The Flagler County Planning Board in a 4-2 vote Tuesday night rejected a development application for the proposed 1,218-home Eagle Lakes project at the south end of Old Kings Road, near Old Dixie Highway. The development since late last year has been drawing sustained and significant opposition from neighboring residents who decry the smaller lots and feared traffic impacts on the two-lane road. The application is for a rezoning of the Eagle Lakes planned unit development, or PUD, affecting nearly 600 acres.
But big differences between the developer and the county looms. The two sides don’t agree on how many homes may be built under existing land-use language. Assistant County Attorney Sean Moylan explained that the developer interprets the language as entitling 126 more homes than the way the county interprets the language. The county revealed for the first time Tuesday evening that Flagler and Volusia interpret traffic and traffic-impact numbers very differently. Neither difference has been resolved. And the county and the developers disagree on impact fee credits, with the developer seeking credits for building an entrance to the development. As the county sees it, that’s not what credits may be granted for. The entrance serves the developer only. Credits ay be used for, say, widening a road, adding turning lanes at an intersection or building similar improvements that benefit the neighborhood as a whole, not the development specifically.
The Planning Board’s vote is not binding. It only means the board is not recommending approval of the development application. The application is headed for a hearing before the Flagler County Commission on April 4 at 9 a.m. (The commission will take public comment on the issue at the March 21 meeting should anyone choose to speak then.) Commissioners will see the same presentation by the developer and the same opposition by residents that took up nearly six hours in a pair of hearings before the Planning Board.
Commissioners’ vote will be binding. There is a wrinkle. Commissioner Andy Dance’s family used to own a substantial portion of the land in question, and still owns some property there. He has not disclosed whether he will participate in votes on the matter, only that he has taken counsel from the Florida Commission on Ethics and will formalize his decision–on whether to vote or not–by the April meeting. If he does not participate, the commission would need at least three of the remaining four commissioners to vote for approval if the project is to go forward. A 2-2 vote means the proposal fails. Dance himself has not spoken publicly on the issue. His mother and his brother have, and spoken decidedly–and, in his brother’s case, vehemently–against the proposal.
Residents’ opposition is focused on the development’s smaller lots and higher density, what they see as a poor fit with its surroundings, and the traffic they fear it will add to Old Kings Road. Some also pointed out the “sloppy” documentation (in Robin Polletta’s word)that shows discrepancies between acreage and density numbers between the developer’s documents and county documents, enabling the developer to squeeze in more homes per acre.
Dance family members this time were represented by Dennis Bayer, the seasoned land-use attorney who also spoke on behalf of other neighbors. “When you look at the staff report, this is being rushed,” Bayer told the board. “You hear issues, discussions tonight, loose ends, clarification, confusion. Developers, attorney and assistant county attorney don’t even know how many units are being allocated on the southern parcel.” He said even setting aside the differences over traffic interpretation between Flagler and Volusia, the data itself has been changing. “I don’t think you’ve got the data in front of you tonight to make an informed decision,” he said. The application, in sum, was incomplete, he said.
Nancy Dance spoke a little later–as did her son John Dance–repeating her preference for the proposal to be limited to its original intentions, at lower densities. Another resident noted that 85 percent of the people in the full chamber live on Old Kings Road, and would be directly affected by traffic emergencies. “I guarantee that traffic should be increased like a champ over there,” another resident said, before putting it more bluntly: “We don’t need more developing over here, folks.”
Michael Chiumento III, the land-use attorney representing The developer, the Kolter Group, quickly dismissed claims of inconsistencies in acreage between various documents then turned to traffic: “I know there will be a change in traffic than what’s been there for the last 50 years. And so I don’t know how to address it other than there will be more traffic but that doesn’t mean there’s going to be a traffic problem from the perspective of a traffic impact fee study,” he said. The issue between Flagler and Volusia is between the two counties, not with the developer.
As for the accusations of a “half-baked” proposal, Chiumento said, “to suggest that every project that comes before you that we agree 100 percent with staff on everything, that doesn’t always happen, and so we do have a disagreement on a couple of things, and that’s fine. That’s something the County Commission is empowered to interpret.” The commission may also decide on whether to include a roundabout or not. “But I remind you that the community needs to know that we began discussions and planning with county staff, engineers, planners, fire traffic in June of 2021. It is 10 months later.” He summarized the public meetings along the way, including technical review committee meetings. “So these things aren’t just done on the back of a napkin like may have been suggested to you. This thing is ready to go in front of the commission.”
