Hammock Harbour, the controversial plan for a 240-boat dry-storage facility next to Hammock Hardware in the Scenic A1A corridor, is moving forward with a new development application within the month despite recent hurdles, its developer says. And the parcel is for sale for $5 million. It was purchased just three years ago for $850,000.
The sale has nothing to do with the opposition the project has encountered, not does it necessarily signify that the dry-storage facility will not still go ahead, developer Bob Million said Wednesday. “The intent is still to build it, but if there’s another use that’s easier, I would entertain that,” Million said. “It’s going to be sold once it’s built. And if somebody wants to do the building as opposed to me doing it, I’d do it right now.”
The regulatory steps Million will take don’t require County Commission approval, though it’s likely the matter will end up before the commission one way or another, again.
Million, a long-time Palm Coast resident, has been trying to redevelop the 4.3 acres of the disused Newcastle boat-manufacturing facility next to Hammock Hardware for over two years. He wants to build a 54,000-square-foot dry-storage facility for 240 boats, and a restaurant, there. So far he’s been thwarted by opposition from Hammock residents–through the Hammock Community Association–and court decisions, if only on procedural grounds. Judges have not ruled on the merits of the project.
The opposition has had qualified successes (Million calls it “smokescreens”) even as the county’s planning board and the County Commission have at one time or another cleared the way for the development, with large majorities of both panels unquestionably in favor of it even as they remain leery of the not-insignificant political weight the association’s membership represents. Commissioners will not be thrilled to be dealing with the Hammock Harbour proposal yet again, within a year of the next election, when two commissioners are up: Greg Hansen and Joe Mullins, both of them supporters of the re-development.
Earlier this month the County Commission rejected a proposed amendment that would have incorporated marinas in the county’s Land Development Code, a step that presumably would have made it easier for Million to move forward. The proposal was found lacking by the HCA. The Planning Board and the commission ignored its long list of recommended amendments to the amendment. Million himself found the original amendment badly written, prone to creating more confusion and raise more questions than answer them, even though he considers his project a marina. “I did not want to put the commission in a position where it looked like they just wanted to pass something for me,” Million said.
The universal displeasure with the proposal caused its rejection in a 3-1 vote. It appeared, as an email to the membership of the Hammock Community Association put it, that “Marinas are dead for now!”
But not Million’s proposal. “Bob Million can still submit a site development plan as a special exception but is subject to the existing rules for parking, etc. This will make it extremely difficult to comply,” Dennis Clark, a member of the HCA, wrote the association’s membership on Oct. 4.
Million is doing just that: “I’m going to be submitting a site plane within the next month,” he said, with an application for a special exception. The marina wording in the Land Development Code isn’t necessary for that. In August, the county’s planning board in a 4-1 vote determined that marinas are an allowable use in the Scenic A1A Corridor, as long as an application for one is submitted alongside an application for special exceptions. The decision was not appealed, so it stands. (“They made it legislative, knowing the courts rarely overturn a legislative decision,” Clark said, explaining why the decision was not appealed. “So it seems like a little trick they played.”)
“It’s definitely going forward,” Million said. He expects another round of resistance. “My argument there is going to be, if the building size is too big for a marina, is it too big for a hospital, is it too big for a restaurant, is it too big for a hotel? Why are you opposing it, because of the building size?” The building size is, in act, one of the points of opposition. The HCA has compared the size to the county’s and school board’s Government Services Building in Bunnell. (See the list of allowable and not allowable uses in the Scenic A1A overlay district below the article.)
The site plan’s first regulatory step will be the county’s Technical Review Committee, an administrative but non-binding step where planning and legal issues are hashed out. “When I submit to the TRC it’ll be whatever plan I intend to build unless somebody comes in the meantime and decides to build it different,” Million said. If somebody wants more slips and no restaurants, now is the time to do it, because once it’s built, you can’t change it.”
The plan will then go before the planning board, where special exceptions are to be outlined. Million and the HCA know what to expect: issues of noise, parking, buffers, fuel tank locations, hours of operation.
Will there be the same level of opposition from the HCA? “It’s hard to tell until we get into the site plan and the issues,” Clark said, “but I suspect we will still believe it’s a commercial warehouse and an industrial use that shouldn’t be in the scenic corridor. I believe the HCA would file the same action that it’s done before. I cant speak for the HCA, but I can say that it has not changed, it’s still the same thing.” The county’s land use rules prohibit warehouses in the Scenic A1A Corridor. Million disputes the characterization of the proposal as a warehouse, though he once used the word to describe it (he says only because the county’s planning staff did). It does not prohibit marinas.
