On March 12, 1999, the Petitioner, the Indigo Community Development District (the "District"), submitted a petition to amend the boundaries of the District, pursuant to Chapter 190, F.S. Section 190.046, F.S., sets forth the manner in which a community development district may be amended.

The petition to amend the boundaries of the District requests that the Florida Land and Water Adjudicatory Commission amend Florida Administrative Code Chapter 42U-1 by adding approximately 87.64 acres (expansion parcel A and B) to the existing CDD and removing approximately 18.98 (the contraction parcel) acres from the District for a net addition of approximately 68.66 acres. Expansion parcel A is located south of the City of Daytona Beach Municipal Stadium and is 78.8 acres in size. The parcel is located within the Ladies Professional Golf Association Development of Regional Impact (DRI) but was not included in the original boundaries of the District. Expansion parcel B is located at the northeast corner of LPGA Boulevard and U.S. 92 and is 8.84 acres in size. This parcel was previously owned by Volusia County at the time the District was established. The parcel was previously part of the right-of-way for LPGA Boulevard, but has since been returned to private ownership. Expansion parcel B has been annexed into the City of Daytona Beach. The contraction parcel consists of approximately 18.98 acres located east of the Tomoka River. (According to the Petition, at the establishment of the District, the contraction parcel lands were intended to be comprised of undevelopable conservation buffers. However, with the realignment of Tomoka Farms Road, portions of developable lands are now included with the legal description. Deletion of these developable lands will cause the eastern border of the District to return to conservation uses as intended.) The proposed development plan for expansion parcels A and B contemplate residential and retail uses. The lands within expansion parcel A and the contraction parcel are included within the Ladies Professional Golf Association DRI. Expansion parcel B is not included within the DRI. Land development regulations of the City of Daytona Beach will govern development of expansion parcel B. The contraction parcel lands are currently undeveloped and are bounded by commercial uses and the Tomoka River buffer.

Upon request of the Secretary, the Department of Community Affairs (DCA) reviewed the petition and submitted a comment letter on April 13, 1999. Petitioner responded to DCA’s letter on April 15, 1999.

A public hearing was conducted by the District’s Board of Supervisors pursuant to section 190.046, F.S., in Daytona Beach, Florida, on April 20, 1999. The Board entered a Report of Findings and Conclusions on May 10, 1999, pursuant to section 190.005(1)(e), F.S., reporting affirmative conclusions on all six factors.

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