92-002359
Disney Development Company, Enterprise Community Development District vs.
Florida Land And Water Adjudicatory Commission And Monroe County
Status: Closed
Recommended Order on Wednesday, September 16, 1992.
Recommended Order on Wednesday, September 16, 1992.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8IN RE: A RULE TO ESTABLISH THE )
16ENTERPRISE COMMUNITY DEVELOPMENT ) Case No. 92-2359
23DISTRICT, )
25_________________________________)
26REPORT OF FINDINGS AND CONCLUSIONS
31ON ESTABLISHMENT OF THE ENTERPRISE CDD
37On July 10, 1992, a local public hearing was held pursuant to Section
50190.005(1)(d), Fla. Stat., in the above captioned proceeding before Mary Clark,
61Hearing Officer, Division of Administrative Hearings. The hearing was held in
72the City Commission Chambers, City Hall, 101 North Church Street, Kissimmee,
83Florida. The hearing was conducted to take testimony and receive public comment
95on the petition of the Disney Development Company to establish the Enterprise
107Community Development District ("Enterprise CDD" or "CDD") and the Celebration
119Community Development District ("Celebration CDD").
126This Report of Findings and Conclusions regarding establishment of the
136Enterprise CDD is prepared and submitted to the Florida Land and Water
148Adjudicatory Commission ("FLWAC") in accordance with Section 190.005, Fla.
159Stat., and Section 42-1.013, Fla. Admin. Code.
166APPEARANCES
167Petitioner, Disney Development Company ("DDC") was represented by Robert
178M. Rhodes and Cathy M. Sellers, Steel Hector & Davis, 215 South Monroe Street,
192Tallahassee, Florida. In support of the Petition for Establishment of the
203Enterprise CDD, DDC presented the testimony of Tom Lewis, Jr.; Joseph E. Harris;
216Robert J. Whidden; Gary L. Moyer; and Dr. Henry H. Fishkind, the full names and
231addresses of whom are attached to this Report as Appendix A. Composite Exhibits
2441 and 3 through 5, a list and description of which are attached to this Report
260as Appendix B, were also proferred and accepted into evidence on behalf of DDC.
274Mr. William J. Goaziou, Osceola County Administrator, appeared on behalf
284of the County. Mr. Goaziou stated that the Osceola County Board of County
297Commissioners adopted a resolution in support of establishment of the Enterprise
308and Celebration CDDs. He reiterated the County's strong support for creation of
320the CDDs. (Tr. 81-82; Composite Ex. 4.). The Reedy Creek Improvement District
332("RCID") submitted a letter to FLWAC expressing RCID's support for creation of
346the Enterprise and Celebration CDDs. This letter was admitted into evidence at
358the hearing as part of Composite Exhibit 4.
366Procedural Background
368On April 3, 1992, DDC filed with FLWAC a Petition to Establish the
381Enterprise CDD. DDC requests adoption of a rule by FLWAC, pursuant to Section
394190.005(1), Fla. Stat., establishing the Enterprise CDD. The land area in the
406Enterprise CDD consists of approximately 1,552 acres located in unincorporated
417Osceola County and currently included in RCID. The Petition to Establish the
429Enterprise CDD and attached exhibits A through L were admitted into evidence at
442the hearing as Composite Exhibit 1.
448On April 13, 1992, FLWAC determined the Enterprise CDD Petition complete
459and forwarded it to the Division of Administrative Hearings.
468On April 28, 1992, a local public hearing to address the Petition was
481scheduled for July 10, 1992, in the City of Kissimmee. DDC was required to
495publish notice and to provide other such notice as required by Section 190.005,
508Fla. Stat. and Chapter 42-1, Fla. Admin. Code. Pursuant to Section 42-
5201.010(1)(b), Fla. Admin. Code, FLWAC published Notice of Receipt of Petition for
532the Enterprise CDD in the Florida Administrative Weekly on May 22, 1992.
544Pursuant to Section 190.005(1)(d), Fla. Stat. and Section 42-1.011, Fla. Admin.
555Code, a Notice of Local Hearing for the Enterprise CDD was published in the
569Osceola News-Gazette for four consecutive weeks immediately prior to the
579hearing. A copy of the Notice of Local Hearing for the Enterprise CDD was mailed
594to the Reedy Creek Improvement District, Osceola County, the members of the
606Board of Supervisors of the Enterprise CDD, and the Secretary of the Department
619of Community Affairs, as required by Section 42- 1.011(1)(b), Fla. Admin. Code.
631Additionally, on July 8, 1992, proof of publication of the Notice of Local
644Hearing in the Osceola News- Gazette was furnished to the Secretary of FLWAC, as
658required by Section 42-1.011(1)(a), Fla. Admin. Code. Proof that DDC met all
670notice requirements for the hearing on the Enterprise CDD was received into
682evidence as Composite Exhibit 3.
687Also on April 3, 1992, DDC filed with the Reedy Creek Improvement District
700and with Osceola County a copy of the Petition to Establish the Enterprise CDD,
714along with the required $15,000 filing fee for each Petition. Copies of
727receipts for the filing fees from the Reedy Creek Improvement District and
739Osceola County were received into evidence as Composite Exhibit 5.
749Section 190.005(1)(c), Fla. Stat., provides that the county and each
759municipality the boundaries of which are contiguous with, or contain all or a
772portion of, the land within the external boundaries of the district may conduct
785a public hearing within 45 days of filing of a petition to create a CDD. There
801are no municipalities the boundaries of which are contiguous with or contain all
814or a portion of the land within the external boundaries of the Enterprise CDD.
828The Enterprise CDD will be located in unincorporated Osceola County. Osceola
839County did not hold a public hearing pursuant to Section 190.005(1)(c), Fla.
851Stat.
852The local public hearing in this matter was conducted in accordance with
864Section 190.005(1)(d), Fla. Stat., and Section 42- 1.012, Fla. Admin. Code. A
876transcript was filed with the Hearing Officer on July 28, 1992. A copy of the
891transcript is transmitted with this proposed Report of Findings and Conclusions.
902Although two petitions, this and the petition for the celebration CDD, were
914consolidated for conduct of the public hearing, separate reports are being
925submitted.
926In accordance with Section 42-1.012(3), Fla. Admin. Code, the record in
937this matter remained open until July 20, 1992 to allow submittal of written
950statements in support of or opposition to the Petition. No written statements
962were filed regarding creation of the Enterprise CDD.
970DDC was given leave to file a proposed Report of Findings and Conclusions
983no later than fourteen days after the transcript was filed with the Hearing
996Officer. (Tr. 84). DDC timely filed the proposed Report of Findings and
1008Conclusions which report is substantially adopted here.
