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Eastern Lake Commercial Development With Expired Development Order - meeting 7/14/16

Discussion in 'Local Government and Groups' started by SoWal Staff, Jul 8, 2016.

  1. SoWal Staff

    SoWal Staff Serving the Community! Staff Member

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    Informational meeting set for Thursday July 14th, 5:30pm at Counts Real Estate Office on 30A in front of Old Florida Fish House.


    This is the information passed to us who asks all who care about South Walton please attend.


    The county approved a building on Eastern Lake next to Old Florida Fish House based on an 12-year-old expired development order. When the DO was issued 12 years ago, this was one parcel. The first building was completed and did not meet the parking requirements so they got a parking reduction based on not building the second building (the building that is now proposed). A few years later the property was sold and the new owner did a lot split. A few years after that, this new parcel, the parcel next to Eastern Lake was sold. So now it again has new owners on a new parcel.

    So the new owners went to the county and said they had the right to build on this based on a DO 12 years ago. So they have a expired DO, on a parcel that does not exist, next to a coastal dune lake inside a retention pond with no parking. The county approved without any public notice. The Coastal Dune Lake Advisory Board, advised against this approval.

    During this process, he put on his application that his parcel was 1.9 acres, it is approx .7 acre. He put on his application that he has 42 parking spaces, he has 10. This was all brought up at the TRC meeting (which we have a transcript from), the question was asked how many parking places are required and were told 42, then asked how many provided, and they said 42.

    This was all after the current owners of the adjacent property told the TRC committee that those 32 parking places he put down as his, certainly are not, and they are not allowed to park in those spaces. Those spaces, on a separate parcel with a separate parcel number are for the condo owners, both residential and commercial.

    His parking spaces number 10, period. And as far as those 10 spaces go, there is not a handicap spot. So he should be required to add a handicap spot, reducing his spots to 9, when he adds a dumpster for his new business, it will reduce his spots to 8. This area is congested and there is not enough parking now, adding this will worsen an already bad situation.

    There are flooding concerns, the area already floods and this building will add to the problem.

    The building is not adhering to the coastal dune lake 25% requirements. This parcel has already been disturbed above the 25%, when asked at the TRC meeting if they were adhering to these requirements, they were told yes, even though the committee was told and shown this not to be the case.

    He applied for and received a commercial dock permit for Eastern Lake.

    The Administrative appeal is scheduled for July 28th at the county building on 331. He is starting construction on his building next week.
     
  2. Truman

    Truman Beach Fanatic

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    Certainly an expired DO is dead. You'd have to start all over. I am against any development on any coastal dune lake.
     
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  3. Garner

    Garner Beach Fanatic

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    The entire parcel is within the Coastal Dune Lake Protection Zone (300' from Eastern Lake). The planning department determined that this constituted a "less than minor" development and the approval was done at the Technical Review Committee. It never went to the planning commission at all.
     
  4. Dawn

    Dawn Beach Fanatic

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    Are you for this development?

    Smells stinky to me.
     
  5. Garner

    Garner Beach Fanatic

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    I am NOT for this development. It is not in accordance with the County's Comprehensive Plan regarding the Dune Lakes.
     
  6. Teresa

    Teresa SoWal Guide Staff Member

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    Who is behind it and what are they proposing?
     
  7. seabythegrove

    seabythegrove Beach Fanatic

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    Donald Trump
    Make America Great Again
     
  8. Marmot

    Marmot Beach Lover

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    TRC meeting date? Parcel numbers? Current owners? Add'l info please?
     
    Last edited: Jul 9, 2016
  9. Garner

    Garner Beach Fanatic

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    Here is a link to the tax assessor map:
    Attached is a .pdf showing the Coastal Dune Lake Protection Zone as well as the plans for the building;
    I'm pretty sure it was heard at the May Technical Review Committee meeting but did not appear on the agenda and the minutes have not been published. I just went to the Walton County website and can't find it on the agendas. However, I was there, so I know it happened. The applicant was there with his attorney Gary Shipman and Jill McDonald, owner of Old Florida Fish House was there with her attorney David Pleat. There was also a court reporter present. Jill is in opposition to the development due to flooding / drainage and parking issues. The plans call for a two story building utilizing some of the land that was to be the drainage / retention basin for the development. I spoke at the meeting on behalf of Eastern Lake. There is no way that this development can be good for the lake and it doesn't comply with the Protection Zone.
    The meeting this Thursday will be an informational meeting to educate neighbors as to what is getting ready to happen. Jill has been trying to fight this and it was supposed to have been heard in a formal appeal hearing several weeks ago, but it got delayed. At this point, there are building materials on the site so the developer is ready to go. I have no idea who will be utilizing the commercial space in the building. The hope is that enough people will attend and vocalize their concerns so that this development will be halted.
     

    Attached Files:

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  10. LarsAtTheBeach

    LarsAtTheBeach Beach Fanatic

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    Question?...
    What happens to all the buildings currently on properties within the lake buffer zone? Like the restaurant and the homes?
    Some are in the buffer zone and are not lakefront. What happens to those?
    Are they slated for demolition so the buffer zone can be restored?
     
  11. Garner

    Garner Beach Fanatic

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    Lars, the issue here is not that there are existing buildings, the issue is building new ones in the protection zone.
     
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  12. Matt J

    Matt J SWGB

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    The buffer does not prohibit development, but does limit it.

    As to the public meeting, I've seen these before. It's a requirement by the developer and usually is used by them to identify opposition. You are not required to give any information and generally being opposed doesn't mean anything as they are just going through the motions.
     
  13. Garner

    Garner Beach Fanatic

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    Actually Matt, this is not a required developer meeting. There was not one. This meeting is organized by the neighbors of the development to inform the community about what is getting ready to happen. The county has nothing to do with it.
     
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  14. Matt J

    Matt J SWGB

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    Gotcha. Sorry it was just worded that way.
     
  15. LarsAtTheBeach

    LarsAtTheBeach Beach Fanatic

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  16. Lake View Too

    Lake View Too Beach Fanatic

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    It is unrealistic to expect any ordinance to result in the demolition of existing structures that were built before the ordinance was enacted.
     
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  17. Misty

    Misty Banned

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    Pfft! Don't worry about the small stuff. You're just earning your wings is all. :)
     
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  18. BeachSteelers

    BeachSteelers Beach Fanatic

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    expired DO's are standard around here. This is how they do not inform the community properly. This is why one is told to hire a Lawyer to fight illegal developer giveaways because Planning is corrupt. Less than 10 days notice is given to affected neighbors so the chance of stoping anything illegal is slim to none. Dollar says their Land Use isn't correct for their size and some of the files on the original DO are missing.
     
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  19. Garner

    Garner Beach Fanatic

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    and construction started this morning
     
  20. Matt J

    Matt J SWGB

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    Has anyone called code enforcement?
     

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