03-004166 In Re: Petition For Rule Creation - Connerton West Community Development District vs. *
 Status: Closed
Recommended Order on Tuesday, February 24, 2004.


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Summary: The local public hearing was held on the petition to establish a community development district. The received evidence supports the petition.

1STATE OF FLORDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8IN RE: PETITION FOR RULE )

14CREATION – ARBORWOOD ) Case No. 03 - 4609

23COMMUNITY DEVELOPMENT )

26DISTRICT )

28ADMINISTRATIVE LAW JUDGE’S REPORT TO

33THE FLORIDA LAND AND WATER ADJUD ICATORY COMMISSION

41On January 28, 2004, a local public hearing under Section

51190.005(1)(d), Florida Statutes (2003), was conducted in Fort

59Myers, Florida, by Charles A. Stampelos, Administrative Law

67Judge (ALJ) of the Division of Administrative Hearings (DOAH).

76APPEARANCES

77For Petitioner: Jonathan T. Johnson, Esquire

83Chasity H. O’Steen, Esquire

87Hopping Green & Sams, P.A.

92123 South Calhoun Street

96Tallahassee, Florida 32301

99STATEMENT OF THE ISSUE

103The issue before the Florida Land and Water A djudicatory

113Commission (FLWAC) in this proceeding is whether to grant the

123Petition to Establish the Arborwood Community Development

130District (Petition), dated November 17, 2003. The local public

139hearing was conducted for the purpose of gathering informati on

149in anticipation of rulemaking by FLWAC.

155PRELIMINARY STATEMENT

157On November 17, 2003, the Petition was filed by Worthington

167Holdings Southwest, L.L.C. (Petitioner). It requested that

174FLWAC adopt a rule to establish a uniform community development

184d istrict, to be called the Arborwood Community Development

193District (District), on certain property in the City of Fort

203Myers (City), Lee County, Florida. The Petition includes nine

212exhibits.

213On December 9, 2003, FLWAC referred the Petition to DOAH for

224the assignment of an ALJ to conduct a local public hearing under

236Section 190.005(1)(d), Florida Statutes (2003). The local

243public hearing before the ALJ was scheduled and was held at

2541:00 p.m., on January 28, 2004, in the East Room of the Lee

267County Old Courthouse, located at 2120 Main Street, in Fort

277Myers, Lee County, Florida. At the local public hearing,

286Petitioner presented the testimony of John Asher, employed by

295Worthington Holdings Southwest, L.L.C., of Fort Myers, Florida;

303Rhonda Archer Mossing, employed by Severn Trent Services, Inc.,

312of Kingston, Tennessee; Carron Day, employed by WilsonMiller,

320Inc., in Fort Myers, Florida; and Joshua Reese Evans, employed

330by WilsonMiller, Inc., in Fort Myers, Florida. Petitioner also

339introduced eleven exhibits , designated Composite Exhibit A

346through Exhibit K, which are described in page 2 of the

357Transcript of the Record. On February 6, 2004, Petitioner filed

367two late - filed exhibits, Revised Exhibit 1, the Statement of

378Estimated Regulatory Costs, and Revised E xhibit 2, Resolution

387No. 04 - 0135 adopted by the Board of County Commissioners of Lee

400County, Florida. No one from the public appeared at the

410hearing.

411The Transcript of the local public hearing was filed on

421February 12, 2004. Petitioner filed a Propos ed ALJ’s Report to

432FLWAC, which has been considered in the preparation of this

442Report.

443SUMMARY OF RECORD

446A. Petition and Related Matters

4511. The Petition was submitted to FLWAC, Lee County and the

462City of Fort Myers, Florida.

4672. The Petition alleges th at the land proposed to be

478included within the District is located in the City of Fort

489Myers, Lee County, Florida. Petition Exhibit 1 depicts the

498general location of the District. The proposed District covers

507approximately 2,479.13 acres of land. See pa ragraphs 21 - 23, 29,

520and 47. The metes and bounds description of the external

530boundaries of the District is set forth in Petition Composite

540Exhibit 2.

5423. Petition Exhibit 3 incorporates the written consents to

551the establishment of the District by the ow ners of 100 percent

563of the real property to be included within the District. Lands

574to be included within the District are owned by Worthington

584Holdings Southwest, L.L.C., and the Gould Estate.

5914. The Petition states that the name of the proposed

601District will be the Arborwood Community Development District.

