FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
AGENDA

October 22, 2002

1. Approval of the minutes of the meeting held September 10, 2002.

2. Consideration of a Petition to Amend the Boundaries of the Gateway Services
Community Development District located in the City of Fort Myers and Lee County. Petitioner: Gateway Services Community Development District (FLWAC Case No. CDD-02-002).

On January 31, 2002, the Gateway Services Community Development District (CDD) and Worthington Holdings, LLC, submitted a petition to amend its boundaries pursuant to Chapter 190, F.S. Four separate addendums to the petition were filed with the Commission providing additional information or clarification. The petition proposes to delete approximately 973.27 acres from the existing boundaries. After contraction, the District’s boundaries will consist of approximately 4,501 acres within the jurisdictional boundaries of the City of Fort Myers and Lee County. (At the time the petition was filed, the District was known as the “Gateway Services District” consisting of approximately 5,324 acres. However, on July 29, 2002, a rule amendment became effective expanding the District to approximately 5,474 acres and renaming the District as the “Gateway Services Community Development District.”) The proposed area to be deleted consists of three parcels generally located in the southeast portion of the City of Fort Myers, south of Colonial Boulevard and bisected by Interstate 75. The District has obtained the consent of the owners of 100% of the property proposed to be deleted from the District. The City of Fort Myers and Lee County both adopted resolutions in support of the contraction of the Gateway Services CDD.

Upon request of the Secretary, the Department of Community Affairs reviewed the petition from the standpoint of its programs and responsibilities, and the requirements of section 190.005(1)(e), F.S. On April 16, 2002, the Department submitted a letter indicating the application is consistent with the goals, objectives and policies of Lee County’s Comprehensive Plan.

Pursuant to Chapter 190, F.S., a public hearing was conducted on July 16, 2002, by the Division of Administrative Hearings (DOAH). The DOAH Administrative Law Judge submitted a Report to the Commission on August 13, 2002, making affirmative conclusions on all six factors, pursuant to section 190.005(1)(e), F.S., and recommending the Commission grant the petition to contract the Gateway Services CDD.

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 CDD’s petition received on January 31, 2002. (Includes four separate addendums.)

DCA’s comment letter dated April 16, 2002.

DOAH’s Report received on August 13, 2002.

Proposed Final Rule.