The Issue The sole issue to be addressed is whether the Petition to contract the Gateway Services 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 contract a community development district currently comprised of approximately 5,474 acres located within the boundaries of unincorporated Lee County, Florida and the incorporated City of Fort Myers, Florida. The name for the District, after contraction, will be the Gateway Services Community Development District. At the time the Petition was filed, the District consisted of approximately 5,324 acres. However, on July 29, 2002, a Rule Amendment adopted by the Commission, and filed with the Secretary of State became effective, expanding the District to approximately 5,474 acres. The Petitioner seeks to contract the District by approximately 973 acres. The District, after contraction, will encompass approximately 4,501 acres. All of the property proposed to be contracted out of the District is located within the City of Fort Myers, Florida. The sole purpose of this proceeding was to consider the contraction 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 9 was identified for the record as a copy of the Petition and its exhibits as filed with the Commission, dated January 2002; the Addendum to the Petition, dated March 25, 2002; and the Second Addendum to the Petition, dated July 16, 2002; and the Third Addendum to the Petition, dated July 25, 2002. Ward testified that he had reviewed the contents of the Petition and Exhibits as supplemented and amended by the addenda to the Petition. Ward testified that the Petition and exhibits as supplemented and amended by the addenda, are true and correct to the best of his knowledge. Tilton testified that he had reviewed Exhibits 1, 2, and 3 of the Petition. Exhibit 1 is the metes and bounds legal description and sketch of the existing District boundaries. Exhibit 2 is the legal description and sketch of the contraction parcels. Exhibit 3 is the amended legal description and sketch of the District, after contraction. Tilton testified that the legal description of the existing CDD boundaries was true and correct, and would be amended by a proposed Rule Amendment filed with the Secretary of State July 9, 2002, and effective July 29, 2002. Tilton testified that Exhibit 2 truly and accurately depicted the legal description of the property proposed for contraction from the District. A Third Addendum to the Petition, filed with the Department of Administrative Hearings on July 29, 2002, identified a scrivener's error in the proposed Rule Amendment filed on July 9, 2002, and included a legal description and sketch of the land within the District, after the contraction. This legal description and sketch amends and replaces Exhibit 3 of the Petition. This legal description was certified as true and accurate by CES Engineering. Garland testified that his office had prepared Exhibit 7 to the Petition, the Statement of Estimated Regulatory Costs (SERC). Garland also testified the SERC included with the Petition was true and correct to the best of his knowledge. Gnagey testified that at the time of the hearing, Worthington Holdings, Inc. was the owner of all of the lands to be contracted out of the District. Gnagey testified that a portion of the contraction property was under contract for sale. A consent and joinder to the Petition to Contract, executed by the contract purchaser was placed into the record as Exhibit 3. The Petition does not contain the written consent of the owners of all real property to be included in the new District after contraction; nor was there any documentation or other evidence demonstrating that either the District or those giving their written consent to the contraction have control by deed, trust agreement, contract, or option of one-hundred percent (100%) of the real property to be included in the new District, after contraction. See Conclusion of Law 65. Based upon the foregoing, the Petition and its exhibits, as amended and supplemented by the addenda to the Petition, are true and correct. Whether the contraction of the District is inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. Ward addressed whether the contraction of the District was inconsistent in any way with the State Comprehensive Plan, Chapter 187, Florida Statutes. Ward also reviewed the contraction of the District, in light of the local government comprehensive plans. Ward testified that the District would continue to assist the local government in providing infrastructure services required pursuant to its locally adopted comprehensive plan. Furthermore, since the State Comprehensive Plan requires local governments to provide infrastructure in accordance with locally adopted comprehensive plans, the District would continue to function and assist in meeting this objective of Chapter 187. Resolution No. 2002-11, adopted by the City Council of the City of Fort Myers, Florida, was introduced into evidence as Petitioner's Exhibit 5. Pursuant to this Resolution, the City Council made a determination that after the contraction, the District is not inconsistent with applicable elements or portions of the State Comprehensive Plan or the City of Fort Myers local comprehensive plan. The Florida Department of Community Affairs reviewed the Petition and provided a letter dated April 16, 2002, which was placed into Evidence as Petitioner's Exhibit 7. The letter states that the Petition A "is consistent with the goals, objectives and policies of Lee County's 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 Lee County Comprehensive Plan, or City of Fort Myers Comprehensive Plan. Whether the area of land within the district, after contraction, 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 Ward and Tilton. The lands that comprise the District, after contraction, will consist of approximately 4,501 acres, located within the borders of unincorporated Lee County, and the incorporated City of Fort Myers. From a management perspective, the District, after contraction, will continue to be sufficiently sized, compact and contiguous to be developed as a functional interrelated community. The property remaining within the District will continue to be amenable to receiving services through a community development district. From an engineering perspective, the District, after contraction, will still be larger than other community development districts. It is contiguous and relatively compact. The land remaining within the District can be well- served by water management facilities, water and sewer and irrigation, roads lighting, landscaping and parks provided by the District. From a development planning perspective, the owner of the property, which will be contracted out of the District, intends to market the contraction property for development as three separate, stand-alone communities. This property will be developed independently from the property remaining within the District. Its utility needs will be serviced by the City of Fort Myers. From development planning, 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 district, after contraction, is the best alternative available for delivering community development services and facilities to the area that will be served by the contracted district. The District currently provides certain infrastructure improvements and facilities to the property which will remain in the District. Currently, no services or facilities are provided by the District to the property to be contracted out of the District. Ward, Tilton, and Garland testified concerning whether the District, as contracted, is the best alternative available for delivering community development services and facilities to the area remaining in the District. Ward testified that since the 1980's, the District has provided and maintained infrastructure which services the existing residents of the District, and is also available to service future residents of the District. The District is responsible for financing, operating and maintaining this infrastructure. Based upon its historical track record, and its current activities, the District will continue to serve these purposes. Tilton testified that, from an engineering perspective, the District is an excellent alternative for providing community services and facilities to the property remaining in the District because it provides a higher level of service than would be afforded by Lee County or the City of Fort Myers. This higher level of service meets the desire of the residents within the District. Garland testified that, from an economic perspective, the District as contracted, will still consist of approximately 5,799 equivalent residential units. There will be no financial impact to the landowners remaining in the District because neither the capital assessments nor the operations and maintenance assessments will be affected by the contraction. Currently, the contraction parcel is not taking any of the load for capital assessments or operations and maintenance assessments. Garland also testified that the contraction property is geographically closer to infrastructure facilities available from the City of Fort Myers, than it is to District facilities. Therefore, the District is not the best alternative for providing this infrastructure to the contraction property. From economic, engineering, and special district management perspectives, the District, after contraction, is the best alternative available for delivering community development services and facilities to the area that will continue to be served by the District. Whether the community development services and facilities of the district, as contracted, will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The services and facilities which will continue 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 boundaries, as contracted, 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 remain within the District. Ward, Tilton, and Garland testified concerning whether the community development services and facilities of the district, as contracted, would be incompatible with the capacity and uses of existing local and regional community development services and facilities. Ward testified that the District provides services and facilities which compliment the general purpose local governments’ services and facilities. For example, the District has constructed drainage facilities. These services address the requirements for infrastructure of the local government. After contraction, the District will continue to provide these infrastructure services. Tilton testified that the services and facilities provided by the District work very well in concert with the adjacent facilities of the general purpose local government. The roadways, utilities, and water management facilities constructed by the District are integrated into the overall system of the adjacent areas. From a management perspective and an engineering perspective, the facilities and services to be provided by the District, after the contraction, will not be incompatible with the existing local and regional community development services and facilities. Whether the area that will be served by the district, after contraction, is amenable to separate special district government. As cited previously, from 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, after contraction, will continue to require basic infrastructure systems. A determination was made when the District was formed, that the District could best provide these services. This determination will not change as a result of the contraction. From 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 Contract the Gateway Services District meets all of the required elements 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 contract the District--the State of Florida and its citizens, the County and its citizens, the City and its citizens, the landowners within the District after contraction, and the Petitioner. Beyond administrative costs related to rule adoption, the State and its citizens, are not anticipated to incur any costs from contracting the District. Administrative costs incurred by Lee County and the City of Fort Myers related to this Petition are minimal and should be offset by the filing fees paid by the Petitioner. Landowners remaining within the District will continue to pay non-ad valorem or special assessments for certain facilities. The contraction of District will have no impact on the level of capital assessments or operations and maintenance assessments paid by residents remaining in the District. Benefits to landowners in the District will continue to be a higher level of public services and amenities than might otherwise be available, construction, operation and maintenance 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. 45. Sections 190.046(1)(g) and 190.005(1)(a), Florida Statutes, require 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 46. Sections 190.046(1)(g) and 190.005(1)(d), Florida Statutes, require the Petitioner to publish notice of the local public hearing in a newspaper of general circulation in Lee County for four consecutive weeks prior to the hearing. The notice was published in The News-Press, a newspaper of general circulation in Lee County for four consecutive weeks, on June 18, 2002, June 25, 2002, July 2, 2002, and July 9, 2002. The Affidavit of Publication was placed into evidence as Petitioner’s Exhibit 4. Lee County Support for Establishment Pursuant to the requirements of Sections 190.046(1)(g) and 190.005(1)(b), Florida Statutes, Petitioner filed a copy of the Petition with the City of Fort Myers and Lee County prior to filing the Petition with the Commission. As permitted by Sections 190.046 and 190.005(1)(c), Florida Statutes, the City Council of the City of Fort Myers held a public hearing on March 4, 2002, to consider the contraction of the Gateway Services District. At the conclusion of its public hearing on March 4, 2002, the City Council adopted Resolution 2002-11 expressing support for the Commission to promulgate a rule contracting the Gateway Services District. The City of Fort Myers City Council Resolution specifically found that all six (6) of the statutory factors for evaluating the contraction of community development districts found in Section 190.005(1)(e), Florida Statutes, had been met by the Petitioner in this matter. As permitted by Sections 190.046 and 190.005(1)(c), Florida Statutes, the Board of County Commissioners of Lee County held a public hearing on June 25, 2002, to consider the contraction of the Gateway Services District. At the conclusion of the public hearing on June 25, 2002, the Board of County Commissioners of Lee County adopted Resolution No.02-06-43, expressing support for the Commission to promulgate a rule contracting the Gateway Services District.
