By DOTTY NIST
“People were trying to build a modest house on a lot…this was not working,” Wayne Dyess said as proposed changes to regulations for lots in the Coastal Dune Lake Protection Zone (CDLPZ) were discussed.
Dyess, Walton County planning and development services director, addressed attendees at a Dec. 16 forum at the Coastal Branch Library. The meeting was hosted by the South Walton Community Council (SWCC). Matt Jones, a new SWCC board member, served as moderator.
Mac Carpenter, Walton County planning manager, also commented on behalf of the county.
The Coastal dunes lakes existing in the area are extremely rare, although similar bodies of water are also said to occur in Oregon, Madagascar, Australia, and New Zealand.
These lakes are fed by streams, groundwater seepage, rain and storm surge. When the lakes fill with enough water, they flow into the gulf through an intermittent connection with the gulf called an outfall.
Walton County’s Comprehensive Plan and Land Development Code set forth special regulations aimed at protection and enhancement of the dune lakes as environmentally-sensitive natural resources. Protective regulations were first established for the dune lakes on Jan. 5, 1993 but have not always been enforced as lots have been developed over the years.
Regulations to protect the dune lakes apply within the Coastal Dune Lake Protection Zone, which extends 300 feet around each dune lake and its tributaries.
Dyess emphasized that the county was not proposing any change to what he deemed the most important protection for the dune lakes, the shoreline buffer. This is a requirement for all development to be set back 100 feet from the edge of the lakes and their tributaries.
The stated purpose of the changes being proposed is to provide flexibility with regard to the amount of vegetative clearing that can occur on lots within the CDLPZ in order to make development of a single-family home on a lot within the zone less difficult.
Dyess said the two goals of the proposed changes were to protect the coastal dune lakes and enable people to use their property in a reasonable manner.
Carpenter explained that, for lots within the CDLPZ, only 25 percent of the lot outside of the 100-foot buffer may be disturbed. The rest must be left uncleared, according to current regulations.
Dyess commented that the county’s proposal is to increase this 25 percent to 50 percent.
The 50 percent would include the building footprint and other cleared areas, including driveway and parking area.
For comparison, Dyess displayed two drawings of what were referred to as typical lots in the CDLPZ, 5,600 square feet in size. One drawing showed the area allowed to be cleared under the 25-percent requirement, which came to 1,400 square feet. The other showed the clearable area under the 50-percent requirement, which came to 2,800 square feet.
Alan Ficarra asked if stormwater treatment would be excluded from the area required to be left undisturbed. Dyess responded that this the case currently—but that allowing an exemption for stormwater treatment is proposed as part of the changes, so that stormwater treatment could be placed outside the 50-percent of the lot that is allowed to be disturbed. He said the exemption is being proposed because stormwater treatment is so important to lake water quality and should be encouraged.
Stormwater treatment would not be allowed within the 100-foot buffer, Dyess clarified.
Anita Page pointed out that the 100-foot buffer only applies to lots abutting a lake. She called for a “science-based decision” on how increasing the area that could be disturbed to 50 percent would impact the lakes, particularly with regard to run-off. She was not sure that the “one-size-fit-all” approach was appropriate for all lots in the CDLPZ.
“We are definitely looking for suggestions and comments,” Dyess responded.
As discussion turned to challenges related to small lots, Dyess noted that the typical land development code sets a minimum lot size, but that Walton County’s does not.
Carpenter commented that subdivision regulations adopted in Walton County in 1965 set 10,000 square feet as the minimum lot size. However, he explained, when land prices later escalated, a compromise was reached to eliminate this standard. At that point, no minimum lot size was required as long as all remaining code requirements were met, he said. One single-family home at minimum is allowed to be built on any lot of record, Carpenter added.
He said the smallest lot that the county had encountered was 0.01427 acre in size.
Ficarra suggested taking the approach of addressing “problem lots” on an individual basis. Identify all small lots around the coastal dune lakes, and then consider setting provisions, he urged.
