Coast Community Development District located in Flagler County.  Petitioner:  Florida Landmark Communities, Inc., and Mardem, LLC, (FLWAC Case No. CDD-02-006).

On March 28, 2002, Florida Landmark Communities, Inc., and Mardem, LLC, submitted a petition to establish the Town Center at Palm Coast Community Development District (CDD) in Flagler County pursuant to Chapter 190, F.S.  The land to be served by the District consists of approximately 1,600 acres generally bounded on the north by a major drainage canal; bounded on the south by State Road 100; bounded on the west by Belle Terre Parkway; and bounded on the east by Interstate 95 within the boundaries of the City of Palm Coast.  The Petitioner has written consent to establish the District from the owner of 100% of the real property located within the proposed District.  The proposed 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 2,500 single family and multi-family residential dwelling units, 1,460,000 square feet of office space, 2,400,000 square feet of retail space, 1,400,000 square feet of non-retail commercial space, and 625,000 square feet of institutional space, a movie theater, 140 lodging units and 240 nursing home beds.  The land in the proposed District is part of a planned community included in the effective Town Center at Palm Coast Development of Regional Impact, which was adopted on July 11, 2003.

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 April 25, 2002, the DCA submitted a comment letter indicating the need for adoption of an associated comprehensive plan amendment and completion of review of the proposed development of regional impact.  On October 30, 2003, the DCA submitted a follow-up comment letter finding the petition consistent with the City of Palm Coast’s comprehensive plan. 

Upon request of the Secretary, the Northeast Florida Regional Planning Council also reviewed the petition and on April 29, 2002, submitted a letter to the Commission indicating that the project was at the early stage of the development approval review process and development approval could not be assured.  However, both the development of regional impact and the associated plan amendment have since been adopted and are effective.

The Flagler County Board of County Commissioners adopted Resolution No. 2002-50 on May 6, 2002, supporting the establishment of the Town Center at Palm Coast CDD.  In addition, on June 4, 2002, the Palm Coast City Council adopted Resolution No. 2002-18 supporting the establishment of the Town Center at Palm Coast CDD. 

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Division of Administrative Hearings (DOAH) on July 30, 2002, in Palm Coast, Flagler County, Florida.  The DOAH Administrative Law Judge submitted a Report to the Commission on August 29, 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:

Florida Landmark Communities, Inc., and Mardem, LLC, petition received on March 28, 2002.

DCA’s comment letter received on April 25, 2002.

Northeast Florida Regional Planning Council’s comment letter received on April 29, 2002.

DOAH’s Report received on August 29, 2002.

DCA’s comment letter received on October 30, 2003.