In a victory as major for the developer of future phases of Eagle Lakes as it is a blow to existing residents of Eagle Lakes, the Flagler County Commission this evening cleared the way for a 1,200-home development on 612 acres at the south end of Old Kings Road, a development one commissioner likened to Palm Coast’s Grand Haven, at least by size.
The development cleared its last major hurdle by a pair of 3-1 votes, with an abstention each time.
Opponents, who consisted of residents of the first phase of Eagle Lakes, Sugar Mill Plantation and other neighboring developments, objected not to the development specifically, but to the density of the new project, which will be built by Kolter Homes and be known as Radiance, to a lack of a traffic study, to the development’s incompatibility with the Old Kings Road region, to a proposed roundabout that would form the main point of entry and exit onto Old Kings Road, and to an absence of written conditions in the so-called Planned Unit Development. (A PUD spells out a developer’s obligations.) They acknowledged some additions to the plan that have improved the proposal’s profile, such as certain amenities, sidewalks and buffers, but found those insufficient.
The county’s own planning board had rejected the plan because it found it wanting, with too many questions unanswered. But the county’s development director presented the proposal as vested, if not inevitable, and at one point bristled at the suggestion that existing homeowners somehow could either shut the gate to development, or at least narrow it, behind them. “There’s an implication, and it does offend me quite a bit, that your small house size means, those people,” Mengel said. “We have the wrong mindset of saying, even in the old 1,100 square feet, being those people. I think if people looked at it and thought about it, every one of us bought [here], we were those people to somebody else. We came in and that developer that we’re saying now is the bad developer–what do you think did Halifax? A developer.”
The developer’s attorney repeatedly rejected claims that traffic would be an issue. “Our project as proposed with all 1,200 units will not increase the vested amount of traffic that we’re entitled to,” Michael Chiumento III, the attorney representing the developer, said. “Theoretically and actually, we are generating less traffic than what we are vested for, generating less p.m. peak traffic than what we’re vested for.” He said the proposals this evening were the culmination of a year-long process that included numerous amendments to the plan, in answer to residents’ concerns. It would be built over seven years, he said, as a gated community.
“The development looks like a beautiful development, there’s no question about that,” Robin Polletta, who had been a critic of the proposal, told the commission. “I don’t think the citizens here are opposing the development per se. What we are saying though, is that we’re kind of putting the cart before the horse when we’re rubber stamping these PUD agreements without putting more amendments or qualifications on it.” She asked for a continuance pending an independent traffic study so residents “know exactly what we’re in for.”
The meeting segments could at times seem complicated. There were three items on the agenda related to the Radiance development. It could be confusing, but not intentionally so: the measures have to be considered independently of each other, on their merits.
One of them was a land use change, which means changing the county’s comprehensive plan–the blueprint that defines long-term development. That item affected 200 of the 611 acres: acreage would change from agricultural and timberlands to a combination of conservation, residential and water bodies, with the bulk of the acreage (170 acres) in the residential category.
The second–the heart of the matter–was a rezoning and an amendment to the PUD that affects the entirety of the 612 acres, enabling 1,200 single-family homes split between a northern part of the land with 458 non-age restricted homes, and 775 age-restricted homes on the southern part of the land. The rezoning will not become effective before the land use amendment becomes effective.
The third, more pedestrian item won’t affect anything other than the governance of the development itself–the creation of a community development district, much like the Grand Haven or Hammock Dunes CDDs, which are like mini governments within the large developments, with representatives elected by residents in the development.
Commissioners Don O’Brien, Greg Hansen and Joe Mullins voted for the land use amendment, with Dave Sullivan in dissent and Dance abstaining. O’Brien, Sullivan and Mullins voted for the rezoning and planned unit development amendment, with Hansen in dissent and Dance abstaining. The third item was approved 4-0, with Dance abstaining.
