The petition, as supplemented, filed by Resource Conservation of Sarasota, LLC, requests the Commission to establish a community development district located entirely within the unincorporated area of Sarasota County, Florida. The land area proposed ...

 

LAND AND WATER ADJUDICATORY COMMISSION
Myakka Ranch Community Development District

RULE NO: RULE TITLE
42KKK-1.001: Establishment
42KKK-1.002: Boundary
42KKK-1.003: Supervisors
PURPOSE AND EFFECT: The petition, as supplemented, filed by Resource Conservation of Sarasota, LLC, requests the Commission to establish a community development district located entirely within the unincorporated area of Sarasota County, Florida. The land area proposed to be served by the District comprises approximately 1,055 acres. The Petitioner either owns or has written consent to establish the District from the owners of 100% of the real property located within the proposed District. The development is planned for approximately 375 single family residential units. The District contemplates providing certain master infrastructure improvements within the boundaries to include stormwater management and wetlands mitigation maintenance services, roadways and potable water and sanitary sewer service to all of these residences.
SUMMARY: The petition, as supplemented, filed by Resource Conservation of Sarasota, LLC, requests the Commission to establish a community development district located entirely within the unincorporated area of Sarasota County, Florida. The land area proposed to be served by the District comprises approximately 1,055 acres. The Petitioner either owns or has written consent to establish the District from the owners of 100% of the real property located within the proposed District. The development is planned for approximately 375 single family residential units. The District contemplates providing certain master infrastructure improvements within the boundaries to include stormwater management and wetlands mitigation maintenance services, roadways and potable water and sanitary sewer service to all of these residences.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition, as supplemented, to establish the District. The complete text of the SERC is contained as Exhibit 4 to the petition, as supplemented. The requirements for a SERC are found in Section 120.541(2), F.S. A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) a good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule; (d) an analysis of the impact on small businesses, small counties, and small cities; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under section (a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule. Addressing section (a), the principal entities that are likely to be required to comply with the rule include the District, the State of Florida, and Sarasota County. Under section (b), FLWAC and the State of Florida will incur modest administrative costs. Sarasota County will incur modest costs resulting from the initial review and on-going costs resulting from the on-going administration of the District. There is a filing fee paid to Sarasota County to offset any costs it may incur. Adoption of the proposed rule to approve the formation of the District will not have an adverse impact on State and local revenues. Addressing section (c), the District may levy non-ad valorem special assessments on properties within its boundaries to finance infrastructure that the District funds and to defray the costs of operating and maintaining the infrastructure and associated community facilities. The District may issue notes, bonds, or other indebtedness to fund its improvement program. Prospective future land owners would be required to pay off such indebtedness over time in the form of non-ad valorem special assessments or other rates, fees or charges. The District may also impose an annual levy for the operation and maintenance of the District. Under Section (d), approval of the petition, as supplemented, to establish the District will have no impact or a positive impact on all small businesses. The petition, as supplemented, to establish the District will not have an impact on small counties as defined by Section 120.52, F.S., as Sarasota County is not defined as a small county. Under section (e), the analysis provided in the SERC was based on a straightforward application of economic theory. Input was received from the Petitioner’s engineer and other professionals associated with the Petitioner.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 190.005 FS.
LAW IMPLEMENTED: 190.004, 190.005 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Tuesday, November 27, 2007, 2:00 p.m.
PLACE: The Capitol, Room 2103, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least two days before the workshop/meeting by contacting: Barbara Leighty, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, Telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, Telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

MYAKKA RANCH COMMUNITY DEVELOPMENT DISTRICT

42KKK-1.001 Establishment.

The Myakka Ranch Community Development District is hereby established.

Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. History–New_______.

 

42KKK-1.002 Boundary.

The boundaries of the district are as follows:

A tract of land lying in Sections 17, 19 and 20, all in Township 36 South, Range 20 East and Section 24, Township 36 South, Range 19 East, all within Sarasota County, Florida lying north of the northerly right-of-way line of Fruitville Road (S.R. #780 – Section 17040-2504, a variable width public right-of-way) as recorded in Road Plat Book 2, Page 7 and a additional portion of which is recorded in Official Record Book 2897, Page 1119, Public Records of Sarasota County, Florida; said tract being more particularly described as follows:

BEGIN at the southwest corner of said Section 17, also being the northwest corner of said Section 20 and the northeast corner of said Section 19; thence N.00°18'22"E., along the west line of said Section 17, a distance of 5,423.41 feet to the northwest corner of said Section 17; thence S.88°01'33"E., along the north line of said Section 17, a distance of 5,265.90 feet to the northeast corner of the above mentioned Section 17; thence S.00°07'37"W., along the east line of said Section 17, a distance of 5,279.93 feet to the southeast corner of said Section 17, also being the northeast corner of the above mentioned Section 20; thence S.00°52'53"E., along the east line of said Section 20, a distance of 2,303.50 feet to a point on the northerly right-of-way line of the above mentioned Fruitville Road; thence along said northerly right-of-way line for the following thirty-seven (37) calls; (1) thence N.64°32'55"W., a distance of 267.28 feet; (2) thence N.63°37'55"W., a distance of 500.00 feet; (3) thence N.63°31'03"W., a distance of 1,463.28 feet to the point of curvature of a non tangent curve to the left, of which the radius point lies S.18°42'40"W., a radial distance of 1,959.86 feet; (4) thence westerly along the arc of said curve, through a central angle of 09°06'41", an arc length of 311.66 feet to the point of tangency of said curve; (5) thence N.08°25'50"E., a distance of 13.00 feet to a point of curvature of a curve to the left having a radius of 90.00 feet and a central angle of 71°56'26"; (6) thence northwesterly along the arc of said curve a distance of 113.00 feet to the point of tangency of said curve; (7) thence N.63°30'36"W., a distance of 25.01 feet; (8) thence S.26°29'24"W., a distance of 80.00 feet; (9) thence S.63°30'36"E., a distance of 25.01 feet to a point of curvature of a curve to the right having a radius of 10.00 feet and a central angle of 71°56'26"; (10) thence southeasterly along the arc of said curve a distance of 12.56 feet to the point of tangency of said curve; (11) thence S.08°25'50"W., a distance of 13.00 feet to the point of curvature of a non tangent curve to the left, of which the radius point lies S.07°15'40"W., a radial distance of 1,959.86 feet; (12) thence westerly along the arc of said curve, through a central angle of 07°00'27", an arc length of 239.70 feet to the point of tangency of said curve; (13) thence N.89°44'48"W., a distance of 1,417.43 feet; (14) thence N.00°14'57"E., a distance of 34.12 feet; (15) thence N.12°56'49"E., a distance of 54.36 feet; (16) thence N.62°21'57"E., a distance of 31.19 feet; (17) thence N.27°38'03"W., a distance of 73.00 feet; (18) thence S.62°21'57"W., a distance of 187.00 feet; (19) thence S.67°52'39"W., a distance of 114.53 feet; (20) thence S.75°24'53"W., a distance of 149.15 feet; (21) thence S.86°14'57"W., a distance of 100.24 feet; (22) thence continue S.86°14'57"W., a distance of 137.83 feet; (23) thence N.89°10'25"W., a distance of 362.52 feet; (24) thence N.89°44'48"W., a distance of 279.08 feet; (25) thence N.89°41'05"W., a distance of 221.09 feet; (26) thence N.89°57'05"W., a distance of 500.00 feet; (27) thence S.89°47'52"W., a distance of 119.37 feet; (28) thence N.89°51'33"W., a distance of 181.14 feet; (29) thence S.88°16'06"W., a distance of 277.29 feet; (30) thence S.87°59'25"W., a distance of 423.14 feet; (31) thence S.88°20'02"W., a distance of 500.01 feet; (32) thence S.87°32'03"W., a distance of 251.21 feet; (33) thence S.88°06'56"W., a distance of 249.26 feet; (34) thence N.01°35'42"W., a distance of 19.35 feet; (35) thence S.89°05'01"W., a distance of 2,314.66 feet to the point of curvature of a non tangent curve to the right, of which the radius point lies N.00°50'36"W., a radial distance of 34,327.48 feet; (36) thence westerly along the arc of said curve, through a central angle of 01°16'45", an arc length of 766.38 feet to the point of tangency of said curve; (37) thence N.89°33'50"W., a distance of 2,251.79 feet to a point on the west line of the Northeast 1/4 of the above mentioned Section 24; thence N.00°03'08"E., along said west line, a distance of 1,246.63 feet to a point on the north line of said Section 24; thence S.89°37'39"E., along said north line, a distance of 2,646.24 feet to the northeast corner of said Section 24, also being the northwest corner of the above mentioned Section 19; thence N.89°07'23"E., along the north line of said Section 19, a distance of 2,707.30 feet to the north 1/4 corner of said Section 19; thence N.89°09'09"E., continue along said north line of Section 19, a distance of 2,709.53 feet to the POINT OF BEGINNING, also being the northeast corner of said Section 19, the northwest corner of the above mentioned Section 20 and the southwest corner of the above mentioned Section 17.

Containing 45,960,198 square feet or 1,055.10 acres, more or less.

Specific Authority 190.005 FS. Law Implemented 190.004 and 190.005 FS. History–New_________.

42KKK-1.003  Supervisors.

The following five persons are designated as the initial members of the Board of Supervisors: James R. Schier, Dale E. Weidemiller, Priscilla G. Heim, Karen L. Byrnes, and Alan Anderson.

Specific Authority 190.005 FS. Law Implemented 190.004,  190.005 FS. History–New_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Lisa Saliba
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Lisa Saliba
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 19, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 21, 2007