The last site plan did not have boat docks. “What kind of marina doesn’t have docks?” Clark asked. He said docks at that location of the Intracoastal would be unfeasible. It’s a narrow channel. He also notes that while Million can go forward with a new site plan, he must still abide by the ordinance’s parking requirements for commercial buildings. It might have been different had the commission passed the marina land use amendment, with different parking requirements for marinas. Since it did not do so, current regulation prevails. Parking is calculated as a ratio based on building size. A building as large as the one Million previously proposed could need more parking spaces than could fit in the acreage, which would then require a variance to diminish the number of parking spots. That would have to go before the County Commission, Clark said. But it’s unlikely the commission would reject such a variance.
David Kendall, a Jupiter-based real estate advisor prepared the 20-page prospectus outlining Hammock Harbour at 5658 North Oceanshore Boulevard as a “proposed waterfront development.” The prospectus lists the building size at 65,000 square feet, plus or minus, and its building height at 50 feet “with approved variance” (it did not get such a variance when it was first recommended by the planning board and approved by the commission. The land is described as “a fully entitled +/-250 slip dry storage marina development site.”
“With so many wealthy individuals nearby, and with no direct access to the water, it would not take very long to fill this dry storage facility and to maintain stable occupancy levels,” the prospectus continues. “With City Sewer currently being installed by the county, the options for multiple commercial uses exist, including a waterfront restaurant, along with the marina.” The reference to that sewer line is another indication of the movement toward development the association has been cautioning as Scenic A1A, already much less scenic than it was when it originally won the designation some two decades ago, continues to lose canopy and character to new developments.
3.03.17. C-2—General commercial and shopping center district.
A. Purpose and intent. The purpose and intent of the C-2, general commercial and shopping center district is to provide commercial uses where compatible business establishments will be planned, organized and grouped in a unified arrangement. Such uses should be designed of sufficient dimension to satisfy all off-street parking needs, and be located along major arterial streets, where the traffic generated can be accompanied in a manner consistent with the public health, safety, and welfare. It is intended that such commercial areas will be located around the interchange of I-95 and Palm Coast Parkway, I-95 and SR 100, I-95 and U.S.1, along arterial roads and other suitable areas when consistent with the Flagler County Comprehensive Plan.
B. Permitted principal uses and structures. In the C-2 shopping center district no premises shall be used except for the following uses and their customary accessory uses or structures:
1. Retail sales and services, excluding: motor vehicle sales and rental; automobile driving schools; boat or mobile home sales and service; car washes; miniwarehouses and water slides.
2. Retail specialty shops.
3. Adult congregate living facility.
4. Auction parlors.
5. Automobile service stations.
6. Bars.
7. Bowling alleys.
8. Art, dance, modeling and music schools.
9. Day care centers.
10. Employment agencies.
11. Financial institutions.
12. Game rooms or arcades for pool, billiards, pinball machines, jukeboxes or other coin-operated amusements.
13. Laundry and dry cleaning establishments.
14. Nightclubs.
15. Professional offices.
16. Restaurants.
17. Travel agencies.
18. Stamp redemption centers.
19. Taxicab stands.
20. Theaters.
21. One (1) single-family dwelling unit to be used only in conjunction with the operation of a permitted business on the same premises; such single-family dwelling unit shall be an integral and contiguous part of the principal business structure and located behind or above that portion of the business structure devoted to service of the public. The building structure must meet all applicable building codes for the respective residential and commercial uses including fire and public safety laws. In no case shall this permitted use be construed to allow multifamily development behind or above a strip commercial center.
22. Other commercial uses of a nature similar to those listed may be permitted upon determination by the planning board that such uses are appropriate in the C-2 district. The standard industrial classification manual will be used as a reference for these determinations.
23. In other general commercial areas:
(a) All uses permitted in the shopping center district.
(b) Automobile driving schools.
(c) Automobile rental agencies.
(d) Automotive repair.
(e) Bus stations.
(f) Boat, mobile home sales and service establishments.
(g) Catering services.
(h) Funeral homes.
(i) Automobile sales.
(j) Pawn shops.
(k) Pest exterminators.
(l) Private clubs.
(m) Tailors.
