02-001343 In Re: Petition For Rule Creation - Bartram Springs Community Development District vs. *
 Status: Closed
Recommended Order on Wednesday, June 19, 2002.


View Dockets  
Summary: Petitioner satisfied requirements for establishing a community development district in Duval County.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8IN RE: PETITION FOR RULE )

14CREATION - BARTRAM SPRINGS ) Case No. 02 - 1343

24COMMUNITY DEVELOPMENT )

27DISTRICT. )

29_______________________________)

30REPORT TO THE FLORIDA LAND AND WATER

37ADJUDICATORY COMMISSION

39Pursuant to Section 190.005(1)(d), Florida Statutes,

45Donald R. Alexander, Administrative Law Judge, conducted a

53public hearing on May 31, 2002, in Jacksonville, Florida , for

63the purpose of taking testimony and public comment and

72receiving exhibits on the Petition of SouthStar Development

80Partners, Inc. to establish the Bartram Springs Community

88Development District.

90APPEARANCES

91For Petitioner: Cheryl G. Stuart, Esquir e

98Brian A. Crumbaker, Esquire

102Hopping, Green & Sams, P.A.

107Post Office Box 6526

111Tallahassee, Florida 32314 - 6526

116STATEMENT OF THE ISSUE

120The issue is whether the es tablishment of the Bartram

130Springs Community Development District meets the applicable

137criteria set forth in Chapter 190, Florida Statutes.

145PRELIMINARY STATEMENT

147This case began on February 28, 2002, when Petitioner,

156SouthStar Development Partners, Inc., requested the Florida

163Land and Water Adjudicatory Commission to adopt a rule to

173establish the Bartram Springs Community Development District.

180The proposed rule is attached to this Report as Appendix C.

191The matter was forwarded to the Division of Administ rative

201Hearings on April 1, 2002, with a request that an

211Administrative Law Judge conduct a public hearing. By Notice

220of Hearing dated April 12, 2002, a public hearing was

230scheduled in Jacksonville, Florida, on May 31, 2002.

238Petitioner presented four wi tnesses and offered into

246evidence Petitioner's Exhibits 1 - 8, which were admitted

255without objection. The names and addresses of the witnesses

264are listed in Appendix A attached to this Report, and the

275exhibits are listed in Appendix B. No other persons or entity

286presented any witnesses or exhibits. No members of the public

296provided any comments.

299The Transcript of the local public hearing was filed with

309the Division of Administrative Hearings on June 11, 2002. The

319original Transcript and hearing exhibits a re transmitted with

328this Report.

330FINDINGS OF FACT

333Based upon all of the evidence, the following findings of

343fact are determined:

346A. Overview

3481. Petitioner, SouthStar Development Partners, Inc., is

355seeking the adoption of a rule by the Florida Land a nd Water

368Adjudicatory Commission (Commission) to establish a community

375development district proposed to consist of approximately

3821,025 acres located within the boundaries of the City of

393Jacksonville (City). The City is a consolidated government

401which has jurisdiction over and extends territorially to the

410limits of Duval County. The proposed name for the new

420District is the Bartram Springs Community Development District

428(the District).

4302. There are no parcels within the external boundaries

439of the propose d District which are to be excluded from the

451District.

4523. The estimated cost of the infrastructure facilities

460and services which are presently expected to be provided to

470the lands within the District was included in the Petition.

4804. The sole purpose of this proceeding was to consider

490the establishment of the District as proposed by Petitioner.

499B. Summary of Evidence and Testimony

505a. Whether all statements contained within the Petition

513have been found to be true and correct.

5215. Petitioner's Composi te Exhibit 1 consists of the

530Petition and its attachments as filed with the Commission.

539Mr. J. Thomas Gillette, III, regional manager for north

548Florida for Petitioner, testified that he had reviewed the

557contents of the Petition and approved its findings. Mr.

566Gillette also generally described certain of the attachments

574to the Petition. Finally, Mr. Gillette testified that the

583Petition and its attachments were true and correct to the best

594of his knowledge.

5976. Mr. Douglas C. Miller, a professional enginee r with

607England, Thims & Miller, Inc., testified that he had assisted

617in the preparation of portions of the Petition and its

627attachments. Mr. Miller also generally described certain of

635the attachments to the Petition which he or his office had

646prepared. F inally, Mr. Miller testified that the attachments

655to the Petition prepared by England, Thims & Miller, Inc., and

666admitted into evidence, were true and correct to the best of

677his knowledge.

