- April 25, 2024
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A developer hopes to place up to 110 homes on a 48.83-acre parcel of land off South Old Dixie Highway at Mayberry Road, about a mile east of Old Dixie's intersection with U.S. 1 in southern Flagler County.
"We’re really hoping to move forward shortly," said Jessica Gow, a Cobb Cole law firm attorney representing RJN Design and Development, at a Jan. 12 Flagler County Planning and Land Development Board meeting. "... Once we get the utilities settled there, we’re ready to move forward."
The 110-home proposal itself isn't new, but utility considerations have so far delayed its construction.
"We’re really hoping to move forward shortly."
— JESSICA GOW, attorney representing RJN Design and Development
The proposed "planned unit development," or PUD, was first approved by the Flagler County Commission in 2011 with a provision that an initial plat application for 30 homes be submitted within 5 years unless the developer sought an additional 5-year extension. The developer sought the extension in 2016, in part because of a concern about how water and sewer service would be provided to the potential community.
The nearest utility provider was the Plantation Bay utility, for years a source of regular complaints from its customers. The Flagler County and Bunnell governments jointly bought it for $5.5 million in 2013 in order to improve the water quality. It was transferred to the county's sole management in 2015. The county has since turned it over to the quasi-governmental Florida Governmental Utility Authority, or FGUA.
Now, RJN Design and Development expects to move forward with the preparation of 30 initial plots for platting — but not necessarily before the current 5-year-extension expires in October, so the developer came before the planning board to seek another extension that would continue through 2026.
"There's no changes to the actual development plan," Gow said. "There’s just past uncertainty with the utility provisions of the agreement, and then currently the uncertainty with the pandemic, so we’re asking for a little bit of flexibility."
Answering questions from board members, Flagler County Planning Director Adam Mengel said he believed the developer would be able to start the required first phase of the project within the proposed new 5-year extension.
"There’s some dialogue happening between the owner and FGUA," Mengel said. "We’e all maybe cautiously optimistic coming out of COVID 19 ... this may be the time for this to happen. But it will only happen through the extension of those utilities, and that dialogue is now underway between FGUA and this owner."
The 5-year time limit, he added, "is a date for the submittal of an initial step — 30 lots within the development for platting — so its a pretty low bar to make. I’m pretty confident that they're going to make it."
If the developer doesn't meet the 30-plat application requirement within 5 years and isn't granted another extension, the land would lose its PUD zoning designation.
The current PUD agreement would allow for the proposed homes to be single-family residential, estate homes, attached zero lot line residences, patio residences or clustered residential units, according to a planning board meeting backup document.
Several area residents spoke at the meeting to say they were concerned about whether the development might harm area wildlife or cause drainage problems for the adjacent properties.
Mengel explained that environmental studies are conducted to prevent major wildlife impacts, and that the developer will not be allowed to build in a manner that floods neighboring properties. Gow said she'd relay the concerns about drainage to her client.
"The concerns that you all have are very valid and need to be addressed in the site plan process," board member Mark Langello told the residents. "... If we grant this tonight, that just gives them a little bit more time to try to get the utilities straightened out. ... There’s still basically a shortage of housing in Florida and in the country ... there’s actually a real need for it."
The board voted 4-0 to recommend that the Flagler County Commission — which will have the final say — grant the 5-year extension. Board members Michael Boyd and Timothy Connor were absent.
