AGENDA

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

NOVEMBER 26, 2002

1. Approval of the minutes of the meeting held October 22, 2002.

2. Consideration of a Petition to Establish the Bellalago Community Development District located in Osceola County. Petitioner: Avatar Properties, Inc. (FLWAC Case No. CDD-02-004).

On March 4, 2002, Avatar Properties, Inc., submitted a petition to establish the Bellalago Community Development District (CDD) pursuant to Chapter 190, F.S. The land area proposed to be served by the CDD comprises approximately 1,313 acres located in Osceola County. The proposed District is bounded on the east by Lake Tohopekaliga and undeveloped property; bounded on the west by Pleasant Hill Road; bounded on the north by Osceola County Regional Park; and bounded on the south by undeveloped property and a single-family residence. The Petitioner has written consent to establish the District from the owners of 100% of the real property located within the District. The District, if established, is designed to provide community infrastructure, services, and facilities, including operations and maintenance, to the Bellalago development. The proposed Bellalago CDD is planned as a residential community of approximately 1,700 single-family and 600 multi-family residential dwelling units, passive recreational areas, parks, and a clubhouse. The District, if established, currently intends to fund off-site roadway improvements, stormwater management, drainage structures, mitigation creation, mitigation area acquisition, stormwater land acquisition, a potable water supply system, and a sanitary sewer system 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 March 29, 2002, the DCA submitted a letter indicating the Department had identified minor inconsistencies with the Osceola County Comprehensive Plan. The inconsistencies have since been addressed.

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on May 10, 2002, in Kissimmee, Florida. The DOAH Administrative Law Judge submitted a Report to the Commission on June 12, 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.