The Issue The issue in this proceeding was whether the Petition to Establish the Harmony Ranch Community Development District (Petition) meets the applicable criteria in chapter 190, Florida Statutes, and Florida Administrative Code Chapter 42-1.
Conclusions On Tuesday, October 11, 1994, the local public hearing in this proceeding was held before the Honorable Don W. Davis, Hearing Officer, Division of Administrative Hearings. The hearing was held in Room 290, City Commission Chambers, City of Daytona Beach City Hall, 301 South Ridgewood Avenue, Daytona Beach, Florida. The hearing was conducted pursuant to Section 190.005, Florida Statutes, for the purpose of taking testimony and public comment and receiving exhibits on the petition of Indigo Development Inc. ("Petitioner") to establish the Indigo Community Development District ("District"). This report is prepared and submitted to the Florida Land and Water Adjudicatory Commission ("Commission") pursuant to Section 190.005, Florida Statutes, and Rule 42-1.013, Florida Administrative Code. Statement of the Issue The sole issue to be addressed is whether the petition to establish the Indigo Community Development District meets the criteria set forth in Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code. Appearances Appearances on behalf of the Petitioner were entered by: Cheryl G. Stuart, Esquire Jonathan T. Johnson, Esquire Hopping Boyd Green & Sams 123 South Calhoun Street Post Office Box 6526 Tallahassee, Florida 32314 Preliminary Statement The Petitioner filed the petition to establish the Indigo Community Development District with the Secretary of the Commission on August 2, 1994. On August 1, 1994, the Petitioner delivered a copy of the petition and exhibits, together with a filing fee, to Frank Gummey, City Attorney for the City of Daytona Beach. The Petitioner also submitted a copy of the petition and exhibits, along with a filing fee to Volusia County. A copy of the petition, including its attached exhibits, was received into evidence as Petitioner's Composite Exhibit A. On August 10, 1994, the Secretary of the Commission certified that the petition contained all required elements and forwarded it to the Division of Administrative Hearings for the assignment of a hearing officer. The Commission published a notice of receipt of petition in the Florida Administrative Weekly on September 16, 1994, as required by Rule 42-1.010, Florida Administrative Code. A copy of the notice of receipt of petition was received into evidence as Petitioner's Exhibit B. By order of the undersigned, the local public hearing was scheduled in Daytona Beach, Florida, for Tuesday, October 11, 1994. The Petitioner published notice of the hearing in accordance with Section 190.005(1)(d), Florida Statutes, and Rule 42-1.011, Florida Administrative Code, and provided additional individual notice to others as provided in Rule 42-1.011(1)(b). Copies of return receipts from certified mailing of notices were received into evidence as Petitioner's Exhibit E. The Petitioner also filed the prepared testimony of four witnesses, together with attached exhibits, on October 4, 1994. Section 190.005(1)(c), Florida Statutes, provides that a local government has the option to hold a public hearing within 45 days of the filing of a petition. The City Commission of the City of Daytona Beach ("City") held a public hearing on the petition on August 17, 1994, and adopted Resolution No. 94-412 supporting establishment of the District. The County Council of Volusia County also expressed support for the establishment of the District, adopting Resolution 94-230 on September 15, 1994. Certified copies of both resolutions were received into evidence respectively as Petitioner's Exhibits F and G. At the local public hearing on October 11, 1994, the Petitioner presented the testimony of William H. McMunn, President of Indigo Development Inc., and agent of the Petitioner in this proceeding; Fred A. Greene, an expert in civil engineering with an emphasis in public infrastructure design, permitting, cost estimation, and construction administration for special districts; Allen E. Salowe, a development economist and managing principal in the firm of A.E. Salowe & Associates, an expert in planning and economic development and analysis; and Gary R. Walters, President of Gary Walters and Associates, a community planning and management consulting firm providing services in conjunction with Gary L. Moyer, P.A., and an expert in special district operations and management. Their full names and addresses are attached to this report as Exhibit 1. The Petitioner offered Petitioner's Exhibits A-J, which were received into evidence at the hearing. A list of Petitioner's exhibits in this proceeding is attached to this report as Exhibit 2. Neither the City nor Volusia County presented any witnesses or exhibits. No public comment was received at the hearing. In accordance with Rule 42-1.012(3), Florida Administrative Code, the record in this matter was left open until October 21, 1994, to allow for the submission of additional written comments or materials. With the exception of a copy of the Petitioner's letter transmitting proof of publication of the notice of hearing to the Secretary of the Commission in accordance with Rule 42-1.011(1)(a), Florida Administrative Code, no additional written comments or materials were filed. A transcript of the local public hearing was filed by the Petitioner with the undersigned hearing officer on October 21, 1994. A copy of the transcript is being transmitted with this Report of Findings and Conclusions. At hearing, the Petitioner was given leave to file a Proposed Report of Findings and Conclusions no later than October 31, 1994. The Petitioner timely filed such Proposed Report of Findings and Conclusions. Overview The Petitioner is seeking the adoption of a rule by the Commission to establish a community development district of approximately 2,480 acres located entirely within the City. It would be located generally west of I-95, south and east of LPGA Boulevard (formerly 11th Street), and north of U.S. 92. If established, the District will be an independent special district authorized pursuant to Chapter 190, Florida Statutes. The District will have all powers set forth in Chapter 190, Florida Statutes, including but not limited to the ability to finance, own, operate and maintain certain community facilities and services. Currently the lands to be included within the District are principally undeveloped. Neighboring lands are also principally undeveloped, although currently existing uses include the City's sewage treatment plant, a municipally-owned stadium and a privately-owned horse farm. In May, 1992, an Application for Development Approval ("ADA") for the Ladies Professional Golf Association Development of Regional Impact ("LPGA DRI") encompassing all of the real property located within the external boundaries of the proposed District was submitted to the City. The ADA requested DRI review and approval of a development consisting of no more than 6,018 residential units and related commercial, institutional, recreational, and other uses. The ADA, as amended, also included lands east of I-95 which are not included in the proposed District. All lands within the District will be developed as a mixed-use project pursuant to the LPGA DRI Development Order issued August 18, 1993, by the City. The LPGA DRI is a development which is consistent in all respects with the City's duly adopted local comprehensive plan and development regulations. The proposed development plan for the lands within the District contemplates the construction of approximately 4,035 single family dwelling units, 856,999 square feet of commercial space, 321,082 square feet of office space, 238,752 square feet of industrial space, and 1,566 multi family and hotel units in four phases over a 23-year period. There are presently no residents living within the District. There are five parcels within the external boundaries of the proposed District which are excluded from the District. These parcels are: (1) the Ladies Professional Golf Association golf course which is owned by the City, (2) the Phase I Entrance Road which is owned by the City, (3) the road connecting the Phase IIA Entrance Road to the City's maintenance facility, which is owned by the City, (4) a sub-station site which is presently owned by Florida Power & Light Company, and (5) the state sovereignty lands underlying the Tomoka River. These exclusions do not affect the contiguity or compactness of the proposed district or interfere with the ability of the proposed District to serve as one functional interrelated community. The Petitioner currently intends for the District to participate in the acquisition or construction of certain road improvements, potable water distribution, wastewater collection, and reuse systems. Capital costs of these improvements will be borne by the District. Once completed, these improvements will be dedicated to the City and the ownership and operation of these improvements will become the responsibility of the City. The City will also be responsible for maintenance of these improvements, except as to roadway landscape maintenance which will be performed by the District. The Petitioner intends for the District to provide maintenance for the seven entrances to the District and certain roadway landscaping, including participation in landscape maintenance at the proposed LPGA Boulevard and I-95 interchange. This maintenance may include provision of appropriate landscaping, irrigation and/or mowing services. The Petitioner also intends for the District to construct a street lighting system, the capital costs of which will be borne by the District. Upon completion, portions of this system will be dedicated to the City, and ownership, operation and maintenance of those portions of the system will become the City's responsibility. The remaining portions of the street lighting system will be owned, operated and maintained by the District. The Petitioner also presently intends for the District to construct or acquire portions of the water management system. Once complete, certain portions of the water management system may be dedicated to the City, while other portions of the system may be owned, operated and maintained by the District. Responsibility for maintenance of the water management systems will be divided between the District and the City and any applicable homeowners' association. The Petitioner intends, in addition, for the District to provide maintenance for certain open space, recreation and conservation areas, as well as the Thayer and Bayless canals which run roughly east-west through the proposed District. It is intended, after establishment of the District, that the District and the City will enter into interlocal agreements which will further define the relationship between them. The estimated cost in 1993 dollars for all identified capital improvements is $30,656,000 with construction scheduled to take place from 1995 through 2018. Actual construction costs and timetables may vary for a variety of reasons, including final design and permitting criteria, and future changes in economic conditions upon labor, services, materials, interest and general market circumstances. The Petitioner expects that the District will finance such services and improvements through the use of long-term loans or through issuance of tax exempt bonds. The debt issued by the District is expected to be retired by non- ad valorem or special assessments on benefitted property within the District. Certain construction costs associated with potable water distribution, wastewater collection and reuse systems may be financed through the imposition of connection charges, rates and fees pursuant to Section 190.035, Florida Statutes. The Petitioner has no current plans for the District to issue general obligation bonds or to impose ad valorem taxes. The City adopted Resolution 94-412 in which it consents to the exercise by the District of special powers, as authorized by Section 190.012(2), Florida Statutes, for the purpose of providing facilities for parks, indoor and outdoor recreational, cultural and educational uses pursuant to Section 190.012(2)(a), and for security as provided in Section 190.012(2)(d). The City, in adopting Resolution 94-412, also found that the District is not inconsistent with any relevant or material portion or element of the effective local government comprehensive plan. Additional findings by the City indicate that the land area within the District is of sufficient size, compactness and contiguity to be developable as one functional, interrelated community, and that the District is the best alternative for timely delivering community development systems, services and facilities to the area that will be served. The City also determined that the community development systems, services and facilities of the District will not be incompatible with the capacity and uses of existing community development services and facilities, and that the area to be served by the District is amenable to separate special district government. The City's Resolution 94-412 further recommends that the Commission adopt a rule to establish the District as proposed by the Petitioner. Volusia County adopted Resolution 94-230 which, based upon findings that the proposed District is located wholly within the boundaries of the City and that establishment of the District is not inconsistent with any County facilities or services, expresses County support for the City's recommendation as to the establishment of the District. The sole purpose of this proceeding was to consider the establishment of the District as proposed by the Petitioner. Summary of Evidence and Testimony Whether all statements contained within the petition have been found to be true and correct. Petitioner's Composite Exhibit A was identified for the record as a copy of the petition and its attachments as filed with the Commission. McMunn stated that he had reviewed the contents of the petition and approved its findings, then generally described each of the attachments. Both McMunn and Salowe indicated that Attachment 10, page 3, second paragraph, should read "1993 dollars" and that the same change should be made in Table 2 of that document. McMunn testified further that ownership of the land within the proposed District had not changed since submission of his prefiled direct testimony, which testimony indicated that the Petitioner either owns or has written consent to establish the District from the owners of one hundred percent of the real property located within the District. With the correction to the EIS by McMunn and Salowe, the petition and its attached exhibits are 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. Salowe reviewed the proposed District in light of the requirements of the State Comprehensive Plan, Chapter 187, Florida Statutes, and the City of Daytona Beach Comprehensive Plan, adopted pursuant to Chapter 163, Part II, Florida Statutes ("Local Comprehensive Plan"). In addition, the City Commission, the East Central Florida Regional Planning Council, and the Department of Community Affairs reviewed the proposed District for consistency with applicable elements or portions of the state and effective local comprehensive plans. The City concluded that the District would not be inconsistent with any relevant or material portion or