The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) is whether to grant the Petition to Establish the Madeira Community Development District (Petition). The local public hearing was for the purpose of gathering information in anticipation of quasi-legislative rulemaking by FLWAC.
Conclusions An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File in this proceeding. A copy of the Order is attached as Exhibit A.
Other Judicial Opinions REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030(b)(1)(c) AND 9.110. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. Final Order No. DCA10-GM-068 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this ed of March, 2010. ° ‘Paula Ford Agency Clerk U.S. Mail: Jimmy L. Morales, Esq. The Honorable D.R. Alexander Stearns Weaver, et al. Administrative Law Judge 150 West Flagler Street Division of Administrative Hearings Suite 2200 1230 Apalachee Parkway Miami, Florida 33130-1536 Tallahassee, Florida 32399-3060 Pete Worthington Mayor, City of Marathon 10045-55 Overseas Highway Marathon, Florida 33050 Hand Delivery: Richard E. Shine, Esq. Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100
The Issue The issues to be addressed are whether the Petition to establish the District meets the criteria set forth in Section 190.005, Florida Statutes, and whether the hearing process has been conducted in accordance with the requirements of Section 190.005, Florida Statutes, and Florida Administrative Code Rule Chapter 42-1. For the Petitioner:
Conclusions Having considered the record in this cause, it is concluded pursuant to Section 190.005(1)(e)1 through 6, Florida Statutes: That all statements contained within the Petition, as amended, are found to be true and correct. That the creation of the district is not inconsistent with any applicable element or portion of the State Comprehensive Plan or the effective local comprehensive plan. That 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. That the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district. That the community development services and facilities of the district will be compatible with capacity and uses of existing local and regional community services and facilities. That the area that will be served by the district is amenable to the special-district government. DONE and ENTERED this 25th day of October, 1990, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of October, 1990. COPIES FURNISHED: Ken Van Assenderp, Esquire George L. Varnadoe, Esquire Post Office Box 1833 Tallahassee, FL 32302-1833 Larry Haag, Esquire Citrus County Courthouse 110 North Apopka Avenue Inverness, FL 32650 Steven Pfeiffer, Esquire Alfred Bragg, Esquire Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Patricia A. Woodworth, Secretary Florida Land and Water Adjudicatory Commission The Capitol, PL-05 Tallahassee, FL 32399-0001 William Buzzett, Esquire Florida Land and Water Adjudicatory Commission The Capitol, PL-05 Tallahassee, FL 32399-0001 David Maloney, Esquire Florida Land and Water Adjudicatory Commission The Capitol, PL-05 Tallahassee, FL 32399-0001 Jeannette Haag, Esquire Withlacooche Regional Water Supply Authority 452 Pleasant Grove Road Inverness, FL 32652
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: All statements contained within the Petition have been found to be true and correct. The area encompassed by the proposed District is 30,637+- acres located within unincorporated areas of Glades and Hendry Counties, Florida (Exhibit 7). The external boundaries of the District are coterminous with the external boundaries of General Development Corporation's Port LaBelle development. Within these boundaries but excluded from the District are several out parcels that were never part of the original Villages of Port LaBelle development, as well as four Port LaBelle plat units where there are currently numerous property owners. The property within the District to be excluded from the community development district is described in Exhibit 10. General Development Corporation, a Delaware corporation authorized to do business in the State of Florida, is the major landowner within the proposed District (Exhibits 8 and 9A). Four other property owners owning seven parcels within the proposed District have joined in the Petition (Exhibit 9B). Installment lot contract purchasers within the areas to be included within the District who had not received a Property Offering Statement from GDC indicating the possibility of the formation of a special taxing district were separately notified by mail of the time and place of hearing and provided with information on the functions of the proposed District. Out of a total of 10,270 letters sent, only six lot purchasers made further inquiries, and those inquiries were not related to the formation of the District, but were related to property values. (Testimony of Lawrence W. Mobley. Affidavit of Mark Billson, Exhibits 19A and B.) The area of land within the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as one functionally interrelated community. This finding is based in part on the fact that the area to be included within the proposed District contains approximately 30,637+- acres. Property within the proposed District includes "vested" areas and areas which have been and continue to be subject to Chapter 380, Florida Statutes, review and is planned to be developed as a functional, interrelated community with a variety of land uses, including commercial, institutional, residential, and recreational. The District is ultimately projected to include 49,646 dwelling units. The area encompassed by the proposed District was subject to a Master Application for Development Approval. The Master Land Use Plan depicting uses is shown in Exhibit 13A. Master Development Orders were issued by Glades and Hendry Counties in 1974, subject to further incremental review as detailed technical data became available (Exhibits 13A, B, C and D). In 1980, Development Orders were issued by Glades and Hendry Counties for Increment II (Exhibits 14A and B). Portions of the remaining property will be subject to further incremental review (Exhibit 15A). The area subject to further review contains approximately 13,690+- acres and includes residential villages and a town center as well as a variety of other land uses. The projected population for this area is 48,700 (Exhibit 15B). The proposed designation of the future general distribution, location and extent of public and private uses within the District is shown in Exhibit 15A. All mandatory elements of the local government comprehensive plans for both Glades and Hendry Counties have been adopted in compliance with the Local Government Comprehensive Planning Act of 1975 (Exhibits 17A, 17A1, 17B and 17B1) The proposed creation of the District is not inconsistent with applicable elements of the State Comprehensive Plan. The proposed District is not inconsistent with the applicable elements of the Glades and Hendry Counties Comprehensive Plans, as evidenced by the fact that the Planning Director for each county has indicated that the establishment of the District is not incompatible with applicable elements of the local government comprehensive plans (Petitioner's Exhibits 18A and 18B). The five persons proposed to be the initial members of the board of supervisors who shall serve in that office until replaced by elected members as provided by Section 190.006, Florida Statutes, are: C. C. Crump Senior Vice President General Development Corporation 1111 South Bayshore Drive Miami, --Florida -33131 (305) 350-1525 Arthur L. Harper, Jr. Vice President General Development Corporation 1111 South Bayshore Drive Miami, Florida 33131 (305) 350-1533 James E. Clark Assistant Vice President 1111 South Bayshore Drive Miami, Florida 33131 (305) 350-1531 Wayne L. Allen Vice President and General Counsel General Development Corporation 1111 South Bayshore Drive Miami, Florida 33131 (305) 350-1261 Lawrence W. Mobley Assistant Vice President General Development Corporation Highway 80 East Birchwood Boulevard LaBelle, Florida 33595 (813) 675-1712 The proposed name of the District is the Port LaBelle Community Development District. A map of the proposed District showing current major trunk water mains and sewer interceptors and outfalls have been provided in Exhibits 11A and B. No water distribution and collection systems are proposed to be constructed, operated or maintained by the District. Facilities are to be constructed by the District over a period of 40 years. The timetable for construction indicates that all facilities should be completed by the year 2020 (Petitioner's Exhibit 23). The total costs associated with the capital facilities to be constructed are estimated in good faith to be $5,433,000.00 (Exhibit 22). Glades County Resolution 80-9 (Exhibit 14A) and Hendry County Resolution 80-37 (Exhibit 14B) requested that the applicant, GDC, work together with each county to investigate the feasibility of establishing certain special taxing districts. As a result of these conditions, GDC filed a petition for establishing a community development district. The applicable local governments, the Board of County Commissioners of Glades and Hendry Counties have evidenced their support of Petitioner's request to have a District established by rule by passing Resolution 81-62, dated September 8, 1981, by Hendry County, and Resolution 81-17, dated September 14, 1981, by Glades County (Exhibits 20A and B, respectively). The District is the best available alternative for providing and delivering community services and facilities to the area to be serviced by the District. This finding is supported by the Resolutions of the Board of County Commissioners of Glades County and Hendry County acknowledging that neither county is presently in a position to provide any of the essential services required by a community of this size. The Community Development District will be able to provide reliable long-term maintenance of the services and facilities not otherwise provided by the counties or other appropriate units of local government (Exhibits 20A and B). The Barron Water Control District, a district established pursuant to Chapter 298, Florida Statutes, within the area of the proposed District, has also evidenced its support of Petitioner's request to establish a Community Development District by rule (Petitioner's Exhibit 21). The Community Development District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. The area that will be served by the District is amenable to separate district government. This finding is supported by the foregoing findings of fact which establish that the nature, location, and size of the proposed Port LaBelle Community Development District would make it amenable to separate district government. Members of the public testifying at hearing had no complaints that related to the specifics of the petition filed in this cause. Instead, their concerns related to the wisdom of the Legislature in enacting Chapter 190, Florida Statutes, in the first instance, and the witnesses' desires that the Act be repealed as soon as possible. These concerns are, of course, outside the scope of issues properly involved in this proceeding.
