AND SUMMARY: The purpose of this proposed rule is to establish a community development district (“CDD”), the Pioneer Community Development District (“District”), pursuant to Chapter 190, F.S. The petition filed by MHK of Volusia County, Inc., ...

Pioneer Community Development District

RULE CHAPTER NO.: RULE CHAPTER TITLE:

42BBB-1 Pioneer Community Development District

RULE NOS.: RULE TITLES:

42BBB-1.001 Establishment

42BBB-1.002 Boundary

42BBB-1.003 Supervisors

PURPOSE, EFFECT AND SUMMARY: The purpose of this proposed rule is to establish a community development district (“CDD”), the Pioneer Community Development District (“District”), pursuant to Chapter 190, F.S.  The petition filed by MHK of Volusia County, Inc., requests the Commission establish a community development district located within the City of Port Orange, Volusia County, Florida.  A Notice of Receipt of Petition for the Pioneer Community Development District was published in the July 15, 2005, edition of the Florida Administrative Weekly.  The land area proposed to be served by the District comprises approximately 1,238.2 acres.  A general location map is contained as Exhibit 1 to the petition to establish the District.  The proposed District is located generally north of Pioneer Trail, east of Highway 415 and south of Dunlawton Avenue.  There are no parcels located within the external boundaries of the proposed District which are to be excluded from the District.  The Petitioner either owns or has written consent to establish the District from the landowners of one hundred percent (100%) of the real property located within the proposed District.  The development plan for the lands within the proposed District includes the construction of approximately 1,300 residential units of single family detached and multi-family units as well as 25 acres of commercial mixed use.  The District, if established, currently intends to participate in the provision of certain infrastructure improvements including clearing, earthwork, water, sewer, and reclaimed utilities, roadways, stormwater management facilities, facilities for outdoor cultural and recreational uses, and landscaping.  Master infrastructure also includes a community recreation center.  Also included will be stormwater management facilities consisting of treatment ponds, outfalls, land to construct the retention and compensating storage areas, and wetland mitigation to serve the District in accordance with the permitting agencies.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition to establish the District.  The complete text of the SERC is contained as Exhibit 9 to the petition to establish the District.  The scope of the SERC is limited to evaluating the regulatory costs consequences of approving the proposal to establish the District.  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 principle entities that are likely to be required to comply with the rules include the District, the State of Florida, the City of Port Orange, and Volusia County.  In addition, current and future property owners will be affected by the establishment of the proposed District.  Under section (b), FLWAC and the State of Florida will incur minimal administrative costs.  The City of Port Orange and Volusia County will also incur one-time administrative costs which are offset by the required filing fee paid to each the City of Port Orange and Volusia County by the Petitioner.  Adoption of the proposed rule to approve the formation of the District will not have 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 to establish the District will have no impact or a positive impact on all small businesses.  The petition to establish the District will not have an impact on small counties and small cities as defined by section 120.52, F.S., as the City of Port Orange is not defined as a small city and Volusia County is not defined as a small county.  Under section (e), analysis provided was based on a straightforward application of economic theory.  Input was received from the Developer’s Engineer and other professionals associated with the Developer.

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, A HEARING WILL NOT BE HELD):

DATE AND TIME: Tuesday, March 28, 2006, 2:00 – 4:00 p.m.

PLACE: Room 2103, The Capitol, Tallahassee, Florida

Any person requiring a special accommodation to participate in the workshop because of a disability should contact Barbara Leighty, [phone], at least two (2) business days in advance to make appropriate arrangements.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Barbara Leighty, Senior Policy Analyst, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, [phone].

 

THE FULL TEXT OF THE PROPOSED RULES IS:

 

42BBB-1 Pioneer Community Development District

 

42BBB-1.001 Establishment.

The Pioneer Community Development District is hereby established.

Specific Authority 190.005 FS. Law Implemented 190.004 and 190.005 FS. History–New __________.

 

42BBB-1.002 Boundary.

The boundaries of the District are as follows:

A PORTION OF SECTIONS 29, 30, 32 AND 33, TOWNSHIP 16 SOUTH, RANGE 33 EAST AND SECTIONS 4, 5, 8 AND 9,  TOWNSHIP 17 SOUTH, RANGE 33 EAST, VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULAR DESCRIBED AS FOLLOWS:

