Walton Planning Commission wrestles with borrow pit ordinance

By BEN GRAFTON
At the beginning of the Walton County Planning Commission meeting of Nov. 13 in the South Walton Courthouse Annex, there was one announcement: the agent for Rosemary Beach asked for a continuance of their major development application review until the meeting of Dec. 11, 2014. This request was approved by the commission and dropped from the agenda.
Planning Staff member Brian Underwood presented a proposed mining ordinance amendment to the Land Development Code that would establish a review process and criteria for temporary small scale mineral extraction and pond construction projects in Large Scale Agriculture and General Agriculture future land use districts.
Walton County resident Chester Carter spoke to the Commission and said, “We own 467 acres that we live on. Presently we’ve been permitted by NRCS (Natural Resources Conservation Service), the federal agent, and Northwest Florida Management Division, the state agent, for a 15 acre upland pond 15-feet deep. The problem with that is that Ordinance 2010-10…only allows for a 5-acre pond 12-feet deep and it also stipulates that no material can be excavated from the site… So, we ask… the commission to amend the ordinance consistent with federal and state guidelines.”
In response to questions from commissioners, Underwood said, “This ordinance does two things. It allows someone to construct a dry upland borrow pit and it allows someone who is constructing a bona fide agricultural farm pond…the leniency to sell or give away the excess soil material.”
He also said, “For a pond it limits — as long as your pond is a bona fide construction of an upland pond, under 373.406 Florida statutes, it can be 15 acres or less and a depth of less than 15 feet.”
Commissioner David Kramer said, “So, if you’re not using this as a borrow pit, then this ordinance really doesn’t apply,” and Chairman Teddy Stewart said, “This really would not apply to what Mr. Carter is talking about.”
“Since there are already seven pits in south Walton,” Commissioner Lee Perry said “….wouldn’t it be reasonable to limit this ordinance to property north of I-10 because that’s where the problem is?”
The commission approved a motion to send the ordinance on to the Board of County Commissioners (BCC) recommending approval with changes to provide: a bond to assure correct closure of the temporary borrow pit, denial of a permit to anyone with an outstanding code violation, language to enable borrow pits on smaller parcels to be 12 percent or less of the parcel size, and language to only apply the ordinance to properties north of Interstate 10.
In other business, a small scale amendment application was submitted for Dale E. Peterson by Preble-Rish to change the future land use designation of 0.668 acres on the north side of CR-30A between North Gulf St. and North Lake Dr. from Residential Preservation to Neighborhood Commercial was reviewed. The application will be sent to the BCC with a recommendation for approval for the two lots on the west side of the property.
A major development application order submitted by Seascape Town Center was presented by Stantec Consulting Services for approval to build 51,665 square feet of buildings on 6.72 acres. The project would be used for retail, restaurants, an entertainment events plaza and 274 parking spaces and it would be located 4,400 feet east of the intersection of Holiday Road and U.S. 98. The future land use would be Coastal Center within the Seascape Development of Regional Impact. The commission will send the application on the BCC with a recommendation for approval and with a stipulation that, because of traffic problems,  a traffic light be included in the project.