42GGG-1: SIX MILE CREEK COMMUNITY DEVELOPMENT DISTRICT
42GGG-1.001: Establishment
42GGG-1.002: Boundary
42GGG-1.003: Supervisors
PURPOSE AND EFFECT: The purpose of this proposed rule is to establish a community development district (CDD), the Six Mile Creek Community Development District (District), pursuant to Chapter 190, F.S. The petition filed by Six Mile Creek Venture, LLC, requests the Commission establish a community development district located entirely within the unincorporated limits of St. Johns County, Florida. A Notice of Receipt of Petition for the Six Mile Creek Community Development District was published in the June 30, 2006, edition of the Florida Administrative Weekly. The land area proposed to be served by the District comprises approximately 1,282.15 acres. A general location map is contained as Exhibit 1 to the petition to establish the District. The proposed land area is east of Joe Ashton Road, north of County Road 208, west of Pacetti Road and south of the intersection of Pacetti Road and State Road 16. There is one excluded parcel within the boundary of the proposed District at 5405 S.R. 16, St. Augustine, Florida. No adverse impacts on the excluded parcel are anticipated. The Petitioner either owns or has written consent to establish the District from the owners of 100% of the real property located within the proposed District. The development plan for the District includes construction of approximately 2,278 units of single family detached, single family attached units and multi-family housing. The District contemplates providing certain master infrastructure improvements within the boundaries to include roadway improvements to Pacetti Road and Loop Road, utility infrastructure improvements including water main and force main on Pacetti Road and a water main interconnection, recreation and security improvements including entry feature, landscaping and a guard house, and neighborhood infrastructure including lift stations and force mains, drainage, neighborhood roadways, street lighting and neighborhood parks.
SUMMARY: The purpose of this proposed rule is to establish a community development district (CDD), the Six Mile Creek Community Development District (District), pursuant to Chapter 190, F.S. The petition filed by Six Mile Creek Venture, LLC, requests the Commission establish a community development district located entirely within the unincorporated limits of St. Johns County, Florida. A Notice of Receipt of Petition for the Six Mile Creek Community Development District was published in the June 30, 2006, edition of the Florida Administrative Weekly. The land area proposed to be served by the District comprises approximately 1,282.15 acres. A general location map is contained as Exhibit 1 to the petition to establish the District. The proposed land area is east of Joe Ashton Road, north of County Road 208, west of Pacetti Road and south of the intersection of Pacetti Road and State Road 16. There is one excluded parcel within the boundary of the proposed District at 5405 S.R. 16, St. Augustine, Florida. No adverse impacts on the excluded parcel are anticipated. The Petitioner either owns or has written consent to establish the District from the owners of 100% of the real property located within the proposed District. The development plan for the District includes construction of approximately 2,278 units of single family detached, single family attached units and multi-family housing. The District contemplates providing certain master infrastructure improvements within the boundaries to include roadway improvements to Pacetti Road and Loop Road, utility infrastructure improvements including water main and force main on Pacetti Road and a water main interconnection, recreation and security improvements including entry feature, landscaping and a guard house, and neighborhood infrastructure including lift stations and force mains, drainage, neighborhood roadways, street lighting and neighborhood parks.
SUMMARY OF ESTIMATED REGULATORY COSTS: The statement of estimated regulatory costs (SERC) supports the petition to establish the District. The complete text of the SERC is contained as Exhibit 9 to the petition. The scope of the SERC is limited to evaluating the regulatory costs consequences of approving the proposal to establish the District. 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, small counties, and small cities; (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 principal entities that are likely to be required to comply with the rule include the District, the State of Florida, and St. Johns County. 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 modest administrative costs. St. Johns County will incur modest 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 St. Johns County 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 to establish the District will have no impact or a positive impact on all small businesses. The petition to establish the District will not have an impact on small counties as defined by Section 120.52, F.S., as St. Johns County is not defined as a small county. Under section (e), the analysis provided in the SERC was based on a straightforward application of economic theory. Input was received from the developers engineer and other professionals associated with the developer.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 190.005 FS.
LAW IMPLEMENTED: 190.004, 190.005 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Wednesday, December 20, 2006, 10:00 a.m.
PLACE: Room 1802M, The Capitol, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Barbara Leighty, (850)487-1884, If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Barbara Leighty, Florida Land and Water Adjudicatory Commission, The Capitol, Room 1801, Tallahassee, Florida 32399-0001, (850)487-1884
THE FULL TEXT OF THE PROPOSED RULE IS:
SIX MILE CREEK COMMUNITY DEVELOPMENT DISTRICT
42GGG-1.001 Establishment.
