnesses at the Public Hearing Anthony S. Iorio

Avatar Properties, Inc. 900 Towne Center Drive Poinciana, Florida 34759


Carey Garland Fishkind & Associates

11869 High Tech Avenue Orlando, Florida 32817


Larry Walter

Hanson, Walter & Associates, Inc.

400 West Emmett Street Kissimmee, Florida 34744


John Adams

R.J. Whidden and Associates, Inc.

22 West Monument Avenue, Suite 4 Kissimmee, Florida 34741


Gary Moyer

Severn Trent Services, Inc. 610 Sycamore Street, Suite 140

Celebration, Florida 34747

APPENDIX B


List of Petitioner's Exhibits


  1. Petition with Exhibits

    Exhibit 1 - Location of Land Area to be Serviced Exhibit 2 - Metes and Bound Legal Description

    Exhibit 3 - Documentation of Consent of 100% of Landowners to Establishment of District

    Exhibit 4 - Documentation of Proposed Timetables for Construction of District Services and Estimated Cost of Constructing the Proposed Services

    Exhibit 5 - Designation of Future General Distribution, Location and Extent of Public and Private Uses of Land Within the District

    Exhibit 6A - Future Land Use Map of the Osceola County Comprehensive Plan

    Exhibit 6B - Future Land Use Element and Appendix 2.130 of the Osceola County Comprehensive Plan

    Exhibit 7 - Statement of Estimated Regulatory Costs (including Appendix A)


  2. Letter dated February 28, 2002, constituting proof the

    $15,000 filing fee to Osceola County was satisfied.


  3. Letter dated March 15, 2002, executed by the Florida Land and Water Adjudicatory Commission.


  4. Florida Administrative Weekly Section XII, Volume 28, Number 17, dated April 26, 2002.


  5. Letter dated May 7, 2002, confirming advertisement publication of the Bellalago Community Development.


  6. Letters dated May 7, 2002, and May 9, 2002, confirming advertisment publication of the Bellalago Community Development District.


  7. Newspaper clipping from the Orlando Sentinel constituting proof of publication dated April 20, 2002.


  8. Newspaper clipping from the Orlando Sentinel constituting proof of publication dated April 24, 2002.


  9. Newspaper clipping from the Orlando Sentinel constituting proof of publication dated May 1, 2002.

  10. Newspaper clipping from the Orlando Sentinel constituting proof of publication dated May 8, 2002.

  11. Prefiled testimony of Mr. Anthony S. Iorio.


  12. Testimony of Mr. Carey Garland.


  13. Resume of Mr. Carey Garland.


  14. Prefiled testimony of Mr. Larry Walter.


  15. Resume of Mr. Larry Walter.


  16. Affidavit of Mr. Robert Whiddon.


  17. Prefiled testimony of Mr. Robert Whiddon.


  18. Resume of Mr. Robert Whiddon.


  19. Prefiled testimony of Mr. Gary Moyer.

APPENDIX C


Text of Proposed Rule CHAPTER 42____-1

BELLALAGO COMMUNITY DEVELOPMENT DISTRICT


42____-1.001 Establishment.

42____-1.002 Boundary.

42____-1.003 Supervisors.


42____-1.001 Creation. The Bellalago Community Development District is hereby established.


Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.005 FS. History - New


42____-1.002 Boundary. The boundaries of the District are as follows:


All of Government Lot 4 and that portion of Government Lot 3 lying south of the Osceola County property as described in Deed Book 1174, Page 1288, lying above the high water mark of Lake Tohopekaliga in Section 28, Township 26 South, Range 29 East, Osceola County, Florida.

and

From the southeast corner of the southwest 1/4 of Section 29, Township 26 South, Range 29 East, Osceola County, Florida, run west along the south line of said southwest 1/4, 1545.3 feet to the point of beginning; run thence north at right angles to said south line, 500.0 feet; run thence west, parallel to said south line, 347 feet more or less to the east right of way line of Pleasant Hill Road; run thence southerly along the east right of way line of said road, to the south line of said southwest 1/4; run thence east, 441.41 feet more or less to the point of beginning.

and

All of the east 1/2, and the northeast 1/4 of the southwest 1/4 of Section 32 Township 26, South Range 29 East.

and

All of the west 1/2, and Government Lots 1 and 2 above the ordinary high water line of Lake Tohopekaliga, of Section 33, Township 26 South, Range 29 East.

Less the dipping vat at Edgewater Property being more particularly described as follows:

Commence at the northwest corner of Section 33, Township 26

South, Range 29 East, Osceola County, Florida; thence run south

67 degrees 8 minutes 14 seconds east, a distance of 1190.53 feet to the point of beginning; thence run east, a distance of

450.00 feet; thence run south, a distance of 550.00 feet; thence run west, a distance of 450.00 feet; thence run north, a distance of 550.00 feet to the point of beginning.

and

A parcel of land located in Section 29, Township 26 South, Range 29 East, in Osceola County, Florida; being described as follows:

Commence at the northwest corner of the northwest 1/4 of Section 29, Township 26 South, Range 29 East; thence north 89 degrees 43 minutes 56 seconds east along the north line of the northwest one-quarter of said Section 29, a distance of 110.00 feet to a point on the easterly right of way line of Pleasant Hill Road (CR-531); thence depart said north line on a bearing of south 1 degree 2 minutes one second east along said right of way line, a distance of 642.58 feet; thence south zero degrees