Those big differences remain, however, starting with the number of homes permitted.
The first phase of Eagle Lakes is already built, with 111 homes. The new development would be divided into two sectors, the “northern lands” consisting of 458 homes, all on 40- and 50-foot lots, none on 60-foot lots, and the “southern lands,” which would be age-restricted, would total 760 homes, 220 of them on 40-foot lots, 351 of them on 50-foot lots, and 189 of them on 60-foot lots. There would be four traffic access points from Old Kings Road, the southernmost of them reserved for emergency access.
As the county sees it, citing the 2005 ordinance that first permitted Eagle Lakes, 760 homes in the southern lands include the 111 homes already built in phase one of the development, leaving a net 634 new homes to be built. The developer disagrees. The 760 homes are in addition to the existing 111 homes–a difference of 126 homes.
That ordinance, Chiumento argued, “no longer applies to this property.” He elaborated: “The aggregate for the project, even under Mr. Moylan’s interpretation, is 1,218 [homes]. However, what we have said to you tonight is that policy doesn’t apply because aggregation is not at issue now because we don’t own all those other parcels.”
The board’s Mark Langello was looking to recommend approval of the application, but was outvoted. “I don’t I don’t know if we’re prepared or not to make a decision you guys might be. I don’t think I am,” the board’s Anthony Lombardo said. “It would be an incomplete package” to hand over to the County Commission, he said. “The density scares me, the traffic scares me.” Heather Haywood, another member of the board whose work has tied her to Halifax Plantation for several years, had issues with traffic and “the fact that there are 600 homes going into Halifax plantation right now.”
“All of this land being developed in new way, I want us to do it responsibly, and I want us to do it the right way, and I want us to serve our community,” Haywood said. “I don;t think this should be passed tonight at all. There’s not enough due diligence done, in my opinion.” Board member Fernando Melendez went further: “I’m not going to be part of voting on anything tonight that’s going to be ruining the future of a beautiful community.”
There were three votes in all–one to recommend the application, which failed, one to table it to a future meeting, which failed, and one to reject the application, which passed.
Tuesday’s hearing was the second before the Planning Board, which in February had tabled the matter pending the resolution of differences between the county and the developer. Those included issues over setbacks and buffers, traffic questions, impact fees and density. From the developer’s perspective, those issues were resolved.
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TR says
Maybe the palm coast city council should learn from the flagler commission and put the rakes on developing more apartments or homes. Well until they can figure out what to do with the streets to accomodate the added traffic. However, I doubt that will happen with the mayor being in real estate.
Keep Flagler Beautiful says
Thank you for covering this public meeting, FlaglerLive. This was such an important vote, as its outcome (and, of course, the commissioners’ vote next month) will affect the safety, traffic congestion and quality of life in the southernmost Flagler area forever. Four members of the Planning Board definitely understood that and listened to what the area’s residents had to say. In the third paragraph from the bottom, it might be worth clarifying one point. When Mr. Melendez referred to not wanting to vote on anything that was going to ruin “the future of a beautiful community,” he did not mean Kolter’s proposed development. He was referring to not ruining the future of the beautiful neighborhoods of custom homes already existing along Old Kings Road, i.e., Sugar Mill Plantation, Fairchild Oaks, Halifax Plantation, and others.
Gina Weiss says
LOL: Chiumento: the land use attorney representing the developer quotes: ” I know there will be a change in traffic than what’s been there for the last 50 years. And so I don’t know how to address it other than there will be more traffic but that doesn’t mean theres going to be a traffic problem.” HELLO is anyone there!
Steve Vanne says
Think goodness some common since. Too many people hear already…
Jane Gentile-Youd says
How absolutely refreshing. What brilliant hard work of all the organizers Sallee, Robin, the Nancy and John Dance! Dennis Bayer earns brownie points for this one. This dedicated group has shown us that we are still a government of the people, by the people and for the people.
It is a shame that Jack Corbett, although the representative for our area, does not represent Plantation Bay residents nor our community at large. He votes for every density increase in Plantation Bay no questions asked. He voted to allow a new very private expensive and discriminatory clubhouse to be built, using our roads for free and nobody said a word. We got an e-mail yesterday that we should try to not drive in that area ( we own the roads)…
Yes, it is also a pitiful shame that the homeowners in Plantation Bay never ever group together as these civic minded, admirable ,caring are so amazingly doing. It saddens me . I wish we were like ‘you guys’. Kudos to all of you !! Next round the BOCC – Fingers and toes crossed, GREAT JOB everyone of you . Thank you with all my heart for caring about our quality of life in Flagler ( and northeast Volusia) counties. Thank goodness some people still do . BRAVO! BRAVO! BRAVO!
