STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: A Rule to Establish )

the Julington Creek Plantation ) Case No. 94-1328 Community Development District. )

)

REPORT AND CONCLUSIONS

On May 6, 1994, a public hearing was held in this cause in St. Augustine, Florida, for the purpose of considering the petition of Atlantic Gulf Communities Corporation (Petitioner) to adopt a rule authorizing the establishment of the Julington Creek Plantation Community District (District) in St. Johns County, Florida, pursuant to Chapter 190, Florida Statutes. At hearing, petitioner was represented by Cheryl G. Stuart, Esquire, and David L. Powell, Esquire. An appearance was also entered by Daniel J. Bosanko, Esquire, for St. Johns County.

Petitioner presented the testimony of J. Thomas Gillette, III, vice president of Atlantic Gulf Communities Corporation, general manager of Julington Creek Plantation, and agent of petitioner in this proceeding, Douglas C. Miller, an expert in civil engineering with emphasis in public infrastructure design, public infrastructure prmitting, public infrastructure cost estimation, construction administration and survey, and Gary R. Walters, an expert in planning with emphasis in long-range community planning, economic development, and special district establishment and management. Offering testimony in the role of public witnesses were Kathleen T. Minnis and John R. Sanders. The names and addresses of all witnesses are set forth in Appendix A attached to this Report and a summary of their testimony is contained in the findings set forth in a subsequent part of this Report. Petitioner offered exhibits 1-14 which were accepted and made a part of this record. Also, two late-filed exhibits have been received as petitioner's exhibits 15 and 16. A list of the exhibits is contained in Appendix B attached to this Report. A posthearing comment in the form of a letter was filed by Kathleen T. Minnis, who testified at the public hearing. A response to the letter has been filed by petitioner. Both documents have been considered by the undersigned. Finally, a copy of the text of the rule is contained in Appendix C attached to this Report.

This Report and Conclusions is submitted to the Florida Land and Water Adjudicatory Commission (Commission) pursuant to Rule 42-1.013, Florida Administrative Code.

PRELIMARY STATEMENT

This proceeding began when petitioner filed a petition with the Secretary of the Commission on March 2, 1994, seeking authorization to establish a community development district in an unincorporated area of St. Johns County, Florida. The contents of the petition are found in petitioner's exhibit 1 accepted into the record. After certifying that all elements and contents of the petition were complete, the Secretary forwarded the petition to the Division of Administrative Hearings on March 11, 1994. A notice of public hearing was issued setting this matter for hearing on May 6, 1994, in St. Augustine, Florida. In addition, petitioner was required to publish notice of the public

hearing in a newspaper of general circulation in the affected area. Such notice was published in the St. Augustine Record, a daily newspaper in St. Augustine, Florida, on April 4, 11, 18, and 25, 1994. Proof of publication is found in petitioner's exhibit 7 accepted into the record. As required by Rule 42-1.011, Florida Administrative Code, a copy of said notice was also served on the Department of Community Affairs. Finally, notice of the hearing was published by the Secretary in the Florida Administrative Weekly on April 22, 1994, as required by Rule 42-1.010(1)(b), Florida Administrative Code. A copy of said notice is found in petitioner's exhibit 2 accepted into the record.

Petitioner also filed a copy of the petition with the St. Johns County Board of County Commissioners and paid the required $15,000 filing fee to that body. A public hearing on the petition was held by the Economic Development Committee of the County Commission on April 5, 1994. The Board of County Commissioners held optional public hearings on April 12 and 26, 1994. After the hearings were concluded, the Board of County Commissioners adopted a resolution supporting the establishment of the District. A copy of the resolution has been received into evidence as petitioner's exhibit 3.

The hearing in this matter was conducted in accordance with the provisions of Subsection 190.005(1)(d), Florida Statutes, and Rule 42-1.012, Florida Administrative Code. A transcript of the proceeding was filed with the undersigned on May 23, 1994, and is being transmitted with the Report and Conclusions. Finally, petitioner submitted a proposed report of findings and conclusions which has been considered by the undersigned.

Overview of the Case

1. Petitioner is seeking the adoption of a rule by the Commission to establish a community development district of approximately 4,119 acres in northwestern St. Johns County, located about fifteen miles from St. Augustine. If established, the District will be an independent special district authorized pursuant to Chapter 190, Florida Statutes. The District will have all powers set forth in Chapter 190, Florida Statutes, including but not limited to the ability to finance, own, operate and maintain certain community facilities and services.

   
   

2. Generally, the property is bounded by low density residential development and Julington Creek to the north, agricultural lands and low density residential development to the south, and low density residential development to the west. The lands within the proposed District are largely undeveloped, except for an eighteen-hole golf course.

   
   

3. All land within the District will be developed as a mixed-use project pursuant to St. Johns County Ordinance No. 93-43, the development order for the Julington Creek Plantation Planned Unit Development (PUD), and St. Johns County Resolution No. 93-159, the development order for the Julington Creek Development of Regional Impact (DRI), both adopted by the St. Johns Board of County Commissioners (Board) on September 28, 1993.

   
   

4. The Julington Creek Plantation community will be primarily a residential development. The approved plan of development authorizes approximately 6,400 residential dwelling units as well as commercial, recreational and utility land uses within the project in three phases. Petitioner at present contemplates the construction of approximately 5,700

   dwelling units, 41.9 acres of commercial space, and other authorized development within the District in three phases. At present there are approximately 24 households within the District.

   
   

5. Petitioner presently intends for the District to participate in the construction of certain road improvements as required by the current DRI development order. These road improvements include portions of Racetrack Road and State Road 13. The District also will assist in financing the improvement of Russell Sampson Road, located one-half mile east of the Julington Creek Plantation community, connecting Racetrack Road with County Road 210 and Interstate Highway 95. Petitioner further presently intends for the District to finance, construct, own, operate, and maintain a multi-purpose recreational facility within its boundaries.

   
   

6. The estimated cost in 1993 dollars for these capital improvements is

   $11,431,515, with construction scheduled to take place from 1995 through 1998. Actual construction costs and timetables may vary for a variety of reasons, including final design and permitting criteria, and future changes in economic conditions upon labor, services, materials, interest and general market circumstances.

   
   

7. Petitioner proposes that the District utilize special assessment or revenue bonds to finance the planned infrastructure. The bonds are expected to be repaid through non-ad valorem assessments on the land within the District, or rates and charges established by the District. Petitioner has no current plans for the District to issue general obligation bonds or to impose ad valorem taxes. Petitioner proposes for the District to impose user charges for use of the recreation center.

   
   

8. Petitioner presently proposes for the District to maintain certain arterial and subdivision roadway lighting. Petitioner also intends for the District to maintain the water management system and wetland and conservation areas to be constructed or established by others. Maintenance of State Road 13, Racetrack Road and Russell Sampson Road will be by state or county transportation agencies.

   
   

9. The Board concluded that, so far as the County is concerned, the District would satisfy the criteria set forth in Section 190.005(1)(e)2.-6., Florida Statutes, and recommended that the Commission adopt a rule to establish the District as proposed by Petitioner.

   
   

10. The sole purpose of this proceeding is to consider the establishment of the District as proposed by Petitioner to provide the community development facilities and services for the Julington Creek Plantation community as approved by the County.

    
    

    Summary of Evidence and Testimony

    
    

    1. Whether all statements contained within the petition have been found to be true and correct.

       
       

11. Gillette identified Petitioner's Exhibit 1 as a copy of the petition and its exhibits as filed with the Commission. At the hearing, he provided a revised legal description to more accurately describe the area to be included within the District. This revised legal description expressly excluded an additional area, identified as "Exception (10)," from the boundaries of the District and omitted unnecessary preamble language. Gillette provided a revised

    map of the area described in the legal description. The revised legal description and map were substituted for the legal description and map included as attachment 2 to the petition as filed.

    
    

12. Gillette also corrected the petition to specify that approximately 4,119 acres would be included within the District, rather than the 4,125 stated in the petition as filed. This revised figure was calculated to account for the deletion of "Exception (10)," which totalled 5.73 acres.

