Please help Fund Cypress Lake Lawsuit

Discussion in 'Local Government and Groups' started by soappedaler, Jan 21, 2018.

  1. soappedaler

    soappedaler Beach Fanatic

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    Cypress Lake update: We need Funding

    Attorneys for Beach to Bay Connection Inc. and South Walton Community Council filed a lawsuit against Walton County and Ashwood Development on January 10, 2018. Both are 501(c)(3) nonprofit organizations, thus all donations are tax deductible.

    Beach to Bay Connection Inc. is involved due to the failure of the PUD to provide minimum buffer requirements adjacent to Topsail Preserve’s east and southern borders. The density and intensity of the development will adversely impact Topsail Preserve, one of Florida’s most environmentally biodiverse and sensitive ecosystems.

    Several ways to donate:

    Go to www.letitbeforest.com and donate through PayPal. Donate button is on the top of the opening page. This is the information website for Beach to Bay Connection, we also have a Facebook page let it be forest.

    Mail donations to:

    Beach to Bay Connection
    412 Hilltop Dr
    Santa Rosa Beach, FL 32459

    For more information or other ways to donate call 850-267-2227


    Basis of the Lawsuit: Inconsistencies of the Cypress Lake PUD Development order with Walton Counties Comprehensive plan

    PUDs are supposed to promote innovative planning and are allowed deviations to the land development code based on benefits to the public; they must be compatible with the surrounding area. The Cypress Lake PUD does not promote innovative planning, has no public benefits, and is not compatible with the densities and intensities of existing development and environmental conditions in the surrounding areas. It exceeds the maximum density and intensity standards allowed for a mixed-use project on Neighborhood Infill land.

    Walton County approved 125 single-family and duplex townhomes 16 residential condominium units and 53,000 square feet of office restaurant and commercial use on 22.36 acres.

    Mixed-use developments are supposed to calculate density and intensity based on the proportion of the land used for each purpose, residential or nonresidential uses. The developer has calculated residential density using 100% of the 22.36 acres as residential development. It also uses 100% of the acreage to calculate intensity, the commercial part. This is “double dipping” the land use, using it twice for calculating land use.

    The real density is 12.98 units per acre. The proportion of residential land use for Cypress Lake is 9.63 acres of the total 22.36 acres, therefore the project density is 12.98 units per acre, not the 6.3 units calculated by the developer. Neighborhood infill land use category allows for 8 units per acre thus Cypress Lake exceeds residential density.

    The Project is inconsistent with the much lower density developments to the east and south, and Topsail Preserve to the west and north. Estimating from county maps nearby neighborhoods are much less dense, Beachview Heights appears to be about 2 units per acre, Flamingo Village/Emerald Walk 3 units per acre, and Cypress Dunes 6 units per acre. Cypress lake at 12. 98 units per acre, and commercial, is incompatible.

    Cypress Lake PUD Fails to Provide the Required CR 30A Scenic Corridor Setback

    Not only does the developer fail to provide the required 20-foot scenic corridor set back they locate 80 parking spaces and turn lanes within this area.

    Cypress Lake PUD Buffers incorrect and does not provide residential sidewalks.

    Cypress Lake PUD has 10 foot buffers. The buffers should be 25 feet on the North and West where it abuts Topsail Preserve. They should be 20 feet on the east and south where it abuts low-density single family residences.

    Neighborhood Infill parcels within the CR 30A Scenic Corridor are supposed to have sidewalks on both sides of residential streets, Cypress Lake does not have this.

    Additionally, the county failed to advertise, process and review the Cypress Lake PUD correctly.

    Thank you for your support

    Beach to Bay Connection 501(c)(3) Registration #: CH7087

    A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTANED FROM THE DIVISION OFCONSUMERSERVICES BYCALLING TOLL-FREE (800-435-7352) WITHINTHE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
     
  2. Danny Glidewell

    Danny Glidewell Beach Fanatic

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    HAD ENOUGH?

    For years Walton County citizens have been ignored and their interests subverted by those who have been elected to promote and protect them in favor of special interests and the elites who fund campaigns. North Walton citizens are ignored, and South Walton citizen’s rights are trampled, all to make a chosen few a few dollars more.

    Cypress Lakes is the poster child for this problem. The deviations are granted to allow more density which allows developers to make a few dollars more and the same applies to allowing the developer to build the roads far smaller than the code. Allowing building in the right-of-way is a way to build landscaping without using the developer’s property and creates huge issues for Public Works in the future. These kinds of decisions have been the norm in Walton County for too long and create problems for our citizens that harm their quality of life and drain our available tax dollars that could be used to encourage economic diversity and development throughout the county. The current path is not sustainable, and we must stop creating future problems.

