CEMEX started the mining application process in December of 2010. The CEMEX Future Land Use Map Comprehensive Plan Amendment was originally filed in July 14, 2014. The latest twist in the effort to change the future land use map happened on April 28, 2015.
CEMEX’s expansion across Fort Dade Avenue would require the commercial overlay on 156 acres be modified. It would also require 573 acres of residentially zoned property to be rezoned for mining. The entire change would encompass 730 acres. These changes would have to be made to the Hernando County Comprehensive Plan. The comprehensive plan is supposed to provide stability to development, so changes to the comprehensive plan require a super-majority (⅔ or 4 out of 5 votes) of the Commission. If two commissioners voted against proposed change, it would fail.
On April 28th after several hours of public comment, Commissioner Adkins stated that over these several months, he has tried to look at the facts that were given and determine what was fact, fiction, stretched or not stretched. Addressing the Commissioners he stated that “changes to the comprehensive plan are legislative in nature and the Board of County Commissioners is charged with making a policy decision as to what is the best interest of the land in question balancing the interest of all those impacted…” He stated that CEMEX has been very forthcoming and provided him with information requested in a timely fashion. He said that DeeVon Quirolo and her group (Nature Coast Conservation, Inc., Neighbors Against Mining) has also provided him with timely information. He then stated “The only thing I have on this that has not been produced to me is evidence that there is lack of existing supplies.”
Commissioner Adkins followed his statement by making a motion to deny the comprehensive plan amendment. His motion was seconded by Commissioner Rowden.
However, Chair Nicholson stated it was inappropriate to vote without giving the petitioner a chance to rebut. The Commission took a short recess.
After recess, Attorney Darryl Johnston representing CEMEX requested to be allowed to withdraw the petition without prejudice. Commissioner Dukes made a motion to approve the withdrawal, seconded by Commissioner Holcomb. The withdrawal request was passed which ended the hearing. The matter at this point can be brought back to the Commission. If the application had been denied, then only the party denying the application could bring it back to the Board, so only Commissioners Rowden or Adkins (those against) could put the item on the agenda again.
However, the clock is ticking. The Florida Department of Economic Opportunity indicated that the Board of County Commissioners (BOCC) must adopt the amendment prior to July 19, 2015 or the application will be deemed withdrawn.