FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
AGENDA

February 12, 2002

1. Approval of the minutes of the meeting held October 30, 2001.

2. Approval of the minutes of the meeting held December 18, 2001.

3. Consideration of a Petition to Amend the Boundaries of the Indigo Community
Development District located in the City of Daytona Beach, Volusia County. Petitioner: Indigo Community Development District (FLWAC Case
No. CDD-01-001).

On July 12, 2001, the Indigo Community Development District (CDD) submitted a petition to amend its boundaries pursuant to Chapter 190, F.S. The petition proposes to contract a parcel of land comprising approximately 38.7 acres (the contraction parcel) from the Indigo CDD. After contraction, the Indigo CDD will consist of approximately 2,513 acres. The contraction parcel is generally located east of the Tomoka River and south of the 234 foot Florida Power & Light easement recorded in official records of Volusia County. The Petitioner indicates that at the time of establishment of the Indigo CDD, the lands east of the Tomoka River were intended to be wholly comprised of undevelopable conservation buffers. As a result of the realignment of Tomoka Farms Road, portions of the lands east of the Tomoka River became developable. While the contraction parcel is currently subject to a gopher tortoise conservation easement, the conservation easement will be relocated to other lands under a contract with the St. Johns River Water Management District. As a result, the contraction parcel will contain developable lands. The Indigo CDD requests removal of the contraction parcel as the District has no intention or plans to provide community development services and facilities to the parcel. There are no out parcels within the contraction parcel, or the proposed amended boundaries of the District, that will be excluded from the amended Indigo CDD. The filing of the contraction petition by the Board of Supervisors of the Indigo CDD constitutes consent of the landowners within the District. Additionally, the Indigo CDD has written consent to amend the District from the owners of 100% of the real property to be deleted.

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Indigo CDD Board of Supervisors on September 6, 2001, in Daytona Beach, Florida. The Board of Supervisors submitted a Report to the Commission on October 31, 2001, 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 August 2, 2001, the DCA submitted a communication indicating the Department did not have any issues related to consistency with the Daytona Beach Comprehensive Plan or the associated development of regional impact (Ladies Professional Golf Association Development of Regional Impact).

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 amending the boundaries of the Indigo Community Development District and authorize the Secretary to file for rule adoption.

BACK-UP:

Indigo CDD's petition received on July 12, 2001.

DCA's communication received on August 2, 2001.

Indigo CDD Board of Supervisor's Report to the Commission received on October 31, 2001.

Proposed Final Rule.

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ANNOUNCEMENT

Staff supporting the Florida Land and Water Adjudicatory Commission has moved to Room 1801 of the Capitol, Tallahassee, Florida 32399-0001. Please address deliveries and inquiries accordingly. The new telephone number is 850-487-1884. The facsimile number remains the same, 850-922-0666.