FLORIDA LAND AND WATER ADJUDICATORY COMMISSION AGENDA

May 28, 2003

1.      Approval of the minutes of the meeting held March 13, 2003.

2.      Consideration of a Petition to Establish the Tuscany Community Development

District in Citrus County.  Petitioner:  Beverly Hills Development Corporation (FLWAC Case No. CDD-01-002). 

On October 2, 2001, the Beverly Hills Development Corporation submitted a petition to establish the Tuscany Community Development District (CDD) pursuant to Chapter 190, F.S.  The petition was supplemented on November 15, 2001, in response to an insufficiency determination by the Secretary of the Commission. 

The land to be served by the proposed District consists of two parcels of unimproved property in Citrus County.  One parcel consists of approximately 951.14 acres located in the existing Beverly Hills (1981) Development of Regional Impact (DRI) and the other parcel consists of 560 acres located outside the Beverly Hills (1981) DRI for a total of 1,511.14 acres.  The Petitioner has written consent to establish the District from the owners of 100% of the real property located within the proposed District.  The District is designed to provide community infrastructure, services, and facilities along with certain ongoing operations and maintenance.  The development plan for the proposed lands within the District includes the construction of approximately 3,000 single-family units within the DRI portion of the property, 1,120 low density residential units in the non-DRI portion of the property, 1,250 low density multi-family units, a life care center and approximately 307 acres of right-of-way, open space and other acreage.

Upon request of the Secretary, the Withlacoochee Regional Planning Council (RPC) and the Department of Community Affairs (DCA) reviewed the petition from the standpoint of their programs and responsibilities, and the requirements of section 190.005(1)(e), F.S.  On December 13, 2002, the Withlacoochee RPC submitted a letter to the Commission stating the creation of a CDD on the subject property is not expected to create adverse effects on regional resources, facilities, or other jurisdictions.  The RPC noted however, the functional relationship between lands within the two Beverly Hills DRIs and outside the DRI boundaries is unclear.  On December 19, 2001, the DCA submitted a letter indicating the Department did not have any objections to the proposed CDD; however, the Department requested contact to discuss the development of regional impact status of the non-DRI portion of the property proposed to be included in the District.  The DCA submitted a letter on May 14, 2003, indicating a discussion with the Petitioner addressed the status of the non-DRI parcel.  The Petitioner intends to incorporate the non-DRI parcel into the existing Beverly Hills (1981) DRI.  

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on April 11, 2002, in Lecanto, Florida.  The DOAH Administrative Law Judge submitted a Report to the Commission on June 28, 2002, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.  The Report notes four members of the general public participated in the administrative hearing regarding the consumption of water and the nature of the expected development within the proposed District.  Citizen concerns relate to water shortages in Citrus County and the question of sufficient resources for the proposed development in the District.  The Administrative Law Judge concluded the Commission is not the forum to address existing water service territories. 

The Secretary of the Commission received letters of concern from Rodney Cole; Anna Palmer; David Ryckman; and Richard Schnably, President of the Beverly Hills Civic Association.  The concerns relate to water supply and impacts of development proposed in the District.  In response to the letters of concern, the Secretary requested the Southwest Florida Water Management District to review the Commission's record materials from the standpoint of its programs and responsibilities, and section 190.005(1)(e), F.S., for comment.  The Commission received a comment letter on September 11, 2002, indicating ground water resources are anticipated to be adequate to meet projected water supply demands within the Northern Planning Region to the year 2020, including demands to be served by the Tuscany CDD.  In addition, the Water Management District provided assurance that any Water Use Permit modifications would have to be reviewed by the Water Management District to ensure water use is reasonable and beneficial, is consistent with the public interest, will not interfere with existing legal uses of water, and will not cause unacceptable adverse environmental impacts.

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 of proposed rulemaking. 

Recommendation:

Approve the proposed final rule and authorize the Secretary to file for final rule adoption.

Back-Up: 

Beverly Hills Development Corporation's petition received on October 2, 2001. 

Beverly Hills Development Corporation's supplement to petition received on November 15, 2001. 

Withlacoochee Regional Planning Council's comment letter received on December 10, 2001.

Department of Community Affairs' comment letter received on December 19, 2001.

Rodney M. Cole's letter of concern received on June 4, 2002.

Anna Palmer's letter of concern received on June 12, 2002. 

David Ryckman's letter of concern received on June 12, 2002.

Richard Schnably's letter of concern received on June 14, 2002.

Richard Schnably's letter of concern received on June 18, 2002.

DOAH's Report received on June 28, 2002.

Southwest Florida Water Management District's comment letter received on September 11, 2002.

Petitioner's letter relating to DCA's concerns received on March 4, 2003.

DCA's comment letter received on May 14, 2003.

Proposed Final Rule.

Florida Land and Water Adjudicatory Commission Agenda

May 28, 2003

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