The Issue The issues to be determined in this appeal are whether the decision of the Board to approve Flexible Development Application FLD2019-01002 (Application) filed by Edgewater Valor cannot be sustained by substantial competent evidence before the Board, or that the decision of the Board departed from the essential requirements of law.
Findings Of Fact Edgewater Valor proposes to develop an 80-unit attached dwelling with 164 associated off-street parking spaces on 2.931 acres of property it owns. The property is located at 1026 Sunset Point Road and 1919 Edgewater Drive in Clearwater, Florida. The proposal consists of three buildings and a structured parking platform with a pool and deck on the west side of the parking platform. Sixty percent of the 164 parking spaces is garage parking, with the rest as exposed surface parking. Two of the buildings, both in the T district, are proposed at a height of 86 feet measured from base flood elevation. The third building, in the MDR district, is proposed at a height of 38 feet measured from base flood elevation. The buildings in the T district are set back 152 feet from the east property line. The building in the MDR district is set back 75 feet from the east property line. The proposal includes landscaping and setbacks that exceed the Board's requirements for approval. The Application requests Level Two approval of flexibility for a building height of 86 feet from base flood elevation in the T zoning district. A Level One approval allows a building height of up to 50 feet, and up to 100 feet as a Level Two approval. The Application also requests Level Two approval of flexibility for an attached dwelling use in the MDR zoning district. The attached dwelling has a building height of 38 feet from base flood elevation, where up to 40 feet is allowed as a Level Two approval and flexibility from lot width in the MDR zoning district. Edgewater Valor owns 2.437 acres of the property which is zoned T with an underlying Comprehensive Plan Future Land Use category of Resort Facilities High (RFH). The remaining 0.494 acres is zoned MDR with an underlying Comprehensive Plan Future Land Use category of Residential Medium (RM). The property to the north of the proposed development is zoned T and is currently developed as a Comfort Suites hotel. The property to the south is zoned Office (O), MDR, and Preservation (P). There is a vacant automobile service station adjacent to the proposed development to the southwest, and a multi-family development to the south across Sunset Point Road. The property to the east is zoned MDR and P with single-family detached dwellings and attached dwellings further east along Sunset Point Road. The property to the west is zoned Commercial (C) and P. EDNA's boundaries are Sunset Point Road north to Union Street, and Edgewater Drive east to Pinellas Trail. The neighborhood consists of 400 homes that are mostly single-family, single-story detached dwellings. The proposed development would be located in the southwest corner of the neighborhood at the intersection of Edgewater Drive and Sunnydale Drive. The Comfort Suites hotel is located directly across from the proposed development on the opposite corner of Sunnydale Drive and Edgewater Drive. Sunnydale Drive travels east away from Edgewater Drive and dead-ends as a cul-de-sac with mostly single- family detached dwellings.
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 sole issue to be addressed is whether the Petition to establish the Double Branch Community Development District meets the applicable criteria set forth in Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code.
Findings Of Fact Overview The Petitioner is seeking the adoption of a rule by the Commission to establish a community development district proposed to consist of approximately 1,203 acres located within the boundaries of unincorporated Clay County. The suggested name for the proposed District is the Double Branch Community Development District. The Petition notes that the proposed District covers approximately 1,203 acres. Hinson testified that the approximate acreage of the proposed District remains 1,203 acres; however, the metes and bounds description contained in the Petition has been revised since the time of the filing of the Petition. The revised metes and bounds description was, without objection, admitted into evidence. There are no out-parcels within the area to be included in the proposed 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 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 exhibits as filed with the Commission. Hinson testified that he had reviewed the contents of the Petition and approved its findings. Hinson also generally described the exhibits to the Petition. Hinson testified that the Petition and its exhibits, as modified by the revised metes and bounds description admitted into evidence as Exhibit B, are true and correct to the best of his knowledge. Miller testified that he had assisted in the preparation of portions of the Petition and its exhibits. Miller also generally described several exhibits to the Petition which he or his office had prepared. Miller testified that the exhibits to the Petition, prepared by England, Thims & Miller, Inc., and admitted into evidence, were true and correct to the best of his knowledge. Walters testified that he had prepared Exhibit 11 to the Petition, the Statement of Estimated Regulatory Costs (SERC). Walters also testified that Statement of Estimated Regulatory Costs submitted as Exhibit 11 to Petitioner's Composite Exhibit A was true and correct to the best of his knowledge. Hinson also testified that the consent by the owner of the lands to be included within the proposed District is still in full force and effect. The Petition included written consent to establish the District from the owners of one hundred percent (100%) of the real property located within the lands to be included in the proposed District. There have been no sales of these lands thus far. Based upon the foregoing, 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. Walters reviewed the proposed District in light of the requirements of the State Comprehensive Plan, Chapter 187, Florida Statutes. Walters also reviewed the proposed District in light of the requirements of the Clay County Comprehensive Plan. From a planning and economic perspective, four (4) 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 to the population in the designated growth area and help provide infrastructure in an area which can accommodate development within Clay County in a fiscally responsible manner. 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 at no capital cost to Clay County. 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 finance and deliver those public services and facilities as needed by the District's residents and property owners. The proposed District will be established under uniform general law standards as specified in Chapter 190, Florida Statutes. Creating a District does not burden the general taxpayer with the costs for the services or facilities inside the proposed District. The proposed District will require no subsidies from the state or its citizens. Subject 26, Plan Implementation, provides that systematic planning capabilities be integrated into all levels of government, with emphasis on improving intergovernmental coordination. The proposed District is consistent with this element of the State Comprehensive Plan because the proposed District, by and through a separate and distinct Board of Supervisors, 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(2), Florida Statutes, requires the District to file and update public facilities reports with the county or city, which they may rely upon in any revisions to the local comprehensive plan. 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 Clay County Comprehensive Plan contains thirteen (13) elements which are supported by numerous goals and objectives. Walters testified that portions of three (3) of these elements are relevant when determining whether or not the proposed District is inconsistent with the local comprehensive plan. There are Goals and Objectives within the Future Land Use Element 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 within the County's Planned Urban Service Area, and is part of a Chapter 380, Florida Statutes, development order vested in the County Land Use Plan. The proposed District is a recognized vehicle to provide the necessary services and facilities to the lands within the boundaries of the proposed District. 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 that enjoy infrastructure in a manner consistent with the Clay County 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. DCA also discussed the contents of the Petition with the Clay County Planning Department and the Northeast Florida Regional Planning Council. After conducting its own review and conferring with local governmental entities, DCA concluded that it had no objection to the establishment of the Double Branch Community Development District. 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 Miller and Walters. The lands that comprise the proposed District will consist of approximately 1,203 acres, located within the borders of unincorporated Clay County. All of the land in the proposed District is part of a planned community included in the Villages of Argyle Forest Development of Regional Impact (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 1,203 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 and services require adequate planning, design, financing, construction, and maintenance to provide the community with appropriate infrastructure. 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. The Petitioner is developing all of the lands within the District as a single master-planned community. All of these lands are governed by the Villages of Argyle Forest Development of Regional Impact Development Order issued by Clay County. 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 participate in the construction or provision of certain infrastructure improvements as outlined in the Petition. Installation and maintenance of infrastructure systems and services by the District is expected to be financed through the issuance of tax exempt bonds and the debt retired by "non-ad valorem" or "special" assessments on benefited property within the proposed District. Expenses for operations and maintenance are expected to be paid through maintenance assessments. Use of such assessments will ensure that the real property benefiting from District services is the same property which pays for them. Two types of alternatives to the use of the District were identified. First, the County 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 (POA) or a home owners' association (HOA). The District is preferable to the available 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 operations and maintenance are expected to be paid through maintenance assessments to ensure that the property or person receiving the benefit of the district services is the same property or person to pay 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 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 funding, constructing, and in some cases, 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 within the proposed boundaries will not duplicate any existing regional services or facilities which are provided to the lands within the District by another entity. 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, economics, 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 need for basic infrastructure systems to be provided. From planning, engineering, economic and management perspectives, the area that will be served by the amended 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 The Commission has certified that the Petition to Establish the Double Branch Community Development District meets all of the requirements of Section 190.005(1)(a), Florida Statutes. Statement of Estimated Regulatory Costs (SERC) 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 County and its citizens, the City and its citizens, the 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 are difficult to quantify, but nonetheless substantial. Administrative costs incurred by the County related to rule adoption should be minimal. Benefits to the County will include improved planning and coordination of development, without incurring any administrative or maintenance burden for facilities and services within the proposed District except for those it chooses to accept. Consumers will pay non-ad valorem or special assessments for certain facilities. Location in the District by new residents 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 consumers in the area within the CDD will include the option of having 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 the Petition to include a SERC which meets the requirements of Section 120.541, Florida Statutes. The Petition contains a SERC. It meets the requirements of Section 120.541, Florida Statutes. Other Requirements Petitioner has complied with the provisions of Section 190.005(1)(b)1, Florida Statutes, in that Clay County was paid the requisite filing fees. 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 Clay County for four consecutive weeks prior to the hearing. The notice was published in The County Line section of The Florida Times-Union, a newspaper of general circulation in Clay County for four consecutive weeks, on February 13, 2002, February 20, 2002, February 27, 2002, and March 6, 2002. Clay County Support for Establishment Pursuant to the requirements of Section 190.005(1)(b), Florida Statutes, Petitioner filed a copy of the Petition and the $15,000 filing fee with Clay County prior to filing the Petition with the Commission. As permitted by Section 190.005(1)(c), Florida Statutes, the Clay County Commission held a public hearing on February 26, 2002, to consider the establishment of the Double Branch Community Development District. At the conclusion of its public hearing on February 26, 2002, the Clay County Commission adopted Resolution No. 01/02-42, expressing support for the Commission to promulgate a rule establishing the Double Branch Community Development District. The Clay County Resolution specifically found that all six (6) of the statutory factors for evaluating the establishment of community development districts found in Section 190.005(1)(e), Florida Statutes, had been met by the Petition in this matter.