59 minutes 19 seconds east along said right of way line, a distance of 646.44 feet; thence south zero degrees 7 minutes 22 seconds east along said right of way line, a distance of 835.64 feet to the point of curvature of a curve concave northeasterly, said curve having a radius of 2220.00 feet; thence southeasterly along said curve and said right of way line, a distance of 731.56 feet through a central angle of 18 degrees 52 minutes 51 seconds (chord distance 728.26 feet; chord bearing south 9 degrees 33 minutes 47 seconds east) to the point of tangency; thence south 19 degrees zero minutes 13 seconds east along said right of way line, a distance of 416.25 feet to the point of beginning; thence continue south 19 degrees zero minutes 13 seconds east along said right of way line, a distance of 400.20 feet; thence depart said right of way line on a bearing of north 75 degrees 13 minutes 36 seconds east, a distance of 1000.89 feet; thence north 18 degrees 35 minutes 45 seconds west, a distance of 400.00 feet; thence south 75 degrees 13 minutes 36 seconds west, a distance of 1005.75 feet to the point of beginning.

and

That portion of the northwest 1/4 and the northwest 1/4 of the southwest 1/4, Section 32, Township 26 South, Range 29 East, Osceola County, Florida, lying east of Pleasant Hill Road; less and except: beginning at the northwest corner of said northwest 1/4 of the southwest 1/4 of Section 32, thence north 89 degrees

59 minutes 51 seconds east, along the north line of said northwest 1/4 of the southwest 1/4, a distance of 420.00 feet; thence south zero degrees 10 minutes 19 seconds east, parallel with the west line of said northwest 1/4 of the southwest 1/4,

a distance of 420.00 feet; thence south 89 degrees 59 minutes

51 seconds west, parallel with the north line of said northwest 1/4 of the southwest 1/4, a distance of 420.00 feet to the west line of said northwest 1/4 of the southwest 1/4; thence north zero degrees 10 minutes 19 seconds west, along said west line, a distance of 420.00 feet to the point of beginning. Less the west 60.00 feet thereof for right of way of Pleasant Hill Road. Also less and except: (cemetery encroachment area)

Commence at the northwest corner of the northwest 1/4 of the southwest 1/4 of Section 32, Township 26 South, Range 29 East, Osceola County, Florida; thence north 89 degrees 59 minutes 51 seconds east, along the north line of said northwest 1/4 of the southwest 1/4, a distance of 420.00 feet to the point of beginning; thence continue north 89 degrees 59 minutes 51 seconds east, along said north line, 34.16 feet; thence south zero degrees 6 minutes 59 seconds west, a distance of 437.29 feet; thence south 89 degrees 39 minutes 3 seconds west, a distance of 391.96 feet to the east right of way line of Pleasant Hill Road; thence north zero degrees 10 minutes 19 seconds west, along said east right of way line 19.66 feet; thence north 89 degrees 59 minutes 51 seconds east, parallel with the north line of said northwest 1/4 of the southwest 1/4, a distance of 360.00 feet; thence north zero degrees 10 minutes

19 seconds west, parallel with the west line of said northwest 1/4 of the southwest 1/4, a distance of 420.00 feet to the point of beginning.

(less property to be deeded to cemetery) Legal description:

Commence at the northwest corner of the northwest 1/4 of the southwest 1/4 of Section 32, Township 26 South, Range 29 East, Osceola County, Florida; thence north 89 degrees 59 minutes 51 seconds east, along the north line of said northwest 1/4 of the southwest 1/4, a distance of 454.16 feet to the point of beginning; thence continue north 89 degrees 59 minutes 51 seconds east, along said north line, 80.00 feet; thence south zero degrees 6 minutes 59 seconds west, a distance of 456.64 feet; thence south 89 degrees 39 minutes 3 seconds west, a distance of 471.79 feet to the east right of way line of Pleasant Hill Road; thence north zero degrees 10 minutes 19 seconds west, along said east right of way line, 20.00 feet; thence north 89 degrees 39 minutes 3 seconds east, a distance of 391.96 feet; thence north zero degrees 6 minutes 59 seconds east, a distance of 437.29 feet to the point of beginning.


Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.004, 190.005 FS. History - New

42____-1.003 Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: Anthony S. Iorio, Dennis J. Getman, William Cowart, Charles L. McNairy, and Jeffrey S. Mitchem.


Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.006(1) FS. History - New


Docket for Case No: 02-001119
Issue Date Proceedings
Feb. 14, 2003 Notice of Meeting filed by B. Leightly.
Nov. 12, 2002 Notice of Meeting filed by B. Leightly.
Jun. 11, 2002 Report to the Florida Land and Water Adjudicatory Commission issued (hearing held May 10, 2002) CASE CLOSED.
Jun. 11, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jun. 07, 2002 Notice of Filing of Exhibits 12 and 13 (filed by Petitioner via facsimile).
May 31, 2002 Letter to Judge Alexander from D. Munoz enclosing a disk filed.
May 30, 2002 Notice of Filing Proposed Report to the Florida Land and Water Adjudicatory Commission (filed by Petitioner via facsimile).
May 23, 2002 Notice of Filing Transcript filed by Petitioner.
May 23, 2002 Transcript of Proceedings filed.
May 10, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
May 08, 2002 Petitioner`s Notice of Filing of Direct Testimony (filed via facsimile).
Apr. 02, 2002 Notice of Hearing issued (hearing set for May 10, 2002; 10:00 a.m.; Kissimmee, FL).
Mar. 27, 2002 Response to Initial Order (filed by T. Moore via facsimile).
Mar. 20, 2002 Initial Order issued.
Mar. 18, 2002 Petition for Rulemaking to Establish a Uniform Community Development District filed.
Mar. 18, 2002 Agency referral filed.

Orders for Case No: 02-001119
Issue Date Document Summary
Jun. 11, 2002 Recommended Order Petitioner satisfied all statutory criteria for establishing a community development in Osceola County.
Source:  Florida - Division of Administrative Hearings

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