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IN RE: PETITION TO ESTABLISH RULE FOR LAKEWOOD RANCH COMMUNITY DEVELOPMENT DISTRICT 5 vs *, 00-003950 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-003950 Visitors: 10
Petitioner: IN RE: PETITION TO ESTABLISH RULE FOR LAKEWOOD RANCH COMMUNITY DEVELOPMENT DISTRICT 5
Respondent: *
Judges: J. LAWRENCE JOHNSTON
Agency: Office of the Governor
Locations: Bradenton, Florida
Filed: Sep. 25, 2000
Status: Closed
Recommended Order on Monday, January 22, 2001.

Latest Update: Apr. 02, 2001
Summary: The issues in these cases are whether two community development district petitions should be granted: the first, a Petition to Contract Lakewood Ranch Community Development District 2; and the second, a Petition to Establish Rule [sic] for Lakewood Ranch Community Development District 5.Consolidated cases to contract a community development district and establish another. Findings and conclusions on statutory criteria; all criteria met.
RD he, received as a /-22-0/ FLORIDA LAND AND WATER ADJUDICATORY COMMISSION °° "= co AGENDA > me April 10, 2001 ak =O ees . 00-399 2 Approval of the minutes of the meeting held March 29, 2001. LE mg “ounty, Petitioner: Lakewood Ranch WAC Case No. CDD-00-004), On September 7, 2000, the Lakewood Ranch Community Development District (CDD) 2 submitted a petition to amend its boundaries pursuant to Chapter 190, FS. The petition proposes to contract a parcel of land comprising approximately 706 acres from the Lakewood Ranch CDD 2. After contraction, the Lakewood Ranch CDD 2 will consist of approximately 1,374 acres. (The contraction parcel is proposed for inclusion in the boundaries of the proposed Lakewood Ranch CDD 5 addressed in Agenda Item 3.) As a result of the proposed contraction, 573 fewer single-family residential units will be included within the District. The filing of the contraction petition by the Board of Supervisors of ‘the Lakewood Ranch'CDD 2 constitutes consent of the landowners within the CDD.” Additionally, the Lakewood Ranch CDD 2 has written consent to amend the CDD from the owners of 100% of the real property to be deleted from the District. eee A public hearing was conducted by the Division of Administrative Hearings (DOAH) pursuant to Chapter 190, F.S., in Bradenton, Florida, on December 20, 2000. The DOAH Administrative Law Judge submitted a Report to the Commission on January 23, 2001, making affirmative conclusions on all six factors pursuant to section 190.005(1)(e), F.S. pean cacti TO A a ad ¥ Ispd be Raadioa wa iG eee Tose steer b oae request of the Secretary, the Tampa Bay Regional Planning Council reviewed the . petition and submitted a letter on Octobér 6, 2000, indicating the Council had no questions or concerns on the amendment of the boundaries Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in th Florida Administrative Weekly. No public hearings were requested and no written comments were f the notices. TAS Less Approve the proposed final rule amending the boundaries of the Lakewood Ranch Community Development District 2 and authorize the Secretary to file for rule adoption. BACK-UP: Petition filed by the Lakewood Ranch Community Development District 2 on September 2, 2000. a Be Md HR a Florida Land and Water + Adjudicatory Commission on Agenda ia _ * April 10, 2001 Page 2 “Tampa Bay ‘Regional Planning Couneil’s letter of comment received on October 6, 2000. DOAR? s. Report te to the Commission received on January 23, 2001. On ey 7, 2000, SMR C Lakewood Ranch Community Development District (CDD) 5 pursuant to Chapter 190, F.S. The land area proposed to be ‘served by the Lakewood Ranch CDD 5 consists of approximately 1,173 acres. All proposed ands are within unincorporated Manatee County. There are no parcels located within the external boundaries of the proposed Lakewood Ranch -CDD 5to be exclud d fro the District. The | proposed ‘development within the District a contémp 7 golf ‘course and country club facility, and a sport/fines complex. _ The Petitioner has located within the proposed Lakewood Ranch CDD 5. participate in the construction of certain facilities and services such as roadways, lighting, utilities, drainage, landscaping/lakes/irrigation, security, fire, and patks and recreation of the lands within the District. A public hearing was conducted by ‘the Division o " pursuant to Chapter 190, F.S., in Bradenton, Florida, on December 20, 2000. The DOAH Administrative Law Judge submitted a Report to the Commission on January 24, 2001, Il six factors ] ursuant to section 190. 005(1}(e), F. s. Upon request of the Secretary, the Tampa Bay Regional Planning Council reviewed the - petition and submitted a letter on October 6, 2000, indicating the Council had no questions or ; concerns related to the establishment of the Lakewood Ranch cDD 5. Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the F. lorida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices. - Approve the proposed final rule establishing the Lakewood Ranch CDD 5 and authorize the Secretary to file for rule adoption. 6 of t the Teal | property Ue Florida Land and Water Adjudicatory Commission Agenda April 10, 2001 Page 3 — BACK-UP: Petition filed by SMR Commuhities Joint Venture on September 7, 2000. Tampa Bay Regional Planning Council’s letter of comment received on October 6, 2000. DOAH’s Report to the Commission received on J anuary 24, 2001. Proposed Final Rule package. ZOE IOIIIIIOI ICICI IIT ARERR R RARER ANNOUNCEMENT Staff supporting the Florida Land and Water Adjudicatory Commission has moved from Room 2105 to Room 1703 of the Capitol. Please address deliveries and inquiries accordingly. The telephone and facsimile numbers remain the same; telephone number 850-488-7793 and facsimile number 850-922- 0666.

