LAND EXCAVATION OPERATING PERMIT AND CONDITIONAL USE (CONSENT) - Sandhill Flats, LLC - Land Excavation Operating Permit to Allow Approximately 500,000 Cubic Yards of Soil to be Excavated and Exported from the Site on Approximately 30.0 Acres of the overall 59.10 Acres - On the South Side of Tyndall Road, Approximately ¾ Mile West of the intersection of Tyndall Road and Curley Road. Memorandum PDD20-CU26
What the county recorded
Staff recommendation
Approval with Conditions
DispositionApproved
Approved Staff's recommendation by roll call vote.
The source document
The county’s agenda for Board of County Commissioners, Jun 2, 2020
The published PDF, as served by the county. This item is one entry in it.
The county’s minutes for Board of County Commissioners, Jun 2, 2020
The published PDF, as served by the county. This item is one entry in it.
What was said
Machine transcription of 25m of recording, with speaker names inferred from voice matching. 76% of 96 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Yes, item P seven was published in the Tampa Bay Times april fifteenth, twenty twenty, and by affidavit by certified mail ads and posting at the site. I'll
make
the pull.
P seven will be presented by Will Poon.
Uh good afternoon, Commissioner. This is Will Pen, PE Senior Engineer in Current Planning. I do have a uh PowerPoint presentation. If that could be pulled up for me, I'd appreciate it. Thank you very much. Uh item MP7 is uh Sand Hill Flats LLC. It's a uh conditional use land excavation operation permit application. Location of the site is on the south side of Tyndall Road, approximately three
quarters of a mile west of the intersection of Tyndall Road and Curley Road. Slide please. And as I mentioned earlier, Sandwich Flats, land excavation operation permit to allow approximately five hundred thousand cubic yards of soil to be excavated and exported from the site on approximately thirty acres of the overall fifty-nine point one acres. Next slide. And it is in zoning and future land use of agriculture and resist three feature land use. Next
slide, please. And I'll summarize this, but uh as I mentioned earlier it's a land excavation permit, uh safety reasons, you know, the entire project will be
We're tracking in and out gravel beds to minimize offset impacts. Gates will be located strategically as determined by the engineer in the field. Yeah, phase project, phase one and a phase two um on the excavation of the material. off site dewaring discharges are proposed and or allowed. And approximately the project will take twenty-four months um of the operation since uh Wednesday starts. And of course it'll
be dependent on the film material. demands within the area. And then of course it will be stabilized when it's restored and so forth. uh in the areas around the excavated areas. Next slide, please.
Next slide. All right, similar like I was saying earlier, this is within the Connecticut City boundary limits. It's in flood zone X. Uh the existing road that will be utilized is the Tyndall Road, twenty foot wide. Road within the fifty-six feet of County Ride of Wesley Land use is rest three. Uh there was a neighborhood virtual meeting that was held due to the COVID-19 situation. So the neighborhood meeting was held virtually. Uh by the applicant
and the owner. Uh to the nearby citizens. Yeah, it's in compliance with Four Four point two operating permits, landing submission permit. Next slide, please.
As I mentioned earlier, in compliance with the code and on a comprehensive plan is as cons c is con consistent as conditioned. Next slide please. Here's a map or site plan of the excavated areas. Like I said earlier, it's in two phases. The uh
The first phase, as it slowly graduates, gets excavated further throughout the process. Phase two is the outer limits as shown in the blue-colored areas. Next slide, please. So based on our review, Plan Development Department recommends approved Reconditioned as noted. Any questions?
Any questions, the board? Any questions? All right. Is the applicant on the line?
Yes, Mr. Chairman Joel two for the applicant.
Go ahead, sir.
