|
|
Cabinet
Affairs |
|
|
  |
|
|||||||||||
FLORIDA LAND AND WATER ADJUDICATORY COMMISSIONAGENDA September 28, 1999
CDD-99-003). On April 21, 1999, the Petitioner, Avatar Properties, Inc., submitted a petition to establish the Poinciana Community Development District (CDD), pursuant to Chapter 190, F.S. An amended petition correcting a technical error in the legal description was submitted on July 19, 1999. 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 Poinciana CDD comprises approximately 3,031 acres of land located within Polk County. The land is bounded on the North by Cypress Parkway; bounded on the South by Huckleberry Avenue and Juniper Street and lands of the South Florida Water Management District and Poinciana Village 3 Neighborhood 6 South; bounded on the West by Rhododendron Avenue and land of Parker-Poinciana, Inc.; and bounded on the East by Marigold Avenue, Walnut Avenue, and Haines City Road, and Poinciana Village 3 Neighborhood 3. The development plan for the lands within the proposed Poinciana CDD includes the construction of approximately 6,500 single family and higher density residential dwelling units, neighborhood pools, an arts and crafts center, outdoor sports center, a ballroom, golf course and clubhouse, spa and fitness center, restaurants, and parks. All are authorized for inclusion within the CDD. There is no real property within the external boundaries of the proposed CDD which is to be excluded from the District, other than a 0.20-acre lot which is in private ownership and a 2.5-acre substation owned by the Florida Power Corporation. A public hearing was conducted by the Division of Administrative Hearings (DOAH) pursuant to Chapter 190, F.S., in Haines City, Florida, on July 7, 1999. The DOAH Administrative Law Judge submitted a Report to the Commission on August 3, 1999, 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 amended petition relative to the State Comprehensive Plan and the Polk County Comprehensive Plan. The DCA submitted a memorandum on August 5, 1999, stating the proposed action is consistent with the Polk County Comprehensive Plan and that the DCA has no concerns. Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. To date, a public hearing has not been requested as a result of the notices.
On August 17, a resolution of support was received from the Board of Directors of Association of Poinciana Villages, Inc. Additionally, the petitioner filed a memorandum in support of the DOAH Report on August 23. RECOMMENDATION: Approve the proposed final rule establishing the Poinciana Community Development District and authorize the Secretary to file for rule adoption. BACK-UP: Amended Petition filed by the Avatar Properties, Inc., on July 19, 1999. DOAH’s Report to the Commission received on August 3, 1999. DCA’s memorandum received on August 5, 1999. Resolution of the Board of Directors of Association of Poinciana Villages, Inc., received on August 17, 1999. Petitioner’s Memorandum in Support of DOAH’s Report received on August 23, 1999. Proposed Final Rule. Section 120.74, F.S., directs each agency to review and revise its rules as often as necessary to ensure that agency rules are correct and comply with statutory requirements. Additionally, this section directs each agency to perform a formal review of its rules every two years for various purposes, including the deletion of obsolete or unnecessary rules. Beginning October 1, 1997, and by October 1 of every other year thereafter, an agency is to file a report with the President of the Senate and the Speaker of the House of Representatives, certifying that the agency has complied with the requirements of section 120.74, F.S. Additionally, Chapter 99-379, Laws of Florida, requires each agency to submit a list of agency rules exceeding delegated authority to the Legislature by October 1, 1999. A review of the Commission’s rules pursuant to Chapter 99-379, Laws of Florida, and section 120.74, F.S., was recently completed. As a result of the review, it was determined that a portion of Florida Land and Water Adjudicatory Commission Rule 42O-1.001 contains language for which specific statutory authority does not exist.
Rule 42O-1.001 relates to the creation of the Cypress Grove Community Development District (CDD). The rule establishes the Cypress Grove CDD for the purpose of operating and maintaining existing infrastructure for an existing citrus grove. The rule specifies that the character of the Cypress Grove CDD will remain predominately agricultural. Further, if at a future date the purpose of the community development district is changed, the rule specifies that approval by the Commission would be required through an amendment to the rule. Specific statutory authority does not exist for specifying the use of the CDD, nor for the requirement to amend the rule if the character of the CDD is changed. It is recommended that Rule 42O-1.001 be amended to remove language addressing the use and amendment requirement. A draft of the amendment language is provided for approval. RECOMMENDATION: Approve the proposed rule amendment and authorize the Secretary to proceed with the rule amendment process. BACK-UP: Notice of Proposed Rule Amendment Development package. |
|||||||||||||
