- April 25, 2024
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The two parcels that make up Colbert Landings. Image courtesy of the city of Palm Coast
Future land use map of Colbert Landings area. Image courtesy of Geosam Capital US
Geosam Capital US, owner of the proposed Colbert Landings subdivision, had agreed to pre-pay the Flagler County school district $357,480 that eventually would have been applied to the development’s school impact fee.
But the district won’t be accepting that payment.
Pending the county’s decision to accept or adjust the school district’s proposed impact fee increases, the School Board voted to table the agreement with Geosam and all other negotiations involving proportionate share mitigation.
The school district said tabling the agreement with Geosam Capital US and putting a hold on negotiations with other developers was necessary “until an impact fee adjustment is finalized, and the district is able to assess how new capacity needs will be funded.”
Patty Bott, the school district’s coordinator of planning and intergovernmental relations, recommended the move, which the board unanimously approved at its Sept. 21 meeting.
Bott said tabling the agreement with Geosam and putting a hold on negotiations with other developers was necessary “until an impact fee adjustment is finalized, and the district is able to assess how new capacity needs will be funded.”
Nick Powell, Geosam’s director of land development, said he was told about the district’s recommendation just 30 minutes before the board meeting.
He said the agreement should move forward regardless of what the new impact fee is determined to be.
“Our argument is the impact fee doesn’t affect our agreement. Our agreement is based on the current impact fee,” Powell said. “If the impact fee increases the builder will still be responsible to pay that difference.”
School concurrency proportionate share mitigation agreements are based on the number of students generated by a proposed development and how many new student stations the district would have to accommodate.
Geosam is seeking approval from the city of Palm Coast for 482 single-family homes to be built at Colbert Landings.
According to the single-family generation rate – the ratio of students living in single-family homes to the number of single-family homes in the county – the district anticipates the development will add 118 students to the district’s enrollment.
Of that number, 69 are anticipated to be middle school and high school students for which adequate school capacity is not currently available, Bott said.
The development’s ultimate proportionate fair share is estimated to be just under $2 million, which would be paid through impact fee. With the current impact fee for single-family homes, the development would pay about $1.7 million. The district had proposed doubling the current impact fee from $3,600 per home to $7,175.
The $350,000 Geosam had agreed to pay up front would have been returned in impact fee credits, Bott said.
“If (the impact fee issue) drags on, who knows how this will affect the permitting process?”
NICK POWELL, Geosam Capital US director of land development
By tabling the agreement and holding off on all other negotiations with developers, the city is essentially putting a hold on all development in the city, Powell said, because proportionate share mitigation agreements are required for final plat approval.
“Tabling all mitigation agreements is a knee-jerk reaction," Powell said. "If (the impact fee issue) drags on, who knows how this will affect the permitting process?”
Colbert Landings’ subdivision master plan was approved over a month ago. Powell said they are looking to break ground at some point during the first quarter of 2022.
“I think the (district) staff is doing an injustice to the School Board,” said Powell, who added that he had asked to state his case when the agenda item came up at the School Board meeting but was told he could only speak during public comment.
Bott said 70% of all permits this year have been issued to ITT lots, which do not have to do proportionate share mitigation but still have to pay impact fees.
“The impact fees are a big part of our funding,” she said. “If we don’t have the funds through an adequate impact fee, it will give us a shortfall in funds to build a new middle school or high school.”