    
    

13. Gillette provided additional consent and joinder forms from landowners who had purchased property within the District subsequent to the filing of the petition. These consent and joinder forms supplemented the forms submitted with the petition.

    
    

14. Walters testified that two changes were necessary for the economic impact statement (EIS) submitted with the petition as Petition Exhibit 9. First, acreage figures in the EIS must be corrected. The total acreage in the

    District is approximately 4,119. The land use mix, as corrected, includes 1,639 acres for open space, conservation, rights of way, golf course and parks.

    Approximately 2,480 acres are to be used for residential, neighborhood and community commercial land uses.

    
    

15. Second, Walters clarified the District's proposed maintenance duties for street lighting. The District will pay for electric service for street lighting. Physical maintenance will be performed by the Jacksonville Electric Authority. With the changes and additions set forth in paragraphs 26-30, all statements in the petition and its attached exhibits are true and correct.

    
    

    1. Whether the creation of the district is inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan.

       
       

16. Walters reviewed the District in light of the requirements of the State Comprehensive Plan, Chapter 187, Florida Statutes, and the 1990-2005 St. Johns County Comprehensive Plan, adopted pursuant to Chapter 163, Part II, Florida Statutes (Local Comprehensive Plan). In addition, the Board and the Department of Community Affairs reviewed the District in light of the requirements of the Local Comprehensive Plan.

    
    

    State Comprehensive Plan

    
    

17. From a planning perspective, four goals of the State Comprehensive Plan, and policies supporting those goals, apply directly to the District. From an economics perspective, three goals and policies supporting those goals apply directly to the District.

    
    

18. Goal 16, Land Use, recognizes the importance of locating development in areas with the fiscal ability and service capacity to accommodate growth. From both a planning and an economic perspective, the District will have the fiscal capacity to provide a range of services to a population in a designated growth area of northwestern St. Johns County.

    
    

19. Goal 18, Public Facilities, provides that the state shall protect substantial investments in public facilities and plan for and finance new facilities to serve residents in a timely, orderly and efficient manner. From both a planning and an economics perspective, the District will provide capital improvements to designated portions of a state and two county roads and a

    recreational center in the Julington Creek Plantation community at no cost to the County, allowing County resources to be devoted to needs of the population outside the District.

    
    

20. Goal 21, Governmental Efficiency, provides that governments shall economically and efficiently provide the amount and quality of services desired by the public. From both a planning and an economics perspective, the District would provide services and facilities to residents and property owners of the District at a level and quality demanded by them.

    
    

21. Goal 26, Plan Implementation, provides that systematic planning shall be integrated into all levels of government, with emphasis on intergovernmental coordination. From a planning perspective, all District board meetings will be publicly noticed and open to the public, therefore, all citizens may participate. In addition, Section 189.415, Florida Statutes, requires the District to file annual public facilities reports with the County which the County may use and rely on in any revisions to the Local Comprehensive Plan.

    
    

22. From both a planning and economics perspective, the District would not be inconsistent with any applicable element or portion of the State Comprehensive Plan.

    
    

    Local Comprehensive Plan

    
    

23. From a planning perspective, the Future Land Use Element and Map and the Intergovernmental Coordination Element of the Local Comprehensive Plan apply directly to the District. From an economics perspective, the Capital Improvements Element applies directly to the District.

    
    

24. The Future Land Use Element, Goal A.1 and supporting policies, seeks to manage growth and development by designating areas of anticipated future development which satisfy demand in a cost-efficient and environmentally acceptable manner. From a planning perspective, the District would further this goal by means of effective infrastructure planning, public finance, and community-wide maintenance.

    
    

25. The Intergovernmental Coordination Element, Goal I.1 and supporting objectives and policies, acknowledges the need for alternative providers of facilities and services and requires appropriate mechanisms to coordinate, monitor, and evaluate their activities where such activities have a bearing on required levels of service and land planning decisions by the County. From a planning perspective, the District satisfies that need.

    
    

26. The Capital Improvements Element, Goal J.1 and supporting policies and objectives, is intended to ensure the orderly and efficient provision of certain public facilities and services, including roads and park and recreation facilities. From an economics perspective, the District furthers that intent because it would finance and/or construct road improvements and a recreation center to serve the community.

    
    

27. Nothing in the Local Comprehensive Plan precludes the establishment of a community development district in St. Johns County. The Local Comprehensive Plan is mostly silent on the powers of such districts but it does not prevent a community development district from exercising any of the general or optional powers set forth in Sections 190.011 and 190.012, Florida Statutes.

28. The Board concluded the District would not be inconsistent with any relevant or material portion or element of the Local Comprehensive Plan.

    
    

29. The Department of Community Affairs concluded that the District would not be inconsistent with the Local Comprehensive Plan.

    
    

30. From both a planning and an economics perspective, the District would not be inconsistent with any applicable element or portion of the Local Comprehensive Plan.

    
    

    1. Whether the area of land within the district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community.

       
       

31. Testimony on this criterion was provided by Gillette, Miller and Walters. The lands that comprise the District consist of approximately 4,119 acres bounded to the north by Julington Creek and Durbin Creek, to the southwest partially be Cunningham Creek, and to the west by State Road 13. The site is transected east-to-west by Racetrack Road. The southernmost portion of the District, called "Mill Creek," is located west of State Road 13 and is bordered by Mill Creek and Cunningham Creek.

    
    

32. The approved plan of development for the area within the District includes approximately 2,480 acres comprised of predominantly single-family residential homes and selected multi- family residential areas supported by both neighborhood and community-wide commercial. Within the District, the approved plan of development also includes approximately 1,639 acres of open space, conservation, rights of way, golf course, and parks. It is designed as a functionally interrelated residential community that will provide its residents with a complete range of facilities, services and amenities in a secluded setting.

    
    

33. The land use plan for the area to be included within the District is set forth in the development order for the Julington Creek Development of Regional Impact, which was approved on September 28, 1993, pursuant to St. Johns County Resolution No. 93- 159, amending and replacing St. Johns County Resolution No. 82-37, as amended. All of the land in the District is subject to the development order.

    
    

34. The DRI development order specifies that it governs approximately 4,150 acres. A surveyor hired by Petitioner concluded that the area governed by the DRI development order is 4,263.81 acres, with the discrepancy ascribed primarily to interpretations of meandered boundaries on Durbin and Cunningham creeks. Based on these figures, approximately 144 acres covered by the DRI development order would be outside the District. These areas were developed prior to commencement in 1993 of the process to establish the District.

    
    

35. The portions of Julington Creek Plantation excluded from the District include approximately 300 residential lots, located in previously developed subdivisions identified as The Greens, Timber Trace and Oak Pointe I, of which approximately 290 had been sold to third parties as of the date of the local public hearing. Petitioner concluded it would not be practical to seek the consent of those owners to creation of the District, as required by law if they were to be included. There was no agreement between Petitioner and its predecessor, General Development Corporation, or residents of these areas with respect to establishment of the District.

36. Functional interrelation means that each community purpose has a mutual relationship to one another. Each function must be designed to contribute to the development or maintenance of the larger whole, in this case, the Julington Creek Plantation community. Each function requires a management capability, funding source, and an understanding of the size of the community's needs so as to handle the growth and development of the community.

    
    

37. The size of the District as proposed is approximately 4,119 acres. From a planning perspective, this size is sufficient to constitute a functionally interrelated community. The Julington Creek Plantation community will have sufficient population density and property size to require all the basic facilities and services of a community. These facilities require adequate planning, design, financing, construction and maintenance.

    
    

38. Compactness relates to the location in distance between the lands and land uses within a community. From a planning perspective, the property that comprises this community is compact because all the property is part of a single project, is close together, and has no barriers separating it.

    
    

39. Contiguous means touching along a boundary or point. From a planning perspective, the property is sufficiently contiguous when all parts of a project are either in actual contact or are separated by no more than a roadway. All parts must be close enough to allow the efficient design and use of infrastructure. The land need not be functionally connected, especially when planning specialized governmental systems, facilities and services. Nor need it be actually touching to be sufficiently contiguous for planning purposes. The Julington Creek Plantation community is sufficiently contiguous for planning purposes and for the purpose of district governance.