1015OVERVIEW
10161. DDC seeks to establish the Enterprise CDD, which will be located in
1029unincorporated Osceola County and the Reedy Creek Improvement District. Once
1039established, the Enterprise CDD will be an independent special taxing district
1050authorized under Chapter 190, Fla. Stat. The district will have all powers set
1063forth in Chapter 190, Fla. Stat., including, but not limited to, the ability to
1077finance, own, operate, and maintain certain infrastructure and provide certain
1087community services as set forth in Sections 190.011 and 190.012, Fla. Stat.
10992. The Enterprise CDD will serve predominantly commercial land uses being
1110developed as part of the mixed-use Celebration Development of Regional Impact
1121("Celebration DRI") pursuant to the terms and conditions of all applicable land
1135use approvals and environmental permits. The sole purpose of this proceeding is
1147to consider the establishment of the Enterprise CDD, which, pursuant to Section
1159190.002(2)(d), Fla. Stat., is based only on factors material to managing and
1171financing the service-delivery function of the district. Thus, any matter
1181concerning permitting or planning of the development is not material or relevant
1193to CDD establishment. However, pursuant to Section 190.002(2)(c), Fla. Stat.,
1203development within a CDD is subject to all applicable government planning and
1215permitting requirements.
1217Summary of Evidence and Testimony
12223. Testimony of Tom Lewis, Jr.: Mr. Lewis is Vice President of Community
1235Development for the Disney Development Company, Petitioner in this proceeding.
1245(Tr. 7). Mr. Lewis was responsible for selecting and supervising the team of
1258DDC employees, planners, engineers, and other professionals who compiled the
1268information for assembly and filing of the Petition to Establish the Enterprise
1280CDD. He identified Composite Exhibit 1, the Petition to Establish the Enterprise
1292CDD. At the hearing, Mr. Lewis made two corrections to the Petition as filed
1306with FLWAC: (1) the name of the "Celebration West" CDD as provided in the
1320Petition filed with FLWAC, has been changed to "Enterprise" CDD to reflect the
1333commercial nature of the development planned for the land area in the CDD; and
1347(2) the Enterprise CDD will offer security services in addition to the other
1360services authorized by Section 190.012, Fla. Stat., proposed to be offered upon
1372obtaining consent from Osceola County. (Tr. 16). With these corrections, all
1383statements in the Petition and the exhibits attached thereto are true and
1395correct, as required by Section 190.005(1)(e)1, Fla. Stat.
14034. Mr. Lewis discussed DDC's objectives in establishing the Enterprise
1413CDD. DDC is in the process of obtaining necessary environmental permits and land
1426use approvals to develop the Celebration DRI, a mixed-use community consisting
1437of commercial, residential, entertainment, and institutional land uses, to be
1447developed on the land area in the Enterprise CDD and another CDD, the
1460Celebration CDD. Concurrent with submittal of the Petition for Establishment of
1471the Enterprise CDD DDC has submitted a Petition for Establishment of the
1483Celebration CDD. (Tr. 11; Composite Ex. 2). The Enterprise CDD is being
1495established to provide a financing vehicle for the construction, operation, and
1506maintenance of infrastructure and the provision of community services to the
1517commercial portion of the Celebration DRI. Similarly, the Celebration CDD is
1528being established to provide a financing vehicle for the construction,
1538operation, and maintenance of infrastructure and the provision of community
1548services to the residential portion of the Celebration DRI. The CDDs will ensure
1561district businesses and residents pay for the services and facilities they
1572receive, and will ensure additional financial burdens are not imposed on Osceola
1584County residents to pay for infrastructure and services that will serve the
1596Celebration DRI. (Tr. 8-9).
16005. Mr. Lewis described the location and boundaries of the Enterprise CDD.
1612The Enterprise CDD is located in the Reedy Creek Improvement District, south of
1625U.S. 192, north of Interstate 4, and west of the Bonnett Creek Canal. A small
1640portion of the Enterprise CDD will be located east of the Southern Connector
1653Extension. (Tr. 11; Composite Ex. 1, attachments A, C). Mr. Lewis also described
1666the location of the Enterprise CDD in relation to the Celebration CDD. The
1679Celebration CDD will be located immediately south of and geographically
1689separated from Enterprise by I-4. (Tr. 11; Composite Ex. 2, attachments A, C,
1702K). Mr. Lewis explained that once a DRI development order has been issued by
1716Osceola County for the Celebration DRI, the land area in the Celebration DRI,
1729including the land in the Enterprise CDD, will be contracted out of the Reedy
1743Creek Improvement District and will come under the jurisdiction of Osceola
1754County. (Tr. 12); Composite Ex. 1, attachment K).
17626. DDC seeks to establish two CDDs rather than one for the following
1775reasons: First, the I-4 and Southern Connector Extension corridors
1784geographically separate the land to be included in the Enterprise and
1795Celebration CDDs, imposing a physical barrier to efficient, effective delivery
1805of continuous infrastructure to the two areas. (Tr. 14). Second, the primary
1817land uses proposed for the two CDDs are different and therefore will likely have
1831different infrastructure and service needs. (Tr. 14). Third, creating two CDDs
1842will enhance accountability of the districts through more precise levy of
1853assessments according to the types of land uses being served. (Tr. 14-15).
1865Fourth, creating two CDDs will facilitate more efficient facilities and services
1876provision because each CDD will be specifically keyed to providing
1886infrastructure and services to a particular type of development. (Tr. 15).
18977. The owners of the land to be included in the Enterprise CDD are the
1912Madeira Land Company and the Reedy Creek Improvement District, which owns some
1924canal rights-of-way. DDC has obtained the necessary consent from the owners of
1936the lands to be included in the CDD. (Tr. 15; Composite Ex. 1, attachment D).
19518. There is no real property contained entirely in the Enterprise CDD
1963which is to be excluded from the CDD. (Tr. 17).
19739. The five persons designated to serve on the initial Board of
1985Supervisors for the Enterprise CDD are listed in the Petition to Establish the
1998Enterprise CDD (Composite Ex. 1, pp. 2-3; Tr. 17), and are listed on Appendix C
2013attached hereto. All are citizens of the United States and residents of the
2026state of Florida. (Tr. 17).
203110. Mr. Lewis described the existing and proposed land uses for the land
2044area in the Enterprise CDD. Currently, the land is vacant, unimproved
2055agricultural land. (Tr. 18). As part of the Celebration DRI, the land area in
2069the Enterprise CDD will consist of predominantly commercial uses, with ancillary
2080residential and recreational uses. (Tr. 13).
208611. Once established, the Enterprise CDD will provide surface water
2096management and potable water, wastewater treatment, and effluent reuse
2105facilities, and roadways and bridges. Once consent has been obtained from
2116Osceola County, the CDD will provide recreational improvements, fire prevention,
2126mosquito control, and security services. (Tr. 18-19). Upon obtaining consent
2136from the Osceola County School Board, the CDD will provide school buildings.