Chiumento pointed to the several developments along Old Kings Road–planned, under development or developed–to show that “it’s been very consistent with our community to allow at a minimum two units per acre in this region.” All the area is low-density residential, high-density residential and mixed use, he said, making it consistent with those other developments. “We’ll be asking for 1,200 units on 611 acres, so at the end of the day you will see in the next round that this project, although it is a very large project consisting of 600 acres, it’s really a low density” project, he said.
Dennis Bayer, the attorney representing Nancy Dance–the land owner who sold the land in 2004 for development, and who opposes the proposal in its current form–sees it differently. “This is really two pieces of property that we don’t know exactly what’s going on this parcel and what’s going on that parcel,” Bayer said. “It may be age restricted on the north side, it may be age restricted on the south side, we don’t know.”
“My clients, the Dances, do not oppose the amendment of the future land use map amendment to low residential, low density residential,” Bayer said. “The additional detail and analysis needs to be done, particularly concerning traffic,” and whether the development will be age-restricted.
Nancy Dance, who used to own the acreage, recalled her reasons for selling, when her husband had gotten to be 75, but in an arrangement with the buyer to commit to a low-density development. “I’m not here standing in front of you saying no to any development. I am saying that’s a low density development that comprises the current. I am saying that’s a low density development that comprises the current Eagle lakes PUD behind my property and behind the existing Eagle Lakes Phase One should be respected.” She said the commission was not obligated to grant the net increase of 165 homes on the south part of the development.
Another asked: “Why can’t we just stay with the way we are, the way things have been over here?” But that’s an argument against property rights, which even more development-cautious officials would not (cannot) embrace, since it would very likely trigger lawsuits–at least regarding the planned unit development. Commissioners can load PUDs with conditions, but not deny development rights. They have more room to maneuver with land use changes: they are not obligated to approve such changes, though they rarely deny them, and this particular commission’s membership never has.
Mark Bines, regional vice president president of Kolter Homes for mid-Florida, eight pickle ball courts, two tennis courts, maintenance-free lots or yards, on 40, 50 and 60-foot lots (40 feet wide, 130 feet deep, that is), for homes between 1,300 and 3,500 square feet. He said the residents will be made up of boomers with plenty of money to spend, and showed a rather long marketing video for Kolter’s Cresswind developments.
“We’ve had beautiful pictures for a Margaritaville-type development that is not compatible with the Old Kings Road corridor,” one resident said.
Dance recused himself from voting because his family sold the land in 2004 for $4.8 million and Dance’s mother Nancy still owns adjacent property. She hired Bayer to represent her on the issue. But Andy Dance was not barred by ethics rules from commenting, presenting his perspective or asking questions, and he briefly did. But as soon as he did, Joe Mullins, who is chairing the panel, said Dance “could could be biased or swayed to that side, So keep that in mind.” The statement was not merely vulgar, for being out of keeping with commission norms–no chairman or commissioner has ever upbraided a colleague for “bias” before–but because of what could be perceived as hypocrisy on Mullins’s part, since his possible bias was more often in question this evening.
A few times at the beginning of the segment, residents objected to Mullins not recusing himself from voting because of his relationship with Chiumento. “Mr. Mullins, you should abstain from voting based on your well publicized, close friendship with Attorney Chiumento, who is also your personal attorney,” a Sugar Mill Plantation resident told the commissioner, “and according to your social media postings is one of your three favorite people, quote unquote. Everyone is free to choose their own friends. But in this case, it becomes a clear conflict of interest in the minds of many of us, and you should not vote tonight.” But that line of criticism died down as the nearly four-hour hearing wore on.
Some commissioners had considerable concerns.
Commissioner Dave Sullivan was worried about the traffic flow to the intersection of Old Dixie Highway and Old Kings Road–in Volusia County, just south of the county line, giving Flagler no control over that. “There is no mention to improve this intersection,” Sullivan said, basing himself on Volusia County documents. “I guess my recommendation at this point is that the old Dixie Highway-Old kings Road be included in any documentation prior to final plat approval,” Sullivan said. “What we’re really looking for is an updated traffic study for this for this area.” He stressed that that needs to be done at every step in the process.