    
    

40. From an engineering perspective, the area is designed to function as one interrelated community. All of the systems and facilities to be constructed or maintained by the District will be integrated into the overall design of the community.

    
    

41. From an economics perspective, the physical configuration of the District is ideal. The area to be included in the District is compact and contiguous. The size of the District allows economical construction of road improvements and maintenance of the water management and wetlands conservation system in a long-term cost-effective manner.

    
    

42. The Board concluded that the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as a single functional interrelated community.

    
    

43. From planning, economics and engineering perspectives, the area of land to be included in the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a single functionally interrelated community.

    
    

    1. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district.

       
       

44. The community development services and facilities expected to be delivered by the District include ownership, operation and maintenance of the water management and wetlands conservation system and the community recreation center, and to pay the operating costs of the collector and subdivision road

    lighting system. In addition, the District plans to finance improvements for portions of State Road 13 and two County roads, Racetrack Road and Russell Sampson Road.

    
    

45. Capital costs for the road improvements are expected to be defrayed through non-ad valorem assessments levied on all benefitted property in the District. Capital costs for the recreation center are expected to be defrayed through non-ad valorem assessments. Expenses for operation and maintenance of District facilities are expected to be paid through maintenance assessments and/or user fees.

    
    

46. Three alternative methods were identified for delivering community development facilities and services to the Julington Creek Plantation community

    -- County delivery, including use of a dependent special district, County delivery through a municipal service taxing unit, and private delivery by the developer or a property owners association.

    
    

47. In evaluating alternative methods for delivering community development facilities and services, factors to consider include whether an alternative can deliver the best focused service and facilities; whether the alternative has an entity to manage the delivery; whether the alternative can provide a long-term perspective; whether the alternative is a stable provider; and whether the alternative can secure low-cost long-term financing to pay for all benefits at a sustained level of quality.

    
    

    Delivery by the County or a Dependent Special District

    
    

48. The County, either directly or through a dependent special district, can provide a long-term perspective and is stable. Further, it can provide low- cost financing at sustained levels of quality. However, the County has substantial demands over a broad geographic area which places a heavy management load on its staff. Any financing by the County, including through a dependent special district, would count against the County's bonding capabilities and further limit the County's ability to provide infrastructure to other portions of St. Johns County.

    
    

    Delivery by a Municipal Service Taxing Unit

    
    

49. The area to be served by the District is currently served by the Julington Creek Municipal Services Taxing Unit (MSTU), established by St. Johns County on April 13, 1982, by Ordinance No. 82-17. It is currently responsible for paying for electricity for street lighting and for maintaining lakes in the Julington Creek Plantation community. To date, the MSTU has not met all the facility and service needs of the area to be included in the District.

    
    

50. If the District is created, it will assume responsibility for providing street lighting and maintaining lakes within the portion of the community included within the District. In the few areas of the community outside the District, those responsibilities will be taken over by the property owners association. Petitioner will request that St. Johns County abandon the MSTU. The County anticipates this request from Petitioner.

    
    

51. The MSTU can provide focused, though limited, service delivery to an area with the direct attention of the County staff and eventual policy direction by the Board. It can also provide low-cost financing. However, any debt incurred by the MSTU would count against the debt capacity of the County.

    Further, the County would incur direct costs for planning, financing and building infrastructure with its own revenues and staff.

    
    

52. Compared to the District, the MSTU also would provide a more limited means for providing additional facilities and services to the community, in the event the residents of Julington Creek Plantation decide later to seek and pay for such facilities and services.

    
    

    Private Delivery

    
    

53. Private means for delivering community development services and facilities include delivery through a master neighborhood-type property owners association or by a private developer. Either of these means can satisfy the demand for focused service and facilities and managed delivery. However, neither can assure a long-term perspective, act as a stable provider of services and facilities, or qualify as a low-cost source of financing.

    
    

54. A property owners association could provide staffing and decisionmaking for these services and facilities, but such associations lack the capability to issue bonds or other forms of long-term debt. Therefore, it could not effectively finance the necessary infrastructure.

    
    

55. The developer could provide community development services and facilities by utilizing long-term financing from private lenders, however, such financing would be more expensive than financing through a public entity. In addition, a private developer generally is not the long-term stable entity which can maintain necessary facilities.

    
    

    Delivery by the District

    
    

56. The District is an independent special purpose unit of local government designed to focus its attention on providing the best long-term services to its specific benefitting properties and residents. It has limited powers and jurisdiction. It will be governed by its own board of supervisors and managed by those whose sole purpose is to provide long-term planning, financing and management of services and facilities for the District. Sources of funding assure that District services and facilities will be adequately managed at sustained levels of quality.

    
    

57. The District will focus most directly on the proposed capital improvement needs of the area. Its attention will not be diverted by numerous other activities and projects, which will help ensure timely and cost effective completion. Construction of the road improvements, if undertaken by the District, will be completed sooner than otherwise required. That would be a distinct benefit from an engineering standpoint.

    
    

58. The District is the only alternative that has all the advantages of each of the other alternatives without any of the disadvantages of any one of the alternatives.

    
    

59. The Board expressly contemplated the establishment of a community development district when it authorized the Julington Creek Plantation community in a restated DRI development order in 1993. The DRI development order provides:

    If a Community Development District is established by the Developer pursuant to Chapter 190, Florida Statutes, it may finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain projects, systems and facilities for the purposes set forth in Chapter 190, F.S. (1991).

    St. Johns County expressly approves and consents to the construction or funding by the District of all such projects within or without the boundaries of the District required by this development order or necessary to serve the development approved by this development order. If the Developer is required by this development order to provide, pay for or otherwise cause to be provided infrastructure, projects, systems or facilities set forth in Chapter 190, F.S., including without limitation those in Section 190.012(1) and (2), F.S. (1991),

    then it is intended that the Community Development District independently may satisfy such obligations and St. Johns County consents to the District's role.

    To the extent any such obligation under this development order is met or performed by the District, then the Developer shall no longer be subject to the obligation.

    Nothing in this Section shall be construed as approval of or consent by the County to the establishment of a Community Development District (CDD) by the Developer pursuant to Chapter 190, F.S., and the County expressly

    maintains all rights available to it pursuant to Chapter 190, F.S., related to the proposed establishment of a CDD by the Developer.

    
    

60. The Board subsequently concluded that the District appears to be a viable alternative so far as County matters and interests are concerned for delivering community development systems, services and facilities to the area that will be served by the District in a timely manner.

    
    

61. From planning, economics and engineering perspectives, the District is the best alternative available for delivering community development services and facilities to the area that will be served by the District. It is the best way to assure that growth will pay for itself.

    
    

    1. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities.

       
       

62. The land area of the District is relatively isolated within the County and in part surrounded by conservation areas. There are no local or regional facilities within the area served by the District which duplicate proposed

    facilities of the District. The road improvements and recreational center do not yet exist. Petitioner plans for the District to maintain the water management system and wetlands conservation areas in perpetuity.

    
    

63. Two arterial roads are to be improved with the assistance of the District. These projects include the four-laning of State Road 13 from Racetrack Road to Davis Pond Boulevard, and the four- laning of Racetrack Road from State Road 13 to Russell Sampson Road, which lies east of the District. In addition, the District proposes to participate in financing improvements to Russell Sampson Road. All these improvements are required by the DRI development order. None are currently funded by any governmental entity.

    
    

64. State Road 13 will be maintained by the Department of Transportation. St. Johns County will maintain Racetrack Road and Russell Sampson Road. Maintenance by these agencies will include paying for electricity for road lighting.

    
    

65. Internal roads within the District are proposed to be developed, constructed and financed by Petitioner. Road lighting within the District will be constructed and owned by the County, but the District will be responsible for electrical costs for those lights.

    
    

66. Facilities proposed to be financed or constructed by the District have not been undertaken by the MSTU, so the MSTU would not duplicate any of those services or facilities. The MSTU currently provides certain street light and lake maintenance services, but Petitioner intends to request that the County abandon the MSTU after creation of the District to avoid even the potential for duplication.