2148(Tr. 18; Composite Ex. 1, p. 6).
215512. Testimony of Joseph E. Harris: Mr. Harris is a civil engineer with
2168Ivey, Harris, & Walls engineering firm. He is a registered professional engineer
2180in the state of Florida and has over fifteen years of engineering experience in
2194design and construction of public and private development projects. (Tr. 22). He
2206previously has been qualified as an expert witness in civil engineering. (Tr.
221822). At the hearing, he was qualified as an expert in civil engineering. (Tr.
223222).
223313. In his review of the engineering design and operation of the
2245Enterprise CDD, Mr. Harris particularly considered two factors in Section
2255190.005, Fla. Stat.: whether the land area in the CDD is of sufficient size, is
2270sufficiently compact, and is sufficiently contiguous to be developable as a
2281functional interrelated community; and whether the community development
2289services and facilities of the Enterprise CDD will be incompatible with the
2301capacity and uses of existing local and regional community development services
2312and facilities. (Tr. 23).
231614. Mr. Harris testified regarding the design, location, and operation of
2327the existing and proposed drainage facilities for the Enterprise CDD. Existing
2338drainage for the land to be included in the Enterprise CDD consists of a series
2353of culverts originating from Reedy Creek Improvement District land north of U.S.
2365192. The culverts pass under U.S. 192, directing drainage south over the land
2378that will be included in the Enterprise CDD. Some drainage flows into Reedy
2391Creek; the rest flows through culverts passing under I-4. The drainage
2402ultimately flows into Reedy Creek and out of the Reedy Creek Improvement
2414District through the S-40 water control structure. (Tr. 23; Composite Ex. 1,
2426attachment F). The proposed drainage facilities for the Enterprise CDD will
2437consist of the existing facilities, plus a secondary drainage system consisting
2448of on-site retention facilities for each parcel of land in the Enterprise CDD.
2461(Tr. 24; Composite Ex. 1, attachment G). Prior to construction of the proposed
2474drainage improvements, the CDD must obtain approval from the Reedy Creek
2485Improvement District. (Composite Ex. 1, p. 4).
249215. Mr. Harris also testified as to the design, location, and operation
2504of the proposed potable water facilities for the Enterprise CDD. Two water
2516treatment plants with wells are proposed to be located in the CDD. A 20-inch
2530water main will connect the two water treatment plants and will distribute
2542potable water to each parcel in the CDD. (Tr. 24; Composite Ex. 1, attachment
2556E).
255716. Mr. Harris testified as to the design, location, and operation of the
2570proposed wastewater treatment facilities for the Enterprise CDD. The wastewater
2580treatment plant is proposed to be located in the southwest corner of the CDD.
2594Wastewater is conveyed by gravity from each parcel in the CDD to a lift station,
2609pumped through a 12- inch force main to a 16-inch force main, and through the
262416-inch force main to the treatment plant. (Tr. 24-25; Composite Ex. 1,
2636attachment E). Because the land in the Enterprise CDD will be contracted out of
2650the Reedy Creek Improvement District upon issuance of a DRI development order
2662for the Celebration DRI, the development in the Enterprise CDD will obtain
2674wastewater services from the CDD's wastewater treatment plant rather than
2684connecting to the RCID central wastewater system.
269117. With regard to the proposed treated effluent reuse facilities for the
2703Enterprise CDD, Mr. Harris testified that treated effluent will be distributed
2714from the wastewater treatment plant through a 12-inch reuse main to the land in
2728the CDD. (Tr. 25; Composite Ex. 1, attachment E). The treated effluent will be
2742used to irrigate the lands in the CDD. (Composite Ex. 1, p. 4).
275518. Mr. Harris also testified as to the proposed design and location of
2768the roadways, bridges, and related improvements for the Enterprise CDD. World
2779Drive will be extended south from U.S. 192, and an interchange is proposed to be
2794constructed at the intersection of I-4 and World Drive. Local and arterial roads
2807serving the parcels in the CDD also will be provided. All roadways will be
2821constructed to appropriate Florida Department of Transportation (FDOT) and
2830Osceola County standards. Street lights also will be provided. (Tr. 25-26;
2841Composite Ex. 1, p. 5, attachment I).
284819. Mr. Harris testified regarding the location and types of recreational
2859facilities to be provided by the Enterprise CDD. The CDD will provide golf cart
2873paths, bicycle pathways, and pedestrian walkways throughout the CDD. Open space
2884and other recreational amenities also will be provided. (Tr. 26; Composite Ex.
28961, attachment J).
289920. Using Exhibit H to the Petition (Tr. 26, Composite Ex. 1, attachment
2912H), Mr. Harris testified regarding the estimated costs and construction
2922timeframes projected for the drainage, potable water, wastewater, treated
2931effluent reuse, roadway, and recreational improvements, and mosquito and
2940security services that will be provided by the Enterprise CDD. He explained
2952that construction timeframes were determined matching the services and
2961facilities to be provided by the CDD to the years when they would be needed.
2976Drawings were produced depicting the facilities the CDD will provide. Needed
2987infrastructure quantities were projected using the drawings. Unit prices were
2997determined from previous Disney projects and other projects in the area. The
3009estimated unit prices were applied to the projected quantities to produce the
3021estimated cost schedule. (Tr. 27; Composite Ex. 1, attachment H). In Mr.
3033Harris's opinion as an expert in engineering, the projected costs and
3044construction timeframes for the Enterprise CDD services and facilities are
3054reasonable. (Tr. 27).
305721. From Mr. Harris's perspective as an expert in engineering, based on
3069the proposed location, design, and operation of the proposed infrastructure, it
3080is his opinion the Enterprise CDD is of sufficient size, compactness, and
3092contiguity to be developable as one functional interrelated community. (Tr. 27-
310328).
310422. Also from Mr. Harris's expert perspective as an engineer, it is his
3117opinion the Enterprise CDD's facilities and services will be compatible with the
3129existing local and regional community services and facilities. (Tr. 28). In
3140reaching that conclusion, Mr. Harris noted that other than existing drainage
3151facilities currently provided by the Reedy Creek Improvement District, there are
3162no existing public services or facilities present or planned for the area to be
3176included in the Enterprise CDD. The CDD will provide these services and
3188facilities to the area. With respect to the drainage infrastructure, the
3199existing and proposed facilities will be functionally compatible. (Tr. 28). As
3210previously stated, to ensure compatibility, the Enterprise CDD will have to
3221obtain approval from the Reedy Creek Improvement District prior to construction
3232of any drainage facilities in the Enterprise CDD. (Tr. 28).