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED 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 Double Branch Community Development District as requested by the Petitioner by formal adoption of the proposed rule attached to this Report as Exhibit 3. DONE AND ENTERED this 1st day of April, 2002, in Tallahassee, Leon County, Florida. CHARLES A. STAMPELOS 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 1st day of April, 2002. Exhibit 1 Petitioner's Witnesses at Public Hearing Donald P. Hinson OakLeaf Plantation, L.L.C 3020 Hartley Road, Suite 100 Jacksonville, Florida 32257 Douglas C. Miller, P.E. England Thims & Miller, Inc. 14775 St. Augustine Road Jacksonville, Florida 32258 Gary R. Walters Gary Walters and Associates 12 Crooked Tree Trail Ormond Beach, Florida 32174 Exhibit 2 List of Petitioner's Exhibits Letter Description Composite Exhibit (Petition with twelve (12) exhibits) B-1 Pre-filed Testimony of Donald P. Hinson (11 pages) Revised legal description for lands to be included within the boundaries of the proposed District Commission Notice of Receipt of Petition Letter to Division of Administrative Hearings from Commission Letter to Department of Community Affairs from Commission Correspondence from Department of Community Affairs to the Commission Clay County Resolution 01/02-42 Development Order (No. 99-45) for Villages of Argyle Forest Development of Regional Impact Florida Times-Union Proof of Publication of Notice of Local Public Hearing Pre-filed Testimony of Douglas C. Miller, P.E. (8 pages) Pre-filed Testimony of Gary R. Walters (21 pages) Chapter 187, Florida Statutes (23 pages) Exhibit 3 Text of Proposed Rule CHAPTER 42___-1 DOUBLE BRANCH COMMUNITY DEVELOPMENT DISTRICT 42___-1.001 Establishment. 42___-1.002 Boundary. 42___-1.003 Supervisors. 42____-1.001 Creation. The Double Branch Community Development District is hereby established. Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.005 FS. History-New 42____-1.002 Boundary. The boundaries of the District are as follows: A parcel of land lying in the being part of Sections 4, 5, 6, 8 and 9, Township 4 South, Range 25 East, Clay County, Florida, being more particularly described as follows: Commencing at the Northwest corner of said Section 4, also being the Northeast corner of said Section 5; thence, on the West line of said Section 4, South 00 degrees 10 minutes 14 seconds East, 5.00 feet to the point of beginning; thence, parallel with and 5.0 feet South from the North line of said Section 4, also being the line dividing Clay County and Duval County, and the North line of said Township 4 South, North 89 degrees 50 minutes 04 seconds East, 2039.14 feet to the West line of Deerfield Pointe, as recorded in Plat Book 22, Pages 62 through 65, of the public records of said Clay County; thence, on said West line, South 00 degrees 20 minutes 13 seconds West, 1354.17 feet to the South line of said Deerfield Pointe; thence, on said South line, North 89 degrees 51 minutes 50 seconds East, 675.62 feet to the West line of Spencer’s Crossing Unit 1, as recorded in Plat Book 18, Pages 18 through 22, of said public records; thence, on said West line, the West line of Spencer’s Crossing Unit 5, as recorded in Plat Book 27, Pages 19 through 22, the West line of Sweetbriar, as recorded in Plat Book 32, Pages 61 through 64, the West line of lands recorded in Official Records Book 1603, Page 1212, and the West line of a 20 foot right-of-way recorded in Official Records Book 1603, Page 1220, all being recorded in the public records of said county, said line also being the East line of the Southeast quarter of the Northwest quarter and the Southwest quarter of said Section 4, South 00 degrees 31 minutes 32 seconds West, 4050.46 feet to the South line of said Section 4; thence, on said South line, North 89 degrees 51 minutes 57 seconds West, 662.62 feet to the West line of lands described in Official Records Book 1603, page 1212, of said public records, also being the East line of the West half of the Northeast quarter of the Northwest quarter of said Section 9; thence, on last said line, South 00 degrees 11 minutes 52 seconds East, 1388.96 feet to the South line of said Northeast quarter of the Northwest quarter of said Section 9; thence, on said South line, South 89 degrees 09 minutes 05 seconds West, 662.36 feet to the East line of the Southwest quarter of the Northwest quarter of said Section 9; thence, on said East line, South 00 degrees 21 minutes 15 seconds East, 699.95 feet to the South line of the North half of the Southwest quarter of the Northwest quarter of said Section 9; thence, on said South line, South 88 degrees 36 minutes 38 seconds West, 1327.66 feet to the West line of said Section 9, also being the East line of said Section 8; thence, on the South line of the North half of the Southeast quarter of the Northeast quarter of said Section 8, North 88 degrees 34 minutes 52 seconds West, 1335.51 feet to the East line of the Southwest quarter of the Northeast quarter of said Section 8; thence, on said East line, South 00 degrees 10 minutes 48 seconds East, 700.93 feet to the South line of said Southwest quarter of the Northeast quarter of Section 8; thence, on said South line, North 88 degrees 09 minutes 42 seconds West, 1156 feet, more or less, to the centerline of the North prong of Double Branch; thence, in a Northwesterly direction, by and along said centerline and following the meanderings thereof, 12,053 feet, more or less, to a point bearing South 89 degrees 49 minutes 27 seconds West from the point of beginning; thence, parallel with and 5.0 feet South from the North line of said Section 5, North 89 degrees 49 minutes 27 seconds East, 5043 feet, more or less, to the point of beginning. said parcel containing 1203 acres, more or less. Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.004, 190.005 FS. History-New 42____-1.003 Supervisors. The following five persons are designed as the initial members of the Board of Supervisors: Donald P. Hinson, James T. O’Riley, Donald E. Brown, Charles W. Arnold, III, and Gary F. Hannon. Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.006(1) FS. History - New COPIES FURNISHED: Cheryl G. Stuart, Esquire Jennifer A. Tschetter, Esquire Hopping, Green & Sams, P.A. 123 South Calhoun Street Post Office Box 6526 Tallahassee, Florida 32314 Charles Canady, General Counsel Florida Land and Water Adjudicatory Commission Office of the Governor Department of Legal Affairs The Capitol, Room 209 Tallahassee, Florida 32399 Donna Arduin, Secretary Florida Land and Water Adjudicatory Commission Office of the Governor The Capitol, Room 2105 Tallahassee, Florida 32399 Barbara Leighty, Clerk Growth Management and Strategic Planning The Capitol, Room 2105 Tallahassee, Florida 32399
Findings Of Fact Petitioner, Deltampa, Inc., a Florida corporation and wholly owned subsidiary of the Deltona Corporation, a Delaware corporation, is the owner of approximately 5,408 acres of property located in northern Hillsborough County, Florida. (Testimony of Motchkavitz, Exhibit 4) Petitioner proposes to develop its property into a functionally interrelated residential community called Tampa Palms, which will ultimately consist of approximately 13,500 single-family and multiple-family dwelling units, a regional shopping center, an industrial park, golf courses, parks and related recreational facilities, commercial and office facilities, and educational facilities. (Testimony of Motchkavitz; Exhibits 1, 6) The proposed name of the new district shall be the Tampa Palms Community Development District, and its external boundaries are set forth in the Legal Description at Exhibit 4. (Exhibit 4-5) The Tampa Palms development is planned to be constructed over a period of 20 years in four phases of five years each. The total area to be developed consists of approximately nine square miles of which some 60 percent or about 3,000 acres will involve low-density housing or open space, parks, and golf courses. Residential development will take place over 1,651 acres or about 30 percent of the site. A full range of community support facilities planned to meet the needs of the residents will include two school sites, 20 park sites, six church sites, two fire station sites, and two public facility sites, totalling about 300 acres or some six percent of the site. There will be 3,000 single-family residential units and about 10,500 multiple-family units. Density of the 1,650 acres of residential development will be approximately 8.5 units per acre, with 2.2 units per acre for single family units. Maximum density in the multifamily area will be 35 units per acre, and overall density for the entire site is projected to be 2.5 units per acre. (Testimony of Motchkavitz, Exhibit 1A) The site in question is a contiguous parcel which is bordered on the east generally by the lower Hillsborough River flood detention area and the proposed 1-75 right-of-way for the interstate highway which is under construction at the present time. The Hillsborough River runs across the southern portion of the site and Cypress Creek, an ill-defined, non-navigable water course, is on the western portion of the site. The site is approximately 10 miles northeast of Tampa. The property is bisected diagonally northeast to southwest by State Road 581. Interstate highway 1-75 passes by the property at the northwest corner and will eventually merge with the 1-75 Tampa bypass north of the site. The City of Tampa Morris Bridge Water Treatment Plant is located adjacent to the property at the northeast corner on a 60-acre site donated to the city by Deltona and will provide service to residents of Tampa Palms. Hooker's Point Wastewater Facility has a force main within one mile of Tampa Palms and will service the proposed community. The University of South Florida is located immediately to the south of Petitioner's site. (Testimony of Motchkavitz; Exhibits 1, 5) A proposed industrial area will be located in the northeast corner of the property consisting of approximately 75 acres. It is contemplated that only light industry of a research and development type will be conducted there. Additionally, about 150 acres in that general area will be used for shopping centers, hotel, and office facilities. (Testimony of Motchkavitz; Exhibits 1, 6) Potable water for the future residents of Tampa Palms will be supplied by the City of Tampa, which operates a water treatment plant adjacent to the northeast corner of the proposed development. Non-potable water will be developed by on-site wells to supply irrigation water to the proposed golf courses. The city water treatment plant has sufficient capacity to supply adequate water supplies to the estimated peak population of 31,700. Off-site wastewater treatment will be provided by the City of Tampa advanced wastewater treatment plant at Hooker's Point. No septic tanks will be used at the Tampa Palms development. Wastewater will be collected by a central system and pumped off site for treatment. Solid waste generated by the development will be collected twice weekly by the Hillsborough County Solid Waste Control Department and will be disposed of at a county landfill site. (Testimony of Apthorp; Exhibits 1, 6) The Hillsborough River has a history of flooding in periods of high water and heavy rainfall in the area surrounding Tampa. Several years ago, the Southwest Florida Water Management District and the Corps of Engineers entered into a program called the Lower Hillsborough Flood Detention Program which would attempt to restrict the flooding downstream by acquiring some 17,000 acres to the east of the Tampa Palms site, and constructing a dam at the southeast corner of the Tampa Palms property. It is an open structure through which the river flows in normal conditions, but has the capability of being closed in periods of high water and creating a temporary impoundment. This system also includes a levee which parallels the eastern side of the development site, thus providing flood protection from that direction. To prevent flooding of the site from the Cypress Creek system on the west, Petitioner plans to construct an earthen levee along the western boundaries of its property in a north-south direction and laterally across the northern border in an easterly direction until the elevation is sufficient to preclude flooding problems. The structure will have a maximum height of about six feet in the southernmost section and be as high as only two to three feet in the northern portions. It will have a freeboard or additional dirt belt above the 500-year flood level of Cypress Creek of one-and-a-half feet. The levee will have a 10-foot wide top and a six to one foot slope. It will be sodded and grassed to prevent erosion. There will be several drainage structures throughout the levee to allow drainage from the property to pass into Cypress Creek when the waterway is at a low flow level. These will consist of culverts with gate structures which will require monitoring and continuing maintenance to be performed by Petitioner or its successors. Petitioner plans an extensive drainage system for its property to maintain the integrity of the wetlands areas and to prevent pollution and excessive surface runoff into the Hillsborough River. The proposed drainage system for the project will consist of a network of 15-foot wide grassy swales adjacent to streets and rear yards from which runoff will flow into wetlands or lakes, and then through storm water structures to ultimate outfall into the Hillsborough River. The system is designed to permit drainage by gravity through extensive areas of natural vegetation to remove pollutants and result in approximately the same flow into receiving waters as existed prior to development of the property. Some 180 acres of lakes will be created from areas dredged to secure fill for the development. All lake areas will be deeper than six feet to lessen the establishment of aquatic plants and will be monitored for water quality as necessary. About twenty 50-foot long concrete seawalls will be built near the lakes to impound water, thereby creating additional storage, and equipped with piping which will allow the water to slow the drain down after storm events. It is anticipated that such controlled structures will eliminate the potential for any flood-type impacts to downstream users and allow more contact time with natural wetland vegetation. The drainage system will be operated and maintained by Petitioner until such time as an acceptable and qualified public entity assumes such responsibilities. (Testimony of Motchkavitz, Exhibit 14) Fire and police protection will be provided to the proposed district by Hillsborough County. In addition, the County will provide for solid waste collection and issuance of building permits. (Testimony of Motchkavitz, Exhibit 1) Pursuant to application