Deer Run Subdivision in Beulah: How did 50' Lots Get Approved?

A series of events began back in 2007-2008 that control and delineate what size lots will be allowed to be constructed at Deer Run in Beulah.  Read the facts below....

A legitimate question was raised by a citizen regarding the 50' lot widths allowed in various locations within the currently-under construction Beulah Subdivision known as Deer Run.

"How could this happen when the 50' lot widths do not meet the current code?" was the essence of the question from this individual.

So I asked staff to research this and they have provided the chronology of how this happened and the legitimate reasons why this occurred.

Some believe that I personally am responsible for all the growth out in Beulah.  Some that are really completely and totally out of touch with reality espouse the fiction that 5000 homes have been built in Beulah in the last 2-3 years "Since Bergosh was elected commissioner."  Of course this is not true.  The truth is the lion's share of the development that we are all now living with out here in Beulah (because I live here too, since 2004)--- was approved before my tenure on this board began in late 2016.

These 50' lots in Beulah at Deer Run are a great example.

Look at staff's chronology of the events that led to this approval, much of which took place more than a decade ago.....

Deer Run Subdivision in Beulah: 10 Questions Asked and Answered

What are the facts surrounding the allegations leveled against the  Deer Run Subdivision in Beulah?

There has been a significant level of scrutiny applied to the Deer Run subdivision currently under construction in Beulah.  There were issues with the holding ponds, and there were issues with wetlands clearing and sediment infiltration.  A group of the neighbors asked for me to host a meeting with them and the developer at the property--which we did.

Now, a sweeping list of 10 allegations has been made against Deer Run's developer.  I have relayed the concerns expressed in this email blast with BOTH the developer and with staff.  For staff, my request was simple: run these allegations to ground and tell me if there is any truth or substance to these allegations, and we will go from there.  When I spoke to the developer's representative--he was exasperated.  "Jeff, we are doing everything we said we would do, we are complying with the consent order and fixing the ponds.  If there is something else we need to fix, we will fix it!"

So late this week I received back the answers to the questions that were posed, which I am going to publish below.  Here is my position on this matter:  Everyone must abide by and comply with our LDC, to the letter of the ordinance.  If they do, and they have approved plans, then they can and should be allowed to continue to build.  If, on the other hand, a developer does not do as is specified in the code--there should be appropriate sanctions and a delay in approvals going forward.

to me it is very basic and simple.  Do what's right, get your permits and carry on.  Cut corners or worse--don't comply--and you will not be moving forward.

According to staff and from their assessment of the 10 allegations presented, it appears as if this developer is doing as requested and as expected, but by all means judge for yourself by reading the 7 pages of questions and answers below:

Deer Run Owners, County Staff, and DR Horton Representative Meet

Residents address their County Commissioner, me (left) and Mr. Crain Rogers (right) of D.R. Horton, at a meeting of the homeowners of the Preserve at Deer Run on Thursday, September 29, 2019 in Beulah

The Preserve at Deer Run homeowners, a representative from DR Horton, myself, and county staff met last night in Beulah.  

The residents, several of whom were frustrated for various reasons, requested this meeting.

 The issue of most concern among those with whom I spoke before the meeting was the uncertainty of whether or not a second accessible road would be provided for the residents of the subdivision to use.  

Several residents told me they were assured there would be a second accessible entrance/exit for residents.  But Crain Rogers from D.R. Horton quickly dispelled that rumor.  "The plan from the beginning was to build the boulevard exit in the front, and have an emergency access only in the rear, for use by ambulances and emergency vehicles--as is stipulated in the county's code" Mr. Rogers stated clearly.

Then one couple spoke up and supported the concept of the single in and out access point.  "We lived in a D.R. Horton Subdivision in Santa Rosa county for many years that had one entrance--and that development had 590 homes in it.  The one entrance and exit worked out very well, we liked it" stated the husband.  "If you want a truly gated community, then one exit works the best, otherwise others will use our roads as a cut-through and have access to our subdivision" he continued.

Several residents were visibly unhappy about the realization that the neighborhood would, in fact, have only one entrance. 

"If we're not getting the second entrance, and it sounds like we're not--then we have to get control of these roads and prevent the speeding and the residents' parking on the street!" one man stated.

One woman stated that the solution there was a strong HOA:  "At the last neighborhood we were owners in, the HOA was aggressive about controlling speed by using speed bumps, stop signs, and other methods."  

I mentioned several large subdivisions that have only one entrance and that function well--including

 Marcus Pointe in D1 that has 569 houses and one entrance.  And then I mentioned Nature Trail-a huge subdivision that has 650 homes and two entrances.  "Even with two entrances, there are many Nature Trail residents that DO NOT like the second, back entrance for security reasons" I stated.

It is hard to get a policy on the books that pleases everyone.

I told the residents that we could look at amending the Land Development Code going forward so that large subdivisions would be required to have more than one entrance.  I told the residents I would float that idea at a meeting of my peers and have it looked at by the planning board.  Several residents requested that I do just that--even knowing it would have no bearing on construction in Deer Run.  So I will be doing this.