6797. Dr. Henry H. Fishkind, president of Fishkind &

688Associates, Inc. , testified that he had prepared Exhibit 11 to

698the Petition, the Statement of Estimated Regulatory Costs

706(SERC). Dr. Fishkind also testified that the SERC submitted

715as Attachment 11 to Petitioner's Composite Exhibit 1 was true

725and correct to the best of h is knowledge.

7348. The Petition included written consent to establish

742the District from the owners of one hundred percent of the

753real property located within the lands to be included in the

764proposed District. Mr. Gillette also testified that the

772ownership of the lands to be included within the proposed

782District had not changed.

7869. The Petition and its exhibits are true and correct.

796b. Whether the establishment of the District is

804inconsistent with any applicable element or portion of the

813State Comprehens ive Plan or of the effective local government

823comprehensive plan.

82510. Mr. Gary R. Walters, a land planner and president of

836Gary Walters & Associates, reviewed the proposed District in

845light of the requirements of the State Comprehensive Plan

854found in Ch apter 187, Florida Statutes. Mr. Walters also

864reviewed the proposed District in light of the requirements of

874the City of Jacksonville Comprehensive Plan.

88011. The State Comprehensive Plan "provides long - range

889policy guidance for the orderly social, econ omic and physical

899growth of the State" by way of twenty - six subjects, and

911numerous goals and policies. From a planning perspective, two

920subjects of the State Comprehensive Plan apply directly to the

930establishment of the proposed District, as do the polici es

940supporting those subjects.

94312. Subject 16, Land Use, recognizes the importance of

952locating development in areas with the fiscal ability and

961service capacity to accommodate growth. The proposed District

969will have the fiscal ability to provide services and

978facilities and help provide infrastructure in a fiscally

986responsible manner in an area which can accommodate

994development within the City.

99813. Subject 26, Plan Implementation, provides that

1005systematic planning shall be integrated into all levels of

1014g overnment, with emphasis on intergovernmental coordination.

1021The proposed District is consistent with this element of the

1031State Comprehensive Plan because the proposed District will

1039systematically plan for the construction, operation, and

1046maintenance of th e public improvements and the community

1055facilities authorized under Chapter 190, Florida Statutes,

1062subject to and not inconsistent with the local government

1071comprehensive plan and land development regulations.

1077Additionally, the District meetings are publi cly advertised

1085and are open to the public so that all District property

1096owners and residents can be involved in planning for

1105improvements. Finally, Section 189.415, Florida Statutes,

1111requires the District to file and update public facilities

1120reports with the local governments, which they may rely upon

1130in any revisions to the local comprehensive plan.

113814. Dr. Fishkind reviewed the proposed District in light

1147of the requirements of the State Comprehensive Plan and found

1157that from a financial perspective, tw o subjects of the State

1168Comprehensive Plan apply directly to the establishment of the

1177proposed District, as do the policies supporting those

1185subjects.

118615. Subject 18, Public Facilities, provides that the

1194state shall protect substantial investments in pub lic

1202facilities and plan for and finance new facilities to serve

1212residents in a timely, orderly, and efficient manner. The

1221proposed District will be consistent with this element because

1230the District will plan and finance the infrastructure systems

1239and faci lities needed for the development of lands within the

1250District; it will be a stable, perpetual unit of local

1260government and will be able to maintain the infrastructure

1269servicing the lands within the District; and it will allow

1279growth within the District to pay for itself at no cost to the

1292City.

129316. Subject 21, Governmental Efficiency, provides that

1300governments shall economically and efficiently provide the

1307amount and quality of services required by the public. The

1317proposed District will be consistent wi th this element because

1327the proposed District will economically and efficiently

1334finance and deliver those public services and facilities as

1343needed by the District's residents and property owners. The

1352proposed District will be professionally managed, finan ced,

1360and governed by those whose property directly receives the

1369benefits of the services and the facilities provided.

1377Creating a District does not burden the general taxpayer with

1387the costs for the services or facilities inside the proposed

1397District.

139817. Based on the testimony and exhibits in the record,

1408the proposed District will not be inconsistent with any

1417applicable element or portion of the State Comprehensive Plan.

