- February 17, 2026
Plans for the future Modern Mexx restaurant in The Hammock have garnered approval from the Flagler County Planning Board, despite concerns over variance requests to setbacks and parking.
Modern Mexx will replace the dilapidated Fusion 386 building at 5949 N. Ocean Shore Blvd. The site is currently out of sync with Flagler County’s Land Development Code setback requirements as it is. Plans for the new restaurant, recently purchased by A1A 5949, LLC, include moving the building to the rear northeast corner of the L-shaped lot and building a 2,800-square foot building.
Attorney Jay Livingston, representing the owners, said in order to preserve as many trees on the property as possible, the owners are asking for a variance of 33 parking spaces with six stall bike rack spaces, instead of the required 41 parking spaces.
To accommodate the request, the owners have worked out an agreement with the neighboring Debra Jean’s coffee shop to use five of their overflow parking spaces for Modern Mexx’s employees.
Owner Mike Bennici told the Planning Board that they are trying to be proactive in finding solutions. The original intention was to renovate the existing building.
“We thought, because of setbacks, it would be best for the neighbors, everybody to move it to a different location,” Bennici said.
The owners also sought special exceptions for setbacks, including a 15-foot landscape buffer instead of a 25-foot buffer, and a 15-foot setback instead of 25 feet from the neighboring residents. Moving the restaurant will also require Modern Mexx to connect to Palm Coast’s water and sewer lines.
Board member Timothy Connor said that though the setbacks do not meet the requirements of the LDC, they are still an improvement to the existing building. The proposed 15-foot landscape buffer, for example, would still be adding 15 feet of landscape that does not currently exist.
“I think the variance request is reasonable under the circumstances,” Connor said.
The Planning Board unanimously approved the special exception request for the setbacks and the variance application for the parking. The Flagler County Commission will still need to review and approve the variance request.
The restaurant itself will have an estimated 1,800 square feet of seating space, though ultimately that number could change depending on whether or not the commission approves the parking variance.
Most of the residents who came out to speak against the changes live in the area had concerns about the number of variances and exceptions requested by the future Modern Mexx.
“The project's just too intense for this small parcel it's got,” said Dennis Clark with Scenic A1A Pride. “It's just too big.”
Bob Green, who lives in the house directly behind the lot on Milwaukee Avenue, is concerned about how the larger restaurant with more parking will impact his property values and quality of life.
“I want a restaurant there almost bad as you guys do,” Green said. “And I think one can be put there. I don't necessarily think that it has to be at that particular mark.”
