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Fight the dust, judge tells developer

Neighbors of a subdivision that is under construction have complained about the dust blowing off lots that aren't yet covered with seed and mulch.

By CATHERINE E. SHOICHET
Published May 9, 2006

Dust blowing off a cleared, 58-acre development site in Beverly Hills and into a neighboring subdivision is a nuisance, circuit Judge Patricia Thomas said yesterday.

Thomas did not issue a formal order, but she said the project's developer should continue with plans to cover the majority of property with seed and mulch by Friday and step up efforts to water the property.

"I respectfully think that everybody in this room should either pray or petition their higher authority for rain," Thomas said.

That, she said, would ultimately solve the dust problem plaguing residents and construction crews. In the meantime, to check up on the developer's efforts, Thomas scheduled a status hearing for noon Monday.

The 166-home High Ridge Village is slated for the site, which surrounds the Central Ridge Library off Roosevelt Boulevard. It will be national home builder Maronda Homes' first planned development in Citrus.

Crews cleared the site in January. Since then, residents of the neighboring Lakeside Village subdivision have complained of dirt and dust blowing off the site and onto their property. After receiving numerous complaints from residents of the subdivision, the county last month filed a petition seeking an emergency injunction ordering the developer to fix the problem.

Thomas' ruling came after a hearing that lasted more than two hours Monday.

Robert Stermer, an attorney representing the developer, said crews had already taken significant steps to cut down on dust. They placed sod around the perimeter of the property, behind the Central Ridge Library, covered finished lots with seed and mulch, and brought additional water trucks to the site.

But Assistant County Attorney Michele Lieberman argued that the developer had not done enough. Four residents of Lakeside Village testified that when the wind blows toward their property, dirt and dust still come with it.

Rose Bueti, who lives across the street from the development, said the blowing dust and dirt was so intense that she was forced to cover her windows with plastic to keep it from coming inside her home.

"I can't go outside to do any work or sit outside or go in my pool," she said.

Sharon O'Brien said she can no longer work in the garden and has developed allergies from the dust.

"On the days when the wind is blowing, you can't even see the driveway," she said. "If the wind is blowing, you can't even see the hood of your car going down the road."

County Engineer Al McLaurin testified that when he visited the site Monday morning, sand erosion was visible in the areas where seed and mulch had not yet been spread.

Kenneth Zimbro, project manager for High Ridge Village, said that after learning of complaints about the dust, the developer brought two additional water trucks. But he said that usually only one of the three trucks on site can be used at a time because only one hydrant is available.

The developer covered finished lots on the property with seed and mulch. By Friday, Zimbro said, 132 of the 166 lots will be covered. Roads on the site will be completed by the first week in July, he said, two weeks ahead of schedule.

Lieberman said in her closing argument Monday that despite the developer's efforts, nuisance conditions are still occurring at the site since a "considerably large portion of land ... is still not protected by groundcover."

She noted the possibility of using other methods that could be less convenient for the developer but provide faster relief for residents, such as covering the ground with a hardening chemical or using hydro seeds.

Stermer said crews had already "taken a lot of corrective measures." No matter what method is used, he said, seeds take time to germinate.

Thomas said the developer should find a way to use all three trucks simultaneously, with county officials possibly assisting in finding other hydrants.

"I believe they should do something," she said, adding that "it can't be done overnight."

After Monday's hearing, Stermer said the developer would take whatever steps Thomas deemed necessary to correct the problem.

"They want it to be corrected. They want people to feel happy about the development being there," he said.

The property is owned by Hillside Properties LLC, according to the Citrus County Property Appraiser's Office, which assessed it at $258,600 last year. The Plantation company bought the land last year from Morrison Homes Inc. of Delaware for $1.57-million, according to official purchase records.

[Last modified May 9, 2006, 00:41:15]