element of the Local Comprehensive Plan. The Regional Planning Council concluded that the proposed District is consistent with its adopted policies and with applicable portions of both state and local comprehensive plans. The Department of Community Affairs reviewed the Petition from the standpoint of its programs and responsibilities and the requirements of Section 190.005(e)2-6, Florida Statutes, and, based on this review, stated that the establishment of the District would not be incompatible with the Comprehensive Plan. State Comprehensive Plan From a planning perspective, two goals of the State Comprehensive Plan, and policies supporting those goals, apply directly to the District. From an economics perspective, two goals and policies supporting those goals apply directly to the District. Goal 16, Land Use, recognizes the importance of locating development in areas with the fiscal ability and service capacity to accommodate growth. From a planning perspective, the District will have the fiscal capacity to provide a wide range of services and facilities to a population in a designated growth area lying within the City. Goal 26, Plan Implementation, provides that systematic planning shall be integrated into all levels of government, with emphasis on intergovernmental coordination. From a planning perspective, all District board meetings will be publicly noticed and open to the public, therefore, all citizens may participate. In addition, Section 189.415, Florida Statutes, requires the District to file annual public facilities reports with the City which the City may use and rely on in any revisions to the Local Comprehensive Plan. Goal 18, Public Facilities, provides that the state shall protect substantial investments in public facilities and plan for and finance new facilities to serve residents in a timely, orderly and efficient manner. From an economics perspective, the proposed District will provide designated improvements and services at no cost to the local government. These actions allow local government resources to be focused on the public facilities needs outside of the District and so contribute to the timely, orderly and efficient provision of services to all City residents. Goal 21, Governmental Efficiency, provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed District would finance and deliver quality public services and facilities at a level demanded by residents and property owners of the District who directly benefit and pay for those services and facilities. Based on the testimony in the record, the proposed District would not be inconsistent with any applicable element or portion of the State Comprehensive Plan. Local Comprehensive Plan From a planning perspective, the Future Land Use Element and Map and the Intergovernmental Coordination Element of the Local Comprehensive Plan apply directly to the District. From an economics perspective, the Capital Improvements Element applies directly to the District. The Future Land Use Element and supporting policies, seek to achieve a future land use pattern that provides for a sufficient supply of land to meet growth demands and insure that land uses are located in a rational and efficient manner. From a planning perspective, the proposed District would further this goal by means of effective infrastructure planning, public finance, and community-wide maintenance. The Intergovernmental Coordination Element and supporting policies acknowledge the need for alternative providers of facilities and services and require appropriate mechanisms to coordinate, monitor, and evaluate their activities where such activities have a bearing on required levels of service and land planning decisions by the City. From a planning perspective, the District satisfies that need. The Capital Improvements Element is intended to accommodate new development within sound fiscal practices. From an economics perspective, the District furthers that intent because it provides an additional source of public funding and revenue to satisfy the LPGA DRI capital improvements requirements without burdening the borrowing capacity or indebtedness of the City. Nothing in the Local Comprehensive Plan precludes the establishment of a community development district. The Local Comprehensive Plan is mostly silent on the powers of such districts, but it does not prevent a community development district from exercising any of the general or optional powers set forth in Sections 190.011 and 190.012, Florida Statutes. The City concluded the District would not be inconsistent with any relevant or material portion or element of the Local Comprehensive Plan. Based on the evidence in this record, the District would not be inconsistent with any applicable element or portion of the Local Comprehensive Plan. Whether the area of land within the district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Testimony on this criterion was provided by Greene, Salowe and Walters. The lands that comprise the District consist of approximately 2,480 acres, located entirely within the City, and generally west of I-95, south and east of LPGA Boulevard, and north of U.S. 92. All of the land in the proposed District is part of a planned community which is included in the LPGA DRI Development Order approved August 18, 1993, which Development Order contemplates the possible establishment of such a district. Although five parcels of land within the external boundaries of the proposed District are excluded from the District because they are owned by governmental entities or utilities, their exclusion will not affect the contiguity or compactness of the proposed District or otherwise interfere with the ability of the District to serve as one functional interrelated community. The proposed development plan for lands within the District is focused largely on construction of single-family residences and selected multi-family residential areas supported both by both neighborhood and community-wide commercial development. Much as in other similarly-sized projects which lie adjacent to I-95 and have been approved as DRIs, the proposed district facilities can be provided in an efficient, functional, and integrated manner. Functional interrelation means that each community purpose has a mutual reinforcing relationship with each of the community's other purposes. Each function must be designed to contribute to the development or maintenance of the larger whole. Each function requires a management capability, funding source, and an understanding of the size of the community's needs so as to handle the growth and development of the community. The size of the District as proposed is approximately 2,480 acres. From a planning perspective, this is a sufficient size to accommodate roads, drainage, water, sewer, lighting, security, parks and recreation, and other basic facilities and services typical of a functionally interrelated community. With adequate planning, design, financing, construction and maintenance, provision of these facilities and services will contribute to the development of a functional interrelated community. Compactness relates to the location in distance between the lands and land uses within a community. From a planning perspective, the property that comprises this community is compact because all of the property is part of a single project, is close together, and, with the exception of the municipally- owned LPGA golf course, has no barriers segregating one portion of the project from any of the others. Contiguity has to do with whether all parts of the project are touching along a boundary or point. From a planning perspective, the property is sufficiently contiguous when all parts of a project are either in actual contact or are close enough to allow the efficient design and use of infrastructure. The land need not be physically connected in order to be functionally connected, especially when planning specialized governmental systems, facilities and services. However, all parts of the project do need to be spatially imminent so that the facilities and services can be provided in a cost-effective manner and can be properly maintained with minimum difficulty. The proposed District is sufficiently contiguous for planning purposes and for the purpose of district governance. From an economics perspective, the physical configuration of the proposed District is ideal. The area to be included in the District is compact and contiguous. The size and physical configuration of the District allows economical construction of road and lighting improvements, and maintenance of the water management and wetlands conservation and open space systems in a long- term cost-effective manner. The cost efficient delivery of potable water distribution, wastewater collection, and reuse lines is also enhanced by the compactness and contiguity of the site. The area to be included within the proposed District can be expected to succeed as a functional, interrelated community from a district management perspective because the characteristics of compactness, contiguity and size ensure that the delivery of services and facilities will not be unnecessarily impeded by distance, physical barriers or other spacial problems. The City concluded that the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as a single functional interrelated community. From planning, economics, engineering and management perspectives, the area of land to be included in the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a single functionally 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. It is presently intended that the District will participate in the construction or acquisition of certain road improvements, potable water distribution, wastewater collection, reuse, and lighting systems. Capital costs of these improvements will be borne by the District. Once completed, certain of these improvements will be dedicated, in whole or in part, to the City and the ownership and operation of the dedicated improvements will become the City's responsibility. The City will also be responsible for maintenance of these improvements, except as to roadway landscape maintenance which will be performed by the District. It is intended that the proposed District will own, operate, and maintain the seven entrances to the District. The District will also provide roadway landscape maintenance, including participation in landscape maintenance at the proposed LPGA Boulevard and I-95 Interchange. It is intended in addition that the District will provide maintenance for certain open space, recreation and conservation areas, as well as the Thayer and Bayless canals. The proposed District would also construct or acquire portions of the water management system. Upon completion, certain portions of the water management system may be dedicated to the City, while other portions of the system may be owned, operated, and maintained by the District. Responsibility for maintenance of the water management systems will be apportioned between the District and the City and any applicable homeowners' association. It is expected that the District will finance these services and improvements through use of long-term loans or through issuance of tax exempt bonds. The debt issued by the District is expected to be retired by non-ad valorem or special assessments on benefitted property within the District. Certain construction costs associated with potable water distribution, wastewater collection and reuse systems may be financed through the imposition of connection charges, rates and fees pursuant to Section 190.035, Florida Statutes. Use of non-ad valorem or special assessments and user fees will ensure that the real property benefitting from District services is the same property which pays for them. Two types of alternatives to establishment of the proposed District were identified. First, the City might provide facilities and services from its general fund. Second, facilities and services might be provided by some private means, generally either through a private developer dependent upon commercial loans or through a community-wide property owners' association. In evaluating alternative methods for delivering community development facilities and services, factors to consider include whether an alternative is able to provide the best focused service and facilities; whether the alternative has an entity to manage the delivery; whether the alternative can provide a long-term perspective; whether the alternative is a stable provider; and whether the alternative can secure low-cost long-term financing to pay for all benefits at a sustained level of quality. Delivery by the Local General Purpose Government The City is a perpetual entity capable of providing services at sustained levels. It can also provide a relatively low-cost source of financing. There are, however, already substantial demands upon the City's financial and staff resources, the response to which will inevitably be dispersed over an expanding population residing within a very broad geographic area. Delivery by Private Means Private means for delivering community development services and facilities include delivery through a master neighborhood-type property owners' association or by a private developer. Either of these means can satisfy the demand for focused service and facilities and managed delivery. However, neither can assure a long-term perspective or necessarily qualify as a low-cost source of financing. A property owners' association might satisfy demands for focused service and facilities and managed delivery. However, such associations lack the capability to issue bonds or other forms of long-term debt. They also frequently experience difficulty in collecting maintenance assessments. Consequently, a property owners' association could not effectively plan, finance, construct, operate and maintain the necessary infrastructure. While a private developer might provide community development services and facilities by utilizing long-term financing from private lenders, such financing, if obtainable, is likely to be more expensive than financing through a public entity. Moreover, only a public entity can guarantee long-term maintenance. Delivery by the District The District is an independent special purpose unit of local government designed to focus its attention on providing the best long-term services to its specific benefitted properties and residents. It has limited powers and jurisdiction. The District will be governed by its own board of supervisors and managed by those whose sole purpose is to provide long-term planning, financing, and management of services and facilities. Sources of funding assure that District services and facilities will be adequately managed at sustained levels of quality. From an engineering perspective, the District is the best alternative to provide the proposed community development services and facilities because it is a long-term, stable, perpetual entity capable of maintaining the facilities over their expected life. Knowing when, where and how infrastructure will be needed to service a projected population allows for more efficient delivery. The proposed District is better able than the other available alternatives to focus attention on when and where and how the next system of infrastructure will be required. This results in a more complete utilization of existing facilities. The LPGA DRI development order acknowledges the possible establishment of the District