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Dade City commission approves Saint Joe No. 2 final plat despite residents' runoff concerns
Summary
Dade City commissioners approved the final plat for the Saint Joe No. 2 subdivision by a 3–2 vote despite extended public testimony that recent construction-related runoff violated local stormwater rules.
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Dade City commissioners approved the final plat for the Saint Joe No. 2 subdivision by a 3–2 roll call vote after residents urged the commission to delay action over repeated construction-related stormwater runoff.
The vote was taken after more than an hour of public comment and staff and developer testimony about temporary erosion-control failures during recent heavy rains. The measure passed with Commissioners Shive, Church and Mayor Black voting yes and Commissioner Cosentino and Mayor Pro Tem Woodard voting no.
Neighbors said runoff associated with the Summit View/Saint Joe development has occurred repeatedly during construction and that sediment, clay and debris crossed Saint Joe Road into private yards. Mary McKnight, a resident at 36210 Saint Joe Road, told the commission she has lived in the area 50 years and that she had “never seen this kind of runoff,” and that photographs presented showed conditions she said did not approximate predevelopment flows as required by the city land-development regulations, LDR 6.7 0.4. “It seems to me that the LDRs have been violated and is not in compliance,” McKnight said.
Margaret Woods, a resident at 36332 Saint Joe Road, described a May storm that she said sent about 6 inches of water across Saint Joe Road and into yards and garages. She said the development removed at least 20 feet of hill and left nearby homes downslope at greater risk. “If that water stormwater management is not done well we are all going to be having floodwaters coming into our property,” Woods said.
The applicant’s representative, Mr. Branson, acknowledged there were runoff events during construction but said the period pictured largely predated installation of sod in the roadside strips and that contractors and regulators acted quickly to address the specific failures. “That was resolved within a couple days. The sod’s in, so that should rectify that issue,” Branson told the commission, adding that site ponds are sized to capture post-development flows and that “the predevelopment flow is going to do what it does.” He said contractors and the site complied with the applicable Stormwater Pollution Prevention Plan (SWPPP) and related permits to the extent required and that regulators, including the agency noted in project records, “concur” the project complied with requirements.
City planning staff said they inspected the site after the May 4 photos were presented and confirmed that sod and other erosion-control measures had been installed. Planning staffer Ralston told the commission that Public Works Director Will Toner and she inspected the sodded areas and seeding on the lots and reported everything “was in place” by that Friday. Ralston also said the sloped lots had been seeded and hayed and that additional seed and hay had been applied adjacent to Saint Joe Road.
Commissioners and staff discussed the difference between the LDR language addressing post-development stormwater and the portion that applies while construction is underway. Commissioner Church asked whether LDR 6.7 0.4’s requirement that post-development runoff rates and pollutant loads “not exceed predevelopment conditions” also requires measures during construction; residents argued the regulation’s language about “while development is underway” supports their concern. City Attorney Brackens and staff told the commission that to deny or postpone approval of the final plat the commission would need competent, substantial evidence that the plat does not meet the specific criteria set out in the land-development regulations and in Chapter 177 of the Florida Statutes, which governs final plat review.
Several commissioners pressed staff and the applicant for concrete next steps. The commission received testimony that the city’s building official has stop-work authority for code violations and that the city can issue a stop-work order if a code violation is found and not remedied. Commissioners directed staff to increase site inspections after heavy rain events and to report back to the commission; staff indicated they would inspect the site following significant rain and that enforcement action is available if violations continue. Mr. Branson committed to place additional sod on slopes along Saint Joe Road and to work with residents to stabilize problem areas.
The formal action recorded in the meeting was the approval of the final plat for Saint Joe No. 2. The roll-call vote recorded Commissioner Shive — yes; Commissioner Church — yes; Mayor Black — yes; Commissioner Cosentino — nay; Mayor Pro Tem Woodard — nay. The commission’s decision was based on the staff report and staff testimony that the final plat met the conditions of approval; commissioners noted the record of public complaints and asked staff to remain vigilant about enforcement.
Residents said the remedies offered—sodding, extra inspections and cleanup—may not be sufficient and asked the commission to consider tabling final action until staff could demonstrate compliance with the LDRs during construction. Commissioners repeatedly emphasized the limited legal standard for denying a final plat and the need for competent substantial evidence linking the plat to specific LDR violations.
Next steps announced at the meeting included: staff follow-up inspections of the Saint Joe No. 2 site after significant rain events; staff confirmation in writing that required environmental and landscape plans (including the habitat study and the landscape plan referenced in the development order) are on file; staff monitoring of sod establishment on slopes and an offer from the applicant to add extra sod where necessary. Staff also told the commission it will enforce the code where it finds violations and may issue stop-work orders if warranted.
The commission’s approval allows the developer to proceed with the final plat process; residents and several commissioners said they expected continued oversight and, if needed, enforcement action to address runoff issues raised in public comment.
