STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
IN RE: | ) |
PETITION OF THE INDIAN TRACE | ) |
SPECIAL MUNICIPAL TAX DISTRICT | ) CASE NO. 81-288 |
TO REESTABLISH THE DISTRICT | ) |
AS A COMMUNITY DEVELOPMENT | ) |
DISTRICT | ) |
)
REPORT OF HEARING OFFICER
On March 25, 1981, a hearing was held in the City Commission Room, City of Ft. Lauderdale, 100 N. Andrews Avenue, Ft. Lauderdale, Florida, upon the Petition of the Indian Trace Special Municipal Tax District ("Petitioner" or "ITSMTD") to reestablish the district as a community development district pursuant to Chapter 190, Florida Statutes. At the hearing, ITSMTD appeared as the Petitioner and Arvida Corporation, the majority land owner within the boundaries of the existing district, requested and was granted party status.
The Petitioner presented oral testimony from two (2) witnesses, Mr. Philip Shailer, General Counsel, ITSMTD, and Mr. Robert Rhodes, Special Counsel, ITSMTD. Arvida Corporation presented oral testimony from one (1) witness, Mr. Donald Hall, Counsel to Arvida Corporation. Petitioner also presented written testimony in the form of ten (10) documents, which were marked Exhibits "A" through "J." No other persons or organizations sought to intervene as parties or to submit testimony for inclusion in the record.
A summary of oral and written evidence and the identification of the documentary evidence is contained in the following findings of fact and conclusions of law.
FINDINGS OF FACT
Petitioner is an existing special tax district, created on August 18, 1975, by Broward County Ordinance 75-22. (See Exhibit "A"). A legal description of the property which comprises the ITSMTD, and which would comprise the community development district, is contained within Section 1(a) of Ordinance 75-22 (Exhibit "A").
On December 22, 1980, the Board of Supervisors of the ITSMTD adopted a resolution (Exhibit "B") authorizing and directing the proper district officials to file a Petition with the Florida Land and Water Adjudicatory Commission to reestablish the district as a community development district pursuant to Chapter 190, Florida Statutes.
The ITSMTD filed its Petition to reestablish the district as a community development district on January 22, 1981. The Petition named five (5) persons to serve as initial members of the Board of Supervisors of the proposed new district. These persons, who presently constitute the Board of Supervisors of the existing district, are Norman A. Cortese, Ellen Mills Gibbs, F. A. Mapleton, Robert E. Huebner and Edward F. Kosnick. The Petition recites that the proposed name of the new district will be the Indian Trace Community
Development District, and that the District boundaries will remain the same as the existing special tax district.
By letter dated January 29, 1981, the Florida Land and Water Adjudicatory Commission requested the assignment of a Hearing Officer form the Division of Administrative Hearings to conduct the necessary public hearing.
The ITSMTD has jurisdiction over approximately 13,000 contiguous acres which lie within the unincorporated area of Broward County, Florida. A map showing the particular location of the property within the jurisdiction of the ITSMTD was presented and received into evidence. (Exhibit "C").
Petitioner presented the following additional Exhibits which were received into evidence:
Development orders adopted June 27, 1978 and August 17, 1979 by the Broward County Commission. (Exhibit "D"). The development orders were adopted by the Broward County Commission pursuant to the development of regional impact permitting processes established by Chapter 380, Florida Statutes. These development orders govern or affect development of all land within the ITSMTD.
A map which designates the future general distribution, location, and extent of public and private uses of land proposed for the
area within the district by the Future Land
Use Element of the Broward County Comprehensive Plan. (Exhibit "E").
A proposed timetable for constructing district services and the estimated cost of constructing those services. (Exhibit "F").
An economic impact statement which, based upon available data, estimates the economic impact on all persons directly affected by the proposed action and which sets forth in detail the data and method used in making the estimate. (Exhibit "G").
Proof of publication that public notice of the hearing conducted on March 25, 1981 was published once a week for four (4) consecutive weeks immediately prior to the hearing in the Fort Lauderdale News. (Exhibit "H").
The Future Land Use Plan Element of the Broward County comprehensive Plan which has been adopted by Broward County in compliance with the Local Government Comprehensive Planning Act of 1975. (Exhibit "I").
An agreement between ITSMTD, Arvida Corporation, and the City of Sunrise providing for the purchase of both water and sewer services by the ITSMTD from the City of Sunrise and committing the ITSMTD to make
use of a Regional 201 Sewer Plan, when such plan is operational and capable of serving the district. ("Exhibit 'J'").
The ITSMTD was created by Broward County to provide certain services such as water, water management and control, sewers, and roads for an area of land consisting of approximately 13,000 acres. Included within this area of land is the 10,000 acre new community to be developed by Arvida Corporation known as Weston. The new community is a development of regional impact and is subject to two development orders adopted by Broward County (Exhibit "D").
