REGULAR MEETING - MAY 10,2016 The Board of County Commissioners, Walton County, Florida, held a Regular Meeting
on May 10, 2016 at 4:00 p.m. at the Walton County Courthouse Annex in Santa Rosa Beach,
Florida.
The following Board Members were present: Commissioner Sara Comander, Chairman;
Commissioner Cecilia Jones, Vice-Chairman; Commissioner Bill Imfeld; and Commissioner
Cindy Meadows. Mr. Larry Jones, County Administrator; and Attorney Mark Davis, County
Attorney; were also present.
Chairman Comander called the meeting to order.
Chairman Comander announced Commissioner Chapman would not be present due to a
family emergency and the issues in which he was to present will be presented at a later date.
Attorney Davis announced there was an issue with the advertisement for the Public
Hearing to consider an amendment to Chapter 22 of the Walton County Code of Ordinance
(Beach Activities Ordinance) and requested the hearing be continued to allow time for proper
advertisement. He reported emails had been received expressing concern that the ordinance
would be a decision regarding customary use. He confirmed that it does not and involves a
separate issue.
Motion by Commissioner Meadows, second by Commissioner Imfeld, to continue the
Public Hearing to June 14, 2016 at 4:00 p.m. or soon thereafter to be held at the Courthouse
Annex in Santa Rosa Beach.
.. Discussion ensued regarding the need to hold the hearing prior to the beginning of the
beach season and insuring proper notification.
Ayes 3, Nays 1. Comander Aye, Jones Nay, Imfeld Aye, Meadows Aye.
May 10, 2016 Regular Meeting
Prepared by: Kimberly Wilkins
Motion by Commissioner Imfeld, second by Commissioner Jones, to approve the agenda
with the revisions as follows. Ayes 4, Nays 0. Comander Aye, Jones Aye, Imfeld Aye, Meadows
Aye.
1. Addition: Public Works-Mr. David Haight-Presentation of Transit Study Results
2. Addition: Planning Department-Request to approve negotiated fees and scope of work
for Matrix Design Group (RFQ 016-009)
3. Deletion: Minutes for the April 28, 2016 Special Meeting
4. Deletion: County Attorney-Request to approve and authorize Chairman to sign the
contract for the purchase of the Head/Harrell property near Eastern Lake
5. Removed for discussion: Consent Agenda-Request to approve a Resolution for
Unanticipated Revenues of$160,011 in the Building Department Fund
Mr. Peter Russell questioned if the contract for the Head property purchase was available
for public review. Attorney Davis said the contract would be available for public review when it
has been placed on the agenda for approval.
Mr. Emmett Hildreth voiced concern with the two issues relating to quiet title to be
presented by the Office of the County Attorney. He questioned whether the staff would also be
recused from the customary use issues regarding Blue Mountain Beach along with the County
Attorney. Attorney Davis replied they would. Mr. Hildreth requested the County Attorney and
staff be recused from all customary beach issues.
Chairman Comander discussed the request to approve a resolution for unanticipated
revenues of $160,011 in the Building Department Fund. She voiced concern with the amount
since the Building Department is a fee based operation and felt further review was needed. Mr.
Jones said the Building Department was a part of the process to digitize documents for records
retention and would be required to reimburse the General Fund. There is an adequate amount of
money in the Building Department reserves for the reimbursement.
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Motion by Commissioner Imfeld, second by Commissioner Meadows, to adopt
Resolution 2016-33 for unanticipated revenues in the amount of $160,011 in the Building
Department Fund.
Attorney Davis announced there was no statutory prohibition for this action.
Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye.
Motion by Commissioner Imfe1d, second by Commissioner Jones, to approve the
Consent Agenda as follows. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows
Aye.
1. Approve Expenditure Approval List (EAL) excluding the Waste Management
expenditures
Fund Accounts
General Fund
County Transportation
SHIP
Fine & Forfeiture
Section 8 Housing
Tourist Dev. Council
N.W. Mosquito Control
Recreation Plat Fee
Solid Waste Enterprise
Bldg. Dept.lEnterp. Fund
Mossy Head Ind. Park
Stonnwater
$
$
$
$
$
$
$
$
$
$
$
Fund Totals
2,346,268.35
514,040.17
77,555.00
631.68
138,722.24
676,430.40
461.55
7,096.29
410,614.63
880.18
18,425.62
Totals
$
4,21O,~11.25
-­
Waste Management
($
397,606.14 )
($
397,606.14 )
$3,813,205.11
Grand Total 2. Approve the minutes of April 26, 2016 Regular Meeting and l\pril 28, 2016 Special
Meeting
3. Request from OMB to surplus one Grizzly Spray Unit (BCC 6560) from NW Mosquito
Control and four trucks (BCC 5839; 8075; 8246; 8290) from the Tourist Development
Council
4. Replace Ms. Pam Thompson as the City of Paxton representative on the Library Advisory
and appoint Ms. Beverly Adams
5. Authorize the Chairman to sign the Certification of Local Government Approval
allowing Opportunity Place, Inc., a non-profit organization, to seek a grant to serve
women and families of Walton County in need of temporary shelter
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6. Request to apprD'f'e a ResolutioB (2016 ) for Unanticipated Re..'enues of$160,011 in the
Building Department Fund
7. Request to approve a Resolution (2016-32) to amend the General Fund Budget in the
amount of $500 for Unanticipated Grant Revenue from Kimberly Clark Foundation for
the Coastal Branch Library
8. Request to approve and authorize the Chairman to sign the Exercise of First Option to
Renew the Interlocal agreement between Northwest Florida State College and Walton
County Fire Rescue (Ride-Along Agreement)
9. Request to approve and authorize the Chairman to sign the Interlocal agreement between
Florida Panhandle Technical College (f/k/a Washington-Holmes Technical Center) and
Walton County Fire Rescue (Ride-Along Agreement)
10. Request to approve and authorize the Chairman to sign the Memorandum of
Understanding between Walton County and Professional Firefighters of Walton County
Local 4413
11. Approve the purchase of a silver shield security truck bed cover for the survey crew at a
cost not to exceed $2,800.00
12. Approve the purchase of 18,750 tons of milled asphalt from C.W. Roberts Contracting,
Inc.