142618. The City of Jacksonville Comprehensive Plan contains

1434various elements which ar e supported by numerous goals and

1444objectives. Mr. Walters testified that portions of three of

1453these elements were relevant when determining whether or not

1462the proposed District was inconsistent with the local

1470comprehensive plan.

147219. Within the Future La nd Use Element are Goals and

1483Objectives which are targeted to effectively manage growth in

1492areas designated to accommodate future development and provide

1500services in a cost - efficient manner. The proposed District is

1511consistent with this plan element. The development within the

1520proposed District is part of a Chapter 380, Florida Statutes,

1530Development Order, which states that the "development is

1538consistent with the local comprehensive plan and local land

1547development and zoning regulations." The Development Order

1554itself specifically notes that a community development

1561district may be established. The proposed District is a

1570recognized vehicle to provide the necessary services and

1578facilities to the lands within the boundaries of the proposed

1588District consisten t with the City of Jacksonville

1596Comprehensive Plan’s objective of coordinating land uses with

1604urban services delivery.

160720. The goal of the Intergovernmental Coordination

1614Element is to establish processes among various governmental,

1622public, and private ent ities to coordinate development

1630activities, preservation of the quality of life, and the

1639efficient use of available resources. The proposed District

1647will assist in the coordination process by providing and

1656maintaining community infrastructure in a way tha t is not

1666inconsistent with the plans and activities of related public

1675and private agencies.

167821. The Capital Improvements Element is intended to

1686provide necessary infrastructure in a timely and orderly

1694manner. The proposed District will expand the areas within

1703the City that receive infrastructure in a manner consistent

1712with the Development Order for the area and the City of

1723Jacksonville Comprehensive Plan.

172622. Based on the evidence in the record, the proposed

1736District will not be inconsistent with any applicable element

1745or portion of the local Comprehensive Plan, and will in fact

1756further the goals provided.

176023. The Florida Department of Community Affairs (DCA)

1768reviewed the Petition for compliance with its various programs

1777and responsibilities. After conducting a review of the

1785petition for consistency with the approved Development Order

1793and Comprehensive Plan, the DCA concluded that the Petition

1802for the Establishment of the Bartram Springs Community

1810Development District was not inconsistent with either the

1818Comprehensive Plan or Development Order.

1823c. Whether the area of land within the proposed district

1833is of sufficient size, is sufficiently compact, and is

1842sufficiently contiguous to be developable as one functional

1850interrelated community.

185224. Testim ony on this criterion was provided by Messrs.

1862Miller, Walters, and Fishkind. The proposed District will

1870include approximately 1,025 acres, located within the borders

1879of the City.

188225. All of the land in the proposed District is part of

1894a planned communit y included in the Bartram Park Development

1904of Regional Impact (the DRI).

190926. Functional interrelation means that each community

1916purpose has a mutual reinforcing relationship with each of the

1926community's other purposes. Each function requires a

1933managemen t capability, funding source, and an understanding of

1942the size of the community's needs, so as to handle the growth

1954and development of the community. Each function must be

1963designed to contribute to the development or the maintenance

1972of the community.

197527 . The size of the District as proposed is

1985approximately 1,025 acres. From a planning perspective, this

1994is a sufficient size to accommodate the basic infrastructure

2003facilities and services typical of a functionally interrelated

2011community. The proposed fa cilities can be provided in an

2021efficient, functional, and integrated manner.

202628. Compactness relates to the location in distance

2034between the lands and land uses within a community. The

2044community is sufficiently compact to be developed as a

2053functionally inter - related community. The compact

2060configuration of the lands will allow the District to provide

2070for the installation and maintenance of its infrastructure in

2079a long - term, cost - efficient manner.

208729. Petitioner is developing all of the lands within the

2097District as a single master - planned community. All of these

2108lands are governed by the DRI issued by the City.

211830. From planning, economics, engineering, and

2124management perspectives, the area of land to be included in

2134the proposed District is of suffici ent size, is sufficiently

2144compact, and is sufficiently contiguous to be developed as a

2154single functionally interrelated community.

2158d. Whether the proposed district is the best alternative

2167available for delivering community development services and

2174facili ties to the area that will be served by the proposed

2186district.

218731. It is presently intended that the District will

2196construct or provide certain infrastructure improvements as

2203outlined in the Petition.

220732. Installation and maintenance of infrastructure

2213systems and services by the proposed District is expected to

2223be paid through the imposition of special assessments. Use of

2233such assessments will ensure that the real property benefiting

2242from District services is the same property which pays for

2252them.