of the Deltona Corporation on November 8, 1979, for approval of a development of regional impact pursuant to the provisions of Section 380.06, F.S., the Hillsborough County Board of County Commissioners, by Resolution adopted October 1, 1980, issued a Development Order approving the application, subject to various conditions. In the Development Order, the Board of County Commissioners concluded that the development would not unreasonably interfere with the achievement of the objectives of the adopted state land development plan applicable to the area and was consistent with local land development regulations, and with the report and recommendations of the Tampa Bay Regional Planning Council. (Exhibit 7) By Resolution dated May 6, 1981, the Board of County Commissioners expressed its opinion that Petitioner should continue its efforts to establish a community development district for the Tampa Palms development and specifically found that: The creation of a community develop- ment district in conjunction with the development of Tampa Palms is not, in the Board's opinion, inconsistent with the approved Hillsborough County Com- prehensive Land Use Plan or other local land use regulations, and A community development district appears, in the Board's opinion, to be the best alternative available for delivering to and maintaining the com- munity development services and facil- ities in the Tampa Palms area, and The services and facilities to be operated and maintained by the proposed district do not appear to be, in the Board's opinion, incom- atible with the capacity and uses of existing and proposed local and regional community development ser- vices, and The Tampa Palms development, due to its size and location and the extent of community services and facilities to be created within the development appears to be, in the Board's opinion, amenable to separate special district government. (Exhi- bit 2) The five persons designated to serve as initial members of the Board of Supervisors of the proposed community development district are Frank E. Mackle, III; Richard F. Schulte, William I. Livingston, Paul M. Schaefer, and Edward G. Grafton. It is intended that they shall serve as the Board of Supervisors until replaced in accordance with Section 190.006, F.S. (Petition) The following ultimate findings are made based upon the testimony and documentary evidence adduced at the hearing: All statements contained within the Petition have been found to be true and correct. (Testimony of Apthorp) The creation of the district is not inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. This finding is supported by the Development Order and subsequent Resolution issued by the Hillsborough County Board of County Commissioners. (Exhibits 2, 7) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. This finding is supported by the previous findings of fact concerning the size of the proposed district and the fact that the 5,400 acres are in one contiguous parcel. The district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. This finding is supported by the Development Order issued by the Hillsborough County Board of County Commissioners and its subsequent Resolution acknowledging that a community development district would be the best alternative available for such purposes. Hillsborough County is presently not in a position to provide many of the essential services required by a community of the contemplated size of Tampa Palms, including but not limited to public streets and an extensive surface water management system. The proposed development will result in a substantially self-contained community which will be comprehensively planned so as to provide necessary services required by its residents. A community development district will be in a position to provide reliable operation and maintenance of those services and facilities not otherwise conducted by the County or other appropriate unit of local government. (Exhibits 2, 7) The community development services and facilities of the district will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The proposed development of the property is scheduled, in accordance with the terms of the County Development Order, to coincide with the provision of essential area services which will not be provided by the district. (Exhibits 2, 7) The area that will be served by the district is amenable to separate special-district government. This finding is supported by the foregoing findings of fact which establish that the nature and location of the proposed Tampa Palms development would be facilitated and best served by the establishment of a separate special-district government under all of the facts and circumstances.
Recommendation Based upon the findings of fact and conclusions of law hereby submitted, it is RECOMMENDED: That the Florida Land and Water Adjudicatory Commission grant the Petition of Deltampa, Inc., and adopt a rule which will establish the Tampa Palms Community Development District, pursuant to Section 190.005(1), Florida Statutes. DONE and ENTERED this 20th day of October, 1981, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of October, 1981. COPIES FURNISHED: Robert S. Schumaker, Esquire Deltona Corporation Post Office Box 369 Miami, Florida 33145 Honorable John T. Herndon Secretary, Florida Land and Water Adjudicatory Commission Office of the Governor The Capitol Tallahassee, Florida 32301
The Issue Whether the Petition to Establish the Dovera Community Development District meets the criteria established in Chapter 190, Florida Statutes.
Findings Of Fact A The property which is the subject of the Petition in this case consists of approximately 410 contiguous acres. All of the subject property is located in unincorporated Seminole County. Petitioner presented the testimony of John R. Maloy. Maloy is Corporate Vice President of A. Duda & Sons, Inc. and Executive Vice President of The Viera Company, positions he has held for approximately eight years. The Viera Company, the Petitioner, is a wholly owned subsidiary of A. Duda & Sons, Inc. Maloy is responsible for planning and disposition of real estate assets. He is also responsible for those projects which have reached the development phase. It was Maloy's responsibility in this matter to select and work with the team of professionals who prepared the Petition. He also reviewed the contents of the Petition and approved its filing. Maloy identified Petitioner's Composite Exhibit B, which is a copy of the Petition and its attached exhibits as filed with the Commission. Maloy stated that, for purposes of clarification, a sentence should be added to page 3 of the Petition indicating that the current version of the Seminole County Comprehensive Plan is dated September, 1991. Maloy then testified that, to the best of his knowledge, the statements in the Petition and its attached exhibits are true and correct. Other witnesses testifying on behalf of Petitioner similarly confirmed the accuracy of the Petition and its attached exhibits, as supplemented at hearing. The Viera Company, a Florida corporation, is owner of 100 percent of the real property to be included in the District. As required by statute, the owner has given its written consent to the establishment of the proposed District. Maloy was designated as the agent of The Viera Company to act on its behalf with regard to any matters relating to the Petition. No real property within the external boundaries of the District is to be excluded from the District. All of the land to be included in the District is the subject of a DRI Development Order which has been approved by the Commission. The five persons designated in the Petition to serve on the initial board of supervisors are: Jack Maloy 135 Highway A1A North Satellite Beach, FL 32937 Don Spotts 1113 Tuskawilla Road Winter Springs, FL 32708 David Duda 7979 Dunstable Circle Orlando, FL 32817 Tracy Duda 1601 Highland Road Winter Park, FL 32789 Donna Duda 2436 Mikler Road Oviedo, FL 32765 All of them are residents of the State of Florida and citizens of the United States. Existing residential communities are located on the north and west sides of the proposed District. To the south and east, the proposed District is generally bordered by the Seminole County Expressway and by a large undeveloped tract to the south. The land in the area to be included in the proposed District is currently undeveloped and is used for agricultural purposes, principally cattle grazing. All of the land to be included in the District has been planned as a single, mixed-use community to be developed pursuant to a development order for the DLI Properties Development of Regional Impact approved by the Commission on October 10, 1989, and issued to Duda Lands, Inc. Duda Lands, Inc. is now The Viera Company. Creation of the District will not constitute any change to the DRI development, its plan, its timing, its design, or anything else related to the DRI. The proposed District is a mechanism for financing infrastructure, and any change that might be made in the future would be subject to all requirements and conditions specified by statute. For example, establishment of the District will result in no change with respect to the present requirement that the District donate utility lines to the County. The proposed development of lands to be included in the District contemplates construction of significant commercial and office/showroom space, together with some residential units and hotel rooms over a twelve-year period. Creation of theproposed District will not constitute any change in the basic character of the development. With respect to the provision of infrastructure and services, it is presently anticipated that the CDD will construct or otherwise provide for a surface water management system, roads, street lighting, landscaping, culverts, and water and sewer facilities. With Seminole County's consent, the CDD will also exercise other special powers, as authorized under Section 190.012(2), Florida Statutes, for the purpose of providing facilities for parks and recreation, security, and mosquito control. Capital costs of these improvements are presently intended to be borne by the District. There is no intent to have the District apply for any of the private activity bond allocation monies available. Mr. Maloy testified that Petitioner has no intent to have the District exercise its ad valorem taxing authority. Mr. Maloy's unchallenged and unrefuted testimony in this regard is accepted. From the perspective of The Viera Company, creation of the proposed District is important for the construction, operation, long-term management and maintenance of major infrastructure for the development. Mr. Maloy testified that the CDD the best alternative for delivering the needed community development facilities and services and that the creation of the CDD will also help ensure that District residents pay for the costs of the necessary infrastructure that will be constructed to serve them. In the present economic climate, a developer's access to the money necessary for the provision of needed infrastructure is very limited. One of the few avenues available is the bond market. The CDD will permit access to this source of funds to provide capital to build the necessary infrastructure. To address issues related to planning, Petitioner presented the testimony of Brian C. Canin. Canin is President of Canin Associates Urban and Environmental Planners, a planning and consulting firm. He has held that position since the firm's inception in 1980. Canin has extensive experience with Developments of Regional Impact and in planning and development of other large-scale projects, as well as in reviewing comprehensive plans. Canin was qualified at the hearing as an expert in land use planning. Canin was coordinator for the consulting team which prepared the DLI Properties DRI. He prepared and submitted the application for development approval encompassing all of the property located within the external boundaries of the proposed district. He also participated in all of the hearings. With respect to the Dovera CDD petition, Canin worked as part of the project team, providing supporting materials for the Petition. Canin identified Exhibit 5 to the Petition as a map prepared by Canin Associates for the DRI which depicts the land use plan for the proposed District. He indicated that Canin Associates later provided the map to Gee & Jenson (Engineers, Architects and Planners) for use in compiling the Petition. Canin also identified an updated version of Exhibit 5 to the Petition. He indicated that the version contained as an attachment to the Petition was submitted with the DRI. In the course of the hearings held on the DRI and during the approval of the Master Plan, certain changes were made to the land uses. Petitioner's Exhibit E represents the land uses currently proposed and approved for the area encompassed by the proposed District. Canin noted that the updated version of the land use plan includes a revision of the typical roadway section. Petitioner had been informed by County staff that the typical roadway section initially submitted by the developer did not meet the standards for a County road. The roadway section, which meets the standards for a county-owned road, was drawn to show that the road could meet those specifications without changing the amount of buildable acreage within the proposed development. This means that the existing right-of-way can accommodate a change, if necessary, to meet County-owned road standards. There will be no change in the DRI requirements with respect to buildable acres. Encompassing approximately 410 acres, the proposed land uses for the area within the Dovera CDD comprise a Planned Unit Development consisting of 512 multi-family residential units and related commercial, institutional, recreational, and other uses. The proposed development includes over 247,000 square feet of commercial space and more than two million square feet devoted to office and office/showroom space. The plan also includes 250hotel rooms. The development is set within environmental open spaces that are integrated into stormwater facilities and roadways. A copy of the September, 1991 Seminole County Comprehensive Plan was admitted into evidence as Petitioner's Exhibit F. Based on his review of the Seminole County Comprehensive Plan, Canin testified that the proposed district is consistent with the Seminole County Comprehensive Plan. In addition, project approval required numerous reviews in the course of the DRI process, as well as various hearings conducted by the County Land Planning Agency and Board of County Commissioners. Unless the project had been consistent with