and further describes and defines the intended services and facilities to be provided by the District. The City has concluded that the proposed District is the best alternative for the timely delivery of community development systems, services and facilities to the area that will be served by the District. From planning, economics, engineering, and management perspectives, 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. Establishment of the proposed District and the compatibility of district services and facilities with the capacity and uses of existing local and regional community development services and facilities was considered during the LPGA DRI approval process. The services and facilities to be provided by the proposed District, none of which is presently in existence, are required by the LPGA DRI. The land area of the proposed District is isolated in part, and buffered by, major City roadways and by conservation areas. Although there are existing sewer and water trunk lines on the site which are owned and operated by the City, the services and facilities of the proposed District are, from a planning perspective, fully compatible with the capacity and uses of existing local or regional community development services and facilities. Moreover, none of the supplemental services and facilities which have been or later may be authorized by consent of the City following establishment of the District are presently existing on the site or provided to the LPGA International community. From an economics perspective, the proposed District will finance the water distribution, wastewater collection, and reuse systems, as well as certain roadways and street lighting. It will also maintain the entrances, landscaping and signage, as well as portions of the water management system, conservation, recreation, and open space areas in perpetuity. Maintenance of the water management system will be divided between the District and the City and any applicable homeowners' association. The management and operation of District facilities will be coordinated with the City. The proposed District will not only provide operation and maintenance services not currently available, but the City, developers, builders and residents will all benefit through increased access, traffic flow, safety, and general enhancement of the affected property. The City has concluded that the community development systems, services and facilities of the District will not be incompatible with the capacity and uses of existing community development services and facilities. From planning, economics, engineering, and management perspectives, the services and facilities to be provided by the District will not 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. Two criteria are needed to evaluate a land area for suitability for separate special district governance. They are whether the area is of sufficient size, compactness and contiguity to be the basis for a functional interrelated community, and whether the land area needs, and the owners and residents will benefit from, the community development services and facilities. Considering the first of these criteria from planning, economics, engineering, and management perspectives, it is clear that the area of land to be included in the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a single functionally interrelated community. From an engineering perspective, the area within the proposed District is also large enough to support a staff necessary to operate and maintain the proposed systems. As for an evaluation based on the second of the abovementioned criteria, the infrastructure needs of the area within the proposed District are spelled out in the development order issued for the project. All of the proposed District facilities and services are contemplated in the LPGA DRI Development Order and are thus needed for development of the area. The land within the proposed District also needs supplemental services and facilities that can be provided by the District, including, but not limited to, roadway landscaping and maintenance of entrances, open space, recreation and conservation areas. The construction and maintenance of these services and facilities will benefit both owners and residents of lands within the District. The City has concluded that the area to be served by the proposed District is amenable to separate special district government. From planning, engineering, and management perspectives, the area that will be served by the District is amenable to separate special-district government. Other requirements imposed by statute or rule. Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code, impose specific requirements regarding the petition and other information to be submitted to the Commission. Elements of the Petition Section 190.005(1)(a)1, Florida Statutes, requires the petition to contain a metes and bounds description of the external boundaries of the District. Petitioner's Composite Exhibit A contains such a description. Section 190.005(1)(a)2, Florida Statutes, requires the petition to contain written consent to establishment of the District by the owners of 100 percent of the real property to be included in the District. Petitioner's Composite Exhibit A contains the consent of Patricia Lagoni who, as Trustee under Trust No. IDI-3, dated June 7, 1991, and under Trust No. IDI-2, dated June 27, 1989, is the sole owner of 100 percent of the real property to be included in the proposed District. Section 190.005(1)(a)3, Florida Statutes, requires the petition to contain the names of five persons, all residents of the State of Florida and citizens of the United States, to serve on the initial board of supervisors. The five persons designated in the petition to serve on the initial board of supervisors are: Joseph Benedict, III 695 Airport Road New Smyrna Beach, FL 32168 Patricia Lagoni 131 Muirfield Drive Daytona Beach, FL 32114 Gary Moothart 3 Broadriver Road Ormond Beach, FL 32174 William H. McMunn 3 South Ravinsfield Lane Ormond Beach, FL 32174 Bruce W. Teeters 10 Broadriver Road Ormond Beach, FL 32174 All of the designees are residents of the State of Florida and citizens of the United States. Section 190.005(1)(a)4, Florida Statutes, requires the petition to propose a name for the District. The petition proposes the name "Indigo Community Development District." Section 190.005(1)(a)5, Florida Statutes, requires that the petition show current major trunk water mains and sewer interceptors and outfalls if in existence. Petition's Composite Exhibit A shows the location of those facilities within the District. Section 190.005(1)(a)6, Florida Statutes, requires the petition to set forth the proposed timetable for construction of services and facilities and estimated cost for such construction. Petitioner's Composite Exhibit A provides such a timetable and estimate. Section 190.005(1)(a)7, Florida Statutes, requires the petition to designate the future general distribution, location and extent of public and private uses of land. The petition provides that information. Section 190.005(1)(a)8, Florida Statutes, requires the petition to include an economic impact statement ("EIS") which meets the requirements of Section 120.54(2), Florida Statutes. The petition contains an EIS. It meets all requirements of Section 120.54(2), Florida Statutes. Economic Impact Statement The EIS assumes it is socially desirable to use the least expensive and least intrusive method to deliver a given public improvement and to provide beneficial maintenance. An entity that is directly accountable to its users for costs and delivery of benefits is more likely to achieve the desired result. The District is such an entity. The District is a limited and highly specialized unit of local government. It is a special purpose unit of local government with a single purpose: the provision of infrastructure and services for planned new communities. Its economic benefits exceed its economic cost to all affected parties. The Petitioner proposes that the District utilize special assessment or revenue bonds or other forms of long-term indebtedness for capital to provide planned public infrastructure. The indebtedness will be repaid through non-ad valorem assessments on the land within the District, or rates and charges established by the District. The Petitioner has no current plans for the District to issue general obligation bonds or to impose ad valorem taxes. The EIS contains an estimate of the costs and benefits to all persons directly affected by the proposed rule to establish the District . Beyond administrative costs related to rule adoption, the State and its citizens will incur no costs from establishment of the District. The District will require no subsidies from the State. Benefits will include improved planning and coordination of development, which is difficult to quantify but nonetheless substantial. Administrative costs incurred by the City related to rule adoption should be more than offset by the $15,000 filing fee paid by the Petitioner. Benefits to the City will include improved planning and coordination of development, without incurring any administrative or maintenance burden for facilities and services within the District except for those it chooses to accept. The Petitioner incurred substantial costs in seeking establishment of the District and will be required to provide technical assistance to the District after establishment. The Petitioner will pay substantial sums in non- ad valorem assessments on real property within the District. Benefits to the Petitioner include access to public bond financing for certain improvements and a long-term stable source of capital, which will benefit the Petitioner's development project. In addition, consistently high levels of quality should be maintained. Consumers will pay District special assessments or fees for certain facilities; however, the District's facilities would be required even in the absence of the District itself. The cost would have to be recovered in some other way. Generally, district financing will be less expensive than maintenance through a property owners' association or capital improvements financed through developer loans. Benefits to consumers will include a higher level of public services and amenities than might otherwise be available, completion of District-sponsored improvements on a timely basis, and a larger share of direct control over community development services and facilities. The EIS concludes that the benefits from the District would outweigh the costs to each affected person or class of persons. Other Requirements Petitioner has complied with the provisions of Section 190.005(1)(b), Florida Statutes, regarding submission of the Petition and payment of a filing fee to the local general purpose government. Section 190.005(1)(d), Florida Statutes, requires the Petitioner to publish notice of the local public hearing in a newspaper of general circulation in Volusia County for four consecutive weeks prior to the hearing. The notice was published in the Daytona Beach News Journal for four consecutive weeks, on Tuesdays, beginning September 13, 1994. Rule 42-1.011(1)(a), Florida Administrative Code, requires the Petitioner to furnish proofs of publication of the notice of local public hearing to the Secretary of the Commission. The original proofs of publication were submitted to the undersigned Hearing Officer at the local public hearing as Petitioner's Exhibit J and are a part of the record. Copies of the proofs of publication were furnished to the Secretary of the Commission as required on October 18, 1994. Rule 42-1.011(1)(b), Florida Administrative Code, requires the Petitioner to mail a copy of the notice of local public hearing to all persons named in the proposed rule, the affected local government, and the Secretary of the Department of Community Affairs. Such individual notice was mailed as required by the rule. Section 190.012(2)(a), Florida Statutes, provides that the District may exercise certain powers with respect to parks and facilities for indoor and outdoor recreational, cultural and educational uses, with the consent of the local general-purpose government. Section 190.012(2)(d) provides that the District may exercise certain powers with respect to security. On August 17, 1994, by Resolution No. 94-412, the City consented to the District's exercise of powers necessary to finance, plan, establish, acquire, own, construct, reconstruct, enlarge, extend, equip, operate, and maintain systems and facilities for parks, indoor and outdoor recreational, cultural and educational uses pursuant to Section 190.012(2)(a), Florida Statutes, and for security uses as provided in Section 190.012(2)(d), Florida Statutes. Conclusions Based upon the record of this proceeding, it is concluded that: This proceeding is governed by Chapters 190 and 120, Florida Statutes, and Chapter 42-1, Florida Administrative Code. The proceeding was properly noticed pursuant to Section 190.005(1)(d), Florida Statutes, by publication of an advertisement in a newspaper of general paid circulation in Volusia County and of general interest and readership once each week for the four consecutive weeks immediately prior to the hearing. The Petitioner has met the requirements of Section 190.005(1)(b), Florida Statutes, regarding the submission of the Petition and payment of a filing fee. The Petitioner bears the burden of establishing that the petition meets the relevant statutory criteria set forth in Section 190.005(1)(e), Florida Statutes. All portions of the petition and other submittals have been completed and filed as required by law. All statements contained within the petition as corrected and supplemented at the hearing are true and correct. The creation of the District is not inconsistent with any applicable element or portion of the State Comprehensive Plan or the effective City of Daytona Beach Comprehensive Plan, as amended. The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 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 area to be served by the District is amenable to separate special district government. Respectfully submitted this 28th day of October, 1994, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of October, 1994 COPIES FURNISHED: David K. Coburn, Secretary Florida Land and Water Adjudicatory Commission Executive Office of the Governor 2101 Capitol Tallahassee, FL 32399-0001 Cheryl G. Stuart, Esquire Jonathan T. Johnson, Esquire Hopping Boyd Green & Sams 123 South Calhoun Street Post Office Box 6526 Tallahassee, FL 32314 Frank Gummey Office of the City Attorney City of Daytona Beach City Hall, Suite 220 Daytona Beach, FL 32095 EXHIBIT 1 PETITIONER'S WITNESSES AT HEARING William H. McMunn Indigo Development Inc. 149C South Ridgewood Avenue Daytona Beach, FL 32114 Fred A. Greene Gee & Jenson Engineers, Architects, and Planners One Harvard Circle West Palm Beach, FL 33409 Allen E. Salowe A.E. Salowe and Associates 1334 Plantation Oaks Drive, North Jacksonville, FL 32250 Gary R. Walters Gary Walters and Associates 12 Crooked Tree Trail Ormond Beach, FL 32174 EXHIBIT 2 LIST OF PETITIONER'S EXHIBITS Number Description Composite Petition to Establish the Indigo Exhibit A Community Development District Notice Published in the Florida Administrative Weekly on September 16, 1994 Letter from the East Central Florida Regional Planning Council to David Coburn Letter from the Department of Community Affairs to David Coburn Return Receipts from certified mailing of Copies of Notices of Local Public Hearing to Persons Specified in Rule 42-1.011(b), F.A.C. City of Daytona Beach Resolution 94-12, adopted August 17, 1994, recommending that the Indigo Community Development District be established in accordance with the petition of Indigo Development Inc. Resolution of County Council of Volusia County, Florida, adopted September 15, 1994, supporting establishment of proposed Indigo Community Development District LPGA DRI Development Order August 18, 1993 Affidavits of Citizenship and Residency for the Initial Board of Supervisors Copies of Proofs of Publication of Notice of Local Hearing, Published in the Daytona Beach News Journal on September 13, 20, 27 and October 4, 1994 CHAPTER 42_-1 EXHIBIT 3 TEXT OF PROPOSED RULE INDIGO COMMUNITY DEVELOPMENT DISTRICT 42_-1.001 Creation. 