The Six Mile Creek Community Development District is hereby established.
Specific Authority 190.005 FS. Law Implemented 190.004, 190.005, FS. HistoryNew________.
42GGG-1.002 Boundary.
The boundaries of the District are as follows:
A PART OF SECTIONS 31 AND 38, TOWNSHIP 6 SOUTH, RANGE 28 EAST, TOGETHER WITH A PART OF SECTIONS 6, 38 AND 41, TOWNSHIP 7 SOUTH, RANGE 28 EAST, ST. JOHNS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FOR A POINT OF REFERENCE, COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID SECTION 41, TOWNSHIP 7 SOUTH, RANGE 28 EAST, WITH THE WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 13A (A 100.00 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED): THENCE NORTH 71°03'40" WEST, ALONG THE SAID SOUTH LINE OF SECTION 41, A DISTANCE OF 1065.59 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 71°03'40" WEST, ALONG THE SOUTHERLY LINE OF SAID SECTION 41, A DISTANCE OF 3030.75 FEET; THENCE NORTH 60°13'49" WEST, CONTINUING ALONG SAID SECTION LINE, A DISTANCE OF 1734.02 FEET TO THE COMMON CORNER TO SECTIONS 41, 5 AND 6; THENCE SOUTH 03°24'47" EAST, ALONG THE EASTERLY LINE OF SAID SECTION 6, A DISTANCE OF 3052.10 FEET; THENCE SOUTH 03°20'35" EAST, ALONG THE EASTERLY LINE OF SAID SECTION 38, A DISTANCE OF 2086.25 FEET; THENCE NORTH 86°59'59" WEST, A DISTANCE OF 863.15 FEET TO THE WATERS OF SIX MILE CREEK; THENCE NORTH 46°05'12' WEST, ALONG THE WATERS OF SAID SIX MILE CREEK, A DISTANCE OF 1430.00 FEET; THENCE NORTH 45°06'48" WEST, ALONG THE WATERS OF SIX MILE CREEK, A DISTANCE OF 1973.08 FEET; THENCE NORTH 15°52'42" WEST, ALONG THE WATERS OF SAID SIX MILE CREEK, A DISTANCE OF 639.84 FEET; THENCE NORTH 07°08'17" EAST, A DISTANCE OF 540.00 FEET TO A POINT IN THE DIVISION LINE BETWEEN SECTION 6 AND 38; THENCE NORTH 89°07'35" WEST, ALONG SAID DIVISION LINE, A DISTANCE OF 540.00 FEET; THENCE NORTH 01°20'11" WEST, ALONG THE WESTERLY LINE OF THE NORTH 28 ACRES OF THE NORTHEAST ONE QUARTER AND NORTHWEST ONE QUARTER OF SAID SECTION SIX, A DISTANCE OF 2665.80 FEET TO A POINT IN SAID SIX MILE CREEK; THENCE WITH THE WATERS OF SAID SIX MILE CREEK, THE FOLLOWING FOURTEEN (14) COURSES: COURSE NO. 1) NORTH 21°46'57" WEST, A DISTANCE OF 115.71 FEET; COURSE NO. 2) NORTH 04°03'00" WEST, A DISTANCE OF 471.70 FEET; COURSE NO. 3) NORTH 15°30'16" WEST, A DISTANCE OF 530.00 FEET; COURSE NO. 4) NORTH 74°15'52" WEST, A DISTANCE OF 160.00 FEET; COURSE NO. 5) NORTH 31°54'28" WEST, A DISTANCE OF 147.65 FEET; COURSE NO. 6) NORTH 14°54'52" WEST, A DISTANCE OF 655.70 FEET; COURSE NO. 7) NORTH 58°35'33" WEST, A DISTANCE OF 336.17 FEET; COURSE NO. 8) NORTH 38°53'09" WEST, A DISTANCE OF 291.63 FEET; COURSE NO. 9) NORTH 07°47'32" EAST, A DISTANCE OF 480.55 FEET; COURSE NO. 10) NORTH 31°04'47" WEST, A DISTANCE OF 88.74 FEET; COURSE NO. 11) NORTH 20°38'46" EAST, A DISTANCE OF 219.13 FEET; COURSE NO. 12) NORTH 32°56'28" WEST, A DISTANCE OF 141.49 FEET; COURSE NO. 13) NORTH 08°25'22" EAST, A DISTANCE OF 515.92 FEET; COURSE NO. 14) NORTH 15°06'25" WEST, A DISTANCE OF 651.10 FEET; THENCE NORTH 77°45'24" EAST, LEAVING THE WATERS OF SIX MILE CREEK, A DISTANCE