the Seminole County Comprehensive Plan at all these points in time, the developer would not have been allowed to proceed. Canin also testified that he had reviewed the State Comprehensive Plan found in Chapter 187, Florida Statutes, and that, in his opinion, the proposed District is consistent with the State Comprehensive Plan. He noted that Section 187.201(18), Florida Statutes, provides for the creation of partnerships among local governments and the private sector which would identify and build needed public facilities. Canin also identified Section 187.201(20) which encourages the coordination of transportation infrastructure to provide major travel corridors and enhance system efficiency. Coordination of the Red Bug Lake Road construction and the proposed District's involvement in its financing are examples of how the proposed district fulfills this policy. Canin further testified that Section 187.201(21) permits the creation of independent special taxing districts as a means of lessening the burden on local governments and their taxpayers, and also encourages the use of such districts in providing needed infrastructure. Based on his extensive experience with Developments of Regional Impact, Canin testified that creation of the proposed District will not constitute any change to the DRI development, its plan, its timing, its design, or anything else related to the DRI. The District's activities are subject to the regulatory and permitting authority of the county, including the DRI approval process. From a land use perspective, the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Requiring DRI approval, the project was designed from the outset using an integrated land use plan, the purpose of which was to integrate diverse systems into one common plan. Canin testified that the proposed District is the best available alternative for delivering community development services and facilities to the area that will be served by the District. According to Mr. Canin, the proposed District will facilitate long-term financing of necessary infrastructure while providing a perpetual entity capable of operating and maintaining those systems and facilities. In Mr. Canin's opinion, private development would not be as advantageous because a private developer could not provide the same guarantees with respect to long-term operation and maintenance. Finally, based on his familiarity with the type and scope of development as well as the available services and facilities locate din the area of proposed development, Canin testified that the District's services and facilities will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. He noted that transportation services were taken into account in the DRI process and are thoroughly integrated into the local comprehensive plan. To address engineering-related matters, Petitioner offered the expert testimony of Fred A. Greene. Greene is President, Chairman, and Chief Executive Officer of Gee & Jenson Engineers-Architects-Planners, Inc., an engineering and planning firm. He has held these positions for a combination of sixteen years. Greene is a registered engineer in Florida and personally has been involved in a number of DRI-related projects. He has a wide range of experience in providing engineering services relating to the use and operation of special districts, including community development districts. He advises districts on construction matters, design and maintenance, beginning with permitting for major infrastructure. Greene was qualified at the hearing as an expert in civil engineering and in land development, specializing in special districts. Greene played an active role in preparation of the documents required to establish the Dovera CDD. He visited the site and reviewed designs prepared by others for the water management system, the roadway system, and the water and sewer facilities. He also assisted in the preparation of the cost estimates contained in the Petition. The land within the proposed District is not presently developed and is primarily used for cattle operations. The land uses adjacent to the proposed district include residential communities to the north and west. The Seminole County Expressway is east of the proposed District and the land to the south is vacant. The existing drainage basins and outfall canals, the existing major trunk water mains, sewer interceptors and lift stations are identified in Petitioner's Composite Exhibit B, attached Exhibit 6. The land presently is drained by a series of ditches installed for agricultural purposes, the water flowing from west to east before discharging through Bear Creek into Lake Jessup. The proposed District is currently expected to construct the water management system, water and sewer facilities, internal roadways, security, mosquito control, and parks and recreation facilities. Seminole County will provide potable water through the existing twelve-inch lines. The District will construct water mains along the internal roads and later transfer title to the County. There is no plan to have the District provide water service to the development. With respect to the provision of sewer service and facilities, Petitioner plans to have the District construct a collection system along with lift stations and force mains that will discharge to the County's Iron Bridge Treatment Plant. These facilities will also be dedicated to the County. There is no plan to have the District provide sewer service to the development. The Petitioner plans to have the District construct and/or maintain within its boundaries a system of lakes, dry retention areas, wet retention areas, wetlands, flowways, culverts and control structures to accommodate surplus stormwater. Discharge would be through control structures and flow north through a system of existing canals to Lake Jessup. The Petitioner also expects the District to be involved in the construction and maintenance of roads. The roads would be constructed to applicable Seminole County standards, and to the extent that the roads remain district roads, the District will maintain them. The Seminole County Expressway is a N/S roadway presently under construction along the eastern boundary of the District. Realigned Red Bug Lake Road is presently under construction by Seminole County pursuant to a joint infrastructure agreement with Duda Lands, Inc. The agreement requires cost participation on that part of realigned Red Bug Lake Road which runs through the District. The District is expected to assume the developer's responsibility for that portion of realigned Red Bug Lake Road which runs through the District. The proposed District expects to purchase a truck and sprayer to assist in mosquito control within its boundaries. The District will be responsible for this activity, either by contract or by using its own staff. The proposed District currently plans to construct, operate and maintain facilities for parks and recreation. These facilities may include passive parks, playgrounds, pedestrian systems, bike paths, boardwalks and nature trails. With respect to the proposed District's current plans for security, in addition to gates, fences and similar installations related to security, the District may supplement security with additional staff and, where practical, may install automatic security devices. Exhibit 7 to the Petition shows the estimated infrastructure construction schedule and costs for the proposed District based on 1991 dollars. The anticipated schedule is for work to be performed by the Dovera CDD over the next twelve years. Unlike the DRI which has phases triggered by trips, the CDD phasing is premised on financing and construction engineering. However, the anticipated timetable in Exhibit 7 to the Petition is consistent with the schedule for development of the land. Based on his experience with special districts and DRI-related projects, Greene testified that creation of the proposed District will not constitute any change to the DRI development, its plan, its timing, its design, or anything else related to the DRI. Mr. Greene's unrefuted testimony established that the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as a functional interrelated community. A large tract lying adjacent to a major expressway, having been planned as a DRI and approved subject to issuance of a development order, is developable as a functional interrelated community. In this instance, all of the infrastructure systems, including those serving nonresidential areas of the development, are interrelated and have been purposefully designed to function as a single system. Greene's unchallenged testimony established that the proposed District is the best available alternative for delivering the proposed services and facilities to the area that will be served by the District. Although property- owners' associations constitute one alternative for the delivery of community development services and facilities, they are unable to finance infrastructure. In addition, regional water management districts prefer to have CDDs provide services because of their stability and record for collection of assessments. Being units of special-purpose local government, CDDs are generally perceived as being more stable than informal associations. While private development is another alternative, it cannot provide the same guarantees as CDDs with respect to operation and long-term maintenance of community development services and facilities. It is Mr. Greene's opinion that the proposed District's community development services and facilities will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The project infrastructure will be designed and constructed to state or county standards for the various items of work and would therefore be consistent with the local development regulations and plans. The District will also be subject to all permit requirements and conditions of the development order. Mr. Greene testified that the area to be served by the proposed District is amenable to separate special-district government because the area is large enough to support necessary staff to maintain and operate the proposed system. The District also has specific authority and a specific mission. Based on his experience with other districts of this size and larger that have been in existence for more than twenty years, Greene concluded that the proposed Dovera CDD will prove to be a successful operation. Dr. Henry H. Fishkind, President of Fishkind & Associates, Inc., an economic and financial consulting firm, prepared and presented the economic impact statement which accompanied the Petition. In addition to providing economic forecasting services, Fishkind also provides financial advice to both public and private sector clients, including special districts. At the hearing, Fishkind was qualified as an expert in economics, financing and statistics, including infrastructure financing and the use of special taxing districts. In addition to preparing the economic impact statement (EIS), Fishkind has assisted The Viera Company in assessing the financial feasibility of the proposed District. Fishkind confirmed the accuracy of the information contained in the EIS. The EIS was prepared, in part, to meet the statutory requirements of Chapter 120, Florida Statutes. At the hearing, Fishkind summarized the findings contained in the EIS. Seminole County and the State of Florida were identified as the two governmental entities which would be affected by the processing of this Petition and ongoing review and oversight of the District. Seminole County received the Petition for review and was paid a $15,000 filing fee to cover expenses related to processing the application. This fee is expected to adequately cover those costs. The County will have the option of reviewing the District's proposed budget each year. Dr. Fishkind does not anticipate that the County will incur any other direct costs by virtue of establishment of the District. Dr. Fishkind testified that Seminole County and its citizens will also receive some benefits by virtue of establishment of the District. The District will provide a mechanism to facilitate the financing and ongoing operation and maintenance of infrastructure for the project. In Dr. Fishkind's opinion, the District not only restricts the costs for needed facilities and services to those landowners who benefit from them, but, because it is an independent special-purpose government, also frees the County from any administrative burden related to management of these facilities and services. In addition, the District should help to assure compliance with the development order conditions as they relate to infrastructure. With respect to the State, the Bureau of Local Government Finance in the Office of the Comptroller will review certain financial reports that all special districts must file. The cost of processing one additional report will be minimal. In addition, the Department of Community Affairs ("DCA") also has certain reporting requirements with which the District must comply. The costs to the DCA are partially offset by a required annual fee imposed on all special districts. The EIS also analyzed the expected costs and benefits to the citizens of Florida and the state at large. According to Dr. Fishkind's testimony, Chapter 190 encourages planned large-scale communities such as that within the proposed District, and the Dovera CDD would satisfy this legislative intent. The District is also intended to serve as a way to ensure that growth pays for itself, and that those who receive the benefits absorb the costs. Dr. Fishkind testified that, in addition to providing an improved level of planning and coordination and ensuring long-term operation and maintenance of needed facilities and services, the District would also promote satisfaction of state and local requirements for concurrency. Dr. Fishkind's unchallenged and unrefuted testimony in this regard is accepted. Dr. Fishkind also analyzed costs and benefits to the Petitioner. The costs include preparation of the Petition and all of the underlying analysis devoted to the project by team members. Dr. Fishkind testified that, in addition, the Petitioner, as landowner, will be the largest single taxpayer for some time, and will bear the largest portion of the donation of certain rights- of-way and easements. The Petitioner is also expected to provide certain managerial and technical assistance to the District, particularly in the early years. Benefits to the Petitioner include the District's access to the tax exempt bond market and other capital markets which would otherwise be unavailable. Another benefit to the Petitioner flows from the assurance that concurrency requirements