    It is time to make decisions that are in the best interests of the everyday residents of Walton County instead of the elite and connected.
     
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  3. soappedaler

    soappedaler Beach Fanatic

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    Thank you Danny for voting against Cypress Lake at the planning commission meeting. Also thanks to Commissioner Melanie Nipper for voting against Cypress Lake at the BCC meeting. We need our leaders who understand and follow the Comprehensive plan and Land Development Code.
     
  4. Jim Tucker

    Jim Tucker Beach Fanatic

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    Thanks for posting the info - keep up the good fight!
     
  5. lazin&drinkin

    lazin&drinkin Beach Lover

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    We can expect that come primary Election Day, Cecilia's enabler whose name rhymes with Rue will have showered her with money and found 2 or 3 people to file for the seat she unfortunately holds and for which we have a great--not good--great, candidate in Danny Glidewell. Danny's post above and his votes on Planning are ample evidence that we need him and more like him on the BCC. He and Melanie are two good people who can be counted on to vote for the interests of the citizenry, not the developers and their bag men.

    Don't just post on here about this. Get out and talk to people, make a campaign donation, do all you can to can to help make Walton County government work fairly for all of us. Danny is deserving of our help, and we need him on the BCC. Time for Cecelia to find another way to grow her net worth.
     
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  6. Bob Hudson

    Bob Hudson Beach Fanatic

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    6E39FC6D-5C01-4683-9DA7-9817A940D693.jpeg
     
  7. soappedaler

    soappedaler Beach Fanatic

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    Make your tax deductible donation to the Cypress Lake legal defense fund. Beach to Bay Connection and South Walton Community Council are suing Walton County and Ashwood Development send a check to:
    Beach to Bay Connection
    412 Hilltop Dr
    Santa Rosa Beach, FL 32459
    Or donate through PayPal
    Www.letitbeforest.com
    Call 850-267-2227 for more information
     
  8. soappedaler

    soappedaler Beach Fanatic

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    Cypress Lake Lawsuit update 9/9/18


    Beach to Bay Connection, Inc and South Walton Community Council’s lawsuit against Walton County and Ashwood Development moves forward. The Project is located on the west end of 30A, across from Emerald Walk (Flamingo Village). It borders Topsail Preserve on two sides.


    Why a lawsuit? In Dec 2017 the Walton County BCC approved 4-1 the Cypress Lake Development, Melanie Nipper was the No Vote. Violations of the Comprehensive plan are:

    1. The density is twice that of the surrounding neighborhoods and is more than the comprehensive plan allows. The commercial square footage is calculated using the same acreage that was used to calculate residential density. For calculations purposes the land is counted twice. It’s very confusing and likely was meant to be.

    2. Buffers on adjacent environmentally sensitive lands are 10 ft. instead of the required 25 ft.

    3. Buffers to adjacent property are 10 feet instead of the required 20 feet.

    4. Scenic corridor buffers are ignored.

    5. No sidewalks in the development as required by comprehensive plan.


    We have excellent attorneys and need to hire expert witnesses.

    Depositions are set for end of September and trial dates for Nov 8-9, 12-13.



    This will be a landmark case for future development in South Walton. The Walton County Board of County Commissioners and Planning Department must follow the law.


    PLEASE DONATE to Beach to Bay Connection for these legal fees.

    Beach to Bay Connection Inc. is a 501(c)(3) so your contribution is TAX DEDUCTIBLE!

    Mail Checks to:


    Beach to Bay Connection

    412 Hilltop Dr.

    Santa Rosa Beach, FL 32459


    Questions or for check pick-up info@letitbeforest.com 850-267-2227.

    Donate through PayPal at www.letitbeforest.com


    Celeste Cobena

    Beach to Bay Connection, Inc.


    Beach to Bay Connection 501(c)(3) Registration #CH7087

    A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAYBE OBTAINED FROM THE DIVDION OF CONSUMER SERVICES BY CALLING TOLLE-FREE (800-435-7352) WITH INTHE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
     
  9. FactorFiction

    FactorFiction Beach Fanatic

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    This is a great way to help curb overdevelopment! Please help!
     
  10. Teresa

    Teresa SoWal Guide Staff Member

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    Thanks Celeste!
     
  11. South Walton Community Council

    South Walton Community Council Community Organization

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    South Walton Community Council Needs Your Help! Cypress Lake is going to trial.

    Overview

    The Circuit Court case against the Cypress Lake development goes to trial next week. As you know, this is a very expensive undertaking and we are at the point where the bills are getting serious. Our objective is to have 100 people donate $100 each. Please consider this to be an investment in our community.