The Weston development is a low density, residential new community which also includes industrial and commercial uses. It is presently planned to be developed over a 25-30 year period of time and will eventually contain 20,500 dwelling units and will have a population of 40,000.
The two development orders grant master development approval to the Weston community and grant incremental development approval to the first two increments (approximately 7,000 acres). the third increment is designated for future incremental approval (approximately 3,000 acres presently planned for industrial, commercial, and airport uses).
The 7,000 acres of land within Weston which comprise increments 1 and
2 pursuant to the aforementioned development orders have been zoned as a planned unit development. The zoning classification allows the construction of 18,000 dwelling units and the development of 500 acres of business-commercial land. To date, three (3) plats have been approved by Broward County within the Weston community.
The Weston development and all proposed uses within the ITSMTD are consistent with the Future Land Use Element of the Comprehensive Plan for the unincorporated areas of Broward County, Florida, including policies and requirements relating to trafficways, open space and parks, and provision for housing (Exhibits "E" and "I").
The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community for the following reasons:
The area of land within the ITSMTD is composed of approximately 13,000 acres. 10,000 of the 13,000 acres constitute a development of regional impact, the develop-
ment which is subject to two development orders (Exhibit "D"). 7,000 acres of the development of regional impact have been zoned by Broward County as a Planned Unit Development. (Exhibit "D"). These land control devices plan and provide for the development of this area in great detail. The development orders require phasing of the development and provide for the provision of parks, civic sites, schools, roads, and major land uses within the area. (See specifically Article II, A, D, and E of 1978 development order and Sections 1 and 2
of the 1979 development order.)
The area of land within the proposed district is subject to and within the jurisdiction of the ITSMTD. The ITSMTD presently has the responsibility for providing water management, water and sewer
services, and the construction of trafficways and certain other improvements. the ITSMTD was created for the specific purpose of aiding in the development of the area of land within the proposed district.
In adopting Ordinance 75-22, the Broward County Commission observed: "WHEREAS, it is found by the County Commission that to promote the economic, orderly, and planned development of certain land and to best serve the welfare and convenience of the public, a Special
Municipal Tax District of Broward County, Florida, should be established pursuant to the Charter of Broward County, Florida."
The very location of the area of land within the proposed district and the major boundaries of that area dictate that the area be developed as a self-contained, functional interrelated community. (See Exhibits "C" and "D").
The area within the proposed district is compact and sufficiently contiguous to be developable as an interrelated community, as evidenced by the existence of the ITSMTD, the development orders, and the planned unit development zoning classification.
A community development district is the best alternative available for delivering community development services and facilities to the area of land that will be served by the district for the following reasons:
The finding supporting creation of the ITSMTD by the Broward County Commission in 1975 that a tax district is necessary for the area to be developed in an economic, orderly, and planned
way remains true today.
A community development district functioning pursuant to Chapter 190, Florida Statutes,
would have the following advantages over the ITSMTD:
Chapter 190, Florida Statutes, provides a clear and comprehensive charter for operating the district.
The reestablishment of the ITSMTD as a community development district will conform the district to uniform state policy regarding the formation and operation of independent develop- ment districts, and will promote a strengthened state new community policy.
A community development district has broad, comprehensive, and flexible powers which will better serve the area of land within the proposed district during the period of its development. The area of land to be served by the district will develop over a 20 to 30 year period of time and the broad flexible powers contained within Chapter 190, Florida Statutes, will give the community development district the
ability to meet the changing needs and desires of the new community.
The special powers contained within Section 190.012, Florida Statutes, will enable
the district to provide a broader range of services to meet the needs of the developing community.
Specifically, the Indian Trace Community Development District will be authorized to provide parks and facilities for indoor and outdoor recreational, cultural, and educational uses; fire protection
and control services, including fire stations, water mains, fire trucks, and other vehicles and equipment; and to construct security and school buildings and related structures for use in the security and educational system, when authorized by proper governmental authority.
The economic impact statement (Exhibit "G") points out several reasons why a community development district would be the best alternative to deliver community development services. Among the important points contained within the economic impact statement are the following:
The Environmental Land Management Study Committee recommended implementation of a new communities policy in order to encourage well planned quality developments. Chapter 190, Florida Statutes, has implemented the recommendations of the Committee and has established that new community policy.
The State of Florida has determined that Community Development Districts are a better alternative to provide infrastructure improvements than are "paper cities" The reestablishment of the ITSMTD as a Community Development District would avoid municipal formation as a means of infrastructure development.
The reestablishment of the ITSMTD as a Community Development District will serve to implement the goals of the Broward County Land Use Plan. The Broward County Land Use Plan contains the following goals:
It encourages planned communities with mixed uses, both residential and nonresidential;
It determines that growth should be phased with the provision of community services and finds that urban growth should not be permitted in areas where the basic minimum required community services and facilities
have not been provided or scheduled for capital improvement either by public or private means;
It establishes that the capital costs for the provision and extension of major services, facilities, and transportation networks to benefit new residential or
commercial developments should be imposed primarily on those who benefit and not on the existing resident population.