Celia M Pugliese says
Good move finally. No rezoning or original land use change. Do not ruin the current residents home values and or quality of life. We do not have the roads for all the traffic generated by all these developments..wheter in our case in the city our mayor is a realtor or not. We need a moratorium to assess proper higher impact fees to build more roads, 22 million each sewer treatment plants, storm water infrastructure and law enforcement traffic monitoring units needed from now on, among other things.
jOE sTOLFI says
I’m curious WHAT TYPE OF HOME GETS BUILT ON A 40 FOOT LOT ???
What are the side setbacks ???
MORE people . MORE traffic . MORE congestion
bob says
cracker jack box with no prize is probable home type
Celia M Pugliese says
Good move finally. No rezoning or original land use change. Do not ruin the current residents home values and or quality of life. We do not have the roads for all the traffic generated by all these developments, also whether in our case in the city our mayor is a realtor or not. We need a moratorium to assess proper higher impact fees to build more roads, 22 million each sewer treatment plants, storm water infrastructure and law enforcement traffic monitoring units needed from nowon among other things.
Dennis C Rathsam says
Every time we read about a new housing project,Chiumentos name always pops up. Its time the people of Palm Coast to stand up to the cities plans to put a house or apartments everywhere. We cant drive from one place to another without a traffic jam, now with the snowbirds here its even worse! Why do all the people tell the mayor to stop the building, until you fix the traffic…I guess our realtor mayor rather sell homes, then help the folks that voted him in. Today,s Observer said GO WEST, Now their gonna skrew up the rest of the city.More people, more traffic. Tell me Mr Realtor, where are all these new kids gonna go to school? Stop the madness,stop the greed, & listen to the people! This is our city….NOT YOURS.
Jane Gentile-Youd says
I am a Realtor Mr, Rathsam for 43 years and am in the fight with the Eagle Lakes area homeowners to STOP this attempted land rape. I recently spoke in person at the Palm Coast Council Meeting against the insane 23 acre mega storage facility adjacent to an assisted living facility and across the street from upscale Toscana and Hidden Lakes. I am always lobbying against the runaway overdevelopment in Plantation Bay where I live and as a result I am well hated by Mori Hosseini and his bulldozer buddies. I refuse to participate in land deals if I don’t like the intended use . I sold land in Miami-Dade County zoned for 2 homes to the county instead for use as a neighborhood park – nicknamed ‘ Jane’s Tot Lot’ so please don’t crucify all Realtors. We are a great group of people who work hard and donate to our communities as well as state and national causes. I hope you will modify your perception of our proud members.
bob says
you just lost my vote jane … Mr Rathsam referred to one person about 1 project and you jump up and babble again I, I, I and Me, Me, Me
Jane Gentile-Youd says
Dear Bob;
Mr, Rathsam using the word “Realtor” twice to describe the Mayor of Palm Coast appears to be an obvious dig at all Realtors, which includes me. Sorry to lose your vote over clarifying how community involved most realtors are and asking you to consider respecting this profession. Could you post your real name sir please since you are a voter?
JLS says
We need an overall growth plan, but that is complicated and takes a lot time and hard decisions by city and government staff and leadership. Currently, each new development is evaluated on its own, which doesn’t necessarily show the overall impact of all of the developments together… on schools, traffic, other utilities, increase in the service economy for new residents, increase in affordable housing for service economy workers, increase in human services, etc. The list goes on. The announcement that Palm Coast is #1 on a Best Place to Retire is not good news. We don’t have it together enough to manage the growth we see now. It’s gonna be messy….
Concerned Citizen says
Good to see some of the over development being slowed down.
A lot of this development is encroaching on historic sites and wetlands. Wetlands are supposed to be managed by the Army Corps Of Engineer and require permitting. So I wonder how that has been addressed. If at all. I understand historic sites aren’t overly important to people this day and age but if we don’t take some sort of stand all of our heritage will be built over.
