FLORIDA LAND AND WATER ADJUDICATORY COMMISSION AGENDA

August 26, 2003

1.            Approval of the minutes of the meeting held August 12, 2003.

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

District in Flagler County.  Petitioner:  ICI Homes, Inc., on behalf of PlanMor, Inc.

(FLWAC Case No. CDD-03-004). 

On February 28, 2003, ICI Homes, Inc., on behalf of PlanMor, Inc., submitted a petition to establish the Tomoka Community Development District (CDD) pursuant to Chapter 190, F.S.  The petition proposes that the Tomoka CDD serve approximately 2,100 acres located wholly within Flagler County.  The proposed District is generally located in an area west of Interstate 95, northeast of U.S. Highway 1, south of Old Dixie Highway and bounded on the east by a Florida Power and Light Easement.  There are two out-parcels located within the external boundaries of the proposed District to be excluded from the District.  The out-parcels consist of a school site and agricultural lands.  Petitioner either owns or has written consent of the landowners of 100% of the non-governmental real property to be served by the Tomoka CDD.  The development plan for the proposed lands within the District includes the construction of approximately 2,500 residential units.  The proposed land uses within the District are subject to the approved Plantation Bay Development of Regional Impact Development Orders. 

On April 7, 2003, the Flagler County Board of County Commissioners adopted Resolution No. 2003-58 supporting the establishment of the Tomoka CDD. 

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on May 23, 2003, in Palm Coast, Florida.  The DOAH Administrative Law Judge submitted a Report to the Commission on June 19, 2003, 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 of proposed rulemaking.

Recommendation:

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

Back-Up: 

ICI Homes’ petition received on February 28, 2003. 

DOAH’s Report received on June 19, 2003.