    
    

67. Petitioner intends for the District to plan, finance and construct the master recreation center. The facility will include an adult pool, junior olympic pool, and ancillary facilities. In addition, a volleyball court, basketball court, snack bar, restrooms, parking and reception/office facilities are expected to be included.

    
    

68. The District will maintain the water management system and wetlands conservation areas.

    
    

69. The facilities and services to be provided by the District will accelerate local and regional improvements and provide operation and maintenance services not currently provided.

    
    

70. The Board concluded that the community development systems, services and facilities of the District will not be incompatible with the capacity and uses of existing community development services and facilities so far as County considerations are concerned.

    
    

71. From planning and engineering perspectives, the services and facilities to be provided by the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities.

    
    

    1. Whether the area that will be served by the district is amenable to separate special-district government.

       
       

72. Two criteria are needed to evaluate a land area for suitability for separate special district governance. They are whether the area is of

    sufficient size, compactness and contiguity to be the basis for a functional interrelated community, and whether the land area needs, and the owners and residents will benefit from, the community development services and facilities.

    
    

73. From planning, economic and engineering perspectives, the area of land to be included in the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a single functionally interrelated community.

    
    

74. The Julington Creek Plantation community needs basic infrastructure and services including maintenance of the water management system for drainage, maintenance of wetland conservation areas, roadway improvements as required by the DRI development order, electricity for street lights, and recreational facilities. The District will undertake those services on a perpetual basis.

    
    

75. The Board concluded that the area to be served by the District is amenable to separate special district government so far as the County is apprised.

    
    

76. From planning and engineering perspectives, the area that will be served by the District is amenable to separate special-district government.

    
    

    1. Other requirements imposed by statute or rule.

       
       

77. Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code, impose specific requirements regarding the petition and other information to be submitted to the Commission.

    
    

    Elements of the Petition

    
    

78. Section 190.005(1)(a)1., Florida Statutes, requires the petition to contain a metes and bounds description of the external boundaries of the District. Petitioner's Exhibit 1, as corrected at hearing by Petitioner's Exhibit 6, contains such a description.

    
    

79. Section 190.005(1)(a)2., Florida Statutes, requires the petition to contain written consent to establishment of the District by the owners of 100 percent of the real property to be included in the District. Petitioner's Exhibit 1, as amended and supplemented at hearing by Petitioner's Exhibit 13, contains consents from a total 14 persons. All landowners within the District as of the date of the local public hearing have consented to being included in the District.

    
    

80. Section 190.005(1)(a)3., Florida Statutes, requires the petition to contain the names of five persons, all residents of the State of Florida and citizens of the United States, to serve on the initial board of supervisors. The five persons designated in the petition to serve on the initial board of supervisors are:

    
    

    Kimball D. Woodbury 7500 SW 75th Street Miami, Florida 33143

    
    

    David A. Branson

    6641 Wedgewood Avenue

    Davie, Florida 33331

    John H. Fischer 9500 SW 94th Court

    Miami, Florida 33176

    
    

    J. Thomas Gillette, III 9965 Richfield Drive

    Jacksonville, Florida 32257

    
    

    Terrell R. Jones

    9334 SW 172nd Terrace Miami, Florida 33157

    
    

    All of the designees are residents of the State of Florida and citizens of the United States.

    
    

81. Section 190.005(1)(a)4., Florida Statutes, requires the petition to propose a name for the District. The petition proposes the name "Julington Creek Plantation Community Development District."

82. Section 190.005(1)(a)5., Florida Statutes, requires that the petition show current major trunk water mains and sewer interceptors and outfalls if in existence. Petition Exhibit 7 shows the location of those facilities within the District.

    
    

83. Section 190.005(1)(a)6., Florida Statutes, requires the petition to set forth the proposed timetable for construction of services and facilities and estimated cost for such construction. Petitioner's Exhibit 1 provides such a timetable and estimate.

    
    

84. Section 190.005(1)(a)7., Florida Statutes, requires the petition to designate the future general distribution, location and extent of public and private uses of land. The petition provides that information.

    
    

85. Section 190.005(1)(a)8., Florida Statutes, requires the petition to include an EIS which meets the requirements of Section 120.54(2), Florida Statutes. The petition contains an EIS and it meets all requirements of Section 120.54(2), Florida Statutes.

    
    

    Economic Impact Statement

    
    

86. The EIS assumes it is socially desirable to use the least expensive, least intrusive, most responsive method to achieve delivery of any given public improvement and to provide selected system maintenance. An entity that is directly accountable for costs and derives the benefits is more likely to achieve the desired result. The District is such an entity.

    
    

87. The District is a severely limited and highly specialized unit of local government which serves as an important tool for the County under Florida's growth management laws. It is a special unit of local government with a single purpose: the provision of infrastructure and services for new communities. Its economic benefits exceed its economic cost to all affected parties.

    
    

88. Petitioner proposes that the District utilize special assessment or revenue bonds for capital to provide planned infrastructure. The bonds will be repaid through non-ad valorem assessments on the land within the District, or rates and charges established by the District.

89. Petitioner has no current plans for the District to issue general obligation bonds or to impose ad valorem taxes. Such bonds may not be issued or taxes be imposed until after District residents elect the District Board of Supervisors on a one-person, one-vote basis.

    
    

90. The EIS contains an estimate of the costs and benefits to all persons directly affected by the proposed rule to establish the District -- the State of Florida and its citizens, St. Johns County and its citizens, Petitioner, and consumers.

    
    

91. Beyond administrative costs related to rule adoption, the State and its citizens will incur no costs from establishment of the District. The District will require no subsidies from the State. Benefits will include improved planning and coordination of development, which is difficult to quantify but substantial nevertheless.

    
    

92. Administrative costs incurred by the County related to rule adoption should be more than offset by the $15,000 filing fee paid by Petitioner. Benefits to the County will include improved planning and coordination of development, without incurring any administrative or maintenance burden for facilities and services within the District except for those it chooses to accept.

    
    

93. Petitioner incurred substantial costs in seeking establishment of the District and will be required to provide technical assistance to the District after establishment. As a landowner, Petitioner will pay substantial sums in non-ad valorem assessments for property within the District. These sums in the initial period amount to more than $9 million. Benefits to Petitioner include public bond financing for certain improvements and a long-term stable source of capital, which will benefit Petitioner's development project. In addition, needed infrastructure will be in place earlier than might otherwise be possible, and consistently high levels of quality should be maintained.

    
    

94. Consumers will pay District special assessments or fees for certain facilities, however, the District's facilities would be required even in the absence of the District itself. The cost would have to be recovered in some other way. Generally, district financing may be no more expensive than the alternative of an MSTU and, in most cases, may be less expensive than a property owners association or developer-financed loans. Benefits to consumers will include a higher level of public services and amenities than otherwise would be the case, completion of District-sponsored improvements on a timely basis and earlier than otherwise expected, and a larger share of direct control over community development services and facilities.

    
    

95. The EIS concluded that the benefits from the District would outweigh the costs to each affected person or class of persons.

    
    

    Other Requirements

    
    

96. Section 190.005(1)(b), Florida Statutes, requires Petitioner to pay a

    $15,000 filing fee to the County. Petitioner paid the fee.

    
    

97. Section 190.005(1)(d), Florida Statutes, requires Petitioner to publish notice of the local public hearing in a newspaper of general circulation in St. Johns County for four consecutive weeks prior to the hearing. The notice was published in the St. Augustine Record for four consecutive weeks, on Mondays, starting April 4, 1994.

98. Rule 42-1.011(1)(a), Florida Administrative Code, requires Petitioner to furnish proofs of publication of the notice of local public hearing to the Secretary of the Commission. The original proofs of publication were furnished to the Secretary on May 11, 1994, as required.

    
    

99. Rule 42-1.011(1)(b), Florida Administrative Code, requires Petitioner to mail a copy of the notice of local public hearing to all persons named in the proposed rule, the affected local government, and the Secretary of the Department of Community Affairs. Such individual notice was mailed as required by the rule.