OF 2251.55 FEET; THENCE SOUTH 40°06'20" EAST, A DISTANCE OF 3560.03 FEET; THENCE SOUTH 85°45'56" EAST, A DISTANCE OF 4260.63 FEET TO A POINT IN THE DIVISION LINE BETWEEN SAID SECTION 38 AND SECTION 37; THENCE SOUTH 01°06'48" EAST, ALONG SAID WESTERLY LINE OF SECTION 37, A DISTANCE OF 258.39 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 37; THENCE SOUTH 89°40'57" EAST, ALONG THE SOUTH LINE OF SAID SECTION 37, A DISTANCE OF 1179.79 FEET TO THE NORTHWEST CORNER OF A 30.00 FOOT WIDE DRAINAGE EASEMENT, AS RECORDED IN DEED BOOK 182, PAGE 133; THENCE SOUTH 37°05'42" EAST, A DISTANCE OF 930.18 FEET; THENCE SOUTH 12°23'05" WEST, ALONG A LINE PARALLEL WITH AND LYING 50.00 FOOT WESTERLY OF WHEN MEASURED AT RIGHT ANGLES TO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 13A (A 100.00 FOOT RIGHT-OF-WAY AS NOW ESTABLISHED), A DISTANCE OF 1482.90 FEET TO THE POINT OF CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 2392.01 FEET; THENCE SOUTHWESTERLY, CONTINUING ALONG SAID PARALLEL LINE AND ALONG THE ARC OF SAID CURVE, AN ARC DISTANCE OF 604.31 FEET, SAID ARC BEING SUBTENDED BY A CHORD BEARING OF SOUTH 05°08'51" WEST AND A CHORD DISTANCE OF 602.70 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE SOUTH 02°05'24" EAST, CONTINUING ALONG SAID PARALLEL LINE, A DISTANCE OF 868.99 FEET; THENCE SOUTH 87°54'35" WEST, LEAVING SAID PARALLEL LINE, A DISTANCE OF 944.62 FEET; THENCE SOUTH 02°05'25" EAST, A DISTANCE OF 759.38 FEET TO THE POINT OF BEGINNING.
CONTAINING 1288.95 ACRES MORE OR LESS.
LESS AND EXCEPT THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 250, PAGE 693 OF THE PUBLIC RECORDS OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SEC. 6, TOWNSHIP 7 SOUTH, RANGE 28 EAST; THENCE RUN NORTH 420 FEET TO A STAKE, THENCE RUN WEST 330 FEET TO A STAKE, THENCE RUN SOUTH 420 FEET TO A STAKE, THENCE RUN EAST 330 FEET TO POINT OF BEGINNING; CONTAINING THREE (3) ACRES MORE OR LESS AND BEING A PART OF THE PROPERTY CONVEYED BY GORDON FERREIRA AND WIFE TO JOHN Y. SMITH BY DEED DATED OCTOBER 25, 1899, AND RECORDED IN DEED RECORD N3, PAGE 133, ST. JOHNS COUNTY RECORDS.
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE1/4) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION 6, TOWNSHIP 7 SOUTH, RANGE 28 EAST; THENCE RUN WEST 330 FEET TO A STAKE, THENCE RUN SOUTH 10 CHAINS TO A STAKE, THENCE RUN EAST 330 FEET TO A STAKE, THENCE RUN NORTH 10 CHAINS TO A POINT OF BEGINNING; CONTAINING FOUR (4) ACRES MORE OR LESS, AND BEING PART OF THE PROPERTY CONVEYED BY R. I. KNOWLES TO JOHN Y. SMITH BY DEED DATED APRIL 16, 1888, AND RECORDED IN DEED RECORD "LL", PAGE 675, ST. JOHNS COUNTY RECORDS. (6.80 ACRES MORE OR LESS OR 296,208 SQUARE FEET MORE OR LESS).
TOTAL AREA = 1288.95 - 6.80 = 1282.15 ACRES
Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. HistoryNew _________.
42GGG-1.003 Supervisors.
The following five persons are designated as the initial members of the Board of Supervisors: Kelly Kulinski, Steward A. Sparks, III, Cynthia Jones, Kirk Wendland, and Margaret Jennesse.
Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. HistoryNew__________.