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, contract the Gateway Services District as requested by the Petitioner by formal adoption of the proposed Rule Amendment attached to this Report as Exhibit C. DONE AND ORDERED this 9th day of August, 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) 92106847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of August, 2002. COPIES FURNISHED TO: Erin McCormick Larrinaga. Esquire Fowler, White, Boggs, Banker, P.A. 501 East Kennedy Boulevard Suite 1700 Tampa, Florida 33602 Gregory Munson, Esquire Office of the Governor The Capitol, Room 209 Tallahassee, Florida 32399 Charles Canady, General Counsel Florida Land and Water Adjudicatory Commission Office of the Governor 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 Exhibit A Petitioner’s Witnesses at Public Hearing John Gnagey The Worthington Group 14291 Metro Parkway, Building 1300 Fort Myers, Florida 33912 James P. Ward Severn Trent Environmental Services, Inc. 210 N. University Drive, Suite 702 Coral Gables, Florida 33071 Andrew D. Tilton Johnson Engineering, Inc. 2158 Johnson Street Fort Myers, Florida 33901 Carey Garland Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, Florida 32817 Exhibit B List of Petitioner’s Exhibits Exhibit Description Exhibit 1: Memorandum from Greg Munson, Staff Attorney for the Florida Land and Water Adjudicatory Commission to Barbara Leighty, Clerk for the Florida Land and Water Adjudicatory Commission, dated March 12, 2002 Exhibit 2: Sketch depicting Gateway Services District Boundaries (Parcels marked “A” constitute the Contraction Parcels which Petition seeks to have contracted from the Gateway Services District) Exhibit 3: Consent and Joinder to Petition to Contract Gateway Services District, executed by Pulte Home Corporation on July 16, 2002 Exhibit 4: News-Press Affidavit of Publication, dated July 9, 2002 Exhibit 5: Certified Copy of Resolution No. 2002-11, approved by the City Council of the City of Fort Myers on March 4, 2002 Exhibit 6: Certified Copy of Resolution No. 02-06-43, approved by the Board of County Commissioners of Lee County, Florida on June 25, 2002 Exhibit 7: Letter from the Florida Department of Community Affairs to Ms. Donna Arduin, Secretary, Florida Land and Water Adjudicatory Commission, dated April 16, 2002 Exhibit 8: Notice of Receipt of Petition, published by the Florida Land and Water Adjudicatory Commission in the Florida Administrative Weekly on May 17, 2002 Composite Exhibit 9: Petition to Contract Gateway Services District, dated January, 2002 (includes City of Ft. Myers Comprehensive Plan and Lee County Comprehensive Plan); Addendum to the Petition to Contract Gateway Services District, dated March 25, 2002; Second Addendum to the Petition to Contract Gateway Services District, dated July 16, 2002; and Third Addendum to the Petition to Contract Gateway Services District, dated July 25, 2002. Exhibit C THE FULL TEXT OF THE PROPOSED RULE AMENDMENT IS: 42F-1.002 Boundary. The boundaries of the district are as follows: A tract or parcel of land lying Section 35, Township 44 South, Range 25 East and in Sections 1, 2, 3, 4, 10, 11 and 12, Township 45 South, Range 25 East; Section 31, Township 44 South, Range 26 East and in Sections 5, 6, 7, 8, 17, 18 and 19, Township 45 South, Range 26 East, Lee County, Florida, more particularly described as follows: Beginning at the southwest corner of said Section 35 run N 00__47' 42" W along the west line of the southwest quarter (SW-3) of said Section for 2643.18 feet to the quarter corner on the west line of said section; thence run N 00_ 43' 47" W along the west line of the northwest quarter (NW-3) of said Section for 1361.42 feet; thence run N 35__45' 29" E for 947.82 feet; thence run N 56__15' 44" E for 690.61 feet to the south line of the Colonial Boulevard right-of-way (State Road 884) (250 feet wide); thence run S 89__38' 27" E along said south line for 2763.96 feet to an intersection with the west line of the northeast quarter (NE-1/4) of the northeast quarter (NE-1/4) of said Section; thence run S 02__16' 01" E along said west line for 1,168.38 feet to the southwest corner of said fraction; thence run N 89_ 54' 24" E along the south line of said fraction for 1324.86 feet to the southeast corner of said fraction; thence run S 03__20' 25" E for 1284.37 feet to the quarter corner on the east line of said Section; thence run S 00__01' 59" E along said east line for 2635.65 feet to the northwest corner of said Section 1; thence run N 89__28' 42" E along the north line of the northwest quarter (NW-1/4) of said Section 1 for 2,642.98 feet to the quarter corner on said north line; thence run S 89__57' 06" E along the north line of the northeast quarter (NE-1/4) of said Section 1 for 2523.38 feet to the northeast corner of said Section; thence run N 00__57' 01" W along the west line of said Section 31 for 2644.12 feet to the quarter corner on said west line; thence run N 00__35' 02" W along said west line of said Section 31 for 1705.47 feet to an intersection with the southwesterly line of Immokalee Road (State Road 82) (200 feet wide); thence run S 46__07' 29" E along said southwesterly line for 6215.51 feet to an intersection with the south line of said Section 31; thence continue S 46__07' 29" E along said southwesterly line for 1227.27 feet to an intersection with a line common to said Sections 5 and 6; thence continue S 46__07' 29" E along said southwesterly line for 1535.36 feet to a point of curvature; thence run Southeasterly along said southwesterly line along the arc of a curve to the left of radius 5824.88 feet (delta 18_ 13' 21") (chord bearing S 55__14' 10" E) (chord 1844.76 feet) for 1852.55 feet to a point of tangency; thence continue along said southwesterly line S 64__20' 50" E for 22.21 feet to an intersection with the east line of the west half (W-1/2) of said Section 5; thence run S 00__06' 33" E along said east line for 2271.81 feet to the quarter corner common to said Sections 5 and 8; thence run S 01__02' 00" E along the east line of the west half (W-1/2) of said Section 8 for 3,028.35 feet; thence run N 89__33' 57" E for 605.03 feet; thence run S 01__02' 00" E for 1800.10 feet; thence run S 89__33' 57" W for 605.03 feet; thence run S 01__02' 00" E for 500.03 feet to the quarter corner common to said Sections 8 and 17; thence run S 01__00' 12" E along the east line of the northwest quarter (NW-1/4) of said Section 17 for 926.76 feet to an intersection with the northeasterly line of a Florida Power and Light Company substation site as described in deed recorded in Official Record Book 1606 at Page 1286 of the Lee County Records; thence run N 37__57' 04" W along said northeasterly line for 361.70 feet; thence run S 52__02' 56" W along the northwesterly line of said Site for 361.70 feet; thence run S 37__57' 04" E along the southwesterly line of said Site for 741.48 feet to an intersection with the northwesterly line of Daniels Road Extension (200 feet wide) as described in deed recorded at Official Record Book 1644 at Page 1739 of the Lee County Records; thence run N 68__38' 13" E along said northwesterly line for 64.84 feet to an intersection with said easterly line of said northwest quarter (NW-1/4) of said Section 17; thence run S 01__00' 12" E along said east line for 1238.52 feet to the southeast corner of said fraction; thence run S 89__30' 38" W along the south line of said fraction and the north line of the Southwest Florida Regional Airport for 2110.83 feet to an intersection with the southeasterly line of said Daniels Road Extension; thence run S 54__00' 05" W through said Sections 17, 18 and 19 along the southeasterly line of a road right-of-way (200 feet wide) for 7032.17 feet to an intersection with the west line of said Section 19; thence run N 00__55' 36" W along said west line for 1,477.45 feet to the northwest corner of said Section; thence run N 00_ 54' 13" W along the west line of the southwest quarter (SW-1/4) of said Section 18 for 2,643.95 feet to the quarter corner on said west line; thence run N 00_ 39' 39" W along the west line of the northwest quarter (NW- 1/4) of said Section 19 for 2,674.35 feet to the northwest corner of said Section; thence run N 00_ 57' 26" W along the west line of the southwest quarter (SW-1/4) of said Section 7 for 2,645.34 feet to the quarter corner common to said Sections 7 and 12; thence run S 89_ 55' 12" W along the south line of the northeast quarter (NE-1/4) of said Section 12 for 2,524.67 feet to the west line of the east 2,524.14 feet of said northeast quarter (NE-1/4); thence run N 01_ 05' 33" W along said west line for 2,646.07 feet to the south line of said Section 1; thence run S 89_ 56' 14" W along said south line for 2,663.19 feet to the southwest corner of said Section, passing through the quarter corner on the south line of said Section at 69.26 feet; thence run S 89__03' 50" W along the south line of said Section 2 for 2645.12 feet to the quarter corner on said south line; thence run S 00__08' 50" E line of the northwest quarter (NW-1/4) of said Section 11 for 2670.22 feet to the center of said Section; thence run S 88__33' 56" W along the south line of said northwest quarter (NW-1/4) for 2745.77 feet to the quarter corner on the west line of said Section 11; thence run S 89__29' 50" W along the south line of the northeast quarter (NE-1/4) of said Section 10 for 2546.16 feet to the center of said Section; thence run N 00__06' 58" W along the west line of said northeast quarter (NE-1/4) for 2668.79 feet to the quarter corner on the north line of said Section; thence run S 88__57' 32" W along the south line of said Section 3 for 2649.25 feet to the southwest corner of said Section; thence run S 88_ 54' 32" W along the south line of said Section 4 for 2059.99 feet to an intersection with the southeasterly line of the Six Mile Cypress Acquisition Area; thence run Northeasterly along said southeasterly line the following courses and distances: N 31__38' 21" E for 261.19 feet; N 01__23' 47" W for 277.78; N 37__53' 18" E for 246.16 feet; N 18_ 15' 00" E for 91.84 feet; N 56__35' 37" E for 169.92 feet; N 85__38' 45" E for 379.20 feet; N 70__16' 34" E for 105.12 feet; N 06__16' 12" E for 108.95 feet; N 89__11' 29" E for 322.80 feet; N 71_ 11' 39" E for 95.05 feet; N 55__29' 43" E for 156.24 feet; S 86__54' 42" E for 285.36 feet; N 55_ 11' 00" E for 58.82 feet; N 73__00' 08" E for 140.00 feet; N 54__05' 49" E for 115.77 feet; N 10_ 34' 05" E for 104.79 feet; N 24__05' 57" E for 100.09 feet; N 67__22' 01" E for 230.59 feet; S 85__03' 28" E for 211.24 feet; N 05__10' 02" E for 54.09 feet; N 27__24' 58" E for 106.63 feet; N 10__08' 05" E for 139.90 feet; N 44__41' 11" E for 147.83 feet; N 62__35' 02" W for 105.53 feet; N 23__59' 48" E for 476.74 feet; N 15__42' 08" E for 368.41 feet; N 20__55' 23" E for 222.23 feet; N 45__09' 19" E for 183.23 feet; N 31__07' 36" E for 305.01 feet; N 32__55' 08" E for 155.78 feet; N 17__03' 28" E for 110.45 feet; N 26__26' 47" E for 300.81 feet; N 18__42' 17" E for 150.86 feet; N 04__51' 19" W for 340.19 feet; N 12__09' 34" E for 251.79 feet; N 27__12' 34" E for 210.15 feet; N 14__53' 31" E for 323.53 feet and N 35__18' 42" E for 275.49 feet to an intersection with the north line of said Section 3; thence run N 88__37' 17" E along said north line for 530.84 feet to an intersection with the westerly line of State Road No. 93 (Interstate 75) (324 feet wide); thence run S 14_ 49' 52" E along said westerly line for 677.99 feet to an intersection with the east line of the northwest quarter (NW-1/4) of said Section 3; thence run S 00__49' 04" E along said east line for 1299.77 feet to the northwest corner of the west half (W-1/2) of the southwest quarter (SW-1/4) of the northeast quarter (NE-1/4) of said section; thence run N 88__12' 52" E along the north line of said fraction for 323.06 feet to an intersection with said westerly line of State Road No. 93; thence run S 14__49' 52" E along said westerly line for 2.67 feet to an intersection with the east line of said fraction ; thence run S 00__37' 05" E along said east line for 650.21 feet to the southeast corner of said fraction; thence run N 88__09' 46" E along the north line of the southeast quarter (SE-1/4) of said Section 3 for 2250.18 feet to the quarter corner common to said Sections 2 and 3; thence run N 00__47' 03" E along the west line of the northwest quarter (NW-1/4) of said Section 2 for 2605.26 feet to the Point of Beginning. Less and except all that part of the right-of-way for State Road No. 93 (Interstate 75) lying within the southeast quarter (SE-1/4) of Section 3 and within the northeast quarter (NE- 1/4) of Section 10, Township 45 South, Range 25 East, Lee County, Florida, as more particularly described in the petition for this rule. Containing 5,474 5324 acres, more or less. PARCEL "A" A TRACT OR PARCEL OF LAND LYING IN SECTION 35 TOWNSHIP 44 SOUTH, RANGE 25 EAST, SECTIONS 1, 2, 11 AND 12, TOWNSHIP 45 SOUTH, RANGE 25 EAST; SECTION 31, TOWNSHIP 44 SOUTH, RANGE 26 EAST AND IN SECTIONS 5, 6, 7, 8, 17, 18 AND 19, TOWNSHIP 45 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 RUN N 00?47'42" W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW 3) OF SAID SECTION FOR 2643.18 FEET TO THE QUARTER CORNER ON THE WEST LINE OF SAID SECTION; THENCE RUN N 00?43'47" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION FOR 1361.42 FEET; THENCE RUN N 35?45'29" E FOR 947.82 FEET; THENCE RUN N 56?15'44" E FOR 690.61 FEET TO THE SOUTH LINE OF THE COLONIAL BOULEVARD RIGHT-OF-WAY (STATE ROAD 884) (250 FEET WIDE); THENCE RUN S 89?38'27" E ALONG SAID SOUTH LINE FOR 539.