13. Request to approve a modification to reinstate and extend the 2015 State Homeland
Security Grant until May 30,2016 in order to revise the Budget Detail Worksheet
(Additions are underlined and Deletions are Sfrike#Zfflblghs)
Motion by Commissioner Imfeld, second by Commissioner Meadows, to approve the
Waste Management expenditures in the amount of $397,606.14. Ayes 4, Nays O. Comander Aye,
Jones Aye, Imfeld Aye, Meadows Aye.
Sheriff Mike Adkinson presented an update on the 2016 Spring Break Season. He
reported in 2013 approximately 1,200 people were arrested within 6 weeks and the number of
arrests have decreased each season since that time. There were 338 arrests in 2016, with more
than 120 of those arrested being under the age of 18. Sheriff Adkinson said the goal is to address
how juveniles are dealt with and increase marketing to the parents. An after action meeting will
be held to determine what changes, if any, need to be made. The Board commended the Sheriff
and staff for ajob well done.
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Mr. Larry Jones, County Administrator, presented for consideration a written proposal
from Mr. Peter Russell for the sale of the Eastern Lake Parcel (San Roy Road-Russell Property).
The price of the property is $3.25 million with 0% interest over a 10 year period. Commissioner
Meadows asked how the property would be accessed by the public. Mr. Jones replied through
San Roy Road. Commissioner Meadows asked how the super majority would be calculated with
Commissioner Chapman being absent. Attorney Davis said super majority would be three out of
four votes.
Mr. Peter Russell announced that all the restrictions have been removed. He said the sale
would be with 0% interest over 10 years.
Chairman Comander expressed concern regarding the purchase price for the size of the
parcel.
Commissioner Jones expressed concern with the ever changing outfall and how it would
affect the development of a beach access.
Commissioner Meadows spoke on the need to have additional beach accesses.
Mr. Bob Brooke voiced opposition to the purchase of the property.
Ms. Lisa Boushy asked how many linear feet of beach would be available. Mr. Jones
stated approximately 200 feet.
Mr. Frank Day asked if there was public access to the parcel and whether the parcel could
be used as a regional access. Commissioner Meadows replied that it did have public access and
there would not be enough areas for parking to construct a regional beach access. Discussion
continued on the parking issues with this parceL
Ms. Grace Marse spoke in favor of purchasing the property.
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Mr. Russell noted the county owned the parcel to the north and the purchase would allow
the county to own an incredible piece of land. Chainnan Comander asked why he wanted to sell
it. Mr. Russell responded he felt it should belong to the county and the people.
Chainnan Imfeld asked how much the appraisals were. Mr. Jones replied that both
appraisals resulted in a value under $2 million.
Ms. Jackie Markel spoke in support of the purchase, but said she wished the amount was
smaller.
Mr. Jim Bagby, Mr. Jimmy Kuhn, Ms. Melanie Nipper, Ms. Betty Letcher, and Ms. Alice
Butela spoke in support of the purchase.
Ms. Gamer Chandler voiced concern with the gates indicated on the site plan. Mr. Jones
replied that the plan for the gates had been removed.
Motion by Commissioner Meadows, second by Commissioner Imfeld, to purchase the
Harrell/Head (San Roy Road) Property using TDC Funds in the amount of $3.25 Million at 0%
interest over 10 years. Ayes 3, Nays 1. Comander Aye, Jones Nay, Imfeld Aye, Meadows Aye.
Motion by Commissioner Imfeld, second by Commissioner Meadows, to approve to
advertise for RFQ for Continuing Professional Engineering Consulting Services as requested by
Mr. Jones. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye. Mr. Jones
stated there are currently three companies being utilized for engineering services and there are no
additional provisions to extend the agreements.
Motion by Commissioner Meadows, second by Commissioner Imfeld, to approve to
advertise for RFQ for design services for C.R. 395 N (from U.S. 98-Bayou) Road Reconstruction
and Addition of Multi-Use Path as requested by Mr. Jones. Ayes 4, Nays O. Comander Aye,
Jones Aye, Imfeld Aye, Meadows Aye.
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Motion by Commissioner Meadows, second by Commissioner Imfeld, to approve to
advertise for RFQ for Design Services for the Seagrove Stonnwater Improvements Project as
requested by Mr. Jones. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye.
Motion by Commissioner Imfeld, second by Commissioner Jones, to approve Task Order
16-12 for the New Multi-Use Path on C.R. 393 from Ridge Road to U.S. 98 with Preble-Rish
Consulting Engineers as requested by Mr. Jones. Ayes 4, Nays O. Comander Aye, Jones Aye,
Imfeld Aye, Meadows Aye.
Motion by Commissioner Meadows, second by Commissioner Imfeld, to approve Task
Order 16-13 for South Holiday Road Sidewalk with Tetra Tech, Inc. as requested by Mr. Jones.
Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye.
Motion by Commissioner Imfeld, second by Commissioner Jones, to approve Change
Order No.3 to Contract No. 014-028 for the Wastewater Treatment Facility for the Walton
County Commerce Park in Mossy Head with J & P Construction Company d/b/a Jamison
Construction Company as requested by Mr. Jones. Ayes 4, Nays O. Comander Aye, Jones Aye,
Imfeld Aye, Meadows Aye.