225333 . Two alternatives to the use of the District were

2264identified. First, the City might provide facilities and

2272services from its general fund. Second, facilities and

2280services might be provided by some private means, with

2289maintenance delegated to a property owners' association or a

2298home owners' association.

230134. The District is preferable to these alternatives at

2310focusing attention on when, where, and how the next system of

2321infrastructure will be required. This results in a full

2330utilization of existing fa cilities before new facilities are

2339constructed and reduces the delivered cost to the citizens

2348being served.

235035. The District will construct certain infrastructure

2357and community facilities which will be needed by the property

2367owners and residents of the p roject. Expenses for the

2377operation and maintenance of the facilities the District

2385retains are expected to be paid through maintenance

2393assessments to ensure that the property receiving the benefit

2402of the district services is the same property paying for th ose

2414services.

241536. Only a community development district allows for the

2424independent financing, administration, operations, and

2429maintenance of the land within such a district. Only a

2439community development district allows district residents to

2446ultimately c ompletely control the district. The other

2454alternatives do not have these characteristics.

246037. From an engineering perspective, the proposed

2467District is the best alternative to provide the proposed

2476community development services and facilities to the lan d

2485included in the proposed District because it is a long - term,

2497stable, perpetual entity capable of maintaining the facilities

2505over their expected life.

250938. From planning, economic, engineering, and special

2516district management perspectives, the proposed D istrict is the

2525best alternative available for delivering community

2531development services and facilities to the area that will be

2541served by the District.

2545e. Whether the community development services and

2552facilities of the proposed district will be incompat ible with

2562the capacity and uses of existing local and regional community

2572development services and facilities.

257639. The services and facilities proposed to be provided

2585by the District are not incompatible with uses and existing

2595local and regional facilitie s and services. The District's

2604facilities and services will not duplicate any existing

2612regional services or facilities. None of the proposed

2620services or facilities are presently being provided by another

2629entity for the lands to be included within the Dist rict.

264040. Therefore, the community development services and

2647facilities of the proposed district will not be incompatible

2656with the capacity and uses of existing local and regional

2666community development services and facilities.

2671f. Whether the area that w ill be served by the district

2683is amenable to separate special - district government.

269141. As cited previously, from planning, economic,

2698engineering, and special district management perspectives, the

2705area of land to be included in the proposed District is of

2717sufficient size, is sufficiently compact, and is sufficiently

2725contiguous to be developed and become a functionally

2733interrelated community. The community to be included in the

2742District has a need for certain basic infrastructure systems,

2751and the proposed District provides for an efficient mechanism

2760to oversee the installation of these improvements.

276742. From planning, engineering, economic, and management

2774perspectives, the area that will be served by the District is

2785amenable to separate special - district g overnment.

2793g. Other requirements imposed by statute or rule.

280143. Chapter 190, Florida Statutes, and Chapter 42 - 1,

2811Florida Administrative Code, impose specific requirements

2817regarding the petition and other information to be submitted

2826to the Commission.

282944. The Commission has certified that the Petition to

2838Establish the Bartram Springs Community Development District

2845meets all of the requirements of Section 190.005(1)(a),

2853Florida Statutes.

285545. The SERC contains an estimate of the costs and

2865benefits to all persons directly affected by the proposed rule

2875to establish the District -- the State of Florida and its

2886citizens, the City and its citizens, Petitioner, and

2894consumers.

289546. Beyond administrative costs related to rule

2902adoption, the State and its citiz ens will only incur minimal

2913costs from establishing the District. These costs are related

2922to the incremental costs to various agencies of reviewing one

2932additional local government report. The proposed District

2939will require no subsidies from the State. B enefits will

2949include improved planning and coordination of development,

2956which is difficult to quantify but nonetheless substantial.

296447. Administrative costs incurred by the City related to

2973rule adoption will be modest. These modest costs are offset

2983by t he $15,000 filing fee required to accompany the Petition

2995to the City.

299848. Residents within the District will pay non - ad

3008valorem or special assessments for certain facilities.

3015Locating within the District is voluntary. Generally,

3022District financing will be less expensive than maintenance

3030through a property owners' association or capital improvements

3038financed through developer loans. Benefits to residents

3045within the community development district will include a

3053higher level of public services and ameniti es than might

3063otherwise be available, completion of District - sponsored

3071improvements to the area on a timely basis, and a larger share

3083of direct control over community development services and

3091facilities within the area.