The community development services which would be provided to the area of land within the proposed district would not be incompatible with the capacity and uses of existing local and regional development services and facilities for the following reasons:
There are no existing regional services of facilities for the area of Broward County
within the proposed district. Further, Broward County has neither the plans, nor the capability to provide services and facilities to the area.
There are no major trunk water mains or sewer interceptors or outfalls in existence in the area of land within the proposed district.
The ITSMTD was created by Broward county to provide services and facilities to service the area of land within the proposed district. In addition, the application for development
orders are based, recognized that the ITSMTD would be used to provide infrastructure improvements within the area.
The trafficways which have been designed to serve the area within the proposed district and which are required to be built in accordance with the development orders are in accordance with the Broward County Trafficways Plan, which is incorporated by reference in the county future land use element.
The ITSMTD is making use of existing local water and sewer facilities. It has entered
into a contract with the City of Sunrise to purchase both water and sewer services from the City of Sunrise. (Exhibit "J"). In addition, that agreement commits the ITSMTD to make use of a regional 201 sewer facility when such facility is operational and capable of serving the district.
The testimony and documentary evidence establish the following:
All statements contained in the Petition are true and correct.
The creation of the district would not be inconsistent with any applicable element of
the Broward County Comprehensive Plan.
The area of land that will be served by the district is amenable to separate district government.
On March 24, 1981, the Broward County Board of County Commissioners voted to support ITSMTD's petition to reestablish the district as a community development district.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of this proceeding. Section 190.005(1)(b), Florida Statutes.
In 1980, the Florida Legislature adopted the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes ("the Act"). Section 190.005(3), Florida Statutes, authorizes the creation of new community development districts and allows existing tax districts to be reestablished as community development districts. The Act constitutes the sole statutory authorization for establishing independent community development districts. The purpose of the Act is to implement a state new communities policy by authorizing creation of community development districts. The Act is intended to encourage controlled, economic, orderly and timely development and provisions of basic services and infrastructures. The 1980 Act replaced the former new Communities Act, Chapter 163, Part V, Florida Statutes, which was determined by the Legislature not to have been an effective instrument to promote new community development. Section 190.002(1)(d), Florida Statutes.
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, Florida Statutes. 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 form the decision to create 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), Florida Statutes.
Land use decisions are not an issue in a proceeding to create a community development district pursuant to Chapter 190, Florida Statutes. 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), Florida Statutes.
Section 190.005(1)(c), Florida Statutes, provides that:
The Land and Water Adjudicatory Commission shall consider the record of the hearing and the following factors and make a determination
to grant or deny a petition for the establishment of a community development district:
Whether all statements contained within
the petition have been found to be true and correct.
Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of
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 developable 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 development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development 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), Florida Statutes, provides, in part, as follows:
. . . A rule establishing a community development 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.
Section 190.005(3), Florida Statutes, provides that:
The governing body of any existing special district, created to provide one or more of
the public improvements and community facilities authorized by this act, may petition, pursuant to this act, for reestablishment of the existing district as a community development district pursuant to this act. In such case, the new district so formed shall assume the existing obligations, indebtedness, and guarantees of indebtedness of the district so subsumed, and the existing district shall be terminated.
The Petition as filed complies with the requirements of law, and the evidence of record affirmatively demonstrates that ITSMTD has satisfactorily met the criteria contained in Section 190.005(1)(c), Florida Statutes, for reestablishment as a community development district.
Based upon the Findings of Fact and Conclusions of Law hereby submitted, the Hearing Officer recommends that the Florida Land and Water Adjudicatory Commission grant the Petition of the ITSMTD and adopt a rule which will reestablish the ITSMTD as the Indian Trace Community Development District.
DONE and ENTERED this 10th day of April, 1981, in Tallahassee, Leon County, Florida.
WILLIAM E. WILLIAMS
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301 904/488-9675
Filed with the Clerk of the Division of Administrative Hearings This 10th day of April, 1981.
COPIES FURNISHED:
Robert M. Rhodes, Esquire Messer, Rhodes, Vickers & Hart Post Office Box 1876 Tallahassee, Florida 32302
David W. Wilcox, Esquire Office of the Governor Room 209, The Capitol Tallahassee, Florida 32301
Philip Shailer, Esquire
540 N. W. Fourth Street Suite B
Ft. Lauderdale, Florida 33301
Donald R. Hall, Esquire
540 N.W. Fourth Street
Ft. Lauderdale, Florida 33301
| Issue Date | Proceedings |
|---|---|
| Apr. 10, 1981 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 10, 1981 | Recommended Order | Grant application of Petitioner for community development district. |