42-1.002 Boundary. 42-1.003 Supervisors. 42_-1.001 Creation. The Indigo Community Development District is hereby created. Specific Authority 190.005 FS. Law Implemented 190.005 FS. History--New _- - . 42_-1.002 Boundary. The boundaries of the district are as follows: A portion of Sections 8, 9, 16, 17, 20, 21, 22, 27, 28, 29, 32, 33, and 34, all being in Township 15 South, Range 32 East, Volusia County, Florida, being more particularly described as follows: As a Point of Reference, commence at a concrete monument marking the West one-quarter corner of said Section 9, being also the East one-quarter corner of said Section 8; thence run North 00 degrees 46'29" West, along the West line of said Section 9, being also the East line of said Section 8, a distance of 55.73 feet to a point in the Southerly right-of- way line of the 125-foot wide right-of-way of Eleventh Street, as shown on the State of Florida, Department of Transportation (F.D.O.T.) Right-of-Way Map, Section 79507-2602, sheet 11, revision dated October 29, 1974, said point being the POINT OF BEGINNING of this description, said point also lying in a curve, concave Southeasterly, and having a radius of 75.00 feet; thence run Northerly and Easterly, along said curve, a distance of 85.25 feet (85.22 feet per F.D.O.T. map), or through a central angle of 6507'49" (65 degrees 06'15" per F.D.O.T. map), having a chord distance of 80.73 feet and a chord bearing of North 31 degrees 47'25" East, to the Point of Tangency thereof; thence run North 64 degrees 21'19" East (North 64 degrees 17'40" East per F.D.O.T. map), along said Southerly right-of-way line, a distance of 1250.13 feet to a point therein; thence, departing said Southerly right-of-way line of Eleventh Street, run Southerly and Easterly, along a curve, concave Easterly, and having a radius of 397.81 feet; thence run Southerly and Easterly, along said curve, a distance of 268.87 feet, or through a central angle of 38 degrees 43'28", having a chord distance of 263.78 feet and a chord bearing of South 44 degrees 06'11" East to the Point of Tangency thereof; thence run South 24 degrees 44'27" East a distance of 230.27 feet; thence run South 39 degrees 17'04" East a distance of 192.82 feet to the Point of Tangency of a curve to the left, said curve having a radius of 4703.96 feet and a central angle of 04 degrees 07'28"; thence run Southerly and Easterly, along said curve, a distance of 338.61 feet, having a chord distance of 338.53 feet and a chord bearing of South 19 degrees 03'59" East to the Point of Compound Curvature of a curve to the left, said curve having a radius of 1638.51 feet and a central angle of 12 degrees 20'12"; thence run Southerly and Easterly, along said curve, a distance of 352.80 feet, having a chord distance of 352.12 feet and a chord bearing of South 27 degrees 17'49" East to the Point of Compound Curvature of a curve to the left, said curve having a radius of 471.84 feet and a central angle of 27 degrees 19'26"; thence run Southerly and Easterly, along said curve, a distance of 225.02 feet, having a chord distance of 222.89 feet and a chord bearing of South 47 degrees 07'39" East to the Point of Reverse Curvature of a curve to the right, said curve having a radius of 27654.59 feet and a central angle of 01 degrees 08'14"; thence run Southerly and Easterly, along said curve, a distance of 548.95 feet, having a chord distance of 548.94 feet and a chord bearing of South 60 degrees 13'14" East to the Point of Compound Curvature of a curve to the right, said curve having a radius of 817.82 feet and a central angle of 19 degrees 47'54"; thence run Southerly and Easterly, along said curve, a distance of 282.59 feet, having a chord distance of 281.19 feet and a chord bearing of South 49 degrees 45'10" East to the Point of Compound Curvature of a curve to the right, said curve having a radius of 689.52 feet and a central angle of 30 degrees 16'48"; thence run Southerly and Easterly, along said curve, a distance of 364.40 feet, having a chord distance of 360.18 feet and a chord bearing of South 24 degrees 42'50" East, to the Point of Reverse Curvature of a curve to the left, said curve having a radius of 44977.15 feet and a central angle of 00 degrees 54'22"; thence run Southerly and Easterly, along said curve, a distance of 711.30 feet, having a chord distance of 711.29 feet and a chord bearing of South 10 degrees 01'37" East to the Point of Reverse Curvature of a curve to the right, said curve having a radius of 85351.12 feet and a central angle of 00 degrees 15'35"; thence run Southerly and Easterly, along said curve, a distance of 386.86 feet, having a chord distance of 386.86 feet and a chord bearing of South 10 degrees 21'01" East to the Point of Reverse Curvature of a curve to the left, said curve having a radius of 2145.74 feet and a central angle of 09 degrees 15'55"; thence run Southerly and Easterly, along said curve, a distance of 346.99 feet, having a chord distance of 346.61 feet and a chord bearing of South 14 degrees51'11" East, to the Point of Compound Curvature of a curve to the left, said curve having a radius of 881.18 feet and a central angle of 21 degrees 38'42"; thence run Southerly and Easterly, along said curve, a distance of 332.89 feet, having a chord distance of 330.91 feet and a chord bearing of South 30 degrees 18'29" East, to the Point of Reverse Curvature of a curve to the right, said curve having a radius of 634.07 feet and a central angle of 24 degrees 08'12"; thence run Southerly and Easterly, along said curve, a distance of 267.11 feet, having a chord distance of 265.14 feet and a chord bearing of South 29 degrees 03'44'' East to the Point Reverse Curvature of a curve to the left, said curve having a radius of 7337.11 feet and a central angle of 02 degrees 02'20"; thence run Southerly and Easterly, along said curve, a distance of 261.10 feet, having a chord distance of 261.08 feet and a chord bearing of South 18 degrees 00'48" East to the Point of Tangency thereof; thence run South 75 degrees 29'28" East a distance of 61.32 feet; thence run South 45 degrees 02'04" East a distance of 70.58 feet; thence run South 55 degrees 22'59" East a distance of 74.58 feet; thence run South 53 degrees 54'44" East a distance of 123.51 feet; thence run South 53 degrees 27'15" East a distance of 110.00 feet; thence run South 25 degrees 20'31" East a distance of 199.03 feet; thence run South 61 degrees 52'08" West a distance of 217.66 feet; thence run South 21 degrees 39'56" East a distance of 456.10 feet; thence run North 70 degrees 19'19" East a distance of 249.84 feet; thence run South 07 degrees 17'17" East a distance of 254.15 feet; thence run South 01 degrees 10'43" East a distance of 246.45 feet; thence run South 28 degrees 04'00" West a distance of 57.51 feet; thence run South 27 degrees 37'10" West a distance of 91.14 feet; thence run South 29 degrees 24'23" West a distance of 101.59 feet; thence run South 28 degrees 22'25" West a distance of 56.54 feet; thence run South 23 degrees 10'06" West a distance of 116.83 feet to a point, said point lying in a curve, concave Easterly, said curve having a radius of 2566.72 feet and a central angle of 04 degrees 16'12"; thence run Southerly and Easterly, along said curve, a distance of 191.29 feet, having a chord distance of 191.24 feet and a chord bearing of South 02 degrees 24'11" East, to the Point of Compound Curvature of a curve to the left, said curve having a radius of 3397.22 feet and a central angle of 14 degrees 20'40"; thence run Southerly and Easterly, along said curve, a distance of 850.52 feet, having a chord distance of 848.30 feet and a chord bearing of South 11 degrees 42'37" East to the Point of Compound Curvature of a curve to the left, said curve having a radius of 1230.00 feet and a central angle of 25 degrees 00'33"; thence run Southerly and Easterly, along said curve, a distance of 536.88 feet, having a chord distance of 532.63 feet and a chord bearing of South 31 degrees 23'13" East to the Point of Compound Curvature of a curve to the left, said curve having a radius of 1009.14 feet and a central angle of 12 degrees 59'42"; thence run Southerly and Easterly, along said curve, a distance of 228.88 feet, having a chord distance of 228.39 feet and a chord bearing of South 50 degrees 23'21" East, to the Point of Tangency thereof; thence run South 56 degrees 53'12" East a distance of 101.20 feet to the Point of Curvature of a curve to the right, said curve having a radius of 405.47 feet and a central angle of 53 degrees 07'57"; thence run Southerly and Easterly, along said curve, a distance of 376.01 feet, having a chord distance of 362.68 feet and a chord bearing of South 30 degrees 19'14" East, to the Point of Compound Curvature of a curve to the right, said curve having a radius of 834.58 feet and a central angle of 26 degrees 48'32"; thence run Southerly and Westerly, along said curve, a distance of 390.50 feet, having a chord distance of 386.95 feet and a chord bearing of South 09 degrees 39'01" West to the Point of Reverse Curvature of a curve to the left, said curve having a radius of 540.74 feet and a central angle of 53 degrees 48'25"; thence run Southerly and Easterly, along said curve, a distance of 507.81 feet, having a chord distance of 489.36 feet and a chord bearing of South 03 degrees 50'55" East to the Point Reverse Curvature of a curve to the right, said curve having a radius of 7495.84 feet and a central angle of 02 degrees 38'23"; thence run Southerly and Easterly, along said curve, a distance of 345.34 feet, having a chord distance of 345.31 feet and a chord bearing of South 29 degrees 25'57" East to the Point of Compound Curvature of a curve to the right, said curve having a radius of 623.80 feet and a central angle of 27 degrees 41'49"; thence run Southerly and Easterly, along said curve, a distance of 301.55 feet, having a chord distance of 298.62 feet and a chord bearing of South 14 degrees 15'51" East to the Point of Reverse Curvature of a curve to the left, said curve having a radius of 2412.56 feet and a central angle of 07 degrees 28'54"; thence run Southerly and Easterly, along said curve, a distance of 315.03 feet, having a chord distance of 314.81 feet and a chord bearing of South 04 degrees 09'23" East, to the Point of Compound Curvature of a curve to the left, said curve having a radius of 1127.49 feet and a central angle of 10 degrees 57'01"; thence run Southerly and Easterly, along said curve, a distance of 215.48 feet, having a chord distance of 215.16 feet and a chord bearing of South 13 degrees 22'20" East, to a point; thence run South 30 degrees 31'09" West a distance of 635.44 feet; thence run South 12 degrees 13'30" East a distance of 98.61 feet; thence run South 16 degrees 03'21" East a distance of 72.06 feet; thence run South 17 degrees 09'45" East a distance of 11.25 feet; thence run South 17 degrees 05'17" East a distance of 60.81 feet; thence run South 18 degrees 02'24" East a distance of 72.04 feet; thence run South 19 degrees 05'10" East a distance of 72.08 feet; thence run South 20 degrees 02'54" East a distance of 71.99 feet; thence run South 21 degrees 05'34" East a distance of 72.08 feet; thence run South 22 degrees 53'29" East a distance of 108.95 feet; thence run South 04 degrees 10'49" West a distance of 45.54 feet to a point, said point lying in a curve, concave Northeasterly, said curve having a radius of 4147.11 feet and a central angle of 00 degrees 38'03"; thence run Southerly and Easterly, along said curve, a distance of 45.90 feet, having a chord distance of 45.90 feet and a chord bearing of South 23 degrees 57'44" East to a point; thence run South 73 degrees 04'08" West a distance of 247.53 feet; thence run South 16 degrees 55'52" East a distance of 69.97 feet; thence continue South 16 degrees 55'52" East a distance of 1234.58 feet; thence run South 67 degrees 37'05" West a distance of 94.86 feet to a point in the Southerly right-of-way line of a 50-foot wide State of Florida Outfall Ditch Easement, as described in deed from Tomoka Land Company, dated June 16, 1941, and recorded in Deed Book 291, Page 272, of the Public Records of Volusia County, Florida; thence run North 81 degrees 20'55" West (North 81 degrees 23'36" West per deed), along the Southerly line of said Outfall Ditch Easement, a distance of 800 feet, more or less, to a point in the Easterly bank of the Tomoka River; thence run Southerly and Easterly, along the Easterly bank of the Tomoka River, a distance of 8100 feet, more or less, to a point lying 5 feet Northerly of, as measured at right angles to, the Northerly right-of-way line of the 240-foot wide right-of-way of State Road #600 (U.S. Highway #92), as shown on the State of Florida, Department of Transportation Right-of-Way Map, Section 7906, revision dated July 12, 1940; thence run South 51 degrees 01'34" West (South 50 degrees 51'45" West per F.D.O.T. map) a distance of 5455 feet, more or less, to a point, said point being 5 feet Northeasterly of the Easterly right- of-way line of the aforementioned Eleventh Street; thence, running parallel to and 5 feet Northerly or Easterly from the right-of-way line of said Eleventh Street run the following courses and distances: South 74 degrees 43'02" West (South 74 degrees 38'29" West per F.D.O.T. map), a distance of 388.29 feet; thence run North 75 degrees 52'42" West (North 75 degrees 57'15" West per F.D.O.T. map) a distance of 745.26 feet; thence run North 61 degrees 40'39" West (North 61 degrees 45'12" West per F.D.O.T. map) a distance of 588.04 feet; thence run South 39 degrees 33'17" West to the Easterly right-of-way line of said Eleventh Street (at this point the right-of-way of Eleventh Street becomes 200 feet wide); thence run North 39 degrees 03'42" West (North 39 degrees 08'15" West, 4016.04 feet, per F.D.O.T. map) a distance of 4015.80 feet to a point therein, said point lying in a curve, concave Northerly, and having a radius of 1841.75 feet; thence run Northerly and Westerly, along said curve, a distance of 864.15 feet, or through a central angle of 26 degrees 53'00", having a chord distance of 886.25 feet and a chord bearing of North 25 degrees 37'12" West to the Point of Cusp of a curve, concave Southerly, and having a radius of 100.00 feet; thence run Southerly and Easterly, along said curve, a distance of 170.88 feet, or through a central angle of 97 degrees 54'24", having a chord distance of 150.83 feet and a chord bearing of South 61 degrees 12'48" East to the Point of Reverse Curvature of a curve to the left, said curve having a radius of 2177.89 feet and