Published: May 20, 2008 05:50 pm            

Racetrack zoning reversed

County failed to give proper notice to adjoining landowner

vanessa.fultz@gaflnews.com



Motocross park closed indefinitely



A zoning decision which allowed a motocross track to open in Suwannee County last year has been reversed.

Circuit Judge David Fina on Monday overturned the special exception allowing AmpXtreme Adrenaline Motorsports Park, a motocross track and campground 12 miles north of Live Oak, to open its gates last fall. The court’s ruling was based on the zoning board’s failure to properly notify an adjoining landowner of the request for a zoning special exception.

The track has been closed for about two weeks.

Jimmy and Stacey Worth, owners of 300 acres adjoining the track, sued the county in 2006 after the Suwannee County Zoning Board of Adjustment granted a special exception allowing the track to open.

The Worths asked that the track be closed, claiming the county did not give them and other adjacent property owners sufficient notice of the public hearing nor an opportunity to appear and be heard at the meeting.

The court ruled that the county violated Florida law by failing to publish in the newspaper or post a sign advertising the meeting within 10 days of the application for special exception.

The court’s order also stated that the county didn’t follow its own land development regulations, which require posting the sign advertising the meeting in a timely manner. Court documents state that signage notifying the public of the hearing contained the wrong date and that the mistake wasn’t corrected until four days before the meeting.

According to the ruling, county officials failed to send written notice of the hearing date to the Worths. The order also stated that the zoning board of adjustment wanted to ensure that all adjoining land owners had proper notice of the hearing and that the board relied upon county officials to send written notification but were “misled” regarding that issue.

County Coordinator Johnny Wooley said the county’s land development regulations do not require officials to send a written notification to adjoining landowners regarding such matters, but he noted the county has traditionally sent such notification in the case of a zoning special exception.

Wooley said initially, the county didn’t realize the Worths’ property bordered the track property.

“Based on the map we looked at, the Worths’ property didn’t show up,” said Wooley. However, he noted it was discovered later that the Worths’ property corners the property where the motocross track sits.

Wooley said to his knowledge all other adjoining land owners were given written notification.

“I’m definitely upset with the county,” said Richard Bowman, one of the owners of the track. “It’s setting a precedent a lot of people didn’t want to see.”

Wooley said the county has notified William and Enola Golightly, the owners of the property on which the track sits, that they may reapply for the special exception if they so choose.

Enola Golightly declined to comment on whether she would do so.

Stacey Worth could not be reached for comment.

According to court records the Worths are seeking damages in excess of $15,000. That part of the case is pending.

BULLETIN

According to a notice on the track’s Website (www.ampxtreme.com), AmpXtreme Adrenaline Park is moving to Madison County.

“Construction began May 8th and our scheduled open date is June 13th,” reads the notice.

        

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