Jacquee Markel observed that when people go to build on a coastal dune lake, it is their responsibility to know how large a house they can build. If only a 900-square-foot house is possible and a person wants to build larger, they may want to consider not building on a lot in the CDLPZ, she reasoned.
Markel was not in favor of changing the CDLPZ requirements “so that people can build bigger.”
She pointed out that some lots in the CDLPZ are so small that increasing the area that can be disturbed to 50 percent may not even “work” as far as providing for owners to build on their lots. “You need to be a magician to build there,” she said of some of the smaller lots.
“We have these unique things here. We need to treat them uniquely,” she said of the dune lakes.
A Big Redfish Lake resident suggested a proactive approach. She called for using RESTORE Act funds and buy up small lots on the dune lakes for preservation. “That’s where we need to focus,” she said.
“We’re looking for any solution we can,” Dyess responded.
Dyess was asked what would happen if a home on a lot where CDLPZ requirements had not been followed were to be destroyed by fire or a storm.
He replied that such a property would be considered nonconforming. Under current standards, the home could not be built back without meeting the CDLPZ requirements, he said. Dyess explained that the proposal under consideration includes language to allow such a home to be rebuilt to the same footprint if destroyed.
The planners were asked how many lots would be impacted by the proposal. They did not have a total number of lots, but it was reported that there are 979 vacant lots in the CDLPZ.
As proposed, the changes would remove a listing of detailed criteria for development within the CDLPZ from the comprehensive plan and put it in the land development code. One effect of this would be to allow a property owner to request a variance from the criteria. This is because variances from the land development code are possible but not variances from the comprehensive plan.
Requests for variances from the land development code are considered by the Walton County Zoning Board of Adjustment, a volunteer board appointed by the county commission.
Dyess maintained that the comprehensive plan is meant to be a “guiding document” and that the level of detail included in the list is appropriate in the land development code, not the comp plan.
Anita Page urged for the list of detailed criteria to remain in the comprehensive plan. She saw these principles as “so essential” to the protection of the dune lakes that they should remain in the comp plan in order to avoid the risk of them being compromised by the actions of an unelected board.
“I think they need the utmost protection,” she said of the dune lakes.
Dyess differed, saying that there are standards for the granting of a variance and that he believed the variance process to be operating in a satisfactory manner.
Billy Buzzett spoke in favor of keeping the detailed list of criteria in the comp plan and in favor of protection of the dune lakes. He saw enforcement of the buffer with new development, along with encouragement of stormwater treatment, as very beneficial.
Asked by the Herald/Breeze what would currently be considered a reasonably-sized house, Dyess responded that this was “very difficult to say.” He added that some people would consider a 6,000-7,000 square foot house to be a reasonable size.
Old Miller Place resident Edmond Alexander asked what rights would be associated with his lot in the event he sold it, as the home on it was built in 1983 and purchased by him in 1987. He also asked what impact the CDLPZ provisions had on property values.
Dyess responded that, since the initial coastal dune lake protection provisions were passed in 1993, Alexander would potentially have some vested rights associated with his lot. He added that no potential impacts of the provisions on property values had been researched.
“I like what you’re doing, but you’re 20 years too late,” Alexander told the planners.
Carpenter concluded with the observation that if property owners find the current provisions to be too restrictive, challenge them, and they are found to be a “taking,” they could in effect be negated by a court, leaving no protection for the dune lakes.
Mary Konovsky, SWCC executive director, thanked Dyess and Carpenter for their participation. She encouraged members to continue to provide input on the issue.
The proposed changes to the CDLPZ regulations are tentatively scheduled for their first public hearing in conjunction with the Jan. 8 Walton County Planning Commission meeting, which is to begin at 5 p.m. and take place at the South Walton Annex.
Information on the SWCC is available on the web site www.southwaltoncc.org.