Thank you, Mr. Chairman. Ladies and gentlemen, I joeled to Twin Associates, Palm Harbor, Florida, land use counsel for the applicant, and I have been sworn. The applicant is Sandhill Mix LLC, which is owned by Mr. J.D. Porter and Mr. Justin Grace. We submitted and procured our Swift MUD permit over a year ago for this excavation permit. So we understand that we have to meet all of the Swift MUD permit conditions and the property owners will make sure their pit operator does
so. Uh as you just heard we have a staff staff recommendation for approval. The staff requested 31 conditions of approval, which I believe are pretty standard from the staff and county policy for all borrow bits. We did not negotiate or quibble with any of those. We agreed to all 31 without any requested changes and we're happy to do so. And the property owners commit that they will make certain their pit operator complies with them. I intend to attach those conditions to the contract
for the PIT operator so that they have no choice but to comply, and of course, code enforcement will help ensure that they comply with all of those conditions. The Planning Commission represented unanimous approval of this. I did conduct as as Mr. Poon stated, I conducted the neighborhood meeting as a virtual process as per the policy that was provided to me by the staff. I did speak with Mr. Govro, who owns the property immediately to the west across
Govro Road. He had no objection. And I spoke with Mr. Grove, who is the president of the King Lake Club. They own the property contiguous to our south. They also had no objection. Uh there are communications with Mr. Dolan and I believe he is uh registered to speak. There were numerous emails of Mr. Dolan, which I included in that record to the Planning Commission. We did our best to respond to all of his questions and to address his comments as best we can. I do point out that Mr. Dolan's
property is not within the 500 foot radius and he also was not on the how Hall route as he lives west on Tyndall Road, west of Govro, and is not between Govro and Early Road, which will be the designated Hall Route. So the Hall route does not pass his property. Uh the conditions of approval address the hours of operation. We're in agreement with those. They address noise level controls both during the loading and hauling period and also during all other periods. So We
are obligated to comply with those noise level limits and we'll make sure operator does so. We have specific requirements for Tyndall Road maintenance. We have to post a maintenance bond with the county to ensure that our operator complies with those maintenance requirements for Tyndall Road. Requirements include fugitive dust control, which the county will dictate and control. repair of any potholes or other damage, restoration of the road condition. We have to maintain access conditions for all adjacent properties.
There are between the site and headed out to Curley for over three-fourths of that way there are no residences on either side. There are a few residences right at Curley on the north side. Yeah. We're required to post signage about the truck traffic to protect other members of the public and to alert people of the operation. We're required to do all truck stacking on site, not out on Tyndall, so we have to
make provisions internal to the site for any truck stacking before the loading process. And again, we have no access west on Tyndall, which would go past Mr. Dolan's property. Most importantly due to the connected city approvals which you're aware of Uh there is already a requirement for Tyndall Road to be permanently improved to County Standard. That is already in the construction plan view process by Metro related to the Efferson CC MPUD,
which I also processed as you know up a year or so ago. So the good news is that the plan of the owners, obviously, when we get past the COVID Situation is to get this pit operating, uh, all of the connected city development that you have underway, all of the VOPH development that we're now getting very uh strong activity and interest in. Uh that site development obviously requires fill dirt. So while we understand it is an unnecess it is a necessary
inconvenience for those who are most directly impacted. And my clients commit to try to make that inconvenience as short as possible. If the demand is there, they are totally incentivized to wrap this up as quickly as possible. We hope it is only just a few short months. Your standard period for the conditional use is two years. We hope to be out of there before then. And then this road will actually be permanently improved by Metro at under the Connected City program at No calls from any of the residents, no P VAS to
us to be able to get a permit. Uh and unfortunately as I stated you can't develop those connected city and VOP properties without field dirt. We can't build the roadways that are required there without field dirt. And we actually believe that this dirt will be used right there in the immediate area for connected city VOPH and the roadways that have to be improved under those financial plans. So with that said, we urge you to approve this. I would like to just have a moment of rebuttal if required
uh after any public member speaks. Uh and I'm happy to answer any questions. I believe I also have J D and Justin on the call and our civil engineer, John Landon, and also our traffic control, Mr Steve Henry for him.
Thank you. Do we have any questions from the commissioners at this time? Well, we'll have to. It's i it's up to you. You can you can ask questions of the applicant now if you'd like.
Any questions for the applicant? I just have a statement. Um this is in my district. I I've talked Mr. Dolan I've talked to Speak too.
neighbors in that area that this would affect. And restrictions that are put on there by staff, I think, are very well uh put. We will Make sure that they abide by those restrictions and they can only travel to the east, which doesn't affect peop persons that live to the west. Okay, no. Um I bank the tender road is to be Uh they have your term to do this, but I think general road is placed there
to Yeah. Bay uh in a like a year from now. Um It happened. wishes to do this as quickly as possible. So they won't be running those trucks on on new paved road when that happens, so I think they have up to two years protect restrictions and and the whereabouts to l Very quick where it doesn't affect the people for very long. I think it's very good. Thank you.
Okay. Thank you, Commissioner Oakley. Seeing that we do have people that signed up for public com, Madam Clerk.
signed up um public comment is definitely helpful as well. First.