324223. Testimony of Robert J. Whidden: Mr. Whidden is a planner and a
3255principal in the firm of R.J. Whidden & Associates, a planning and consulting
3268firm located in Kissimmee, Florida. Mr. Whidden has approximately twenty years'
3279experience in planning, including master planning, site planning, pre-
3288development site analysis, and obtaining state and local environmental and land
3299use approvals for DRI-scale communities. Mr. Whidden previously has been
3309qualified as an expert in planning. At the hearing, Mr. Whidden was qualified as
3323an expert in community planning and design. (Tr. 36).
333224. In his review of the planning and design of the Enterprise CDD, Mr.
3346Whidden particularly considered four factors in Section 190.005(1)(e), Fla.
3355Stat.: consistency of the CDD with the State Comprehensive Plan and the
3367effective local comprehensive plan; sufficiency of CDD size, compactness, and
3377contiguity to be developable as a functional interrelated community; whether the
3388CDD is the best alternative for delivering community services and facilities to
3400the land area that will be served by the CDD; and whether the CDD services and
3416facilities will be incompatible with existing local and regional services and
3427facilities. (Tr. 37).
343025. Mr. Whidden testified regarding consistency of the Enterprise CDD
3440with the Reedy Creek Improvement District Comprehensive Plan ("RCID Plan").
3452Based on his review of the RCID Plan, he stated the RCID Plan did not contain
3468any provisions prohibiting or discouraging creation of CDDs. (Tr. 37). The
3479Future Land Use Element of the RCID Plan designates the land to be included in
3494the Enterprise CDD as Mixed-Use and Resource Management/Recreation. The land
3504uses proposed for the Enterprise CDD are predominantly commercial, with some
3515related complementary mixed uses. From Mr. Whidden's expert perspective as a
3526planner, the land uses in the Enterprise CDD are not inconsistent with those in
3540the RCID Plan. (Tr. 37-38).
354526. Mr. Whidden also testified as to consistency of the Enterprise CDD
3557with the Osceola County Comprehensive Plan (hereafter "Osceola Plan"). Based on
3569his review of the Osceola Plan, Mr. Whidden stated it does not contain any
3583provisions prohibiting or discouraging creation of CDDs. (Tr. 38). The Osceola
3594Plan does not designate any land uses or provide for any infrastructure or
3607services for the area included in the Enterprise CDD because the land currently
3620is in RCID and therefore not under Osceola County's jurisdiction. In
3631anticipation of contraction of the Celebration DRI lands out of RCID into
3643Osceola County, DDC has submitted a plan amendment to Osceola County for
3655designation of the land in the Enterprise CDD as Mixed-Use. This proposed
3667amendment to the Osceola Plan will be consistent with the predominantly
3678commercial land uses planned for the Enterprise CDD. The CDD will serve as the
3692vehicle for infrastructure and community services provision to the land area
3703included in the CDD. (Tr. 38-39). From his expert perspective as a planner, Mr.
3717Whidden opined that creation of the Enterprise CDD is not inconsistent with the
3730Osceola Plan. (Tr. 39-40).
373427. Mr. Whidden also testified that the Enterprise CDD is not
3745inconsistent with the State Comprehensive Plan, Chapter 187, Fla. Stat. (Tr.
375645). In evaluating Enterprise CDD consistency with the State Comprehensive Plan,
3767he considered several policies in the State Comprehensive Plan: Governmental
3777Efficiency Goal 21, Policy 2, regarding creation of independent special taxing
3788districts; Land Use Goal 16, Policy 1, encouraging development in areas which
3800will have the capacity to service new population and commerce; Public Facilities
3812Goal 18, Policy 3, allocating the cost of new public facilities on the basis of
3827benefits received by existing and future residents; Public Facilities Goal 18,
3838Policy 5, encouraging local government financial self-sufficiency in providing
3847public facilities; and Public Facilities Goal 18, Policy 6, implementing
3857innovative, fiscally-sound and cost-effective techniques for financing public
3865facilities. (Tr. 45-47).
386828. Based on Mr. Whidden's planning expertise and familiarity with the
3879State Comprehensive Plan, he concluded that creation of the Enterprise CDD is
3891not inconsistent with the State Comprehensive Plan. Specifically, both CDDs will
3902be created pursuant to Chapter 190, Fla. Stat., and FLWAC procedural rules in
3915Chapter 42-1, Fla. Admin. Code, and, thus, will meet the uniform general law and
3929procedure standards in Governmental Efficiency Goal 21, Policy 2, regarding
3939creation of independent special taxing districts. Moreover, because the
3948residents and businesses in the Enterprise CDD will pay assessments according to
3960the services and facilities they receive, the Enterprise CDD creation will not
3972overburden taxpayers in Osceola County or any other government entity. Since
3983Osceola County will not provide any services or facilities to the land area in
3997either CDD, CDD residents and businesses will not be assessed by the County for
4011these services and facilities, nor will Osceola County residents not living in
4023the CDD have to pay for services and facilities in the CDD. (Tr. 46). Based on
4039these considerations, in Mr. Whidden's expert opinion, the Enterprise CDD meets
4050the standards in Governmental Efficiency Goal 21, Policy 2 (Tr. 46-47), and is
4063not inconsistent with any other applicable State Comprehensive Plan policies.
4073(Tr. 45-46).
407529. From his expert perspective as a planner, Mr. Whidden testified that
4087creation of two separate CDDs is not inconsistent with the RCID Plan or the
4101Osceola County Plan. (Tr. 42-43). He noted that neither plan contains any
4113provisions prohibiting or discouraging CDD creation or limiting their numbers.
4123Moreover, there is no indication in either plan that creation of two CDDs will
4137hamper intergovernmental coordination with Osceola County or RCID, interfere
4146with or detract from facilities and services provision by Osceola County or
4158RCID, or burden residents of Osceola County or RCID. (Tr. 43).
416930. Also in Mr. Whidden's expert opinion, creation of two CDDs is not
4182inconsistent with any provisions of the State Comprehensive Plan. (Tr. 46-47).
4193The CDDs are being created pursuant to uniform general law standards in Chapter
4206190, Fla. Stat., consistent with Governmental Efficiency Goal 21, Policy 2.
4217Further, because each CDD will provide its own infrastructure and services to
4229serve its land area, there will not be any "double assessment" of taxpayers in
4243either the Enterprise CDD or the Celebration CDD. Further, creation of two CDDs
4256does not constitute a "proliferation" of districts discouraged in Governmental
4266Efficiency Goal 21, Policy 2. (Tr. 47).
427331. Based on his expertise as a planner, and having reviewed the
4285Enterprise CDD Petition and considered the testimony of Mr. Lewis and Mr.
4297Harris, Mr. Whidden testified that the Enterprise CDD is of sufficient size,
4309sufficient compactness, and sufficient contiguity to be developable as a
4319functional interrelated community. (Tr. 48). The Enterprise CDD will encompass
4329approximately 1600 acres, will not contain any enclaves or finger projections
4340that would render infrastructure and services provision difficult, and has an
4351efficient land use arrangement to facilitate resident mobility and services and
4362facilities provision. (Tr. 48).