Docket for Case No: 00-003950
Issue Date Proceedings
Apr. 02, 2001 Final Order filed.
Jan. 22, 2001 Report cover letter identifying hearing record referred to the Agency sent out.
Jan. 22, 2001 Report and Conclusions of Administrative Law Judge. Hearing held December 20, 2000. CASE CLOSED.
Jan. 04, 2001 Composite Exhibit A and B; Exhibit 9; Exhibit 8 filed.
Jan. 04, 2001 Petitioners` Proposed Report of Findings and Conclusions filed.
Jan. 04, 2001 Notice of Filing Proposed Report of Findings and Conclusions filed by Petitioners.
Jan. 02, 2001 Motion for Extension of Time to File Proposed Report of Findings and Conclusions (filed via facsimile).
Dec. 22, 2000 Transcript filed.
Dec. 14, 2000 Notice of Filing Pre-filed Direct Testimony of Witnesses filed.
Nov. 15, 2000 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 20, 2000; 1:00 p.m.; Bradenton, FL).
Nov. 15, 2000 Motion to Reset Hearing (filed by Petitioners via facsimile).
Oct. 27, 2000 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 21, 2000, 1:00 p.m., Bradenton, Fl.). 11/21/00)
Oct. 27, 2000 Motion to Continue Hearing (filed by Petitioners via facsimile).
Oct. 03, 2000 Response to Revised Initial Order filed by Petitioner.
Oct. 03, 2000 Notice of Hearing issued (hearing set for November 14, 2000, 1:00 p.m., Bradenton, Fl.)
Oct. 03, 2000 Order Consolidating Cases issued. (consolidated cases are: 00-003949, 00-003950)
Sep. 29, 2000 Response to Revised Initial Order (filed via facsimile).
Sep. 25, 2000 Administrative Complaint (Exhibits Tagged) filed.
Sep. 25, 2000 Election of Rights filed.
Sep. 25, 2000 Agency referral filed.
Sep. 25, 2000 Initial Order issued.

Orders for Case No: 00-003950
Issue Date Document Summary
Apr. 02, 2001 Agency Final Order
Jan. 22, 2001 Recommended Order Consolidated cases to contract a community development district and establish another. Findings and conclusions on statutory criteria; all criteria met.
Source:  Florida - Division of Administrative Hearings

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