Dance was uncomfortable with the lacking analysis of the development’s potential impact on facilities and services. But that doesn’t apply in the case of a land use change, Chiumento said. “Mr. Dance, you’ve been doing this a long time,” Chiumento said, “two units per acre is low density residential.” If that was true regarding the future land use of the acreage, it was less true regarding the PUD, where the county could add more conditions. dance, for example, cited the “flaw” in the site plans that does away with stately old trees “that very easily could have been designed around, but we didn’t get the tree survey done, and here we are at PUD approval. Once it gets past this stage, we don’t have anything to hold them accountable.” He also called the development’s sign “obnoxious” for its 20-foot size.
“This is 1200 homes. How do we know we’ve got enough water and enough sewer capacity, because there’s just a package plant down there now,” Commissioner Greg Hansen said. The answer is: there isn’t at the moment, Mengel said, but that would be negotiated in the future: 50 to 80 homes would be built each year, he said, at least at today’s development pace. Hansen was also concerned about te fate of the acreage’s trees. “I was pissed off when they clear-cut Jungle Hut. That was uncalled for,” Hansen said, referring to a 50-home development there he had voted against, and that would would change the complexion of the area.
Other than asking one speaker whether he was addressing the issue as himself or as a representative of his homeowners’ association, O’Brien said nothing throughout the three-0and-a-half hour hearing, except to offer up the two motions that led to the project’s approvals. Those who’d opposed the proposals and were still in the chamber past 9 p.m., when the commission took its two votes, stood up and walked out, some of them hectoring commissioners who voted for the development.
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Shawn says
How do things like this get passed when they don’t know if there are enough services available to support the homes, or roads to handle the traffic? These are basic questions that should be unequivocally answered as the FIRST step in the process!
Scott Kumpf says
Our great commission, bowing to developers vs constituents. Why would they not hold them developers to the original density or to the original commitments? Because the government will get more money for more roof tops. And likely more pocket cash for the dirty politicians like Mullins. Disgusting!
James says
This development and the Cresswind brand will elevate our community in a big way. And comparability to the homes in the area? There’s mobile homes next door…so calm down. Commissioner Dance did the right thing, because his family literally made millions when they sold the property. The traffic is a real concern, one that the School Board needs to help address by improving their pick up and drop off plan at the school, which is a nightmare…but then again, that’s every school in the county around those times. Old Kings being 4-laned needs to be made more of a priority.
Keep Flagler Beautiful says
There are no “mobile homes next door.” The Cresswind homes comprise a small portion of the proposed development, most of which will be small cookie-cutter houses built over a 24-year period. Yes, 24 years of construction pleasure for those living along Old Kings Road. As for the Dance family, who have been nothing but responsible, they sold the land many years ago, with the understanding that if it were ever developed, it would be for “custom homes on large lots, like those in Sugar Mill Plantation and Fairchild Oaks.” When the buyer resold the land, that understanding went out the window, and now Kolter has stepped in to build their version of Margaritaville. FYI, much of Old Kings cannot be widened to a four-lane without encroaching onto private communities or private land. The answer is not to widen a historic Florida highway lined by old oak trees; the answer is to keep the density proportionate to what the road can manage.
Lance Carroll says
There are, most certainly, mobile homes across the street.
James says
No mobile homes? What is Bulow Creek RV Resort. There’s a whole mobile home community back in there? Same on the barrier island. It’s wacky. Mobile homes all over, and everybody getting upset about new houses.
Jeff Miller says
SHOCKER!!
Dennis C Rathsam says
Stuff….em in ALVIN strikes again!!!!! What will he due when theres no land left? I know RAISE OUR TAXES AGAIN, PAY MORE FOR GARBAGE….Here is a novel idea, FIX the TRAFFIC! Make the lights work togeather so we can move about town.
James says
Dennis! This was Flagler County, Dennis! Not Palm Coast, Dennis! Take your witch hunt elsewhere, Dennis! Alfin had nothing to do with this, Dennis! Get your facts straight, Dennis!