6095. The Petition identifies the following names and

617addresses as those individuals designated as the five initial

626members of the Board of Supervisors of the District:

635Name Address

637John Gnagey 9240 Marketplace Road, Suite 2

644Fort Myers, Florida 33912

648Jeff Darragh 9240 Marketplace Road, Suite 2

655Fort Myers, Florida 33912

659Glenn Cribb ett 9240 Marketplace Road, Suite 2

667Fort Myers, Florida 33912

671John Asher 9240 Marketplace Road, Suite 2

678Fort Myers, Florida 33912

682Ron Zul 9240 Marketplace Road, Suite 2

689Fort Myers, Florida 33912

6936. Petition Exhibit 4 depicts the existing land uses

702within and abutting the District. The Petition alleges that the

712lands within the District are undeveloped, and the property has

722been annexed into the City. The Petition alleges that lands

732within the District are currently zoned AG - 2 and IL.

7437. The future general distribution, location and extent of

752the public and private land uses within the District are shown

763in Petition Exhibit 5. Arborwood will be a mixed - use

774develo pment, and the District proposes to construct

782approximately four thousand and fifty (4,050) single - family

792units, two thousand four hundred and fifty (2,450) multi - family

804units and one hundred seventy thousand (170,000) feet of retail

815and office uses.

8188. T he Petition alleges that there are currently no major

829trunk water mains, sewer interceptors or outfalls in the area

839within the District, and this is illustrated in Petition Exhibit

8496.

8509. The Petition alleges, based upon currently available

858data, the propo sed timetable for the construction of District

868services and facilities. The types of facilities and services

877and the cost of constructing the proposed facilities and

886services, based on available data, are shown in Petition Exhibit

8967. This is alleged to b e a good faith estimate, but it is not

911binding on Petitioner or the District and is subject to change.

92210. The Petition alleges and incorporates in its Exhibit 8

932a Statement of Estimated Regulatory Costs (SERC) prepared in

941accordance with the requirements of Section 120.541, Florida

949Statutes (2003).

95111. The Petition alleges that the authorized agent of

960Petitioner is John Asher. An executed copy of the authorization

970of agent is provided in Petition Exhibit 9.

97812. The Petition alleges that Petitioner subm itted a copy

988of the Petition with Exhibits to the City and to Lee County with

1001the required filing fee of $15,000 for each local government

1012entity in accordance with Section 190.005(2)(b), Florida

1019Statutes (2003).

102113. The Petition alleges that establishmen t of the

1030District should be granted for the following reasons:

1038a. Establishment of the proposed District and

1045all land uses and services planned within the

1053proposed District are not inconsistent with

1059applicable elements and portions of the effective

1066State Comprehensive Plan or the local

1072Comprehensive Plan.

1074b. The area of land within the proposed

1082District is part of a planned community. It is

1091of sufficient size, compactness and contiguity to

1098be developed as one functional and interrelated

1105community.

1106c. Establ ishment of the proposed District will

1114prevent the general body of taxpayers in the City

1123from bearing the burden for installation of the

1131infrastructure and the maintenance of certain

1137facilities within the development encompassed by

1143the proposed District. T he proposed District is

1151the best alternative for delivering community

1157development services and facilities to the

1163proposed community without imposing an additional

1169burden on the general population of the local

1177general - purpose government. Establishment of t he

1185proposed District in conjunction with a

1191comprehensively planned community, as proposed,

1196allows for a more efficient use of resources.

1204d. The community development services and

1210facilities of the proposed District will not be

1218incompatible with the capacity and use of

1225existing local and regional community development

1231services and facilities. In addition,

1236establishment of the proposed District will

1242provide a perpetual entity capable of making

1249reasonable provisions for the operation and

1255maintenance of the pro posed District services and

1263facilities.

1264e. The area to be served by the proposed

1273District is amenable to separate special - district

1281government.

1282A. Additional Information from Local Public Hearing

128914. The local public hearing on the Petition was noticed

1299and held o n January 28, 2004, in the East Room of the Lee County

1314Old Courthouse, located at 2120 Main Street, in Fort Myers, Lee

1325County, Florida, an accessible location in Fort Myers, Lee

1334County, Florida. Pursuant to Section 190.005(1)(d), Florida

1341Statutes (2003), notice of the public hearing was advertised on

1351December 31, 2003, and January 7, 14 and 21, 2004, in the Fort

1364Myers News - Press, a newspaper of general paid circulation in Lee

1376County, and of general interest and readership in the community,

1386not one of limit ed subject matter, pursuant to Chapter 50,

1397Florida Statutes. The published notices gave the time and place

1407for the hearing; a description of the area to be included within

1419the District, including a map showing the land to be included

1430within the District; and other relevant information. The

1438advertisement was published as a display advertisement, not in

1447the portion of the newspaper where legal notices and classified

1457advertisements appear.