436632. Mr. Whidden also testified that in his opinion, the Enterprise CDD is
4379the best alternative for services and infrastructure provision for the area to
4391be served by the CDD. (Tr. 48). The Osceola County Plan does not provide for
4406infrastructure or services provision to the area included in the Enterprise CDD;
4418the CDD will provide these facilities and services. (Tr. 48). CDDs are
4430preferable to homeowners' associations for services and facilities provision
4439because CDDs have taxing authority and thus can enforce liens to ensure
4451available funds for construction, operation, and maintenance of infrastructure
4460and services. Moreover, because CDDs can borrow at tax exempt interest rates and
4473because CDD assessments do not include developer profits, CDDs can provide
4484significant savings to residents in the infrastructure costs. (Tr. 48-49). CDD
4495provision of community services and infrastructure also is preferable to
4505provision by a general purpose local government, municipal services taxing unit
4516(MSTU), or municipal services benefit unit (MSBU) from an accountability and
4527efficiency standpoint. This is because the CDD's activities are specifically
4537keyed to infrastructure and services provision for the land area in the CDD,
4550whereas the general purpose local government's responsibilities are much
4559broader, and therefore less focused on the specific mission of providing
4570community infrastructure and services. (Tr. 49-50).
457633. From his expert planning perspective, Mr. Whidden testified that the
4587community development services and facilities of the Enterprise CDD will not be
4599incompatible with the capacity and uses of existing local and regional community
4611development services and facilities. (Tr. 51). Osceola County does not
4621contemplate any services or infrastructure provision to the land included in the
4633CDD, so the CDD will provide infrastructure and services that would not
4645otherwise be provided by local government. Upon contraction of the land out of
4658RCID into Osceola County, the lands in the Enterprise CDD will be subject to
4672Osceola County land use planning and regulatory jurisdiction. (Tr. 51-52). Thus,
4683the Enterprise CDD is not inconsistent with existing or planned local or
4695regional community development services or facilities. (Tr. 51).
470334. Testimony of Gary L. Moyer: Mr. Moyer is President and Chief
4715Executive Officer of Gary L. Moyer, P.A., a firm engaged in the management of
4729special purpose taxing districts. He has 15 years' experience in providing a
4741range of district management services, including budgeting, accounting,
4749reporting, operations, maintenance of facilities, and relations with other
4758governmental entities, and currently provides these services to thirty-two
4767special taxing districts in the state. At the hearing, Mr. Moyer was qualified
4780as an expert in special district management. (Tr. 53-54).
478935. Based on Mr. Moyer's review of the Enterprise CDD Petition and
4801accompanying economic impact statement, and on his experience and expertise in
4812special district management, it is his opinion that the Enterprise CDD is
4824amenable to separate special district governance (Tr. 55), and that the
4835Enterprise CDD meets the statutory requirements in Chapter 190, Fla. Stat., with
4847respect to sufficient size, compactness, and contiguity to be developable as a
4859functional interrelated community. (Tr. 55).
486436. In Mr. Moyer's expert opinion, creation of two CDDs is not
4876inconsistent with any provisions of the State Comprehensive Plan (Tr. 58), and,
4888in fact, has definite advantages over one CDD when a development will contain
4901different land uses. (Tr. 55-57). Creation of separate CDDs to provide
4912community services and infrastructure to the commercial and residential land
4922uses in the Celebration DRI will result in simpler, more accurate assessments
4934levied on benefitted property. (Tr. 56-57). Also, separate CDDs will enhance and
4946facilitate representation of commercial and residential property owners in
4955district elections. (Tr. 57).
495937. Also from Mr. Moyer's perspective as a district management and
4970governance expert, the Enterprise CDD is the best alternative to provide
4981infrastructure and services to the land area included in the CDD. (Tr. 58-60).
4994As grounds for this opinion, Mr. Moyer explained that CDDs incorporate the best
5007aspects of public sector and private sector infrastructure and services
5017provision. From a public access and accountability standpoint, CDDs are subject
5028to the public records, sunshine, ethics, and reporting and auditing laws
5039applicable to government entities. The safeguards under these laws inure to the
5051persons who buy property in the CDD. (Tr. 59). Mr. Moyer also concurred in Mr.
5066Whidden's statement that CDDs provide the least cost alternative for community
5077infrastructure and services provision because they are eligible for tax-exempt
5087financing not available to private developers. (Tr. 58). In this way, CDDs are
5100preferable to private entities, such as homeowners' associations, for
5109infrastructure and services provision. (Tr. 58- 59). On the other hand, because
5121CDDs' purpose is specifically to provide community infrastructure and services,
5131their activities in this regard are more focused and efficient than those by
5144general purpose local government. (Tr. 59-60).
515038. Testimony of Dr. Henry H. Fishkind: Dr. Henry H. Fishkind is
5162President and Chief Economic Forecaster for Fishkind & Associates, an economic
5173consulting firm. In addition to providing economic forecasting services, the
5183firm also provides financial services and advice and counsel to both private and
5196public entities, including special taxing districts. Dr. Fishkind holds a
5206Bachelor of Science and a Ph.D. in economics. His specialty is econometrics,
5218which involves economic and statistical evaluation of urban and regional
5228developments. Dr. Fishkind has approximately 10 years' experience in providing
5238economic forecasting and financial services, and has provided these services to
5249over 20 CDDs in Florida. (Tr. 62-63). Dr. Fishkind previously has been qualified
5262as an expert witness and has testified both in favor of and in opposition to
5277creation of CDDs. At the hearing, Dr. Fishkind was qualified as an expert in
5291economics and public finance. (Tr. 63).
529739. Dr. Fishkind prepared the economic impact statement (EIS) for the
5308Enterprise CDD. The EIS was prepared to meet the requirements of Sections
5320190.005(1)(a)8 and 120.54(2), Fla. Stat., and analyze the CDD's financial
5330structure to ensure creation of a district that meets DDC's needs for
5342development and management of the portion of the Celebration DRI located in the
5355Enterprise CDD. (Tr. 64).
535940. The data used to prepare the EIS was provided by Disney Development
5372Company. The cost estimates and construction timeframes used in EIS preparation
5383were developed by Mr. Joe Harris and other engineers. (Tr. 65). In addition, Dr.
5397Fishkind analyzed the CDD's financial design and the costs and benefits of CDD
5410creation on affected parties. (Tr. 65). In preparing this analysis, he relied on
5423research regarding user fees, charges, and other readily quantifiable exactions
5433to generate cash flow models. These models were used to evaluate the Enterprise
5446CDD's financial feasibility. (Tr. 65).
