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FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

AGENDA

February 23, 1999

1. Approval of the minutes of the meeting held November 24, 1998.

2. Consideration of a Petition to amend the boundaries of The Crossings at Fleming Island Community Development District, Clay County, (Petitioner: The Crossings at Fleming Island Community Development District) (FLWAC Case No. CDD­98­001).

On September 4, 1998, the Petitioner, The Crossings at Fleming Island Community Development District ("The Crossings"), submitted a petition to amend the boundaries of The Crossings, pursuant to Chapter 190, F.S. Section 190.046, F.S., sets forth the manner in which a community development district may be expanded.

The proposed new area to be included in The Crossings consists of approximately 46.36 acres (expansion parcel) generally located adjacent to the current boundaries in Clay County. The proposed development within the expansion parcel contemplates moderate density residential use, recreation and conservation/open space uses. There will be no increase in the total number of units within The Crossings as it was initially established as a result of expanding the boundaries.

Upon request of the Secretary, the Department of Community Affairs (DCA) reviewed the petition and submitted a letter of no objections on October 5, 1998.

A public hearing was conducted by the Division of Administrative Hearing (DOAH) Administrative Law Judge Don W. Davis pursuant to section 190.046, F.S., in Orange Park, Florida, on November 24, 1998. The Administrative Law Judge entered a Recommended Order on December 22, 1998, reporting affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

Pursuant to Chapter 120, F.S., rulemaking notices were published in the Florida Administrative Weekly.

RECOMMENDATION:

To be distributed separately.

BACK­UP:

Petition filed by The Crossings at Fleming Island Community Development District on September 4, 1998.

DCA's letter received on October 5, 1998.

DOAH's Recommended Order received on December 28, 1998.

Proposed Final Rule Amendment.