Richard Smith says
James relax, life to short to be so angry..
ULTRA MAGA says
How can these FOOLS approve a development without any Traffic, Water Supply, Sewage, School Expansion, and Fire/Rescue Plans! God SAVE Palm Coast before it becomes another Orlando!
Gina says
AND Mullins spoke about how poorly our infrastructure is in PC! Is this not an oxymoron to go ahead and approve this, they should all be ashamed of themselves!
Jane says
More traffic headaches! And let’s get rid of Mullins!
The dude says
Where will any of these people actually work?
This level of growth on the backs of retirees is unsustainable.
The cushy retirements that allow the vast majority of PC’s retirees to live in relative comfort here are a thing of the past.
The next couple generations heading into “retirement” will not be able to sustain all the grass cutters, pool boys, and pizza joints in this area. They will most likely be working for these kinds of places.
Soupy Sayles says
Hopefully they build out that entire Old Kings area near the county line so that we can get some property tax revenue to support that fire station in Volusia County that we are on the hook for to provide personnel.
HammockBear says
Was there any consideration regarding the impact to our medical providers? At this time it takes weeks and months to get an appointment for a general check up to physical therapy in Palm Coast. At this time anyone traveling on Palm Coast Parkways sees the traffic congestions as routine and not due to road repair. Etc. And is there any new development planned for low income housing in either apartments or homes? Finally the big question is Evacuation should a hurricane approach? Basic and important questions need concrete and feasible answers.
Keep Flagler Beautiful says
The commissioners meeting was nothing more than a dog-and-pony show that had to be endured, like it or not, to comply with the rules. With the exception of Commissioners Hansen and Dance, there was no interest whatsoever in hearing public comment. Anyone could tell they had utter contempt for residents who live in the affected area and who turned out last night. O’Brien, Sullivan, and Joe “I Run Flagler County” Mullins knew all along how they were going to vote, and both Mullins and Sullivan made that clear at the previous commissioners meeting. It was a really cheap shot for Adam Mengel to paint a picture of objectors as snobs looking down on the little folk who would be living in the new mega-development. I thought he was going to cry, he was so maudlin. That has NEVER been part of the objection from local citizens. But what IS at the core of the objection is that Old Kings Road between Old Dixie and Rt 100 cannot possibly accommodate the traffic that Kolter’s development, combined with other proposed dense communities, will dump onto it. Nor is there a solution for the huge amount of water (and other utilities) Kolter’s monster development will require. Here’s a news flash: residents will not be able to install wells for sprinkler systems. They will have to use regular city water. Good luck paying those water bills, folks. What a gift from the commissioners — handing over irreplaceable native wooded land to their new pals from Kolter, and forcing homeowners of surrounding communities to endure 24 years of construction before the extravaganza is completed — you read that right. 24 years.
Jane Gentile-Youd says
My questions and concerns ( as usual) fell on deaf ears. Infrastructure is a forgotten word in Flagler County. No answers regarding approval from Fire, Sheriff, Schools, parks, road and bridge and all related necessary municipal services. Level of Services ( LOS) is another forgotten word ( which Mullins thinks means lots of ‘stuff’). Pitiful , frustrating, depressing, and yes infuriating. One of the many reasons I am trying for the 2nd time for county commission.
LAW ABIDING CITIZEN says
Jane : As Mullins was to busy taking up everyones time blaming you for the FCBOCC and the administration for not being able to get things done, WOW look at all the POWER Mullins gives you Jane, that you can prevent a staff of how many people from doing their work! What an insult he made to the staff , and also said that he wants what he said to go on record, but he can sure get the developers work done. Total BS! It’s the LETS BLAME JANE SHOW LOL
James says
What are you taking about, Jane? You left before public comment started on the PUD, after Mullins told you to stop talking in the front row.
