156866, 42RR-1.002 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 156866

Notice of Proposed Rule

Department:

FLORIDA LAND AND WATER ADJUDICATORY COMMISSION

Division:

Arborwood Community Development District

Chapter:

ARBORWOOD COMMUNITY DEVELOPMENT DISTRICT

Overview

RULE:

42RR-1.002

Boundary

PURPOSE:

The purpose of this proposed rule amendment is to expand the boundaries of the Arborwood Community Development District (“CDD”), pursuant to Chapter 190, F.S.

SUMMARY:

The Petition was filed by the Arborwood Community Development District with its registered office located at 123 South Calhoun Street, Tallahassee, Florida 32301. The Petition proposes to amend the land area presently serviced by the District by adding approximately 12.28 acres. The District currently covers approximately 2,466.85 acres of land and after expansion the District will encompass approximately 2,479.13 acres. Approximately 4.74 acres of the expansion parcel is owned by Lee County and is right-of-way for Treeline Avenue. The remaining 7.54 acres of the expansion parcel is currently owned by Worthington Holdings Southwest, LLC, and consists of developable land. Petitioner has obtained consent to include the 7.54 acres expansion parcel within the boundary of the District from the current owner, Worthington Holdings Southwest, LLC. As to the consent to include the 4.74 acres expansion parcel owned by Lee County, the Petitioner is not required to obtain the consent of Lee County. Lee County is a governmental entity and therefore not included within the definition of landowner. However, the Petitioner has notified Lee County of its intent to expand the boundaries of the District. On June 14, 2005, Lee County adopted Resolution 05-06-14 supporting the amendment of the boundary of the District. Pursuant to section 190.046(1)(e), F. S., the filing of the Petition for expansion by the District Board of Supervisors constitutes consent of the landowners within the District. On June 6, 2005, the City of Fort Myers adopted Resolution 2005-28 supporting the petition to amend the District’s boundary.

RULEMAKING AUTHORITY:

190.005 FS., 190.046 FS.

LAW:

190.004 FS., 190.005 FS., 190.046 FS. History–New 6-14-04, Amended __________.

PRINT PUBLISH DATE:

2/24/2006 Vol. 32/08

COMMENTS:

From 2/24/2006 To 3/17/2006 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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