☐ Consent Agenda ☒Quasi-Judicial Public Hearing
☐ Regular Business 5:30 pm
☐ Public Hearing Resolution
DEPARTMENT: Planning & Zoning
SUBMITTED BY: Laura McClelland
PRESENTED BY: Misty Servia
TITLE & DESCRIPTION:
title
Resolution / Southwest Land Developers (DeSoto Sand & Fill) VAR-0004-2025
body
REQUESTED MOTION:
A motion to approve/deny the request for multiple variances for DeSoto Sand & Fill.
SUMMARY:
An application for a Special Exception was received in the Development Department on November 6, 2023. The applicant was cited by Code Enforcement on June 25, 2024. However, the applicant has proposed improvements that are inconsistent with the current LDRs. Southwest Land Developers, the property owner, and Morris Engineering & Consulting, LLC, the agent, have proposed variances which would allow the resumption of excavation operations at the subject property, which has an expired site plan/permit
The applicant has requested a variance to allow an existing, now non-conforming, 95.92-acre Type IV excavation site to add an additional excavation area. The existing excavation does not meet the required setbacks in Section 20-1007 of the LDR and has requested variances for these setbacks in addition to requesting variances from other requirements in Section 20-1007. The list of variances requested for the site is as follows:
• Sec. 20-998(d)(1)d - General provisions; Applicability/exemptions; Special exception maximum (Type IV application)
• Sec. 20-1007(b) - Excavation setbacks
• Sec. 20-1007(j) - Maximum size
• Sec. 20-1007(n) - Road improvements
• Sec. 20-1007(h) - Entrance/access improvements
The applicant provided a Narrative citing specific regulations in the LDRs and justifications for the variance request.
BACKGROUND:
The Narrative provides some history of the excavation operation, which began in 2004 with all required local and State permits in place. Additional research shows that Excavation Permit 2004-02 was approved on April 27, 2004, for a 4-acre excavation on 134.2 acres. It appears portions of the 2004 parcel were later sold, as the same parcel ID with a size of 95.92 acres received Excavation Permit approval (EP 2006-16) on January 23, 2007, for a 51-acre excavation area. The staff report for EP 2006-16 indicated that a 50’ setback along the perimeter of the site was required, with few homes adjacent to the project’s boundaries and existing excavation pits to the north and south. The staff report recommended 23 conditions of approval, which were approved as presented and amended at the 2004 Board of County Commissioners hearing.
An 18-month time extension for EP 2006-16 was granted on October 25, 2011, extending the permit expiration date from January 23, 2012 to July 23, 2013. However, a letter dated October 5, 2011 from the DeSoto County attorney states that Section 79, Ch. 2011-139 Laws of Florida automatically extends permit EP 2006-16 for 2 years and the new expiration date is January 23, 2014.
The Narrative submitted by the applicant states that “unbeknownst to the applicant, the existing County Excavation Permit expired. This was learned when the applicant applied for a permit modification (USE-0153-2023 and USE-0154-2023) on November 6, 2023 to add an additional five (5) foot depth to the existing excavation area. As a result, the applicant immediately applied for Excavation Permits with DeSoto County. However, during the course of the development’s operation, the Land Development Regulations for DeSoto County were modified. These modifications were inconsistent with the ongoing excavation operations as well as the requested continuation of operation for the development in conjunction with their engineering plans and existing Southwest Florida Water Management District permits.”
Further communication with the applicant indicates the site was operating in accordance with their permits until their County permit lapsed and they were issued a stop work order by DeSoto County. County Code Enforcement states they were issued a Notice to Correct on 6/25/24 with a cease and desist (C&D).