Yeah, that's true.
Ma'am, have you informed? Yeah. Map part.
Yes, Ms. Pasco. Do you so do you swear or affirm the testimony you're about to give is the truth, so help you God. Yeah. Thank you.
Over to next, Madam. Thank you.
Um Mr. Tim Dolan.
Yeah. Sorry. Mr. Dorothy?
Yeah.
Please take your address and start your comment.
Okay, I'm in Burger Bay. Yes, sir. Oh, okay. So uh my address is [address removed]. Um, I'm on the phone to take to speak to agenda item P seven to propose Sand Hill Flats Barbara Pit or Dirt Mine, as we like to refer to it, off of Penny for Governor Rip. The virtual COVID-19 meeting process put in place by the county resulted in the cancellation of the public neighborhood meeting for this project, substituting instead just a quiet mailing to four adjacent but absentee property owners who obviously do not share
the concerns that those of us who physically reside here do. Dope. There was no virtual meeting. public meeting per se. There was just that mailing. Even so, at least one of those adjacent property owners, Mr. Luke Gutrow, has written to you now in a reversal of his original position to add his voice to the many who oppose this project. But for the many of us that plan to attend the neighborhood meeting, we were left with no voice and or not even visibility to the progress of this project through the county
approval process. It was off of our radar and consequently our voices were muted. Those of us living on Tyndall, a substandard road, believe and with good reason, that the dump truck traffic generated from this project, which is permitted to operate 12 hours each day, six days a week for up to two years, will create extremely dangerous and possibly hazardous conditions on Tyndall Road. Not a single resident who physically resides on Tendle is unopposed to this project. Anyone who lives on this road is fully aware of how fragile. How even normal traffic
rapidly degrades it in the best of weather. We all know the mud pit that it becomes during heavy rains and the washboard dust bowl that it is during the dry months. And we know how spotty the county maintenance is on it. Now imagine the impact to the road of thirty-five thousand. Dump truck round trips required to move the estimated five hundred thousand cubic yards of dirt from this mine. Imagine if emergency vehicles cannot easily traverse this road due to the damage. Lives and property are unnecessarily
at risk from this project. We have recently been through the same thing on a much smaller scale with the Metro Ripe excavation of January-February. That excavation on property adjacent to the Pros Borrow Pit saw Tendall Road seriously degraded. There were loud dump trucks stacked up all day long on Tyndall, idling, belching, not just fumes waiting to get out onto Curley. The county appeared to do little or nothing to repair the extensive damage on the Tendle and nothing to mitigate the dust in spite of calls from several residents, including myself. It's
just common sense to state there is no way to mitigate in real time the ongoing damage from a continuous stream of dump trucks. We have many other valid concerns, well researched, which I'd like to articulate to you, but being granted only three minutes to speak on this, in spite of my request for an additional three minutes, due to the fact that I speak for many, means I cannot, which works in favor of favor of the developer of course. So I would like to even be allowed to have the opportunity to do a rebuttal to the rebuttal, as Mr. Q has uh
asked. But look, none of you would want this in your backyard ruining your road and in danger. Pardon?
Madam Madam Clerk.
The final person that has called in is Mr. Mark Stober.
Please state your name and address for the record and also if you have been sworn.
Hi, my name is Mark Stober, address [address removed].
Have you
been sworn?
No.
Mr. Stober, do you swear or affirm the testimony you're about to give is the truth? So help you God.
Yeah.
So you've been swapped mostly.
Go ahead. I couldn't I couldn't. I'm sorry. Okay. Uh I I uh I'm a homeowner of approximately twelve years at uh My Jumble Road Home. which is to the west of the proposed Sandhill Flats borrow pit, which is agenda item P7 and the item I wish to speak about. I do have concerns regarding the plan for the pit. I did speak to Commissioner Oakley yesterday and he allayed some of my fears by explaining the conditions that are part of the proposed approval. Those conditions as I understand
it including prohibiting dump trucks from traveling west on Tyndall as well as requiring the company to maintain the approximately Three quarters of a mile of roadway running east to Curley Road. However, these conditions still concern me. Uh for one, the homeowners to the east of me still have to contend with the procession of dump trucks, but primarily my concern is for how the company can possibly maintain the road as it exists today during the rainy season. Tyndall as a completely unpaved and unimproved dirt road already turns
into an absolute mud pit during periods of heavy rain that we inevitably experience every year, and that's without heavy truck. There's no way the company would be able to maintain that road during these periods unless they substantially improve the road by either paving it, laying down a considerable amount of lime rock or stone to elevate the roadbed. Unless they do that to keep the road passable means they'll have to suspend operations at the whim of the weather at times during the rainy season, and I don't believe they'll do that. Therefore um the right condition to
place on Sand Hill Flat if this project is to be approved is to require them not only to maintain but to truly improve the road between the project and curly. by paving or substantially upgrading the roadbed before they begin the project. Without that, there's no chance the road will be able to be maintained during periods of the rainy season. And if there's any question about that, I encourage the commission to put the plan on hold and consult with Pasco County Road Department, who is currently tasked with maintaining Tyndall. I do believe that
they will cons concur with my assessment.