145915. The hearing commenced at 1:00 p.m., the time

1468advertised in the pub lished notice. Counsel for Petitioner made

1478appearances. Only the four witnesses of Petitioner testified at

1487the hearing. No members of the public were in attendance at any

1499time during the hearing.

150316. The first witness for Petitioner was John Asher.

1512Mr. Asher is employed by Worthington Holdings Southwest, L.L.C.,

1521as project manager. Mr. Asher is the person within Worthington

1531Holdings Southwest, L.L.C., who is responsible for the Arborwood

1540development.

154117. Mr. Asher testified that he had previously pre - f iled

1553ten pages of direct testimony dealing with the preparation and

1563content Petition. Mr. Asher testified that there were no

1572changes or corrections to his pre - filed testimony, and it was

1584received into the record. Exhibits JPA - 1 through JPA - 4 were

1597marked as Hearing Exhibits B, C, D and E, consecutively, and

1608moved into evidence.

161118. Mr. Asher identified the affidavit of publication of

1620the notice of the public hearing, which has been published in

1631the Fort Myers News - Press in the manner and form prescribed by

1644Section 190.005, Florida Statutes (2003). This affidavit was

1652marked as Hearing Exhibit F and admitted into evidence.

166119. Mr. Asher identified the executed Annexation Agreement

1669that had been entered into by Worthington Holdings Southwest,

1678L.L.C., and the C ity for the Arborwood property. Section 3.01

1689of the Annexation Agreement evidences the City’s intent to

1698support a community development district for the Arborwood

1706project. The Annexation Agreement was marked as Hearing Exhibit

1715G and admitted into evidenc e. Mr. Asher confirmed that the City

1727has elected not to hold its optional public hearing to consider

1738the Petition under Section 190.005, Florida Statutes (2003).

174620. Mr. Asher testified that the County held its optional

1756hearing to consider the Petition, and that he was in attendance.

1767Mr. Asher testified that the County unanimously approved a

1776resolution in support of the Petition. See Resolution No.

178504 - 0135.

178821. Three of the Petition Exhibits in Composite Hearing

1797Exhibit A had been revised subsequent to th e filing with FLWAC.

1809Mr. Asher testified that the legal description of the District

1819has been revised because a twelve - acre overlap between the

1830boundaries of the District and the currently existing Gateway

1839Services Community Development District, which bor ders the

1847District, was discovered. Mr. Asher testified that the legal

1856description originally filed as Petition Exhibit 2 has been

1865revised to except the twelve - acre parcel, which is a finger -

1878shaped road right - of - way from Treeline Avenue that runs south

1891fro m Colonial Parkway and that encroaches into the Arborwood

1901property. Mr. Asher testified that the legal description has

1910been amended after discussion with the FLWAC, which has

1919expressed a desire to avoid an overlap in the boundaries of the

1931District and the neighboring Gateway Services Community

1938Development District. The revised legal description of the

1946District was marked as Hearing Exhibit H and moved into

1956evidence.

195722. Mr. Asher testified that Petition Exhibit 4, the

1966existing land use map, has been revi sed to reflect the revised

1978boundaries of the District. The revised existing land use map

1988of the District was marked as Hearing Exhibit I and moved into

2000evidence.

200123. Mr. Asher testified that Petition Exhibit 6, the

2010existing infrastructure map, has been rev ised to reflect the

2020revised boundaries of the District. The revised existing land

2029use map of the District was marked as Hearing Exhibit J and

2041moved into evidence.

204424. The next witness for Petitioner was Rhonda Archer

2053Mossing. Ms. Archer is employed by Sev ern Trent Services, Inc.,

2064where she serves as vice president of operations. Her

2073responsibilities include the administration, accounting,

2078budgeting, assessing and collecting and bond financing relating

2086to special districts. Based upon her credentials, edu cation and

2096experience with special district matters, Ms. Archer was

2104designated and accepted as an expert witness in the field of

2115special district management and economic analysis.