will be met and that a stable, long-term entity is in place to maintain necessary infrastructure. Because any other similarly-situated landowner could also petition for establishment of a CDD, the granting of the Petition does not give this developer an unfair competitive advantage. The anticipated costs and benefits to persons who ultimately buy land and/or housing or rent commercial space within the proposed District ("Consumers") were also analyzed. In addition to city, county, and school board taxes or assessments, Consumers will pay certain assessments for the construction and maintenance of necessary infrastructure. The consumers should, in turn, have access to first quality public facilities and high levels of public service in a development where the necessary infrastructure will be maintained even after the developer is no longer involved. Ultimately, the statute provides a mechanism where Consumers may control the board of supervisors and determine the type, quality and expense of essential district facilities and services, subject to County plans and land development regulations. The EIS analyzed the impact of the District on competition and the open market for employment. Although there may be a transitory competitive advantage because of lower cost financing and access to capital, any advantage is not exclusive to The Viera Company. Although the CDD itself will not have a measurable impact on the open market for employment in Seminole County, Dr. Fishkind believes that access to capital markets may nonetheless have some positive effect on the development of employment. According to Dr. Fishkind, the District's potential effect on the open market for employment will likely be enhanced when compared to private development because CDDs are subject to government-in-the-sunshine and public bidding laws. Similarly, while anticipating no measurable impact on small and minority businesses as a direct result of establishing the Dovera CDD, Dr. Fishkind testified that such businesses may be better able to compete in the development because the District must operate according to government-in-the- sunshine and public bidding laws. Data supplied by The Viera Company and Gee & Jenson was used by Dr. Fishkind in performing his economic and financial analysis. Based on the result of his financial studies and analyses, Fishkind concluded that the proposed District is expected to be financially sound and able to fulfill its economic obligations. The expected general financial structure of the proposed District is based on a system of special assessments to defray the costs of its infrastructure. These special assessments would be imposed pursuant to Chapter 190, using the procedures outlined under Chapter 170 or Chapter 197, and would be pledged to secure bonds issued for the necessary improvements. It is not anticipated that the District will use any ad valorem taxation. This proposed financial structure for the Dovera CDD is very similar to that used successfully in many other CDDs in Florida. Dr. Fishkind testified that the financial structure is significantly different from that employed by a Tax Increment Financing District or TIF. A TIF is a dependent district the financial structure of which is premised on a "frozen" tax base of a particular area. TIF bonds are then repaid by the increase in real estate value within that area. This structure usurps certain taxes that would otherwise accrue to the local general-purpose government at large. TIFs are sometimes used in community redevelopment areas. Unlike a TIF, a CDD is actually an independent district with limited powers set out in the statute. A CDD's assessments and taxes do not in any way impact the County's taxing or assessment powers. Although a CDD may borrow money, the debts of a CDD cannot become the debt of any other governmental entity without its consent. In addition to the proposed District, there are several other available alternatives for the provision of community infrastructure, including private development, homeowners' associations, county provision, and dependent districts such as MSTUs or MSBUs. Dr. Fishkind testified that, from a financial perspective, and based on an analysis of other options available, the proposed District is the best available alternative for delivering community development services and facilities to the area that will be served by the District. According to Dr. Fishkind, of these alternatives, only a CDD allows for the independent financing, administration, operation and maintenance of infrastructure while permitting residents to exercise increasing control over the District's governing board. Although independent of the county commission and enabling district residents to exercise control as a governing board, a homeowners' association would not be capable of undertaking the financial responsibility necessary to pay for the required infrastructure. Private developers do not have access to the tax-free bond market, and cannot provide the stability of long-term maintenance of infrastructure. Provision by the county or by a MSTU or MSBU would require the county to administer, operate and maintain the needed infrastructure. Dr. Fishkind testified that, from a financial perspective, and based on a review of the applicable plans, the CDD is consistent with the State and Seminole County Comprehensive Plans. Although CDDs are not directly mentioned in the Seminole County Comprehensive Plan, the proposed District is consistent with the plan's intent that growth should pay for itself. Based on his familiarity with the design of the proposed District and his experience with other districts of a similar size and configuration, Fishkind concluded that the area to be included in the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. All the infrastructure for the proposed development has been planned as a unit and so should be expected to function as an interrelated system. It was also Fishkind's opinion, after reviewing the availability of the existing community development services and facilities in the area to be served by the proposed District, that the community development services and facilities expected to be provided by the District are not incompatible with the capacity and uses of existing local and regional services and facilities. The current assistance provided by the developer with respect to the development of Red Bug Lake Road and the Seminole County Expressway provides an example of infrastructure compatibility. Finally, taking into account the governing structure of the proposed District and the experience of other special districts in Florida, Fishkind concluded that the area that will be served by the proposed District is amenable to separate special-district government. It is Dr. Fishkind's opinion that an interrelated community created in compliance with a comprehensive master plan and specific infrastructure requirements represents an ideal circumstance within which to foster development of a CDD. Petitioner also presented the testimony of Gary L. Moyer. Moyer is President of Gary L. Moyer, P.A., a firm engaged in providing consulting and management services to special districts. He provides numerous services to approximately 33 special districts, 25 of which are CDDs. These services include planning of infrastructure, financing, implementation and the award and oversight of construction contracts. Upon completion of construction, he oversees the day-to-day operation and maintenance of the infrastructure. He has provided these services for approximately fifteen years. At the hearing, Moyer was qualified as an expert in special district governance and management. Moyer has been involved with CDDs ranging in size from only 28 acres to as many as 13,000 acres. Moyer testified that the proposed Dovera CDD would be an average size district among those providing primarily commercial and industrial land uses. CDDs operate pursuant to statute and must comply with requirements similar to those imposed upon general-purpose local governments. CDDs issue bonds to finance necessary infrastructure and typically repay this bonded indebtedness through imposition of non ad valorem assessments. The collection of these non ad valorem assessments has been accorded equal dignity with the collection of property taxes. Comparing other alternatives for the provision of community infrastructure, such as private development, property-owners' associations, and provision of services and facilities by local governments, Moyer testified that the proposed District is the best alternative for providing the contemplated services and facilities to the area that will be served by the District. The singular purpose of a CDD is to provide infrastructure to new communities. Although other entities may provide such facilities and services, none of them possess the focus which is characteristic of CDDs. Moyer also concluded, based on his familiarity with the land area that is to be included in the proposed District and his experience with several CDDs having similar land use characteristics, that the area is amenable to separate special district governance. Moyer also expressed the opinion, based on his experience as manager of other districts of similar size and configuration, that the area of land to be included in the proposed District is of a sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional interrelated community. The District appears to have the ability to provide the necessary infrastructure in a cost-effective manner to the lands to be included within its boundaries. With respect to the proposed District's anticipated use of County services, agreements with the tax collector and property appraiser for the collection of special assessments under Chapter 197, Florida Statutes, may be used. Such agreements are commonly used by other special districts. To the extent these services are used, the County is compensated by the District for these expenses.
Conclusions On March 12, 1992, a public hearing was held in this matter. The hearing was held in the Chambers of the Seminole County Commission, 1101 East First Street, Sanford, Florida, before James W. York, Hearing Officer of the Division of Administrative Hearings.
The Issue The issue to be determined in this case is whether Amendment 10-01A to the Bay County Comprehensive Plan (“the Plan Amendment”), adopted by Ordinance 10-22, is “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes.1
Findings Of Fact The Parties The Department is the state land planning agency and, at the time of the adoption of the Plan Amendment, was charged with the duty to review comprehensive plan amendments and to determine whether they are “in compliance,” as that term is defined in section 163.3184(1)(b). Bay County is a political subdivision of the State of Florida and has adopted a comprehensive plan that it amends from time to time. Petitioner Diane Brown resides and owns property in Bay County, but not in the Sand Hills STZ. Petitioner submitted comments to Bay County during the time between the transmittal and adoption hearings for the Plan Amendment. Intervenor Cedar Creek is a Florida corporation that owns approximately 1,007 acres of land within the Sand Hills STZ. Intervenor submitted comments to Bay County during the time between the transmittal and adoption hearings for the Plan Amendment. The Sand Hills STZ The Sand Hills STZ is one of three Rural Community STZs in Bay County. The Sand Hills STZ has a number of platted and unplatted subdivisions that were created before the adoption of the Bay County Comprehensive Plan. Within the Sand Hills STZ is a police station, a fire station, and a public school for Pre- Kindergarten through 12th grade. Residences and businesses in the Sand Hills STZ are on private wells and septic tanks. The public school is on central sewer and water. Existing land uses within the Sand Hills STZ include Agriculture, Public/Institutional, Conservation/Preservation, General Commercial, and Rural Residential. Lands designated Agriculture can be developed at one dwelling unit on ten acres ("1 du/10 ac"). Lands designated Rural Residential can be developed at 1 du/3 ac on unpaved roads and 1 du/ac on paved roads. This leads to some semantic confusion. Densities of 1 du/10 ac and 1 du/3 ac are rural densities, but a density of 1 du/ac is a suburban density. That means the Rural Residential land use designation allows for densities that are suburban in character and the rural community STZs are not altogether rural. Abutting the Sand Hills STZ on the north is Washington County. To the south are areas designated Agriculture/ Timberland. The community of Southport is located about five miles to the south. West of the Sand Hills STZ is the Northwest Florida Beaches International Airport and other lands subject to the West Bay Area Sector Plan. East of the Sand Hills STZ is Deer Point Lake/Reservoir, the County’s primary source of drinking water. Also to the east are 8,500 acres of land owned by the Northwest Florida Water Management District that are designated Conservation/Recreation. The Sand Hills region is hydrogeologically sensitive because of significant recharge which occurs throughout the region via ground and surface waters to Deer Point Lake/Reservoir. The Plan Amendment The Plan Amendment creates a new Policy 3.4.10 to guide development in the Sand Hills STZ. The Policy begins: The Sand Hills Area is an established and continually evolving community with unique character and environmental assets that warrant a special planning approach to ensure the preservation and protection of its distinctive qualities. Due to its beautiful natural landscapes, picturesque areas, and its strategic location east of the West Bay Area Sector Plan (Centered around the Northwest Florida Beaches International Airport) and nearby transportation corridors--State Road 77, County Road 388, and State Road 20, development and growth will continue to occur in the Sand Hills Community. The Sand Hills Rural Community Special Treatment Zone is an overlay area that has been established to maintain the area's character while protecting its significant natural resources and advancing Bay County's Wide Open Spaces strategy (Map 3.7). The Sand Hills Rural Community Special Treatment Zone encourages efficient development and infill within an area that has the capacity to service future growth. Guiding principles for the Sand Hills STZ are set forth in new Policy 3.4.10: Protect important recharge areas from the effects of irresponsible development. Create a sense of place by implementing design and landscape standards. Promoting civic and community uses, and providing interconnection between uses, community parks, and