Recommendation Based upon the Findings of Fact and Conclusions of Law hereby submitted, the Hearing Officer recommends that the Florida Land and Water Adjudicatory Commission grant the Petition of General Development Corporation, and adopt a rule which will establish the Port LaBelle Community Development District. DONE AND ENTERED this 9th day of July, 1982, at Tallahassee, Florida. WILLIAM E. WILLIAMS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of July, 1982. COPIES FURNISHED: Nancy H. Roen, Esquire General Development Corporation 1111 South Bayshore Drive Miami, Florida 33131 Ms. Miriam Schreiner Post Office Box 1288 LaBelle, Florida Mayor Joan Jefferson City of Stuart Stuart, Florida 33495 Robert Miller, Chairman Treasure Coast Regional Planning Council Post Office Box 2395 Stuart, Florida 33495 Honorable Bob Graham Governor, State of Florida The Capitol Tallahassee, Florida 32301 Honorable Jim Smith Attorney General State of Florida The Capitol Tallahassee, Florida 32301 Honorable Doyle Conner Commissioner of Agriculture State of Florida The Capitol Tallahassee, Florida 32301 Honorable Ralph D. Turlington Commissioner of Education State of Florida The Capitol Tallahassee, Florida 32301 Honorable George Firestone Secretary of State State of Florida The Capitol Tallahassee, Florida 32301 Honorable William Gunter State Treasurer and Insurance Commissioner The Capitol Tallahassee, Florida 32301 Honorable Gerald A. Lewis Comptroller, State of Florida The Capitol Tallahassee, Florida 32301 Mr. John T. Herndon Director of the Office of Planning and Budget Executive Office of the Governor The Capitol Tallahassee, Florida 32301
Findings Of Fact Petitioner, Jim Neel & Associates, Inc., a Florida corporation, applied to the Department of Transportation (DOT) for certification as a Disadvantaged Business Enterprise. The majority stockholder of Jim Neel & Associates, Inc., is Jim Silver Eagle Neel. On his mother's side Jim Neel is a direct descendant of Creek Indians Who were enrolled in the 1832 Census for that Tribe. Additionally, his father's family is known to be descended from the Cherokee Tribe. In terms of blood lines it is estimated that Mr. Neel is one-quarter American Indian. However, Mr. Neel has the features of a Native American. However, Mr. Neel has actively participated in the activities of the Lower Creek Muskogee Tribe since the beginning of 1986. 1/ He is considered by the National and local Creek Indian Tribes to be a member of their group. Additionally, Petitioner has been recognized by the federal Bureau of Indian Affairs as being a member of the Creek Indian Tribe. Such recognition enables Petitioner to participate in the Eastern Creek Judgment Fund which was awarded against the federal government for treaty violations to members of the Eastern Creek Tribe. Prior to the beginning of 1986, Mr. Neel did not maintain any direct affiliation with a tribe. To the best of his knowledge, his mother did not maintain any direct affiliation with a tribe. However, the evidence did show his mother kept in contact with local Creeks on an informal basis. Additionally, when Mr. Neel was young, his mother would tell him stories about his Indian heritage, but advise him not to reveal the fact of his Indian heritage to others. When Mr. Neel was growing up it was not wise to declare one's Indian heritage due to the racial prejudice which would be inflicted on that individual. In fact, Mr. Neel did not feel he could freely declare his heritage until about ten years ago. Mr. Neel was raised on a poor rural farm in northwest Florida. His mother, due to her Indian heritage, was uneducated. She could not read or write and, therefore could not obtain above menial wages to support her family. The entire family, including Petitioner, existed under an economic as well as social disadvantage. Through sheer determination, Petitioner literally pulled himself up by his own bootstraps. Around 1948 he became an auto/truck mechanic. Around 1955 he began as a service manager for an Oldsmobile dealer. Because the wages of a mechanic were low at that time, Mr. Neel changed careers and joined the Panama City Police force. He was a city police officer for the next fifteen years. In 1972 he was employed by the Panama City Airport Authority as a security officer. He rose by promotion to become the Airport Manager from 1980 through 1987. At present he is a consultant to the Airport Authority. No evidence was presented by the Department which would be sufficient to demonstrate that Mr. Neel had not suffered social and economic disadvantage on an individual basis.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be entered granting the application of Jim Neel and Associates, Inc. for certification as a Disadvantaged Business Enterprise. DONE and ENTERED this 19th day of April, 1989, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of April, 1989.
The Issue The sole issue to be addressed is whether the Petition to contract the Gateway Services District meets the applicable criteria set forth in Chapter 190, Florida Statutes, and Chapter 42-1, Florida Administrative Code.