    
    

100. Petitioner voluntarily mailed individual written notice of the local public hearing, together with information on community development districts, to all persons residing in the District or under contract to purchase a lot in the District prior to May 6, 1994.

     
     

101. Section 190.012(2)(a), Florida Statutes, provides that the District may exercise certain powers with respect to parks and facilities for indoor and outdoor recreational, cultural and educational uses with the consent of the local general-purpose government. On April 26, 1994, by Resolution No. 94-78, the Board consented to the District exercising all powers pursuant to Section 190.012(2)(a), Florida Statutes, necessary to finance, construct, own, operate, and maintain parks and facilities for indoor and outdoor, recreational, cultural and educational uses effective upon adoption, within 45 days of establishment of the District, of a resolution by the District's Board of Supervisors confirming its intention to utilize such authority.

     
     

     1. Questions by Kathleen P. Minnis, a resident of the area to be included in the District, in a letter dated May 15, 1994.

     
     

102. During the period allowed for post-hearing submittals, Kathleen P. Minnis, a resident of the area to be included within the District, submitted a letter to the Hearing Officer, dated May 15, 1994, with a series of questions regarding the District. John P. Sanders, who has a contract to purchase a lot within the District but does not live in the District at the present time, also raised some of the same questions in his testimony at the public hearing. Petitioner addressed these issues at the hearing with testimony by Gillette and Walters, and in a post-hearing submittal, dated May 26, 1994. That submittal has been received in evidence as petitioner's exhibit 16. Some of Ms. Minnis' questions were legal questions which can be answered by reference to Chapter 190, Florida Statutes.

     
     

103. In her letter, Ms. Minnis' questions centered on special assessments and fees to be imposed by the District -- who would establish them, when they would begin, how they would be set, how much they would be, what measures would exist to preclude increased assessments, whether there would be a maximum, and how fees would be set for nonresident use of the recreation center. Ms. Minnis also asked whether the District would begin the transition to the one-person, one-vote system for the Board of Supervisors on the schedule set forth in Section 190.006(3)(a)2.b., Florida Statutes.

     
     

104. The fiscal powers of the District will be governed by Chapter 190, Florida Statutes. (Tr. 69) The Board of Supervisors will levy all special assessments and fees for District facilities, including the recreation center. See 190.035(1), Fla. Stat. (1993). Neither the County nor Petitioner will levy assessments or fees for the District. Petitioner has not proposed a date for

     assessments to begin, but Petitioner does not expect the District to levy assessments in 1994.

     
     

105. Assessments and fees will be levied in order to finance the District's capital improvements, which Petitioner has estimated will cost approximately $11.4 million in 1993 dollars. Petitioner proposes that these capital improvements be financed with twenty- year revenue bonds to be repaid by assessments levied on property within the District and, in the case of the recreation center, user fees. Operation and maintenance costs of District improvements would be paid by similar assessments and fees.

     
     

106. Petitioner proposes that the District levy a special assessment on each lot or parcel based on the benefit it receives from the facilities and services. Once the debt attributable to that parcel or lot is paid, the homeowner or landowner cannot be made to pay debt-related assessments for other parcels or lots. The bondholder accepts the risk that some assessments may not be paid. This method of financing will protect each homeowner or landowner from paying more than his or her fair share.

     
     

107. Petitioner does not intend to propose that the District levy assessments based on the assessed value of the land. That would constitute an ad valorem tax, which may not be levied by the District until the Board of Supervisors is elected by and composed of registered voters residing in the District. See 190.006(3)(a)1., Fla. Stat. (1993). Therefore, the cost of a home or lot, or the assessed value of developed or undeveloped land, would not be the basis for determining the amount of assessments.

     
     

108. Just as no one can determine how much a homeowner within the District will pay in taxes to St. Johns County in future years, no one can definitely determine how much such a homeowner will pay in special assessments to the District. As a practical matter, Petitioner will share with homeowners such as Ms. Minnis an interest in holding special assessments to a minimum consistent with the requirement or need for certain facilities. Because Petitioner owns the vast majority of the land during the initial years of the development, it will pay the vast majority of the assessments during those years. In addition, Petitioner is interested in holding down the amount of special assessments so that the land it seeks to sell will be competitively priced.

     
     

109. With respect to nonresident use of the recreation center, Section 190.035(3), Florida Statutes, provides that rates, fees and charges must be "just and equitable and uniform for users of the same class." The District may not unjustly or unfairly discriminate in access to or charges for its facilities, including the recreation center. See 190.035(1), (3), Fla. Stat. (1993). At present, Petitioner intends to ask the Board of Supervisors to establish a fee for nonresident use that would approximate the operation and maintenance assessment to be paid by District residents.

     
     

110. In the initial years, the Board of Supervisors will be elected by landowners on a one-acre, one-vote basis as provided by law. See 190.006(2)(b), Fla. Stat. (1993). Section 190.006(3)(a)2.b., Florida Statutes, provides that if there are 250 registered voters residing in the District six years after its creation, the method of selecting the Board of Supervisors will change on a phased schedule from election by landowners to election by registered voters within the District. Petitioner expects there will be 250 households occupied within the District six years after establishment. Whether that will result in 250 registered voters within the District is beyond Petitioner's ability to know or control.

111. Finally, Ms. Minnis said in her letter that, when purchasing her home in the Willow Pond I subdivision, she was misled by a real estate agent affiliated with Panitz Homes regarding assessments that might be imposed by the District. However, the real estate agents were not affiliated in any way with Petitioner, and Petitioner was unaware of any misrepresentation, if one occurred. Petitioner's intention to propose establishment of the District was disclosed to Ms. Minnis prior to the purchase, as demonstrated by her signing the Addendum for Ultimate Consumer. In addition, Petitioner's intention to propose establishment of the District was set forth in the recorded declaration of covenants and restrictions for the Willow Pond I subdivision. That disclosure included a statement describing the facilities and services which the District might undertake.

     
     

     Conclusions

     
     

     Based upon the record of this proceeding, it is concluded that:

     
     

112. The proceeding was properly noticed pursuant to Section 190.005(1)(d), Florida Statutes, by publication of an advertisement in a newspaper of general paid circulation in St. Johns County and of general interest and readership once each week for the four consecutive weeks immediately prior to the hearing.

     
     

113. As required by Section 190.005(1)(b), Florida Statutes, Petitioner paid St. Johns County a $15,000 filing fee intended to offset the County's costs in reviewing the petition.

     
     

114. All portions of the petition and other submittals have been completed and filed as required by law.

     
     

115. All statements contained within the petition as corrected and supplemented at the hearing are true and correct.

     
     

116. The creation of the District is not inconsistent with any applicable element or portion of the State Comprehensive Plan or the 1990-2005 St. Johns County Comprehensive Plan, as amended.

     
     

117. The area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community.

     
     

118. The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District.

     
     

119. The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities.

     
     

120. The area to be served by the District is amenable to separate special district government.

Respectfully submitted this 10th day of June, 1994, in Tallahassee, Leon County, Florida.

DONALD R. ALEXANDER

Hearing Officer

Division of Administative Hearings DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 10th day of June, 1994.

