- May 2, 2024
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Some of the green spaces on the map of Palm Coast will soon disappear — development is planned for land near Graham Swamp off State Road 100, on White Mill Drive near U.S. 1, and on the former Matanzas Woods Golf Course property — prompting opposition from residents concerned about the city becoming overbuilt.
But there's little city officials can legally do to stop developers from building on their own land when that land has existing entitlements for development or meets the requirements set out in the city's Land Development Code, City Council members and staff members explained in a March 16 City Council meeting.
Development was on the meeting agenda in the form of a minor "cleanup item" for a rezoning for the Graham Swamp area development, which won the City Council's approval during a meeting on March 2.
That process had itself been something of a technicality: The land was already zoned for residential development, but developer Geosam Capital wanted the city's approval to change the exact designation from Master Planned Development to Single Family Residential 1.
"A lot of people think it's just as easy as saying, 'No,' just because we feel like it. It doesn't work that way."
— VICTOR BARBOSA, city councilman
The land is slated for up to 494 houses.
One resident had concerns about whether the proposed development would increase existing draining problems and affect the character of the community.
"Is there not any concern with Flagler and Palm Coast and Bunnell all becoming one big blob, like Daytona and Ormond are?" resident Chris Martin asked during the meeting's public comment period. "It just seems that part of the charm of Flagler, particularly, is that it's kept kind of reasonably small."
City Planning Director Ray Tyner said the development proposal is in its early stages, and that in later ones, the St. Johns Water Management District will evaluate its potential effects on stormwater drainage.
"This property actually is preserving over 40% of the site, so a lot of the houses, or single-family homes that will be constructed in the future will be not impacting those wetland resources," Tyner said.
Councilman Victor Barbosa asked the city's attorney, Bill Reischmann, to explain for residents what the consequences would be if the city denied a developer's right to build on land they were legally entitled to build on.
Reischmann said council's rule is restricted to determining if developments meet the standards laid out in the city's Comprehensive Plan and Land Development Code.
"There will be a legal challenge, and the appellate courts can find the there was no competent substantial evidence to support your denial, and they will reverse the decision ... with direction to approve the development order," Reischmann said. "Happens a lot."
Barbosa thanked Reischmann for explaining the process.
"A lot of people think it's just as easy as saying, 'No,' just because we feel like it," Barbosa said. "It doesn't work the way."
Councilman Ed Danko asked Reischmann to elaborate a bit more.
Reischmann said that if a local government inappropriately denies a property owner's property rights, the property owner could sue for damages as well as appeal the decision to the court system.
"The taxpayers bear the burden of that expense — not just the cost of litigation, but the potential for a judgement against the local government if its leaders, its elected officials, acting in their quasi-judicial capacity, inappropriately apply these standards that are contained in our Land Development Code and our Comprehensive Plan," Reischmann said.
