1.

Approval of the minutes of the meeting held November 9, 1999.

2.

Consideration of a Petition to establish the Capital Region Community Development District, Leon County, Petitioner: St. Joe Company (FLWAC Case No. CDD-99-006).

On September 23, 1999, the St. Joe Company, submitted a petition to establish the Southwood Community Development District (CDD), pursuant to Chapter 190, F.S. (The name of the CDD was amended to the Capital Region CDD at the administrative hearing.) Chapter 190, F.S., provides that a community development district with the size of 1,000 acres or more, may be established by rule by the Florida Land and Water Adjudicatory Commission.

The proposed Capital Region CDD comprises approximately 3,241 acres of land located within the City of Tallahassee and unincorporated Leon County. The land is generally located south of Apalachee Parkway, on both sides of Capital Circle Southeast, to a point south of Tram Road. There are four out-parcels located within the external boundaries of the parcels of land to be included within the CDD. The out-parcels include two parcels of land comprising the Capital Circle Office Center, an existing cemetery site, and an existing residence. The approved development plan for the CDD contemplates the construction of 2,194,117 square feet of office space, 799,502 square feet of commercial uses, 2,728, 381 square feet of industrial uses, 4,770 residential units, 144 acres of educational/institutional uses, 1,172 acres of recreation and open space areas, and 198 acres of major street rights-of-way. All of the proposed land uses within the proposed district are subject to the approved Southwood Development of Regional Impact Development Orders.

A public hearing was conducted by the Division of Administrative Hearings (DOAH) pursuant to Chapter 190, F.S., in Tallahassee, Florida, on November 17, 1999. The DOAH Administrative Law Judge submitted a Report to the Commission on December 10, 1999, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

Upon request of the Secretary, the Department of Community Affairs (DCA) reviewed the petition from the standpoint of its programs and responsibilities, and the requirements of section 190.005(1)(e), F.S. On November 1, 1999, the DCA submitted comments concluding the proposed establishment of the CDD is consistent with the Leon/Tallahassee Comprehensive Plan and in compliance with the State Comprehensive Plan.

Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices.

RECOMMENDATION:

Approve the proposed final rule establishing the Capital Region Community Development District and authorize the Secretary to file for rule adoption.

BACK-UP:

Petition filed by the St. Joe Company on September 23, 1999.

DCA’s letter of comment received on November 1, 1999.

DOAH’s Report to the Commission received on December 10, 1999.

Proposed Final Rule package.

3.

Consideration of a Petition to amend the boundaries of the Dunes Community Development District, Flagler County, Petitioner: Dunes Community Development District (FLWAC Case No. CDD-99-005).

On September 17, 1999, the Dunes Community Development District (CDD) submitted a petition to amend the boundaries of the existing Dunes CDD, pursuant to Chapter 190, F.S. Section 190.046, F.S., sets forth the manner in which a community development district may be amended.

The petition to amend the boundaries of the District requests that the Florida Land and Water Adjudicatory Commission amend Florida Administrative Code Chapter 42E-1 by adding approximately 31 acres to the boundaries of the District. (The petition contemplated the addition of 33 acres, however, certain lands intended to be conveyed to Flagler County for public road right-of-way purposes were excluded from the proposed amendment thereby reducing the amendatory acreage to approximately 31 acres.) The District currently consists of approximately 2,114.54 acres located entirely within Flagler County. It is generally located between the Intracoastal Waterway and the Atlantic Ocean, just south of Malacompra Road. After expansion, the District will encompass a total of approximately 2,145 acres of land. The lands sought to be added to the District are included within the Hammock Dunes Development of Regional Impact, as amended. The proposed development within the expansion parcel contemplates possible hotel and residential uses.