open space that protect and enhance the character of the Sand Hills Community. Provide for sustainable development and environmentally responsible design. Maintain the character of the Sand Hills Rural Community while providing for neighborhood commercial, retail, office, and civic uses located within designated commercial area and corridors, appropriately scaled to meet the needs of the Sand Hills Community. Promote an integrated network of local streets, pedestrian paths, and bicycle and equestrian trails. Access management policies that promote development patterns which reduce automobile trip length. Provide for a range of housing types for all ages, incomes, and lifestyles. Provide centralized utilities for all new developments in a planned, coordinated and efficient manner. Policy 3.4.10.1 would allow properties designated Rural Residential to increase from 1 du/ac to 4 du/ac if central water and sewer are available and other conditions are met as set forth in Policy 3.4.10.4. Policy 3.4.10.2 has special conditions applicable to commercial development, such as a maximum floor area ratio of 30 percent. General Commercial land uses are only permitted in three designated "Commercial Nodes." Policy 3.4.10.3 creates special conditions applicable to agricultural uses in the Sand Hills STZ. Policy 3.4.10.4 establishes criteria for new development in the Sand Hills STZ, including the requirement for a site analysis by a licensed engineer or geologist. This requirement is imposed to protect karst features and aquifer recharge areas. This Policy also requires enhanced stormwater treatment and buffers around karst features, low impact design and landscaping standards, and open space requirements. Policy 3.4.10.5 requires the County to complete a plan by January 2012 for the expansion of water and sewer facilities into the Sand Hills STZ and to "retrofit" existing septic tanks by connecting properties to central sewer lines. New developments, regardless of density, are required to connect to central sewer lines if they are within 1,000 feet. Policy 3.4.10.6 addresses roadway access management to reduce reliance on State Road 77 and preserve levels of service. Internal Inconsistency Petitioner contends that the Plan Amendment is inconsistent with existing Policy 3.4.4 which states, in part, that rural community STZs are intended: to promote infill development into existing rural developed areas that will allow residents to work, shop, live, and recreate within one relatively compact area while preserving the rural and low density land uses in the designated and surrounding areas. Petitioner has a misunderstanding about Policy 3.4.4 that is the basis for several of her objections to the Plan Amendment. Petitioner focuses on the words "preserving the rural and low density land uses" and fails to see that the primary purpose of the policy is to enhance communities out in the rural areas of Bay County by encouraging the creation of a "nucleus" of mixed land uses in a compact development, while preserving the rural character of the surrounding area. Petitioner also asserts that the Plan Amendment is inconsistent with Policy 3.4.4 because the policy refers to "existing" developed areas, but the Plan Amendment allows residential density increases on some lands that are currently undeveloped. Petitioner's interpretation of the wording in the policy is not the only interpretation that can be given to the words and it is not the interpretation that Bay County gives to the words. Bay County interprets existing developed areas as a general reference to the areas that are currently recognizable as the core of village-like features, rather than a finite group of parcels. Policy 3.4.4 refers to the designation of rural community STZs "consistent with the Wide Open Spaces Strategy." A 7-page document entitled "Wide Open Spaces Strategy" was admitted into evidence as Petitioner's Exhibit 41. It is stated in the strategy that: This policy is an attempt by the Board of County Commissioners to focus its infrastructure planning and construction efforts. In no way should this policy be construed to discourage anyone choosing to live in the rural area. Rather, the Board is establishing the parameters and expectations that should be associated with that choice. The significance of the strategy to a compliance determination is not clear. It does not appear in the Comprehensive Plan and it may not have been properly adopted by reference. See § 163.3711(1)(b), Fla. Stat. Policy 3.4.4 states that a rural community STZ is to be "designated" consistent with the strategy, but this Plan Amendment does not designate the Sand Hills STZ. There are general statements in the strategy that fail to account for more specific policies of the comprehensive plan. For example, the strategy states that the County will limit residential development in rural communities to 1 du/3 ac, even though the Comprehensive Plan clearly allows 1 du/ac on Rural Residential lands if the lands are on paved roads. Statements in the policy regarding rural services do not reflect the existing public services and utility planning in the Sand Hills STZ. These disharmonies between the Wide Open Spaces Policy and the Comprehensive Plan suggest that the strategy is a collection of general statements that are not intended to have the same force and effect as the policies of the Comprehensive Plan. The record evidence is insufficient to show the intended role of the strategy in Bay County's comprehensive planning. The record evidence is insufficient to show that the Plan Amendment is inconsistent with the strategy. Petitioner contends that the Plan Amendment is inconsistent with Policy 6.10.5 of the Conservation Element, which states: "The County will maintain rural densities and intensities of development in identified high aquifer recharge areas." The existing rural densities in the Sand Hills STZ (1 du/10 ac and 1 du/3 ac) are not changed by the Plan Amendment. The existing suburban densities of 1 du/ac cannot be increased unless the parcels are connected to central water and sewer systems. Therefore, the purpose of Policy 6.10.5--to protect aquifer recharge areas--is achieved by the Plan Amendment. The stated "performance measure" for Policy 6.10.5 is the maintenance of rural designations on the FLUM. The Plan Amendment maintains rural designations on the FLUM. Petitioner contends that the Plan Amendment is inconsistent with Policy 3.2.3 because it conflicts with the intent of the policy to limit the Sand Hills STZ to rural levels of service. However, Policy 3.2.3 does not prohibit the County from providing central services in the Rural STZs. The service area map for the Sand Hills STZ shows that central water and sewer services are already planned. The County already provides central sewer and water to the public school located in the Sand Hills STZ. Petitioner claims that the Plan Amendment, for the first time, allows general commercial uses within the Sand Hills STZ, but General Commercial uses were already allowed in the Sand Hills STZ. In summary, Petitioner failed to prove facts showing that the Plan Amendment causes the Comprehensive Plan to be internally inconsistent with any goal, objective, or policy of the Comprehensive Plan. Data and Analysis Petitioner asserts that there is insufficient data and analysis to support the need for increased residential density to meet population projections for the area. A local government can accommodate more than the projected population. See § 163.3177(6)(a)4., Fla. Stat. The Plan Amendment responds to growth pressures in the Sand Hills STZ, modifies antiquated subdivisions, and furthers numerous other general and specific goals, objectives, and policies of the Comprehensive Plan to promote well-designed, environmentally-protective, infrastructure-efficient, high- quality communities. Petitioner contends that the Plan Amendment is not supported by appropriate data and analysis regarding the protection of aquifer recharge areas. However, the evidence offered by Petitioner only established that she wants the Plan Amendment to be more protective. Petitioner's expert hydrogeologist, Dr. Kincaid, admitted that the County had taken "strong" and "aggressive" measures in the Plan Amendment to protect water quality, but said he wished the County had done more to address water withdrawals. There was no evidence presented indicating that there is insufficient water available to serve the Sand Hills STZ. The Northwest Florida Water Management District has exclusive authority to regulate water withdrawals in Bay County. See § 373.217(2), Fla. Stat. The Deer Point Lake Hydrologic Analysis is the principal data and analysis that the Plan Amendment is based upon. In addition, the Plan Amendment is supported by the analysis presented at the final hearing by Dr. Kincaid and Steve Peene. Petitioner did not present data and analysis showing that the Plan Amendment would be harmful to water resources. Petitioner contends that the Plan Amendment is not supported by data and analysis regarding impacts on species and habitats. Petitioner did not explain what additional data and analysis would be required regarding species and habitat when the lands affected by the Plan Amendment are already designated for residential and commercial development. Petitioner refers to comments made by the Fish and Wildlife Conservation Commission, but those comments are also unexplained, and are hearsay. The Conservation Element of the Comprehensive Plan addresses the protection of natural resources, species, and habitat. The Plan Amendment does not remove any goal, objective, or policy of the Conservation Element. Petitioner did not show the Plan Amendment would be harmful to species and their habitat. A large area where septic tanks are used can be expected to be a source of groundwater contamination because a significant number of septic tanks will fail. The Plan Amendment includes a new map which depicts priority areas for retrofitting existing parcels that use private wells and septic tanks and connecting the parcels to central water and sewer lines. Petitioner contends that the mapping is not supported by data and analysis. The priority areas were selected based on development density and proximity to Deer Point Lake. Those data are sufficient to support the mapping of priority areas. Petitioner produced no contrary data and analysis. In summary, Petitioner failed to prove facts showing that the Plan Amendment is not supported by relevant and appropriate data and analysis. Urban Sprawl Petitioner contends that the Plan Amendment encourages urban sprawl, but her evidence was not persuasive. According to Petitioner's theory of sprawl, every rural town and village would be an example of sprawl because they all "leap frog" from urban areas over agricultural and rural lands. Leap frogging as an indicator of sprawl usually involves a leap from an urban area to an area of undeveloped rural lands which will be transformed into urban or suburban land uses. That is not the situation here. The Plan Amendment's application of modern planning principles to enhance the quality and functionality of an existing rural community does not indicate urban sprawl. Petitioner contends that the Plan Amendment triggers most of the 13 indicators of urban sprawl that are set forth in section 163.3177(6)(a)9., but she failed to prove the existence of any indicator. The Plan Amendment does not promote the development of a single use or multiple uses that are not functionally related. It does not promote the inefficient extension of public facilities and services. It does not fail to provide a clear separation between urban and rural uses. In summary, Petitioner failed to prove facts showing that the Plan Amendment constitutes a failure of Bay County to discourage the proliferation of urban sprawl. Other Compliance Issues Petitioner contends that the Plan Amendment's provisions regarding infrastructure were not shown to be financially feasible, but the record evidence shows otherwise. Bay County has water and sewer facilities with sufficient capacity to serve the Sand Hills STZ. Furthermore, the new law eliminated the financial feasibility provisions of section 163.3177. Petitioner contends that the Plan Amendment improperly changes the FLUM, but the Plan Amendment does not change the FLUM. The rural community STZs are overlays that do not change FLUM designations. Petitioner contends that the Plan Amendment does not address hurricane evacuation times, but did not show that there is any legal requirement for Bay County to address hurricane evacuation times for amendments affecting lands outside of areas of hurricane vulnerability. Petitioner alleges that the Plan Amendment is inconsistent with the requirements of section 163.3177 related to energy conservation and efficiency, but the law cited by Petitioner was eliminated by the new law. Petitioner stated at the final hearing that her real objection is that the Plan Amendment promotes subdivisions far away from employment centers. Growth in the Sand Hills STZ is likely to be affected by and run parallel to growth in the adjacent West Bay Sector Plan because it is a developing employment center. Furthermore, the Plan Amendment is designed to make the Sand Hills STZ more self-sustaining, which would reduce vehicle miles. Petitioner contends that the Plan Amendment does not include sufficient standards and measures for the implementation of its new policies. The Plan Amendment is primarily self- implementing, in that it sets forth specific conditions for development. In addition, the Plan Amendment includes guiding principles that can be used in the application of existing land development regulations (LDRs) or the adoption of new LDRs. There also are references in the Plan Amendment to other regulatory programs that will be used to implement the policies. Petitioner claims the Plan Amendment was not coordinated with Washington County, but she did not prove the claim. In summary, Petitioner failed to prove facts showing that the Plan Amendment is not in compliance.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Economic Opportunity enter a final order determining that the Plan Amendment is in compliance. DONE AND ENTERED this 18th day of October, 2011, in Tallahassee, Leon County, Florida. S BRAM D. E. CANTER 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 18th day of October, 2011.
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) is whether to grant the Petition to Establish the Madeira Community Development District (Petition). The local public hearing was for the purpose of gathering information in anticipation of quasi-legislative rulemaking by FLWAC.