a central angle of 10 degrees 25'48"; thence run Northerly and Easterly, along said curve, a distance of 396.46 feet, having a chord distance of 395.91 feet and a chord bearing of North 64 degrees 37'06" East to the Point of Compound Curvature of a curve to the left, said curve having a radius of 699.34 feet and a central angle of 16 degrees 47'06"; thence run Northerly and Easterly, along said curve, a distance of 204.87 feet, having a chord distance of 204.14 feet and a chord bearing of North 51 degrees 00'40" East to the Point of Curvature of a curve to the left, said curve having a radius of 2039.93 feet and a central angle of 19 degrees 56'00"; thence run Northerly and Easterly, along said curve, a distance of 709.70 feet, having a chord distance of 706.13 feet and a chord bearing of North 32 degrees 39'07" East to the Point of Reverse Curvature of a curve to the right, said curve having a radius of 1357.26 feet and a central angle of 22 degrees 20'20"; thence run Northerly and Easterly, along said curve, a distance of 529.18 feet, having a chord distance of 525.83 feet and a chord bearing of North 33 degrees 51'17" East to the Point of Tangency thereof; thence run North 45 degrees 01'27" East a distance of 357.30 feet to the Point of Curvature of a curve to the left, said curve having a radius of 970.00 feet and a central angle of 02 degrees 36'05"; thence run Northerly and Easterly, along said curve, a distance of 44.04 feet, having a chord distance of 44.04 feet and a chord bearing of North 43 degrees 43'24" East to a point; thence run South 30 degrees 39'13" East a distance of 91.14 feet; thence run North 39 degrees 50'12" East a distance of 2033.09 feet to a point in the Southerly line of the City of Daytona Beach Sewage Treatment Plant, as described in Official Records Book 1875, Page 1551, of the Public Records of Volusia County, Florida; thence run North 89 degrees 33'20" East (North 89 degrees 33'15" East per deed), a distance of 294.14 feet to the Southeast corner of said parcel; thence run North 00 degrees 37'30" West (North 00 degrees 37'36" West, 1947.42 feet per deed) a distance of 1947.54 feet to the Northeast corner of said parcel, said point also lying in the Southerly line of a 50-foot wide City of Daytona Beach Easement as described in Official Records Book 1478, Page 598, of the Public Records of Volusia County, Florida; thence run South 70 degrees 42'56" West (South 70 degrees 43'27" West, 862.55 feet, per Sewage Treatment Plant deed and South 70 degrees 37'55" West per Easement deed) along the Northerly line of said Sewage Treatment Plant parcel and the Southerly line of said Easement, a distance of 862.59 feet; thence run South 89 degrees 33'29" West (South 89 degrees 33'15" West, 1183.16 feet per Sewage Treatment Plant deed and South 89 degrees 33'15" West, 1183.93 feet per Easement deed) a distance of 1183.22 feet to the Northwest corner of said Sewage Treatment Plant parcel and the end of said Easement, said point also lying in the East line of the City of Daytona Beach Well Field Site, as described in Official Records Book 92, Page 687, of the Public Records of Volusia County, Florida; thence run North 00 degrees 34'23" West, along the East line of said City of Daytona Beach Well Field Site, a distance of 50.00 feet to the Northeast corner thereof; thence run South 89 degrees 33'09" West, along the North line of said City of Daytona Beach Well Field Site, being also the North line of Section 29, Township 15 South, Range 32 East, a distance of 1281.00 feet to an intersection with the Easterly right-of-way line of the aforementioned Eleventh Street; thence run North 00 degrees 06'57" West (North 00 degrees 11'30" West per F.D.O.T. map), along said Easterly right-of-way line, a distance of 11083.14 feet to the Point of Curvature of a curve to the right, said curve having a radius of 1809.86 feet and a central angle of 64 degrees 28'16"; thence run Northerly and Easterly, along said curve, a distance of 2036.39 feet, having a chord distance of 1930.65 feet and a chord bearing of North 32 degrees 07'11" East, to the Point of Tangency thereof; thence run North 64 degrees 21'19" East (North 64 degrees 16'30" East per F.D.O.T. map), along the Southerly line of said Eleventh Street, a distance of 1553.03 feet; thence run North 89 degrees 13'54" East a distance of 67.62 feet to the POINT OF BEGINNING of this description, EXCEPTING THEREFROM the State of Florida Sovereignty Lands of the Tomoka River, the L.P.G.A. Golf Course, as described in Official Records Book 3799, Page 1647, the L.P.G.A- Entrance Road, Phase I (now known as Champions Drive), as described in Official Records Book 3713, Page 1288, and a portion of Section 33, Township 15 South, Range 32 East, deeded from Patricia Lagoni, as Trustee, to Florida Power & Light Company, as described in Official Records Book 3783, Page 2241, all of the Public Records of Volusia County, Florida, and the City of Daytona Beach Maintenance Building Access Road, said parcel also being subject to Florida Power & Light Company Easements as described in Official Records Book 170, Pages 347-349, Official Records Book 511, Pages 86-88, and Official Records Book 1335, Page 500, all of the Public Records of Volusia County, Florida, and also being subject to any other easements of record, said parcel having a net acreage of 2,480 acres, more or less. Specific Authority 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: Joseph Benedict, III; Patricia Lagoni; Gary Moothart; William H. McMunn; Bruce H. Teeters. Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.006(1) FS. History--New - - .
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) in this proceeding is whether to grant the Petition to Establish the Pioneer Community Development District (Petition). The local public hearing was for purposes of gathering information in anticipation of quasi-legislative rulemaking by FLWAC.2
The Issue The issue is whether the establishment of the Bartram Springs Community Development District meets the applicable criteria set forth in Chapter 190, Florida Statutes.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: Overview Petitioner, SouthStar Development Partners, Inc., is seeking the adoption of a rule by the Florida Land and Water Adjudicatory Commission (Commission) to establish a community development district proposed to consist of approximately 1,025 acres located within the boundaries of the City of Jacksonville (City). The City is a consolidated government which has jurisdiction over and extends territorially to the limits of Duval County. The proposed name for the new District is the Bartram Springs Community Development District (the District). There are no parcels within the external boundaries of the proposed District which are to be excluded from the District. The estimated cost of the infrastructure facilities and services which are presently expected to be provided to the lands within the District was included in the Petition. The sole purpose of this proceeding was to consider the establishment of the District as proposed by Petitioner. Summary of Evidence and Testimony Whether all statements contained within the Petition have been found to be true and correct. Petitioner's Composite Exhibit 1 consists of the Petition and its attachments as filed with the Commission. Mr. J. Thomas Gillette, III, regional manager for north Florida for Petitioner, testified that he had reviewed the contents of the Petition and approved its findings. Mr. Gillette also generally described certain of the attachments to the Petition. Finally, Mr. Gillette testified that the Petition and its attachments were true and correct to the best of his knowledge. Mr. Douglas C. Miller, a professional engineer with England, Thims & Miller, Inc., testified that he had assisted in the preparation of portions of the Petition and its attachments. Mr. Miller also generally described certain of the attachments to the Petition which he or his office had prepared. Finally, Mr. Miller testified that the attachments to the Petition prepared by England, Thims & Miller, Inc., and admitted into evidence, were true and correct to the best of his knowledge. Dr. Henry H. Fishkind, president of Fishkind & Associates, Inc., testified that he had prepared Exhibit 11 to the Petition, the Statement of Estimated Regulatory Costs (SERC). Dr. Fishkind also testified that the SERC submitted as Attachment 11 to Petitioner's Composite Exhibit 1 was true and correct to the best of his knowledge. The Petition included written consent to establish the District from the owners of one hundred percent of the real property located within the lands to be included in the proposed District. Mr. Gillette also testified that the ownership of the lands to be included within the proposed District had not changed. The Petition and its exhibits are true and correct. Whether the establishment of the District is inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. Mr. Gary R. Walters, a land planner and president of Gary Walters & Associates, reviewed the proposed District in light of the requirements of the State Comprehensive Plan found in Chapter 187, Florida Statutes. Mr. Walters also reviewed the proposed District in light of the requirements of the City of Jacksonville Comprehensive Plan. The State Comprehensive Plan "provides long-range policy guidance for the orderly social, economic and physical growth of the State" by way of twenty-six subjects, and numerous goals and policies. From a planning perspective, two subjects of the State Comprehensive Plan apply directly to the establishment of the proposed District, as do the policies supporting those subjects. Subject 16, Land Use, recognizes the importance of locating development in areas with the fiscal ability and service capacity to accommodate growth. The proposed District will have the fiscal ability to provide services and facilities and help provide infrastructure in a fiscally responsible manner in an area which can accommodate development within the City. Subject 26, Plan Implementation, provides that systematic planning shall be integrated into all levels of government, with emphasis on intergovernmental coordination. The proposed District is consistent with this element of the State Comprehensive Plan because the proposed District will systematically plan for the construction, operation, and maintenance of the public improvements and the community facilities authorized under Chapter 190, Florida Statutes, subject to and not inconsistent with the local government comprehensive plan and land development regulations. Additionally, the District meetings are publicly advertised and are open to the public so that all District property owners and residents can be involved in planning for improvements. Finally, Section 189.415, Florida Statutes, requires the District to file and update public facilities reports with the local governments, which they may rely upon in any revisions to the local comprehensive plan. Dr. Fishkind reviewed the proposed District in light of the requirements of the State Comprehensive Plan and found that from a financial perspective, two subjects of the State Comprehensive Plan apply directly to the establishment of the proposed District, as do the policies supporting those subjects. Subject 18, Public Facilities, provides that the state shall protect substantial investments in public facilities and plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. The proposed District will be consistent with this element because the District will plan and finance the infrastructure systems and facilities needed for the development of lands within the District; it will be a stable, perpetual unit of local government and will be able to maintain the infrastructure servicing the lands within the District; and it will allow growth within the District to pay for itself at no cost to the City. Subject 21, Governmental Efficiency, provides that governments shall economically and efficiently provide the amount and quality of services required by the public. The proposed District will be consistent with this element because the proposed District will economically and efficiently finance and deliver those public services and facilities as needed by the District's residents and property owners. The proposed District will be professionally managed, financed, and governed by those whose property directly receives the benefits of the services and the facilities provided. Creating a District does not burden the general taxpayer with the costs for the services or facilities inside the proposed District. Based on the testimony and exhibits in the record, the proposed District will not be inconsistent with any applicable element or portion of the State Comprehensive Plan. The City of Jacksonville Comprehensive Plan contains various elements which are supported by numerous goals and objectives. Mr. Walters testified that portions of three of these elements were relevant when determining whether or not the proposed District was inconsistent with the local comprehensive plan. Within the Future Land Use Element are Goals and Objectives which are targeted to effectively manage growth in areas designated to accommodate future development and provide services in a cost-efficient manner. The proposed District is consistent with this plan element. The development within the proposed District is part of a Chapter 380, Florida Statutes, Development Order, which states that the "development is consistent with the local comprehensive plan and local land development and zoning regulations." The Development Order itself specifically notes that a community development district may be established. The proposed District is a recognized vehicle to provide the necessary services and facilities to the lands within the boundaries of the proposed District consistent with the City of Jacksonville Comprehensive Plan’s objective of coordinating land uses with urban services delivery. The goal of the Intergovernmental Coordination Element is to establish processes among various governmental, public, and private entities to coordinate development activities, preservation of the quality of life, and the efficient use of available resources. The proposed District will assist in the coordination process by providing and maintaining community infrastructure in a way that is not inconsistent with the plans and activities of related public and private agencies. The Capital Improvements Element is intended to provide necessary infrastructure in a timely and orderly manner. The proposed District will expand the areas within the City that receive infrastructure in a manner consistent with the Development Order for the area and the City of Jacksonville Comprehensive Plan. Based on the evidence in the record, the proposed District will not be inconsistent with any applicable element or portion of the local Comprehensive Plan, and will in fact further the goals provided. The Florida Department of Community Affairs (DCA) reviewed the Petition for compliance with its various programs and responsibilities. After conducting a review of the petition for consistency with the approved Development Order and Comprehensive Plan, the DCA concluded that the Petition for the Establishment of the Bartram Springs Community Development District was not inconsistent with either the Comprehensive Plan or Development Order. 