Another thing I have not seen addressed is infrastructure. Our current facilities can barely handle what we have now. And need to be upgraded to handle the increase in population. We already have stuff breaking down with the strain on it now. With the forecasted population increase it will only get worse
Keep Flagler Beautiful says
You are right, Concerned Citizen, that huge parcel on Old Kings Road (a historic road that some say is Florida’s oldest) is home to both wetlands and a multitude of species, including eagles. There is no reason why every square inch of Flagler County has to be covered with concrete. The proposed Kolter development would be outrageously dense in an area that presently consists of neighborhoods of beautiful custom homes on large lots. As was pointed out at the meeting on Tuesday, if the devastating Flagler County fire of 1998 were to happen today, there would be no way to safely evacuate everyone in the area — and that’s WITHOUT the proposed Kolter development, which would bring thousands more cars to a 2-mile stretch of Old Kings. The area around Old Kings/Old Dixie Highway is set to be massively overdeveloped on the Volusia County side, with 2,000 new homes and a new assisted living facility. That must all be taken into account when ANY Flagler application is made in that area. County lines are invisible and mean nothing. It’s all one dense area. And on top of that, Old Kings is the ONLY way to exit, northbound or southbound, in the area between Rt. 100 and Old Dixie Highway — it’s two lanes, very dark at night, with deer running across the road. No developers will volunteer to pay for lighting on Old Kings, which inevitably must be added. That burden will fall squarely on the shoulders of Flagler County homeowners, who will pay much higher taxes as they watch the values on their own homes plummet because the unique beauty of the area has been destroyed by bulldozers.
JonQPublik says
I agree that due to frequent environmental hazards (fire, hurricanes, and whatever else may be on the horizon), and the increasing development in the area, it’s well past the time to think about making Citation Blvd. cross 95 (interchange optional). Also, with the future development along John Anderson Highway, an extension should be considered. Heck, join both portions of Citation Blvd AND extend it to US-1.
Having evacuation options already in place for potential massive growth should be considered thoughtfully.
(I have no idea who owns the properties in the areas mentioned above or protected environmental boundaries, but I’ve always thought that area needed some evacuation considerations.)
Alexia says
NO MORE BUILDING!!! There is too much traffic as it is. And if you must build, how about some 5 acre lots! All these tiny lots are crazy, Might as well be in a town home. Enough!
T says
Palm coast sucks now to many people for this town but the council and etc dont care they want money
John R Dance says
First I want to thank all of you for your comments and perspective. We did a roof count after the last meeting and the total not including the Bulow campground was approx 860, with the campground its approx 1200. That includes Halifax Plantation Phase 1, Suger mill, Fairchild Oaks, Eagle Lakes. It does not include the new Wexford Reserve at 180 plus they are seeking more inside Flagler county. South Old Kings is already tapped out. Think about adding another 1200 homes = 3000 cars. We need ALL to attend the April 4 BOCC in solidarity to show support for the community. Stick to the plan of the original pud was approved for.
Again THANKS for all the possitive comment.
JD
Gina Weiss says
John R Dance: Yes we will be there to stand with all of our communities united as one because it is impacting all of our communities . We will also be watching and casting our votes accordingly to vote those out who do not align with our perspectives.
John R Dance says
Again Thank you, now there is another development wanting a change in the front portion of Polo club west asking for 241 units on 81 acres. We have to stop this insanity. Technical Revue Committee mtg is this wed at 9am.
Again THANK YOU
Keep Flagler Beautiful says
I can’t believe this is happening. Even if the county commissioners voted against Kolter’s unacceptable variance request, 241 new units at the front of Polo Club would take us right back to square one. Everyone wants to get in on the Florida land grab, and it’s always a hit-and-run. The developers don’t live here, but after they’ve destroyed an area of irreplaceable natural beauty, they take their bag of cash and disappear. Existing homeowners are left with plummeting property values and the traffic congestion, noise and evacuation hazards. There should be no further approvals for development along Old Kings between 100 and Old Dixie Highway. Mr. Dance, many of us work and cannot attend tomorrow’s 9am Technical Review Committee meeting. Do you or anyone else have the email address to which objections may be sent?
John R Dance says
Adam Mengal is the countys planning director, plus contact all the county commissioners via email. They are all listed on the Flagler County websit.
Thank You in Advance
JD
Keep Flagler Beautiful says
Mr. Dance,
What time is the April 4 meeting?
FlaglerLive says
9 a.m.
John R Dance says
yes 9am, but they are taking comment at the march 21 evening mtg for those who cant make the morning mtg in april
Gina Weiss says
John R. Dance: Yes we know that the March 21st meeting is an important one too.