212125. Ms. Archer testified that she had previously pre - filed

2132eleven pages of di rect testimony relating to the preparation of

2143the SERC, the management of the District and whether the

2153District is of sufficient size to be efficiently and

2162economically managed as a community development district.

2169Ms. Archer testified that there were no c hanges or corrections

2180to her pre - filed testimony, and it was received into the record.

219326. Ms. Archer testified that she reviewed the change in

2203the boundaries of the District and Hearing Exhibits H, I, and J,

2215and that the change to the boundary of the Distr ict did not

2228change her expert opinion in any way. Ms. Archer testified that

2239it is her expert opinion that the District is of sufficient

2250size, compactness and contiguity to be developed as a

2259functionally interrelated community.

226227. Ms. Archer testified that it is her expert opinion

2272that the District is the best alternative available to provide

2282the community development services and facilities to the

2290Arborwood project. Ms. Archer testified that it is her expert

2300opinion that from a management perspective the services and

2309facilities to be provided by the District would not be

2319incompatible with any existing local or regional uses.

2327Ms. Archer testified that it is her expert opinion that from a

2339management perspective the lands to be included within the

2348District a re amenable to being served by a separate special

2359district government.

236128. Ms. Archer testified that from an economic perspective

2370the District is the best alternative available for delivering

2379the proposed facilities and services. Ms. Archer testified that

2388fr om an economic analysis perspective the land to be included

2399within the District is of sufficient size, compactness and

2408contiguity to be developed as a functional, interrelated

2416community. Ms. Archer testified that from an economic analysis

2425perspective the lands to be included within the District are

2435amenable to being served by a separate special district

2444government.

244529. Ms. Archer identified Petition Exhibit 8, the SERC.

2454Ms. Archer testified that she had prepared the SERC and the only

2466change to the SERC was the reduction in the acreage of the

2478District from 2,479.13 acres to 2,466.85.

248630. The next witness for Petitioner was Carron Day.

2495Ms. Day is employed by WilsonMiller, Inc., as the regional

2505planning manager for southwest Florida. Based upon her

2513qualificat ions and credentials, Ms. Day was designated and

2522accepted as an expert witness in the field of land planning and

2534comprehensive plan analysis.

253731. Ms. Day testified that she had previously pre - filed

2548nine pages of direct testimony evaluating the consistency o f the

2559District with the State of Florida Comprehensive Plan and also

2569with the growth management plan of the City. Ms. Day testified

2580that her pre - filed testimony also analyzed whether the District

2591is of sufficient size, compactness and contiguity to be

2600dev eloped as a single community. Ms. Day testified that there

2611were no changes or corrections to her pre - filed testimony, and

2623it was received into the record.

262932. Ms. Day identified Chapter 187 of the Florida

2638Statutes, the State Comprehensive Plan, which was m arked as

2648Exhibit K and moved into evidence. Ms. Day testified that in

2659her expert opinion the establishment of the District is not

2669inconsistent with any element or portion of the effective State

2679or City Comprehensive Plans.

268333. Ms. Day testified that she re viewed the change in the

2695boundaries of the District and Hearing Exhibits H, I and J.

2706Ms. Day testified that in her expert opinion the establishment

2716of the District would not be incompatible with the capacity and

2727usage of existing local and regional facili ties and services.

2737Ms. Day testified that in her expert opinion the land to be

2749included within the District is amenable to separate special

2758district government. Ms. Day testified that in her expert

2767opinion the District is the best alternative for provid ing

2777community development services and facilities to the area within

2786the District. Ms. Day testified that with the slight change in

2797the District’s boundaries her expert opinions remained the same.

280634. Ms. Day testified that the City had recently adopted

2816nec essary comprehensive plan and future land use amendments to

2826allow for the development of the lands within the District to

2837proceed in accordance with the development plan. Ms. Day

2846testified that the amendment to the City’s comprehensive plan

2855has been adopt ed by the City and transmitted to the DCA for

2868review. Ms. Day testified that the amendments address the

2877development of the land, not the establishment of the District.

288735. The next witness for Petitioner was Joshua Reese

2896Evans. Mr. Evans is employed by Wil sonMiller, Inc., and is a

2908registered professional engineer. Based upon his qualifications

2915and experience with community development districts, Mr. Evans

2923was designated and accepted as an expert witness in the field of

2935civil engineering.