Findings Of Fact Overview The Petitioner is seeking the adoption of a rule by the Commission to contract a community development district currently comprised of approximately 5,474 acres located within the boundaries of unincorporated Lee County, Florida and the incorporated City of Fort Myers, Florida. The name for the District, after contraction, will be the Gateway Services Community Development District. At the time the Petition was filed, the District consisted of approximately 5,324 acres. However, on July 29, 2002, a Rule Amendment adopted by the Commission, and filed with the Secretary of State became effective, expanding the District to approximately 5,474 acres. The Petitioner seeks to contract the District by approximately 973 acres. The District, after contraction, will encompass approximately 4,501 acres. All of the property proposed to be contracted out of the District is located within the City of Fort Myers, Florida. The sole purpose of this proceeding was to consider the contraction of the District as proposed by the Petitioner. Summary of Evidence and Testimony Whether all statements contained within the Petition have been found to be true and correct. Petitioner's Composite Exhibit 9 was identified for the record as a copy of the Petition and its exhibits as filed with the Commission, dated January 2002; the Addendum to the Petition, dated March 25, 2002; and the Second Addendum to the Petition, dated July 16, 2002; and the Third Addendum to the Petition, dated July 25, 2002. Ward testified that he had reviewed the contents of the Petition and Exhibits as supplemented and amended by the addenda to the Petition. Ward testified that the Petition and exhibits as supplemented and amended by the addenda, are true and correct to the best of his knowledge. Tilton testified that he had reviewed Exhibits 1, 2, and 3 of the Petition. Exhibit 1 is the metes and bounds legal description and sketch of the existing District boundaries. Exhibit 2 is the legal description and sketch of the contraction parcels. Exhibit 3 is the amended legal description and sketch of the District, after contraction. Tilton testified that the legal description of the existing CDD boundaries was true and correct, and would be amended by a proposed Rule Amendment filed with the Secretary of State July 9, 2002, and effective July 29, 2002. Tilton testified that Exhibit 2 truly and accurately depicted the legal description of the property proposed for contraction from the District. A Third Addendum to the Petition, filed with the Department of Administrative Hearings on July 29, 2002, identified a scrivener's error in the proposed Rule Amendment filed on July 9, 2002, and included a legal description and sketch of the land within the District, after the contraction. This legal description and sketch amends and replaces Exhibit 3 of the Petition. This legal description was certified as true and accurate by CES Engineering. Garland testified that his office had prepared Exhibit 7 to the Petition, the Statement of Estimated Regulatory Costs (SERC). Garland also testified the SERC included with the Petition was true and correct to the best of his knowledge. Gnagey testified that at the time of the hearing, Worthington Holdings, Inc. was the owner of all of the lands to be contracted out of the District. Gnagey testified that a portion of the contraction property was under contract for sale. A consent and joinder to the Petition to Contract, executed by the contract purchaser was placed into the record as Exhibit 3. The Petition does not contain the written consent of the owners of all real property to be included in the new District after contraction; nor was there any documentation or other evidence demonstrating that either the District or those giving their written consent to the contraction have control by deed, trust agreement, contract, or option of one-hundred percent (100%) of the real property to be included in the new District, after contraction. See Conclusion of Law 65. Based upon the foregoing, the Petition and its exhibits, as amended and supplemented by the addenda to the Petition, are true and correct. Whether the contraction of the District is inconsistent with any applicable element or portion of the State Comprehensive Plan or of the effective local government comprehensive plan. Ward addressed whether the contraction of the District was inconsistent in any way with the State Comprehensive Plan, Chapter 187, Florida Statutes. Ward also reviewed the contraction of the District, in light of the local government comprehensive plans. Ward testified that the District would continue to assist the local government in providing infrastructure services required pursuant to its locally adopted comprehensive plan. Furthermore, since the State Comprehensive Plan requires local governments to provide infrastructure in accordance with locally adopted comprehensive plans, the District would continue to function and assist in meeting this objective of Chapter 187. Resolution No. 2002-11, adopted by the City Council of the City of Fort Myers, Florida, was introduced into evidence as Petitioner's Exhibit 5. Pursuant to this Resolution, the City Council made a determination that after the contraction, the District is not inconsistent with applicable elements or portions of the State Comprehensive Plan or the City of Fort Myers local comprehensive plan. The Florida Department of Community Affairs reviewed the Petition and provided a letter dated April 16, 2002, which was placed into Evidence as Petitioner's Exhibit 7. The letter states that the Petition A "is consistent with the goals, objectives and policies of Lee County's Comprehensive Plan.” Based on the testimony and exhibits in the record, the proposed District will not be inconsistent with any applicable element or portion of the State Comprehensive Plan, the Lee County Comprehensive Plan, or City of Fort Myers Comprehensive Plan. Whether the area of land within the district, after contraction, is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. Testimony on this criterion was provided by Ward and Tilton. The lands that comprise the District, after contraction, will consist of approximately 4,501 acres, located within the borders of unincorporated Lee County, and the incorporated City of Fort Myers. From a management perspective, the District, after contraction, will continue to be sufficiently sized, compact and contiguous to be developed as a functional interrelated community. The property remaining within the District will continue to be amenable to receiving services through a community development district. From an engineering perspective, the District, after contraction, will still be larger than other community development districts. It is contiguous and relatively compact. The land remaining within the District can be well- served by water management facilities, water and sewer and irrigation, roads lighting, landscaping and parks provided by the District. From a development planning perspective, the owner of the property, which will be contracted out of the District, intends to market the contraction property for development as three separate, stand-alone communities. This