309549. Section 190.005(1)(a), Florida Statutes, requires a

3102petition to include a SERC which meets the requirements of

3112Section 120.541, Florida Statutes. The Petition filed herein

3120contains a SERC. It meets all requirements of Section

3129120.541, Florida Statutes.

313250. Petitioner has complied w ith the provisions of

3141Section 190.005(1)(b)1., Florida Statutes, in that the City

3149was provided four copies of the Petition and was paid the

3160requisite filing fee.

316351. Section 190.005(1)(d), Florida Statutes, requires

3169the Petitioner to publish notice of the local public hearing

3179in a newspaper of general circulation in Duval County for four

3190consecutive weeks prior to the hearing. The notice was

3199published in a newspaper of general paid circulation in Duval

3209County ( The Florida Times Union ) for four consecutive weeks on

3221May 3, May 10, May 17, and May 24, 2002.

3231CONCLUSIONS OF LAW

323452. This proceeding is governed by Chapters 120 and 190,

3244Florida Statutes, and Chapter 42 - 1, Florida Administrative

3253Code.

325453. The proceeding was properly noticed pursuant to

3262Section 190.005, Florida Statutes, by publication of an

3270advertisement in a newspaper of general paid circulation in

3279Duval County and of general interest and readership once each

3289week for the four consecutive weeks immediately prior to the

3299hearing.

330054. Petitioner has met the requirements of Section

3308190.005, Florida Statutes, regarding the submission of a

3316petition and satisfaction of filing fee requirements.

332355. Petitioner bears the burden of establishing that the

3332petition meets the relevant statutory criteria set forth in

3341Section 190.005(1)(e), Florida Statutes.

334556. A ll portions of the Petition and other submittals

3355have been completed and filed as required by law.

336457. All statements contained within the Petition as

3372corrected and supplemented at the hearing are tr ue and

3382correct.

338358. The establishment of the District is not

3391inconsistent with any applicable element or portion of the

3400State Comprehensive Plan or the effective City of Jacksonville

3409Comprehensive Plan.

341159. The area of land within the proposed District is of

3422sufficient size, is sufficiently compact, and is sufficiently

3430contiguous to be developable as one functional interrelated

3438community.

343960. The proposed District is the best alternative

3447available for delivering community development services and

3454facili ties to the area that will be served by the District.

346661. The community development services and facilities of

3474the proposed District will not be incompatible with the

3483capacity and uses of existing local and regional community

3492development services and faci lities.

349762. The area to be served by the proposed District is

3508amenable to separate special district government.

3514RECOMMENDATION

3515Based on the foregoing Findings of Fact and Conclusions

3524of Law, it is

3528RECOMMENDED that the Florida Land and Water Adjudicatory

3536Commission, pursuant to Chapters 120 and 190, Florida

3544Statutes, and Chapter 42 - 1, Florida Administrative Code,

3553establish the Bartram Springs Community Development District,

3560as requested by Petitioner, by formal adoption of the proposed

3570rule attached to this Report as Appendix C.

3578DONE AND ENTERED this 19th day of June, 2002, in

3588Tallahassee, Leon County, Florida.

3592___________________________________

3593DONALD R. ALEXANDER

3596Administrative Law Judge

3599Division of Administrative Hearings

3603The DeSoto Building

36061230 Apalachee Parkway

3609Tallahassee, Florida 32399 - 3060

3614(850) 488 - 9675 SUNCOM 278 - 9675

3622Fax Filing (850) 921 - 6847

3628www.doah.state.fl.u s

3630Filed with the Clerk of the

3636Division of Administrative Hearings

3640this 19th day of June, 2002.

3646COPIES FURNISHED:

3648Cheryl G. Stuart, Esquire

3652Hopping Green & Sams, P.A.

3657Post Office Box 6526

3661Tallahassee, Florida 32314 - 6526

3666Charles Canady, General Counsel

3670Florida Land and Water

3674Adjudicatory Commission

3676Office of the Governor

3680The Capitol, Room 209

3684Tallahassee, Florida 32399 - 0001

3689Donna Arduin, Secretary

3692Florida Land and Water

3696Adjudicatory Commission

3698Office of the Governor

3702The Capitol, Room 2105

3706Tallahassee, Florida 32399 - 0001

3711Barbara Leighty, Clerk

3714Growth Management and Strategic Planning

3719The Capitol, Room 2105

3723Tallahassee, Florida 32399 - 0001

3728Gregory M. Munson, Esquire

3732Office of the Governor

3736400 South Monroe Street, Roo m 209

3743Tallahassee, Florida 32399 - 6536

3748APPENDIX A

3750Petitioner's Witnesses at Hearing

3754J. Thomas Gillette, III

3758SouthStar Development Partners, Inc.