Residents address their County Commissioner, me (right), Asst. County Engineer Colby Brown (center) and Mr. Crain Rogers (left) of D.R. Horton, at a meeting of the homeowners of the Preserve at Deer Run on Thursday, September 29, 2019 in Beulah

The next issues were about deficiencies with the construction.  Several couples complained about not getting responsive action on serious issues within their individual homes.

"My house has no insulation in it---zero!" complained one man loudly.  "We have called and nobody comes out--why is that" the gentleman asked Crain Rogers.

Another man complained about loose wiring in his front yard that nobody can identify, and nobody is addressing "There is wiring in my front yard sticking out--I've called and nobody says it is theirs.  Cox blames Gulf Power, Gulf Power Blames AT&T--but nobody fixes it and my yard is torn up" Complained this gentleman.

Another woman complained about construction activities associated with the remediation/repair of a storm pond near her house  "It is banging, loud crashing sounds out there starting at the break of dawn every day---and the smell is overwhelming!" she stated.

The D.R. Horton representative, Crain Rogers, explained that the noise is and was associated with the retention pond repairs--which he stated were being wrapped up soon.

Residents address their County Commissioner, me (left) and Mr. Crain Rogers (right) of D.R. Horton, at a meeting of the homeowners of the Preserve at Deer Run on Thursday, September 29, 2019 in Beulah

"I have the contact information for the folks in my organization that can handle these issues" stated Rogers.  Leave me your information here in this binder and I will get you with the folks that can address these issues." he stated.

The meeting lasted for about an hour and a half, and I believe it was a constructive meeting and that most of the residents were glad we held.  I look forward to that neighborhood forming their HOA and getting a handle on some of the issues within its control--and I believe this meeting will be the catalyst to form a strong HOA with strong covenants going forward.

My thanks to all who attended:  residents, staff, and DR Horton representative Crain Rogers..

Deer Run Homeowner's Meeting Tomorrow Night---Residents NOT Happy...

Residents are upset about numerous issues at Deer Run and have requested a meeting to air these issues with me, county staff, and D.R. Horton Representatives....

I've been asked by residents of the Preserve at Deer Run, a D.R. Horton Development in Beulah, to attend a meeting tomorrow night at 7:00 at their subdivision.  I have asked staff to accompany me to this meeting, and I have also invited representatives from D.R. Horton to come as well.

The issues with this subdivision are many, primarily having to do with environmental compliance issues and issues with the retention ponds thus far--- but there is an overall feeling among the residents with whom I have spoken that they are not getting what was promised them when they bought in this subdivision with respect to access.

The biggest issue is the egress and ingress.

"We were promised there would be two entrances and exits for the resident's use" one homeowner told me when I spoke to her.

I have heard this same sentiment from other homeowners as well.

(Full disclosure, the current plan with one entrance/exit plus an emergency access point, the plan that has been submitted and approved by D.R. Horton-- meets the current county code.  We have several large subdivisions in Escambia County with one entrance and exit; Marcus Point has more than 500 homes with one entrance and one exit.  Nature Trail has 659 homes with two entrances on 9-Mile

Deer Run in Beulah: Wetlands Damage Remediation Plans moving Forward Quickly

County staff and developer DR Horton are working toward a resolution of multiple environmental issues at Phase I of the Preserve at Deer Run in Beulah.

Over the last several days there has been a flurry of activity on Phase 1 of the Preserve at Deer Run subdivision in Beulah.

Several Issues have plagued that development over the last several months, culminating in penalties being assessed by the North West Florida Water Management District (NWFWMD)

(The four holding ponds in phase one were not/are not draining properly--that issue is being worked via a re-design and that work to correct the issues with the ponds is moving forward so far as I have been told)

A consent order between NWFWMD and DR Horton, the builder, is slated to be signed by this Friday.

Meanwhile, county staff and the environmental engineer hired by DR Horton (Wetland Sciences) have been going back and forth via email.

A very detailed draft mitigation strategy document has been put forward by the DR Horton's environmental contractor, and county staff has read it and added additional stipulations that must be met before the county issues Certificates of Occupancy (CO) for five homes that are poised for closing before the month's end.

(County staff are standing firm that the CO's will not be issued until the remediation plan is accepted by all parties and the work to remediate the wetlands and wetland buffer zones begins)

Stipulations that the county is requiring, over and above what has been put forth in the document from DR Horton's environmental engineer, include the following:

• Monitoring for the restoration areas shall be for 5 years, including annual reports, and annual replanting (if needed) to assure 80% survival during each reporting period
• For areas proposed for restoration within the wetland buffer, weed free mulch that is a minimum of a 2” thick, 18” diameter shall be installed around each plant unit to enhance survivability and minimize competition*  
• With the proposed sizes of trees and shrubs offered, trees should be on 12’ centers and shrubs on 6’ centers*
• A alternating planting diagram will need to be submitted and approved to be able to verify counts and appropriate location
• All nursery stock shall be Florida Grade 2 or better and documented as such

* If larger plant stock is proposed, then plant unit spacing and mulch requirements may be reconsidered

Deer Run: County Staff, State Officials, DR Horton Reps and Local Environmental Consultants and Engineers Met Today

A closed-door meeting about the Deer Run Subdivision in Beulah was held at the County's Development Services facility

The Preserve at Deer Run, a subdivision in Beulah, has had some issues.