293736. Mr. Evans testi fied that he had previously pre - filed

2949four pages of direct testimony that analyzed, from an

2958engineering perspective, the accuracy and consistency of the

2966Petition exhibits and cost estimates with applicable statutes.

2974Mr. Evans testified that there were n o changes or corrections to

2986his pre - filed testimony, and it was received into the record.

299837. Mr. Evans testified that he had reviewed the slight

3008change in the District’s boundaries, and his expert opinions

3017remained the same. Mr. Evans testified that in hi s expert

3028opinion the District is the best alternative to provide services

3038and facilities to the area within the District. Mr. Evans

3048testified that in his expert opinion the services and facilities

3058to be provided by the District would be compatible with th e

3070capacities and uses of existing local and regional community

3079development services and facilities. Mr. Evans testified that

3087in his expert opinion the lands to be included within the

3098District are amenable to being served as a separate special

3108district loc al government.

311238. Petitioner introduced several documents that were

3119accepted into evidence:

3122Composite Exhibit A

3125Petition and exhibits that were filed with the FLWAC

3134on November 17, 2003.

3138Exhibit B

3140Exhibit JPA - 1 to Written Testimony of Mr. Asher

3150consisting of a letter from the FLWAC certifying that

3159all required elements of Section 190.005(1)(a),

3165Florida Statutes (2003), are contained in the

3172Petition. The letter also requests assignment of an

3180ALJ as provided by Florida Administrative Code Rule

318842 - 1.009(1)(b) , and that DOAH conduct a local public

3198hearing pursuant to Section 190.005(1)(d), Florida

3204Statutes (2003).

3206Exhibit C

3208Exhibit JPA - 2 to Written Testimony of Mr. Asher

3218consisting of the Notice of Receipt of Petition to

3227establish the Arborwood Community Dev elopment

3233District, which was published in the Florida

3240Administrative Weekly in Volume 30, Number 2, on

3248January 9, 2004, pages 204 - 05. The Notice also

3258provided information regarding the local public

3264hearing to establish the District.

3269Exhibit D

3271Exhibit JPA - 3 to Written Testimony of Mr. Asher

3281consisting of a letter from the Office of the FLWAC,

3291dated December 8, 2003, to the Department of Community

3300Affairs (DCA) requesting a review of the enclosed

3308Petition to establish the District from the standpoint

3316of the DCA and the requirements of Chapter 190,

3325Florida Statutes.

3327Exhibit E

3329Exhibit JPA - 4 to Written Testimony of Mr. Asher

3339consisting of a letter from the DCA stating that

3348Arborwood is a proposed development that is currently

3356undergoing development of regi onal impact review. The

3364letter also states that the DCA reviewed the Petition

3373to establish the District and found no potential

3381inconsistency with Chapter 163, Florida Statutes.

3387Exhibit F

3389Affidavit of Publication from the Fort Myers News -

3398Press newspaper , providing evidence that the public

3405hearing notice for this hearing was published on

3413December 31, 2003, and January 7, 14 and 21, 2004, in

3424accordance with the requirements of Section

3430190.005(1)(d), Florida Statutes (2003).

3434Exhibit G

3436Annexation agreement between Worthington Holdings

3441Southwest, L.L.C., and the City of Fort Myers, Lee

3450County, Florida, executed September 3, 2003.

3456Exhibit H

3458Revised Petition Exhibit 2 showing the metes and

3466bounds legal description of the external boundary of

3474the District.

3476Exhibit I

3478Revised Petition Exhibit 4 depicting the existing land

3486uses within and abutting the District.

3492Exhibit J

3494Revised Petition Exhibit 6 showing that no current

3502major trunk water mains, sewer interceptors or

3509outfalls exist within the boundary of th e District.

3518Exhibit K

3520State Comprehensive Plan, Chapter 187, Florida

3526Statutes.

3527APPLICABLE LAW

3529A. General

353139. Section 190.005(1), Florida Statutes (2003), provides

3538that the sole means of establishing a community development

3547district (CDD) of 1,000 acres or more shall be by rule adopted

3560by the FLWAC in granting a petition for the establishment of a

3572CDD.