COPIES FURNISHED:

David K. Coburn, Secretary Florida Land and Water

Adjudicatory Commission

311 Carlton Building Tallahassee, FL 32301

Cheryl G. Stuart, Esquire David L. Powell, Esquire Post Office Box 6526 Tallahassee, Florida 32314

Daniel J. Bosanko, Esquire

P. O. Box 349

St. Augustine, Florida 32085-0349

APPENDIX A

Names and Addresses of Witnesses

J. Thomas Gillette, III 1111 Durbin Creek Boulevard Jacksonville, Florida 32259

Douglas C. Miller

3131 St. Johns Bluff Road South Jacksonville, Florida 32246

Gary R. Walters

12 Crooked Tree Trail Ormond Beach, Florida 32174

Kathleen T. Minnis

317 Chickasaw Court Jacksonville, Florida 32259

John P. Sanders

11247 San Jose Boulevard, Apt. 1805

Jacksonville, Florida 32223

APPENDIX B

List of Petitioner's Exhibits

Number Description

1. Petition to Establish the Julington Creek Plantation Community Development District

2. Notice of Receipt of Petition by Florida Land and Water Adjudicatory Commission, Published in the Florida Administrative Weekly, on April 22, 1994

3. St. Johns County Resolution No. 94-78, in Support of Establishment of the Julington Creek Plantation Community Development District, Adopted on April 26, 1994

4. Revised Map of Existing Land Uses Within and Adjacent to the District (Exhibit 4 to the Petition)

5. Letter from Linda Loomis Shelley, Secretary, Department of Community Affairs, to David K. Coburn, Secretary, Florida Land and Water Adjudicatory Commission, dated April 6, 1994

6. Revised Legal Description by Metes and Bounds of Area to be Included Within the District (Exhibit 2 to the Petition)

7. Copies of Proofs of Publication of Notice of Local Hearing, Published in the St. Augustine Record on April 4, 11, 18 and 25, 1994

8. Receipts for Certified Mail of Copies of Notice of Local Public Hearing to Persons Specified in Rule 42-1.011(b), F.A.C.

9. Copy of Check for Filing Fee Submitted to St. Johns County on March 2,

   1994

10. Affidavits of Citizenship and Residency for the Initial Board of

    Supervisors

11. DRI Development Order and Planned Unit Development Development Order for Julington Creek Plantation as Adopted on September 28, 1993

12. Copies of Individual Notices Voluntarily Sent by Petitioner to Residents and Purchasers in Julington Creek Plantation Within the District, with Attachment

13. Additional Consent and Joinder Forms

14. Copies of Additional Individual Notices Voluntarily Sent by Petitioner to Residents and Purchasers in Julington Creek Plantation Within the District

15. Letter Transmitting Original Proofs of Publication of Notice of Local Public Hearing to Secretary of the Florida Land and Water Adjudicatory Commission as Required by Rule 42-1.011(1)(a), F.A.C.

16. Letter from Cheryl G. Stuart and David L. Powell, attorneys for Petitioner, to Donald R. Alexander, Hearing Officer, dated May 26, 1994, with attachments Appendix C

APPENDIX C

Text of Proposed Rule CHAPTER 42_-1

JULINGTON CREEK PLANTATION COMMUNITY DEVELOPMENT DISTRICT

42_-1.001 Creation.

42_-1.002 Boundary.

42_-1.003 Supervisors.

42_-1.001 Creation. The Julington Creek Plantation Community Development District is hereby created.

Specific Authority 190.005 FS. Law Implemented 190.005 FS. History--New _-

- .

42_-1.002 Boundary. The boundaries of the district are as follows: PARCEL "A"

A portion of Sections 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 49, 54,

and 57, Township 4 South, Range 27 East, St. Johns County, Florida, together with a portion of Sections 2, 4, and 5, Township 5 South, Range 27 East, St. Johns County, Florida, all being more particularly described as follows:

For a Point of Beginning, commence at the point of intersection of the Easterly right-of-way line of State Road No. 13, as now established for a width of 100 feet, with the Southwesterly right- of-way line of Racetrack Road, as now established for a width of 66 feet, said point being the Northwest corner of the aforementioned Julington Creek Unit One, according to plat thereof recorded in Map Book 16, Pages 35 - 51, of the Public Records of the aforementioned St.

Johns County, Florida; thence South 76_ 22' 54" East, along said Southwesterly right-of-way line of Racetrack Road, a distance of 876.51 feet; thence North 13_ 37' 06" East, a distance of 66.00 feet to a point lying in the Northeasterly right-of-way line of said Racetrack Road, said point being the most Westerly corner of Tract "A", as shown on the aforementioned plat of Julington Creek Unit Two recorded in Map Book 16, Pages 52 - 63, Public Records, said County; thence along the Northerly boundary of said Tract "A" and Easterly prolongation thereof, North 89_ 13' 56" East, a distance of 1044.60 feet to a point lying in the Westerly boundary of said Julington Creek Unit Two; thence along and with the boundary of said Julington Creek Unit Two the following courses: North 00_ 55' 04" West, a distance of 2895.00 feet; thence North 65_ 37' 46" East, a distance of 261.31 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 270.00 feet and a central angle of 56_ 49' 50"; thence 267.81 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 85_ 57' 19" East, a distance of 256.96 feet; thence South 57_ 32' 24" East, a distance of 535.49 feet to the point of curvature of a curve to the left, said curve being concave to the Northeast, having a radius of

530.00 feet and a central angle of 15_ 32' 00"; thence 143.69 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 65_ 18' 24" East, a distance of 143.25 feet; thence South 73_ 04' 24" East, a distance of 287.74 feet to the point of curvature of a curve to the left, said curve being concave to the North, having a radius of 490.40 feet and a central angle of 33_ 03'

19"; thence 282.92 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 89_ 36' 04" East, a distance of 279.02 feet; thence North 73_ 52' 17" East, a distance of 359.21 feet to the Northerly corner common to said Julington Creek Unit Two and the aforementioned Julington Creek Unit Three, according to plat thereof recorded in Map Book 16, Pages 64 - 88, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Three the following courses: North 73_ 52' 17" East, a distance of 116.99 feet to the point of curvature of a curve to the right, said curve being concave to the South, having a radius of 470.00 feet and a central angle of 35_ 29' 03"; thence

291.08 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 88_ 23' 11" East, a distance of 286.45 feet; thence South 70_ 38' 40" East, a distance of 1031.69 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 2260.00 feet and a central angle of 04_ 59' 59"; thence 197.21 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 68_ 08' 40" East, a distance of 197.15 feet; thence South 65_ 38' 41" East, a distance of 135.97 feet; thence South 00_ 36' 59" East, a distance of 622.42 feet; thence South 89_ 24' 51" West, a distance of 294.90 feet; thence South 00_ 34' 55" East, a distance of 1624.92 feet; thence South 76_ 25' 30" East, a distance of 1360.52 feet; thence North 00_ 33' 43" West, a distance of 1957.64 feet; thence South 89_ 23' 37" West, a distance of 324.80 feet; thence North 00_ 36' 59" West, a distance of 504.45 feet to a point lying in the Southerly right-of-way line of Bishop Estates Road, as now established for a width of 60 feet; thence along said Southerly right-of-way line, and continuing along and with the boundary of said Julington Creek Unit Three, North 72_ 46' 03" East, a distance of 847.61 feet to the point of curvature of a curve to the right, said curve being concave to the South, having a radius of 559.55 feet and a central angle of 38_ 38' 26"; thence 377.36 feet Easterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 87_ 54' 44" East, a distance of 370.25 feet; thence South 68_ 35' 31" East, a distance of 1163.87 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 896.04 feet, and a central angle of 14_ 33' 05"; thence 227.57 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 61_ 18' 59" East, a distance of 226.96 feet; thence South 54_ 02' 26" East, a distance of 621.97 feet to the point of curvature of a non-tangent curve to the left, said curve being concave to the Northeast, having a radius of 654.89 feet and a central angle of 35_ 19' 25"; thence 403.75 feet Southeasterly, around the arc of said curve, said arc being subtended by a chord which bears South 71_ 42' 08" East,a distance of 397.38 feet; thence North 89_ 21' 50" East, a distance of 321.10 feet to the point of curvature of a non-tangent curve to the right, said curve being concave to the South, having a radius of 690.01 feet and a central angle of 25_ 21' 57"; thence 305.48 feet Easterly, around the arc of said curve, said arc being subtended by a chord which bears South 76_ 40' 52" East, a distance of

302.99 feet; thence South 63_ 59' 54" East, a distance of 158.64 feet to the point of curvature of a curve to the left, said curve being concave to the Northeast, having a radius of 1268.20 feet, and a central angle of 42_ 29' 40"; thence 940.59 feet Southeasterly, around the arc of said curve, to a point of reverse curvature, said arc being subtended by a chord which bears South 85_ 14' 44" East, a distance of 919.18 feet to said point of reverse curvature of a curve to the right, said curve being concave to the South, having a radius of