property will be developed independently from the property remaining within the District. Its utility needs will be serviced by the City of Fort Myers. From development planning, engineering, and management perspectives, the area of land to be included in the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed as a single functionally interrelated community. Whether the district, after contraction, is the best alternative available for delivering community development services and facilities to the area that will be served by the contracted district. The District currently provides certain infrastructure improvements and facilities to the property which will remain in the District. Currently, no services or facilities are provided by the District to the property to be contracted out of the District. Ward, Tilton, and Garland testified concerning whether the District, as contracted, is the best alternative available for delivering community development services and facilities to the area remaining in the District. Ward testified that since the 1980's, the District has provided and maintained infrastructure which services the existing residents of the District, and is also available to service future residents of the District. The District is responsible for financing, operating and maintaining this infrastructure. Based upon its historical track record, and its current activities, the District will continue to serve these purposes. Tilton testified that, from an engineering perspective, the District is an excellent alternative for providing community services and facilities to the property remaining in the District because it provides a higher level of service than would be afforded by Lee County or the City of Fort Myers. This higher level of service meets the desire of the residents within the District. Garland testified that, from an economic perspective, the District as contracted, will still consist of approximately 5,799 equivalent residential units. There will be no financial impact to the landowners remaining in the District because neither the capital assessments nor the operations and maintenance assessments will be affected by the contraction. Currently, the contraction parcel is not taking any of the load for capital assessments or operations and maintenance assessments. Garland also testified that the contraction property is geographically closer to infrastructure facilities available from the City of Fort Myers, than it is to District facilities. Therefore, the District is not the best alternative for providing this infrastructure to the contraction property. From economic, engineering, and special district management perspectives, the District, after contraction, is the best alternative available for delivering community development services and facilities to the area that will continue to be served by the District. Whether the community development services and facilities of the district, as contracted, will be incompatible with the capacity and uses of existing local and regional community development services and facilities. The services and facilities which will continue to be provided by the District are not incompatible with uses and existing local and regional facilities and services. The District's facilities and services within the boundaries, as contracted, will not duplicate any existing regional services or facilities which are provided to the lands within the District by another entity. None of the proposed services or facilities are presently being provided by another entity for the lands to remain within the District. Ward, Tilton, and Garland testified concerning whether the community development services and facilities of the district, as contracted, would be incompatible with the capacity and uses of existing local and regional community development services and facilities. Ward testified that the District provides services and facilities which compliment the general purpose local governments’ services and facilities. For example, the District has constructed drainage facilities. These services address the requirements for infrastructure of the local government. After contraction, the District will continue to provide these infrastructure services. Tilton testified that the services and facilities provided by the District work very well in concert with the adjacent facilities of the general purpose local government. The roadways, utilities, and water management facilities constructed by the District are integrated into the overall system of the adjacent areas. From a management perspective and an engineering perspective, the facilities and services to be provided by the District, after the contraction, will not be incompatible with the existing local and regional community development services and facilities. Whether the area that will be served by the district, after contraction, is amenable to separate special district government. As cited previously, from economics, engineering, and special district management perspectives, the area of land to be included in the proposed District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developed and become a functionally interrelated community. The community to be included in the District, after contraction, will continue to require basic infrastructure systems. A determination was made when the District was formed, that the District could best provide these services. This determination will not change as a result of the contraction. From engineering, economic and management perspectives, the area that will be served by the amended District is amenable to separate special-district government. Other requirements imposed by statute or rule. 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 The Commission has certified that the Petition to Contract the Gateway Services District meets all of the required elements of Section 190.005(1)(a), Florida Statutes. Statement of Estimated Regulatory Costs (SERC) The SERC contains an estimate of the costs and benefits to all persons directly affected by the proposed rule to contract the District--the State of Florida and its citizens, the County and its citizens, the City and its citizens, the landowners within the District after contraction, and the Petitioner. Beyond administrative costs related to rule adoption, the State and its citizens, are not anticipated to incur any costs from contracting the District. Administrative costs incurred by Lee County and the City of Fort Myers related to this Petition are minimal and should be offset by the filing fees paid by the Petitioner. Landowners remaining within the District will continue to pay non-ad valorem or special assessments for certain facilities. The contraction of District will have no impact on the level of capital assessments or operations and maintenance assessments paid by residents remaining in the District. Benefits to landowners in the District will continue to be a higher level of public services and amenities than might otherwise be available, construction, operation and maintenance of District-sponsored improvements to the area on a timely basis, and a larger share of direct control over community development services and