- April 7, 2026
The Flagler County Commission has approved a parking variance for a new Mexican restaurant in The Hammock, despite concerns from residents.
In a dilemma between tree conservation and parking, the Flagler County Commission voted 3-2 to approve the application, with Commissioners Andy Dance and Greg Hansen voting against it. The approval came with the condition to retain a large oak tree in the rear of the property.
The owners of Modern Mexx are planning to move the former Fusion 386 restaurant at 5949 N. Ocean Shore Blvd. into the north east corner of the L-shaped lot. The existing building will be demolished and a new 2,800-square foot building will be built.
The restaurant will have around 92 seats, including a 20-seat bar, and nine employees, up from the five employees initially estimated in a previous review.
The owners also have an agreement with a neighboring coffee shop to be able to use five parking spaces in its lot for employees after 5 p.m. each day.
After the first review in March, the owners decided to submit two options for the commission to review. Both proposals removed the patio area outdoors and reduced the seating area from 1,800 square feet to 1,500 square feet, thereby also reducing the number of required parking spaces to 39.
Option one would include the variance for 33 parking spaces to preserve a large oak tree behind the building. Option two would remove the tree and shift the building more to the back of the lot to allow for the additional six parking spaces to meet code requirements.
In both options, the property has a 70% retention rate for the trees, when the county code only requires 50%, Growth Management Deputy Director Chuck Merenda said.
Commission Chair Leann Pennington said that at any point the owners could go with option two and lose the tree, without needing approval from the board, as that would meet code requirements.
“It's hard, because you're talking about parking, which is a major complaint up in The Hammock,” Pennington said. “But they also want to protect their trees, so it's a very difficult conversation to have.”
The concerns are multi-faceted. The community is concerned about overflow parking into neighboring streets and along the shoulders of State Road A1A. There's also concern the owners will have more seating than initially approved though outdoor or patio seats.
Several Hammock residents pointed to Bronx House Pizza in The Hammock as an example of this issue, with the added outdoor seating area. The restaurant purchased a neighboring lot for overflow parking in 2025 to accommodate its customers.
Bruno DiFabio co-owns Modern Mexx and founded Bronx House Pizza. DiFabio said Modern Mexx won’t be a quick-service restaurant, but instead cater to curated meals.
“It's not a high volume concept,” he said. “It's not a fast turnover restaurant or a traditional large menu operation where you might see combo plate concepts.”
Merenda said the number of parking spaces approved by the county would ultimately determine the number of seats the restaurant could have.
Dance said even if the commission granted the variance, he was sure Modern Mexx would likely be back for a landscaping variance request. The proposed parking plan did not leave room for landscaping requirements, he said.
“My fear is that we're not getting an accurate representation here of what's ultimately going to be built,” Dance said. “...I don't want to get into a position where I'm approving this, knowing that it's going to come back to us and then you're under a different set of pressures, having already approved it once.”
Dance did motion to deny the variance application, but the motion failed 2-3, with only Dance and Hansen voting to deny it. Pennington said if the argument is to save the oak tree at the rear of the lot, the county would need to approve on the condition of retaining the tree.
“They're able to do Concept B, regardless of the board, if they fit the parameters and make it work,” she said. “That was their intention, was to attempt to save the tree.”