545141. Dr. Fishkind described the services and infrastructure facilities,
5460depicted in Tables 1 and 1a of the EIS, to be provided by the Enterprise CDD.
5476(Tr. 65-66; Composite Ex. 1, attachment L, Tables 1 and 1a). The capital costs
5490for the drainage, potable water, wastewater, and treated effluent reuse
5500facilities, and the roadways, bridges, and recreational facilities will be paid
5511by the CDD. (Tr. 67; Composite Ex. 1, attachment L, p. 3, Tables 1 and 1a). It
5528is expected the CDD will issue bonds to cover the capital costs of these
5542facilities. Capital costs will be paid off through the levy of non-ad valorem
5555assessments on all benefitted property in the CDD. Bonds will be repaid from the
5569proceeds of the non-ad valorem assessments or user fees. (Composite Ex. 1,
5581attachment L, p. 3). Maintenance and operation costs for the potable,
5592wastewater, and treated effluent reuse facilities will be financed by user fees.
5604Maintenance and operation costs for the drainage, roadway, and recreational
5614facilities will be financed by non-ad valorem assessments on benefitted
5624property. Mosquito control, fire, and security services will be financed using a
5636combination of user fees and non-ad valorem assessments. (Tr. 67; Composite Ex.
56481, attachment L, p. 3, Tables 1 and 1a). Upon obtaining consent from the Osceola
5663County School Board, the CDD will finance the capital costs of school
5675facilities, likely through bond issuance, and the capital costs will be paid off
5688through non-ad valorem assessments and user fees. (Tr. 68).
569742. Dr. Fishkind described the proposed infrastructure cost estimates and
5707estimated time schedule for services and infrastructure provision by the
5717Enterprise CDD. The projected costs and timeframes are reasonable and
5727competitive with other CDDs providing similar infrastructure. (Tr. 74). The
5737projected cost and timeframe information, depicted in Table 2 of the Enterprise
5749EIS (Composite Exhibit 1, attachment L, Table 2), is consistent with the cost
5762estimates and construction timeframes developed by Mr. Harris (Tr. 68).
577243. Dr. Fishkind described and summarized the costs and benefits to
5783affected parties as projected in the EIS for the Enterprise CDD. With respect to
5797costs and benefits to the state of Florida, the state will incur some
5810administrative costs associated with review of the Petition to Establish the
5821Enterprise CDD. Additionally, there will be administrative costs incurred by the
5832Department of Community Affairs ("DCA") for review of annual special district
5845reports submitted by the CDD as required by Chapter 189, Fla. Stat. These costs
5859will be offset by annual reporting fees paid by the CDD to DCA. Administrative
5873costs will also be incurred by the Bureau of Local Government Finance, Office of
5887the Comptroller for annual district budget review. However, these costs are
5898negligible. (Tr. 69-70; Composite Ex. 1, attachment L, pp. 3-5.) The CDD will
5911not require subsidies from the state or its citizens. (Composite Ex. 1, pp. 4-
59255). The Enterprise CDD will encourage large-scale development in a planned
5936fashion consistent with Chapter 190 and the State Comprehensive Plan -- a
5948significant benefit to the state. (Tr. 70; Composite Ex. 1, attachment L, p. 4).
596244. With respect to costs and benefits of CDD creation to local general-
5975purpose government, Osceola County and RCID will incur some administrative costs
5986in reviewing the Petition to Establish the Enterprise CDD. However, these costs
5998will be fully offset by the $15,000 filing fees paid by DDC. (Tr. 70; Composite
6014Ex. 1, attachment L, p. 4-5). Moreover, Chapter 190 specifically provides that
6026the debts and obligations of the CDD are not obligations of the local general-
6040purpose government. (Tr. 70; Composite Ex. 1, attachment L, p. 4-5). There will
6053be no costs resulting from Enterprise creation to citizens of Osceola County who
6066do not live in the CDD. (Tr. 70). In terms of benefits to Osceola County, the
6082district will provide substantial amounts of infrastructure at no cost to the
6094County. Moreover, the County may rely on the CDD infrastructure in meeting the
6107concurrency requirement in Chapter 163, Fla. Stat. This constitutes a
6117significant benefit to Osceola County. (Tr. 70; Composite Ex, 1, attachment L,
6129pp. 4-5). CDD encouragement of well-planned, well-financed, large-scale
6137development consistent with law also is a significant benefit to the County.
6149(Tr. 70; Composite Ex. 1, attachment L, p. 7).
615845. There will be costs and benefits to persons owning land or renting
6171commercial space in the CDD. (Tr. 71; Composite Ex. 1, attachment L, p. 10). The
6186CDD may issue bonds to finance the construction and/or acquisition of CDD
6198infrastructure. The annual debt service on the bonds will be paid by non-ad
6211valorem assessments levied on district landowners. To defray the capital costs
6222of the potable water, wastewater, and treated effluent reuse facilities, users
6233will be charged connection charges and monthly service fees. Owners of lands
6245served for which there are not customers will be charged reservation or stand-by
6258charges. (Tr. 75; Composite Ex. 1, attachment L, p. 10). The CDD can provide
6272these services at lower cost than can a private developer, resulting in lower
6285user charges. (Tr. 71). For the roadways, drainage facilities, recreation
6295facilities, schools, mosquito control, security, and fire protection services,
6304capital costs will be paid off and operating and maintenance costs will be
6317financed through the assessment of non-ad valorem special assessments or benefit
6328special assessments on benefitted property. (Tr. 75-76; Composite Ex. 1,
6338attachment L, pp. 10-11). With respect to benefits of CDD creation to
6350landowners, CDDs are reliable, efficient entities for construction, operation,
6359and maintenance of well-managed, high-quality community infrastructure and
6367services. (Tr. 72; Composite Ex. 1, attachment L, p. 11). Also, because CDDs are
6381eligible for tax-exempt financing (Tr. 73; Tr. 79, citing Tr. 49, Tr. 58), and
6395because CDD infrastructure construction programs are publicly bid, there is no
6406developer markup for infrastructure costs (Tr. 72), reflected in lower
6416assessments on benefitted properties. (Tr. 71- 72). These are significant
6426benefits to landowners in the Enterprise CDD. (Tr. 72).
643546. Costs and benefits of Enterprise CDD creation to Disney Development
6446Company were analyzed. DDC's costs include those incurred in petitioning to
6457create the CDD, including filing fees and expert planning, legal, engineering,
6468financial, and other professional services required for petition preparation.
6477(Composite Ex. 1, attachment L, pp. 8-9). Additionally, DDC will be the largest
6490initial landowner in the CDD, and, therefore, initially will be the CDD's
6502largest payer of taxes and special assessments. DDC also will likely provide
6514certain rights-of-way and easements to the CDD. (Composite Ex. 1, attachment L,
6526p. 9), as well as provide managerial and technical assistance to the CDD in the
6541early stages of CDD operation. (Composite Ex. 1, attachment L, p. 9). The most
6555important benefit of Enterprise CDD creation to DDC is that the CDD will provide
6569a mechanism for the comprehensive provision, operation, and maintenance of the
6580Celebration DRI infrastructure. (Tr. 73; Composite Exhibit 1, attachment L, p.
