437196, 42DDD-1 - Florida Administrative Rules, Law, Code, Register

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Notice: 437196

Notice of Proposed Rule

Department:

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Division:

Twin Creeks Community Development District

Chapter:

Twin Creeks Community Development District

Overview

RULE:

42DDD-1	Twin Creeks Community Development District
42DDD-1.001	Establishment (Repealed)
42DDD-1.002	Boundary (Repealed)
42DDD-1.003	Supervisors (Repealed)

PURPOSE:

The purpose of this proposed rule is to establish a community development district (“CDD”), the Twin Creeks Community Development District (“District”), pursuant to Chapter 190, F.S.  The petition (amended during the February 13, 2006, local public hearing) filed by EH/Transeastern, LLC, requests the Commission establish a community development district located within St. Johns County, Florida.  A Notice of Receipt of Petition for the Twin Creeks Community Development District was published in the January 27, 2006, edition of the Florida Administrative Weekly.  The land area proposed to be served by the District comprises approximately 3,050 acres.  A general location map is contained as Exhibit 1 to the petition, as amended, to establish the District.  The site is generally located south of Durbin Creek, west of U.S. 1, east of Interstate 95, and on both sides of County Road 210 in St. Johns County, Florida.  There are no parcels within the external boundaries of the proposed District which are to be excluded from the District.  The Petitioner has obtained written consent to establish the District from the landowners of one hundred percent (100%) of the non-governmental real property located within the proposed District.  The development plan for the proposed lands within the District includes the construction of approximately 5,000 units of single family detached units, single family attached units, multi-family housing along with 900,000 square feet of commercial mixed and 2,000,000 square feet of flexible industrial use space.  Additional development plans include a 175 room hotel and a multiplex movie center.  The District, if established, plans to finance certain master infrastructure improvements within the District boundaries.  The improvements include complete construction of the basic infrastructure connecting and serving neighborhoods, including but not limited to:  clearing, earthwork, water, sewer, and reclaimed utilities, internal roadways, and sodding/grassing.  Master infrastructure also includes a community recreation center.  Also included will be stormwater management facilities consisting of treatment ponds, outfalls, land to construct the retention and compensating storage areas, and wetland mitigation to serve the District in accordance with permitting agencies.  Other District improvements include school facilities and substantial off-site improvements related to County Road 210 and US 1.  All of the land in the proposed District is part of the Twin Creeks Development of Regional Impact.

SUMMARY:

The statement of estimated regulatory costs (SERC) supports the petition, as amended, to establish the District.  The complete text of the revised SERC is contained as Exhibit 8 to the petition, as amended.  The scope of the revised 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 minimal administrative costs.  Review costs to St. Johns County are expected to be modest and the County will not incur any quantifiable on-going costs resulting from the on-going administration of the District.  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 amended, to establish the District will have no impact or a positive impact on all small businesses.  The petition, as amended, to establish the District will not have an impact on small counties and small cities as defined by section 120.52, F.S., as St. Johns County is not defined as a small county.  Under section (e), the SERC analysis is based on a straightforward application of economic theory.  Input was received from the developer’s engineer and other professionals associated with the developer.

RULEMAKING AUTHORITY:

LAW:

PRINT PUBLISH DATE:

6/23/2006 Vol. 32/25

COMMENTS:

From 6/23/2006 To 7/14/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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