Jane Gentile-Youd says
I already made two public comments prior to leaving James: One under Community Outreach requesting Mullins recuse himself from voting on ‘Radiance i.e. Eagle Lakes since Chiumento is his ‘buddy and personal attorney. ( Mullins is involved in several lawsuits which Chiumento represents him -what kind of discounts could Mullins get for supporting Chiumento? Hadeed could care less and said there is ‘no conflict’…
My second time at the podium was item 9a ( the rezoing of the land use ) – I asked that all 3 items be combined because the planning department, Chiumento and the commission want the public to be ‘confused’ as to what is being voted upon. By the time Adam made his snide remark about falsly accusing people to not want ‘those people’ , in addition to Joe’s nasty comment to me, as well as the sugar sweet video of people happily living in la la land it was time to leave .
The handwriting was on the wall – the presentation was way way beyond the normal 15 minutes allowed the applicant and I am sick and tired of Adam Mengel working for the developers at our expense! After 20 years of being present at these dog and pony shows I knew another comment from me would be a total waste of time.
Final note: My husband, who gets up at 4 every morning to make the money to pay our property taxes, likes to have dinner with me and get to bed early. I made a good choice to leave when I did..
Gina Weiss says
Mengel wants to wait for the development to be platted out before doing more comprehensive traffic studies and the expert from the traffic study disagreed saying that this would be TOO LATE to do so.
Rudy Wright says
When it’s gone, it’s gone and no bringing it back. The Developers only care about profit and not what’s best for man and animal survival. Commissioners don’t have a grasp on reality or they’d try to help stop it. Please don’t tell me it’s inevitable growth and it has to happen. When does the growth end? When there is no more Natural Florida, i suppose. I’ve lived in Florida almost 70 years and watched acre by acre disappear. We should be trying to get a hold on development not make it happen. We can’t afford to lose anymore.
The ORIGINAL land of no turn signals says
I was at that meeting and king Mullins sat there looking bored as hell licking the boots of the developer.He is so arrogant he thinks his shit smells good.
John Anderson Resident says
I question how TRAFFIC STUDIES are performed. A few days of counting traffic in the middle of the week at whatever the ‘peak hours’ are, in a small portion of the future development area, then add in an approximate percentage% of growth from 10 years ago, a projected future growth percentage%, & some other confusing data is added to to make it look like a ‘very small change in traffic’ in their 50 page traffic study report. These reports come from the only traffic study company being used by ALL these developers, Lassiter LTG Engineering & Planning in Ormond. I don’t think they include or even consider the other REAL traffic, not just from residents. What about visitors to the residents. The cut-through & sight-seeing traffic. Many delivery vehicles: Amazon, UPS, FedEx. Food deliveries from restaurants, Door Dash, Grub Hub, InstaCart, Publix, & more. Service vehicles: HVAC, pool & house cleaners, roofers, landscapers & tree companies, pest control. What about the school buses (several trips a day). And don’t forget the trash trucks (several trips a week). Are these added to the count? The studies should be at least week long (Sun to Sun) & tracked from each end of the road. The studies should be accurate & maybe even challenged by another traffic study company…..
Keep Flagler Beautiful says
As though it weren’t enough having to listen to Mullins and his commissioner pals defend this atrocity of a development, those who attended the July 11 meeting had to sit through Kolter’s slick, lengthy, obviously very expensive-to-produce propaganda film showing the happy, active people (all ad agency models or actors) enjoying life in another purported Kolter community. Upon its conclusion, Commissioner O’Brien, thinking he was cute, remarked: “Y’know, it wouldn’t work for me right now, but Commissioner Sullivan is single now and there were a lot of good-lookin’ senior ladies in there.” His clueless, sexist remark, which had no place at a government meeting, was followed by hearty chuckles from some of the other commissioners. It’s also quite ironic that O’Brien would make such a comment, since his pal Mullins is being sued for divorce and appeared in divorce court only three days after the meeting. All of this is — O’Brien’s comment and Mullins’ divorce case — are public record on the Flagler County website, the former being on video. One by one, the rotten trio of Mullins, Sullivan and O’Brien need to be voted out and replaced with ethical people that Flagler’s citizens can be proud of.