Motion by Commissioner Meadows, second by Commissioner Jones, to begin
negotiations with the top ranked finn (CB&I Environmental & Infrastructure, Inc.) for RFQ 016­
011 Consulting Services for the pre and post monitoring of NRDA Artificial Reef Projects and
include in the contract the requirement to coordinate all deployment locations with the South
Walton Artificial Reef Association, the official artificial reef projects coordinator. Ayes 4, Nays
O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye.
Mr. Chance Powell, Public Works, presented an update regarding the Park and Ride. He
discussed several sites which are being considered. He reported the Rockhill Road site was
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opposed by the Air Force and has been removed from consideration. The areas being considered
are: a FOOT identified site across from ACE Hardware on U.S. Highway 98, the parcel adjacent
to the Courthouse Annex in Santa Rosa Beach, WoodlawnlUnited Fire Station, and the Canning
Center/Farmers Market in DeFuniak Springs. Mr. Powell requested to contact FOOT to erect
park and ride signs at these locations.
Motion by Commissioner Imfeld, second by Commissioner Meadows, to authorize Mr.
Powell to contact FOOT to erect park and ride signs at these locations. Ayes 4, Nays O.
Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye. Mr. Powell discussed an additional site
located in Freeport on Highway 20 across from the City Hall.
Mr. David Haight, Atkins Global, presented the results of the 30A Mobility Project study.
He discussed C.R. 30A travel times, possible connector road options and the long term and short
term possibilities.
Motion by Commissioner Imfeld, second by Commissioner Jones, to approve the use of
$32,500.00 in budgeted Contingency funding to complete the Administration Building addition
as requested by Mr. Jones. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows
Aye.
Motion by Commissioner Imfe1d, second by Commissioner Jones, to advertise and
schedule Public Workshops for June 1,2016 at 5:00 p.m. to be held at the Courthouse Annex in
Santa Rosa Beach and June 6, 2016 at 4:00 p.m. to be held at the City of Freeport Community
Center to discuss the U.S. 331 Bridge Park as requested by Mr. Jay Tusa, TDC Executive
Director.
Commissioner Meadows questioned if the excess tax monies could be spent on this.
Attorney Davis replied the monies could be spent on shore to shore and is seeking guidance from
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Nabors, Giblin, and Nickerson to determine if the monies could be spent on the parks.
Commissioner Imfeld said it was important to receive public input to what they would like to
have and to determine what could be done to enhance the Walton County experience.
Ayes 4, Nays O. Comander Aye, Jones Aye, lmfeld Aye, Meadows Aye.
Mr. Tusa reported there was an 18.92% increase in bed tax numbers March 2016 over
March 2015 and a year to date increase of 14.4 7%. He said the fishing show will be re-presented
at the June 14,2016 Regular Meeting. Mr. Tusa announced there would be a reception on May
12,2016 at the TDC from 2:30 p.m. to 4:30 p.m. to allow him to meet the public and staff.
No action was taken on the request to authorize the Office of the County Attorney to
review quiet title and other cases affecting ownership of the sandy beaches in south Walton
County and to authorize the Office of the County Attorney to either intervene in active cases or
seek to re-open the closed cases if there are sufficient legal grounds.
Attorney Davis requested approval to ask outside counsel to undertake a separate review
of quiet title and other cases affecting ownership of the sandy beaches located in south Walton
County and either intervene in active cases or seek to re-open the closed cases if there are
sufficient legal grounds. This action will avoid any conflicts of interest between the Office of the
County Attorney and former clients of the County Attorney. Commissioner Meadows asked who
the outside counsel would be. Attorney Davis said the decision would be made by County
Administration and said he would provide a list of attorneys which have previously worked with
the county.
Motion by Commissioner Meadows, second by Commissioner Imfeld, to ask outside
counsel to undertake a separate review of quiet title and other cases affecting ownership of the
sandy beaches located in south Walton County as presented.
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Attorney Davis said he had information regarding non-Blue Mountain Beach issues
which can be shared with outside counsel.
Mr. Hildreth questioned why the issue would be reopened. Attorney Davis said that
would be determined by outside counsel. Chairman Comander stated the Board has the
obligation to its constituents to collect as much information as possible. Mr. Hildreth spoke in
opposition of reopening the quiet title issues.
Mr. Jimmy Kuhn spoke in support of the outside counsel.
Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye.
Commissioner Meadows recognized that May is Senior Month and announced the May
18th Coastal Senior Kick-off event.
Motion by Commissioner Imfeld, second by Commissioner Jones, to adopt a Resolution
(2016-34) recognizing the month of May, 2016 as Older Americans Month in Walton County.
Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye.
Commissioner Jones had no items to present.
Chairman Comander handed out information regarding the overview of the Federal and
State Settlement with BP concerning the Deepwater Horizon Oil Spill.
Ms. Linda Robin requested the Board accept Bayou Road for maintenance and reported
the residents have agreed to donate right-of-way. Attorney Davis said Ms. Robin is following the
proper procedures and the road will require review by Public Works to determine whether the
county can accept it for maintenance.
Motion by Commissioner Meadows, second by Commissioner Jones, to direct Public
Works to review the Bayou Road issue and present their findings to the Board. Ayes 4, Nays O.
Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye.
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Mr. Jim Bagby, Interim CEO of Walton Area Chamber of Commerce, invited the Board
to attend a May 11, 2016 open house event sponsored by the Chamber and to attend the
Leadership Walton Graduation on May 26, 2016 at Sandestin. He reported the Chamber
committees would be reinvigorated.
Mr. Peter Russell requested the Board consider constructing an additional road to access
Eastern Lake from U.S. 98. The additional road would alleviate traffic at Seagrove. Chairman
Comander said County Administration has been communicating with the Forestry Service
regarding that issue.
Mr. Mike Klein requested a bike path be considered for the northern section of C.R. 393
from Cecil Landing to U.S. Highway 98. Commissioner Meadows said Public Works is
reviewing the area to determine bike path placement, sufficient right of way, cost, and funding.