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. Testimony on this criterion was provided by Messrs. Miller, Walters, and Fishkind. The proposed District will include approximately 1,025 acres, located within the borders of the City. All of the land in the proposed District is part of a planned community included in the Bartram Park Development of Regional Impact (the DRI). Functional interrelation means that each community purpose has a mutual reinforcing relationship with each of the community's other purposes. Each function requires a management capability, funding source, and an understanding of the size of the community's needs, so as to handle the growth and development of the community. Each function must be designed to contribute to the development or the maintenance of the community. The size of the District as proposed is approximately 1,025 acres. From a planning perspective, this is a sufficient size to accommodate the basic infrastructure facilities and services typical of a functionally interrelated community. The proposed facilities can be provided in an efficient, functional, and integrated manner. Compactness relates to the location in distance between the lands and land uses within a community. The community is sufficiently compact to be developed as a functionally inter-related community. The compact configuration of the lands will allow the District to provide for the installation and maintenance of its infrastructure in a long-term, cost-efficient manner. Petitioner is developing all of the lands within the District as a single master-planned community. All of these lands are governed by the DRI issued by the City. From planning, economics, engineering, and management perspectives, the area of land to be included in the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a single functionally interrelated community. Whether the proposed district is the best alternative available for delivering community development services and facilities to the area that will be served by the proposed district. It is presently intended that the District will construct or provide certain infrastructure improvements as outlined in the Petition. Installation and maintenance of infrastructure systems and services by the proposed District is expected to be paid through the imposition of special assessments. Use of such assessments will ensure that the real property benefiting from District services is the same property which pays for them. Two alternatives to the use of the District were identified. First, the City might provide facilities and services from its general fund. Second, facilities and services might be provided by some private means, with maintenance delegated to a property owners' association or a home owners' association. The District is preferable to these alternatives at focusing attention on when, where, and how the next system of infrastructure will be required. This results in a full utilization of existing facilities before new facilities are constructed and reduces the delivered cost to the citizens being served. The District will construct certain infrastructure and community facilities which will be needed by the property owners and residents of the project. Expenses for the operation and maintenance of the facilities the District retains are expected to be paid through maintenance assessments to ensure that the property receiving the benefit of the district services is the same property paying for those services. Only a community development district allows for the independent financing, administration, operations, and maintenance of the land within such a district. Only a community development district allows district residents to ultimately completely control the district. The other alternatives do not have these characteristics. From an engineering perspective, the proposed District is the best alternative to provide the proposed community development services and facilities to the land included in the proposed District because it is a long-term, stable, perpetual entity capable of maintaining the facilities over their expected life. From planning, economic, engineering, and special district management perspectives, the proposed 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 proposed district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The services and facilities proposed to be provided by the District are not incompatible with uses and existing local and regional facilities and services. The District's facilities and services will not duplicate any existing regional services or facilities. None of the proposed services or facilities are presently being provided by another entity for the lands to be included within the District. Therefore, the community development services and facilities of the proposed district will not 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. As cited previously, from planning, economic, engineering, and special district management perspectives, the area of land to be included in the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed and become a functionally interrelated community. The community to be included in the District has a need for certain basic infrastructure systems, and the proposed District provides for an efficient mechanism to oversee the installation of these improvements. From planning, engineering, economic, and management perspectives, the area that will be served by the District is amenable to separate special-district government. Other requirements imposed by statute or rule. Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code, impose specific requirements regarding the petition and other information to be submitted to the Commission. The Commission has certified that the Petition to Establish the Bartram Springs Community Development District meets all of the requirements of Section 190.005(1)(a), Florida Statutes. The SERC contains an estimate of the costs and benefits to all persons directly affected by the proposed rule to establish the District -- the State of Florida and its citizens, the City and its citizens, Petitioner, and consumers. Beyond administrative costs related to rule adoption, the State and its citizens will only incur minimal costs from establishing the District. These costs are related to the incremental costs to various agencies of reviewing one additional local government report. The proposed District will require no subsidies from the State. Benefits will include improved planning and coordination of development, which is difficult to quantify but nonetheless substantial. Administrative costs incurred by the City related to rule adoption will be modest. These modest costs are offset by the $15,000 filing fee required to accompany the Petition to the City. Residents within the District will pay non-ad valorem or special assessments for certain facilities. Locating within the District is voluntary. Generally, District financing will be less expensive than maintenance through a property owners' association or capital improvements financed through developer loans. Benefits to residents within the community development district will include a higher level of public services and amenities than might otherwise be available, completion of District-sponsored improvements to the area on a timely basis, and a larger share of direct control over community development services and facilities within the area. Section 190.005(1)(a), Florida Statutes, requires a petition to include a SERC which meets the requirements of Section 120.541, Florida Statutes. The Petition filed herein contains a SERC. It meets all requirements of Section 120.541, Florida Statutes. Petitioner has complied with the provisions of Section 190.005(1)(b)1., Florida Statutes, in that the City was provided four copies of the Petition and was paid the requisite filing fee. Section 190.005(1)(d), Florida Statutes, requires the Petitioner to publish notice of the local public hearing in a newspaper of general circulation in Duval County for four consecutive weeks prior to the hearing. The notice was published in a newspaper of general paid circulation in Duval County (The Florida Times Union) for four consecutive weeks on May 3, May 10, May 17, and May 24, 2002.
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 Bartram Springs Community Development District, as requested by Petitioner, by formal adoption of the proposed rule attached to this Report as Appendix C. DONE AND ENTERED this 19th 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 19th day of June, 2002. COPIES FURNISHED: Cheryl G. Stuart, Esquire Hopping Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32314-6526 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 Gregory M. Munson, Esquire Office of the Governor 400 South Monroe Street, Room 209 Tallahassee, Florida 32399-6536 APPENDIX A Petitioner's Witnesses at Hearing J. Thomas Gillette, III SouthStar Development Partners, Inc. 4720 Salisbury Road, Suite 126 Jacksonville, Florida 32256-6101 Douglas C. Miller, P.E. England, Thims & Miller, Inc. 14775 St. Augustine Road Jacksonville, Florida 32258-2463 Gary R. Walters Gary Walters & Associates 12 Crooked Tree Trail Ormond Beach, Florida 32174-4338 Dr. Henry H. Fishkind Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, Florida 32817-1490 APPENDIX B List of Petitioner's Exhibits Exhibit Number Exhibit Description Petition with attachments Notice of Receipt of Petition Division of Administrative Hearings Referral Letter Department of Community Affairs Transmittal Letter Department of Community Affairs Review Letter Ordinance 2000-451-E State Comprehensive Plan The Florida Times Union Proof of Publication APPENDIX C Text of Proposed Rule CHAPTER 42___-1 BARTRAM SPRINGS COMMUNITY DEVELOPMENT DISTRICT 42___-1.001 Establishment. 42___-1.002 Boundary. 42___-1.003 Supervisors. 42____-1.001 Creation. The Bartram Springs Community Development District is hereby established. Specific Authority 120.53(1), 190.005 F.S. Law Implemented 190.005 F.S. History-New 42____-1.002 Boundary. The boundaries of the District are as follows: A portion of Sections 28, 29, 32 and 33, together with a portion of Section 48, of the Christopher Minchin Grant, all lying in Township 4 South, Range 28 East, Duval County, Florida, being more particularly described as follows: For a Point of Reference, commence at the corner common to said Sections 32 and 33, Township 4 South, Range 28 East, said Duval County and Sections 4 and 5, Township 5 South, Range 28 East, St. Johns County, Florida, said corner also lying on the county line dividing said Duval and St. Johns Counties; thence North 89° 04' 41" East, along said county line, 3281.18 feet; thence North 00° 55' 19" West, departing said county line, 5.00 feet to the Point of Beginning. From said Point of Beginning, thence South 89° 04' 41" West, 3281.22 feet to a point lying on the line common to said Sections 32 and 33; thence South 89° 33' 42" West, departing said common line, 699.85 feet to the Easterly limited access right of way line of State Road No. 9B, a variable width right of way as established on State Road Department Right of Way Map Section 72002-2513, dated 09-08-92; thence Northwesterly and Northeasterly, along said Easterly limited access right of way line, the following courses: (1) North 40° 25' 37" West, 2161.10 feet to the Point of Curvature of a curve, concave Northeasterly having a radius of 2744.79 feet; (2) along the arc of said curve, through a central angle of 14° 47' 23", an arc length of 708.51 feet to the Point of Tangency of said curve, said arc being subtended by a chord bearing and distance of North 33° 01' 55" West, 706.55 feet; (3) North 25° 38' 14" West, 2143.97 feet to the Point of Curvature of a curve, concave Easterly having a radius of 1789.86 feet; (4) along the arc of said curve through a central angle of 37° 18' 23", an arc length of 1165.41 feet to a point on said curve, said arc being subtended by a chord bearing and distance of North 06° 59' 02" West, 1144.93 feet; (5) North 10° 17' 40" East, along a non-tangent bearing, 500.14 feet; (6) North 11° 40' 10" East, 1913.60 feet to a point lying on the Southerly line of the North 1/2 of said Section 29; thence North 88° 42' 41" East, departing said Easterly limited access right of way line and along last said line, 2914.25 feet to the Southwest corner of the Northwest 1/4 of said Section 28; thence North 89° 02' 27" East, along the Southerly line of the Northwest 1/4 of said Section 28, a distance of 233.49 feet to a point lying on the Westerly right of way line of the Florida East Coast Railroad, a 100 foot right of way as now established; thence South 41° 00' 02" East, along said Westerly right of way line, 1203.71 feet to a point lying on the Westerly line of the Easterly 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 28; thence South 00° 59' 05" East, departing said Westerly right of way line and along said Westerly line of the Easterly 1/4, a distance of 424.47 feet to the Southwest corner of said East 1/4 of the Northwest 1/4 of the Southwest 1/4; thence North 88° 54' 34" East, along the Southerly line of said East 1/4, a distance of 355.82 feet to a point lying on the aforementioned Westerly right of way line; thence South 41° 00' 02" East, along said Westerly right of way line, 6946.50 feet; thence South 81° 44' 38" West, departing said Westerly right of way line, 1239.95 feet; thence North 89° 51' 10" West, 1102.07 feet; thence South 10° 16' 03" West, 955.68 feet to the Point of Beginning. Containing 1025.40 acres, more or less. Specific Authority 120.53(1), 190.005 F.S. Law Implemented 190.004, 190.005 F.S. History-New 42____-1.003 Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: J. Thomas Gillette, III, L. Alfredo Rodriguez-Walling, Walter Kehoe, Thaddeus D. Rutherford, and Leo W. Johns. Specific Authority 120.53(1), 190.005 F.S. Law Implemented 190.006(1) F.S. History-New.
The Issue The sole issue to be addressed is whether the Petition to establish the community development district meets the applicable criteria set forth in Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code.
Conclusions On Wednesday, November 17, 1999, at 9:30 a.m., the local public hearing in this proceeding was held before Judge Don W. Davis. The hearing was held at the Department of Business and Professional Regulation, Room 526, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida. The hearing was conducted pursuant to Section 190.005, Florida Statutes, for the purpose of taking testimony and public comment and receiving exhibits on the Petition of The St. Joe Company (Petitioner) to establish a community development district. This report is prepared and submitted to the Florida Land and Water Adjudicatory Commission (Commission) pursuant to Section 190.005, Florida Statutes.
Recommendation Based upon the foregoing findings of fact and conclusions of law, the undersigned as administrative law judge, recommends that the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, pursuant to Chapters 190 and 120, Florida Statutes, and Chapter 42-1, Florida Administrative Code, establish the Capital Region Community Development District as requested by the Petitioner (and as such request was amended at hearing on November 17, 1999) by formal adoption of the proposed rule attached to this Report of Findings and Conclusions as Exhibit 3. DONE AND ENTERED this 9th day of December, 1999, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 9th day of December, 1999.