228.00 feet and a central angle of 20_ 36' 14"; thence 81.99 feet Northeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears North 83_ 48' 33" East, a distance of 81.55

feet; thence South 85_ 53' 20" East, a distance of 328.46 feet to the Northerly corner common to said Julington Creek Unit Three and the aforementioned Julington Creek Unit Four, according to plat thereof recorded in Map Book 16, Pages 89 - 111, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Four the following courses: South 85_ 53' 20" East, a distance of 171.26 feet to the point of curvature of a curve to the right, said curve being concave to the South, having a radius of 690.01 feet, and a central angle of 20_ 15' 14"; thence 243.92 feet Easterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 75_ 45' 43" East, a distance of 242.65 feet; thence South 65_ 38' 06" East, a distance of 299.43 feet to the point of curvature of a curve to the left, said curve being concave to the Northeast, having a radius of 1451.18 feet, and a central angle of 16_ 27' 36"; thence 416.90 feet Southeasterly, around the arc of said curve, to the point of tangency thereof, said arc being subtended by a chord which bears South 73_ 51' 54" East, a distance of 415.47 feet; thence South 82_ 05' 42" East, a distance of 616.54 feet to the point of curvature of a curve to the right, said curve being concave to the Southwest, having a radius of 1642.47 feet, and a central angle of 00_ 17' 36"; thence 8.41 feet Southeasterly, around the arc of said curve, said arc being subtended by a chord which bears South 81_ 56' 54" East, a distance of

8.41 feet to a point of intersection with the Southerly prolongation of the most Westerly boundary of the aforementioned Julington Creek Unit Six, according to plat thereof recorded in Map Book 17, Pages 22 - 52, Public Records, said County; thence along and with said Westerly boundary and Southerly prolongation thereof, and along and with the boundary of said Julington Creek Unit Six the following courses: North 00_ 36' 03" East, a distance of 319.20 feet to an angle point in the boundary of said Julington Creek Unit Six; thence North 03_ 08' 57" West, a distance of 230.12 feet; thence North 02_ 45' 57" West, a distance of 284 feet, more or less, to the mean high water line of Durbin Creek; thence Southeasterly and Easterly, along said mean high water line of Durbin Creek and the meanderings thereof, a distance of 9880 feet, more or less, to the East line of Section 35 of the aforementioned Township 4 South, Range 27 East,; thence South 01_ 33' 04" East, along said East line of Section 35, a distance of 3752 feet, more or less, to a point lying in the aforementioned Northeasterly right- of-way line of Racetrack Road; thence South 76_ 22' 54" East, along said Northeasterly right-of- way line, a distance of 147.01 feet to the most Westerly corner of Tract "A", as shown on the aforementioned plat of Julington Creek Unit Seven recorded in Map Book 18, Pages 6 - 32, Public Records, said County; thence North 89_ 11' 36" East, along the Northerly boundary of said Julington Creek Unit Seven, a distance of 2538.40 feet to the Northeast corner thereof; thence along the Easterly boundary of said Julington Creek Unit Seven, and along the extension of said Easterly boundary across the aforementioned Racetrack Road, South 00_ 33' 34" East, a distance of 1320.75 feet to a point lying in the line dividing the aforementioned Townships 4 and 5 South, Range 27 East, said point being the Southeast corner of said Julington Creek Unit Seven; thence continue along and with the boundary of said Julington Creek Unit Seven the following courses: South 89_ 13' 19" West, a distance of 2656.47 feet to the Southeast corner of the aforementioned Section 35, Township 4 South, Range 27 East; thence South 89_ 15' 04" West, a distance of 660.28 feet; thence North 01_ 36' 48" West, a distance of 1320.37 feet; thence South 89_ 13' 37" West, a distance of

1. feet; thence South 01_ 47' 18" East, a distance of 1320.15 feet; thence South 02_ 14' 04" East, a distance of 1340.96 feet; thence South 89_ 33' 39" West, a distance of 662.34 feet; thence North 02_ 10' 39" West, a distance of 1336.69 feet; thence South 89_ 12' 29" West, a distance of 660.57 feet; thence South 89_ 13' 36" West, a distance of 2641.92 feet; thence South 89_ 14' 24" West, a distance of 2676.55 feet; thence South 89_ 14' 31" West, a distance of 1369.31 feet to the Southerly corner common to said Julington Creek Unit Seven

   and the aforementioned Julington Creek Unit Eight, according to plat thereof recorded in Map Book 18, Pages 33 through 51, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Eight the following courses: South 89_ 14' 31" West, a distance of 1258.94 feet; thence South 00_ 48' 07" East, a distance of 1331.35 feet; thence South 00_ 47' 45" East, a distance of 2682.06 feet; thence South 89_ 35' 54" West, a distance of 2649.95 feet; thence South 89_ 33' 43" West, a distance of 1328.72 feet; thence South 89_ 31' 34" West, a distance of 1342.28 feet; thence South 89_ 26' 51" West, a distance of 1345.27 feet; thence North 00_ 44' 34" West, a distance of 1341.60 feet; thence North 00_ 39' 54" West, a distance of 295.39 feet to the Westerly corner common to said Julington Creek Unit Eight and the aforementioned Julington Creek Unit Nine, according to plat thereof recorded in Map Book 18, Pages 77 - 121, Public Records, said County; thence along and with the boundary of said Julington Creek Unit Nine the following courses: North 00_ 39' 54" West, a distance of 1024.75 feet; thence North 89_28' 29" East, a distance of 1342.18 feet; thence North 00_ 28' 51" West, a distance of 1322.45 feet; thence South 89_ 28' 29" West, a distance of 1342.18 feet; thence North 00_ 28' 51" West, a distance of 379.92 feet to the centerline of Cunningham Creek; thence Westerly along a meander line that approximates the centerline of said Cunningham Creek as follows: North 58_ 00' 56" West, a distance of 135.23 feet; thence South 88_ 24' 34" West, a distance of 220.36 feet; thence North 70_ 24' 07" West, a distance of 355.69 feet; thence South 76_ 06' 53" West, a distance of 348.16 feet; thence South 89_ 11' 02" West, a distance of 300.67 feet; thence North 83_ 03' 30" West, a distance of 252.48 feet; thence North 80_ 29' 16" West, a distance of 336.30 feet; thence North 88_ 42' 35" West, a distance of 311.27 feet; thence South 71_ 01' 54" West, a distance of 85.28 feet; thence North 85_ 52' 03" West, a distance of 313.97 feet; thence South 58_ 08' 46" West, a distance of 305.31 feet; thence South 88_ 56' 58" West, a distance of 160.43 feet; thence South 68_ 08' 31" West, a distance of 239.34 feet; thence South 88_ 49' 46" West, a distance of 474.71 feet; thence North 38_ 38' 53" West, a distance of 193.24 feet; thence North 87_ 42' 49" West, a distance of 351.51 feet; thence South 70_ 43' 49" West, a distance of 537.95 feet; thence South 59_ 45' 23' West, a distance of 666.17 feet to a point lying in the aforementioned Easterly right-of-way line of State Road No. 13; thence North 04_ 51' 47" East, along said Easterly right-of-way line, a distance of 1961.82 feet to the Westerly corner common to said Julington Creek Unit Nine and the aforementioned Julington Creek Unit One, according to plat thereof recorded in Map Book 16, Pages 35 - 51, Public Records, said County; thence along and with the boundary of said Julington Creek Unit One the following courses: North 04_ 51' 47" East, a distance of 2087.46 feet to an angle point in said boundary; thence North 88_ 25' 39" East, departing said Easterly right-of-way line of State Road No. 13, a distance of 191.74 feet; thence North 00_ 18' 11" West, a distance of 833.50 feet; thence North 89_ 13' 41" East, a distance of 676.09 feet; thence South 00_ 17' 20" East, a distance of 160.48 feet; thence North 89_ 15' 59" East, a distance of 670.35 feet; thence North 00_ 16' 32" West, a distance of 660.03 feet; thence South 89_ 17' 37" West, a distance of 670.00 feet; thence South 89_ 17' 50" West, a distance of 747.26 feet to a point lying in the aforementioned Easterly right-of-way line of State Road No. 13; thence North 04_ 51' 47" East, along said Easterly right-of-way line, a distance of 1490.97 feet to the Point of Beginning.