The meeting briefly recessed.
Motion by Commissioner Meadows, second by Commissioner Jones, to reject all bids in
response to RFP 016-001. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows
Aye. Mr. Wayne Dyess, Planning and Development Director, said a revised RFP would be
presented at the May 24,2016 Meeting. There was no public comment.
Mr. Dyess requested to approve negotiated fees and scope of work for Matrix Design
Group (RFQ 16-009). Commissioner Meadows remarked there had not been enough time to
review the information and asked to continue the issue to May 24,2016 to allow time for review.
Mr. Jones reported that the initial proposal was substantially higher than their final proposal and
would place the item on the May 24th agenda.
Motion by Commissioner Meadows, second by Commissioner Imfeld, to continue to
May 24,2016 the approval to negotiate fees and scope of work for Matrix Design Group (RFQ
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16-009). Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye. There was no
public comment.
Motion by Commissioner Meadows, second by Commissioner Jones, to continue the Fox
Lake LSA 2015-14 to June 14, 2016 Regular Meeting to be held at the Courthouse Annex in
Santa Rosa Beach at 5:00 p.m. or soon thereafter as requested by Mr. Dyess.
Commissioner Imfeld questioned how many times this issue had been continued. Mr.
Dyess replied the Fox Lake LSA has been continued twice and said the latest advertisement
included the wrong map. Attorney Davis said this had previously been continued due to the
lengthy Planning Commission agenda and was not discussed.
Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye. There was no
public comment.
Mr. Dyess presented for final hearing the Fish Pond LDC Ordinance, an ordinance
amending Section 11.06.06 of the Walton County Land Development Code (LDC) establishing a
process for excess materials from pond construction in the Large Scale Agriculture and General
Agriculture future land use districts to be given away or sold at the discretion of the property
owner.
Chairman Comander voiced objection with the proposed
size requirements.
Commissioner Meadows agreed and recommended a pond size of five acres. Commissioner
Imfeld voiced concern regarding the possibility of multiple five acre ponds being constructed a
few feet apart. Discussion ensued regarding a possible continuance and what depth would be
needed to obtain maximum volume for a five acre pond.
Motion by Commissioner Meadows, second by Commissioner Jones, to continue the Fish
Pond LDC ordinance to May 24, 2016 to allow the Environmental Department time to review
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and determine reasonable depth for a 5 acre pond. Ayes 4, Nays O. Comander Aye, Jones Aye,
Imfeld Aye, Meadows Aye. There was no public comment.
Mr. Dyess presented for first reading the Dogs in Outdoor Eating Areas Ordinance, an
ordinance providing for an authorized exemption from State Law to allow dogs in outdoor areas
of public food establishments during operating hours; providing for regulations, providing for
application and permit procedures; providing for a complaint procedure; providing for permit
revocation; providing for conflicting provisions.
Motion by Commissioner Meadows, second by Commissioner Jones, to move the Dogs
in Outdoor Eating Areas Ordinance forward to second reading. Ayes 4, Nays
o. Comander Aye,
Jones Aye, Imfeld Aye, Meadows Aye. There was no public comment.
Mr. Dyess presented for first reading the Chapter 13 Ordinance amending the LDC
Chapter 13; amending building materials, landscape materials, and approved colors.
Motion by Commissioner Meadows, second by Commissioner Jones, to move Chapter 13
Ordinance forward to second reading. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye,
Meadows Aye. There was no public comment.
The Quasi-Judicial hearing was called to order and Attorney Davis administered the oath
to those intending to speak. There were no objections to the advertisements. Attorney Davis
instructed that any Ex Parte forms are to be submitted to the clerk.
Mr. Dyess presented the Methvin Petition for Abandonment submitted by Emerald Coast
Associates, requesting the abandonment of the south 33 feet less and except the east 17 feet and
the west 16 feet of the east 33 feet of Government Lot 26, Section 3, Township 3 South Range
20 West, with a future land us of Neighborhood Infill. The information included in the Board
packet shows two abandonments; however, the Planning Commission only recommended
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approval of the abandonment being presented. Staff concurred with the recommendation. The
site is located on the west side of 70 Martha's Lane. Staff found the project to be consistent with
Walton County Comprehensive Plan and Land Development Code. (Staff Report-I)
Discussion ensued regarding the abandonment of only the portion to the south of the
property, staffs recommendation, and the recommendations of Public Works.
Commissioner Meadows asked if the 33 feet to the south of the requested abandonment
area had also been abandoned. Mr. Dean Burgis, Emerald Coast Associates and Engineer of
Record, said it was either abandoned or never existed. Mr. Dyess said the abandonment is in
association with the next issue, Martha Lane's Townhomes.
Mr. Burgis discussed the abandonment request. Commissioner Meadows asked if the 33
feet was currently used as a pedestrian access. Mr. Burgis said there is a north-south foot trail
which will remain. Commissioner Imfeld asked if the area would be maintained as a buffer. Mr.
Burgis said it would be maintained as a buffer, right of way, and a future pedestrian access to the
beach.
Mr. Michael Klein asked if it would extend into the portion not being abandoned. Mr.
Burgis said it does exclude that portion.
