Walton County’s Quasi-Judicial hearings last week, presided over by Judge Suzanne Van Wyk, addressed four significant cases, including the contentious Sunliner Diner and the SEC Freeport Hot Mix Asphalt Plant. These hearings, often the final step for projects facing opposition and potential Land Development Code issues, saw extensive legal representation and public debate.
Ultimately, no final decisions were made at the meeting; instead, the Magistrate appointed by the Walton County Commission will take the information received and rule at a later date.
The Sunliner Diner project, a proposed 10,086 square foot 1950s-style diner on 30A, generated over 4.5 hours of heated discussion due to concerns about its design, scale, traffic impact on Jetty Road, and consistency with the Land Development Code. Similarly, the SEC Freeport Hot Mix Asphalt Plant, a proposed heavy industrial development on Highway 20 W, faced strong opposition regarding its impact on residential areas, traffic safety, and county waterways. Judge Van Wyk did not issue immediate decisions, indicating that recommendations would be forwarded to the Board of County Commissioners within 20 to 30 days
To have a project reach a quasi-magistrate hearing, it must undergo several steps. In many cases, opposition to the project arises, and, more importantly, the proposed project is likely to have ‘potential issues’ with the Land Development Code (LDC) of the County. A building project reaches the final step before it can turn over dirt and start at the quasi-magistrate hearing.
Here, a magistrate (a type of judge) hears the County’s legal representation and professional staff from the County, along with representation from the applicant who is trying to move forward with the proposed development.
But the magistrate’s opinion is not the final say. After the magistrate writes their opinion the case, the recommendation goes to the Walton County Commissioners, who will decide by vote.
Several residents who attended the marathon meeting expressed their discontent with the magistrate process and argued that the County Commissioners, who will hear and vote on the recommendation of the magistrate, were attempting to shirk their duties to make difficult decisions by passing them to unelected bureaucrats.
In the case of Sunliner Diner, a heated debate has been ongoing within the county for months. According to Mark Davis, the attorney for groups opposed to the project, they can expect another 20-30 days of uncertainty while the magistrate decides on the case.
Members of the public have attempted to prevent the construction of a 10,000+ square-foot 1950s-style diner on 30A from moving forward. Opponents of the project cite the building design and loud music from 8:00 a.m. to 10:00 p.m. as reasons to stop the development.
The hearing took more than four hours for the project. County employee Robert Baronti gave an overview of the process thus far. Baronit reported the project had jumped through multiple hurdles on its way to this quasi-judicial hearing.
Mark Davis, a representative for residents near the project who oppose its approval, emphasized their objections. Residents near the project, he argued, would have a lower quality of life due to oversights in design, the overall plan, safety, and property access of the project.
Davis called several expert witnesses, including Walton County’s Director of Planning and Development Services, Stephen Schoen. Schoen decided for the earlier part of the approval process to change the project’s designation from a ‘minor’ project to a ‘major’ project for the earlier part of the approval process.
Mr. Schoen indicated that there were “inconsistency issues” with the Sunliner Diner relating to design, scope, and scale. He voiced safety concerns and the impact on 30A traffic due to the narrow entrance onto Jetty Road from 30A, which is the only access that will provide entry to the restaurant. The entry point is also the only access to the Blue Water Landing Subdivision, as residents and guests must enter through a gate almost immediately after turning onto Jetty Road.
Schoen mentioned that the proposed metallic make-up of the building is also a concern. Several residents made similar comments.
Another expert witness, Luis Serna, prepared a memo that seconded concerns regarding the proposed development. Serna’s memo noted that the Sunliner Diner project was not consistent with the County’s Land Development Code regarding the purpose and intent of the land. “My conclusion (regarding the Major Development Application Order filed by the Sunliner Diner) is that it is not consistent with the Land Development Code or the Comprehensive Plan because it does not qualify as neighborhood commercial. It is not pedestrian in scale and does not comply with the purpose and intent of the Route 30A Scenic Corridor overlay.” He continued, “nd just to cite the section of those codes where I received those terms. Section 2.02.18 – gives the purpose and intent of the Small Neighborhood district in which the proposed diner is located. Section 2.02.18 (b) Primary Uses allowed states Neighborhood Commercial uses subject to sub-section G, which are special development standards…Small neighborhood projects shall be pedestrian in scale and shall facilitate and encourage pedestrian use.”
Serna indicated that the Sunliner Diner is at least three times the size (in square footage) of what could be considered Neighborhood Commercial.