BEGIN AT THE SOUTHEAST CORNER OF STERLING CHASE PHASE II, AS RECORDED IN MAP BOOK 44, PAGES 120-122, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE NORTHERLY ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 TO THE SOUTHEAST CORNER OF MARTIN ROAD, AS DESCRIBED IN OFFICIAL RECORDS BOOK 5379, PAGE 15, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID MARTIN ROAD TO THE NORTHERLY LINE OF SAID MARTIN ROAD; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY RIGHT OF WAY LINE OF SOUTH WILLIAMSON BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 3885, PAGE 41, SAID PUBLIC RECORDS; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 1666, PAGE 440, SAID PUBLIC RECORDS; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND SAID NORTH LINE AND ALONG THE WESTERLY EXTENSION THEREOF TO THE WESTERLY MEAN HIGH WATER LINE OF SPRUCE CREEK; THENCE SOUTHERLY AND WESTERLY ALONG SAID MEAN HIGH WATER LINE TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 30; THENCE NORTHERLY ALONG SAID WEST LINE TO THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE NORTHEAST 1/4; THENCE EASTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF SAID SECTION 29; THENCE NORTHERLY ALONG SAID WEST LINE TO THE WESTERLY EXTENSION OF THE SOUTHERLY MEAN HIGH WATER LINE OF SPRUCE CREEK; THENCE EASTERLY ALONG SAID WESTERLY EXTENSION AND SAID SOUTHERLY MEAN HIGH WATER LINE TO THE NORTH LINE OF SAID SECTION 29; THENCE EASTERLY ALONG SAID NORTH LINE TO THE SOUTHERLY MEAN HIGH WATER LINE OF SPRUCE CREEK; THENCE SOUTHERLY AND EASTERLY ALONG SAID SOUTHERLY MEAN HIGH WATER LINE TO THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 95, THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 29; THENCE WESTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF SAID SOUTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 29; THENCE EASTERLY ALONG SAID SOUTH LINE AND ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 TO THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHEAST 1/4; THENCE SOUTHERLY ALONG SAID EAST LINE TO THE SOUTH LINE OF THE NORTH 511 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE EASTERLY ALONG SAID NORTH LINE TO THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29; THENCE SOUTHERLY ALONG SAID EAST LINE AND ALONG THE EAST LINE OF THE EAST 1/2 OF SAID SECTION 32 TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 33; THENCE EASTERLY ALONG SAID NORTH LINE TO THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE EAST LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33 TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 33; THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 4 TO THE NORTH LINE OF THE SOUTH 578 FEET OF THE EAST 176 FEET SAID NORTHWEST 1/4; THENCE WESTERLY ALONG SAID NORTH LINE TO THE WEST LINE OF SAID EAST 176 FEET; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTH LINE OF SAID SOUTH 578 FEET; THENCE EASTERLY ALONG SAID SOUTH LINE TO THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 4; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO THE NORTH LINE OF TURNBULL BAY ROAD; THENCE WESTERLY ALONG THE NORTH LINE OF SAID TURNBULL BAY ROAD TO A LINE 10 FEET WESTERLY OF, WHEN MEASURED PERPENDICULAR TO, THE EAST LINE OF SAID NORTHWEST 1/4; THENCE SOUTHERLY ALONG SAID LINE, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST 1/4 TO THE NORTHERLY LINE OF PIONEER TRAIL; THENCE NORTHERLY AND WESTERLY ALONG THE NORTHERLY LINE OF SAID PIONEER TRAIL TO THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 8; THENCE NORTHERLY ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST 1/2 OF SAID SECTION 5 AND THE WEST LINE OF THE EAST 1/2 OF SAID SECTION 32 AND THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 29 TO THE POINT OF BEGINNING.

LESS ANY PART OF THE ABOVE DESCRIBED WITHIN SAID INTERSTATE HIGHWAY 95 AND LESS ANY PART WITHIN SAID SOUTH WILLIAMSON BOULEVARD AND LESS ANY PART WITHIN SAID TURNBULL BAY ROAD AND LESS ANY PART WITHIN SPRUCE CREEK SOVEREIGN WATERS OF THE STATE OF FLORIDA.

CONTAINING 1238.2 ACRES, MORE OR LESS.

Specific Authority 190.005 FS. Law Implemented 190.004, 190.005, F.S. History-New __________.

 

42BBB-1.003 Supervisors.

The following five persons are designated as the initial members of the Board of Supervisors: J. Andrew Hagan, Jean Trinder, Richard Smith, Cheryl Hamilton and Cynthia Jones.

Specific Authority 190.005, F.S. Law Implemented 190.004 and 190.005, F.S. History-New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE:  Teresa Tinker, Florida Land and Water Adjudicatory Commission, Room 1801, The Capitol, Tallahassee, Florida 32399-0001

 

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Teresa Tinker, Florida Land and Water Adjudicatory Commission.

 

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 20, 2006

 

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 3, 2006