Motion by Commissioner Imfeld, second by Commissioner Jones, to approve by
Resolution 2016-35 Methvin Petition for Abandonment. Ayes 4, Nays O. Comander Aye, Jones
Aye, Imfeld Aye, Meadows Aye. (Exhibits: Staff Report-I)
Mr. Dyess presented Martha's Lane Townhomes, a major Development Order application
submitted by Emerald Coast Associates, Inc. requesting approval to develop 19 multi-family
units on 2,45 acres with a future land use of Neighborhood InfilL The project is located at the
south end of Martha's Lane, south of Allen Loop Drive,
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~
mile north ofeR. 30A. The applicant
amended the application to reduce the number of units from 19 to 17; the road alignment moved
west approximately 6 feet. Due to the road alignment moving, the retention ponds were
reconfigured; preservation requirements were reduced due to increased area in the public rightof-way and traffic was reduced due to the reduction in the number of overall units. Staff found
the project to be consistent with Walton County Comprehensive Plan and Land Development
Code contingent upon conditions being met as stated in the Staff Report. (Staff Report-I)
Commissioner Meadows asked if this was located within the Coastal Dune Lake
Protection Zone. Mr. Dyess replied he did not think it was. After some discussion it was
determined that a portion of the storm water retention was within the 300 foot Coastal Dune
Lake Protection Zone but was allowed because it was less than the 25% requirement.
Commissioner Meadows questioned Mr. Burgis regarding the amount of parking spaces,
number of bedrooms, paving material, and whether or not it was a closed basin. Mr. Burgis
replied the units would have three bedrooms, a two car garage, and additional areas supplying a
total of nine over-flow parking spaces for the development. He said there would be vegetation in
the eastern right-of-way that is not counted toward preservation requirements. He reported the
roads would be paved according the Planning Commission's recommendations. Mr. Burgis said
the project is located in a closed basin and provisions have been made to attenuate a 100 year
storm event.
Attorney Davis voiced concern regarding the environmental assessment which indicated
the presence of two previously recorded archaeological sites and one historic cemetery in the
vicinity of the project and asked what those were. Mr. Burgis said he did not know what they
were, but said they were not on the project site.
Ms. Joan Foreman voiced objection with the project.
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Discussion ensued on including additional parking and the wetland area.
Mr. Rick Schoonover, Ms. Jackie Markel, Mr. Mike Klein, Mr. Alan Ficarra, Mr. Scott
Crompton, and Ms. Karen Schoonover spoke in opposition to the project. Concerns included
compatibility, traffic, density, and preservation.
Ms. Sherry Roberts, Calypso Pointe HOA Manager, suggested centering the road within
the 66 foot right-of-way which would add equal buffering between developments. She voiced
concern with the density of the project.
Mr. Burgis gave a brief presentation of the project and responded to the public concerns
regarding preservation, density, and traffic. Commissioner Meadows asked if the road would be
constructed right behind Calypso Pointe. Mr. Burgis replied the road currently in place is 18 feet
wide and located in the western side of the easement. He reported there were drainage problems
in the easement at the rear of Calypso Pointe. There are plans in place which will help alleviate
some of the drainage issues. Chairman Comander questioned if this will be used for vacation
rentals or residents. Mr. Burgis would like to cater to homeowners, but felt there would be others
which would prefer rentals. He noted that approximately 50% of the homes in Calypso Pointe are
not homesteaded. Commissioner Meadows voiced concern with the need for more parking.
Motion by Commissioner Meadows, second by Commissioner Comander, to deny
Martha's Lane Townhomes as designed and ask the applicant to redesign the project to
accommodate the neighborhood and future occupants. (Chairman Comander stepped down as
Chair to second the motion. Commissioner Jones assumed the Chair position.)
Commissioners Comander and Meadows expressed a need for additional parking.
Ayes 2, Nays 2. Comander Aye, Jones Nay, Imfeld Nay, Meadows Aye.
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Attorney Davis said a tie vote means the project is denied and would have to be re­
presented. Commissioner Comander asked if they could come back with modifications. Attorney
Davis said they could, but may have to go back through the process. Discussion continued on the
redesigning of the proj ecl.
Attorney Davis said a motion to reconsider could be made.
Motion by Commissioner Comander, second by Commissioner Jones, to reconsider the
motion to deny Martha's Lane Townhomes.
Commissioner Comander stated her reason for reconsideration is to prevent the applicant
from having to go back through the entire process for a redesign. Attorney Davis said it would
depend upon whether or not the redesign is substantiaL He said he was unsure how a repeat of
the process could be avoided.
Ayes 3, Nays 1. Comander Aye, Jones Aye, Imfeld Aye, Meadows Nay.
Commissioner Comander discussed her reasons for the reconsideration. Commissioner
Meadows said the motion should state the current plan is unacceptable, a redesign is necessary,
and to include no guarantee for approval. Attorney Davis suggested reviewing a new proposal
and leave open whether or not it will have to repeat the process.
Motion by Commissioner Comander, second by Commissioner Imfeld, to continue
Martha's Lane Townhomes to June 14,2016, have the project redesigned to allow more parking,
and to determine whether or not the redesign would be required to go back through the process.
Ayes 3, Nays 1. Comander Aye, Jones Aye, Imfeld Aye, Meadows Nay. (Exhibits: Staff
Report-I) (Ex Parte: Meadows)
Commissioner Comander resumed the Chair position.
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Mr. Dyess presented NatureWalk 5th Addition, a plat application submitted by Emerald
Coast Associates, Inc., requesting approval to re-plat Lots 125-126 of NatureWalk at Seagrove
PUD consisting of 0.38 acres with a future land use of Traditional Neighborhood Development.
The project is located on the south side of Flatwood Forest Loop, south of Lovegrass Way. Staff
found the project to be consistent with Walton County Comprehensive Plan and Land
Development Code. (Staff Report-I)
Commissioner Meadows asked if the lot lines were being shifted. Mr. Tim Brown,
Planning Department, confirmed the lot lines were being moved to make the lots equal in size.
Motion by Commissioner Meadows, second by Commissioner Jones, to approve
NatureWalk 5th Addition Re-plat. Ayes 4, Nays O. Comander Aye, Jones Aye, Irnfeld Aye,
Meadows Aye. (Exhibits: Staff Report-I) There was no public comment.
Mr. Dyess presented Alys Beach Lots D II-D 15 Re-plat a plat application submitted by
Innerlight Engineering Corporation, requesting approval to re-plat 5 existing lots into 3 lots
within Phase I of the approved Alys Beach PUD. The project is located on the east side of N.
