Lighthouse Zoning Challenge filed With Florida Division of Administrative Hearings by Edward Ruben Anderson: IN HAEC VERBA

Filed March 23, 2015 8:00 AM Division of Administrative Hearings


Claudia Lladó
Clerk of the Division
Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675
Dear Ms. Llado,
My name is Edward Ruben Anderson, and I am requesting a review (Florida Statute 120.56 Challenges to Rules) of the City of St. Augustine approval of an application to amend the Future Land Use Map for 81 Lighthouse Ave. St. Augustine FL 32080
My wife and I are property owners in the City of St. Augustine, FL. I recently spoke at 5 city meetings, (i.e. City Planning and Zoning; City Commission meetings) regarding the re-zoning of 81 Lighthouse Ave., St. Augustine, FL 32080. The property (which includes the actual St. Augustine Lighthouse) was purchased from St. John's County and is now privately owned within a Residential Low Density neighborhood.
The purchase required a zoning reassignment from Government Use to a conforming zoning distinction of the applicant's choice. The applicant, St. Augustine Lighthouse and Museum, chose Maritime Use District which also required an amendment to the Comprehensive Use Plan and Future Land Use Map from Recreation Open Space to Residential Medium Density/Mixed Use.
I believe this invokes the Florida Growth Management Act of 1985 and requires that the City of St. Augustine provide for the minimum requirements of public health and safety to the adjacent residential neighborhood concurrently with the development of the applicant's development.
The surrounding neighborhood, referred to as "Lighthouse Park Neighborhood" and “Carver Subdivision”, is a small, residential neighborhood on the Salt Run Bay and the majority of the properties, including ours, are still on septic tanks. Previously, the City of St. Augustine's public works director stated that the city sewer transport lift stations are at capacity and the City of St. Augustine is not accepting applications from existing residences for sewer access. Additionally, there are no sidewalks on the narrow streets (13ft.-16ft.), few traffic controls, and little storm-water management capacity. In short, the city has no intention of developing the existing infrastructure and related community services, nor do they (or the private “not-for-profit” corporation which now owns the property) have the funds to do so. The current baseline assessment for the city shows that the city has 140 million dollars in deficiencies for the basic city services of roads, sewer, water, and storm water management.
Now that the legislative action and quasi-judicial hearing are complete and the City of St. Augustine has amended the Future Land Use Map to a distinction of higher density and increased intensity of use, I am requesting a review of the process by the State of Florida as this appears to me to have been pushed through without the funds to pay for the infrastructure which is contrary to the intent of the Growth Management Act of 1985. The adverse effects of this decision being that my family, and adjacent residential community, will by paying for the basic public services of sanitary sewer for 81 Lighthouse Ave., St. Augustine FL 32080, which I, and the majority of my neighborhood, do not have access to.
I have included a timeline of the public City of St. Augustine meetings with a short personal note and links to the City of St. Augustine website which provide for the testimonies of the proceedings:
August 5th, 2014 Planning and Zoning Meeting Item 8C # 2014-0068
NOTE: (Initial confusion as to whether or not I would be allowed to speak. Continuance filed by applicant)
To amend the future land use designation from Residential Low Density to Residential Medium Density and to rezone the property from Residential Single family-two (RS-2) to Residential General one (RG-1).
(c) 2014-0068 Susan S. Bloodworth – Applicant McClure Bloodworth, P.L.
St. Augustine Lighthouse and Museum - Owner 81 Lighthouse Avenue
To rezone the property from Government Use (GU) to Maritime Use District (MUD) in association with the transfer of this property from public to private ownership.
http://staugustinefl.swagit.com/play/08052014-658

January 6th, 2015 Planning and Zoning Meeting Item 11C # 2014-0143
NOTE: (Application revised approximately 10 minutes before the meeting, approved for recommendation to the City Commission)
2014-0143
McClure Bloodworth, P.L. – Applicant
St. Augustine Lighthouse & Museum, Inc. - Owner 81 Lighthouse Avenue
To amend the Future Land Use Map from Recreation and Open Space to Residential Medium Density/Mixed Use and Rezone the property from Government Use (GU) to Marine Use District (MUD) to allow for the Lighthouse complex including a text amendment to the Future Land Use map recognizing the height of the lighthouse.
http://staugustinefl.swagit.com/play/01062015-559
January 26th, 2015 City Commission Meeting Item 9A # 2015-03 and # 2015-04 NOTE: (No public comment allowed, unanimous vote to continue to second reading)
1a. Consideration of Ordinance 2015-03, amending the Comprehensive Plan, Future Land Use Map to reclassify a parcel of land containing approximately 4.6 acres and located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Recreation and Open Space to Residential Medium Density Mixed Use (with map notations). D. Birchim, Dir., Planning & Building
1b. Consideration of Ordinance 2015-04, amending the zoning for the property located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Government Use (GU) to Maritime Use District (MUD). D. Birchim, Dir., Planning & Building
http://staugustinefl.swagit.com/play/01262015-750
February 9th, 2015 City Commission Meeting Item 9A #2015-03 and #2015-04

NOTE: (Public comment presented before the revised applicant’s presentation, continuance for a third City Commission Meeting)
81 Lighthouse Avenue:
1. Public Hearing-Ordinance 2015-03, amending the Comprehensive Plan, Future Land Use Map to reclassify a parcel of land containing approximately 4.6 acres and located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Recreation and Open Space to Residential Medium Density Mixed Use (with map notations). D. Birchim, Dir., Planning & Building
2. Public Hearing-Ordinance 2015-04, amending the zoning for the property located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Government Use (GU) to Maritime Use District (MUD). D. Birchim, Dir., Planning & Building
http://staugustinefl.swagit.com/play/02092015-696
March 9th, 2015 City Commission Meeting Item 8B #2015-03 and 2015-04
NOTE: (Size of lot disclosed to be approximately 6.5 acres, not 4.6 acres. Unanimous vote to approve application by City Commission)
1a. Public Hearing-Ordinance 2015-03, amending the Comprehensive Plan, Future Land Use Map to reclassify a parcel of land containing approximately 4.6 acres and located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Recreation and Open Space to Residential Medium Density Mixed Use (with map notations). D. Birchim, Dir., Planning & Building
1b. Public Hearing-Ordinance 2015-04, amending the zoning for the property located at the northeast corner of the intersections of Carver Street, Anastasia Avenue and Red Cox Drive, excluding the St. Augustine Lighthouse Tennis Courts, from Government Use (GU) to Maritime Use District (MUD). D. Birchim, Dir., Planning & Building
http://staugustinefl.swagit.com/play/03092015-721

In summary, I, Edward Ruben Anderson, do not feel as though the requirements were met to amend the State Adopted Future Land Use Map and I am requesting a review of the process per Florida Statute 120.56 “Challenges to Rules” for non-compliance with the Growth Management Act of 1985.

Edward Ruben Anderson
60 Magnolia Drive
St. Augustine FL 32080
(904) 547-1006 Rubenanderson904@yahoo.com