In early December at a community meeting, Palm Coast developer Alex Ustilovsky presented his plan for a 300-home development, along with a commercial strip, in place of much of the disused Matanzas Woods Golf course snaking through the L Section at the north end of town.
The meeting drew some 200 people overwhelmingly opposed to the plan, which they say changes the complexion of the neighborhood, breaks a promise that residents would have the golf course’s “green belt” for a backyard, and potentially would hurt property values, because the proposed new homes would be built on smaller lots at a much higher density than existing development.
Ustilovsky, who’s just completing a big development in the P Section that drew comparatively little opposition, was required by Palm Coast rules to hold the neighborhood meeting ahead of his submission of a rezoning application–the rezoning that the Palm Coast City Council would necessarily have to approve if the development is to go forward. There’s been no such submission yet.
“Just to be crystal clear for the community, we have not received an application from Matanzas Woods,” City Manager Matt Morton said Tuesday. “I know there’s been a lot of comment and speculation. We don’t have anything yet, so we are waiting to respond as well, as a city.”
Morton, council members and City Attorney Bill Reischmann took pains at Tuesday’s workshop to explain to the public that the council’s silence on the matter is not a matter of indifference or contempt, as they fear some Matanzas Woods residents are interpreting it, as it is a matter of law: they are required to keep all their fact-finding and decision making to the eventual public hearings that would take place ahead of their decision.
“It’s been very frustrating for me and I’m guessing for everybody else on the council to not be able to respond,” Council member Bob Cuff said, “but as an attorney and someone who has made a large part of his career in real estate and land use matters, the reason for this law that ties our hands is to make sure, I think, that all people involved, all interests involved, have a fair hearing. But frankly, I think a lot of it had to do with the old backroom smoke-filled room practices of the years before the Sunshine law and public records law, when citizens would show up at a hearing and the fix would be in. And I think that is still part of the perception among many people.” He said that was not the case.
“Until we know what is being asked of us, there is really no way that we can fairly respond to you,” Cuff said, moments after the public-comment segment of the meeting had featured three Matanzas Woods residents’ comments critical of the council on the issue–comments that in good part assumed the fix was in, and the council was intent on ratifying the rezoning. “But we also can’t be meeting in private” with either side, Cuff said, which makes clarifying such assumptions impossible. “It bothers me to have citizens feel that we’re ignoring them or not doing our job, when fortunately that’s exactly what we’re trying to do and protect the process, so that everyone that has an interest gets a fair shot” at presenting evidence and arguments.
Matanzas Woods resident Lea Ann Huggins had started the comment segment by describing how she and fellow-neighbors have been going door to door, gathering signatures for a petition opposing the proposed development and prevent “the potential loss of our peaceful backyard, loss of additional equity in our home, once once when the course closed, and now again with the influx of 6,000 square foot lots.” Many people, she said, would have to move, and are “astounded” that the city did not buy the land with fines collected from the course when it was left untended. Huggins said city planners have told her and others that the petitions “aren’t worth much,” which sent yet another message of indifference to the residents. “We’re more than happy to be there for our neighbors, unlike this city,” she said.
Perry Mitrano, a London Drive resident who once was in the Bunnell city administration, recalled for council members a ride he took with then-City Manager Armando Martinez, more than a decade ago, through the empty land that was to become the Grand Reserve golf development. Martinez told him the 400 planned homes were to double Bunnell’s size. “We were all excited, that was great,” Mitrano said. “Of course we had the crash. When the crash was over, we quickly ran into a problem.” There was no construction, the land was taken over by a bank, and when development restarted, the development was doubled to 800 smaller homes, not 400, reducing the value of what few homes had been built there and “changing the dynamic of what a house costs.” He was cautioning that the same dynamic was in play around Matanzas Woods.
Another resident spoke of how he left Broward County after more than 30 years because of over-development–to move to Matanzas Woods. “Now I’m seeing here somebody that’s going to attempt to do the very same thing that happened there,” he said. “The plans to basically put a high concentration of homes and things like that in very small lots will not benefit this city. It will benefit one person, the contractor. That’s it.”
Reischmann, the attorney, explained again that legally the council was bound to stay above the fray until proposals are submitted and hearings held. “To a certain degree, the members of this council have their hands tied by the due process requirements that have been imposed upon them by the Florida courts,” Reischmann said. Therefore the council is required to “wait and not take into consideration some of the things that they heard this morning. These folks that spoke this morning need to come back if and when this comes to a public hearing and tell these folks what they said this morning, so that at that time everyone will be there and will have the opportunity to hear everything that’s relevant to that quasi judicial decision.”
“If and when, that’s the point,” Mayor Milissa Holland said, seemingly as frustrated as Cuff and others. “We’ve certainly read about it in the media as it was presented to them, but not to this government body. So if and when it does come before this council I appreciate, frankly, the passion and the commitment of the residents in this neighborhood for coming forward and voicing their concerns, and that is so important and certainly matters to this body. And I like the fact and respect the fact of going door to door. We are a community that does take these issues very seriously.”