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89?38'27" E ALONG SAID SOUTH LINE FOR 2224.05 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION; THENCE RUN S 02?16'01" E ALONG SAID WEST LINE FOR 1168.38 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN N 89?54'24" E ALONG THE SOUTH LINE OF SAID SECTION FOR 1324.86 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN S 03?20'25" E FOR 1284.37 FEET TO THE QUARTER CORNER ON THE EAST LINE OF SAID SECTION; THENCE RUN S 00?01'59" E ALONG SAID EAST LINE FOR 2635.65 FEET TO THE NORTHWEST CORNER OF SAID SECTION 1; THENCE RUN N 89?28'42" E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 1 FOR 2642.98 FEET TO THE QUARTER CORNER ON SAID NORTH LINE; THENCE RUN S 89?57'06" E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 3) OF SAID SECTION 1 FOR 2523.38 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N 00?57'01" W ALONG THE WEST LINE OF SAID SECTION 31 FOR 2644.12 FEET TO THE QUARTER CORNER ON SAID WEST LINE; THENCE RUN N 00?35'02" W ALONG SAID WEST LINE OF SAID SECTION 31 FOR 1705.47 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF IMMOKALEE ROAD (STATE ROAD 82) (200 FEET WIDE); THENCE RUN S 46?07'29" E ALONG SAID SOUTHWESTERLY LINE FOR 6215.51 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 31; THENCE CONTINUE S 46?07'29" E ALONG SAID SOUTHWESTERLY LINE FOR 1227.27 FEET TO AN INTERSECTION WITH A LINE COMMON TO SAID SECTIONS 5 AND 6; THENCE CONTINUE S 46?07'29" E ALONG SAID SOUTHWESTERLY LINE FOR 1535.36 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT OF RADIUS 5824.88 FEET (DELTA 18?13'21") (CHORD BEARING S 55?14'10" E) (CHORD 1844.76 FEET) FOR 1852.55 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE S 64?20'50" E FOR 22.21 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE WEST HALF (W 2) OF SAID SECTION 5; THENCE RUN S 00?06'33" E ALONG SAID EAST LINE FOR 2271.81 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 5 AND 8; THENCE RUN S 01?02'00" E ALONG THE EAST LINE OF THE WEST HALF (W 2) OF SAID SECTION 8 FOR 3028.35 FEET; THENCE RUN N 89?33'57" E FOR 605.03 FEET; THENCE RUN S 01?02'02" E FOR 1800.10 FEET; THENCE S 89?33'57" W FOR 605.03 FEET; THENCE RUN S 01?02'00" E FOR 500.03 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 8 AND 17; THENCE RUN S 01?00'12" E ALONG THE EAST LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 17 FOR 926.76 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF A FLORIDA POWER & LIGHT COMPANY SUBSTATION SITE AS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK 1606 AT PAGE 1286, LEE COUNTY RECORDS; THENCE RUN N 37?57'04" W ALONG SAID NORTHEASTERLY LINE FOR 361.70 FEET; THENCE RUN S 52?02'56" W ALONG THE NORTHWESTERLY LINE OF SAID SITE FOR 361.70 FEET; THENCE RUN S 37?57'04" E ALONG THE SOUTHWESTERLY LINE OF SAID SITE FOR 741.48 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF DANIELS ROAD EXTENSION (200 FEET WIDE) AS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK 1644 AT PAGE 1739, LEE COUNTY RECORDS; THENCE RUN N 68?38'13" E ALONG SAID NORTHWESTERLY LINE FOR 64.84 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE OF SAID NORTHWEST QUARTER (NW 3) OF SAID SECTION 17; THENCE RUN S 01?00'12" E ALONG SAID EAST LINE FOR 1238.52 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN S 89?30'38" W ALONG THE SOUTH LINE OF SAID FRACTION AND A NORTH LINE OF THE SOUTHWEST FLORIDA REGIONAL AIRPORT FOR 2110.83 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID DANIELS ROAD EXTENSION; THENCE RUN S 54?00'05" W THROUGH SAID SECTIONS 17, 18, AND 19 ALONG THE SOUTHEASTERLY LINE OF A ROAD RIGHT-OF-WAY (200 FEET WIDE) FOR 7032.17 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 19; THENCE RUN N 00?55'36" W ALONG SAID WEST LINE FOR 1477.45 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE RUN N 00?54'13" W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW 3) OF SAID SECTION 18 FOR 2643.95 FEET TO THE QUARTER CORNER OF SAID WEST LINE; THENCE RUN N 00?39'39" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 18 FOR 2647.35 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE RUN N 00?57'26" W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW 3) OF SAID SECTION 7 FOR 2645.34 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 7 AND 12; THENCE RUN S 89?55'12" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 3) OF SAID SECTION 12 FOR 2524.67 FEET TO THE WEST LINE OF THE EAST 2524.14 FEET OF SAID NORTHEAST QUARTER (NE 3); THENCE RUN N 01?05'33" W ALONG SAID WEST LINE FOR 2646.07 FEET TO THE SOUTH LINE OF SAID SECTION 1; THENCE RUN S 89?56'14" W ALONG SAID SOUTH LINE FOR 2663.19 FEET TO THE SOUTHWEST CORNER OF SAID SECTION, PASSING THROUGH THE QUARTER CORNER ON THE SOUTH LINE OF SAID SECTION AT 69.26 FEET; THENCE RUN S 89?03'50" W ALONG THE SOUTH LINE OF SAID SECTION 2 FOR 3096.18 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF PROPOSED TREELINE BOULEVARD; THENCE ALONG SAID EAST RIGHT- OF-WAY LINE THE FOLLOWING BEARING AND DISTANCES: THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2625.00 FEET (DELTA 29?13'02") (CHORD BEARING S 15?09'16" W) (CHORD 1324.12 FEET) FOR 1338.58 FEET TO A POINT OF TANGENCY; THENCE RUN S 29?45'46" W FOR 618.63 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1487.50 FEET (DELTA 28?50'26") (CHORD BEARING S 15?20'33" W) (CHORD 740.87 FEET) FOR 748.75 FEET TO A POINT OF TANGENCY; THENCE RUN S 00?55'22" W FOR 166.10 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 11; THENCE RUN S 88?33'56" W ALONG SAID LINE FOR 125.11 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF PROPOSED TREELINE BOULEVARD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING BEARING AND DISTANCES: THENCE RUN N 00?55'22" E FOR 171.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1612.50 FEET (DELTA 28?50'26") (CHORD BEARING N 15?20'33" E) (CHORD 803.13 FEET) FOR 811.67 FEET TO A POINT OF TANGENCY; THENCE N 29145"46' E FOR 618.63 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2500.00 FEET (DELTA 33?36'51") (CHORD BEARING N 12?57'22" W) (CHORD 1445.75 FEET) FOR 1466.69 FEET TO A POINT OF TANGENCY; THENCE N 03?51'03" W FOR 959.31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2800.06 FEET (DELTA 10?24'15") (CHORD BEARING N 01?21'04" E) (CHORD 507.76 FEET) FOR 508.45 FEET TO A POINT OF TANGENCY; THENCE N 06?33'12" E FOR 1166.54 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET (DELTA 43?02'49") (CHORD BEARING N 14?58'12" W) (CHORD 733.76 FEET) FOR 751.31 FEET TO A POINT OF TANGENCY; THENCE N 36?29'36" W FOR 266.36 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2000.00 FEET (DELTA 37?40'00") (CHORD BEARING N 17?39'36" W) (CHORD 1291.27 FEET) FOR 1314.81 FEET TO A POINT OF TANGENCY; THENCE N 01?10'24" E FOR 245.33 FEET; THENCE S 89?25'36" W LEAVING SAID WEST LINE FOR 114.67 FEET TO A POINT ON THE EAST LINE OF TREELINE BOULEVARD (TO BE RE-ALIGNED) AS DESCRIBED IN OFFICIAL RECORD BOOK 1529 BEGINNING AT PAGE 412 OF THE PUBLIC RECORDS OF LEE COUNTY; THENCE N 00?02'17" W FOR 68.31 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SECTION 34, TOWNSHIP 44 SOUTH, RANGE 25 EAST; THENCE N 01?00'06" W ALONG SAID EAST LINE OF TREELINE BOULEVARD (TO BE RE-ALIGNED) FOR 2642.68 FEET; THENCE N 00?58'02" W ALONG SAID EAST LINE OF TREELINE BOULEVARD (TO BE RE-ALIGNED) FOR 1048.01 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S 47?49' 01" E; SAID POINT ALSO BEING ON THE EAST LINE OF A ROAD RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 2581 BEGINNING AT PAGE 4060 OF THE LEE COUNTY RECORDS; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET (DELTA 41?49'26") (CHORD BEARING N 21?16'16" E) (CHORD 749.56 FEET) FOR 766.46 FEET TO A POINT OF TANGENCY; THENCE N 00?21'33" E ALONG SAID EAST LINE FOR 721.50 FEET; THENCE N 45?21'33" E FOR 42.68 FEET TO THE POINT OF BEGINNING. CONTAINING 4,390 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS- OF-WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN) BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 10, TOWNSHIP 45 SOUTH, RANGE 25 EAST AS BEARING S88?57'32"W. TOGETHER WITH: DESCRIPTION SECTION 3, TOWNSHIP 45 SOUTH, RANGE 25 EAST LEE COUNTY, FLORIDA PARCEL "B" A TRACT OR PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 45 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA WHICH TRACT OR PARCEL IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3 RUN N 88?37'17" E ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER (NW 3) OF SAID SECTION 3 FOR 2477.68 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 (I-75) (STATE ROAD NO. 93) (324 FEET WIDE) AND THE POINT OF BEGINNING; THENCE RUN S 14?49'52" E ALONG SAID WESTERLY RIGHT- OF-WAY LINE FOR 677.94 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHWEST ONE-QUARTER (NW 3) OF SAID SECTION 3; THENCE RUN S 00?49'05" E ALONG SAID EAST LINE FOR 1299.77 FEET TO THE NORTHWEST CORNER OF THE WEST HALF (W 2) OF THE SOUTHWEST QUARTER (SW 3) OF THE NORTHEAST QUARTER (NE 3) OF SAID SECTION; THENCE RUN N 88?12'52" E ALONG THE NORTH LINE OF SAID FRACTION FOR 323.06 FEET TO AN INTERSECTION WITH SAID WESTERLY LINE OF STATE ROAD NO. 93; THENCE RUN S 14?49'52" E ALONG SAID WESTERLY LINE FOR 2.67 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FRACTION; THENCE RUN S 00?37'05" E ALONG SAID EAST LINE FOR 650.21 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN N 88?09'46" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 3) OF SAID SECTION 3 FOR 163.88 FEET TO AN INTERSECTION WITH SAID WESTERLY RIGHT-OF-WAY LINE; THENCE RUN S 14?49'52" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 1474.99 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 22800.31 FEET (CHORD BEARING S 13?33'28" E) (CHORD 1013.23 FEET) (DELTA 02?32'47") FOR 1013.31 FEET TO A POINT ON A NON-TANGENT LINE; THENCE RUN N 82?23'52" W FOR 122.32 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE RUN NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 22685.31 FEET (CHORD BEARING N 13?36'38" W) (CHORD 966.55 FEET) (DELTA 02?26'29") FOR 966.63 FEET TO A POINT OF TANGENCY; THENCE RUN N 14?49'52" W FOR 542. 01 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 250.00 FEET (CHORD BEARING N 54?04'24" W) (CHORD 316.30 FEET) (DELTA 78?29'05") FOR 342.45 FEET TO A POINT OF TANGENCY; THENCE RUN S 86?41'03" W FOR 1133.06 FEET; THENCE RUN N 02?10'37" W FOR 387.06 FEET; THENCE RUN N 87?40'37" W FOR 838.00 FEET; THENCE RUN N 01?19'23" E FOR 243.00 FEET; THENCE RUN S 88?09'46" W FOR 190.18 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SIX MILE CYPRESS PRESERVE, AS RECORDED IN OFFICIAL RECORD BOOK 1741 AT PAGE 1241 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING FIFTEEN (13) COURSES ALONG SAID SOUTHEASTERLY LINE; N 15?42'08" E FOR 184.34 FEET; N 20?55'23" E FOR 222.23 FEET; N 45?09'19" E FOR 183.23 FEET; N 31?07'36" E FOR 305.01 FEET; N 32?55'08" E FOR 155.78 FEET; N 17?03'28" E FOR 110.45 FEET; N 26?26'47" E FOR 300.81 FEET; N 18?42'17" E FOR 150.86 FEET; N 04?51'19" W FOR 340.19 FEET; N 12?09'34" E FOR 251.79 FEET; N 27?12'34" E FOR 210.15 FEET; N 14?53'31" E FOR 323.53 FEET; N 35?18'42" E FOR 275.49 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER (NW 3) OF SAID SECTION 3; THENCE RUN N 88?37'17" E ALONG SAID NORTH LINE FOR 530.87 FEET TO THE POINT OF BEGINNING. CONTAINING 111.14 ACRES, MORE OR LESS. TOTAL AREA FOR BOTH PARCELS 4,501.14 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 3 TO BEAR N 88?37'17" W WHICH BEARING IS DERIVED FROM PLANE COORDINATE FOR THE FLORIDA WEST ZONE (1979 ADJUSTMENT). Specific Authority 120.53(1), 190.005, FS. Law Implemented 190.004, 190.005, FS. History - new 5-22-86, Amended .