facilities within the area. 45. Sections 190.046(1)(g) and 190.005(1)(a), Florida Statutes, require the Petition to include a SERC which meets the requirements of Section 120.541, Florida Statutes. The Petition contains a SERC. It meets the requirements of Section 120.541, Florida Statutes. Other Requirements 46. Sections 190.046(1)(g) and 190.005(1)(d), Florida Statutes, require the Petitioner to publish notice of the local public hearing in a newspaper of general circulation in Lee County for four consecutive weeks prior to the hearing. The notice was published in The News-Press, a newspaper of general circulation in Lee County for four consecutive weeks, on June 18, 2002, June 25, 2002, July 2, 2002, and July 9, 2002. The Affidavit of Publication was placed into evidence as Petitioner’s Exhibit 4. Lee County Support for Establishment Pursuant to the requirements of Sections 190.046(1)(g) and 190.005(1)(b), Florida Statutes, Petitioner filed a copy of the Petition with the City of Fort Myers and Lee County prior to filing the Petition with the Commission. As permitted by Sections 190.046 and 190.005(1)(c), Florida Statutes, the City Council of the City of Fort Myers held a public hearing on March 4, 2002, to consider the contraction of the Gateway Services District. At the conclusion of its public hearing on March 4, 2002, the City Council adopted Resolution 2002-11 expressing support for the Commission to promulgate a rule contracting the Gateway Services District. The City of Fort Myers City Council Resolution specifically found that all six (6) of the statutory factors for evaluating the contraction of community development districts found in Section 190.005(1)(e), Florida Statutes, had been met by the Petitioner in this matter. As permitted by Sections 190.046 and 190.005(1)(c), Florida Statutes, the Board of County Commissioners of Lee County held a public hearing on June 25, 2002, to consider the contraction of the Gateway Services District. At the conclusion of the public hearing on June 25, 2002, the Board of County Commissioners of Lee County adopted Resolution No.02-06-43, expressing support for the Commission to promulgate a rule contracting the Gateway Services District.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission, pursuant to Chapters 190 and 120, Florida Statutes, and Chapter 42-1, Florida Administrative Code, contract the Gateway Services District as requested by the Petitioner by formal adoption of the proposed Rule Amendment attached to this Report as Exhibit C. DONE AND ORDERED this 9th day of August, 2002, in Tallahassee, Leon County, Florida. ___________________________________ CHARLES A. STAMPELOS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 92106847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of August, 2002. COPIES FURNISHED TO: Erin McCormick Larrinaga. Esquire Fowler, White, Boggs, Banker, P.A. 501 East Kennedy Boulevard Suite 1700 Tampa, Florida 33602 Gregory Munson, Esquire Office of the Governor The Capitol, Room 209 Tallahassee, Florida 32399 Charles Canady, General Counsel Florida Land and Water Adjudicatory Commission Office of the Governor The Capitol, Room 209 Tallahassee, Florida 32399 Donna Arduin, Secretary Florida Land and Water Adjudicatory Commission Office of the Governor The Capitol, Room 2105 Tallahassee, Florida 32399 Barbara Leighty, Clerk Growth Management and Strategic Planning The Capitol, Room 2105 Tallahassee, Florida 32399 Exhibit A Petitioner’s Witnesses at Public Hearing John Gnagey The Worthington Group 14291 Metro Parkway, Building 1300 Fort Myers, Florida 33912 James P. Ward Severn Trent Environmental Services, Inc. 210 N. University Drive, Suite 702 Coral Gables, Florida 33071 Andrew D. Tilton Johnson Engineering, Inc. 2158 Johnson Street Fort Myers, Florida 33901 Carey Garland Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, Florida 32817 Exhibit B List of Petitioner’s Exhibits Exhibit Description Exhibit 1: Memorandum from Greg Munson, Staff Attorney for the Florida Land and Water Adjudicatory Commission to Barbara Leighty, Clerk for the Florida Land and Water Adjudicatory Commission, dated March 12, 2002 Exhibit 2: Sketch depicting Gateway Services District Boundaries (Parcels marked “A” constitute the Contraction Parcels which Petition seeks to have contracted from the Gateway Services District) Exhibit 3: Consent and Joinder to Petition to Contract Gateway Services District, executed by Pulte Home Corporation on July 16, 2002 Exhibit 4: News-Press Affidavit of Publication, dated July 9, 2002 Exhibit 5: Certified Copy of Resolution No. 2002-11, approved by the City Council of the City of Fort Myers on March 4, 2002 Exhibit 6: Certified Copy of Resolution No. 02-06-43, approved by the Board of County Commissioners of Lee County, Florida on June 25, 2002 Exhibit 7: Letter from the Florida Department of Community Affairs to Ms. Donna Arduin, Secretary, Florida Land and Water Adjudicatory Commission, dated April 16, 2002 Exhibit 8: Notice of Receipt of Petition, published by the Florida Land and Water Adjudicatory Commission in the Florida Administrative Weekly on May 17, 2002 Composite Exhibit 9: Petition to Contract Gateway Services District, dated January, 2002 (includes City of Ft. Myers Comprehensive Plan and Lee County Comprehensive Plan); Addendum to the Petition to Contract Gateway Services District, dated March 25, 2002; Second Addendum to the Petition to Contract Gateway Services District, dated July 16, 2002; and Third Addendum to the Petition to Contract Gateway Services District, dated July 25, 2002. Exhibit C THE FULL TEXT OF THE PROPOSED RULE AMENDMENT IS: 42F-1.002 Boundary. The boundaries of the district are as follows: A tract or parcel of land lying Section 35, Township 44 South, Range 25 East and in Sections 1, 2, 3, 4, 10, 11 and 12, Township 45 South, Range 25 East; Section 31, Township 44 South, Range 26 East and in Sections 5, 6, 7, 8, 17, 18 and 19, Township 45 South, Range 26 East, Lee County, Florida, more particularly described as follows: Beginning at the southwest corner of said Section 35 run N 00__47' 42" W along the west line of the southwest quarter (SW-3) of said Section for 2643.18 feet to the quarter corner on the west line of said section; thence run N 00_ 43' 47" W along the west line of the northwest quarter (NW-3) of said Section for 1361.42 feet; thence run N 35__45' 29" E for 947.82 feet; thence run N 56__15' 44" E for 690.61 feet to the south line of the Colonial Boulevard right-of-way (State Road 884) (250 feet wide); thence run S 89__38' 27" E along said south line for 2763.96 feet to an intersection with the west line of the northeast quarter (NE-1/4) of the northeast quarter (NE-1/4) of said Section; thence run S 02__16' 01" E along said west line for 1,168.38 feet to the southwest corner of said fraction; thence run N 89_ 54' 24" E along the south line of said fraction for 1324.86 feet to the southeast corner of said fraction; thence run S 03__20' 25" E for 1284.37 feet to the quarter corner on the east line of said Section; thence run S 00__01' 59" E along said east line for 2635.65 feet to the northwest corner of said Section 1; thence run N 89__28' 42" E along the north line