Thank you. So Madam Clerk, that was the last person we have on the line, if I'm not correct.
That is correct and we have emails.
Okay. Go ahead, please.
And there are four emails. The first emails, the first email is from Christopher Abadi, resides at [address removed]. I oppose the borough pit excavation to be conducted off of Tyndall Road by Sand Hill Flats LLC. I have lived on Tyndall Road for 24 years in peace and quiet. I don't want the borough pit in our Neighborhood. There is no benefit for the residents to live here as this will do, as
all this will do is destroy our environment, the wildlife, King Lake, our wells, and our road on the road we travel on every day. Our quality of life is in jeopardy. I moved here from Tampa to get away from what you all are approving without any regard to the family. As you force upon it. I'm sorry, on the families you force this on. Sincerely for a body. The second email is from Ernest B. Black. These
address is pending. Okay, size at I'm sorry, [address removed]. Since 2008, I feel this burrow pit will be a problem for all residents due to the safety factors, dump trucks, running the road for people living here. Also, the fact of property values plunding. Will this affect the water table in this area for all of us who have wells? This just seems like a bad idea for all of us living here.
The almighty dollar seems to have got this count. No consideration for the residents. Ernest D. Black.
Third email is from Lou. And I don't know how to pronounce the last name, G-O-V-R-E-A-U resides at [address removed].
For the June second, twenty twenty BCC meeting. The land excavation operation permit for conditional use sand holds flat LC the following email is to be read aloud. I own property at
Um the road is name is spelled G-O-V-R-E-A-U road directly west of the proposed borough pits site and Am opposed to the project. I'm concerned the project will adversely affect the value of my property and may affect the availability and quality of well water for landowners in the surrounding area. Additionally, I do not think Tyndall Road is capable of handling the heavy dump truck traffic such a project will produce. Hello? And then last name G B R A That's
the new. is from Dewey Atkinson, resident [address removed]. I am strongly opposed to the Sand Hill Flats Burrow Pit Project. Not only will this ruin our road with 35,000 dump truck tricks,
But I am real but I am really concerned about the digging that will take place on Tyndall Road. First of all, there is already a lake in this area digging. A new one will
Digging a new one, will this take away the water level that is already that is there already? Second, about the port being
removed,
is this only because of running low on funds that the group Doing this is just saying is just saying saving money and that landowners around here have to pay for every one green to it. Are they trying to dry up the existing water drainage in the area? And what are the plans to protect it in case the advocacy?
emails asking credit to the record.
Thank you. Um anything from the commission at this time? Any questions for the commission? Saying none. Want to get a motion?
Well Sister Two not going to rebut.
Why?
I thought it wanted to speak
again.
Go ahead and issues they brought up about wells and things of that nature can be answered and the fact that Swift my permit. Only required dig twenty five feet no more, which will not affect wells and things that Uh and they have very good restrictions on maintenance of the road. Mm. And the care of that during that time and the fact that they had to move to the east. So with that, I would like to make a motion that we approve.
Second, Jack Mariano.
I was second by Commissioner Mariano. Madam Clerk, please call the roll.
District one, Commissioner Oakley.
Aye.
District three, Commissioner Starkey.
Aye.
District four, Commissioner Weightman. District five, Commissioner Mariano.
Hi.
Strict two, Chairman More.
Aye, motion passes five zero. Thank you. That is P7. And I have been asked before we go to P eight by the County Administrator to bring one thing up to the board on that was referenced to Uh P one. And we need some clarification if I could get some consensus from the entire board. Um, you said they're good with the 9-1 date that was discussed. And we just need clarification that this was for both the increase and decrease. Um the Planning Commission recommendation, they had split