A public hearing was conducted by the Board of Supervisors of the Dunes CDD in Bunnell, Florida, on October 29, 1999. The Board submitted a Report of Findings and Conclusions to the Commission on November 22, 1999, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

Upon request of the Secretary, the Department of Community Affairs (DCA) reviewed the petition from the standpoint of its programs and responsibilities, and the requirements of section 190.005(1)(e), F.S. On October 11, 1999, the DCA submitted comments stating the Department's review did not identify any inconsistencies between the proposed expansion and the Flagler County Comprehensive Plan and also concluded the proposed expansion is not anticipated to create any inconsistencies with the State Comprehensive Plan.

Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices.

RECOMMENDATION:

Approve the proposed final rule amendment amending the boundaries of the Dunes Community Development District and authorize the Secretary to file for rule adoption.

BACK-UP:

Petition filed by the Dunes CDD on September 17, 1999.

DCA’s letter of comment received on October 11, 1999.

The Board of Supervisor's Report to the Commission received on November 22, 1999.

Proposed Final Rule Amendment package.

4.

Consideration of an Amended Petition to establish the Fleming Island Plantation Community Development District, Clay County, Petitioner: Centex Homes (FLWAC Case No. CDD-99-004).

On July 1, 1999, the Petitioner, Centex Homes, submitted a petition to establish the Fleming Island Plantation Community Development District (CDD) pursuant to Chapter 190, F.S. An amended petition changing the designated board of supervisors, adding public improvements and community facilities, and revising the capital costs of the improvements was submitted on September 10, 1999. Chapter 190, F.S., provides that a community development district with the size of 1,000 acres or more, may be established by rule by the Florida Land and Water Adjudicatory Commission.

The proposed Fleming Island Plantation CDD comprises approximately 1,580 acres. All proposed lands in the District are within the unincorporated area of Clay County, generally located just south of County Road 220 and west of U.S. 17. The proposed community within the District has been approved as the Fleming Island Plantation Development of Regional Impact. The development plan for the District includes land-uses consisting of single and multi-family residential, retail, light industrial, and office development, in addition to various park, amenity, community, recreation and public facilities.

A public hearing was conducted by the Division of Administrative Hearings (DOAH) pursuant to Chapter 190, F.S., in Green Cove Springs, Florida, on October 2, 1999. Pursuant to section 190.005(1)(e), F.S., the DOAH Administrative Law Judge submitted a Report to the Commission on November 15, 1999, making affirmative conclusions on all six factors.

Upon request of the Secretary, the Department of Community Affairs (DCA) reviewed the petition from the standpoint of its programs and responsibilities, and the requirements of section 190.005(1)(e), F.S. On July 26, 1999, the DCA submitted comments concluding the establishment of the proposed CDD is not anticipated to create any inconsistencies with the adopted Clay County Comprehensive Plan.

Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices.

RECOMMENDATION:

Approve the proposed final rule establishing the Fleming Island Plantation Community Development District and authorize the Secretary to file for rule adoption.

BACK-UP:

Petition filed by Centex Homes on July 1, 1999, and amended petition filed on September 10, 1999.

DCA’s letter of comment received on July 26, 1999.

DOAH’s Report to the Commission received on November 15, 1999.

Proposed Final Rule package.

NOTICE OF FORWARDING APPEALS TO THE
DIVISION OF ADMINISTRATIVE HEARINGS

Pursuant to Chapter 42-2.008(4), Florida Administrative Code, notice is hereby given that the appeal listed below will be forwarded to the Division of Administrative Hearings for assignment of an administrative law judge and further proceedings, unless a request for consideration is received by the Secretary of the Commission within five calendar days following the January 25, 2000, meeting of the Governor and Cabinet. If a request for consideration is received, the matter will be placed on a subsequent agenda for consideration by the Florida Land and Water Adjudicatory Commission. Requests must be filed with the Secretary of the Commission, The Capitol, Room 2105, Tallahassee, Florida 32399-0001, no later than January 31, 2000.

Case No. APP-99-007 Department of Community Affairs vs. City of National Bank of Florida, as Trustee, under a land trust, Long Key Constructors, General Contractor, and Islamorada, Village of Islands, a Florida municipality