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) in this proceeding is whether to grant the Petition to Establish the Tesoro Community Development District (Petition), dated December 22, 2003, as supplemented and corrected. The local public hearing was for purposes of gathering information in anticipation of quasi-legislative rulemaking by FLWAC.2
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) in this proceeding is whether to grant the Petition to Establish the Pioneer Community Development District (Petition). The local public hearing was for purposes of gathering information in anticipation of quasi-legislative rulemaking by FLWAC.2
The Issue The issue is whether the application of Thomas J. White Development Company for the establishment of a uniform community development district under Chapter 190, Florida Statutes, and Rule Chapter 42-1, Florida Administrative Code, should be granted.
Findings Of Fact The facilities and services that will be provided by the St. Lucie West Services District are the financing, constriction, ownership, operation, and maintenance of the surface water management and control system for the area, and necessary bridges and culverts. The land encompassed by the proposed development district is a development of regional impact. The final revised development order for the area was issued on February 27, 1989, by the City of Port St. Lucie. Exhibit 4. The land within the proposed district is composed of approximately 4,600 contiguous acres located in the city. The proposed district is bounded on the north and south by the city. The western and eastern boundaries are Interstate 95 and the Florida Turnpike, respectively. A map showing the location of the area to be serviced by the proposed district is found in Exhibit 2; a metes and bounds legal description of the proposed district is attached to the petition as Exhibit 1. The overall development to be serviced by the district will include a variety of single family and multifamily housing units, as well as commercial, industrial, and educational uses. A portion of the future land use map for the City of Port St. Lucie was received in evidence as Exhibit 3, and shows approved land uses for the St. Lucie West area. In the proceedings leading to the issuance of the development order, the city determined that the St. Lucie West development would be consistent with all applicable state, regional, and local comprehensive plans and policies. The proposed development of the district is consistent with the City of Port St. Lucie Comprehensive Plan: 1985, as amended. Exhibit 12. Ernest R. Dike, Jr. is the director of development of Thomas J. White Development Company. He is an expert engineer experienced in the planning, construction and management of large scale communities. Mr. Dike has substantial experience as a civil engineer, and holds an advanced academic degree in planning. He served as director of public works and as city engineer for the City of Port St. Lucie for the three years preceding his employment by White. As White's director of development over the last three and a half years, Mr. Dike assisted in the preparation of the petition; he also identified and explained the exhibits which were admitted into evidence. He assisted in crafting the development order for St. Lucie West which was adopted by the City of Port St. Lucie in February, 1987 and amended on February 27, 1989. Dike has been personally involved with the sales of land from White to other developers of property within the proposed district. All the owners of the real property to be included in the district have given their written consent to the establishment of the proposed district. Since the Thomas J. White Development Company purchased the approximately 4,600 acres which became St. Lucie West, Dike has directed the permitting and approval for all aspects of the project. In the design, White Development Company has accommodated the desires of St. Lucie County to obtain a spring training facility for a professional baseball team. White Development Company agreed to give the county 100 acres of land to build a training facility for the New York Mets. A predevelopment order for the stadium was obtained, which permitted the development of certain roads, a bridge over the Florida Turnpike, and an interchange with Interstate 95 which will all provide access to St. Lucie West These transportation facilities were completed without the use of any state or federal funds. None of these expenses will be born by the proposed district. The establishment of the district would not be inconsistent with any of the elements or provisions of the state comprehensive plan, the regional plan, or the local comprehensive plan. Creation of the district would be the best alternative available for providing water management and control facilities for the land encompassed by the proposed district. The South Florida Water Management District (SFWMD) and the City of Port St. Lucie have concluded that when fully developed, the land would discharge no additional water into the city's stormwater system as compared to the contribution of stormwater by the land made before it was developed by White. Mr. Dike also testified about the debt service required to amortize the debt on any benefit bonds issued by the proposed district, and the cost of operation and maintenance of the surface water control facilities to be constructed by the proposed district. Mr. Dike prepared a spread sheet entitled "Projected Statement of Cash Flow for the Years 1990-2000". (Exhibit 18). The estimated construction costs for water management facilities in the projection are reasonable. Based on White's plans for the district, and utilizing the assumptions for absorption of the residential and commercial space to be constructed, the benefit and maintenance taxes are projected to begin at $114 per taxable unit per year. These benefit and maintenance taxes will rise to no more than $170 per taxable unit per year in 1996. These projections are consistent with the testimony of Mr. Dike and of Dr. Henry Fishkind, an economist. All assumptions made in projecting future benefit taxes are reasonable. While these projections do not bind the district, which is not yet formed, and the district's electors could ultimately decide to assume additional responsibilities, the evidence shows that the benefit and maintenance taxes projected are adequate to pay the debt to be incurred by the proposed construction of surface water management facilities. Lester L. Solin, Jr., testified as an expert in land use planning. He was a planning consultant with the City of Port St. Lucie when the development of St. Lucie West by White Development Company was first under consideration, and worked with the city to formulate the overall development plan. St. Lucie West has been integrated into the future land use map for the City of Port St. Lucie Comprehensive Plan: 1985. Mr. Solin is also familiar with the state comprehensive plan. He has reviewed the application for development approval for the St. Lucie West development of regional impact. The proposed district would be consistent with the state comprehensive plan, Chapter 187 Florida Statutes. Mr. Solin is also familiar with the City of Port St. Lucie Comprehensive Plan: 1985 (Exhibit 12). The creation of the St. Lucie West Services District would not be inconsistent with any of the goals, objectives or policies in that plan. Peter L. Pimentel is the current executive director of the Northern Palm Beach County Water Control District (NPBWD). Mr. Pimentel testified as an expert in special district management, planning, staffing, reporting, and coordination with local governments. As the director of the Northern Palm Beach County Water Control District, he oversees a staff which works with other regulatory agencies on permitting, implementation, planning, construction and operation of water management systems. He coordinates construction with contractors, and engineers, and works with lawyers in carrying out the policies established by the district board of directors. The land encompassed by the NPBWD is approximately 200,000 acres. Mr. Pimentel has substantial experience, having worked as the executive director for two large independent special taxing districts, which are similar in structure and have similar powers as the community development district which White Development Company wishes to establish. Mr. Pimentel's testimony was especially persuasive due to his experience with water control entities. The proposed district is the best alternative available for financing, constructing, owning, operating and maintaining the surface water management and control facility for the area encompassed by the proposed district. It provides a more efficient use of resources, and provides the opportunity for new growth in the district to pay for its own surface water management, rather than imposing that cost on general government. The proposed district would not be incompatible with the capacity or uses of existing local and regional community services and facilities. The area to be served by the proposed district is amenable to separate special- district government. Henry H. Fishkind, Ph.D. testified as an expert economist about the economic consequences of establishing a community development district under Chapter 190, Florida Statutes, the economic consequences of financing the surface water management and control system through the use of tax exempt bonds, and the cost of operating and maintaining those structures by a community development district. Dr. Fishkind prepared the economic impact statement for the proposed district required by Section 120.54, Florida Statutes. The costs to the Florida Land and Water Adjudicatory Commission, and to state and local agencies in reviewing the petition are minimal. The costs to the City of Port St. Lucie and to St. Lucie County have been covered by the $15,000 filing fee which White paid to each of those governments. The cost to the City of Port St. Lucie once the district is operating would be negligible. The potential debt of the proposed district will not become general obligations or debts of the city or county governments. The cost of the surface water improvements will be paid by those who benefit from them. The economic impact statement is adequate, and meets the requirements of Section 124.54(2)(b), Florida Statutes. During the first six years, the proposed district would be controlled by Thomas J. White Development Company since White still would be the largest landowner. Tax exempt benefit bonds would be issued to construct the surface water management facilities. Both White and residents of the proposed district would share the burden of amortizing these bonds through benefit taxes. According to Dr. Fishkind, whose opinion is credited, from an economic perspective: The creation of the St. Lucie West District is not inconsistent with the state and local comprehensive plan; The land to be served by the proposed district is of sufficient size, is sufficiently compact and is sufficiently contiguous to be developed as a functional interrelated community; The proposed district is the best alternative for providing surface water management for the community, since other alternatives such as municiple service taking units or homeowners' associations are more expensive or more cumbersome; The area to be served by the proposed district is amenable to separate special-district government. All factors which are required to be considered in establishing a community development district under Section 190.005(1)(e), Florida Statutes, were analyzed by the witnesses presented by the Thomas White Development Company. Their testimony was persuasive, and the application meets all requirements of Chapter 190.