of the northwest quarter (NW-1/4) of said Section 1 for 2,642.98 feet to the quarter corner on said north line; thence run S 89__57' 06" E along the north line of the northeast quarter (NE-1/4) of said Section 1 for 2523.38 feet to the northeast corner of said Section; thence run N 00__57' 01" W along the west line of said Section 31 for 2644.12 feet to the quarter corner on said west line; thence run N 00__35' 02" W along said west line of said Section 31 for 1705.47 feet to an intersection with the southwesterly line of Immokalee Road (State Road 82) (200 feet wide); thence run S 46__07' 29" E along said southwesterly line for 6215.51 feet to an intersection with the south line of said Section 31; thence continue S 46__07' 29" E along said southwesterly line for 1227.27 feet to an intersection with a line common to said Sections 5 and 6; thence continue S 46__07' 29" E along said southwesterly line for 1535.36 feet to a point of curvature; thence run Southeasterly along said southwesterly line along the arc of a curve to the left of radius 5824.88 feet (delta 18_ 13' 21") (chord bearing S 55__14' 10" E) (chord 1844.76 feet) for 1852.55 feet to a point of tangency; thence continue along said southwesterly line S 64__20' 50" E for 22.21 feet to an intersection with the east line of the west half (W-1/2) of said Section 5; thence run S 00__06' 33" E along said east line for 2271.81 feet to the quarter corner common to said Sections 5 and 8; thence run S 01__02' 00" E along the east line of the west half (W-1/2) of said Section 8 for 3,028.35 feet; thence run N 89__33' 57" E for 605.03 feet; thence run S 01__02' 00" E for 1800.10 feet; thence run S 89__33' 57" W for 605.03 feet; thence run S 01__02' 00" E for 500.03 feet to the quarter corner common to said Sections 8 and 17; thence run S 01__00' 12" E along the east line of the northwest quarter (NW-1/4) of said Section 17 for 926.76 feet to an intersection with the northeasterly line of a Florida Power and Light Company substation site as described in deed recorded in Official Record Book 1606 at Page 1286 of the Lee County Records; thence run N 37__57' 04" W along said northeasterly line for 361.70 feet; thence run S 52__02' 56" W along the northwesterly line of said Site for 361.70 feet; thence run S 37__57' 04" E along the southwesterly line of said Site for 741.48 feet to an intersection with the northwesterly line of Daniels Road Extension (200 feet wide) as described in deed recorded at Official Record Book 1644 at Page 1739 of the Lee County Records; thence run N 68__38' 13" E along said northwesterly line for 64.84 feet to an intersection with said easterly line of said northwest quarter (NW-1/4) of said Section 17; thence run S 01__00' 12" E along said east line for 1238.52 feet to the southeast corner of said fraction; thence run S 89__30' 38" W along the south line of said fraction and the north line of the Southwest Florida Regional Airport for 2110.83 feet to an intersection with the southeasterly line of said Daniels Road Extension; thence run S 54__00' 05" W through said Sections 17, 18 and 19 along the southeasterly line of a road right-of-way (200 feet wide) for 7032.17 feet to an intersection with the west line of said Section 19; thence run N 00__55' 36" W along said west line for 1,477.45 feet to the northwest corner of said Section; thence run N 00_ 54' 13" W along the west line of the southwest quarter (SW-1/4) of said Section 18 for 2,643.95 feet to the quarter corner on said west line; thence run N 00_ 39' 39" W along the west line of the northwest quarter (NW- 1/4) of said Section 19 for 2,674.35 feet to the northwest corner of said Section; thence run N 00_ 57' 26" W along the west line of the southwest quarter (SW-1/4) of said Section 7 for 2,645.34 feet to the quarter corner common to said Sections 7 and 12; thence run S 89_ 55' 12" W along the south line of the northeast quarter (NE-1/4) of said Section 12 for 2,524.67 feet to the west line of the east 2,524.14 feet of said northeast quarter (NE-1/4); thence run N 01_ 05' 33" W along said west line for 2,646.07 feet to the south line of said Section 1; thence run S 89_ 56' 14" W along said south line for 2,663.19 feet to the southwest corner of said Section, passing through the quarter corner on the south line of said Section at 69.26 feet; thence run S 89__03' 50" W along the south line of said Section 2 for 2645.12 feet to the quarter corner on said south line; thence run S 00__08' 50" E line of the northwest quarter (NW-1/4) of said Section 11 for 2670.22 feet to the center of said Section; thence run S 88__33' 56" W along the south line of said northwest quarter (NW-1/4) for 2745.77 feet to the quarter corner on the west line of said Section 11; thence run S 89__29' 50" W along the south line of the northeast quarter (NE-1/4) of said Section 10 for 2546.16 feet to the center of said Section; thence run N 00__06' 58" W along the west line of said northeast quarter (NE-1/4) for 2668.79 feet to the quarter corner on the north line of said Section; thence run S 88__57' 32" W along the south line of said Section 3 for 2649.25 feet to the southwest corner of said Section; thence run S 88_ 54' 32" W along the south line of said Section 4 for 2059.99 feet to an intersection with the southeasterly line of the Six Mile Cypress Acquisition Area; thence run Northeasterly along said southeasterly line the following courses and distances: N 31__38' 21" E for 261.19 feet; N 01__23' 47" W for 277.78; N 37__53' 18" E for 246.16 feet; N 18_ 15' 00" E for 91.84 feet; N 56__35' 37" E for 169.92 feet; N 85__38' 45" E for 379.20 feet; N 70__16' 34" E for 105.12 feet; N 06__16' 12" E for 108.95 feet; N 89__11' 29" E for 322.80 feet; N 71_ 11' 39" E for 95.05 feet; N 55__29' 43" E for 156.24 feet; S 86__54' 42" E for 285.36 feet; N 55_ 11' 00" E for 58.82 feet; N 73__00' 08" E for 140.00 feet; N 54__05' 49" E for 115.77 feet; N 10_ 34' 05" E for 104.79 feet; N 24__05' 57" E for 100.09 feet; N 67__22' 01" E for 230.59 feet; S 85__03' 28" E for 211.24 feet; N 05__10' 02" E for 54.09 feet; N 27__24' 58" E for 106.63 feet; N 10__08' 05" E for 139.90 feet; N 44__41' 11" E for 147.83 feet; N 62__35' 02" W for 105.53 feet; N 23__59' 48" E for 476.74 feet; N 15__42' 08" E for 368.41 feet; N 20__55' 23" E for 222.23 feet; N 45__09' 19" E for 183.23 feet; N 31__07' 36" E for 305.01 feet; N 32__55' 08" E for 155.78 feet; N 17__03' 28" E for 110.45 feet; N 26__26' 47" E for 300.81 feet; N 18__42' 17" E for 150.86 feet; N 04__51' 19" W for 340.19 feet; N 12__09' 34" E for 251.79 feet; N 27__12' 34" E for 210.15 feet; N 14__53' 31" E for 323.53 feet and N 35__18' 42" E for 275.49 feet to an intersection with the north line of said Section 3; thence run N 88__37' 17" E along said north line for 530.84 feet to an intersection with the westerly line of State Road No. 93 (Interstate 75) (324 feet wide); thence run S 14_ 49' 52" E along said westerly line for 677.99 feet to an intersection with the east line of the northwest quarter (NW-1/4) of said Section 3; thence run S 00__49' 04" E along said east line for 1299.77 feet to the northwest corner of the west half (W-1/2) of the southwest quarter (SW-1/4) of the northeast quarter (NE-1/4) of said section; thence run N 88__12' 52" E along the north line of said fraction for 323.06 feet to an intersection with said westerly line of State Road No. 93; thence run S 14__49' 52" E along said westerly line for 2.67 feet to an intersection with the east line of said fraction ; thence run S 00__37' 05" E along said east line for 650.21 feet to the southeast corner of said fraction; thence run N 88__09' 46" E along the north line of the southeast quarter (SE-1/4) of said Section 3 for 2250.18 feet to the quarter corner common to said Sections 2 and 3; thence run N 00__47' 03" E along the west line of the northwest quarter (NW-1/4) of said Section 2 for 2605.26 feet to the Point of Beginning. Less and except all that part of the right-of-way for State Road No. 93 (Interstate 75) lying within the southeast quarter (SE-1/4) of Section 3 and within the northeast quarter (NE- 1/4) of Section 10, Township 45 South, Range 25 East, Lee County, Florida, as more particularly described in the petition for this rule. Containing 5,474 5324 acres, more or less. PARCEL "A" A TRACT OR PARCEL OF LAND LYING IN SECTION 35 TOWNSHIP 44 SOUTH, RANGE 25 EAST, SECTIONS 1, 2, 11 AND 12, TOWNSHIP 45 SOUTH, RANGE 25 EAST; SECTION 31, TOWNSHIP 44 SOUTH, RANGE 26 EAST AND IN SECTIONS 5, 6, 7, 8, 17, 18 AND 19, TOWNSHIP 45 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 35 RUN N 00?47'42" W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW 3) OF SAID SECTION FOR 2643.18 FEET TO THE QUARTER CORNER ON THE WEST LINE OF SAID SECTION; THENCE RUN N 00?43'47" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION FOR 1361.42 FEET; THENCE RUN N 35?45'29" E FOR 947.82 FEET; THENCE RUN N 56?15'44" E FOR 690.61 FEET TO THE SOUTH LINE OF THE COLONIAL BOULEVARD RIGHT-OF-WAY (STATE ROAD 884) (250 FEET WIDE); THENCE RUN S 89?38'27" E ALONG SAID SOUTH LINE FOR 539.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89?38'27" E ALONG SAID SOUTH LINE FOR 2224.05 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION; THENCE RUN S 02?16'01" E ALONG SAID WEST LINE FOR 1168.38 FEET TO THE SOUTHWEST CORNER OF SAID FRACTION; THENCE RUN N 89?54'24" E ALONG THE SOUTH LINE OF SAID SECTION FOR 1324.86 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN S 03?20'25" E FOR 1284.37 FEET TO THE QUARTER CORNER ON THE EAST LINE OF SAID SECTION; THENCE RUN S 00?01'59" E ALONG SAID EAST LINE FOR 2635.65 FEET TO THE NORTHWEST CORNER OF SAID SECTION 1; THENCE RUN N 89?28'42" E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 1 FOR 2642.98 FEET TO THE QUARTER CORNER ON SAID NORTH LINE; THENCE RUN S 89?57'06" E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER (NE 3) OF SAID SECTION 1 FOR 2523.38 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE RUN N 00?57'01" W ALONG THE WEST LINE OF SAID SECTION 31 FOR 2644.12 FEET TO THE QUARTER CORNER ON SAID WEST LINE; THENCE RUN N 00?35'02" W ALONG SAID WEST LINE OF SAID SECTION 31 FOR 1705.47 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF IMMOKALEE ROAD (STATE ROAD 82) (200 FEET WIDE); THENCE RUN S 46?07'29" E ALONG SAID SOUTHWESTERLY LINE FOR 6215.51 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 31; THENCE CONTINUE S 46?07'29" E ALONG SAID SOUTHWESTERLY LINE FOR 1227.27 FEET TO AN INTERSECTION WITH A LINE COMMON TO SAID SECTIONS 5 AND 6; THENCE CONTINUE S 46?07'29" E ALONG SAID SOUTHWESTERLY LINE FOR 1535.36 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE ALONG THE ARC OF A CURVE TO THE LEFT OF RADIUS 5824.88 FEET (DELTA 18?13'21") (CHORD BEARING S 55?14'10" E) (CHORD 1844.76 FEET) FOR 1852.55 FEET TO A POINT OF TANGENCY; THENCE CONTINUE ALONG SAID SOUTHWESTERLY LINE S 64?20'50" E FOR 22.21 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE WEST HALF (W 2) OF SAID SECTION 5; THENCE RUN S 00?06'33" E ALONG SAID EAST LINE FOR 2271.81 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 5 AND 8; THENCE RUN S 01?02'00" E ALONG THE EAST LINE OF THE WEST HALF (W 2) OF SAID SECTION 8 FOR 3028.35 FEET; THENCE RUN N 89?33'57" E FOR 605.03 FEET; THENCE RUN S 01?02'02" E FOR 1800.10 FEET; THENCE S 89?33'57" W FOR 605.03 FEET; THENCE RUN S 01?02'00" E FOR 500.03 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 8 AND 17; THENCE RUN S 01?00'12" E ALONG THE EAST LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 17 FOR 926.76 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF A FLORIDA POWER & LIGHT COMPANY SUBSTATION SITE AS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK 1606 AT PAGE 1286, LEE COUNTY RECORDS; THENCE RUN N 37?57'04" W ALONG SAID NORTHEASTERLY LINE FOR 361.70 FEET; THENCE RUN S 52?02'56" W ALONG THE NORTHWESTERLY LINE OF SAID SITE FOR 361.70 FEET; THENCE RUN S 37?57'04" E ALONG THE SOUTHWESTERLY LINE OF SAID SITE FOR 741.48 FEET TO AN INTERSECTION WITH THE NORTHWESTERLY LINE OF DANIELS ROAD EXTENSION (200 FEET WIDE) AS DESCRIBED IN DEED RECORDED IN OFFICIAL RECORD BOOK 1644 AT PAGE 1739, LEE COUNTY RECORDS; THENCE RUN N 68?38'13" E ALONG SAID NORTHWESTERLY LINE FOR 64.84 FEET TO AN INTERSECTION WITH SAID EASTERLY LINE OF SAID NORTHWEST QUARTER (NW 3) OF SAID SECTION 17; THENCE RUN S 01?00'12" E ALONG SAID EAST LINE FOR 1238.52 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN S 89?30'38" W ALONG THE SOUTH LINE OF SAID FRACTION AND A NORTH LINE OF THE SOUTHWEST FLORIDA REGIONAL AIRPORT FOR 2110.83 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SAID DANIELS ROAD EXTENSION; THENCE RUN S 54?00'05" W THROUGH SAID SECTIONS 17, 18, AND 19 ALONG THE SOUTHEASTERLY LINE OF A ROAD RIGHT-OF-WAY (200 FEET WIDE) FOR 7032.17 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID SECTION 19; THENCE RUN N 00?55'36" W ALONG SAID WEST LINE FOR 1477.45 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE RUN N 00?54'13" W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW 3) OF SAID SECTION 18 FOR 2643.95 FEET TO THE QUARTER CORNER OF SAID WEST LINE; THENCE RUN N 00?39'39" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 18 FOR 2647.35 FEET TO THE NORTHWEST CORNER OF SAID SECTION; THENCE RUN N 00?57'26" W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW 3) OF SAID SECTION 7 FOR 2645.34 FEET TO THE QUARTER CORNER COMMON TO SAID SECTIONS 7 AND 12; THENCE RUN S 89?55'12" W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 3) OF SAID SECTION 12 FOR 2524.67 FEET TO THE WEST LINE OF THE EAST 2524.14 FEET OF SAID NORTHEAST QUARTER (NE 3); THENCE RUN N 01?05'33" W ALONG SAID WEST LINE FOR 2646.07 FEET TO THE SOUTH LINE OF SAID SECTION 1; THENCE RUN S 89?56'14" W ALONG SAID SOUTH LINE FOR 2663.19 FEET TO THE SOUTHWEST CORNER OF SAID SECTION, PASSING THROUGH THE QUARTER CORNER ON THE SOUTH LINE OF SAID SECTION AT 69.26 FEET; THENCE RUN S 89?03'50" W ALONG THE SOUTH LINE OF SAID SECTION 2 FOR 3096.18 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF PROPOSED TREELINE BOULEVARD; THENCE ALONG SAID EAST RIGHT- OF-WAY LINE THE FOLLOWING BEARING AND DISTANCES: THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2625.00 FEET (DELTA 29?13'02") (CHORD BEARING S 15?09'16" W) (CHORD 1324.12 FEET) FOR 1338.58 FEET TO A POINT OF TANGENCY; THENCE RUN S 29?45'46" W FOR 618.63 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1487.50 FEET (DELTA 