65919). This will accord DDC flexibility in meeting marketplace demands and provide
6603permitting agencies assurance there is be a stable, long-term entity in
6614existence for maintenance of certain types of infrastructure. (Tr. 73; Composite
6625Ex. 1, attachment L, p. 9). The CDD also will have access to tax-exempt
6639financing not available to the developer. (Tr. 73; Composite Ex. 1, attachment
6651L, pp. 9-10).
665447. As part of the EIS, Dr. Fishkind analyzed the effect of Enterprise
6667CDD creation on market competition and small business. The CDD will have a
6680modest effect on competition in the market for commercial real estate in Osceola
6693County and in areas having development similar to the proposed Celebration DRI.
6705However, the CDD does not have a unique competitive advantage over other
6717entities competing in the same market. Development planned for the Enterprise
6728CDD will have a significant positive impact on area employment. (Composite Ex.
67401, attachment L, p. 12). CDD creation will have no adverse impacts on small
6754business. In fact, because the CDD is required under Chapter 190 to seek
6767competitive bids for certain services, small businesses may be better able to
6779compete for provision of these services to the CDD. (Composite Ex. 1, attachment
6792L, p. 12).
679548. Based on the economic analysis of the Enterprise CDD, Dr. Fishkind
6807concluded the Enterprise CDD will be financially sound and successful. (Tr. 74).
6819The assessments levied by the CDD are reasonable and will be competitive in the
6833development market. (Tr. 74-75).
683749. From Dr. Fishkind's perspective as an expert in public finance and
6849economics, the Enterprise CDD is not inconsistent with the Reedy Creek
6860Improvement District or Osceola County comprehensive plans. The CDD will enable
6871the Celebration DRI to provide and fund the infrastructure it will require, thus
6884meeting the concurrency requirement. (Tr. 77).
689050. Also from his perspective as an expert in public finance and
6902economics, Dr. Fishkind stated that the Enterprise CDD is not inconsistent with
6914the State Comprehensive Plan. Based on his economic evaluation of the Enterprise
6926CDD, it is his expert opinion that the CDD is consistent from an economic
6940standpoint with each of the State Comprehensive Plan goals and policies
6951applicable to special tax districts previously addressed in Mr. Whidden's and
6962Mr. Moyer's testimony. (Tr. 77).
696751. Dr. Fishkind testified that from his expert financial perspective,
6977creation of two CDDs is not inconsistent with the RCID or Osceola County local
6991comprehensive plans or the State Comprehensive Plan. (Tr. 77-78). Because the
7002capital infrastructure costs will likely be different for the Enterprise and
7013Celebration CDDs due to the different land uses, creation of separate CDDs
7025simplifies assessments, enhances accountability, and promotes economic
7032efficiency. For these reasons, the trend for large developments that will have
7044different land uses is to create separate CDDs to finance the infrastructure and
7057services for the different land uses. (Tr. 78).
706552. Also in Dr. Fishkind's opinion as an expert in public finance and
7078economics, the Enterprise CDD is the best alternative to provide community
7089services and infrastructure to the land area included in the CDD. He noted that
7103state policy established in Chapter 190, Fla. Stat., encourages well-planned
7113large-scale community development, such as that proposed for the land in the
7125Enterprise CDD (Tr. 70). CDDs help ensure growth pays for itself and that those
7139who receive growth benefits pay the costs. (Tr. 70). Dr. Fishkind concurred with
7152Mr. Whidden's and Mr. Moyer's testimony as to why CDDs are preferable to
7165homeowners' associations, general- purpose local government, or MSTU/MSBU
7173provision of community services and infrastructure. It is also his opinion that
7185the CDD is the least cost alternative for provision of these services and
7198facilities. (Tr. 78-79).
720153. Based on Dr. Fishkind's expertise and experience with other districts
7212of similar size and configuration, it is his opinion that the Enterprise CDD is
7226of sufficient size, compactness, and contiguity to operate as a functional
7237economic entity amenable to special district governance. In this regard, he
7248emphasized the importance of creating separate CDDs for the different land uses
7260proposed for the Celebration DRI. Because the Enterprise CDD will provide
7271infrastructure specifically keyed to commercial development, the CDD will be
7281particularly financially amenable to special district governance. (Tr. 79-80).
7290Moreover, the Enterprise and Celebration CDDs will be financially independent
7300entities, so the economic success of one CDD is not dependent on the economic
7314success of the other. If one CDD is not developed, the other can still be
7329developed. (Tr. 80).
7332Public Participation
733454. Several members of the public attended the hearing; however, none
7345commented or asked questions regarding creation of the Enterprise CDD.
7355Conclusions
735655. Based on the entire record in this proceeding, including the evidence
7368received at the local public hearing, it is concluded that the Petition for
7381Establishment of the Enterprise CDD meets each of the following criteria in
7393Section 190.005(1)(e)5, Fla. Stat.:
73971. All statements contained in the Petition as corrected at the hearing
7409are true and correct.
74132. Creation of the Enterprise CDD is not inconsistent with any applicable
7425elements of the State Comprehensive Plan, the Reedy Creek Improvement District
7436Comprehensive Plan, and the Osceola County Comprehensive Plan.
74443. The area of land within the proposed Enterprise CDD is of sufficient
7457size, is sufficiently compact, and is sufficiently contiguous to be developable
7468as one functional interrelated community.
74734. The Enterprise CDD is the best alternative available for delivering
7484community services and facilities to the area that will be served by the
7497district.
74985. The community development services and facilities of the Enterprise CDD
7509will not be incompatible with the capacity and uses of existing local and
7522regional community development services and facilities.
75286. The area to be served by the Enterprise CDD is amenable to separate
7542special district government.
7545DONE AND ENTERED this 16th day of September, 1992, in Tallahassee, Leon
7557County, Florida.
7559______________________________
7560MARY CLARK
7562Hearing Officer
7564Division of Administrative Hearings
7568The DeSoto Building
75711230 Apalachee Parkway
7574Tallahassee, Florida 32399-1550
7577(904) 488-9675
7579Filed with the Clerk of the
7585Division of Administrative Hearings
7589this 16th day of September, 1992.
7595APPENDIX A
7597PETITIONER'S WITNESSES
7599Tom Lewis, Jr.