Earlier this month, after a series of citizen complaints, the builder DR Horton was hit with a hefty fine by the state.

Several retention ponds were not functioning properly and some wetlands and boundary areas had silt and muddy water infiltration.

A consent order had been drafted and delivered to DR Horton by the NW Florida Water Management District--however this document had not been signed as of today.

This afternoon, County staff, state officials, DR Horton reps, local Environmental Consultants, myself and the project engineer all met at the County's One-stop building off of Fairfield Dr.

The meeting was not open to the public, and although Channel 3 had a crew at the site, they were not permitted entry to the closed-door meeting.

The primary issues discussed today were getting this development back on track, getting the four retention ponds in phase one functioning properly, remediating several areas of wetlands and boundaries that had been infiltrated by muddy runoff, and getting the boundary areas of 6 lots remediated so that five families that have already purchased these houses can move in. (The county will not issue the Certificate of Occupancy for these five lots until the remediation is approved and underway.)

The engineer of record for the project stated that he had completed initial plans for fixing the retention ponds, which he described as not functioning properly due to lateral ground water flow at all four pond locations.

An environmental engineer hired by the builder stated he would have the remediation plan for the wetlands infiltration on this project and in this phase prepared as early as tomorrow, Tuesday the 26th of March.  He acknowledged the fact that it would need to be run through DR Horton corporate personnel before it would be sent to the county--and this process would take a few additional days.

The initial 2-week period given by the Northwest Florida Water Management District (from March 5th-19th)for DR Horton to sign the consent order had expired;  upon my asking why, it was disclosed that DR Horton had asked for a brief extension of time to review this consent order.  I asked point blank when it would be signed, and I was told it would be done "By this Friday."

A 9 page consent order has been issued to DR Horton by the NW Florida Water Management District.  It will be finalized by this Friday according to state officials with whom I spoke today..

So we will see what happens next.  According to one staff member that actually lives in this subdivision, the builder has, over the last several weeks, attempted to do a better job of protecting the wetlands.

Deer Run in Beulah: Problems with the Ponds......

Staff of the planning and zoning department identified issues with multiple holding ponds at Deer Run this week....

I received some email traffic late in the week about the situation with a development out in Beulah called "The Preserve at Deer Run."

Two weeks ago, a citizen's complaint drew intense scrutiny on this development that eventually led to  a $24,000.00 fine being levied, along with a very specific order mandating corrective action.

On Thursday of this week, staff from planning and zoning made the decision to NOT issue any more

Certificates of Occupancy (COs) for this development until all deficient issues are addressed---to include multiple issues identified this week with the development's four holding ponds.  from staff:

"All ponds are holding water. There is some erosion on one pond ramp. On another pond there is sediments on the slopes from what appears to run off from home construction."

A different staff member chimed in that "it appears that currently all four ponds are not functioning as designed. I’m attaching Tom’s e-mail to Dana Palermo with WMD. Pond A was in better shape than others at the time of final plat.. all ponds shall be watched throughout 2-year compliance period."

The Builder responded, requesting a meeting.  "I’d like to request a meeting to discuss the current situation at Deer Run. This meeting’s intention is to display DR Horton’s willingness and preparedness to address the county’s concern over issuing additional COs for new homes at Deer Run. Our Remediation plans are currently being formed and the Fl DEP and NWFWMD have both visited the site in recent days to evaluate our BMPs."

Staff will accommodate the builder's request for a site visit with all stakeholders the week of March 22nd--where all the issues with this site will be looked over to include the issues with the ponds and the mud runoff leeching into the wetlands.  I have requested that this meeting be put on my calendar; I will be attending this meeting.

Deer Run Development in Beulah Cited for Non-Compliance, Fined $24,000.00

Screen grab from a video posted on facebook, showing muddy water flowing from the Deer Run development into the adjacent wetlands....

Screen grab from a video posted on facebook, showing muddy water flowing from the Deer Run development into the adjacent wetlands....

The developers of the Preserve at Deer Run were fined and also compelled to take corrective actions to bring their development back into compliance.  From the Engineer of Record for the project:

"NWFWMD issued a consent order today which included tasks and timelines required to bring the project into compliance. The consent order also included a $24,000.00 fine.

No written documentation from the USCOE and FDEP have been issued as far as I know"

This development's issues were spotlighted last week by a concerned citizen that visited the site, took videos, and posted on social media.  Additionally, this individual sent an email blast (below) to multiple entities and state agencies.  Someone was obviously paying attention, and today, according to the engineer of record, these sanctions were handed down to the developer.