Conclusions Having considered the record in this cause, it is concluded pursuant to Section 190.005(1)(e)1 through 6, Florida Statutes: That all statements contained within the Petition, as amended, are found to be true and correct. That the creation of the district is not inconsistent with any applicable element or portion of the State Comprehensive Plan or the effective local comprehensive plan. That 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. 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 capacity and uses of existing local and regional community services and facilities. That the area that will be served by the district is amenable to the special-district government. DONE and ENTERED this 25th day of October, 1990, in Tallahassee, Florida. CHARLES C. ADAMS, 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 25th day of October, 1990. COPIES FURNISHED: Ken Van Assenderp, Esquire George L. Varnadoe, Esquire Post Office Box 1833 Tallahassee, FL 32302-1833 Larry Haag, Esquire Citrus County Courthouse 110 North Apopka Avenue Inverness, FL 32650 Steven Pfeiffer, Esquire Alfred Bragg, Esquire Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Patricia A. Woodworth, Secretary Florida Land and Water Adjudicatory Commission The Capitol, PL-05 Tallahassee, FL 32399-0001 William Buzzett, Esquire Florida Land and Water Adjudicatory Commission The Capitol, PL-05 Tallahassee, FL 32399-0001 David Maloney, Esquire Florida Land and Water Adjudicatory Commission The Capitol, PL-05 Tallahassee, FL 32399-0001 Jeannette Haag, Esquire Withlacooche Regional Water Supply Authority 452 Pleasant Grove Road Inverness, FL 32652
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) in this proceeding is whether the Petition to Establish the Myakka Ranch Community Development District (Petition) meets the criteria set forth in Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code. The local public hearing was for the purpose of gathering information in anticipation of quasi-legislative rulemaking by FLWAC.
The Issue The issue is whether the establishment of the Tuscany 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 In this proceeding, Petitioner, Beverly Hills Development Corporation, seeks the adoption of a rule by the Florida Land and Water Adjudicatory Commission (Commission) to establish a new community development district just northeast of Beverly Hills in Citrus County, Florida. The proposed name for the new District is the Tuscany Community Development District (the District). The sole purpose of this proceeding was to consider the establishment of the District as proposed by Petitioner. Summary of Evidence and Testimony The evidence indicates that all of the statements contained in the Petition, as amended, are true and correct. Edwin M. Bulleit, a certified public accountant with Prager, McCarthy and Sealy, testified that he and his attorney met individually with the different county commissioners for Citrus County regarding the proposed District, and although the commissioners had questions, they had no objections to the adoption of the proposed District. Mr. Bulleit further testified that he felt he adequately answered the questions of the commissioners. Mr. Bulleit testified that a community development district is a mechanism to finance, plan, and manage public improvements. Witness Bulleit further testified that such a mechanism allows development to pay for itself. Mr. Bulleit stated that in his experience, 80 to 90 percent of developments in Florida are pursuing community development-type financing. Mr. Bulleit further testified that community developments provide the opportunity for tax exempt financing, the benefits of which include (i) lower interest rates, which make the development more financially sound and lots within the community development district more affordable, and (ii) access to long-term, 30-year debt financing, which means the financing matches the long-term nature of the assets being financed. Mr. Bulleit testified that a community development district may exercise certain powers subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to the community development district. Mr. Dale R. Miller, Vice-President of Petitioner, testified that Petitioner is a Florida corporation with offices in Beverly Hills, Florida. A certified copy of a Certificate of Active Status for Petitioner issued by the Florida Department of State was received into evidence as Exhibit 1. Mr. Miller indicated that the land area to be served by the proposed District consists of two parcels of unimproved real property containing approximately 951.14 acres located in the existing Beverly Hills Development of Regional Impact (Beverly Hills Property) and 560 acres located outside the Beverly Hills Development of Regional Impact (King Land Trust Property) for a total acreage of approximately 1,511.14 acres. Mr. Miller also testified that the Beverly Hills Property and King Land Trust Property are contiguous (320 acres are adjacent to the east of the Beverly Hills Property, while 240 acres are adjacent to the south of the Beverly Hills Property). The conceptual development plan's allotted acreage for each land use was received into evidence as a part of Composite Exhibit 4. The proposed District is entirely within the territorial limits of Citrus County, Florida. Mr. Miller further testified that the metes and bounds legal description of the external boundaries of the proposed District is as described in and attached to the Petition as Exhibit B and Exhibit B-1 and introduced into evidence at the hearing as a part of Composite Exhibit 4. Petitioner filed an amended Exhibit B to its Petition, which contained an amended legal description of the boundaries for the proposed District. Mr. Miller indicated that the owners of the land to be included within the boundaries of the proposed District are Petitioner and William H. Cauthen, as Trustee of the King Land Trust, Inc. Mr. Miller further testified that the owners of the land to be included within the proposed District have consented to establishing the proposed District. The written consents of the owners of the land to be included in the proposed District were attached to the Petition as Exhibits C and C-1, and introduced into evidence at the hearing as a part of Composite Exhibit 4. Mr. Miller testified that the five persons designated to serve as the initial members of the Board of Supervisors of the proposed District are: Ronald J. Collins, Dale R. Miller, Taylor Collins, Paul Buchanan, and John O'Kelley. The initial supervisors will serve on the Board of Supervisors until replaced by elected members as provided by Section 190.006, Florida Statutes. All of the initial supervisors are residents of the State of Florida and citizens of the United States of America. Mr. Miller also stated that the proposed timetables and related estimates of cost to construct the proposed District's services and facilities, based upon available data, were attached to the Petition as Exhibit D and received into evidence as a part of Composite Exhibit 4. Mr. Miller testified that the Statement of Estimated Regulatory Costs (SERC) to establish the proposed District were attached to the Petition as Exhibit E and received into evidence as a part of Composite Exhibit 4. The future general description, location, and extent of public and private uses of land proposed for the area within the proposed District will be incorporated into the adopted and approved Citrus County Comprehensive Plan. Also, the requested land use and zoning classifications permit the planned residential and commercial development to be located within the proposed District. Finally, for those portions of the proposed District situated within the Beverly Hills DRI, the proposed public and private uses of land are compatible with all development orders issued pursuant to the DRI process. Mr. Miller testified that the proposed public and private uses of the land at issue were compatible with all of the development orders that have been issued pursuant to the development of regional impact process. Gail Easley, a professional land planner with The Gail Easley Company, testified that she reviewed the Petition and its exhibits in conjunction with the State Comprehensive Plan and found that the proposed District will not be inconsistent with any applicable element or portion of the State Comprehensive Plan. Ms. Easley also testified that she reviewed the Citrus County Comprehensive Plan, including the goals, objectives, and policies, as well as other materials, and found that the proposed District will not be inconsistent with any applicable element or portion of the Citrus County Comprehensive Plan. Ms. Easley further stated that the area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional interrelated community. Witnesses Bulleit, Miller, and Easley each testified that 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. Witnesses Bulleit and Miller testified that establishing the District will promote development of the land within the District by providing for a more efficient use of its resources. Mr. Miller testified that the community development services and facilities of the District will be compatible with the capacity and uses of existing and local regional community development services and facilities. Mr. Miller also stated that the District provides a perpetual entity capable of making reasonable provisions for the operation and maintenance of the District's services and facilities. Mr. Miller further testified that there is no real property located within the external boundaries of the District that is not going to be included within the District. Witnesses Bulleit and Easley testified that the area that will be served by the proposed District is amenable to separate special-district government. Louis G. Badami, Director of Utilities for Citrus County, testified that the District would be compatible with the capacity and uses of the existing local and regional water and sewer facilities, including those of Citrus County and Rolling Oaks Utilities, Inc. (Rolling Oaks). The latter utility is privately owned and provides water and wastewater service in an area adjacent to the District. Mr. Badami's testimony focused only on the water and wastewater service territories of Citrus County and Rolling Oaks. More specifically, he went on record as opposing a request to expand the present service territory of Rolling Oaks. He further testified that if the District was merely a funding mechanism to construct and install utilities and there was no expansion of Rolling Oaks' service territory without following applicable rules and regulations, he would recommend to Citrus County that it not oppose the District. Robert A. Knight, Director of Utility Regulation for Citrus County, testified that he was not testifying for or against the proposed District, but rather only about a legal matter regarding the ability of Rolling Oaks to serve the proposed District. In this regard, Mr. Knight did not object to approval of the proposed District in light of the stipulation by Petitioner's representative at the public hearing that Rolling Oaks would follow applicable rules and regulations with respect to expanding its service territory. Four members of the general public provided comment and asked questions concerning the consumption of water and the nature of the expected development within the proposed District. They are concerned that given the present supply of water in Citrus County, there may not be sufficient water from existing wells to serve the hundreds of new homes that will be built in the District.