(n) Trade shops including electrical, plumbing, cabinet maker and heating and air-conditioning.
(o) Veterinary clinics.
(p) Car washes.
(q) Printing.
(r) Hotels, motels and other tourist accommodations.
(s) Restaurants.
(t) Nightclubs, bars.
(u) Hospitals.
(v) Medical and dental clinics.
(w) Miniwarehouses.
(x) Commercial recreational uses.
BII. Prohibited uses in the A1A Scenic Corridor.
1. Adult businesses—As defined in Flagler County Ordinance 2000-17.
2. Mobile and modular home dealerships, repair or service establishments.
3. Automobile sales.
4. Recreational vehicle sales.
5. Automotive repair.
6. Establishments for sales or repair of motorized boats (excluding canoes and kayaks).
7. Tattoo parlors and/or body piercing establishments.
8. Pawn shops.
9. Outdoor storage, excluding plant nurseries.
10. Bus depots.
11. Miniwarehouses.
12. Commercial warehousing.
13. Adult arcade amusement center or other similar entertainment enterprise or business at which electronic, mechanical, coin-operated game of amusement, chance or skill are played, whether for consideration or not when the games are similar to, or in the nature of, slot machines.
C. Permitted special exceptions.
1. Commercial warehousing and contractor storage yards—Provided outside storage is completely enclosed by a solid fence or otherwise screened from the public view.
2. Building material storage yards including lumber yards.
3. Bus depots.
4. Kennels.
5. Machine shop.
6. Roofing contractor.
7. Septic tank service.
8. Tractor sales and service.
9. Truck terminals.
10. Welding shop.
11. Temporary manufactured housing sales center—The “temporary sales center” will be permitted for a specific time frame and the models and their stem wall foundation removed upon time expiration.
12. Roadside vendor subject to the following provisions:
(a) Limited to operation at an approved site, but not within five hundred (500) feet of an existing permanent business offering the same services or products.
(b) Must provide safe ingress and egress to the site.
(c) Must obtain county occupational license.
D. Dimensional requirements.
1. Shopping centers.
(a) Minimum project size:
Area: Five (5) acres.
Width: Three hundred (300) feet.
(b) Minimum perimeter setback requirements for structures:
Front yard: One hundred (100) feet.
Rear yard: Fifty (50) feet.
Side yard:
Interior lot: Fifty (50) feet.
Abutting any street: One hundred (100) feet.
(The minimum required side or rear yards shall be one hundred (100) feet where they abut a residential classification.)
(c) Maximum building height: Forty-five (45) feet.
(d) Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.
(e) Minimum pervious area: Thirty (30) percent.
2. General commercial.
(a) Minimum lot size:
Area: Ten thousand (10,000) square feet.
Width: One hundred (100) feet.
(b) Minimum setback requirements for structures:
Front yard: Thirty-five (35) feet.
Rear and side yard: Ten (10) feet unless abutting any residentially classified property; then thirty-five (35) feet.
(c) Maximum building height: Sixty-five (65) feet.
(d) Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.
(e) Minimum pervious area: Thirty (30) percent.
Da. Dimensional requirements in the A1A Scenic Corridor:
1. Shopping centers.
(a) Maximum lot size: Five (5) acres except for lots zoned C-2 on the effective date of this section.
(b) Minimum perimeter setback requirements for structures:
Front yard: A minimum of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, and for properties with a lot depth greater than one hundred (100) feet, a minimum of twenty-five (25) of the lot depth, up to forty (40) feet.
Rear yard: Fifty (50) feet.
Side yard:
Interior lot: Fifty (50) feet, when adjacent to residential zoning districts or uses; ten (10) feet when adjacent to commercial zoning districts or uses.
(c) Maximum building height: Forty (feet) but not more than three (3) stories.
(d) Maximum lot coverage: The total lot area covered with principal and accessory buildings shall not exceed thirty-five (35) percent.
(e) Minimum pervious area: Thirty (30) percent.
2. General commercial.
(a) Maximum lot size: Five (5) acres except for lots zoned C-2 on the effective date of this section.
(b) Minimum perimeter setback requirements for structures:
Front yard: A minimum of twenty-five (25) feet for properties with a lot depth of one hundred (100) feet or less, and for properties with a lot depth greater than one hundred (100) feet, a minimum of twenty-five (25) percent of the lot depth, up to forty (40) feet.
Rear yard: Fifty (50) feet.