28?50'26") (CHORD BEARING S 15?20'33" W) (CHORD 740.87 FEET) FOR 748.75 FEET TO A POINT OF TANGENCY; THENCE RUN S 00?55'22" W FOR 166.10 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SECTION 11; THENCE RUN S 88?33'56" W ALONG SAID LINE FOR 125.11 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF PROPOSED TREELINE BOULEVARD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING BEARING AND DISTANCES: THENCE RUN N 00?55'22" E FOR 171.23 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1612.50 FEET (DELTA 28?50'26") (CHORD BEARING N 15?20'33" E) (CHORD 803.13 FEET) FOR 811.67 FEET TO A POINT OF TANGENCY; THENCE N 29145"46' E FOR 618.63 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2500.00 FEET (DELTA 33?36'51") (CHORD BEARING N 12?57'22" W) (CHORD 1445.75 FEET) FOR 1466.69 FEET TO A POINT OF TANGENCY; THENCE N 03?51'03" W FOR 959.31 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2800.06 FEET (DELTA 10?24'15") (CHORD BEARING N 01?21'04" E) (CHORD 507.76 FEET) FOR 508.45 FEET TO A POINT OF TANGENCY; THENCE N 06?33'12" E FOR 1166.54 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1000.00 FEET (DELTA 43?02'49") (CHORD BEARING N 14?58'12" W) (CHORD 733.76 FEET) FOR 751.31 FEET TO A POINT OF TANGENCY; THENCE N 36?29'36" W FOR 266.36 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 2000.00 FEET (DELTA 37?40'00") (CHORD BEARING N 17?39'36" W) (CHORD 1291.27 FEET) FOR 1314.81 FEET TO A POINT OF TANGENCY; THENCE N 01?10'24" E FOR 245.33 FEET; THENCE S 89?25'36" W LEAVING SAID WEST LINE FOR 114.67 FEET TO A POINT ON THE EAST LINE OF TREELINE BOULEVARD (TO BE RE-ALIGNED) AS DESCRIBED IN OFFICIAL RECORD BOOK 1529 BEGINNING AT PAGE 412 OF THE PUBLIC RECORDS OF LEE COUNTY; THENCE N 00?02'17" W FOR 68.31 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SECTION 34, TOWNSHIP 44 SOUTH, RANGE 25 EAST; THENCE N 01?00'06" W ALONG SAID EAST LINE OF TREELINE BOULEVARD (TO BE RE-ALIGNED) FOR 2642.68 FEET; THENCE N 00?58'02" W ALONG SAID EAST LINE OF TREELINE BOULEVARD (TO BE RE-ALIGNED) FOR 1048.01 FEET TO A POINT ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S 47?49' 01" E; SAID POINT ALSO BEING ON THE EAST LINE OF A ROAD RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORD BOOK 2581 BEGINNING AT PAGE 4060 OF THE LEE COUNTY RECORDS; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET (DELTA 41?49'26") (CHORD BEARING N 21?16'16" E) (CHORD 749.56 FEET) FOR 766.46 FEET TO A POINT OF TANGENCY; THENCE N 00?21'33" E ALONG SAID EAST LINE FOR 721.50 FEET; THENCE N 45?21'33" E FOR 42.68 FEET TO THE POINT OF BEGINNING. CONTAINING 4,390 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS- OF-WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN) BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 10, TOWNSHIP 45 SOUTH, RANGE 25 EAST AS BEARING S88?57'32"W. TOGETHER WITH: DESCRIPTION SECTION 3, TOWNSHIP 45 SOUTH, RANGE 25 EAST LEE COUNTY, FLORIDA PARCEL "B" A TRACT OR PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 45 SOUTH, RANGE 25 EAST, LEE COUNTY, FLORIDA WHICH TRACT OR PARCEL IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3 RUN N 88?37'17" E ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER (NW 3) OF SAID SECTION 3 FOR 2477.68 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF INTERSTATE 75 (I-75) (STATE ROAD NO. 93) (324 FEET WIDE) AND THE POINT OF BEGINNING; THENCE RUN S 14?49'52" E ALONG SAID WESTERLY RIGHT- OF-WAY LINE FOR 677.94 FEET TO AN INTERSECTION WITH THE EAST LINE OF THE NORTHWEST ONE-QUARTER (NW 3) OF SAID SECTION 3; THENCE RUN S 00?49'05" E ALONG SAID EAST LINE FOR 1299.77 FEET TO THE NORTHWEST CORNER OF THE WEST HALF (W 2) OF THE SOUTHWEST QUARTER (SW 3) OF THE NORTHEAST QUARTER (NE 3) OF SAID SECTION; THENCE RUN N 88?12'52" E ALONG THE NORTH LINE OF SAID FRACTION FOR 323.06 FEET TO AN INTERSECTION WITH SAID WESTERLY LINE OF STATE ROAD NO. 93; THENCE RUN S 14?49'52" E ALONG SAID WESTERLY LINE FOR 2.67 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID FRACTION; THENCE RUN S 00?37'05" E ALONG SAID EAST LINE FOR 650.21 FEET TO THE SOUTHEAST CORNER OF SAID FRACTION; THENCE RUN N 88?09'46" E ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (SE 3) OF SAID SECTION 3 FOR 163.88 FEET TO AN INTERSECTION WITH SAID WESTERLY RIGHT-OF-WAY LINE; THENCE RUN S 14?49'52" E ALONG SAID WESTERLY RIGHT-OF-WAY LINE FOR 1474.99 FEET TO A POINT OF CURVATURE; THENCE RUN SOUTHERLY ALONG AN ARC OF A CURVE TO THE RIGHT OF RADIUS 22800.31 FEET (CHORD BEARING S 13?33'28" E) (CHORD 1013.23 FEET) (DELTA 02?32'47") FOR 1013.31 FEET TO A POINT ON A NON-TANGENT LINE; THENCE RUN N 82?23'52" W FOR 122.32 FEET TO A POINT ON A NON- TANGENT CURVE; THENCE RUN NORTHERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 22685.31 FEET (CHORD BEARING N 13?36'38" W) (CHORD 966.55 FEET) (DELTA 02?26'29") FOR 966.63 FEET TO A POINT OF TANGENCY; THENCE RUN N 14?49'52" W FOR 542. 01 FEET TO A POINT OF CURVATURE; THENCE RUN NORTHWESTERLY ALONG AN ARC OF A CURVE TO THE LEFT OF RADIUS 250.00 FEET (CHORD BEARING N 54?04'24" W) (CHORD 316.30 FEET) (DELTA 78?29'05") FOR 342.45 FEET TO A POINT OF TANGENCY; THENCE RUN S 86?41'03" W FOR 1133.06 FEET; THENCE RUN N 02?10'37" W FOR 387.06 FEET; THENCE RUN N 87?40'37" W FOR 838.00 FEET; THENCE RUN N 01?19'23" E FOR 243.00 FEET; THENCE RUN S 88?09'46" W FOR 190.18 FEET TO AN INTERSECTION WITH THE SOUTHEASTERLY LINE OF SIX MILE CYPRESS PRESERVE, AS RECORDED IN OFFICIAL RECORD BOOK 1741 AT PAGE 1241 OF THE PUBLIC RECORDS OF LEE COUNTY, FLORIDA; THENCE RUN THE FOLLOWING FIFTEEN (13) COURSES ALONG SAID SOUTHEASTERLY LINE; N 15?42'08" E FOR 184.34 FEET; N 20?55'23" E FOR 222.23 FEET; N 45?09'19" E FOR 183.23 FEET; N 31?07'36" E FOR 305.01 FEET; N 32?55'08" E FOR 155.78 FEET; N 17?03'28" E FOR 110.45 FEET; N 26?26'47" E FOR 300.81 FEET; N 18?42'17" E FOR 150.86 FEET; N 04?51'19" W FOR 340.19 FEET; N 12?09'34" E FOR 251.79 FEET; N 27?12'34" E FOR 210.15 FEET; N 14?53'31" E FOR 323.53 FEET; N 35?18'42" E FOR 275.49 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST ONE-QUARTER (NW 3) OF SAID SECTION 3; THENCE RUN N 88?37'17" E ALONG SAID NORTH LINE FOR 530.87 FEET TO THE POINT OF BEGINNING. CONTAINING 111.14 ACRES, MORE OR LESS. TOTAL AREA FOR BOTH PARCELS 4,501.14 ACRES, MORE OR LESS. BEARINGS HEREINABOVE MENTIONED ARE BASED ON THE NORTH LINE OF THE NORTHWEST QUARTER (NW 3) OF SAID SECTION 3 TO BEAR N 88?37'17" W WHICH BEARING IS DERIVED FROM PLANE COORDINATE FOR THE FLORIDA WEST ZONE (1979 ADJUSTMENT). Specific Authority 120.53(1), 190.005, FS. Law Implemented 190.004, 190.005, FS. History - new 5-22-86, Amended .
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) in this proceeding is whether to grant the Petition to Establish the Arborwood Community Development District (Petition), dated November 17, 2003. The local public hearing was conducted for the purpose of gathering information in anticipation of rulemaking by FLWAC.
The Issue The issue before the Florida Land and Water Adjudicatory Commission (FLWAC) in this proceeding is whether to grant the Petition to Establish the Pioneer Community Development District (Petition). The local public hearing was for purposes of gathering information in anticipation of quasi-legislative rulemaking by FLWAC.2