Charles Street north ofW. McGee Drive and south ofN. Somerset Street on
0.253 acres with
a future land use of Traditional Neighborhood Development. Staff found the project to be
consistent with Walton County Comprehensive Plan and Land Development Code. (Staff
Report-I)
Motion by Commissioner Meadows, second by Commissioner Jones, to approve Alys
Beach Lots DI1-D15 Re-plat.
Attorney Davis asked if there was a Homeowners' Association for this subdivision. Mr.
Brown replied the development was controlled by one master association.
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Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye. (Exhibits: Staff
Report-I) There was no public comment.
Mr. Brown presented Alys Beach Lots EI7 and EI7A Re-plat, a plat order application
submitted by Innerlight Engineering Corporation, requesting the approval to re-plat Lot 17,
Block E, Alys Beach Phase 1A-I, Plat Book 17, Pages 11-11 C into 2 lots consisting of 0.256
acres with a future land use of Traditional Neighborhood Development. The project is located
north of C.R. 30A, 1 mile west of the intersection of U.S. 98 and C.R. 30A. Staff found the
project to be consistent with Walton County Comprehensive Plan and Land Development Code
contingent upon conditions being met as stated in the Staff Report. (Staff Report-I)
Mr. Brown said the objective is to divide Lot 17 into two separate lots and underground
parking would be available. Commissioner Imfeld voiced concern with the water table.
Motion by Commissioner Meadows, second by Commissioner Jones, to approve Alys
Beach Lots E17 and E17A Re-plat. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye,
Meadows Aye. (Exhibits: Staff Report-I) There was no public comment.
Mr. Mac Carpenter, Planning and Development, presented Holiday Beachside Center, a
major Development Order application submitted by Emerald Coast Associates, Inc. consisting of
demolishing a 10,870 square feet retail center and rebuilding a shopping center of approximately
21,120 square feet of retail on +/- 1.909 acres with a future land use of Neighborhood InfilL The
project is located on the northeast corner of Scenic Gulf Drive and Holiday Road. The project
has been reduced to 18,000 square feet at Planning Staff's request to accommodate the amount of
parking to be placed on the side. Staff found the project to be consistent with Walton County
Comprehensive Plan and Land Development Code contingent upon conditions being met as
stated in the Staff Report. (Staff Report-I)
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19
Commissioner Meadows asked if Proportionate Fair Share funds were due. Mr. Carpenter
replied yes in the amount of $38,210. Commissioner Meadows asked if there were any
intersection improvements. Mr. Carpenter said the only improvement is the addition of a
sidewalk along the western boundary of south Holiday Road adjacent to the property.
Commissioner Imfeld noted a previous motion approved the installation of a sidewalk to be
installed on the eastern side of Holiday Road to U.S. Highway 98. Mr. Carpenter said this
sidewalk will be located on the project site and would only extend the length of the parcel.
Commissioner Meadows asked ifthis would be an Alvin's Island. Mr. Carpenter replied it would
be a similar style beach store. He said comments were received regarding the illumination of the
second floor windows and staff has requested a wildlife lighting plan be submitted during the
building permit stage. Discussion continued on the placement of the project's lighting and the
effects it will have on the surrounding residential areas.
Mr. Dean Burgis, Engineer of Record, discussed the details of the Holiday Beachside
Center project and the proposal to demolish the existing building to develop a new beach apparel
store and pizza shop. Commissioner Meadows asked the length of the building on the east side.
Mr. Lee Goodson, Bullock Tice Associates, architects, replied 192 feet and the shorter side will
be 93 feet. Mr. Goodson briefly discussed the design of the building. Commissioner Meadows
questioned what the operating hours would be. Mr. Goodson replied it would be dependent upon
the season. Commissioner Meadows questioned if the lights would stay on all night and voiced
concern with lights shining into residential homes. Mr. Goodson said there would be neither
neon nor flashing lights and did not know if they would be extinguished at a certain time. Mr.
Burgis discussed the parking lot lighting and said per code requirement there would be no
perimeter illumination at the property line and that all other lighting would be directed toward
May 10, 2016 - Regular Meeting
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20
the building. Commissioner Meadows asked if the retention exfiltration system would be under
the parking lot. Mr. Burgis replied it would be. Commissioner Meadows asked why there were
exits onto Cross Creek Road. Mr. Burgis said the exits were included to improve the circulation.
Commissioner Meadows voiced concern regarding the number of driveways and circulation.
Commissioner Imfeld asked the amount of the set back from Cross Creek Road. Mr. Burgis
replied it is 280 feet from the property line on Cross Creek to the building.
Mr. Matthew Imperil and Mr. Dan Thomas voiced objections to the project. Some of the
concerns raised regarded traffic, safety, buffering, and nuisance noise.
A lengthy discussion ensued on the number of accesses to the project, the potential need
for a traffic light, and a possible continuance to review the accesses.
Motion by Commissioner Meadows to continue to May 24, 2016 the Holiday Beachside
Center to address the lighting problems, allow Public Works to review the project to determine
what improvements could be made to the traffic patterns, and determine if a light will be needed
at that location.
Mr. Burgis requested the continuance be held on June 14,2016 at the Courthouse Annex
in Santa Rosa Beach for convenience for all parties.
Attorney Davis stated before a motion is made rebuttal to the comments should be
allowed.
Mr. Burgis addressed the comments made in opposition and said the accesses have been
approved by the Engineering Department. Commissioner Meadows asked which engineers
reviewed the plan. Mr. Burgis replied Preble-Rish. Commissioner Meadows asked that Public
Works review the plan. Attorney Davis asked if an entrance had been added since the Planning
Commission. Mr. Burgis stated there have been no changes made since the Planning
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21
Commission meeting. He also reported that lighting would be reviewed during the building
permit process. He concurred school bus signage should be installed. He continued addressing
the comments made during public comment. Discussion ensued on the project's accesses and
safety.
