450679, 42LL-1.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 450679

Notice of Development of Rulemaking

Department:

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Division:

Tomoka Community Development District

Chapter:

TOMOKA COMMUNITY DEVELOPMENT DISTRICT

Overview

RULE:

42LL-1.002

Boundary

PURPOSE:

The Petition, as amended during the public hearing held on February 22, 2006, before Judge J. Lawrence Johnston, was filed by the Tomoka Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, Florida 32301.  The Petition, as amended, proposes to modify the land area presently serviced by the District by amending its boundary to add approximately 1,122 acres.  (The District was originally established by Rule 42LL-1, F.A.C., effective October 10, 2003.  Petitioner discovered flaws in the legal description of the external boundaries of the District contained in Rule Chapter 42LL-1.002 resulting in the exclusion of significant portions of the lands thought to be included in the original Petition establishing the District.  The subject boundary amendment will correct the flaws.)  The District currently covers approximately 846 acres of land located in Flagler County in an area west of Interstate 95, northeast of U.S. Highway 1, south of Old Dixie Highway, and bounded on the east by the Florida Power and Light utility easement.  After amendment, the District will encompass approximately 1,968 acres.  The District currently contains two out-parcels located within the external boundaries of the District which remain excluded.  Petitioner has written consent to amend the boundary of the District from the owners of one hundred percent of the lands comprising the expansion parcel.  Pursuant to section 190.046(1)(e), F. S., the filing of the Petition, as amended, for expansion by the District Board of Supervisors constitutes consent of the landowners.  Development contemplated for the Tomoka CDD, after expansion, consists of 1,586 single family homes, 330 multi-family homes, 18 holes of championship golf, and recreation areas.  Services and facilities to be provided by the District for lands within the expansion parcel are included in the District’s adopted Improvement Plan and consist of stormwater infrastructure, entrances and landscaping, wetland compliance/mitigation, offsite improvements, and engineering and permitting.  The District has already funded, acquired, and/or constructed infrastructure improvements to the expansion parcel.  Construction of the improvements is expected to be complete in 2006.

SUBJECT:

Expansion of the boundary of the Tomoka Community Development District.

RULEMAKING AUTHORITY:

190.005, 190.046, FS.

LAW:

190.004, 190.005, 190.046, FS.

PRINT PUBLISH DATE:

6/30/2006 Vol. 32/26

RELATED STATUTES
AND LAWS:

190.005, 190.046, FS., 190.004, 190.005, 190.046, FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=42LL-1.002&PDate=6/30/2006&Section=1

REFERENCE MATERIALS:

No reference(s).

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