notice of public hearing and intent to enact an ordinance establishing the saltleaf community development district

6/20/2023

notice of public hearing and intent to enact an ordinance establishing the saltleaf community development district

When: Tuesday, June 20, 2023
9:30AM


Where: Lee County Courthouse
2120 Main Street
Fort Myers, FL 33901

Notice is hereby given that the Board of County Commissioners of Lee County, Florida, will consider the enactment of one County ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapters 125 and 190, Florida Statutes. The proposed County ordinance title is as follows:

AN ORDINANCE ESTABLISHING SALTLEAF COMMUNITY DEVELOPMENT DISTRICT; PROVIDING A DISTRICT NAME; SETTING FORTH THE AUTHORITY FOR ADOPTING THE ORDINANCE; AUTHORIZING THE EXERCISE OF SPECIAL POWERS; ESTABLISHING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; ESTABLISHING THE DISTRICT'S CHARTER WILL BE GOVERNED BY FLORIDA STATUTES CHAPTER 190; PROVIDING FOR NOTICE TO SUBSEQUENT PURCHASERS; PROVIDING FOR MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; AND PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.

            There will be a public hearing held in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida. The public hearing will be held on Tuesday, June 20, 2023, at 9:30 a.m., or as soon thereafter as it can be heard.

            The purpose of this hearing is to consider a petition filed by LB Raptor Investments, LLC, on December 23, 2022, to establish a Uniform Community Development District to be known as the Saltleaf Community Development District (District) in accordance with Ch. 190, Florida Statutes.  Specifically, the Board will consider the six factors listed in Section 190.005(1)(e), Florida Statutes.  This hearing will also afford the Petitioner, affected units of local government, and the general public a fair and adequate opportunity to appear and present oral and written comments regarding the establishment of the District.

            The specific legal authority for the establishment of the District is set forth in Sections 190.004 and 190.005, Florida Statutes. If adopted, the District will be granted the power to finance, fund, plan, establish, acquire, construct or re-construct, enlarge or extend, equip, operate and maintain systems and facilities including the following basic infrastructure: water management; water supplies; sewer and wastewater management; bridges or culvert; district roads; and other projects within and outside the district boundary for which a Development Order may be issued. Additional powers for parks/recreation and security systems have also been requested pursuant to Section190.012(2)(a) and (d), Florida Statutes, to be approved concurrent with the establishment of the new District.

            The land area to be served by the District is located in unincorporated Lee County, Florida, and a portion is also located within the City of Bonita Springs, Florida.  The land is generally located east of Estero Bay, west of South Tamiami Trail and north of Coconut Road, and comprises approximately 197.36 contiguous acres. The boundaries of the properties to be serviced by the proposed Community Development District are outlined in the map depicted in this notice. There is no real property within the boundaries of the District that will be excluded from the District.

            If adopted, the Ordinance will establish a Uniform Community Development District and designate the land to be serviced by the District. A Community Development District government is a mechanism to ensure the provision of infrastructure subject to State and local regulatory requirements governing the lawful use and development of the property. Creation and establishment of a district pursuant to Ch. 190, Florida Statutes, is not a development order under Ch. 380, Florida Statutes. All planning, permitting, and other regulatory requirements pertaining to development within the land area must be in accordance with general and special law and applicable Lee County regulations. 

            An independent Statement of Estimated Regulatory Costs (SERC), prepared in accordance with the requirements of Section 120.541, Florida Statutes, determined that the categories of persons that may be affected by the economic consequences of the proposed District's establishment are: the State of Florida and its citizens, Lee County and its citizens, the Petitioner, and present and future owners of property within the areas to be serviced by the District. The SERC anticipates the costs and benefits derived from the District's establishment and operation and describes the costs and benefits in detail. 

            Copies of this Notice, the proposed Ordinance, and the Saltleaf Community Development District Petition and its documentation are on file in the Minutes Office of the Clerk of the Circuit Court of Lee County. The public may inspect or copy the Ordinance and Petition during regular business hours at the Department of Community Development or the Minutes Office. The Minutes Office is located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida. The Department of Community Development is located at 1500 Monroe Street, Fort Myers, Florida. 

            The Ordinance, if adopted by the Board at this meeting, will take effect upon its filing with the Office of the Secretary of the Florida Department of State.

This meeting is open to the public. Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings. Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.

Lee County will not discriminate against individuals on the basis of race, color, national origin, sex, age, disability, religion, income or family status. To request language interpretation, document translation or an ADA-qualified reasonable modification at no charge to the requestor, contact Joan LaGuardia, (239) 839-6038, Florida Relay Service 711, at least five business days in advance. El Condado de Lee brindará servicios de traducción sin cargo a personas con el idioma limitado del inglés.

The form and content of this Notice is in compliance with Chapters 125 and 190, Florida Statutes.

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