Conclusions Based on the record made, it is concluded: That all statements contained in the petition are true and correct; The creation of the proposed district is not inconsistent with any applicable element of the state comprehensive plan, or the City of Port St. Lucie Comprehensive Plan; The area in the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community; The district is the best alternative for delivering water management services to the area to be serviced by the district, and would be superior to the creation of a municipal service taxing unit, a homeowner's association, or to providing water management by the general county government of St. Lucie County; The community development services provided by the proposed district will not be incompatible with the capacity or uses of existing local and regional community development services and facilities; The area to be served by the proposed district is amenable to separate special district government. Accordingly it is recommended that the Florida Land and Water Adjudicatory Commission grant the petition of the Thomas J. White Development Company and adopt a rule pursuant to Section 190.005(f), Florida Statutes (1987), establishing the St. Lucie West Services District. DONE AND ENTERED this 5th day of September, 1989, in Tallahassee, Leon County, Florida. William R. Dorsey, 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 5th day of September, 1989 APPENDIX A Case No. 89-0072 Witnesses Earnest R. Dike, Jr., 590 NW Peacock Loop, Port St. Lucie, Florida. Lester L. Solin, Solin and Associates, 901 Douglas Avenue, Suite 207, Altamonte Springs, Florida. Peter Pimentel, 5725 Corporate Way, Suite 203, West Palm Beach Florida. Dr. Henry H. Fishkind, 201 North New York Avenue, Suite 300 Winter Park, Florida. APPENDIX B Case No. 89-0072 List of Documentary Evidence Exhibit 1. Petition for Rulemaking filed by Thomas J. White Development Company, Inc., including seven exhibits. Exhibit 2. Location Map for the proposed St. Lucie West Services District. Exhibit 3. Future Land Use Map for the area Exhibit 4. Resolution 89-R7 of the city council of Port St. Lucie, Florida, which is the development order for the St. Lucie West Development of Regional Impact. Exhibit 5. Transmittal letter for the Petition for the establishment of the Services District to the City of Port St. Lucie and filing fee, and transmittal letter for the St. Lucie West Development District to the St. Lucie County Board of County Commissioners, and filing fee. Exhibit 6. Transmittal letter for the Petition for the establishment of St. Lucie West Services District to the Florida Land and Water Adjudicatory Commission. Exhibit 7. Letter from the staff of the Florida Land and Water Adjudicatory Commission determining that the Petition appears to satisfy the requirements of Section 190.005, Florida Statutes, and Rule 42-1.009 Florida Administrative Code. Exhibit 8. Resolution 89-R6 from the City of Port St. Lucie, Florida supporting the petition of the Thomas J. White Development Company, Inc. for the establishment of the St. Lucie West Services District. Exhibit 9. Resolution 89-41 of the Board of County Commissioners of St. Lucie County supporting the petition of Thomas J. White Development Company, Inc. for the establishment of the St. Lucie West Services District. Exhibit 10. Proof of publication in the local newspapers and in the Florida Administrative Weekly of the Notice of the Hearing on the petition for the establishment of the community development district and notices to other interested persons. Exhibit 11. Copy of the State Comprehensive Plan Chapter 187, Florida Statutes (1987) Exhibit 12. Copy of the Comprehensive Plan: 1985 of the City of Port St. Lucie, Ordinance 85-102. Exhibit 13. Resume of Ernest R. Dike, Jr., P.E. APPENDIX B CONT. Case No. 89-0072 Exhibit 14. Permit granted to Thomas J. White Development Company, Inc. by the South Florida Water Management District for the construction and operation of a water management system. Exhibit 15. The prepared testimony Lester L. Solin, Jr. Exhibit 16. The resume of Peter L. Pimentel. Exhibit 17. The prepared testimony of Henry H. Fishkind, Ph.D. Exhibit 18. The additional prepared testimony of Mr. Dike including the computer generated spread sheet. COPIES FURNISHED: E. Lee Worsham, Esquire HONIGAMAN MILLER SCHWARTZ and COHN 1655 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, Florida 33401 James C. Vaughn Florida Land and Water Adjudicatory Commission Office of the Governor The Capitol Tallahassee, Florida 32399-0001 William Buezett The Governor, Legal and Legislative Office The Capitol, Room 209 Tallahassee, Florida 32399-0001 Carla Stanford, Esquire Department of Community Affairs 2740 Centerville Drive Tallahassee, Florida 32399-2100 David McIntyre, Esquire County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 Roger Orr, Esquire City Attorney 220 South Second Street Fort Pierce, Florida 33450 Patty Woodworth, Director Land and Water Adjudicatory Commission Planning & Budgeting Executive Office of the Governor The Capitol, PL-05 Tallahassee, Florida 32399-0001
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 sole issue is whether the Petition to establish the District meets the applicable factors set forth in Section 190.005, Florida Statutes.
The Issue The issue is whether the Florida Land and Water Adjudicatory Commission should promulgate a rule establishing the Poinciana Community Development District.
Findings Of Fact Petitioner is an existing special tax district, created on August 18, 1975, by Broward County Ordinance 75-22. (See Exhibit "A"). A legal description of the property which comprises the ITSMTD, and which would comprise the community development district, is contained within Section 1(a) of Ordinance 75-22 (Exhibit "A"). On December 22, 1980, the Board of Supervisors of the ITSMTD adopted a resolution (Exhibit "B") authorizing and directing the proper district officials to file a Petition with the Florida Land and Water Adjudicatory Commission to reestablish the district as a community development district pursuant to Chapter 190, Florida Statutes. The ITSMTD filed its Petition to reestablish the district as a community development district on January 22, 1981. The Petition named five (5) persons to serve as initial members of the Board of Supervisors of the proposed new district. These persons, who presently constitute the Board of Supervisors of the existing district, are Norman A. Cortese, Ellen Mills Gibbs, F. A. Mapleton, Robert E. Huebner and Edward F. Kosnick. The Petition recites that the proposed name of the new district will be the Indian Trace Community Development District, and that the District boundaries will remain the same as the existing special tax district. By letter dated January 29, 1981, the Florida Land and Water Adjudicatory Commission requested the assignment of a Hearing Officer form the Division of Administrative Hearings to conduct the necessary public hearing. The ITSMTD has jurisdiction over approximately 13,000 contiguous acres which lie within the unincorporated area of Broward County, Florida. A map showing the particular location of the property within the jurisdiction of the ITSMTD was presented and received into evidence. (Exhibit "C"). Petitioner presented the following additional Exhibits which were received into evidence: Development orders adopted June 27, 1978 and August 17, 1979 by the Broward County Commission. (Exhibit "D"). The development orders were adopted by the Broward County Commission pursuant to the development of regional impact permitting processes established by Chapter 380, Florida Statutes. These development orders govern or affect development of all land within the ITSMTD. A map which designates the future general distribution, location, and extent of public and private uses of land proposed for the area within the district by the Future Land Use Element of the Broward County Comprehensive Plan. (Exhibit "E"). A proposed timetable for constructing district services and the estimated cost of constructing those services. (Exhibit "F"). An economic impact statement which, based upon available data, estimates the economic impact on all persons directly affected by the proposed action and which sets forth in detail the data and method used in making the estimate. (Exhibit "G"). Proof of publication that public notice of the hearing conducted on March 25, 1981 was published once a week for four (4) consecutive weeks immediately prior to the hearing in the Fort Lauderdale News. (Exhibit "H"). The Future Land Use Plan Element of the Broward County comprehensive Plan which has been adopted by Broward County in compliance with the Local Government Comprehensive Planning Act of 1975. (Exhibit "I"). An agreement between ITSMTD, Arvida Corporation, and the City of Sunrise providing for the purchase of both water and sewer services by the ITSMTD from the City of Sunrise and committing the ITSMTD to make use of a Regional 201 Sewer Plan, when such plan is operational and capable of serving the district. ("Exhibit 'J'"). The ITSMTD was created by Broward County to provide certain services such as water, water management and control, sewers, and roads for an area of land consisting of approximately 13,000 acres. Included within this area of land is the 10,000 acre new community to be developed by Arvida Corporation known as Weston. The new community is a development of regional impact and is subject to two development orders adopted by Broward County (Exhibit "D"). The Weston development is a low density, residential new community which also includes industrial and commercial uses. It is presently planned to be developed over a 25-30 year period of time and will eventually contain 20,500 dwelling units and will have a population of 40,000. The two development orders grant master development approval to the Weston community and grant incremental development approval to the first two increments (approximately 7,000 acres). the third increment is designated for future incremental approval (approximately 3,000 acres presently planned for industrial, commercial, and airport uses). The 7,000 acres of land within Weston which comprise increments 1 and 2 pursuant to the aforementioned development orders have been zoned as a planned unit development. The zoning classification allows the construction of 18,000 dwelling units and the development of 500 acres of business-commercial land. To date, three (3) plats have been approved by Broward County within the Weston community. The Weston development and all proposed uses within the ITSMTD are consistent with the Future Land Use Element of the Comprehensive Plan for the unincorporated areas of Broward County, Florida, including policies and requirements relating to trafficways, open space and parks, and provision for housing (Exhibits "E" and "I"). The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functional, interrelated community for the following reasons: The area of land within the ITSMTD is composed of approximately 13,000 acres. 10,000 of the 13,000 acres constitute a development of regional impact, the develop- ment which is subject to two development orders (Exhibit "D"). 7,000 acres of the development of regional impact have been zoned by Broward County as a Planned Unit Development. (Exhibit "D"). These land control devices plan and provide for the development of this area in great detail. The development orders require phasing of the development and provide for the provision of parks, civic sites, schools, roads, and major land uses within the area. (See specifically Article II, A, D, and E of 1978 development order and Sections 1 and 2 of the 1979 development order.) The area of land within the proposed district is subject to and within the jurisdiction of the ITSMTD. The ITSMTD presently has the responsibility for providing water management, water and sewer services, and the construction of trafficways and certain other improvements. the ITSMTD was created for the specific purpose of aiding in the development of the area of land within the proposed district. In adopting Ordinance 75-22, the Broward County Commission observed: "WHEREAS, it is found by the County Commission that to promote the economic, orderly, and planned development of certain land and to best serve the welfare and convenience of the public, a Special Municipal Tax District of Broward County, Florida, should be established pursuant to the Charter of Broward County, Florida." The very location of the area of land within the proposed district and the major boundaries of that area dictate that the area be developed as a self-contained, functional interrelated community. (See Exhibits "C" and "D"). The area within the proposed district is compact and sufficiently contiguous to be developable as an interrelated community, as evidenced by the existence of the ITSMTD, the development orders, and the planned unit development zoning classification. A community development district is the best alternative available for delivering community development services and facilities to the area of land that will be served by the district for the following reasons: The finding supporting creation of the ITSMTD by the Broward County Commission in 1975 that a tax district is necessary for the area to be developed in an economic, orderly, and planned way remains true today. A community development district functioning pursuant to Chapter 190, Florida Statutes, would have the following advantages over the ITSMTD: Chapter 190, Florida Statutes, provides a clear and comprehensive charter for operating the district. The reestablishment of the ITSMTD as a community development district will conform the district to uniform state policy regarding the formation and operation of independent develop- ment districts, and will promote a strengthened state new community policy. A community development district has broad, comprehensive, and flexible powers which will better serve the area of land within the proposed district during the period of its development. The area of land to be served by the district will develop over a 20 to 30 year period of time and the broad flexible powers contained within Chapter 190, Florida Statutes, will give the community development district the ability to meet the changing needs and desires of the new community. The special powers contained within Section 190.012, Florida Statutes, will enable the district to provide a broader range of services to meet the needs of the developing community. Specifically, the Indian Trace Community Development District will be authorized to provide parks and facilities for indoor and outdoor recreational, cultural, and educational uses; fire protection and control services, including fire stations, water mains, fire trucks, and other vehicles and equipment; and to construct security and school buildings and related structures for use in the security and educational system, when authorized by proper governmental authority. The economic impact statement (Exhibit "G") points out several reasons why a community development district would be the best alternative to deliver community development services. Among the important points contained within the economic impact statement are the following: The Environmental Land Management Study Committee recommended implementation of a new communities policy in order to encourage well planned quality developments. Chapter 190, Florida Statutes, has implemented the recommendations of the Committee and has established that new community policy. The State of Florida has determined that Community Development Districts are a better alternative to provide infrastructure improvements than are "paper cities" The reestablishment of the ITSMTD as a Community Development District would avoid municipal formation as a means of infrastructure development. The reestablishment of the ITSMTD as a Community Development District will serve to implement the goals of the Broward County Land Use Plan. The Broward County Land Use Plan contains the following goals: It encourages planned communities with mixed uses, both residential and nonresidential; It determines that growth should be phased with the provision of community services and finds that urban growth should not be permitted in areas where the basic minimum required community services and facilities have not been provided or scheduled for capital improvement either by public or private means; It establishes that the capital costs for the provision and extension of major services, facilities, and transportation networks to benefit new residential or commercial developments should be imposed primarily on those who benefit and not on the existing resident population. The community development services which would be provided to the area of land within the proposed district would not be incompatible with the capacity and uses of existing local and regional development services and facilities for the following reasons: There are no existing regional services of facilities for the area of Broward County within the proposed district. Further, Broward County has neither the plans, nor the capability to provide services and facilities to the area. There are no major trunk water mains or sewer interceptors or outfalls in existence in the area of land within the proposed district. The ITSMTD was created by Broward county to provide services and facilities to service the area of land within the proposed district. In addition, the application for development orders are based, recognized that the ITSMTD would be used to provide infrastructure improvements within the area. The trafficways which have been designed to serve the area within the proposed district and which are required to be built in accordance with the development orders are in accordance with the Broward County Trafficways Plan, which is incorporated by reference in the county future land use element. The ITSMTD is making use of existing local water and sewer facilities. It has entered into a contract with the City of Sunrise to purchase both water and sewer services from the City of Sunrise. (Exhibit "J"). In addition, that agreement commits the ITSMTD to make use of a regional 201 sewer facility when such facility is operational and capable of serving the district. The testimony and documentary evidence establish the following: All statements contained in the Petition are true and correct. The creation of the district would not be inconsistent with any applicable element of the Broward County Comprehensive Plan. The area of land that will be served by the district is amenable to separate district government. On March 24, 1981, the Broward County Board of County Commissioners voted to support ITSMTD's petition to reestablish the district as a community development district.
