FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
AGENDA

May 21, 2002

1. Approval of the minutes of the meeting held February 12, 2002.

2. Consideration of a Petition to Rename and Amend the Boundaries the Gateway
Services District located in Lee County. Petitioner: Gateway Services District (FLWAC Case No. CDD-01-003).

On October 31, 2001, the Gateway Services District (District) submitted a petition to change the name of the District to the Gateway Services Community Development District and amend its boundaries pursuant to Chapter 190, F.S. The proposed name change of the District is requested to make clear the status of the District as a uniform community development district. The petition proposes to add four parcels of land comprising approximately 150 acres (the expansion parcel) to the existing Gateway Services District boundaries. After the District was initially formed, the landowner/developers purchased additional property that they now wish to have included within the District's boundaries. After contraction, the District will consist of approximately 5,474 acres. Three of the expansion parcels (124.79 acres) are located wholly within the City of Fort Myers and the remaining expansion parcel (25 acres) is located within the boundaries of unincorporated Lee County. The expanded area is planned to contain approximately 141 residential units (single family, villas and condominiums), and a small commercial area. No real property within the proposed expanded District boundaries will be excluded from the jurisdiction of the District. The filing of the expansion petition by the Board of Supervisors of the District constitutes consent of the landowners within the District. The District has obtained the consent of the owners of 100% of the property proposed to be added to the District.

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Gateway Services District Board of Supervisors on February 11, 2002, in Ft. Myers, Florida. The Board of Supervisors submitted a Report and Conclusions to the Commission on March 15, 2002, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

Upon request of the Secretary, the Department of Community Affairs (DCA) reviewed the petition from the standpoint of its programs and responsibilities, and the requirements of section 190.005(1)(e), F.S. On February 14, 2002, the DCA submitted a letter indicating the petition is consistent with the goals, objectives and policies of Lee County's Comprehensive Plan.

Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices.

RECOMMENDATION:

Approve the proposed final rule and authorize the Secretary to file for final rule adoption.

BACK-UP:

Gateway Services District's petition received on October 31, 2001.

Gateway Services District Board of Supervisor's Report and Conclusions received on March 15, 2002.

DCA's letter received on February 14, 2002.

Proposed Final Rule.

3. Consideration of a Petition to Amend the Boundaries of the Bayside Improvement
Community Development District located in Lee County. Petitioner: Bayside Improvement Community Development District (FLWAC Case No. CDD-01-004).

On November 28, 2001, the Bayside Improvement Community Development District (CDD) submitted a petition to amend its boundaries pursuant to Chapter 190, F.S. The petition proposes to add a parcel of land that comprises approximately 72 acres (the expansion parcel) to the Bayside Improvement CDD. After the District was initially formed, the landowner/developers purchased additional property that they now wish to have included within the CDD's boundaries. The expansion parcel lies within the City of Bonita Springs in Lee County. After expansion, the Bayside Improvement CDD will consist of approximately 1,821 acres. The expansion parcel is bounded on the north and east by land serviced by the existing Bayside Improvement CDD; on the south by wetlands and the Spring Creek Estates neighborhood; and, on the west by Estero Bay. The expanded area is planned to contain approximately 179 residential units (villas and condominiums). No real property within the proposed expanded CDD boundaries will be excluded from the jurisdiction of the Bayside Improvement CDD. The filing of the expansion petition by the Board of Supervisors of the Bayside Improvement CDD constitutes consent of the landowners within the CDD. The Petitioner has obtained the consent of the owners of 100% of the property to be added to the CDD.

Pursuant to Chapter 190, F.S., a public hearing was conducted by the Bayside Improvement CDD Board of Supervisors on January 28, 2002, in Bonita Springs, Florida. The Board of Supervisors submitted a Report and Conclusions to the Commission on March 15, 2002, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S.

Pursuant to Chapter 120, F.S., notices of proposed rulemaking were published in the Florida Administrative Weekly. No public hearings were requested and no written comments were received as a result of the notices.

RECOMMENDATION:

Approve the proposed final rule and authorize the Secretary to file for final rule adoption.

BACK-UP:

Bayside Improvement CDD's petition received on November 28, 2001.

Bayside Improvement CDD Board of Supervisor's Report and Conclusions received on March 15, 2002.

Proposed Final Rule.