Motion by Commissioner Meadows, second by Commissioner Imfeld, to continue to
June 14, 2016 to the Holiday Beachside Center to address the lighting problems, allow Public
Works to review the project to determine what improvements could be made to the traffic
patterns, and install school bus stop signs.
Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye. (Exhibits: Staff
Report-I)
Staff was directed to research the need for a traffic light.
The meeting briefly recessed.
Mr. Brown presented Niceville High School Robotics Lab Warehouse a major
Development Order application submitted by Jenkins Engineering, Inc., requesting approval to
construct a 6,000 square foot warehouse building on +/- 1.59 acres with a future land use of
Rural Village. The project is located at 203 Joseph Avenue. This project is being allowed as a
civic use. Staff found the project to be consistent with Walton County Comprehensive Plan and
Land Development Code contingent upon conditions being met as stated in the Staff Report.
(Staff Report-I)
Mr. Chris Neiger, Niceville High School, introduced the robotics team and was available
for questioning. Commissioner Imfeld commended the students on their accomplishments.
Mr. Richard Sisk and Ms. Asalee Monroe spoke in opposition of the project citing
incompatibility, drop in property values, parking and traffic.
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Chainnan Comander asked about the project's parking and landscaping. Mr. Jamie
Eubanks, Jenkins Engineering, said the parking and access is off of Joseph Avenue and
landscaping would be on all four sides. Chainnan Comander asked if more parking spaces could
be added. Mr. Eubanks said yes. He reported there would be no competitions held there.
Commissioner Jones asked what was located across the street. Mr. Eubanks replied a
convenience store/gas station, construction yard, mini storage, and one residence.
Motion by Commissioner Imfeld, second by Commissioner Jones, to approve Niceville
High School Robotics Lab Warehouse. Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye,
Meadows Aye. (Exhibits: Staff Report-I) (Ex Parte: Comander, Jones, Imfeld)
Mr. Carpenter presented Kaiya PUD and Kaiya PUD Overlay Ordinance, a major
Development Order application submitted by Jenkins Engineering, Inc. requesting Conceptual
Master Plan approval for a two-phase Planned Unit Development mixed use project with 148
residential units and +/- 138,562 square feet of commercial space, including retail, office, limited
lodging, civic, health and fitness, back of house services, and a beachfront pool amenity on +/­
28.64 acres with a future land use of Traditional Neighborhood Development, Small
Neighborhood, and Neighborhood infilL The project is located on the northeast corner of the
intersection at C.R. 30A E and WaterSound Parkway S. and within an adjoining parcel south of
C.R. 30A. This PUD will utilize the Planned Unit Development Overlay per Policy L-1.17.1 of
the Comprehensive Plan and will include an ordinance amending Section 2.06.00 of the Land
Development Code adopting the Kaiya PUD Conceptual Master Plan as an Overlay District;
establishing a defined boundary; establishing regulatory conditions for the Kaiya PUD Overlay
District; providing for the incorporation of the Kaiya PUD Overlay District as Appendix PDO-2
to the Land Development Code. Staff found the project to be consistent with Walton County
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23
Comprehensive Plan and Land Development Code contingent upon conditions being met as
stated in the Staff Report. (Staff Report-I)
Attorney David Theriaque, Theriaque and Spain, applicant representative, distributed and
briefly discussed a notebook which contains 18 applicant exhibits (Petitioner-2). There were no
objections to the exhibits being presented into evidence.
Attorney Theriaque announced he had three witnesses who would provide testimony: Mr.
Scott Jenkins, Jenkins and Associates; Mr. Mauricio Castro, Place Alliance; Mr. Jason Romair,
Applicant. He reserved the right for rebuttal after comments are submitted and to present a
closing argument.
Mr. Scott Jenkins, Project Engineer, briefly discussed the project and said the applicant
would like to enter into a right of way agreement to widen C.R. 30A within the PUD area.
Commissioner Meadows asked if the retention filtration systems would be under the parking area
and who would maintain the systems. Mr. Jenkins replied the retention filtration systems were
under ground and would be maintained by an association. Attorney Theriaque questioned if there
would be construction within the Coastal Construction Control Line (CCL) Mr. Jenkins
discussed the existing seawall and the requirement for a DEP permit to construct the pool on the
southernmost portion of the project. He said the project improvements are outside the Coastal
Protection Zone. Attorney Theriaque questioned the existence of nonresidential uses on the
southern parcel. Mr. Jenkins replied there were none. Attorney Theriaque asked if the beach
front pool would be a nonresidential use. Mr. Jenkins replied no. Mr. Jenkins described the
amenities throughout the project at the request of Attorney Theriaque.
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Mr. Mauricio Castro, Place Alliance, briefly reviewed the office locations and projects
perfonned by his company. He then discussed the details of the design process and the qualities
of the project. Attorney Theriaque had no questions for Mr. Castro.
Mr. Jason Romair, applicant, briefly discussed his history in Walton County and his
reasons for developing the area. He reported that nine community meetings have been held and
spoke about some of the multiple changes made in an attempt to satisfy the community concerns.
Commissioner Meadows asked if he had communicated with St. Joe regarding the intersection.
Mr. Romair said St. Joe is working on a solution for the intersection improvements.
Commissioner Meadows questioned which plan was the most recent master plan. Mr. Romair
stated the one which is being presented. Commissioner Meadows asked if the 250 foot buffer
requirement had been met. Mr. Romair replied yes. Attorney Theriaque asked Mr. Romair to
explain his reasons for acquiring and developing the southern portion of the project. Mr. Romair
discussed the need for a beach access for this project.
Attorney Theriaque announced he had no other witnesses at this time.