7602Vice President of Community Development
7607Disney Development Company
7610649 Westwood Boulevard, Suite 300
7615Orlando, Florida 32821
7618Joseph E. Harris
7621Ivey, Harris, & Walls
7625122 East Colonial Drive
7629Orlando, Florida 32801
7632Robert J. Whidden
7635R.J. Whidden & Associates
763922 West Monument Avenue
7643Kissimmee, Florida 34741
7646Gary L. Moyer
764910300 Northwest Eleventh Manor
7653Coral Springs, Florida 33065
7657Henry H. Fishkind, Ph.D.
7661Fishkind & Associates, Inc.
766512424 Research Parkway, Suite 275
7670Orlando, Florida 32826
7673APPENDIX B
7675LIST OF EXHIBITS
7678Exhibit Description
7680Composite 1 Petition to Establish the Enterprise Community
7688Development District
7690Attachment A -- Location Map
7695Attachment B -- Legal Description
7700Attachment C -- CDD Boundaries
7705Attachment D -- Landowner Consent
7710Attachment E -- Map of Proposed Major
7717Trunk Water Mains and Sewer
7722Interceptors for Enterprise CDD
7726Attachment F -- Map of Existing
7732Utilities and Drainage Outfalls for
7737Enterprise CDD
7739Attachment G -- Map of Proposed
7745Drainage Facilities in Enterprise CDD
7750Attachment H -- Estimated Costs and
7756Construction Timetable for Improvements
7760for Enterprise CDD
7763Attachment I -- Proposed Master Plan
7769Map H1
7771Attachment J -- Proposed Master Plan
7777Map H2
7779Attachment K -- Jurisdictional
7783Boundaries of RCID After Contraction
7788and Overlay of Celebration and
7793Enterprise CDDs
7795Attachment 12 -- RCID Comprehensive
7800Plan
7801Attachment 13 -- Osceola County
7806Comprehensive Plan
7808Attachment L -- Economic Impact
7813Statement for Enterprise CDD
7817Composite 3 Proof of Compliance with Statutory and Rule
7826Notice Requirements
7828Composite 4 Osceola County Board of County Commissioners
7836Resolution of Support for Creation of the
7843Enterprise and Celebration CDDs
7847Letter of Support from Reedy Creek Improvement
7854District for Establishment of Celebration and
7860Enterprise CDDs
7862Composite 5 Receipt from Osceola County for Payment of
7871$15,000 Fee for Filing Petition to Establish
7879Enterprise CDD
7881Receipt from Osceola County for Payment of
7888$15,000 Fee for Filing Petition to Establish
7896Celebration CDD
7898Receipt from the Reedy Creek Improvement District
7905for Payment of $15,000 Fee for Filing Petition to
7915Establish Enterprise CDD
7918Receipt from the Reedy Creek Improvement District
7925for Payment of $15,000 Fee for Filing Petition to
7935Establish Celebration CDD
7938APPENDIX C
7940BOARD OF SUPERVISORS OF ENTERPRISE CDD
7946Todd Mansfield
79485309 Greenside Court
7951Orlando, Florida 32819
7954407/351-2938
7955Matt Ouimet
79572701 Donaldson Drive
7960Orlando, Florida 32812
7963407/896-5804
7964Jim Cumbee
7966735 West Yale Street
7970Orlando, Florida 32804
7973407/841-0705
7974Gary Ehrlich
79761324 Poinsettia Avenue
7979Orlando, Florida 32804
7982407/425-2229
7983Larry Slocum
7985Epcot Center Foods
7988P.O. Box 10,000
7992Lake Buena Vista, Florida 32819
7997407/560-7318
7998COPIES FURNISHED:
8000William R. Kynoch, Deputy Director
8005Florida Land and Water
8009Adjudicatory Commission
8011Executive Office of the Governor
8016311 Carlton Building
8019Tallahassee, Florida 32301
8022Robert M. Rhodes, Esquire
8026Cathy M. Sellers, Esquire
8030215 South Monroe Street, Suite 601
8036Tallahassee, Florida 32301
8039Steve Pfeiffer, General Counsel
8043Department of Community Affairs
80472740 Centerview Drive
8050Tallahassee, Florida 32399
8053John Pate, Chairman
8056Osceola County Commission
805917 South Vernon Avenue
8063Kissimmee, Florida 34741
![](/images/view_pdf.png)
- Date
- Proceedings
-
PDF:
- Date: 09/16/1992
- Proceedings: Report of Findings And Conclusions On Establishment Of The Enterprise CDD sent out. CASE CLOSED. Hearing held 7-10-92.
- Date: 09/04/1992
- Proceedings: Disc Formatted w/cover Letter filed. (From Cathy M. Sellers)
- Date: 08/11/1992
- Proceedings: Report of Findings and Conclusions on Establishment of The Enterprise CDD filed.
- Date: 07/30/1992
- Proceedings: Letter to MWC from R. Rhodes (re: Response to Written Statement of Kissimmee Valley Audubon Society) filed.
- Date: 07/28/1992
- Proceedings: Transcript (original & copy) filed.
- Date: 07/24/1992
- Proceedings: Letter to R. M. Rhodes from M.Clark (RE: letter from Ruth Clark, service on Disney Development Co.) sent out.
- Date: 07/20/1992
- Proceedings: Letter to MWC from Ruth B. Clark (re: questions that have arisen concerning the "Celebration" Community Development District) filed.
- Date: 07/10/1992
- Proceedings: CASE STATUS: Hearing Held.
- Date: 07/10/1992
- Proceedings: CC Letter to Douglas M. Cook from Thomas M. Moses (re: Petitions filed by Disney Development Company) filed.
- Date: 07/08/1992
- Proceedings: CC Letter to Douglas M. Cook from Thomas M. Moses (re: Petitions file by Disney Development Company) filed.
- Date: 06/18/1992
- Proceedings: Order of Consolidation sent out. (Consolidated cases are: 92-2359 and 92-2360)
- Date: 06/15/1992
- Proceedings: (Petitioner) Motion to Consolidate (with DOAH Case No. 92-2360) filed.
- Date: 04/28/1992
- Proceedings: Letter to T. Tinker from M. Clark (RE: notice of hearing date) filed.
- Date: 04/28/1992
- Proceedings: Notice of Hearing sent out. (hearing set for 7-10-92; 10:00am; Kissimmee)
- Date: 04/21/1992
- Proceedings: CC: Agency referral letter; Petition to Establish the Celebration East Community Development District; Exhibits to Petition 1-14 ; Exh 12 (Part 1-2) Reedy Creek Comp Plan ; Exh 13 Osceola County Comp Plan filed.
- Date: 04/15/1992
- Proceedings: Agency referral letter; Exhibits 1-14; Petition filed.
Case Information
- Judge:
- MARY CLARK
- Date Filed:
- 04/15/1992
- Date Assignment:
- 04/16/1992
- Last Docket Entry:
- 09/16/1992
- Location:
- Kissimmee, Florida
- District:
- Middle
- Agency:
- Office of the Governor