Recommendation Based upon the Findings of Fact and Conclusions of Law hereby submitted, the Hearing Officer recommends that the Florida Land and Water Adjudicatory Commission grant the Petition of the ITSMTD and adopt a rule which will reestablish the ITSMTD as the Indian Trace Community Development District. DONE and ENTERED this 10th day of April, 1981, in Tallahassee, Leon County, Florida. WILLIAM E. WILLIAMS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings This 10th day of April, 1981. COPIES FURNISHED: Robert M. Rhodes, Esquire Messer, Rhodes, Vickers & Hart Post Office Box 1876 Tallahassee, Florida 32302 David W. Wilcox, Esquire Office of the Governor Room 209, The Capitol Tallahassee, Florida 32301 Philip Shailer, Esquire 540 N. W. Fourth Street Suite B Ft. Lauderdale, Florida 33301 Donald R. Hall, Esquire 540 N.W. Fourth Street Ft. Lauderdale, Florida 33301
The Issue Whether the Petition to establish the Central Viera Community Development District meets the criteria set forth in Chapter 190, Florida Statutes, and Chapter 42-1, F.A.C.
Findings Of Fact The Petitioner is seeking the adoption of a rule by the Commission to establish a community development district ( "CDD" or "District") of approximately 5,731 acres located entirely within unincorporated Brevard County. The proposed District would be located generally west of I-95, south of Barnes Boulevard, north of Lake Washington, and east of the Florida Power and Light Company electrical transmission line transversing the A. Duda & Sons landholdings in Brevard County. The proposed District would be eligible to exercise 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, although existing development includes the Florida Marlins Spring Training Facility. Existing land uses adjacent to the proposed District include residential use east of the District, with commercial use along major roadways. Land west and south of the District is in agriculture use, and land north of the District is in agriculture and mixed uses. Existing development adjacent to the District includes the Brevard County Government Operations Center, the Space Coast Stadium, and the Brevard County School Board Complex. The future general distribution, location, and extent of the public and private land uses proposed by the Petitioner for the lands within the District have been included in an Application for Development Approval of a substantial deviation to the Viera Development of Regional Impact (DRI). All of the land within the proposed District is either currently included within the approved Viera DRI or will be included upon approval of the substantial deviation to the Viera DRI. The existing land uses within the proposed District are consistent with the adopted Brevard County Comprehensive Plan, and the land uses proposed for the District in the DRI substantial deviation are consistent with the Plan as it would be amended by a proposed Plan Amendment that has been submitted to the County for approval. The proposed development plan for the lands within the District contemplates the construction of approximately 11,954 residential units; 1,415,000 square feet of office space; 736,800 square feet of office warehouse/light industrial space; 1,685,000 square feet of retail services space; 550 hotel rooms; 4,800 movie theater seats; a 154.6-acre educational campus; 162.4 acres of institutional uses; a 148.0-acre golf course; 298.5 acres of parks and pathways; and 20.5 acres of private recreation. The following real property within the external boundaries of the proposed District is excluded from the District: a parcel known as the "Town Center"; Veterans Administration (VA) Hospital Site; Brevard County Government Operation Center; Brevard County School Board Administration Complex; Brevard South Judicial Facility; Space Coast Stadium and parking lot; Wickham Road; Lake Andrew Drive; St. Johns Street; and Stadium Parkway. This property, with the exception of the "Town Center," is excluded from the District because it is currently owned by governmental bodies. Because of the nature and scope of development and length of time necessary for its buildout, the "Town Center" parcel has also been excluded from the District. The Petitioner currently intends for the District to fund the construction of a water management system, roadways, water and sewer systems; reuse facilities, and public facility landscaping. In addition, the District may fund the construction of certain recreational facilities. Once completed, some of the facilities will be owned, operated, and/or maintained by the District. Some facilities may be dedicated to other governmental entities, which will operate and maintain them. The Petitioner intends for the District to own, operate, and maintain the water management system and certain recreational facilities which may be built. The water and sewer systems will be dedicated to the City of Cocoa and Brevard County, respectively, and will be operated and maintained by these local governments. Reuse facilities will be owned, operated, and maintained by the District or other governmental entity. The Petitioner plans for the District to construct certain arterial roadways and other road improvements in phases as traffic warrants. The District will maintain roadways until they are dedicated to and accepted by Brevard County or another governmental entity, at which time the County or another governmental entity will assume maintenance responsibility. The Petitioner also intends that the District provide certain public facility landscaping, which will be maintained by the District or another governmental entity. The estimated cost in 1994 dollars for all identified capital improvements is $145,276,000, with construction scheduled to take place from 1995 through 2015. Actual construction costs and timetables may vary, due in part to the effects of future changes in economic conditions upon labor, services, materials, interest rates, and general market conditions. The Petitioner expects that the District will finance such services and improvements through the issuance of tax-exempt bonds. The debt issued by the District is expected to be repaid from the proceeds of non-ad valorem special assessments imposed on benefitted property within the District. In other cases where infrastructure provides a specific revenue source from users of those systems, bonds may be repaid with those user fees. The Petitioner has no current plans for the District to issue general obligation bonds or to impose ad valorem taxes. Statutory Criteria for the Establishment of the District Section 190.005 (1)(e), Florida Statutes, requires the Commission to consider six factors in making its determination to grant or deny the Petition to establish the District. The evidence presented on these factors is summarized in the following paragraphs. Whether all statements contained within the Petition have been found to be true and correct. Petitioner's Composite Exhibit 13 was identified for the record as a copy of the Petition and its attachments as filed with the Commission. Maloy testified that he had reviewed the contents of the Petition and approved its filing, and that the only correction required was to Attachment 6. Glatting testified that a typographical error in the number of hotel rooms on the "CDD Land Uses" chart in Attachment 6 should be corrected. Instead of "300" hotel rooms, it should state "550" rooms. With the change set forth in the previous paragraph, all statements in the Petition and its attached exhibits were shown to be true and correct. Whether the creation of the District is inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. Glatting reviewed the establishment of the proposed District from a planning perspective for consistency with the State Comprehensive Plan, Chapter 187, Florida Statutes, and the Brevard County Comprehensive Plan, adopted pursuant to Chapter 163, Part II, Florida Statutes In addition, McDonald reviewed the establishment of the District from an economic perspective for consistency with the State and local comprehensive plans. Moyer reviewed the establishment of the District from a management perspective for consistency with the State Comprehensive Plan. State Comprehensive Plan From a planning perspective, Goals 10, 16, 21, and 26 of the State Comprehensive Plan and policies supporting these goals are particularly relevant to the establishment of the District. Goals 18 and 21 and the policies supporting those goals are relevant to the establishment of the District from an economic perspective. Goal 21 is also relevant to the establishment of the District from a management perspective. Policy 13 under Goal 10, "Natural Systems and Recreational Lands," encourages the use of public and private financial resources for the development of state and local recreational opportunities. The District may, with the consent of the County, provide community recreational facilities. Goal 16, "Land Use," recognizes the importance of locating development in areas with the fiscal ability and service capacity to accommodate growth. The District will have the fiscal ability and service capacity to efficiently provide an excellent quality and range of facilities and services to development in a rapidly growing area of Brevard County. Goal 18, "Public Facilities," directs the State to protect the investments in public facilities that already exist, and to plan for and finance new facilities to serve residents in a timely and efficient manner. The District will provide facilities and services in a timely and efficient manner to the area within Brevard County served by the District, allowing the County to focus its resources outside the District and thus, provide facilities and services to County residents in a timely and efficient manner. The "Governmental Efficiency" goal, Goal 21, requires that Florida governments provide the services required by the public in an economic and efficient manner. The District will have the fiscal capability to provide quality public services to those who benefit from and pay for those services. The size and configuration of the District would allow for the delivery of these facilities in an efficient, cost-effective manner. In addition, because it is a limited-purpose local government, the District can provide focused delivery, management, and maintenance of these services more efficiently than a general- purpose government. Goal 26, "Plan Implementation," encourages the integration of systematic planning into all levels of government, with emphasis on intergovernmental coordination. The development plan for the District contemplates the delivery of improvements in coordination with the general- purpose local governments in the area. In addition, Section 189.415, Florida Statutes, requires the District to file annual Public Facilities Reports with Brevard County, which the County may use and rely on in its comprehensive plan. From a planning perspective, all decisions of the District are made at board meetings which are publicly noticed and open to the public, maximizing input from landowners and residents of the District. The establishment of the proposed District is not inconsistent with any applicable goal or policy of the State Comprehensive Plan. Local Comprehensive Plan From a planning perspective, the Intergovernmental Coordination, the Capital Improvements, and the Recreation and Open Space Elements of the Brevard County Comprehensive Plan relate specifically to the establishment of the District. From an economic perspective, the Capital Improvements Element applies directly to the establishment of the District. The Intergovernmental Coordination Element and supporting policies acknowledge the need for alternative providers of facilities and services and require the County to pursue interlocal agreements to ensure a review of proposals for public facility improvements. The Petition to establish the District contemplates coordination with the general-purpose governments for the provision and maintenance of facilities and services. In addition, the District must file an annual Public Facilities Report with the County, and all District facilities will be subject to the County's comprehensive plan, building codes, and land development regulations for public facilities. The objectives and policies of the Capital Improvements Element require that the County pursue new funding sources for public improvements, and that new growth contribute its fair share of needed improvements. The District provides an alternative means of financing a fair share of the facilities and services necessary for community development. The goal of the Recreation and Open Space Element requires the County to attain public and private support for the acquisition, operation, and maintenance of recreational opportunities and open space area. The proposed development plan for the land within the Central Viera CDD includes 298.5 acres of pathways and parks. The District may also, with the approval of the County, construct and maintain recreational facilities. Nothing in the Local Comprehensive Plan precludes the establishment of a community development district. The establishment of the District is not inconsistent with any of the applicable goals, objectives, and policies of the Brevard County 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, Glatting, McDonald, and Moyer. The lands that comprise the District consist of approximately 5,731 acres, located entirely within unincorporated Brevard County, and generally west of I-95, south of Barnes Boulevard, north of Lake Washington, and east of the Florida Power and Light electrical transmission line transversing the A. Duda & Sons landholdings. All of the land within the proposed District is part of a planned "new town," which is a form of development containing all types of land uses for home, work, recreational, and daily life. The land within the proposed District is either currently included within the approved Viera DRI or will be included upon approval of the substantial deviation to the DRI and is master planned to be a part of a functional interrelated community with a balanced mix of uses to support the projected population. Although some land within the external boundaries of the proposed District is excluded from the District because it is owned by governmental entities or because of the nature and scope of development and the length of time for buildout, the exclusion of this land 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 5,731-acre District is of sufficient size from a planning perspective to require all the basic facilities and services of a