The mayor was also critical about the tenor of some criticism. “It is frustrating to sit up here and have certain accusations thrown at you when we have yet to see a single proposal come before us about anything, because we can’t,” Holland said. “So I would just ask for the members of the public that still have remained–not those that just wanted to come and take pictures of us sitting here as she spoke–but rather just, please share this with your neighbors, please? I think that’s really important. When we do again hear this proposal, if we do, I’m not even sure where we are in the process, that we will take all into consideration, including the people in the surrounding neighborhoods that it impacts.”
But Reischmann seemed to make the mayor’s and the council member’s words a touch conditional, significantly downplaying what effects public comments can have once the formal process does begin. “We’re not making the rules here, we’re applying the rules,” Reischmann said. “So not all facts will be relevant. The facts that are relevant are those that are going to be determined by the standards in the Land Development Code, for whatever application, if we receive an application, that we receive. At this point we hear what you’re saying but we don’t know what’s relevant and what’s not relevant yet, because we haven’t received the request yet, so it would be totally inappropriate for anyone on this council to be trying to interpret what they hear, whether or not that applies or not. It’s just too soon.”
That’s the sort of language that often leads to decisions that favor developers, based on land-use rules and property rights arguments, to the dismay of residents, though in this case the council holds the ultimate card–whether to rezone or not. That’s the hook opponents of the development are hanging their hat on. “It is the city’s responsibility,” Brad West, an opponent of the development and a resident of the neighborhood wrote in the Observer, “to uphold the promises it made to protect property owners of Matanzas Woods and reject any rezoning plan that includes building behind properties that currently line former fairways.”
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Jimbo99 says
Well, it’s been nearly 13-15 years, those folks need to get over the Matanzas Woods Golf Course bankruptcy thing, nobody ever really recovered from the failures of the Bush prosperity. There is no fix, there is no proposal, eat your losses and adjust to the new Matanzas Woods community concept of sharing the planet in a more culturally diverse & harmonious social movement. The rest of us have to accept it just the same. If they can’t accept it, they need to voluntarily relocate, there’s really no more corporate developer to sue and the rest of Palm Coast can’t make it right, we weren’t involved in that scam of an exclusive & utopian Matanzas Woods community. Just me, but I think the banks or new ownership needed to provide a functional golf course when the developer went bankrupt. Certainly there should have been that much expertise and golf course memberships to continue with at least a public level golf course with exclusive membership levels for Matanzas Woods home owners ?
Mike Martin says
Some of the opposition to this development on the former course is due to the very real possibilities of badly contaminated soil on the course (Google “golf course arsenic”). The former Ponce de Leon course in St Augustine has been undergoing remediation for over 13 years for toxic chemicals and is still not clean. D.R. Horton, a National home builder bought a golf course near Naples and found it so badly contaminated it donated the entire course to the local government, due to the cost of cleaning it being much higher than any potential profit. Pinellas County just purchased a golf course to keep as green space. The list goes on. Do you want to be breathing in arsenic and other toxins in your home? Neither do we in Mantanzas Woods, and we have no intention of “getting used to it” or “adjusting to it”!
John Brady says
Developers buy properties that are zoned contrary to what these developers plan to do and come to the City to change the zoning or code restrictions. The City needs to learn to say no. In this case, Mr Utilovsky said he purchased the property for 600K and was planning to put in 300 homes which he said he would sell for 300K each. In order to build 300 homes the City would need to change the lot size requirement.
The residents were concerned and rightly so that their property values would go down.
Well fellow residents of Palm Coast all of our property values will go down with this dramatic increase in multi-family units currently being built in Palm Coast.
Mr. Mitrano’s comments should be heeded, what was planned for 400 homes has become 800 homes. We all need to speak to City Council do not let Palm Coast become a place we no longer recognize. Speak up here and in the election August 18.
Just so you know and to be completely transparent, I am a candidate for Mayor
BW says
The reality is that it is anything but “premature”. The owner has been actively meeting and talking with residents. Many have felt pressured and even fearful of his and his attorney’s approach. I myself met with his advisor and was told he doesn’t see him backing off of any of what he had published in the Observer and what he presented at the public meeting. There is a lot of valid reasons for concerns here. At the same time I understand the position of the Council and Mayor. I hope the City staff makes any updated plans submitted for the final application available to the public in a timely manner. I appreciate the time staff I have spoken with as well as the Council has taken to listen.
The fix is in... says
I’ve lost confidence in the entire City Council and City Manager. This is a document from their own website.
At the meeting yesterday the entire Council said they did not have an application.
However, they are well versed in quasi-judicial matters regarding an application submitted on 10/17/1019 they don’t have.
Someone is not working for the residents…..
