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1.        Approval of the minutes of the meeting held August 26, 2003.

2.        Consideration of a Petition to Establish the Durbin Crossing Community

Development District in St. Johns County.  Petitioner:  SouthStar Development Partners, Inc. (FLWAC Case No. CDD-03-006). 

On April 18, 2003, SouthStar Development Partners, Inc., submitted a petition to establish the Durbin Crossing Community Development District (CDD) pursuant to Chapter 190, F.S.  The land area proposed to be served by the District comprises approximately 2,047 acres.  The proposed District is generally located west of Russell Sampson Road, east of State Road 13, south of Race Track Road, and north of CR 210 in St. Johns County.  There is one out-parcel located within the external boundaries of the proposed District which is to be excluded from the District.  The out-parcel is a Jacksonville Electric Authority owned mitigation parcel totaling 1.15 acres, more or less, that will not be adversely impacted by the establishment of the District.  The development plan for the proposed lands within the District includes the construction of approximately 2,498 single and multi-family residential dwelling units, 100,000 square feet of commercial space and 70,000 square feet of office space, a school, parks and an amenity center.  The proposed land uses within the District are subject to the approved Durbin Crossing Development of Regional Impact Development Orders (“DRI”).  The Petitioner has obtained written consent to establish the District from the owners of 100% of the real property located within the proposed District.  The District, if established, currently intends to participate in the provision of certain infrastructure improvements.

Upon request of the Secretary, 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.  The DCA submitted comment letters on May 23 and September 11, 2003. 

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on June 18, 2003, in St. Augustine, Florida.  The Durbin Crossing CDD hearing was consolidated with the Aberdeen CDD (Item 3) hearing.  The DOAH Administrative Law Judge issued a Report to the Commission on July 11, 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 notice of proposed rule development or the notice of proposed rule.

Recommendation:

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

Back-Up: 

SouthStar Development Partners’ petition received on April 18, 2003.

Department of Community Affairs’ comment letter received on May 28, 2003.

Terrell Arline’s comment letter received on June 12, 2003.

DOAH’s Report issued on July 11, 2003.

Petitioner’s Supplemental Information for Establishment Petition received on September 10, 2003.

Department of Community Affairs’ follow-up comment letter received on September 11, 2003.

Proposed Final Rule.

3.        Consideration of a Petition to Establish the Aberdeen Community

Development District in St. Johns County.  Petitioner:  SouthStar Development Partners, Inc. (FLWAC Case No. CDD-03-007). 

On April 18, 2003, SouthStar Development Partners, Inc., submitted a petition to establish the Aberdeen Community Development District (CDD) pursuant to Chapter 190, F.S.  The land area proposed to be served by the District comprises approximately 1,313 acres.  The proposed District is generally located west of Russell Sampson Road, east of State Road 13, south of Race Track Road, and north of Greenbriar Road in St. Johns County.  There are two out-parcels located within the external boundaries of the proposed District which are to be excluded from the District.  The out-parcels consist of mitigation parcels of 1.01 acres and .31 acres, more or less, that will not be adversely impacted by the establishment of the District.  The development plan for the proposed lands within the District includes the construction of approximately 60,000 square feet of commercial space, 40,000 square feet of office space, 1,623 single-family units and 395 multi-family units, parks and an amenity center.  The proposed land uses within the District are subject to the Aberdeen Development of Regional Impact Development Order (“DRI”) approved by St. Johns County.  The Petitioner has obtained written consent to establish the District from the owners of 100% of the real property located within the proposed District.  The District, if established, currently intends to participate in the provision of certain infrastructure improvements.

Upon request of the Secretary, 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.  The DCA submitted comment letters on May 23 and September 11, 2003. 

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on June 18, 2003, in St. Augustine, Florida.  The Aberdeen CDD hearing was consolidated with the Durbin Crossing CDD (Item 2) hearing.  The DOAH Administrative Law Judge issued a Report to the Commission on July 11, 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 notice of proposed rule development or the notice of proposed rule.

Recommendation:

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

Back-Up: 

SouthStar Development Partners’ petition received on April 18, 2003.

Department of Community Affairs’ comment letter received on May 28, 2003.

Terrell Arline’s comment letter received on June 12, 2003.

DOAH’s Report issued on July 11, 2003.

Petitioner’s Supplemental Information for Establishment Petition received on September 10, 2003.

Department of Community Affairs’ follow-up comment letter received on September 11, 2003.

        Proposed Final Rule.