community. Moreover, the size and configuration of the District would accommodate the provision of the proposed facilities and services in a cost-effective manner. The District will provide its residents and landowners with the benefits of phasing of the District's services over a time frame which takes advantage of the lower cost of long-term capital, as well as providing economies of scale to absorb the annual operating costs of District administration and to efficiently apportion the costs of improvements. The proposed District is also compact in nature. The configuration of the District allows for the natural extension of infrastructure and services across the land area over time to serve the needs of the residents. The property is sufficiently contiguous when the proposed facilities and services can be designed, permitted, constructed, and maintained in a cost efficient, technically-sound manner. The proposed District is sufficiently contiguous to allow for the efficient design and use of infrastructure. From engineering, planning, economics, and management perspectives, the area of land to be included in the District is of sufficient size and is sufficiently compact and contiguous to be developed as a functional interrelated community. Whether the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. It is presently intended that the District will fund the construction of a water management system, roadways, water and sewer systems, reuse facilities, and public facility landscaping. It may also, with the approval of the County, construct certain recreational facilities. Once completed, certain of these improvements will be dedicated to other governmental entities to own, operate, and/or maintain. The stormwater management system and recreational facilities will be owned and maintained by the District. Certain water and sewer facilities to be constructed by the District will be dedicated to the appropriate general-purpose local government to own, operate, and maintain. In addition, reuse facilities will be owned, operated, and maintained by the District or the general- purpose local government. The District will maintain roadways until they are dedicated and accepted by Brevard County or other governmental entity, at which time the County or other governmental entity will assume maintenance responsibility. The public facility landscaping to be provided by the District will also be maintained by the District or the general-purpose local government. It is expected that the District will issue bonds to finance these services and improvements. These bonds will be repaid from the proceeds of special assessments on benefitted property within the District. In cases where improvements provide a specific revenue source from uses of those systems, bonds may be repaid with such funds. Use of special assessments and user fees will ensure that those benefitting from District services help pay for those services. The following five alternatives to the proposed District for providing the necessary facilities and services were identified: (1) a municipal service taxing unit (MSTU)/municipal service benefit unit (MSBU); (2) a dependent special district; (3) the County; (4) the Developer; or (5) a homeowners' 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 is a stable provider of facilities and services and can provide a long-term perspective; and; and whether the alternative can secure long-term financing to pay for all benefits at a sustained level of quality. Public Alternatives A MSTU/MSBU generally focuses on only one service or facility, which is not sufficient to serve the comprehensive development of a new community. It also requires County administration of the operation and maintenance of the infrastructure. Moreover, MSTU/MSBU debt is debt of the relevant County, and MSTU/MSBU taxes count against the County's millage cap. The County would be relieved of direct administrative duties and costs related to the provision of the proposed facilities and services if the proposed District is established. In addition, District debt does not affect the County's borrowing capacity, and District taxes do not count against the County's millage cap. Although a dependent special district may provide more than one service or facility, it would still require County involvement, and dependent special district taxes would count against the County's millage cap. Debts incurred by a dependent special district are debts of the County, as are those of the MSTU/MSBU. In contrast, debts of a CDD are not debts of the County, and CDD taxes do not affect the County millage cap. The County, as a general-purpose government, has a broad range of responsibilities to its citizens. If the County provides all of the proposed services and facilities to the area to be included with the District, this may mean that other portions of the County would not be as fully served. In contrast, the District, as a special-purpose government created solely to provide infrastructure, can offer a more focused delivery of facilities and services. It does not have the demands of general purpose local governments for such things as social services and law enforcement. Furthermore, use of the District is the best way to help assure that growth pays for itself. Those especially benefitting from the facilities and services pay their fair share of the cost, rather than spreading the entire cost over residents of the entire County. Private Alternatives The District is also superior to the Developer in the provision of long-term financing of infrastructure. Private funding is generally more difficult and expensive to secure. In contrast to the Developer, which may not be involved in the project upon completion of development, the District would be a perpetual entity. It would continue to exist to provide facilities and services of high quality in a timely and cost-effective manner, also ensuring a longer life for the facilities. The District would also be a superior alternative to a homeowners' association to secure the long-term financing for facilities. A homeowners' association generally becomes involved only after the planning and construction of improvements is complete because it cannot provide the necessary financing program. In addition, a homeowners' association is usually managed by volunteers, while the District would employ a professional manager. This professional involvement allows for the independent planning, construction, financing, administration, operations, and maintenance of facilities within the District. A homeowners' association also would not have collection and enforcement authority for defaults in assessments and charges comparable to that authorized for the District in Chapter 190, Florida Statutes Therefore, an association is a less stable long-term maintenance entity. The Viera Company has experience in working with a CDD and Company staff stated that the Viera East CDD, which provides facilities and services to the land in the Viera DRI east of I-95, has lived up to the Company's expectations and is providing necessary public services in a timely manner to the development and its residents. The Company expects that the proposed Central Viera CDD will similarly benefit landowners and residents in the years ahead, particularly as The Viera Company ceases to be the major landowner. None of the reasonable public or private alternatives provides the same cost-efficient, focused delivery and long-term maintenance and management of the proposed public facilities as would the District. The District is the best alternative available for delivering community services and facilities to the area. 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. There is no planned duplication of facilities and services. There are existing trunk water mains, reuse lines, and sewer interceptors within or adjacent to the area to be included within the District which are owned by a general-purpose local government. The District will supply additional facilities and services made necessary for development that are not provided by local general-purpose governments or other governmental entities. The project infrastructure will be designed and constructed to State or County standards and must also be consistent with the local comprehensive plan, building codes, and land development regulations. From engineering, planning, economic, 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. The area to be served by the District requires basic infrastructure for development to occur. The District is of sufficient size and is sufficiently compact and contiguous to allow infrastructure to be provided and maintained in an efficient and cost-effective manner. These services and infrastructure have been carefully planned to avoid duplication of existing local and regional facilities and services and to maximize efficiency of cost and effort to deliver such improvements. From an engineering perspective, having a separate unit of special- purpose government enhances the orderly provision of facilities and their long- term maintenance as well as the ability of the government to respond to the needs of the residents of the District. From a financial perspective, it is expected that the District will levy assessments and fees on the landowners and residents within the District who benefit from the improvements in order to fund the construction and maintenance of the improvements. The District will not be dependent on the County for funding, nor is the County liable for any obligations of the District. Therefore, it is more economically and functionally efficiently to have a separate special-district government to manage the activities related to the improvements to the land within the District. From engineering, planning, economic, and management perspectives, the area to be included within the District is amenable to separate special-district government. From engineering, planning, economic, and management perspectives, the establishment of the District meets all of the statutory criteria in Section 190.005(1)(e), Florida Statutes The record also shows the type and scope of development that would necessitate the establishment of the District if the pending substantial deviation to the existing DRI were not approved. If the pending substantial deviation to the Viera DRI were not approved, significant development of the area within the boundaries of the proposed District that is consistent with the existing County comprehensive plan is possible and appears likely. The land within the proposed District is in an urbanizing area of Brevard County. There is a developed community, Suntree, adjacent to the proposed District on the east. The Viera East development, located on the east side of I-95, is also well underway. The existing Brevard County Governmental Operations Center, Brevard County School Board Complex, and the Space Coast Stadium, as well as the proposed judicial facility and Veterans Administration Hospital, while not within the boundaries of the proposed District, will generate the need for new development in the area. Extensive development is authorized by the existing comprehensive plan. The comprehensive plan authorizes approximately 20,825 dwelling units with an assumed population of 51,022 in this area. In addition, areas within the proposed District designated as mixed-use may include commercial, professional, office, institutional, conservation, recreation, and public facility uses as well as residential use. Although the nature of the development under the existing comprehensive plan is more residential than proposed by the substantial deviation to the DRI, there would still be a need for water management, water and sewer systems, recreation and open space, and some roadway improvements and landscaping. Because these necessary facilities do not currently exist, their provision by the District would not be incompatible with existing facilities. The land is sufficiently compact and contiguous to be developed as a functional interrelated community and is amenable to separate special-district government. In fact, if the property is developed as is allowed under the comprehensive plan, the use of the District to provide infrastructure is as important, if not more important, than if the property is developed as proposed under the substantial deviation to the DRI. The District could provide overall coordination and oversight to avoid duplication of facilities. The District would continue to be the best alternative for providing the necessary public facilities and service in an efficient, cost-effective manner. With or without the proposed amendments to the DRI and the comprehensive plan, the establishment of the District meets the statutory criteria and is necessary to ensure the timely, efficient, cost-effective, and long-term provision of infrastructure to this area. Public Comment on the Petition Public comment related to the criteria was received in the afternoon session. Mr. Mel Scott, a Planner with Brevard County, asked for clarification of the cost of infrastructure contained in Mr. Greene's testimony. Greene testified on redirect examination that the total cost of infrastructure for the development proposed under the substantial deviation to the DRI is $145,276,000. He also testified that if the DRI were not approved and development were to occur that is consistent with the existing comprehensive plan, the cost of infrastructure would be approximately 11.77 percent less or $18 million less. Greene stated that this reduction results largely from lower costs of certain road improvements that would not appear to be necessary for development under the comprehensive plan and a reduction in the size of the reuse system and the capacity needed for the wastewater treatment plant. Scott also inquired about the ability of the District to issue industrial revenue bonds. Moyer testified on redirect examination that in his experience in managing 46 CDDs, he is not aware of any of them applying for a portion of either the state or regional allocation of these bonds or receiving a legal opinion that it could issue these types of bonds. He explained that in his view there is no reason for a district, which is limited to projects for public purposes, to use industrial revenue bonds because they are primarily for private activity. Mr. Mundhenk asked that the impact of the District upon the taxpayers of the rest of the County be taken into consideration and asked for financial assurance from The Viera Company that County taxpayers would not be held responsible for any debts of the District. McDonald testified on redirect examination that