37624720 Salisbury Road, Suite 126

3767Jacksonville, Florida 32256 - 6101

3772Douglas C. Miller, P.E.

3776England, Thims & Miller, Inc.

378114775 St. Augustine Road

3785Jacksonville, Florida 32258 - 2463

3790Gary R. Walters

3793Gary Walters & Associates

379712 Crooked Tree Trail

3801Ormond Beach, Florida 32174 - 4338

3807Dr. Henry H. Fishkind

3811Fishkind & Associates, Inc.

381511869 High Tech Avenue

3819Orlando, Fl orida 32817 - 1490

3825APPENDIX B

3827List of Petitioner's Exhibits

3831Exhibit Number Exhibit Description

38351 Petition with attachments

38392 Notice of Receipt of Petition

38453 Division of Administrative Hearings

3850Referral Letter

38524 Department of Community Affairs

3857Tr ansmittal Letter

38605 Department of Community Affairs Review

3866Letter

38676 Ordinance 2000 - 451 - E

38747 State Comprehensive Plan

38788 The Florida Times Union Proof of

3885Publication

3886APPENDIX C

3888Text of Proposed Rule

3892CHAPTER 42___ - 1

3896BARTRAM SPRINGS COMMUNITY DEVELOPMENT DISTRIC T

390242___ - 1.001 Establishment.

390642___ - 1.002 Boundary.

391042___ - 1.003 Supervisors.

391442____ - 1.001 Creation. The Bartram Springs Community

3922Development District is hereby established.

3927Specific Authority 120.53(1), 190.005 F.S. Law Implemented

3934190.005 F.S. H istory - New

394042 ____ - 1.002 Boundary. The boundaries of the District

3950are as follows:

3953A portion of Sections 28, 29, 32 and 33, together with a

3965portion of Section 48, of the Christopher Minchin Grant, all

3975lying in Township 4 South, Range 28 East, Duval Count y,

3986Florida, being more particularly described as follows:

3993For a Point of Reference, commence at the corner common to

4004said Sections 32 and 33, Township 4 South, Range 28 East, said

4016Duval County and Sections 4 and 5, Township 5 South, Range 28

4028East, St. Joh ns County, Florida, said corner also lying on the

4040county line dividing said Duval and St. Johns Counties; thence

4050North 89° 04' 41" East, along said county line, 3281.18 feet;

4061thence North 00° 55' 19" West, departing said county line,

40715.00 feet to the Point of Beginning.

4078From said Point of Beginning, thence South 89° 04' 41" West,

40893281.22 feet to a point lying on the line common to said

4101Sections 32 and 33; thence South 89° 33' 42" West, departing

4112said common line, 699.85 feet to the Easterly limited access

4122right of way line of State Road No. 9B, a variable width right

4135of way as established on State Road Department Right of Way

4146Map Section 72002 - 2513, dated 09 - 08 - 92; thence Northwesterly

4159and Northeasterly, along said Easterly limited access right of

4168way line, the following courses: (1) North 40° 25' 37" West,

41792161.10 feet to the Point of Curvature of a curve, concave

4190Northeasterly having a radius of 2744.79 feet; (2) along the

4200arc of said curve, through a central angle of 14° 47' 23", an

4213arc length of 708.51 f eet to the Point of Tangency of said

4226curve, said arc being subtended by a chord bearing and

4236distance of North 33° 01' 55" West, 706.55 feet; (3) North 25°

424838' 14" West, 2143.97 feet to the Point of Curvature of a

4260curve, concave Easterly having a radius of 1789.86 feet; (4)

4270along the arc of said curve through a central angle of 37° 18'

428323", an arc length of 1165.41 feet to a point on said curve,

4296said arc being subtended by a chord bearing and distance of

4307North 06° 59' 02" West, 1144.93 feet; (5) North 10° 17 ' 40"

