Land and Water Adjudicatory Commission, Departmental  


  • Notice of Receipt of Petition

    TIMUCUAN COMMUNITY DEVELOPMENT DISTRICT

    On January 4, 2007, the Florida Land and Water Adjudicatory Commission (“FLWAC” or “Commission”) received a petition to establish the Timucuan Community Development District (the “District”). A revision to the petition was submitted on January 23, 2007. The Commission will follow the requirements of Chapter 42-1, Florida Administrative Code (F.A.C.), as amended, and Chapter 190, Florida Statutes (F.S.), as amended, in ruling on this petition, as revised.

    SUMMARY OF CONTENTS OF PETITION: The petition, as revised, filed by Timucuan-MLC, Inc., requests the Commission establish a community development district located entirely within the City of Jacksonville, Florida. The land area proposed to be served by the District comprises approximately 2,082.64 acres. A general location map is contained as Exhibit 1 to the petition, as revised, to establish the District. The proposed land area is generally located north of Pecan Park, Arnold Road and Jacksonville International Airport, west of I-95, south of the Nassau River and Thomas Creek, and east of Chapparell Road and the terminus of Lannie Road. There is no land within the external boundaries of the proposed District, which is to be excluded from the District. The Petitioner has obtained written consent to establish the District from the owners of 100% of the real property located within the proposed District. The proposed development within the District may include single family units, multi-family units, commercial use, office use, community activities use and other uses. The District plans to finance certain master infrastructure improvements within the District boundaries. These improvements include complete construction of the master infrastructure including roadways, recreational facilities, linear park, wetland mitigation, and neighborhood infrastructure (paving, drainage, lighting and conduit).

    SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition, as revised, to establish the District. The complete text of the SERC is contained as Exhibit 10 to the petition, as revised. The requirements for a SERC are found in Section 120.541(2), F.S. A SERC must contain (a) a good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a description of the types of individuals likely to be affected by the rule; (b) a good faith estimate of the costs to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state or local revenues; (c) a good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule; (d) an analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S.; (e) any additional information that the agency determines may be useful; and (f) any good faith written proposal submitted under section (a) and either a statement adopting the alternative or a statement rejecting the alternative in favor of the proposed rule. Addressing section (a), the District, the State of Florida, and the City of Jacksonville are principal entities that are likely to be required to comply with the rule. In addition, current and future property owners will be affected by the establishment of the proposed District. Under section (b), FLWAC and the State of Florida will incur administrative costs. The City of Jacksonville will incur costs resulting from the initial review and on-going costs resulting from the on-going administration of the District. There is a $15,000 filing fee paid to the City of Jacksonville to offset any costs it may incur. Adoption of the proposed rule to approve the formation of the District will not have an adverse impact on State and local revenues. Addressing section (c), the District may levy non-ad valorem special assessments on properties within its boundaries to finance infrastructure that the District funds and to defray the costs of operating and maintaining the infrastructure and associated community facilities. The District may issue notes, bonds, or other indebtedness to fund its improvement program. Prospective future land owners would be required to pay off such indebtedness over time in the form of non-ad valorem special assessments or other rates, fees or charges. The District may also impose an annual levy for the operation and maintenance of the District. Under section (d), approval of the petition, as revised, to establish the District will have no impact or a positive impact on small businesses. The petition, as revised, to establish the District will not have an impact on small cities as defined by Section 120.52(17), F.S., as the City of Jacksonville is not defined as a small city. Under section (e), the analysis provided in the SERC was based on a straightforward application of economic theory. Input was received from the developer’s engineer and other professionals associated with the developer.

    A LOCAL HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

    DATE AND TIME:      Thursday, April 19, 2007, 9:30 a.m.

    PLACE:                          City Hall at St. James

                                            Committee Room B

                                            117 West Duval Street

                                            Jacksonville, Florida

    Any person requiring a special accommodation to participate in the hearing because of a disability should contact Jonathan Johnson, (850)222-7500, at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements.

    Copies of the petition, as revised, may be obtained by contacting: Jonathan T. Johnson, Hopping Green & Sams, P.A., P. O. Box 6526, Tallahassee, Florida 32314, (850)222-7500; or Barbara Leighty, Florida Land and Water Adjudicatory Commission, Office of Policy and Budget, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, (850)487-1884.

     

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