02-001343
In Re: Petition For Rule Creation - Bartram Springs Community Development District vs.
*
Status: Closed
Recommended Order on Wednesday, June 19, 2002.
Recommended Order on Wednesday, June 19, 2002.
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 Plans 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.
- Date
- Proceedings
- 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: 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).
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
-
Donna Arduin, Secretary
Address of Record -
Barbara R. Leighty, Agency Clerk
Address of Record -
Cheryl G Stuart, Esquire
Address of Record