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 Tuscany 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 25th 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 25th day of June, 2002. COPIES FURNISHED: Daren L. Shippy, Esquire Rose, Sundstrom & Bentley, LLP 2548 Blairstone Pines Drive Tallahassee, Florida 32301-5925 Clark A. Stillwell, Esquire Brannen, Stillwell & Perrin 320 Highway 41 South, Second Floor Inverness, Florida 34450-4956 Charles Canady, General Counsel 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 Florida Land and Water Adjudicatory Commission The Capitol, Suite 029 Tallahassee, Florida 32399-0001 APPENDIX A Petitioner's Witnesses at the Public Hearing Edwin M. Bulleit Prager, McCarthy and Sealy 4921 Bay Way Drive Tampa, Florida 33629-4803 Dale R. Miller Beverly Hills Development Corporation 3 Beverly Hills Boulevard Beverly Hills, Florida 34465-3421 Gail Easley The Gail Easley Company 34 Northeast Crystal Street Crystal River, Florida 34428-3532 Robert A. Knight Director of Utility Regulation Citrus County 3600 Sovereign Avenue Lecanto, Florida 34461-7727 Louis G. Badami Director of Utilities Citrus County 3600 Sovereign Avenue Lecanto, Florida 34461-7727 Public Witnesses at Hearing Louis G. Badami Director of Utilities Citrus County 3600 Sovereign Avenue Lecanto, Florida 34461-7727 Robert A. Knight Director of Utility Regulation Citrus County 3600 Sovereign Avenue Lecanto, Florida 34461-7727 John Chipurn 4311 North Mae West Way Beverly Hills, Florida 34465-8747 Rodney Cole (address not given) Gilbert Buechly 106 South Jefferson Beverly Hills, Florida 34465-3717 Don Jordon (address not given) APPENDIX B List of Petitioner's Exhibits Certificate of Active Status - Beverly Hills Development Corporation Affidavit of Proof of Publication of Notice of Hearing for local newspaper of general circulation Notice of Receipt of Petition published in Florida Administrative Weekly - March 22, 2002 Composite exhibit of all attachments to Petition Composite exhibit of two aerial photographs of Proposed District and surrounding area General area development plan/map of area to include Proposed District and surrounding areas Curriculum Vitae of witness Easley List of prior expert testimony of witness Easley Deeds of properties to be included in Proposed District Composite exhibit of all development orders for Beverly Hills Development of Regional Impact Generalized future land use map for Citrus County Land Development Code atlas 1981 Master Development Plan for Beverly Hills Development of Regional Impact Composite exhibit of map showing Citrus County water and wastewater facilities location and letter from witness Badami to counsel Shippy Other Exhibits Knight Exhibit No. 1 - Prepared testimony of Robert Knight Chipurn Exhibit No. 1 - Newspaper article (April 6, 2002) APPENDIX C Text of Proposed Rule CHAPTER 42 -1 TUSCANY COMMUNITY DEVELOPMENT DISTRICT 42 -1.001 Creation. 42 -1.002 Boundary. 42 -1.003 Supervisors. 42 -1.001 Creation. The Tuscany Community Development District is hereby established. Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.005 FS. History - New. 42 -1.002 Boundary. The boundaries of the District are as follows: Parcel No. 1, being more particularly described as follows: Commence at the most Northerly Corner of BEVERLY HILLS, UNIT 3A, according to the map or plat thereof recorded in Plat Book 5, page 1, public records of Citrus County, Florida, said point being on the Southeasterly right-of-way line of County Road No. 491 and being 50 feet from, measured at right angles to, the centerline of said County Road No. 491, thence S. 510 02' 53" E. along the Northeasterly line of said BEVERLY HILLS, UNIT 3A, a distance of 400 feet to the POINT OF BEGINNING, thence N. 380 56' 39" E. parallel to and 400 feet from, said Southeasterly right-of-way line, a distance of 4347.25 feet to the P.C. of a curve, concaved Northwesterly, having a central angle of 130 52' 45" and a radius of 6167.33 feet, thence Northeasterly along the arc of said curve, a distance of 1493.96 feet to the P.T. of said curve, thence N. 250 03' 54" E. parallel to and 400 feet from, said Southeasterly right-of- way line a distance of 1734.33 feet to a point on the boundary of lands described in Deed recorded in Official Record, Book 385, page 466, public records of Citrus County, Florida, thence S. 10 39' 30" E. along said boundary a distance of 836.98 feet to the SW Corner of said lands, thence N. 880 20' 30" E. along the South line of said lands, a distance of 1377.72 feet to the SE Corner of said lands, thence N. 10 39' 30" W. along the East line of said lands, a distance of 1200 feet to the NE Corner of said lands, thence S. 880 20' 30" W. along the North line of said lands, a distance of 1306.83 feet to the SE Corner of lands described in Deed recorded in Official Record, Book 538, page 632, of said records, thence N. 250 03' 54" E. along the East line of said lands, a distance of 190.26 feet to the NE Corner of said lands, said point being on the South line of lands described in Deed recorded in Official Record, Book 423, page 128, of said records, thence N. 880 20' 30" E. along said South line a distance of 346.97 feet to the SE Corner of said lands, thence N. 10 39' 30" W. along the East line of said lands a distance of 330.02 feet to the NE Corner of said lands, said point also being on the North line of Section 1, TOWNSHIP 18 SOUTH, RANGE 18 EAST, thence N. 880 20' 30" E. along said North line a distance of 1869.43 feet to the NE Corner of said Section 1, said point also being the NW Corner of Section 6, TOWNSHIP 18, SOUTH, RANGE 19 EAST, thence N. 890 28' 20" E. along the North line of said Section 6, a distance of 2636.38 feet to the NW Corner of the NE 1/4 of said Section 6, thence N. 890 53' 45" E. along the North line of said Section 6, a distance of 2645.54 feet to the NE Corner of said Section 6, thence S. 00 12' 24" E. along the East line of said Section 6, a distance of 1328.53 feet to the SE Corner of the N 2 of NE 1/4 of said Section 6, thence S. 890 53' 40" W. along the South line of said N 2 of NE 1/4, a distance of 2646.85 feet to the SW Corner of said N 2 of NE 1/4, thence S. 00 09' E. along the East line of the NW 1/4 of said Section 6, a distance of 1328.59 feet to the NE Corner of the SW 1/4 of said Section 6, thence S. 00 03' 50" E. along the East line of said SW 1/4 a distance of 2648.43 feet to the SE Corner of said SW 1/4, said point also being the NE Corner of the NW 1/4 of Section 7, TOWNSHIP 18 SOUTH, RANGE 19 EAST, thence S. 00 07' 56" E. along the East line of said NW 1/4 a distance of 2648.76 feet to the SE Corner of said NW 1/4, thence N. 890 42' 40" W. along the South line of said NW 1/4, a distance of 2641.84 feet to the SW Corner of said NW 1/4, said point also being the SE Corner of the NE 1/4 of Section 12, TOWNSHIP 18 SOUTH, RANGE 18 EAST, thence S. 890 23' 09" W. along the South line of said NE 1/4 a distance of 1315.58 feet to the NE Corner of the W 2 of SE 1/4 of said Section 12, thence S. 00 09' 37" W. along the East line of said W 2 of SE 1/4, a distance of 2636.62 feet to the SE Corner of said W 2 of SE 1/4, thence S. 890 28' 48" W. along the South line of said Section 12, a distance of 1302.33 feet, thence N. 20 06' 48" W. 170 feet, thence S. 890 28' 48" W. parallel to said South line, a distance of 690.91 feet to a point on a curve, concaved Westerly, having a central angle of 900 and a radius of 280 feet, thence Northwesterly along the arc of said curve a distance of 246.92 feet to the P.T. of said curve (chord bearing and distance between said points being N. 250 46' 44" W. 238.99 feet), thence N. 510 02' 31" W. 2102.26 feet, thence N. 590 40' 08" W. 200 feet to the most Easterly Corner of lands described in Deed recorded in Official Record, Book 196, page 218, of said records, thence N. 510 02' 31" W. along the Northeasterly line of said lands, a distance of 449.63 feet to the most Northerly corner of said lands, said point being on the Southeasterly line of BEVERLY HILLS, UNIT NO. 3, according to the map or plat thereof recorded in Plat Book 4, page 123, public records of Citrus County, Florida, thence N. 380 58' 52" E. along the Southeasterly line of said BEVERLY HILLS, UNIT NO. 3, and along the Southeasterly line of BEVERLY HILLS, UNIT 3A, according to the map or plat thereof recorded in Plat Book 5, page 1, public records of Citrus County, Florida, a distance of 399.96 feet to the most Easterly corner of said BEVERLY HILLS, UNIT 3A, thence N. 510 02' 53" W. along the Northeasterly line of said BEVERLY HILLS, UNIT 3A, a distance of 1649.50 feet to the Point of Beginning; AND, Begin at the most Northerly Corner of BEVERLY HILLS, UNIT 3A, according to the map or plat thereof recorded in Plat Book 5, page 1, public records of Citrus County, Florida, said point being on the Southeasterly right-of-way line of County Road No. 491, and being 50 feet from, measured at right angles to, the centerline of said County Road No. 491, thence N. 380 56' 39" E. along said Southeasterly right-of-way line a distance of 4347.20 feet to the P.C. of a curve, concaved Northwesterly, having a central angle of 130 52' 45" and a radius of 5767.33 feet, thence Northeasterly along the arc of said curve a distance of 1397.06 feet to the P.T. of said curve, thence N. 250 03' 54" E. along said right-of-way line a distance of 1639.31 feet to the most Westerly Corner of lands described in Deed recorded in Official Record, Book 385, page 466, public records of Citrus County, Florida, thence N. 880 20' 30" E. along the boundary of said lands a distance of 400 feet, thence S. 10 39' 30" E. along the boundary of said lands a distance of 95.00 feet to a point that is 400 feet from, measured at right angles to, the Southeasterly right-of-way line of said County Road No. 491, thence S. 250 03' 54" W., parallel to said right-of-way line, a distance of 1734.33 feet to the P.C. of a curve, concaved Northwesterly, having a central angle of 130 52' 45" and a radius of 6167.33 feet, thence Southwesterly along the arc of said curve a distance of 1493.96 feet to the P.T. of said curve, thence S. 380 56' 39" W., parallel to and 400 feet from, said right-of-way line, a distance of 4347.25 feet to a point on the Northeasterly line of said BEVERLY HILLS, UNIT 3A, thence N. 510 02' 53" W. along said Northeasterly line a distance of 400 feet to the Point of Beginning. LESS AND EXCEPT lands in Warranty Deed from Beverly Hills Development Corporation, to Rolling Oaks Utilities, Inc., dated June 6th, 1986, filed August 18, 1986, and recorded in Official Record, Book 710, page 849, public records of Citrus County, Florida, being more particularly described as follows: Commence at the most Easterly Corner of BEVERLY HILLS, UNIT 3- A, according to the map or plat thereof recorded in Plat Book 5, page 1, public records of Citrus County, Florida, thence N. 510 02' 53" W. along the Northeasterly line of said BEVERLY HILLS, UNIT 3-A, a distance of 289.49 feet, thence N. 380 56' 39" E. 593.12 feet to the POINT OF BEGINNING, thence N. 750 59' 21" W. 62.48 feet, thence North 155.26 feet, thence N. 130 10' 38" E. 155.26 feet, thence N. 110 58' 12" W. 405.23 feet, thence N. 240 E. 244.86 feet, thence N. 600 E. 268.59 feet, S. 660 E. 336.93 feet, thence N. 720 E. 126.01 feet, thence S. 780 42' 12" E. 313.71 feet, thence S. 330 E. 317.81 feet, thence S. 110 13' 17" E. 237.44 feet, thence S. 460 05' 58" W. 238.07 feet, thence S. 670 37' 34" W. 481.20 feet, thence S. 550 W. 268.27 feet, thence N. 750 59' 21" W. 351.69 feet to the Point of Beginning, AND, LESS AND EXCEPT NORTH FOREST RIDGE BOULEVARD, according to the map or plat thereof recorded in Plat Book 14, pages 29, 30 and 31, public records of Citrus County, Florida, AND, LESS AND EXCEPT OAKWOOD VILLAGE OF BEVERLY HILLS PHASE ONE, according to the map or plat thereof recorded in Plat Book 14, pages 10 to 14 inclusive, public records of Citrus County, Florida, AND, LESS AND EXCEPT OAKWOOD VILLAGE OF BEVERLY HILLS, PHASE 2, according to the map or plat thereof recorded in Plat Book 14, pages 15 to 18 inclusive, public records of Citrus County, Florida, AND, LESS AND EXCEPT the N 2 and NE 1/4 of Section 6, TOWNSHIP 18 SOUTH, RANGE 19 EAST, AND, LESS AND EXCEPT that portion of Section 1, TOWNSHIP 18 SOUTH, RANGE 18 EAST, that lies North of the North boundary and West of a Northerly projection of the Easterly boundary of lands described in Official Record, Book 385, pages 466 and 467, public records of Citrus County, Florida. AND, LESS AND EXCEPT the lands in the attached legal descriptions, labeled as follows: Golf Course Greenside Unit 10 Phase 1 Unit 10 Phase 2 Unit 11 Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.004, 190.005 FS. History - New. 42 -1.003 Supervisors. The following five persons are designated as initial members of the Board of Supervisors: Ronald J. Collins, Dale R. Miller, Taylor Collins, Paul Buchanan, and John O'Kelley. Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.006(1) FS. History - New.
