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FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

AGENDA

November 9, 1999

  1. Approval of the minutes of the meeting held September 28, 1999.

  2. Consideration of a Petition to establish the Brooks of Bonita Springs II Community Development District, Lee County, Petitioner: Long Bay Partners, L.L.C., (FLWAC Case No. CDD-99-002).

    On April 14, 1999, Long Bay Partners, L.L.C., submitted a petition to establish the Brooks of Bonita Springs II Community Development District (CDD), pursuant to Chapter 190, F.S. Chapter 190, F.S., provides that a community development district with the size of 1,000 acres or more, may be established by rule by the Florida Land and Water Adjudicatory Commission.

    The proposed Brooks of Bonita Springs II CDD comprises approximately 1,222.85 acres of land located within Lee County. The land is bounded on the North by Corkscrew Woodlands, Williams Road and various parcels of property; on the East by Interstate 75; on the West by Seminole Gulf Railroad and by undeveloped parcels of property west of Railroad; and on the South by the Brooks of Bonita Springs CDD established in 1998. The Brooks of Bonita Springs II CDD is planned as an upscale, fully amenitized, residential community that will act as the follow-on to the Brooks of Bonita Springs CDD. The development plan for the lands within the proposed District includes the construction of approximately 1,587 single and multi-family residential dwelling units, passive recreational areas, up to 36 holes of golf, a golf clubhouse, and a network of trails and parks.

    A public hearing was conducted by the Division of Administrative Hearings (DOAH) pursuant to Chapter 190, F.S., in Bonita Springs, Florida, on July 28, 1999. The DOAH Administrative Law Judge submitted a Report to the Commission on September 7, 1999, 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 October 28, 1999, the DCA submitted comments concluding the petition is consistent with the goals, objectives and policies of Lee County’s Comprehensive Plan. Additionally, the Southwest Florida Regional Planning Council (RPC) reviewed the petition and submitted a letter on May 27, 1999, indicating the RPC had no specific problems or concerns regarding the petition and that the RPC generally supports Uniform Community Development Districts.

    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 establishing the Brooks of Bonita Springs II Community Development District and authorize the Secretary to file for rule adoption.

BACK-UP:

Petition filed by the Long Bay Partners, L.L.C., on April 14, 1999.

Letter from the Southwest Florida Regional Planning Council received on May 27, 1999.

DOAH’s Report to the Commission received on September 7, 1999.

DCA’s letter of comment received on October 28, 1999.

Proposed Final Rule.