the costs of the establishment of the District to Brevard County and its citizens are offset by the filing fee and other fees paid to the County. He stressed that no debt of the District can be placed on the citizens of the County. Agency Comment on the Petition The Secretary of the Commission distributed copies of the Petition to the Department of Community Affairs (DCA) and the East Central Florida Regional Planning Council (ECFRPC) and requested that these agencies review the Petition. By letter dated October 5, 1994, Secretary Linda Shelley of the DCA replied that, other than an inconsistency in the number of proposed hotel rooms within the District and proposed in the substantial deviation to the DRI, the DCA had no concerns regarding the proposed District. This inconsistency was due to a typographical error in Attachment 6 to the Petition and was corrected in testimony as set forth above. The ECFRPC responded to the Commission Secretary's request by letter dated December 1, 1994. First, the ECFRPC concluded that the "district and development it will support are consistent with the state and regional comprehensive plans," and that the development will be consistent with the Brevard County Comprehensive Plan as amended by the proposed comprehensive plan amendment. Second, the ECFRPC stated that the District is of sufficient size, compactness, and contiguity to be developed as a functional interrelated community. Specifically, the ECFRPC has no objection to the exclusion of the "Town Center properties." Third, the ECFRPC stated that the proposed District will be the best alternative for delivery of the necessary facilities and service because it "will provide the best opportunity for minimizing fiscal impacts to the public service providers." The ECFRPC specifically stated that "we support the creation of the Central Viera CDD and, in fact, would be concerned if the proposed district were not approved as it would require that these facilities be made available by other, presently unknown means." The ECFRPC found no incompatibilities of the proposed facilities and services with the capacity and uses of existing local and regional services and facilities. The ECFRPC noted the Petition reflects that all of the landowners within the District are amenable to its creation, and that future landowners will be made aware of the existence of the District and its obligations before purchasing property within the District. Other requirements imposed by statute or rule. Chapter 190, Florida Statutes, and Chapter 42-1, F.A.C., impose certain specific requirements set forth below regarding the Petition and other information to be submitted to the Commission. A. 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 13 contains such a description. This statutory section also requires that any property within the external boundaries of the District which is to be excluded from the District be specifically described and the last known addresses of all owners of this property be listed. Petitioner's Composite Exhibit 13 includes this information. Section 190.005(1)(a)2, Florida Statutes, requires the Petition to contain the written consent to establishment of the District of the owners of 100 percent of the real property to be included in the District. Petitioner's Composite Exhibit 13 contains the written consent of A. Duda & Sons, Inc./The Viera Company; John A. Bell, Trustee, of the Trust Agreement of John A. Bell dated October 29, 1993; Becky N. Bell, Trustee, of the Trust Agreement of Becky N. Bell dated October 29, 1993; Freedom Christian Center, Inc.; Temple Israel of Brevard County, Inc.; and Marlins-Viera, the owners of 100 percent of the real property to be included in the District. Section 190.005(1)(a)3, Florida Statutes, requires the Petition to contain the names of the five persons, all residents of the State of Florida and citizens of the United States, who will serve on the initial Board of Supervisors. The five persons designated in the Petition are: John R. Maloy 135 Highway A1A N., #135 Satellite Beach, Florida 32937 Tracy Duda 1906 Whitehall Drive Winter Park, Florida 32792 David Duda 7979 Dunstable Circle Orlando, Florida 32817 Thomas Duda 11700 Pinewood Lakes Drive Ft. Myers, Florida 33813 Stephen L. Johnson 250 South Sykes Creek Parkway #603 Merritt Island, Florida 32952 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 that the Petition contain the proposed name for the District. The Petition proposes to establish the "Central Viera Community Development District. Section 190.005(1)(a)5, Florida Statute, requires that the Petition show current major trunk water mains and sewer interceptors and outfalls if in existence. Petitioner's Composite Exhibit 13 shows the location of those facilities within and adjacent to 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 the estimated cost for such construction. Petitioner's Composite Exhibit 13 contains this information in a table entitled "Central Viera CDD: Estimated Infrastructure Construction Schedule and Cost". 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. Petitioner's Composite Exhibit 13 provides that information. The Petition contains all information required by Section 190.005(1)(a)1.-7., Florida Statutes. Economic Impact Statement 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 EIS prepared by the Petitioner is attached to Petitioner's Composite Exhibit 13. The Petitioner's EIS meets the requirements of Sections 120.54(2)(c)1. and 120.54(2)(c)2., Florida Statutes, that an EIS include an estimate of the costs and benefits of the establishment of the District to all affected agencies and persons. It concludes that the economic benefits of establishing the District exceed the economic costs to all affected agencies and persons. Beyond administrative costs related to rule adoption, the State and its citizens would incur no costs from establishment of the District. The District would require no subsidies from the State to fund District improvements. Benefits would include improved planning and coordination of development, as well as long- term professional management and maintenance of District facilities. Costs of the establishment and operation of the District to Brevard County and its citizens should be offset by the $15,000 filing fee and other fees paid by the Petitioner or the District. The County would not be responsible for the debt service on any bonds used to fund District improvements. Citizens of the County would receive the benefits of planned development, and the County would be relieved of the fiscal and administrative burden of providing the improvements provided by the District. The Petitioner would incur substantial costs to create the District and would pay substantial sums in non-ad valorem assessments as the largest landowner in the District in the initial stages of development. In addition, the Petitioner would provide certain rights-of-way and easements. The Petitioner would benefit from the establishment of the District because of increased access to bond financing. Landowners within the District would pay District special assessments or fees for certain facilities; however, these facilities would be required for development regardless of the existence of the District. Benefits to these landowners/consumers would include a higher level of public services and amenities than might otherwise be available, completion of improvements provided by the District on a timely basis, and a share of control over decisions involving community development services and facilities. The EIS also meets the requirements of Sections 120.54(2)(c)3. and 120.54(2)(c)4., Florida Statutes, that the EIS include an estimate of the impact of the proposed rule on competition, the open market for employment, and on small business as defined in the Florida Small and Minority Business Assistance Act of 1985. The implementation of this rule is not expected to have an adverse impact on competition and is expected to have only a nominal effect on the open market for employment and small business. The EIS also meets the requirement of Section 120.54(2)(c)5., Florida Statutes, that the statement include a comparison of the costs and benefits of the proposed rule to the probable costs and benefits of not adopting the rule. Where there are reasonable alternative methods for achieving the purpose of the rule which are not precluded by law, Sections 120.54(2)(c)6. and 120.54(2)(c)7., Florida Statutes, require than an EIS describe these alternatives and make a determination of whether any of the alternatives are less costly or less intrusive than the proposed method. Petitioner's EIS meets these requirements and concludes that none of the reasonable public or private alternatives provides the same cost-efficient, focused delivery, and long-term management and maintenance of the public facilities and services to be provided by the District. The District is the preferred alternative because it is a special-purpose unit of local government with a single purpose: the provision of infrastructure and services for planned new communities. The requirement of Section 120.54(2)(c)8., Florida Statutes, that the EIS include a detailed statement of the data and methodology used in preparing the analysis is also met. The Petitioner's EIS meets all the requirements of Section 120.54(2), Florida Statutes Other Requirements Petitioner has complied with Section 190.005(1)(b), Florida Statutes, which requires that the Petitioner submit a copy of the Petition and pay 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 Brevard County for the four consecutive weeks immediately prior to the hearing. The notice was published in Florida Today for four consecutive Wednesdays beginning on November 9, 1994. Rule 42-1.010, Florida Administrative Code, requires the Commission to cause to be published a Notice of Receipt of Petition in the Florida Administrative Weekly. Such notice was published on November 4, 1994. Rule 42-1.011(1)(a), F.A.C., 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 hand delivered to the Secretary of the Commission as required on December 2, 1994. Rule 42-1.011(1)(b), F.A.C., 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 notices were mailed as required by the rule.
Conclusions A local public hearing in the above styled matter was held before the Division of Administrative Hearings by its duly designated Hearing Officer Daniel M. Kilbride, on December 7, 1994, at the Brevard County Government Center, 2725 St. Johns Street, Building C, Second Floor "Hearing Room," Viera, Florida. The hearing was conducted pursuant to Section 190.005, Florida Statutes (Florida Statutes), for the purpose of taking testimony and public comment and receiving exhibits on the Petition of The Viera Company ("Petitioner") to establish the Central Viera 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 (F.A.C.).
Recommendation Based upon the foregoing findings of fact and conclusions of law, the undersigned recommends that the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, pursuant to Chapters 190 and 120, Florida Statutes, and Chapter 42-1, Florida Administrative Code, establish the Central Viera Community Development District as requested by the Petitioner by formal adoption of the proposed rule attached to this Report of Findings and Conclusions as Exhibit 4. DONE and ENTERED this 28th day of December, 1994, in Tallahassee, Leon County, Florida. Daniel M. Kilbride Hearing Officer Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of December, 1994.
The Issue The issue presented in this proceeding is whether the Petition to Merge Mediterra North Community Development District and Mediterra South Community Development District (Petition) meets the applicable criteria in chapter 190, Florida Statutes, and Florida Administrative Code Chapter 42-1. The purpose of the local public hearing was to gather information in anticipation of quasi-legislative rulemaking by the Florida Land and Water Adjudicatory Commission (Commission).
Conclusions This proceeding is governed by chapters 120 and 190 and rule chapter 42-1. The proceeding was properly noticed pursuant to section 190.005 by publication of an advertisement in two newspapers of general paid circulation in Collier and Lee County of general interest and readership, once each week for the four consecutive weeks immediately prior to the hearing. Petitioner has met the requirements of section 190.005(1)(a) regarding the submission of the Petition and satisfaction of the filing fee requirements. Petitioner bears the burden of establishing that the Petition meets the relevant statutory criteria set forth in section 190.005(1)(e). All portions of the Petition and other submittals have been completed and filed as required by law. All statements contained within the Petition are true and correct. The merger of the Districts is not inconsistent with any applicable element or portion of the State Comprehensive Plan or the effective County or City Comprehensive Plans. The area of land within the Merged District remains of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. The Merged District remains the best alternative available for delivering community development services and facilities to the area that will be served by the Merged District. The community development services and facilities of the Merged 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 Merged District remains amenable to separate special-district government. Based on the record evidence, the Petition satisfies all of the statutory requirements and, therefore, there is no reason not to grant Petitioner's request for merger of the two Districts and to formally adopt a rule to merge the Districts' boundaries, as requested by Petitioner. DONE AND ENTERED this 21st day of September, 2017, in Tallahassee, Leon County, Florida. S D. R. ALEXANDER 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 21st day of September, 2017. COPIES FURNISHED: Cynthia Kelly, Secretary Florida Land and Water Adjudicatory Commission Room 1801, The Capitol Tallahassee, Florida 32399-0001 John P. "Jack" Heekin, General Counsel Office of the Governor Room 209, The Capitol Tallahassee, Florida 32399-0001 (eServed) Peter L. Penrod, General Counsel Department of Economic Opportunity The Caldwell Building, MSC 110 107 East Madison Street Tallahassee, Florida 32399-4128 (eServed) Barbara R. Leighty, Clerk Transportation and Economic Development Policy Unit Room 1801, The Capitol Tallahassee, Florida 32399-0001 (eServed) Jonathon T. Johnson, Esquire Hopping Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32314-6526 (eServed)
