The purpose of this proposed rule is to establish a community development district (“CDD”), the Sarasota National Community Development District (“District”), pursuant to Chapter 190, F.S. The petition, as amended, filed by Tuscano, LLC, requests ...

 

LAND AND WATER ADJUDICATORY COMMISSION
Sarasota National Community Development District

RULE NO: RULE TITLE
42EEE-1: Sarasota National Community Development District
42EEE-1.001: Establishment
42EEE-1.002: Boundary
42EEE-1.003: Supervisors
PURPOSE AND EFFECT: The purpose of this proposed rule is to establish a community development district (“CDD”), the Sarasota National Community Development District (“District”), pursuant to Chapter 190, F.S. The petition, as amended, filed by Tuscano, LLC, requests the Commission to establish a community development district located within Sarasota County, Florida. A Notice of Receipt of Petition for the Sarasota National Community Development District (originally filed under the name of Tuscano Community Development District) was published in the March 17, 2006, edition of the Florida Administrative Weekly. The land area proposed to be served by the District comprises approximately 2,353.80 acres (The original petition described the proposed District as approximately 2,375.12 acres in size. However, the District’s legal description was amended to approximately 2,353.80 in size.). A general location map is contained as Exhibit 1 to the amended petition to establish the District. The proposed District is bounded on the north by U.S. 41, the east by the City of North Port, the south by Manasota Beach Road, and on the west by a single-family subdivision. There is no developable real property located within the external boundaries of the proposed District which is 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. All of the land in the proposed District will be part of a golf course residential community comprising 1,584 residential units. It is presently anticipated that the proposed District will construct or provide for certain infrastructures, which include public roads, provisions for water and sewer facilities and water management facilities.
SUMMARY: The statement of estimated regulatory costs (SERC) supports the petition, as corrected, to establish the District. The complete text of the SERC is contained as Exhibit 7 to the petition, as corrected. 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 120.541(1)(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. 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 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 $15,000 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 corrected, to establish the District will have no impact or a positive impact on all small businesses. The petition, as corrected, 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 developer’s engineer and other professionals associated with the developer.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Tuesday, July 18, 2006, 10:00 a.m.
PLACE: Room 1802M, 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 five (5) business days in advance to make appropriate arrangements.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE 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 RULE IS:

Sarasota National Community Development District

42EEE-1.001  Establishment.

The Sarasota National Community Development District is hereby established.

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

 

42EEE-1.002  Boundary.

The boundaries of the District are as follows:

A parcel of land lying in Sections 35 and 36, Township 39 South, Range 19 East, and Sections 1 and 2, Township 40 South, Range 19 East, Sarasota County, Florida, described as follows:

Commence at the Northeast Corner of Section 36, Township 39 South, Range 19 East, Sarasota County, Florida; thence S.01º19'34"W., along the East line of said Section 36, a distance of 1421.71 feet to the POINT OF BEGINNING; thence N.89º39'01"W., leaving said East line of Section 36, a distance of 1961.34 feet to a point on the East line of a 100.00 foot wide Easement (Taylor Ranch Trail), recorded in Official Records Book 2913, Page 1787, Public Records of Sarasota County, Florida; thence S.00º20'59"W., along said East line of a 100.00 foot wide  Easement, a distance of 933.32 feet; thence N.89º39'01"W., along the South line  of said 100.00 foot wide Easement, a distance of 100.00 feet to the Southeast corner  of lands described in Official Records Book 2020, Page 2228 (Taylor Ranch  Elementary School), Public Records of Sarasota County, Florida; thence along the  boundary of said lands the following four (4) courses: (1) N.89º39'01"W., a distance of 933.32 feet; (2) thence N.00º20'59"E., a distance of 515.93 feet; (3) thence N.89º39'01"W., a distance of 417.39 feet; (4) thence N.00º20'59"E., along said boundary and it's northerly extension, a distance of 1707.36 feet to the a point on the South Right of Way Line of State Road No. 45 (also known  as U.S. Highway No. 41); thence along the South line of said Right of Way the following eleven (11) courses: (1) N.89º38'21"W., a distance of 394.82 feet; (2) N.83º55'43"W., a distance of 100.50 feet; (3)  thence N.89º38'20"W., a distance of 2599.35 feet; (4) thence S.84º40'37"W., a distance of 100.38 feet; (5) thence N.89º41'50"W., a distance of 100.05 feet; (6) thence N.83º53'08"W., a distance of 100.00 feet; (7) N.89º38'01"W., a distance of 1799.71 feet; (8) thence S.84º43'32"W., a distance of 100.41 feet; (9) thence N.89º39'57"W., a distance of 100.05 feet; (10) thence N.84º04'16"W., a distance of 100.40 feet; (11) thence N.89º38'23"W., a distance of 1798.25 feet to a point on the West line of Section 35, Township 39 South, Range 19 East, Sarasota County, Florida; thence S.00º17'41"W., along said West line of said Section 35, a distance of 5099.43 feet to the Northwest corner of Section 2, Township 40 South, Range 19 East, Sarasota County, Florida; thence S.01º00'41"W., along the West line of said Section 2, a distance of 1318.65 feet to the Northwest corner of the Southwest Quarter of the Northwest Quarter of said Section 2; thence S.89º15'33"E., along the North line of said Southwest Quarter of the Northwest Quarter, a distance of 1308.82 feet to the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence S.01º19'18"W., along the East line of said Southwest Quarter of the Northwest Quarter, a distance of 1319.93 feet to the Southeast corner of said Southwest Quarter of the Northwest Quarter; thence N.89º12'31"W., a distance of 1301.94 feet to the West Quarter corner of said Section 2; thence S.01º01'27"W., along the West line of the Southwest Quarter of said Section 2, a distance of 2638.12 feet to the Southwest corner of said Section 2; thence S.89º08'48"E., along the South line of the said Southwest Quarter of Section 2, a distance of 2573.26 feet to the South Quarter corner of said Section 2; thence S.89º10'04"E., along the South line of the Southeast Quarter of said Section 2, a distance of 2572.48 feet to the Southwest corner of Section 1, Township 40 South, Range 19 East; thence S.88º59'00"E., along the South line of the Southwest Quarter of the Southwest Quarter of said Section 1, a distance of 1391.30 feet to said Southwest corner of  the Southeast Quarter of the Southwest Quarter of said Section 1; thence S.88°59'38"E. along the South line of the Southeast Quarter of the Southwest Quarter of said Section 1, a distance of 1392.85 feet to the South Quarter corner of said Section 1; thence S.88º56'44"E., along the South line of the Southeast Quarter of said Section 1, a distance of 2783.84 feet the Southeast corner of Section 1; thence N.00º08'44"E., along the East line of Section 1, a distance of 2653.78 feet to the East Quarter corner of Section 1; thence continue along said East line of Section 1, N.00º08'52"E., a distance of 2653.77 feet to the Southeast corner of Section 36, Township 39 South, Range 19 East, Sarasota County, Florida; thence N.01º19'34"E., along the East line of said Section 36, a distance of 3876.89 feet to the POINT OF BEGINNING.

LESS the following described lands:

Parcel "A"

Being a parcel of land lying in Section 36, Township 39 South, Range 19 East, Sarasota County, Florida, being more particularly described as follows:

Commence at the Northeast corner of said Section 36; thence N.89°32'13"W., along the North line of said Section 36, a distance of 1985.57 feet; thence S.00°20'59"W., leaving said North line of Section 36, a distance of 125.74 feet to a point on the South line of U.S. Highway No. 41, State Road No. 45, at its intersection with the East line of Taylor Ranch Trail, 100 feet wide, recorded in Official Records Book 2913, Page 1787 and Official Records Book 2020, Page 2228, Public Records of Sarasota County, Florida; thence S.00%%d20'59"W., along said East line of Taylor Ranch Trail, a distance of 1299.69 feet to the POINT OF BEGINNING; thence leaving said East line S.89°39'01"E., a distance of 787.16 feet; thence S.03°26'01"E., a distance of 50.24 feet; thence S.05°10'03"E., a distance of 17.32 feet; thence S.00°14'48"W., a distance of 27.87 feet; thence S.01°56'54"W., a distance of 23.82 feet; thence S.15°18'29"W., a distance of 17.04 feet; thence S.24°48'08"W., a distance of 23.55 feet; thence S.21°55'16"W., a distance of 16.90 feet; thence S.14°25'32"W., a distance of 6.78 feet; thence S.26°10'37"W., a distance of 33.01 feet; thence S.34°52'48"W., a distance of 15.09 feet; thence N.83°30'09"W., a distance of 20.50 feet; thence S.48°55'36"W., a distance of 27.78 feet; thence S.65°27'08"W., a distance of 26.04 feet; thence S.74°19'03"W., a distance of 40.69 feet; thence S.67°55'56"W., a distance of 19.96 feet; thence S.61°24'49"W., a distance of 43.49 feet; thence S.29°37'12"W., a distance of 34.15 feet; thence S.06°51'04"W., a distance of 57.09 feet; thence S.31°40'44"W., a distance of 42.60 feet; thence S.18°35'01"W., a distance of 39.04 feet; thence S.47°16'37"W., a distance of 30.81 feet; thence S.00°20'59"W., a distance of 463.86 feet; thence N.89°39'01"W., a distance of 64.55 feet; thence N.00°25'30"E., a distance of 6.37 feet; thence N.37°08'06"W., a distance of 42.05 feet; thence N.84°11'44"W., a distance of 33.39 feet; thence S.73°05'18"W., a distance of 32.59 feet; thence S.71°17'14"W., a distance of 85.33 feet; thence S.71°54'19"W., a distance of 16.98 feet; thence N.89°39'01"W., a distance of 254.84 feet to a point on said East line of Taylor Ranch Trail; thence N.00°20'59"E., along said East line, a distance of 933.32 feet to the POINT OF BEGINNING.

ALSO LESS the following described lands:

PARCEL "B"

Being a parcel of land lying in Section 36, Township 39 South, Range 19 East, Sarasota County, Florida, being more particularly described as follows:

Commence at the Northeast corner of said Section 36; thence N.89°32'13"W., along the North line of said Section 36, a distance of 1,985.57 feet; thence S.00°20'59"W., leaving the said North line of Section 36, a distance of 125.74 feet to a point on the South line of U.S. Highway No. 41, State Road No. 45, at its intersection with the East line of Taylor Ranch Trail, 100 feet wide, recorded in Official Records Book 2913, Page 1787 and Official Records Book 2020, Page 2228, Public Records of Sarasota County, Florida; thence S.00%%d20'59"W., along said East line of Taylor Ranch Trail, a distance of 2233.01 feet to the POINT OF BEGINNING; thence leaving said East line S.89°39'01"E., a distance of 254.84 feet; thence S.71°54'19"W., a distance of 91.93 feet; thence S.46°17'00"W., a distance of 40.16 feet; thence S.49°01'33"W., a distance of 54.66 feet; thence S.12°39'54"W., a distance of 72.63 feet; thence S.87°10'18"W., a distance of 47.93 feet; thence N.02°49'42"W., a distance of 60.97 feet to the point of curvature of a curve to the left, having: a radius of 60.00 feet, a central angle of 180°00'00", a chord bearing of S.87°10'18"W. and a chord length of 120.00 feet; thence along the arc of said curve, a distance of 188.50 feet to the Point of Tangency of said curve; thence S.02°49'42"E., a distance of 127.69 feet to the point of curvature of a curve to the right having: a radius of 340.00 feet, a central angle of 22°20'22", a chord bearing of S.08°20'29"W. and a chord length of 131.73 feet; thence along the arc of said curve, a distance of 132.56 feet to a point on a curve to the left, having a radius of 2,967.82 feet, a central angle of 09°58'38", a chord bearing of N.78°06'40"W., and a chord length of 516.15 feet; thence along the arc of said curve, a distance of 516.80 feet to the end of said curve; thence N.13°44'02"E., a distance of 25.17 feet; thence N.39°40'52"W., a distance of 41.86 feet; thence N.25°22'25"W., a distance of 39.28 feet; thence N.28°18'54"E., a distance of 30.86 feet; thence N.00°20'59"E., a distance of 148.02 feet to a point on the South line of Taylor Ranch Elementary School, recorded in Official Records Book 2020, Page 2228, Public Records of Sarasota County, Florida; thence S.89°39'01"E., along said South line, a distance of 629.46 feet to the POINT OF BEGINNING.