Conclusions Based on the entire record in this matter, it is concluded that the evidence supports or meets each of the criteria listed in section 19o.005(1)(e), F.S. That all statements contained within the Petition as corrected at the hearing are true and correct. That the creation of the District is consistent with all applicable elements of the State Comprehensive Plan, the Brevard County Comprehensive Plan as amended, and the City of Rockledge Comprehensive Plan. That 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. That the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. That the community development services and facilities of the District will be compatible with the capacity and uses of existing local and regional community development services and facilities. That the area to be served by the District is amenable to separate special district government. DONE and ENTERED this 22nd day of January, 1991, in Tallahassee, Leon County, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of January, 1991. APPENDIX APPENDIX A PETITIONER'S WITNESSES John R. Maloy The Viera Company 1802 South Fiske Boulevard Rockledge, Florida 32955 Fred Greene Gee & Jenson One Harvard Circle West Palm Beach, Florida 33409 Jack F. Glatting Glatting Lopez Kercher Anglin 33 East Pine Street Orlando, Florida 32801 Henry H. Fishkind, Ph.D. Fishkind & Associates, Inc. 507 North New York Avenue Suite 301 Winter Park, Florida 32789 Gary L. Moyer 10300 Northwest Eleventh Manor Coral Springs, Florida 33065 APPENDIX B LIST OF EXHIBITS AT HEARING Exhibit Description Composite exhibit of notice Petition to Establish the Viera East Community Development District as filed, with the exhibits: District Location Map Metes & Bounds Description Documentation of Ownership Map of Existing Uses Land Use Plan Existing Drainage Basins and Outfall Canals Estimated Infrastructure Cost Brevard County Comprehensive Plan City of Rockledge Comprehensive Plan Economic Impact Statement Designation of Agent Receipts for filing fee from City of Rockledge and Brevard County DRI Development Order for the Viera East Project -- Brevard County DRI Development Order for the Viera East Project -- City' of Rockledge Approved Brevard County Comprehensive Plan Amendments for Viera East DRI APPENDIX C MEMBERS OF THE PUBLIC John Fleming 944 Bridle Lane Rockledge, Florida Lee Wenner 1060 Matador Drive Rockledge, Florida Robert Preston 939 Bridle Place Rockledge, Florida Al Miller 26 South Hardee Circle Rockledge, Florida Janice Peterson 975 Beechfern Lane Rockledge, Florida APPENDIX D VIERA EAST COMMUNITY DEVELOPMENT DISTRICT CHAPTER 42 - VIERA EAST COMMUNITY DEVELOPMENT DISTRICT 42 - Creation. 42 - Boundary. 42 - Supervisors 42 - Creation. The Viera East Community Development district is hereby created. 42 - Boundary. The boundaries of the district are as follows: PARCEL 1 All of Section 27 and portions of Sections 22, 26, 28, 33, 34 and 35, Township 25 South, Range 36 East, and portions of Sections 2, 3, 4, 10 and 11, Township 26 South, Range 36 East, all in Brevard County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Section 10 and run N00058'45"W along the East line of said Section 10, for a distance of 50.04 feet to the North right of way line of Wickham Road and the POINT OF BEGINNING of the following described parcel; thence S86240'00"W along said North right of bay line of Wickham Road 1,791.05 feet; thence continue along said North right of way line S89231'32"W for 1,232.48 feet to the East line of Official Records Book 876, Page 569 of the Public Records of Brevard County, Florida; thence N14232'54"W along said East line for 766.98 feet to the North line of said Official Records Book 876, page 569; thence S75227'06"W along said North line for a distance of 768.49 feet to the Easterly right of way line of Interstate 95; thence N26201'27"W along said Easterly right of way line for a distance of 745.31 feet; thence N14232'54"W along said Easterly right of way line for a distance, of 2,308.02 feet; thence N60244'50"E for 346.47 feet; thence N37249'35"E for 170.97 feet; thence N52208'55"E for 84.63 feet; thence N75227'05"E for 550.00 feet; thence N77247'23"E for 75.00 feet; thence S83203'16"E for 75.00 feet; thence S83200'14"E for 410.74 feet; thence N06259'46"E for 104.22 feet to a point on a curve concave to the North, having a radius of 813.27 feet and to which a radial line bears S01209'22"W; thence Easterly along the arc of said curve for 328.78 feet, through a central angle of 23209'46 to the point of tangency; thence N67259'36"E for 243.76 feet to a point lying 30.00 feet West of the Westerly right of way line of Murrell Road, (a 120.00 foot wide right of way), as described in Official Records Book 2953, Page 2101 of the Public Records of Brevard County, Florida; thence Northerly and 30.00 filet West of 25 said Westerly right of way line the following seven (7) courses: (1) thence N22000'24"W for 742.63 feet to the point of curvature of a curve concave to the East and having a radius of 1,235.92 feet; (2) thence Northerly along the. arc of said curve for 582.56 feet, through a central angle of 27200-24 to the point of tangency; (3) thence N05200'00"E for 468.53 feet to the point of curvature of a curve concave to the West, having a radius of 1,055.92 feet; (4) thence Northerly along the arc of said curve for 497.59 feet, through a central angle of 27200'00" to the point of tangency; (5) thence N22200'00"W for 1,399.77 feet to the point of curvature of a curve concave to the East, having a radius of 1,235.92 feet; (6) thence Northerly along the arc of said curve for 593.20 feet, through a central angle of 27230'00 to the point of tangency; (7) thence N05236'00"E along said line lying 30.00 feet West of the Westerly right of way line of Murrell Road and its Northerly extension thereof, said line being the Westerly right of way line of proposed Murrell Road (150.00 foot wide right of way) for a distance of 1,365.19 feet; thence run N84230'00"W for 600.00 feet, to the point of curvature of a curve to the left, having a radius of 640.00 feet and a central angle of 48208'20"; thence run Southwesterly, along said curve, an arc distance of 537.72 feet; thence run N42238'20"W, a distance of 493.95 feet; thence run N14233'28"W, a distance of 580.00 feet; thence S75226'32"W for a distance of 1437.64 feet to said Easterly right of way line of Interstate 95; thence N14232'54"W along said Easterly right of way line of Interstate 95 for a distance of 8,929.18 feet to the point of curvature of a curve concave to the Southwest, having a radius of 5,879.65 feet; thence Northwesterly along the arc of said curve and said Easterly right of way line, for a distance of 2,592.25 feet, through a central angle of 24223'02" to the North line of the Northwest 1/4 of Section 28, Township 25 South, Range 36 East; thence N89234'55"E along said North line 2,011.71 feet to the North 1/4 corner of said Section 28; thence N89235'49"E along the North line of the Northeast 1/4 of said Section 28 for a distance of 2,649.14 feet to the Southwest corner of, said Section 22; thence N89244'33"E along the South line of said Section 22, for a distance of 4,533.48 feet to the West line of lands described in Official Records Book 2237, Page 2896 of the Public Records of Brevard County, Florida; thence N00215'56"W along said West line of Official Records Book 2237, Page 2896 for a distance of 1,969.91 feet to the South right of way line of Barnes Boulevard; thence S89247'58"E along said South right of bay line of Barnes Boulevard for a distance of 800.00 feet to the East line of said Section 22; thence S00215'56"E along said East line of Section 22, for a distance of 1,963.51 feet to the Southeast corner of said Section 22, said corner also being the Northeast corner of Section 27, Township 25 South, Range 36 East, Brevard County, Florida; thence S00221'41"E along the East line of the Northeast 1/4 of said Section 27, for a distance of 2,659.87 feet to the Northeast corner of the Southeast 1/4 of said Section 27; thence 26 S00240'49"W along the East line of the Southeast 1/4 of said Section 27, for a distance of 2,181.04 feet; thence S38250'18"E for 1,283.83 feet; thence South for 1,950.00 feet; thence S40214'11"E for 170.29 feet; thence South for 1,020.00 feet; thence S40236'05"E for 322.68 feet; thence S39242'36"W for 383.47 feet; thence S01247'24"E for 160.08 feet; thence S56218'36"E for 396.61 feet; thence S60238'32"E for 91.79 feet; thence S03216'14"E for 350.57 feet; thence S40227'54"W for 467.47 feet to the South line of aforesaid Section 35, Township 25 South, Range 36 East, Brevard County, Florida; thence S88257'29"W along said South line of Section 35, for a distance of 1,034.11 feet to the Northeast corner of Section 3, Township 26 South, Range 36 East; thence S01017'09"W along the East line of said Section 3, for a distance of 1,245.78 feet to the Northeast corner of INDIAN RIVER COLONY CLUB, P.U.D., PHASE 2, UNIT 1, as recorded in Plat Book 34, Page 92 of the Public Records of Brevard County, Florida; thence S88235'03"W along the North line of said INDIAN RIVER COLONY CLUB, P.U.D., PHASE 2, UNIT 1, and along the North line of INDIAN RIVER COLONY CLUB, P.U.D. PHASE 1, UNIT 2, as recorded in Plat Book 34, Page 36 of the Public Records of Brevard County, Florida, for 2,634.30 feet; thence S88228'04"W along the North line of said INDIAN RIVER COLONY CLUB, P.U.D., PHASE 1, UNIT 2, and along the North lines of INDIAN RIVER COLONY CLUB, P.U.D., PHASE 1, UNIT 1, as recorded in Plat Book 34, Pages 31 and 32 of the Public Records of Brevard County, Florida and INDIAN RIVER COLONY CLUB, P.U.D., PHASE 1, UNIT 3, as recorded in Plat Book 35, Page 91 of the Public Records of Brevard County, Florida, for a distance of 883.63 feet to the Easterly right of way line of Murrell Road, as recorded in Official Records Book 2953, Page 2101 of the Public Records of Brevard County, Florida; thence for the following seven (7) courses along said Easterly right of way line: (1) S05230'00"W for 785.19 feet to the point of curvature of a curve concave to the East, having a radius of 1,085.92 feet; (2) thence Southerly 521.20 feet along the arc of said curve through a central angle of 27230'00" to the point of tangency; (3) thence S22200'00"E for 1,399.77 feet to the point of curvature of a curve concave to the West, having a radius of 1,205.92 feet; (4) thence Southerly 568.28 feet along the arc of said curve, through a central angle of 27200'00" to the point of tangency; (5) thence S05200'00"W for 468.53 feet to the point of curvature of a curve concave to the East, having a radius of 1,085.92 feet; (6) thence Southerly 511.85 feet along the arc of said curve through a central angle of 27200'24" to the point of tangency; (7) thence S22200'24"E for 592.63 feet to the point of curvature of a curve concave to the Northeast, having a radius of 50.00 feet; thence Southeasterly 78.54 feet along the arc of said curve, through a central angle of 90200'00" to the point of tangency; thence N67259'36"E for 423.19 feet to the point of curvature of a curve concave to the South, having a radius of 960.00 feet; thence Easterly 318.71 feet along the arc of said curve, through a central angle of 19201'19 to the point of 27 tangency; thence N87200'55"E for 221.13 feet; thence N02259'05"W for 692.95 feet to the South line of INDIAN RIVER COLONY CLUB, P.U.D., PHASE 2, UNIT 4, as recorded in Plat Book 35, Pages 65 thru 67 of the Public Records of Brevard County, Florida; thence N86030'29"E along said South line of said INDIAN RIVER COLONY CLUB, P.U.D., PHASE 2, UNIT 4, for a distance of 1,620: .78 feet to the Southwest corner of said Section 2; thence N01217'32"E along the West line of said Section 2, for a distance of 2,506.96 feet to the North line of the West 1/2 of the Southwest 1/4 of said Section 2; thence N87227'20"E along said North line of the West 1/2 of the Southwest 1/4 of Section 2, for a distance of 1,347.22 feet to the East line of the West 1/2 of the Southwest 1/4 of said Section 2; thence S00255'23"W along said East line of the West 1/2 of the Southwest 1/4 of Section 2, for a distance of 2,563.88 feet to the Southeast corner of the West 1/2 of the Southwest 1/4 of said Section 2, said Southeast corner also being the Northeast corner of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 26 South, Range 36 East; thence, S00231'25"E along the East line of said Northwest 1/4 of the Northwest 1/4 of Section 11, for a distance of 1,336.40 feet to the South line of said Northwest 1/4 of the Northwest 1/4 of Section; 11; thence N89231'57"W along said South line 1,350.78 feet to the Southwest corner of said Northwest 1/4 of the Northwest 1/4 of Section 11, said corner being on the East line of said Section 10; thence S00258'45"E along said East line of Section 10, for a distance of 1,322.94 feet to the East 1/4 corner of said Section 10; thence continue along said East line S002058'45"E for 541.60 feet to the North line of lands described in Official Records Book 2812, Page 2063 of the Public Records of Brevard County, Florida; thence for the following eight (8) courses along the Northerly line of said lands described in Official Records Book 2812, Page 2063: (1) S87255'44"W for 650.12 feet; (2) thence S00258'45"E for 288.82 feet; (3) thence S59001'15"W for 245.81 feet; (4) thence N88024'23"W for 501.94 feet; (5) thence S59001'15"W for 503.09 feet; (6) thence S00258'45"E for 575.00 feet; (7) thence S44201'15"W for 159.04 feet; (8) thence S87255'44"W for 359.20 feet to the East right of way line of said Murrell Road; thence S12228'28"E along said East right of way line 152.51 feet to the South line of said lands described in Official Records Book 2812, Page 2063; thence N87255'44"E along said South line for 2,241.61 feet to the East line of said Section 10; thence S00258'45"E along said East line 600.08 feet to the POINT OF BEGINNING, said lands containing 2,790.73 acres, more or less. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL 2 A parcel of land lying in Section 33, Township 25 South, Range 36 East, Brevard County, Florida, more particularly described as follows: Commence at the Northwest corner of Section 28, Township 25 South, Range 36 East, Brevard County, Florida; thence N89234'55"E along the North line of said Section 28, a distance of 236.62 feet to the Westerly right of way line of Interstate 95, (a 300.00 foot wide right of way), and a point of intersection with a non-tangent curve, concave Southwesterly, having a radius of 5,579.65 feet and a central angle of 26252'46"; thence Southeasterly along said Westerly right of way line and along the arc of said curve to the right, a distance of 2,617.62 feet, (said arc subtended by a chord which bears S27259'17"E a distance of 2,593.68 feet) to a point of tangency; thence S14232'54"E along said Westerly right of way line, a distance of 3,416.81 feet to the POINT OF BEGINNING of the herein described parcel; thence continue along said Westerly right of way line S142032'54"E, a distance of 4,994.84 feet; thence N15241'39"W a distance of 1,203.33 feet to the point of curvature of a curve to the left, having a radius of 1,051.92 feet, a central angle of 35221'15"; thence North Westerly along the arc of said curve, an arc length of 649.08 feet to the point of tangency of said curve; thence N51202'54"W, a ,distance' of 978.47 feet to the point of curvature of a curve to the left, having a radius of 1,051.92 feet, a central angle of 33200'00"; thence Westerly along the arc of said curve, an arc length of 605.86 feet to the point of tangency of said curve; thence N84202'54"W a distance of 136.38 feet; thence N88202'54"W a distance of 76.74 feet; thence N01257'06"E a distance of 247.75 feet; thence S88202'54"E a distance of 600.00 feet; thence N43230'28"E a distance of 193.49 feet; thence N21215'19"E, a distance of 750.65 feet to the point of curvature of a curve to the left, having a radius of 1,051.92 feet, a central angle of 31248'13"; thence Northerly along the arc of said curve, an arc length of 583.89 feet to the Point of Tangency of said curve; thence N102032'54"W, a distance of 652.65 feet to the POINT OF BEGINNING, parcel contains 35.03 acres, more or less. 42 - Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: Jack Maloy, Don Spotts, David Duda, Tracy Duda and Gordon P. Masterson. COPIES FURNISHED: Douglas M. Cook, Director Florida Land and Water Adjudicatory Commission Office of the Governor Office of Planning and Budgeting 419 Carlton Building Tallahassee, FL 32399-0001 Wade L. Hopping, Esquire Cheryl G. Stuart, Esquire Hopping, Boyd, Green & Sams P.O. Box 6526 Tallahassee, FL 32314
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) in this proceeding is whether to grant the Petition to Establish the Arborwood Community Development District (Petition), dated November 17, 2003. The local public hearing was conducted for the purpose of gathering information in anticipation of rulemaking by FLWAC.
Conclusions Having considered the entire record in this cause, it is concluded that petitioner has satisfied all requirements in Subsection 190.005(1)(e), Florida Statutes (1989). More specifically, it is concluded that all statements contained within the petition have been found to be true and correct, the creation of a district is consistent with applicable elements or portions of the state comprehensive plan and the Lee County comprehensive plan currently in force, 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, the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district, the community development services and facilities of the district will be compatible with the capacity and uses of existing local and regional community development services and facilities, and the land that will be served by the district is amenable to separate special- district government. Respectively submitted this 7th day of May, 1991, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 1991. Appendix A (Names and Address of Witnesses) Bryon R. Koste, 801 Laurel Oak Drive, Suite 500, Naples, Florida 33963 Thomas R. Peek, 3200 Bailey Lane at Airport Road North, Naples, Florida 33942 Gary L. Moyer, 10300 N.W. 11th Manor, Coral Springs, Florida 33071 Dr. Lance deHaven-Smith, Florida Atlantic University, 220 S.E. 2nd Avenue, Fort Lauderdale, Florida 33301 Samuel R. Crouch, 9200 Bonita Beach Road, Suite 101, Bonita Springs, Florida 33923 David E. Crawford, 9200 Bonita Beach Road, Suite 101, Bonita Springs, Florida 33923 Dr. James E. Pitts, College of Business, Florida State University, Tallahassee, Florida 32306 William Spikowski, Lee County Community Development Department, 1831 Hendry Street, Fort Myers, Florida 33901 Gary L. Beardsley, 2396 13th Street North, Naples, Florida Richard Huxtable, 4741 Spring Creek Road, Bonita Springs, Florida 33923 Larry Sullivan, 4778 Tahiti Village, 4501 Spring Creek Road, Bonita Springs, Florida 33923 Lee Menzies, Business Development Corporation of Southwest Florida, corner of Summerlin and College Parkway, Fort Myers, Florida Donna Buhl, 4501 Spring Creek Road, Box 91, Bonita Springs, Florida 33923 Ruth Norman, 24578 Redfish Street, S.W., Bonita Springs, Florida 33923 James Pepper, P. O. Box 1260, Bonita Springs, Florida 33923 (Names and addresses of persons filing written statements) Eugene S. Boyd, 5225 Serenity Cove, Bokeelia, Florida 33922 Edward S. Zajchowski, 4501 Spring Creek Road, Box 178, Bonita Springs, Florida 33923 Winifred M. Wheeler, 24593 Dolphin Street, S.W., Bonita Springs, Florida 33923 James W. Campbell, 4501 Spring Creek Road, Box 131, Bonita Springs, Florida 33923 Dorothy Jean Kendrick, 300 Haral Street, Sturgis, Michigan 49091 Exhibit A Appendix B (List of Documentary Evidence) Location map Local boundary map outlining district Map of district and surrounding areas Collier County Comprehensive Future Land Use Map Exhibit B Pelican's Nest PUD 1b Ridgewood RPD 1c Palmetto Bay RPD 1d Pelican's Nest RPD 1e Summary of status of permits Proposed development agreement Statement by Crawford concerning DRI Exhibit C Petition filed by Westinghouse Bayside Communities, Inc. Location map Metes and bounds legal description of district Consent to establishment of district Map of existing major trunk water mains, sewer interceptors or outfalls Proposed time tables and cost estimates Future land use portion of Lee County Comprehensive plan Economic impact statement Exhibit D Supplement to metes and bounds description in petition Specific description of all real property within district Exhibit E Photocopy of $15,000 processing check sent to County Letter transmitting petition to Commission Secretary Exhibit F Letter transmitting petition to Division of Administrative Hearings Exhibit G Notice of Publication in Florida Administrative Weekly on March 8, 1991 Affidavit for Fort Myers News-Press publication, March 11, 1991 Affidavit for Fort Myers News-Press publication, March 18, 1991 Affidavit for Fort Myers News-Press publication, March 25, 1991 Affidavit for Fort Myers News-Press publication, April 1, 1991 Exhibit H Lee County Comprehensive Plan Documentation of plan status Exhibit I Chapter 187, Florida Statutes Exhibit J Letter of March 14, 1991 from Secretary of Department Community Affairs to Commission Secretary Exhibit K White Paper by Dr. Lance deHaven-Smith Supplemental Exhibits Prefiled testimony of Bryon G. Koste Prefiled testimony of Samuel R. Crouch 3A Letter from Samuel R. Crouch to Jim Pepper 3B Letter from Samuel R. Crouch to Lloyd Read Prefiled testimony of Gary L. Moyer Prefiled testimony of David E. Crawford Prefiled testimony of Thomas R. Peek Prefiled testimony of Dr. Lance deHaven-Smith Intevenors Exhibit 1 - Letter of Edward S. Zajchowski COPIES FURNISHED: Douglas M. Cook, Secretary Florida Land and Water Adjudicatory Commission Office of the Governor The Capitol Tallahassee, FL 32399-0001 Kenza Van Assenderp, Esquire P. O. Box 1833 Tallahassee, FL 32302-1833 Judith A. Workman, Esquire 408 Old Trail Road Sanibel, FL 33957 Marianne Kantor, Esquire Asst. County Attorney Lee County Courthouse 1700 Monroe Street Fort Myers, FL 33901 David M. Maloney, Esquire Office of the Governor The Capitol, Room 309 Tallahassee, FL 32399-0001
The Issue The issue in this proceeding is whether the Petition to establish the Big Island Community Development District (Petition) meets the applicable criteria in chapter 190, Florida Statutes (2017), and Florida Administrative Code Chapter 42-1.
Conclusions This proceeding is governed by chapters 120 and 190 and rule chapter 42-1. The proceeding was properly noticed pursuant to section 190.005 by publication of an advertisement in a newspaper of general paid circulation in the County and of general interest and readership, once each week for the four consecutive weeks immediately prior to the hearing. The Petitioner met the requirements of section 190.005 regarding the submission of the Petition and satisfaction of filing fee requirements. The Petitioner bears the burden of establishing that the Petition meets the relevant statutory criteria set forth in section 190.005(1)(e). All portions of the Petition and other submittals have been completed and filed as required by law. All statements contained within the Petition are true and correct. The establishment of the District is not inconsistent with any applicable element or portion of the State Comprehensive Plan or the effective local Comprehensive Plan. The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. 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 area to be served by the District is amenable to separate special-district government. Based on the record evidence, the Petition satisfies all of the statutory requirements and, therefore, there is no reason not to grant the Petitioner's request for establishment of the proposed District and to formally adopt a rule as requested by the Petitioner. DONE AND ENTERED this 26th day of December, 2017, in Tallahassee, Leon County, Florida. S FRANCINE M. FFOLKES Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of December, 2017. COPIES FURNISHED: Cynthia Kelly Florida Land and Water Adjudicatory Commission Room 1801, The Capitol Tallahassee, Florida 32399-0001 Barbara R. Leighty, Agency Clerk Transportation and Economic Development Policy Unit Room 1801, The Capitol Tallahassee, Florida 32399-0001 (eServed) Jonathan T. Johnson, Esquire Hopping, Green, and Sams, P.A. 119 South Monroe Street, Suite 300 Post Office Box 6526 Tallahassee, Florida 32314-6526 (eServed) Jennifer Kilinski, Esquire Hopping, Green, and Sams, P.A. 119 South Monroe Street Suite 300 Post Office Box 6526 Tallahassee, Florida 32314-6526 (eServed) John Maciver, General Counsel (General Counsel to the Commission) Office of the General Counsel Office of the Governor Room 209, The Capitol Tallahasee, Florida 32399-0001 (eServed)