4320East, along a non - tangent bearing, 500.14 feet; (6) North 11°

433240' 10" East, 1913.60 feet to a point lying on the Southerly

4344line of the North 1/2 of said Section 29; thence North 88°

435642' 41" East, departing said Easterly limited access right of

4366way l ine and along last said line, 2914.25 feet to the

4378Southwest corner of the Northwest 1/4 of said Section 28;

4388thence North 89° 02' 27" East, along the Southerly line of the

4400Northwest 1/4 of said Section 28, a distance of 233.49 feet to

4412a point lying on the W esterly right of way line of the Florida

4426East Coast Railroad, a 100 foot right of way as now

4437established; thence South 41° 00' 02" East, along said

4446Westerly right of way line, 1203.71 feet to a point lying on

4458the Westerly line of the Easterly 1/4 of the No rthwest 1/4 of

4471the Southwest 1/4 of said Section 28; thence South 00° 59' 05"

4483East, departing said Westerly right of way line and along said

4494Westerly line of the Easterly 1/4, a distance of 424.47 feet

4505to the Southwest corner of said East 1/4 of the Northw est 1/4

4518of the Southwest 1/4; thence North 88° 54' 34" East, along the

4530Southerly line of said East 1/4, a distance of 355.82 feet to

4542a point lying on the aforementioned Westerly right of way

4552line; thence South 41° 00' 02" East, along said Westerly right

4563of way line, 6946.50 feet; thence South 81° 44' 38" West,

4574departing said Westerly right of way line, 1239.95 feet;

4583thence North 89° 51' 10" West, 1102.07 feet; thence South 10°

459416' 03" West, 955.68 feet to the Point of Beginning.

4604Containing 1025.40 acres, m ore or less.

4611Specific Authority 120.53(1), 190.005 F.S. Law Implemented

4618190.004, 190.005 F.S. History - New

462442____ - 1.003 Supervisors. The following five persons are

4633designated as the initial members of the Board of Supervisors:

4643J. Thomas Gillette, III , L. Alfredo Rodriguez - Walling, Walter

4653Kehoe, Thaddeus D. Rutherford, and Leo W. Johns.

4661Specific Authority 120.53(1), 190.005 F.S. Law Implemented

4668190.006(1) F.S. History - New.

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Date
Proceedings
PDF:
Date: 08/15/2002
Proceedings: Notice of Commission Meeting filed.
PDF:
Date: 06/19/2002
Proceedings: Recommended Order
PDF:
Date: 06/19/2002
Proceedings: Report to the Florida Land and Water Adjudicatory Commission issued (hearing held May 31, 2002) CASE CLOSED.
PDF:
Date: 06/19/2002
Proceedings: Recommended Order cover letter identifying hearing record referred to the Agency sent out.
PDF:
Date: 06/12/2002
Proceedings: (Proposed) Proposed Report of Findings and Conclusions filed by Petitioner.
PDF:
Date: 06/12/2002
Proceedings: Petitioner`s Notice of Filing of Supplemental Proposed Report of Findings and Conclusions filed.
PDF:
Date: 06/11/2002
Proceedings: Transcript filed.
PDF:
Date: 06/11/2002
Proceedings: Petitioner`s Notice of Filing of Proposed Report of Findings and Conclusions and Transcript of Local Public Hearing filed.
PDF:
Date: 06/11/2002
Proceedings: (Proposed) Proposed Report of Findings and Conclusions filed by Petitioner.
Date: 05/31/2002
Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
PDF:
Date: 05/28/2002
Proceedings: Petitioner`s Notice of Filing of Pre-Filled Direct Testimony filed.
PDF:
Date: 04/12/2002
Proceedings: Petitioner`s Response to Initial Order, Confirmation of Community Development District Establishment Hearing filed.
PDF:
Date: 04/12/2002
Proceedings: Notice of Hearing issued (hearing set for May 31, 2002; 1:00 p.m.; Jacksonville, FL).
PDF:
Date: 04/08/2002
Proceedings: Initial Order issued.
PDF:
Date: 04/03/2002
Proceedings: Petition to Establish the Bartram Springs Community Development District filed.
PDF:
Date: 04/03/2002
Proceedings: Agency referral filed.

Case Information

Judge:
D. R. ALEXANDER
Date Filed:
04/03/2002
Date Assignment:
04/08/2002
Last Docket Entry:
08/15/2002
Location:
Jacksonville, Florida
District:
Northern
Agency:
Office of the Governor
 

Counsels

Related Florida Statute(s) (5):