FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
AGENDA

June 12, 2002

1. Approval of the minutes of the meeting held May 21, 2002.

2. Consideration of a Petition to Establish the Double Branch Community
Development District located in Clay County. Petitioner: OakLeaf Plantation, L.L.C. (FLWAC Case No. CDD-02-001).

On January 10, 2002, OakLeaf Plantation, L.L.C., submitted a petition to establish the Double Branch Community Development District (CDD) pursuant to Chapter 190, F.S. The land area proposed to be served by the Double Branch CDD consists of approximately 1,203 acres. All proposed lands are within Clay County, Florida, and generally located south of the Clay County/Duval County line and east of Branan Chaffee Road. There are no parcels within the external boundaries of the proposed Double Branch CDD to be excluded from the District. The proposed development within the District contemplates the construction of approximately 100,000 square feet of commercial development, 2,000 single-family residential units and 200 multi-family units. The Petitioner has obtained written consent to establish the District from the owners of 100% of the real property located within the proposed Double Branch CDD. The proposed land uses within the District are subject to the approved Villages of Argyle Forest Development of Regional Impact Development Order. If established, the District intends to participate in the construction of certain road and entranceway improvements and to provide certain stormwater, utility and recreation improvements for the lands within the District.

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 February 7, 2002, the DCA submitted a communication indicating the Department has no objection to establishment of the proposed District.

As permitted by section 190.005(1)(c), F.S., the Clay County Commission held a public hearing on February 26, 2002, to consider the establishment of the Double Branch CDD. At the conclusion of its public hearing, the Clay County Commission adopted Resolution 01/02 -42, expressing support for the Florida Land and Water Adjudicatory Commission to promulgate a rule establishing the District. The Clay County Resolution specifically found that all six of the statutory factors for evaluating the establishment of community development districts found in section 190.005(1)(e), F.S., had been met by the petition in this matter.

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on March 12, 2002, in Orange Park, Florida. The DOAH Administrative Law Judge submitted a Report to the Commission on April 3, 2002, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

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 and authorize the Secretary to file for final rule adoption.

BACK-UP:

OakLeaf Plantation's petition received on January 10, 2002.

DCA's communication received on February 7, 2002.

Clay County Commission Resolution 01/02 -42 adopted on February 26, 2002.

DOAH's Report received on April 3, 2002.

Proposed Final Rule.