Land and Water Adjudicatory Commission, Departmental

LAND AND WATER ADJUDICATORY COMMISSION
Departmental

NOTICE OF RECEIPT OF PETITION

VILLAGES OF WESTPORT COMMUNITY DEVELOPMENT DISTRICT

On December 23, 2005, the Florida Land and Water Adjudicatory Commission (the “Commission”) received a Petition (supplemented January 17, 2006) to adopt an amendment to Rule Chapter 42QQ-1, F.A.C., to amend the boundary of the Villages of Westport Community Development District (the “District”) pursuant to Chapter 190, F.S. Petitioner asserts a copy of the Petition was filed with the City of Jacksonville in compliance with Section 190.046, F.S. The Commission will follow the requirements of Chapter 190, F.S., and Chapter 42-1, F.A.C., in ruling on this Petition, as supplemented.

SUMMARY OF CONTENTS OF PETITION: The Petition, as supplemented, was filed by the Villages of Westport Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, Florida, 32301. The Petition, as supplemented, proposes to modify the land area presently serviced by the District by amending its boundary to delete approximately 41.66 acres and add approximately 195.16 acres to the District. The District currently covers approximately 1,340 acres of land and after amendment the District will encompass approximately 1,493.006 acres. There is one excluded parcel within the proposed amended boundary of the District. The last known addresses of the owners of the excluded parcel are: Beverly R. Wilton, 6816 Keyes Road, Jacksonville, Florida 32219 and Charles K. and Joyce Roundtree, 6818 Keyes Road, Jacksonville, Florida 32219. Petitioner has written consent to include the expansion parcels into the District from 100% of the landowners. The expansion parcels proposed to be included within the boundary of the District are owned by Morteza Hosseini Kargar and Mitchell R. Montgomery. Pursuant to Section 190.046(1)(e), F. S., the filing of the Petition, as supplemented, for amendment by the District Board of Supervisors constitutes consent of the landowners. The development plan for the District includes construction of approximately 1,900 single family units, 500 multi-family units, and 200,000 square feet of non-residential mixed use space. No additional residential or non-residential development is anticipated due to the amendment of the District’s boundary.

SUMMARY OF THE STATEMENT OF ESTIMATED REGULATORY COSTS: In association with the Petition, as supplemented, the Petitioner has caused a Statement of Estimated Regulatory Costs (“SERC”) to be prepared in compliance with Section 120.541, F.S. The complete text of the SERC is contained at Exhibit “12” to the Petition. By way of summary, the SERC estimates the principal individuals and entities likely to be required to comply with the amended rule are the state, the City of Jacksonville, Florida, the current property owners within the existing District and the landowners within the District’s proposed amended boundary. The SERC estimates the households and businesses that locate within the proposed expansion area and within the current District boundaries would be under the jurisdiction of the District. The SERC estimates that rule amendment implementation and enforcement costs to the above-described entities will be minimal and/or are offset by the payment of requisite filing and annual fees; and, estimates there will be no negative impact on state and local revenues from the proposed amendment of the rule. With respect to an estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the rule, the SERC indicates that to fund the cost of maintaining infrastructure, operation and maintenance assessments will be imposed on the District property owners. The SERC notes, prospective landowners in the District will be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bonds. Finally, the SERC concludes that the amendment of the District’s boundary will have no impact on small businesses and should not have negative impact on small cities. The City of Jacksonville is not a “small” city as defined by Section 120.52, F.S. According to the SERC, the SERC analysis is based on a straightforward application of economic theory. Input was received from the developer’s engineer and other professionals associated the developer.

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

DATE AND TIME: Tuesday, April 25, 2006, 1:00 p.m.

PLACE: Jacksonville Public Library, Auditorium, 1826 Dunn Avenue, Jacksonville, Florida

Any person requiring a special accommodation to participate in the hearing because of a disability should contact Jonathan Johnson or Wesley Haber, [phone], at least two (2) business days in advance in order to provide sufficient opportunity to make appropriate arrangements.

COPIES OF THE PETITION MAY BE OBTAINED BY CONTACTING: Jonathan Johnson or Wesley Haber, Hopping Green & Sams, 123 South Calhoun Street, Tallahassee, Florida 32301; 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, [phone].