357340. Section 190.005(1)(a), Florida Statutes (2003),

3579requires that an establishment petition be filed with the FLWAC

3589and submitted to the applicable local gov ernment entity. The

3599petition must provide a metes and bounds legal description of

3609the area to be serviced by the CDD with a specific description

3621of real property to be excluded from the district, if any. The

3633petition must establish that petitioner has re ceived the written

3643consent of the landowners of 100 percent of the real property

3654proposed to be included within the CDD or documentation

3663“demonstrating that the petition has control by deed, trust

3672agreement, contract, or option . . . .” The petition must

3683designate the name of the CDD and the five initial members of

3695the board of supervisors. The petition also must contain a map

3706showing current major trunk water mains and sewer interceptors

3715and outfalls, if any.

371941. Section 190.005(1)(a), Florida Statutes (200 3), also

3727requires that the petition propose a timetable for construction

3736of CDD services and facilities and an estimate of construction

3746costs. The petition must designate future general distribution,

3754location and extent of public and private uses of lad i n the

3767future land use element of the applicable general - purpose local

3778government. The petition must contain a Statement of Estimated

3787Regulatory Costs.

378942. Section 190.005(1)(b), Florida Statutes (2003),

3795requires that petitioner serve a copy of the establishm ent

3805petition and pay a filing fee of $15,000 to the county and to

3819each municipality whose proposed boundary is within or

3827contiguous to the CDD.

383143. Section 190.005(1)(c), Florida Statutes (2003),

3837permits the general purpose local governments described in the

3846preceding paragraph to conduct a public hearing on the petition.

3856These local government entities may then present resolutions to

3865the FLWAC as to the establishment of a CDD on the property

3877identified in the petition. In this case, the Board of County

3888Comm issioners of Lee County, Florida, adopted a resolution

3897supporting the establishment of the District on January 27,

39062004. The Board of City Commissioners of Fort Myers, Florida,

3916opted not to hold a public hearing or adopt a resolution

3927regarding the establi shment of the District.

393444. Section 190.005(1)(d), Florida Statutes (2003),

3940requires an ALJ to conduct a local public hearing pursuant to

3951Chapter 120, Florida Statutes. See In Re: Petition for Rule

3961Creation – Pine Island Community Development District , Case No.

397003 - 3892, 2004 WL 112814, at *8 n.1 (DOAH Jan. 22, 2004). “The

3984hearing shall include oral and written comments on the petition

3994pertinent to the factors specified in paragraph (e).” Section

4003190.005(1)(d), Florida Statutes (2003), requires the petitione r

4011to publish notice of the local public hearing in a newspaper at

4023least once a week for the four successive weeks immediately

4033prior to the hearing.

4037B. Factors by Law to be Considered for Granting or Denying

4048Petition

404945. Pursuant to Section 190.005(1)(e), Flor ida Statutes

4057(2003), the FLWAC shall consider the entire record of the local

4068hearing, the transcript of the hearing, any resolutions adopted

4077by local general - purpose governments as provided in paragraph

4087(c) and the following factors to make a determination to grant

4098or deny a petition for establishment of a CDD:

41071. Whether all statements contained within the

4114petition have been found to be true and correct.

41232. Whether the establishment of the district is

4131inconsistent with any applicable element or portion of the state

4141comprehensive plan or of the effective local government

4149comprehensive plan.

41513. Whether the area of land within the district is of

4162sufficient size, is sufficiently compact, and is sufficiently

4170contiguous to be developable as one functional interrelated

4178community.

41794. Whether the district is the best alternative

4187available for delivering community development services and

4194facilities to the area that will be served by the district.

42055. Whether the community development services and

4212facilities to be provided by th e district will be incompatible

4223with the capacity and uses of existing local and regional

4233community development services and facilities.

42386. Whether the area that will be served by the

4248district is amenable to separate special - district government.

4257COMPARISON O F INFORMATION IN RECORD TO APPLICABLE LAW

4266A. Procedural Requirements

426946. The evidence was that Petitioner satisfied the

4277procedural requirements for the establishment of the District on

4286the proposed property by filing the Petition in the proper form

4297and with the required attachments, paying the $15,000 filing fee

4308to each local government, and publishing statutory notice of the

4318local public hearing.

4321B. Six Factors of Section 190.005(1)(e)1 - 6, Florida

4330Statutes (2003)

433247. The evidence was that the statements in the P etition

4343and its attachments, as amended, are true and correct.

435248. The evidence was that establishment of the District is

4362not inconsistent with the State and City of Fort Myers

4372Comprehensive Plans.

437449. The evidence was that the size, compactness and

4383contiguity o f the land proposed to be included within the

4394District are sufficient for it to be developed as “one

4404functional interrelated community.”