    South Walton Community Council (SWCC) and Beach-to-Bay have teamed up to contest this development. We are not anti-development; we simply want to see responsible development. And we want the county to follow their own rules and ensure compliance with the Comprehensive Plan and Land Development Code.

    Cypress Lake fails to meet the Comprehensive Plan requirements listed below:
    • 25 foot setback with Topsail Hill Preserve State Park
    • 20 foot setback with Cypress Dunes Phase 2
    • 20 foot 30A Scenic Corridor landscape buffer
    • Compatibility with the neighborhood; Cypress Lake has double the density of adjacent developments
    We think these issues are worth fighting for.

    Please visit South Walton Community Council - Cypress Lake to make your donation or to become a member. Checks can be sent to us at PO Box 1661, Santa Rosa Beach 32459. SWCC is a 501(c)3 nonprofit organization and your donations may be tax deductible.

    Thank you, SWCC

    Click Here to Donate Today
    [​IMG]


    Learn More
    Read more about South Walton Community Council at our website and become a member today!
     
  12. steel1man

    steel1man Beach Fanatic

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    Funds paid..good luck
     
  13. soappedaler

    soappedaler Beach Fanatic

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    HELP FUND CYPRESS LAKE LAWSUIT.

    Cypress Lake Lawsuit filed by Beach to Bay Connection, Inc., South Walton Community Council, and local residents to protect Topsail Hill Preserve State Park and the neighborhoods on the west end of 30A from a development that is out of compliance with the Walton County Comprehensive Plan. This action started in December of 2017.

    The case went to trial in early November. We have received an interim ruling from Judge Green that states that the Cypress Lake density was calculated incorrectly. The case is continued until Walton County presents the correct calculations for density for the parcel. We will need our own expert witness to check the information that the County submits. Attorney and expert fees continue.

    Please financially support our endeavor to protect Topsail Preserve and the west end of 30A. Walton County must follow their own rules.
    Thank you.

    Ways to donate:
    PayPal from www.letitbeforest.com

    Venmo Beach to Bay

    Mail Check:
    Beach to Bay Connection
    412 Hilltop Dr
    Santa Rosa Beach, Florida 32459

    For more information 850-267-2227

    Beach to Bay Connection 501(c)(3) Registration #CH7087

    A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAYBE OBTAINED FROM THE DIVDION OF CONSUMER SERVICES BY CALLING TOLLE-FREE (800-435-7352) WITH INTHE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
     
  14. South Walton Community Council

    South Walton Community Council Community Organization

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    South Walton Community Council March 2019 Update-Cypress Lake

    SWCC is a 501(c)(3) non-profit organization that seeks to secure reasonable implementation of laws relating to land-use planning, environmental preservation and growth management in South Walton.


    Cypress Lake Update
    South Walton Community Council has filed a Notice of Appeal to the First District Court of Appeal to challenge the Cypress Lake judgement issued by Judge David Green on 02/18/2019.


    Walton County Circuit Court Judge Green ruled that plaintiffs could only bring complaints that dealt with intensity, density and use. The ruling was based on a controversial precedent case (Heine v. Lee County) that has statewide implications, as it limits the rights of citizens to challenge development that fails to comply with Comprehensive Plan requirements.


    The Cypress Lake ruling failed to consider significant deficiencies related to buffers and setbacks, including the Topsail Hill Reserve Sate Park buffer and the 30 A Scenic Corridor landscape buffer. We believe these are important Comprehensive Plan requirements that need to be incorporated into Cypress Lake as well as future developments.


    Cypress Lake is a proposed development located on the west end of 30A, across from Emerald Walk (Flamingo Village). It borders Topsail Preserve on two sides. Walton County issued a Development Order in December 2017 for a project comprising 141 residential units and two four-story commercial buildings on 22 acres of land.


    SWCC is represented assisted in this effort by attorney Terrell Arline, as well as 1000 Friends of Florida, a Tallahassee-based nonprofit that seeks to uphold key growth management principles and maintain the rights of citizens to participate in their community’s planning process.


    This is a landmark case for the State of Florida and citizens’ rights to redress local governments on land use issues.

    Help South Walton Community Council with your tax-deductible contribution

    Send a check to:

    South Walton Community Council

    P.O Box 1661

    Santa Rosa Beach, FL 32459

    or

    Go to https://southwaltoncc.org/Donate


    South Walton Community Council 501(c)(3) Registration #: CH1093. A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTANED FROM THE DIVISION OF CONSUMERSERVICES BY CALLING TOLL-FREE (800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.
     

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