AND ALSO LESS the following described lands:

PARCEL "C"

Being a parcel of land lying in Section 36, Township 39 South, Range 19 East, Sarasota County, Florida, being more particularly described as follows:

Commence at the Northeast corner of said Section 36; thence N.89°32'13"W., along the North line of said Section 36, a distance of 1,985.57 feet; thence S.00°20'59"W., leaving said North line of Section 36, a distance of 125.74 feet to a point on the South line of U.S. Highway No. 41, State Road No. 45, at its intersection with the East Line of Taylor Ranch Trail, recorded in Official Records Book 2913, Page 1787, and Official Records Book 2020, Page 2228, Public Records of Sarasota County, Florida; thence along said East line of Taylor Ranch Trail S.00%%d20'59"W. a distance of 2233.01 feet; thence leaving said East line N.89%%d39'01"W., a distance of 629.45 feet to a point on the South line of Taylor Ranch Elementary School, recorded in Official Records Book 2020, Page 2228, Public Records of Sarasota County, Florida, same being the POINT OF BEGINNING; thence leaving said South line S.00°20'59"W., a distance of 148.02 feet; thence S.28°18'54"W., a distance of 30.86 feet; thence S.25°22'25"E., a distance of 39.28 feet; thence S.39°40'52"E., a distance of 41.86 feet; thence S.13°44'02"W., a distance of 66.60 feet; thence S.06°41'23"W., a distance of 45.17 feet; thence S.15°58'30"W., a distance of 50.94 feet; thence S.37°00'49"E., a distance of 24.38 feet; thence S.52°35'39"W., a distance of 66.89 feet; thence S.58°32'41"W., a distance of 203.53 feet; thence N.73°39'03"W., a distance of 515.97 feet; thence N.38°42'21"W., a distance of 88.04 feet; thence N.14°54'25"E., a distance of 31.23 feet; thence N.31°07'47"W., a distance of 16.61 feet; thence N.84°03'15"W., a distance of 42.28 feet; thence S.80°03'20"W., a distance of 35.41 feet; thence N.41°06'48"W., a distance of 50.23 feet; thence N.14°31'17"W., a distance of 47.33 feet; thence N.24°55'21"W., a distance of 56.24 feet; thence N.26°55'29"W., a distance of 25.91 feet; thence N.05°56'26"W., a distance of 65.54 feet; thence S.52°39'15"E., a distance of 36.80 feet; thence N.33°21'54"E., a distance of 31.52 feet; thence N.22°42'14"W., a distance of 16.13 feet; thence N.59°29'08"W., a distance of 47.42 feet; thence N.27°14'29"W., a distance of 116.10 feet; thence N.28°44'51"E., a distance of 46.29 feet; thence N.22°32'30"W., a distance of 49.28 feet; thence N.00°55'55"E., a distance of 47.90 feet; thence N.25°06'47"E., a distance of 35.76 feet; thence N.05°33'03"E., a distance of 66.39 feet; thence N.19°09'55"E., a distance of 49.86 feet; thence N.21°07'28"E., a distance of 71.10 feet; thence N.21°45'21"E., a distance of 47.14 feet; thence N.46°02'09"E., a distance of 59.77 feet; thence N.35°47'19"E., a distance of 39.32 feet; thence S.89°39'01"E., a distance of 18.22 feet to the southwest corner of said Taylor Ranch Elementary School; thence along the boundary of said Taylor Elementary School the following three courses; (1) S.89°39'01"E., a distance of 417.39 feet; (2) S.00°20'59"W., a distance of 515.93 feet; (3) S.89°39'01"E., a distance of 403.86 feet to the POINT OF BEGINNING.

Parcel contains 2353.7966 Acres more or less.

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

 

42EEE-1.003  Supervisors.

The following five persons are designated as the initial members of the Board of Supervisors: R. Scott Griffith, Sally Hall, John C. Kunkel, Seth Boots, and Chris Vanzant.

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: June 14, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 19, 2006