03-004166
In Re: Petition For Rule Creation - Connerton West Community Development District vs.
*
Status: Closed
Recommended Order on Tuesday, February 24, 2004.
Recommended Order on Tuesday, February 24, 2004.
1STATE OF FLORDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8IN RE: PETITION FOR RULE )
14CREATION ARBORWOOD ) Case No. 03 - 4609
23COMMUNITY DEVELOPMENT )
26DISTRICT )
28ADMINISTRATIVE LAW JUDGES 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. OSteen, 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 ALJs 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 Citys 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 Districts 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 Citys 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 Districts 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
3663demonstrating 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
- Date
- Proceedings
- 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: 11/05/2003
- Proceedings: Statement of Estimated Regulatory Costs for Connerton West Community Development District 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
-
Stewart Gibbons
Address of Record -
Heidi M. Hughes, Esquire
Address of Record -
Jonathan T. Johnson, Esquire
Address of Record