440750. The evidence was that the District is the best

4417available alternative available for delivering community

4423development se rvices and facilities to the area that will be

4434served by the District.

443851. The evidence was that the services and facilities to

4448be provided by the District will be compatible with the capacity

4459and uses of existing local and regional community development

4468serv ices and facilities.

447252. The evidence was that the area proposed to be served

4483by the District is amenable to separate special - district

4493government.

4494CONCLUSION

4495Section 190.005(1)(e), Florida Statutes (2003), states that

4502the FLWAC “shall consider the entire r ecord of the local

4513hearing, the transcript of the hearing, resolutions adopted by

4522local general - purpose governments,” and the factors listed in

4533that subparagraph. Based on the record evidence, the Petition,

4542as amended, appears to meet all statutory requir ements, and

4552there appears to be no reason not to grant the Petition, as

4564amended, and establish the proposed Arborwood Community

4571Development District by rule. For purposes of drafting such a

4581rule, a metes and bounds description of the proposed Arborwood

4591Co mmunity Development District may be found as Hearing Exhibit

4601H, which revises Petition Exhibit 2. Also, the five persons

4611designated to serve as the initial members of the Board of

4622Supervisors of the Arborwood Community Development District are

4630identified in paragraph 5 of the Petition.

4637DONE AND ENTERED this 24th day of February, 2004, in

4647Tallahassee, Leon County, Florida.

4651S

4652__________________________________

4653Charles A. Stampelos

4656Administrat ive Law Judge

4660Division of Administrative Hearings

4664The DeSoto Building

46671230 Apalachee Parkway

4670Tallahassee, Florida 32399 - 3060

4675(850) 488 - 9675 SUNCOM 278 - 9675

4683Fax Filing (850) 921 - 6847

4689www.doah.state.fl.us

4690Filed with the Clerk of the

4696Division of Administrative Hearings

4700this 24th day of February, 2004.

4706COPIES FURNISHED :

4709Michael P. Hansen, Secretary

4713Florida Land and Water Adjudicatory Commission

4719The Capitol, Room 2105

4723Tallahassee, Florida 32399 - 0001

4728Barbara Leighty, Clerk

4731Growth M anagement and Strategic Planning

4737The Capitol, Room 2105

4741Tallahassee, Florida 32399 - 0001

4746Raquel A. Rodriguez, General Counsel

4751Office of the Governor

4755The Capitol, Room 209

4759Tallahassee, Florida 32399 - 0001

4764Jonathan T. Johnson, Esquire

4768Hopping Green & Sams , P.A.

4773123 South Calhoun Street

4777Tallahassee, Florida 32301

4780Heidi Hughes, General Counsel

4784Department of Community Affairs

47882555 Shumard Oak Boulevard

4792Tallahassee, Florida 32399 - 2100

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Date
Proceedings
PDF:
Date: 02/24/2004
Proceedings: Recommended Order
PDF:
Date: 02/24/2004
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 02/24/2004
Proceedings: Administrative Law Judge`s Report to the Florida Land Water Adjudicatory Commission. CASE CLOSED.
PDF:
Date: 02/12/2004
Proceedings: Petitioner`s Notice of Filing of Proposed Report of Findings and Conclusions filed.
Date: 02/11/2004
Proceedings: Transcript filed.
Date: 01/29/2004
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 01/22/2004
Proceedings: Petitioner`s Notice of Filing of Pre-filed Direct Testimony filed.
PDF:
Date: 11/17/2003
Proceedings: Notice of Hearing (hearing set for January 29, 2004; 1:00 p.m.; Dade City, FL).
PDF:
Date: 11/13/2003
Proceedings: Petitioner`s Response to the Initial Order filed.
PDF:
Date: 11/07/2003
Proceedings: Initial Order.
PDF:
Date: 11/05/2003
Proceedings: Statement of Estimated Regulatory Costs for Connerton West Community Development District filed.
PDF:
Date: 11/05/2003
Proceedings: Petition to Establish the Connerton West Community Development District filed.
PDF:
Date: 11/05/2003
Proceedings: Agency referral filed.

Case Information

Judge:
CHARLES A. STAMPELOS
Date Filed:
11/05/2003
Date Assignment:
11/07/2003
Last Docket Entry:
02/24/2004
Location:
Dade City, Florida
District:
Middle
Agency:
Office of the Governor
 

Counsels

Related Florida Statute(s) (2):