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Application # 4150
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BILL HOOVER
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MATANZAS GOLF COURSE MPD
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99010132
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398 LAKEVIEW BLVD PALM COAST FL 32164
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277.40 ACRES ALL OF RESERVE PARCELS, A,B,C,D,E AND PT OF VACATED PALM COAST SECTION 38 , OR47 PG 273 & PT OF VACATED
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SECTION 37-LAKEVIEW
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12/18/2019 N/A PLANNING & LAND DEV REGULATION BD PENDING
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MICHAEL D. CHIUMENTO III
145 CITY PLACE, SUITE 301
PALM COAST, FL 32164
Phone : 386-445-8900
Email : [email protected]
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MATANZAS GC PALM COAST LLC
200 OCEAN CREST DR, UNIT 1111
PALM COAST, FL 32137
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Dennis says
I’m sure the city will do nothing and allow this land to be massively developed. In my opinion, the city looks at tax dollars to spend, that’s about all. I really don’t think they care about your feelings. Greed at work here.
It’s better than section 8 housing though like what’s going on in a Town Center. Get ready for massive crime once Town Center section 8 housing is filled up.
Outsider says
Anyone who thinks or says the fix is not in is lying. Flagler County’s leaders have completely changed the vision that was once Palm Coast. It is beginning to look like New York City, only hotter. They have admitted defeat, after telling us for years we needed industrial development to pay the taxes, now approving higher and higher density residential development. We are told people don’t want yards to maintain; they want a postage stamp to live on. The ones who really want this are the ones who solely benefit: the developers and the government officials who need more tax money to guarantee their jobs. Gone are the leaders who appreciated what Flagler had to offer. Gone are those who appreciated a hundred year old live oak draped in Spanish moss, only to be replaced with those who become orgasmic when a new gas station opens. Good luck fighting the fight; as a former Matanzas Woods resident, I hope you win, but I’m not holding my breath.
clinton Huggins says
Dear Mayor,
My wife left because she had to go to work. Furthermore, you and the city manager and council members were texting throughout the meeting and not listening to the people who were speaking durning the 3 minute public speaking segment. That is a possible violation of sunshine law. That is why she took the video. She was offended that you were not paying attention.
The Sunshine Law requires boards or commissions to meet in public. Those government bodies are not permitted to take action or engage in private discussions regarding public business via written correspondence, emails, text messages or other electronic communications.
Joy says
Why must they build these developments in Matanzas woods? I have lived there 17 years now and bought my home there to be near the golf course, at that time,(2003). It is bad enough that the golf course is gone and now this? No way! If they want to put all these small homes, do it in other areas of the county and leave our neighborhood the way it is now! Single family homes!
Born and Raised Here says
If the gentleman bought the land, I reckon he has the right to do what he wants with it.
Mike Martin says
The land he bought is zoned greenbelt, only one house per acre allowed. He wants to build 300 houses clustered together. Also wants to build commercial, which is not allowed on greenbelt. He needs to get the parcels rezoned. He knew the zoning when he bought it, why should the city allow him to rezone when the master plan calls for greenbelt? It will change the whole tenor of the neighborhood, just to make him a profit. That is the reason the city has a master plan, so people buying in a neighborhood will know what to expect in the future. Current residents bought their homes expecting greenbelt, now they may have a Target store in their backyard. Is that fair? Where will water runoff go? What will happen to protected species of wildlife? It is far more complicated than “he bought it, he can build what he likes”. He has to obey the law!
Outsider says
I bought my land; I reckon I should be able to open a nuclear waste disposal site on it. I suppose some one is going to tell me it’s not zoned for that…..
palmcoaster says
Mr. Martin and and Outsider you are so right! This developer needs rezoning and our Mayor , Council , Manager and staff (Mr Tyner/Delorenzo) should denied…too bad sometimes we all make bad investments so these golf course buyers do as well. Same for the Palm Harbor Golf Course multifamily to be proposed. Lets stop this train without breaks called growth that requires rezoning all around us. No more rezoning! Growth does not pay for itself: https://www.orlandosentinel.com/opinion/editorials/os-op-the-villages-growth-tax-increase-20190918-iyqc2cy3mnhzfmwskfm7s6a35e-story.html Buy or eminent domain Matanzas and turn it into a park for 600,000 a real deal with trails for all to enjoy. Also buy or eminent domain the PHGC driving range is a real deal as per the Flagler county property Jay Gardner appraiser’s valued. One other question I have if I pay for a single family home to be built in Palm Coast just the impact fees start around 18,000 for a small home and up, then if for any personal reason I do not build the house after I paid the impact fees…do they give me the 18,000 back. Because the developer (Jacoby JCV LLC that bought the marina acreage claims from the city the 1.5 millions that I believe Centex paid in impact fees for the Hotel and condos they never built there.,,,isn’t a statute of limitation on expired permits and impact fees paid for them if project not materialized?