- April 18, 2024
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The Flagler County Commission voted 3-2 the night of Nov. 16 to allow for the creation of a residential development along John Anderson Highway — initially called The Gardens, and now renamed the Hammock Beach River Club — that has stirred opposition from locals.
Commissioners David Sullivan, Joe Mullins and Donald O'Brien voted in favor of approving the 335-home development, while Commissioners Greg Hansen and Charlie Ericksen voted against.
"We’re making a decision here that's going to have a large impact on our county."
— GREG HANSEN, county commissoner
The County Commission's approval came with conditions, requiring that the development be subject to conditions within an original 2005 Planned Unit Development plan, that exact acreage uses are delineated in site plans, and that no wells may be drilled. But it did not include a set of conditions advocated by the city of Flagler Beach, which had opposed the plan as it was written.
"This is difficult, there’s no doubt about it," Sullivan said before the vote. "It’s very hard."
Hansen spoke of the impact of the coming development.
"This is a big change to Flagler County," Hansen said. "We’re making a decision here that's going to have a large impact on our county."
The meeting was the formal conclusion of a year-long struggle between developer Ken Belshe and a community group that has opposed the proposed development, saying it will degrade the environment and worsen traffic and, possibly, existing stormwater drainage issues in the John Anderson Highway area.
The developer has said that the proposal is merely the completion of a proposed "planned unit development," or PUD, that the county had approved in 2005 when it was submitted by a previous developer, Bobby Ginn.
The opponents — including the city of Flagler Beach — held that the proposal differed enough from the one presented in 2005 that it should go back through the full development approval process again.
"Does anyone really think this is the same project that Mr. Ginn got approved?" said John Tanner, the attorney representing the local group Save Flagler Beach and Bulow Creek. "Does this really look the same in any respect except for the geography of the property?"
Tanner called as a witness David Tillis, a land use planning and entitlements consultant who'd been the senior planner on the Hammock Dunes Development of Regional Impact.
"This project fails to meet the purpose and intent of a PUD," Tillis said. "There is nothing creative or innovative about this site plan. ... This is a cookie-cutter 'anyplace Florida.' ... This site deserves a better site plan. Flagler County deserves a better site plan for this site."
Representing the city of Flagler Beach, Flagler Beach City Attorney Drew Smith said that county staff had noted in a report that the 2005 agreement was developer-focused.
"I agree wholeheartedly with that: It is a very developer-friendly developer's agreement," Smith said. "To add insult to injury, the developer is now here before you to take further liberties — to say, 'Let's take this really generous developer's agreement and make it even more generous.'"
Smith said he believed the County Commission was being taken advantage of, and encouraged the commission to retain the county's leverage over the project.
"Once you say yes tonight, they’re going to build what they want to build," he said. "But a developer who has a possible 'No' hanging over their head always works harder than one who can give it to you if they want to."
The city of Flagler Beach had suggested that the County Commission require the developer to meet four conditions — that it show, subject to the county's verification, that it won't impact water flow in a way that harms existing properties; that it commit to using the city of Flagler Beach's reclaimed water to irrigate its golf course; that any increases in density require a PUD amendment or rezoning; and that it either build an "off-grade" crossing (an overpass or underpass) on John Anderson or, if it opts for an at-grade crossing, demonstrate that the at-grade crossing won't adversely affect residents, workers and adjacent properties.
Larry Torino, the city of Flagler Beach's land planner, said the proposed developments' acreage measurements don't add up, and that the proposed golf course, as presented, would not be functional — with landing areas that would actually be in a roadway.
Chiumento said the proposal isn't a PUD modification but an existing PUD, and that the proposal meets state and county requirements designed to prevent new developments from causing environmental degradation or drainage and traffic problems.
"This thing has been through your staff for a good year," he said. "All of your experts have put forth what they believe in the staff report."
Belshe said that assertions that the development would degrade Bulow Creek aren't factual.
"We don’t own any of Bulow Creek," he said. "We''re not here to talk abut developing Bulow Creek. We're talking about the east side of John Anderson."
"There's a litany of government agencies that require us to follow all of the rules and regulations," Belshe told the commission. "We do it, and we do it consistently. And I would just ask that you support us and do the right thing."
