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FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

AGENDA

July 11 , 2000

1.

Approval of the minutes of the meeting held February 22, 2000.

2.

Consideration of a Petition to establish the Sampson Creek Community Development District, St. Johns County, Petitioner: St. Joe/Arvida Company, L.P., (FLWAC Case No. CDD-00-001).

On February 14, 2000, the St. Joe/Arvida Company, L.P., submitted a petition to establish the Sampson Creek Community Development District (CDD), pursuant to Chapter 190, F.S. Chapter 190, F.S., provides that a community development district with the size of 1,000 acres or more, may be established by rule by the Florida Land and Water Adjudicatory Commission.

The proposed Sampson Creek CDD comprises approximately 1,015 acres of land located in St. Johns County. The land is generally located 0.5 miles west of Interstate 95 and on the south side of County Road 210. The site is located on the east and west sides of Leo Maguire Road. There are two parcels within the external boundaries of the proposed District that are to be excluded from the District. The two out-parcels include a tower site of approximately 2.4 acres owned by AT&T Communications of Southern States, Inc., and a cemetery site of approximately 1.3 acres owned by Sampson Cemetery, Inc. The approved development plan for the proposed CDD contemplates the construction of 799 single family residential dwelling units, with associated retention areas, roadways, common areas, a recreation complex and an eighteen-hole golf course including associated maintenance facilities. The majority of the land in the proposed District is part of a planned community included in a Planned Unit Development approval issued by St. Johns County on February 10, 1998.

A public hearing was conducted by the Division of Administrative Hearings (DOAH) pursuant to Chapter 190, F.S., in St. Johns County, Florida, on April 10, 2000. The DOAH Administrative Law Judge submitted a Report to the Commission on May 18, 2000, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

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 March 8, 2000, the DCA submitted comments concluding the proposed establishment of the CDD is consistent with the St. Johns County Comprehensive Plan. Additionally, the DCA reviewed the proposed CDD within the context of the Florida Department of Transportation variance to the roadway level of service and applicable plan provisions reflecting the variance agreement. The DCA concluded that the proposed CDD is consistent with the variance agreement and applicable plan provisions.

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 establishing the Sampson Creek Community Development District and authorize the Secretary to file for rule adoption.

BACK-UP:

Petition filed by the St. Joe/Arvida Company, L.P., on February 14, 2000.

DCA’s letter of comment received on March 8, 2000.

DOAH’s Report to the Commission received on May 18, 2000.

Proposed Final Rule package.