   Containing 4,270 acres, more or less.

   
   

   1. EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 569, Page 331, and Official Records Volume 790, Page 554, and also lands described and recorded in Official Records Volume 910, Page 1091 (including the EXCEPTION mentioned therein), all of the Public Records of St. Johns County, Florida, and containing 29.13 acres, more or less.

      
      

   2. EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 721, Page 1090, of the Public Records of St. Johns County, Florida, and containing 5.16 acres, more or less.

      
      

   3. EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 716, Page 690, and Official Records Volume 878, Page 92, all of the Public Records of St. Johns County, Florida, and containing 10.20 acres, more or less.

      
      

   4. EXCEPTING THEREFROM, however, the First Replat in Julington Creek Unit One, as recorded in Map Book 26, Pages 82 and 83, of the Public Records of St. Johns County, Florida, and containing 31.53 acres, more or less.

      
      

   5. EXCEPTING THEREFROM, however, all of Tracts G-5, G-6 and G-7, all of Lots

      1 through 52, Block 5, and all of Lots 1 through 39, Block 6, together with the road rights-of-way known as Larkspur Loop, Canna Court, Catalpa Court, and Calico Court, all as shown on plat of Julington Creek Unit One as recorded in Map Book 16, Pages 35 through 51, of the Public Records of St. Johns County, Florida, and containing 39.41 acres, more or less.

      
      

   6. EXCEPTING THEREFROM, however, all of Lots 1 through 11, Block 7, and the road right-of-way known as Little Loop, all as shown on plat of Julington Creek Unit One as recorded in Map Book 16, Pages 35 through 51, of the Public Records of St. Johns County, Florida and containing 6.85 acres, more or less.

      
      

   7. EXCEPTING THEREFROM, however, all of Tracts G-1, G-2, G-13 and G-14, all of Lots 1 through 21, Block 41, all of Lots 1 through 24, Block 42, all of Lots

      1 through 11, Block 43, all of Lots 1 through 20, Block 44, all of Lots 1 through 5, Block 45, and all of Lots 1 through 14, Block 46, together with the road rights-of-way known as Linwood Loop, Castleberry Court, and Chesswood Court, all as shown on plat of Julington Creek Unit Five as recorded in Map Book 17, Pages 1 through 21, of the Public Records of St. Johns County, Florida, and containing 45.93 acres, more or less.

      
      

   8. EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 328, Page 644, and Official Records Volume 443, Page 451, of the Public Records of St. Johns County, Florida, together with a parcel of land being bounded on the North by Racetrack Road, as now established for a width of

      66 feet, and bounded on the West by the aforementioned lands described in Official Records Volume 443, Page 451, and bounded on the South and the East by the aforementioned lands described in Official Records Volume 328, Page 644, all as recorded in the Public Records of St. Johns County, Florida, and containing

      53.94 acres, more or less.

      
      

   9. EXCEPTING THEREFROM, however, lands described and recorded in Official Records Volume 350, Page 229, of the Public Records of St. Johns County, Florida, and containing 10.80 acres, more or less.

   10. EXCEPTING THEREFROM, however, all of Tract F as shown on plat of Julington Creek Unit Five as recorded in Map Book 17, Pages 1 through 21, of the Public Records of St. Johns County, Florida, and containing 5.73 acres, more or less.

       
       

   11. AND FURTHER EXCEPTING THEREFROM, however, any portion of the above described lands lying within the rights-of-way of Racetrack Road, as now established for a width of 66 feet, or Bishop Estates Road, as now established for a width of 60 feet, or Orange Street as now established for a width of 60 feet, all of which contain 44.69 acres, more or less.

Lands thus described, exclusive of all exceptions therein, contain 3,986 acres, more or less.

TOGETHER WITH,

PARCEL "B" (Record Description)

Part of Section 57, Rebecca Pengree Grant, Township 4 South, Range 27 East, Portions of Section 38., William Harvey Grant, Section 39, F.P. Fatio Grant, Section 42, Rebecca Pengree Grant, all being in Township 5 South, Range 27 East, St. Johns County, Florida, being more particularly described as follows:

For a Point of Reference, commence at the intersection of the line dividing Section 39 and Section 42 with the Southeasterly line of Section 38 aforementioned; run thence South 40o 10' 48" East along the dividing line of Sections 38 and 39, a distance of 945.12 feet, more or less, to the Westerly Right of Way line of State Road No. 13, as now established as a 100 foot Right of Way, said point lying and being in a curve concave Westerly, having a radius of 2814.79 feet, for a Point of Beginning; thence in a Northerly direction, along the arc of said radius and Westerly Right of Way line of State Road No.

13, an arc length of 229.86 feet, said arc being subtended by a chord bearing North 21o 07' 03" East, a chord distance of 229.8 feet; thence North 53o 25' 45" West, a distance of 471.92 feet; thence North 36o 34' 15" East, a distance of 200.0 feet; thence South 53o 25' 45" East, a distance of 399.29 feet, more or less, to the Westerly Right of Way line of State Road No. 13, aforementioned; thence in a Northerly direction, along the arc of curve having a radius of 2814.79 feet and Westerly Right of Way line of State Road No. 13, an arc length of 487.38 feet to the P.C. of curve, said arc being subtended by a chord bearing of North 09o 29' 07" East, a chord distance of 486.78 feet; thence North 04o 31' 30" East, along the Westerly Right of way line of State Road No. 13, a distance of 3125 feet, more or less, to the waters of Cunningham Creek; thence in a Southwesterly and Southeasterly direction along the waters following the meandering of Cunningham Creek and Mill Creek respectively, a distance of 8000 feet, more or less, to the Westerly Right of Way line of State Road 13, aforementioned, said point being an arc distance of 310 feet, more or less, Southwesterly from the Point of Beginning; thence in a Northeasterly direction, along the arc of a curve having said radius of 2814.79 feet and Westerly Right of Way line of State Road No. 13, an arc distance of 310 feet, more or less, to the point of beginning.

EXCEPTING that portion of said Sections 39 and 42, Township 5 South, aforementioned, more particularly described as follows:

For a Point of Reference, commence at the intersection of the line dividing Section 39 and Section 42, with the Southeasterly line of said Section 38; run thence South 40o 10' 48" East along the dividing line of Sections 38 and 39, a

distance of 945.12 feet, more or less, to the Westerly Right-of-Way line

of State Road No. 13, aforementioned, for the Point of Beginning; thence in a Northerly direction, along the arc of said radius and Westerly Right of Way line of State Road No. 13, an arc length of 167.06 feet, said arc being subtended by a chord bearing North 21o 45' 24" East, a chord distance of 167.03 feet; thence North 53o 25' 45" West, a distance of 100.0 feet; thence South 26o 16' 55" West, a distance of 500 feet, more or less, to the waters of Mill Creek; thence in a Southeasterly direction, along the waters following the meanderings of Mill Creek, a distance of 110 feet, more or less, to the Westerly Right of Way line of State Road No. 13, aforementioned, said point being an arc distance of 310 feet, more or less, Southwesterly from the Point of Beginning; thence in a Northeasterly direction, along the arc of a curve having said radius of 2814.79 feet and Westerly Right of Way line of State Road No. 13, an arc distance of 310 feet, more or less, to the Point of Beginning.

Lands thus described, exclusive of all exceptions therein, contain 133 acres, more or less.

Total Parcel Area 4119 acres, more or less.

Specific Authority 190.005 FS. Law Implemented 190.004, 190.005 FS. History--New _- - .

42_-1.003 Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: Kimball D. Woodbury; David A. Branson: John H. Fischer; J. Thomas Gillette, III; Terrell R. Jones.

Specific Authority 120.53(1), 190.005 FS. Law Implemented 190.006(1) FS. History--New _- - .

Docket for Case No: 94-001328

Orders for Case No: 94-001328