Attorney Ginger Boyd, Broad and Cassel, representative for Mitchell Brothers, Inc., said
she will be presenting two witnesses who will speak in opposition of the project and requested to
present her argument against the development.
Mr. Eddie Mitchell, Mitchell Brothers, Inc., gave testimony in opposition of the southern
portion of the project citing incompatibility with the surrounding area. He spoke against the
construction of a wall and swimming pool which would block his view of the beach and gulf and
submitted into evidence photos showing the surrounding areas. (Respondent-3, 4, 5, 6, 7, 8)
There was no opposition to the exhibit submission. Attorney Theriaque questioned Mr. Mitchell
on the purchase of his property, his pennanent residence, his intentions for the property, and his
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urban design background. Mr. Mitchell replied he had bought the property approximately one
and half years ago and that his homestead residence is in Tallahassee. He said the property he
discussed is under renovation. Mr. Mitchell said he had no background in planning.
Dr. David Depew, PhD, Morris-Depew Associates, Inc., discussed the incompatibility of
the southern portion of the project with the LDC and Comprehensive Plan policy. He encouraged
the Board not to approve the southern portion of the project and to ask the developer to present
an alternate plan. Commissioner Imfeld asked Dr. Depew to state his background. Dr. Depew
briefly discussed his qualifications and work experiences as a land planner. Attorney Theriaque
questioned Dr. Depew regarding the homes in the Sand Cliffs Subdivision. Dr. Depew stated his
testimony was based on observations. Attorney Davis asked Dr. Depew if his interpretation of
the 50 foot set back would apply to every building in a particular project. Dr. Depew stated it
would apply to buildings over two stories.
Attorney Boyd commented that Mr. Mitchell's property rights should be considered even
though it is not homestead. She discussed the variance issues on the south side parcel and the
incompatibility with the LDC and Comprehensive Plan.
Mr. David Simms, resident and Architectural Review Committee member, briefly
discussed the area located behind his home near the project and the current drainage problem
located in that area. He voiced his support of this project. Mr. Simms reported that Mr. Mitchell
had not notified the Architectural Review Committee regarding the renovations on his property.
Mr. Irv Jason and Mr. Tom McGee spoke in support of the project.
Mr. Ken Baehner spoke in opposition of the project and submitted into evidence an
excerpt from the Land Development Code and a diagram (Respondent-9). There was no
opposition to the submission. Attorney Theriaque had no questions for Mr. Baehner.
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Attorney Boyd asked to submit two displays referenced by opposing witnesses into
evidence. (Respondent 10, 11) There was no objection to the submission.
Attorney Theriaque reported there were approximately 30 people attending who wished
to speak in support of the project. In the interest of time, Attorney Theriaque asked all the
supporters of the project to stand.
The meeting briefly recessed.
Attorney Theriaque called Mr. Patrick Hodges, The Patrick Hodges Land Studio, a
professional landscape architect, and questioned him as to the number of lots built out in Sand
Cliffs. He also asked the number of condominiums and the range of building heights. Mr.
Hodges stated approximately 70 lots had been built out within the subdivision. He also reported
there were approximately 70 condominium units and there were various heights of the buildings
with some being as tall as 3-6 stories.
Attorney Theriaque called Ms. AHara Mills Gutcher, The Planning Collaborative and
Gadsden County Planning Director, to briefly summarize her educational and professional
experience. He asked that Ms. Gutcher be recognized as an expert witness. There were no
objections. Ms. Gutcher testified regarding the compatibility analysis of the southern portion of
the project. She concluded the southern portion is compatible with the adjacent uses.
Attorney Theriaque presented his closing remarks. He reported there was unanimous
approval at the Planning Commission leveL He discussed the quality and benefits of this project
and presented rebuttal to the comments presented by those who opposed the project. He
requested approval of the project.
Motion by Commissioner Imfeld, second by Commissioner Jones, to approve Kaiya PUD
contingent upon conditions as stated in the Staff Report being met.
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27
Commissioner Meadows said the St. Joe Development Order is to submit bi-annual
traffic reports, perform levels of service on surrounding roads, and an analysis of the
intersection. She asked to add to the motion a requirement that Walton County, Kaiya
representatives, and S1. Joe address the intersection improvements. Attorney Davis said
prepatory language could be added to the Development Order which would suggest the request
for the parties to address the intersection improvements. Commissioner Imfeld asked if a
separate motion would be needed. Attorney Davis said it could be classified as a non-binding
condition. Commissioner Meadows asked to add to Condition 8 that signage be placed on C.R.
30A informing everyone that it is a public bike path and trail way through the project.
Motion amended by Commissioner Imfeld, second by Commissioner Jones, to include
the requests presented by Commissioner Meadows.
Attorney Theriaque stated the applicant had no objections to the signage and the non­
binding condition. He asked if the motion included the south parcel alternative which includes
the cabana, the enhanced vegetation and two walls. Commissioner Imfeld replied it did.
Ayes 4, Nays O. Comander Aye, Jones Aye, Imfeld Aye, Meadows Aye. (Exhibits: Staff
Report-I; Petitioner-2; Respondent 3-8; Respondent-9; Respondent 10-11) (Ex Parte:
Comander, Jones, Imfeld, Meadows, Chapman-absent)
Motion by Commissioner Meadows, second by Commissioner Imfeld, to move the Kaiya
PUD Overlay Ordinance to second reading to be held on June 14, 2016 at the Courthouse Annex
in Santa Rosa Beach at 5:00 p.m. or soon thereafter. Ayes 4, Nays O. Comander Aye, Jones Aye,
Imfeld Aye, Meadows Aye.
There being no further items to present, the meeting was adjourned.
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Approved:
~~
Sa
Attest:
Comander, ChaIrman
~~~~~--~=------------------------
d, Clerk of Court and County Comptroller
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