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South Walton Community Council

Community Organization
Jan 17, 2007
270
78
www.southwaltoncc.org
On 04/09/2019, following negotiations with SWCC, Walton County Board of County Commissioners approved an amendment to the Comprehensive Plan Future Land Use element.

SWCC filed a petition to the state Department of Administrative Hearings (DOAH) in January, challenging certain provisions of the Comprehensive Plan adopted by the BCC in December 2018. SWCC is pleased that the parties were able to reach a settlement without a formal hearing which would have resulted in significant delay. This is important as the Comprehensive Plan Amendment contains numerous changes that are needed, and are the result of many months effort by the County and the participating public.

Why did SWCC file the petition?

Importantly, in Florida it is the citizens who enforce the comprehensive plans. They are also given a critical role in overseeing the plan’s amendment. Under Florida law any affected person may file a legal challenge to a plan amendment. The challenge must be filed within 30 days after adoption of the plan amendments.

Amendments proposed by the county weakened the ability to challenge development by moving key provisions from the Comprehensive Plan to the Land Development Code (LDC). The county has the authority to grant variances to the LDC and those approvals cannot be challenged through the courts.

What specific items were changed?

The 30A Scenic Corridor landscape buffer language was changed from being “required” to “desirable”. We think this is more than desirable, and do not believe there are any circumstances that would warrant a variance

The requirement for a 25-foot landscape buffer between development and environmentally sensitive land such as state parks and state forests was removed. Again, we think that requirement is important

The County also changed policies relating to residential density and commercial intensity.

What’s the difference between the Comprehensive Plan and the Land Development Code?

The Comprehensive Plan is the policy document that sets standards that must meet the minimum requirements set by state law. For example, the 50-foot height restriction is a hard and fast standard that has protected our area from undesirable development for many years and kept South Walton from becoming a high-rise community. All development must be consistent with the Comprehensive Plan

The Land Development Code contains the specific regulations on how the standards in the Plan are to be implemented. In the above example, The LDC defines how a building height is calculated

Comprehensive Plan History

In Florida, since 1985, every local government has been required to adopt and implement a comprehensive plan. State law sets forth the minimum contents of the plan. The comprehensive plans have the force of law and every development order issued by a local government must be consistent with the comprehensive plan. The law establishes procedures for the adoption and amendment of comprehensive plans.

The Comprehensive Plan is required by Florida statutes. The original plan developed by Walton County did not meet statutory requirements. At the county’s request the state developed a plan over many years at a cost of $1 million. The resulting Stipulated Settlement Agreements formed the basis for the original Comprehensive Plan in 1996. Based that background, we believe the regulatory requirements in the Comp Plan are not arbitrary and were put there purposefully to meet the requirements of state law

Compliance Agreement

The Compliance Agreement between SWCC and Walton County, accepted by the BCC on 04/09/2019 contains the following key provisions:

  1. Restored of density and intensity calculations for mixed-use developments to retain the so-called double-dip prohibition.
  2. Restored density standards for Rural Residential and Mixed-Use land use categories.
  3. Provided for a 10-foot landscape buffer between new development and state parks/state forests.
  4. Restored the requirement for a 20-foot landscape buffer from the right-of-way for development in the 30A Scenic Corridor.


We appreciate your support,
South Walton Community Council
 
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