Inlet Beach right-of-way abandonments are denied, proposed driveway/road is nixed [PREMIUM]

LOCATION MAP for the proposed Pompano Street Right-of-Way Extension proposal.

By DOTTY NIST

The Walton County Board of County Commissioners (BCC) has turned down two requests to abandon an undeveloped right-of-way that, if developed, would extend Pompano Street from South Orange Street to the east across a number of lots in the Inlet Beach community. The officials also turned down a developer’s request to build a driveway or road across the same right-of-way area.

The decisions took place at the BCC Sept. 24 regular land use meeting at the Walton County Courthouse.

The Inlet Dunes Petition for Abandonment, the first of the three proposals on the agenda, came forward with a request by applicants Inlet Dunes Homeowners Association for a 60-day continuance. This was due to another property owner having recently joined in requesting abandonment of the right-of-way.

Approved 3-2 after BCC and staff discussion and public comment was a motion by District 2 Commissioner Danny Glidewell not to grant the continuance but to proceed with hearing the request for abandonment.

The abandonment request applied to the 33-foot portion of the right-of-way located on the 18-unit Inlet Dunes Condominium property. This abandonment proposal was a companion proposal to one by the Kidd family regarding the 33-foot-wide portion of the corresponding undeveloped right-of-way on the south side of the family’s two adjacent lots, which front U.S. 98.

The right-of-way areas requested for abandonment are under the ownership of the property owners making the requests.

Robert Kauffman, an attorney representing the Inlet Dunes Homeowners Association, argued for approval of the abandonment but also presented options for BCC consideration if the commissioners decided against the abandonments and voted to allow the driveway/road to be constructed in the right-of-way.

Kauffman told the commissioners that the right-of-way “serves no public purpose” since it ends up back at U.S. 98 at its eastern end.

He requested that if the BCC did approve construction of the driveway/road, that they open it up at only a total width of no more than 50 feet rather than the full 66 feet.

Representing the Kidd family, attorney David Theriaque called the roadway that the developer, Inlet Beach Capital Investments (IBCI), was asking to construct across the right-of-way “a roadway to one lot.” The road/driveway would serve IBCI’s lot located adjacent and to the east of the Kidd family lots on U.S. 98.

Theriaque emphasized that the IBCI lot is not landlocked but has frontage on U.S. 98.

He told the commissioners that the right-of-way contained on the lot owners’ patent deeds is “on offer to dedicate to the county.” Until the county accepts the offer, he said, “It remains an offer.”

Theriaque also maintained that, by law, the purposes for the right-of-way are limited to public road or public utilities.

In order to leave room for water utilities, the parties requesting the abandonments had agreed to leave 7 1/2 feet of right-of-way width unabandoned for this use.

The commissioners voiced concern that it could be possible that “we may need” the full right-of-way for a public purpose that may not be known at this time.

District 5 Commissioner Tony Anderson observed that when easements or right-of-way are abandoned, “It always comes back to bite the county.”

Engineer Dean Burgis, representing IBCI and company owner David Pearson, argued that there would be a public purpose for the proposed roadway that IBCI is offering to build across the right-of-way. If an accident occurs on U.S. 98, he maintained, the road would provide needed access to all properties along the roadway, including the Kidd family lots.

Much public comment was in favor of the abandonments. Temera Anderson, a Kidd family heir, told the commissioners that the roadway would open up approximately 40 property owners to “beach traffic” and voiced concern about liability that she believed would be incurred by property owners over whose lots the roadway would be built.

Lance Moody also urged for approval of the abandonments, saying that the developer is seeking to “abuse” neighbors’ rights by constructing the roadway.

Other public comment came in favoring the county retaining the right-of-way but not allowing the road to be built across it. Joey Steffen, owner with his wife Mala of the neighboring Mala Beach subdivision, spoke in favor of of the latter course of action, also suggesting a narrow golf cart road down the center of the right-of-way.

Mala Steffen called for protecting the right-of-way and leaving it undeveloped in the interest of neighborhood aesthetics and quality of life.

A motion by Glidewell to deny the Inlet Dunes Petition for Abandonment carried unanimously, resulting in failure of the request.

The officials then took up the other abandonment proposal, the South Orange Street Right-of-Way Abandonment.

In public comment, Cappy Kidd brought up a new offer by the abandonment applicants to allow a public bicycle and walking path along the right-of-way with approval of the abandonment.

Claudia Homel also spoke in favor of this “compromise pathway.”

With a BCC vote taken, the South Orange Street Lots Right-of-Way Abandonment was denied unanimously, as had been the previous abandonment request, resulting in failure of the request.

Turning to the road request, the Pompano Street Right-of-Way Extension, the commissioners heard again from Burgis, who emphasized that the road would be public and that IBCI would bear the entire cost of construction. He was of the opinion that the road would benefit the properties that it would cross.

Speaking for the Kidd family and in opposition to the road, attorney Theriaque emphasized that the road project applicant is not the owner of the property where the road would be constructed. None of the improvements, he noted, would go on IBCI’s property with the proposed road plans. “They are not landlocked; they have no need for this driveway,” Theriaque added.

Curtis Smith, an engineer enlisted by Inlet Dunes homeowners, spoke of plans that he had developed for consideration in the event that the BCC were to approve the road. The plans were aimed at reducing the impact of the road on property owners, providing for a narrower roadway with a permeable surface and an exfiltration system under the road. The plans also showed a turn around on the property that the road would serve (IBCI’s lot).

Burgis indicated that his client would consider the plans, even though it would increase the cost burden on IBCI.

Kauffman concluded by summarizing that his clients believed the correct decision would be complete denial of the road.

Several owners of property containing the right-of-way and neighbors of the property also joined in speaking against the road.

However, asked to speak, Walton County Traffic Operations Engineer Chance Powell was of the opinion that the proposed road would benefit the properties that would abut the roadway.

District 3 Commissioner Melanie Nipper moved to deny the road request. Her motion was seconded for discussion, and more discussion followed.

Glidewell voiced concern about additional curb cuts on U.S. 98 that would be required when the now-vacant Kidd and IBCI properties were developed, if the road were not constructed in the right-of-way.

With the Kidd family lots likely to be sold to other parties in the future, Nipper suggested allowing the buyers to decide whether they wanted their driveway to go on their land (in the undeveloped right-of-way) or not.

“Do we need a road now?” she asked, then concluding, “It’s not needed now.”

Nipper’s motion to deny was approved unanimously, resulting in failure of the road proposal.