Side yard:
Interior lot: Fifty (50) feet, when adjacent to residential zoning districts or uses; ten (10) feet when adjacent to nonresidential zoning districts or uses.
(c) Maximum building height: Forty (40) feet and no more than three (3) stories.
E. Off-street parking and loading requirements. Off-street parking and loading space meeting the requirements of section 3.06.04 shall be constructed.
F. Site development plan requirements.
1. A site development plan meeting the requirements of Appendix B is required. Lots or parcels of five (5) acres or more require site plan approval by the planning board.
2. Lots or parcels less than five (5) acres require site plan review by the technical review committee.
Fa. Site development plan requirements in the A1A Scenic Corridor. A site development plan as per the requirements of Appendix B (Site Development Plan Review) of the Flagler County Land Development Code, a sign plan, landscaping plan, and building elevations in conformance with the regulations of the A1A Scenic Corridor shall be required for simultaneous review. The site development plan, with all proposed improvements, shall illustrate a tree survey of all index trees on the site both to be removed or to remain.
(Ord. No. 92-03, § 3, 3-30-92; Ord. No. 93-11, § 1, 7-19-93; Ord. No. 95-06, § 4, 8-21-95; Ord. No. 01-26, § B., 12-17-01; Ord. No. 04-11, § 3, 8-16-04)
RTC says
So, are our Commissioners really going to let Mr. Million destroy the A1A scenic corridor in the Hammock area so that he can flip a boat warehouse for a $4 Million dollar profit. Millions for Million. Maybe we need to get more active politically in the next election before our community gets even more destroyed by unsuitable development.
John Stove says
Now (that he has said that if you want to buy it for $5 million “go ahead”)…..all the Hammocks residents who oppose this project should pony up and buy the lot and deed it back to the county as a “preserve” so no future development can occur.
Dont blame the developer for modifying a development plan to meet regulations and then develop the parcel (just like the new Pizza Restaurant building going up on A1A).
Dennis says
Hold it and get rid of the eye sore that’s currently there. Big money always have big mouths.
HammockBear says
What do the residential home owners who live in the area have to say about this? Noise can travel on the water. Million surely thinks the locals are not worth consideration when it comes to business.
marlee says
City Sewer? Sewer along A1A?
What is this about?
Linda Hansen says
This is an effort to get rid of septic tanks that overflow with raw sewage when it floods. It is the City of Palm Coast which will be providing water and sewer to the Hammock. This is going north from the bridge. It is already in as fas as Jungle Hut.
E, ROBOT says
How many pieces of silver crossed how many palms? Only the shadow knows — (reference to ancient radio show). Disgusting — just like the “apartments” going up all over the county. Flagler was one of the last unspoiled places until not too long ago.
Leila says
How is Flagler spoiled now? You are confused. Those apartments were approved by the City of Palm Coast and not Flagler County government. You are mixing up you jurisdictions. The Flagler County Commission only has jurisdiction over the unincorporated areas of Flagler County.
Linda Hansen says
My hunch here is that realizing his boat storage facility had little chance of passing, Mr. Million did what anyone would do and put this property up for sale.
This is a boating community and we could certainly use a storage facility, but one located at such a narrow point in the Channel is probably not a good idea.
Implying that anything in this process is corrupt doesn’t do much to help attract businesses here.
Ray says
Build it
Blerbfivefamily says
If a developer does everything under a development order, land development code and ordinances, pays the fees and all the other required money and provides all required documents and permits the developer has the right to develop the property. What are we supposed to do, use taxpayers money to buy up all the property. if the developer has followed all the rules etc. you can’t keep it from being developed or we will get sued and the court will probably side with the developer.
The dude says
Calling a warehouse a “marina” and resubmitting the proposal is not following the established land development code. It is simply calling a warehouse a “marina”.
I don’t know the whole history here, but if the code that is blocking this boat warehouse was in place when he bought it, well then he either should’ve known his boat warehouse couldn’t get built, or he just figured he’d be able to buy his way into subverting the established land development code.
Edith Campins says
Who didn’t see this coming?
b0b says
I wonder if Victor understands ? Now the “deer in the headlights” at city meetings can plan how he thinks running for a county seat without a resume will let him letter the building “man cave storage”
Big poppa says
No one who lives in the hammock area isn’t even going to use this dump. It’s another thing for out of towners to use and abuse. Keep them on the other side of the bridge. That’s where they wanna live anyways.