Serna acknowledged that the development order in question is approved for 20,000 square feet of commercial space, but “the intent of neighborhood commercial is that use, not be a single use…anything 20,000 square feet and/or 10,000 square feet that is being proposed is not neighborhood commercial. As I indicated, it is not pedestrian in scale.”
Other members of the opposition to the restaurant, including local restaurateur Nikki Nickerson and HOA president Brad Webster, voiced their opposition to the project along with Leigh Moore, the director of Scenic Walton.
One might wonder, after reading about the Sunliner Diner, why the proposed asphalt plant hearing was scheduled on the same day.
The proposed Asphalt Plant is scheduled to be built on Highway 20 W. It was initially classified as a Minor Development and was reclassified as a major development due to the inclusion of heavy industrial uses.
Rosanna Edwards, a Walton County Planning and Services Department employee, reviewed the application for the asphalt plant and reported that this property in Walton County had initially been used for an asphalt plant. “The use has not changed,” she said, referring to the land use. “The developer activity is new. [The old plant] did cease operation at some point. This would be a new development order – same use.”
Earlier in the approval process, the Walton County planning commission approved the development 5-1.
Edwards testified that the project is consistent with the LDC and the Comprehensive Plan and meets all requirements.
Gary Shipman, attorney for the company that wants to use the land as an asphalt plant, asked Edwards if the proposed plant met the county’s zoning, parking, setbacks, buffers, storm water, sanitary sewer, solid waste, and drinking water requirements. Edwards indicated that the project met the criteria. Shipman brought in two expert witnesses, an ecologist and a civil engineer, to give testimony on behalf of the asphalt plant company that had applied for the permit to use the land. Those experts informed the magistrate that the land had been previously used for the purpose and had displayed ecological evidence, and that the Florida Department of Transportation, not Walton County, was responsible for regulating traffic on State Route 20.
Jeff Howell is the Owner of SEC Asphalt and an applicant for this hot mix asphalt plant, and indicated he would use the land for an asphalt production facility – as his company needs to increase the amount of asphalt it delivers in the area and the nature of the product requires a close radius to construction projects to ensure it does not cool and harden on the way to the site.
Howell testified that the most attractive aspect of this particular site for an asphalt manufacturing plant is that the infrastructure is already in place, as a former asphalt plant has been located on the exact site. And he added that this parcel of land is zoned correctly. “ It is one of the few parcels in Walton County that is zoned for heavy industrial use,” Howell said, “So it met those two requirements.”
John Roberts, the Opposition Attorney representing the Protect Emerald Coast Alliance (PECA), called a witness, Jeffrey Buckholz, to testify regarding the six to seven problems he discovered with the DOT study presented by the SEC Asphalt team. Buckholz challenged Florida DOT’s reports, which he claimed were inaccurate.
Shipman, attorney for the SEC Asphalt, objected to the witness and sought to question his credibility and experience. After overruling the objection, the magistrate determined that the testimony being provided by the opposition was not appropriate for the hearing.
John Jannazo, President of the Protect the Emerald Coast Alliance (PECA), expressed concern with what he saw as a perceived lack of trust for Walton County Leadership and cited the Planning Department’s assertions that he claimed were untrue. Specifically, he noted that the previous iteration of an asphalt plant on the same site closed in March of 2010, not later, as he claims county personnel asserted.
Jannazo, a former Okaloosa County Commissioner, spoke of the impact that Highway 20 has as a two-lane highway. He reinforced others’ traffic concerns and linked them to the Land Development Code for the County, citing tourism and residential traffic along the road, mixing with heavy industrial traffic. “There is going to be a liability, and fatalities are going to happen,” Janazzo said, “There are 14 markers [Places recognized where people have died on this particular highway] between here [Freeport] and Niceville. Fatalities. Traffic is an issue. Fatalities are going to happen. [Law firm] Morgan and Morgan is going to roll in here. [The law firm will say,] Boy, look at this! It is going to be a [gold] nugget [of financial opportunity.]”
Janazzo then spoke about the impacts on residential neighborhoods and communities. He said, “Your honor, this asphalt plant is going to be within 3 to 6,000 feet of thousands of homes…Most of these homes were built after 2010 – more are coming – King’s Crossing.”
He then spoke about the impact of the proposed Asphalt Plant on the county waterways (wetlands and open water). He stated that stormwater ponds can be breached, and with this plant, we are “accepting a risk.”
He summarized his remarks to the Judge by adding that “We are not going away.”
Pro Communi Bono
St. Francis De Sales, Ora Pro Nobis!
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