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Developer of Proposed 204-Boat Storage Facility in Hammock on Collision Course with County and Residents

May 30, 2024 | FlaglerLive | 21 Comments

A mediation session between the developer of a proposed 204-boat storage facility called Hammock Harbour, on State Road A1A, county officials and representatives of the Hammock Community Association lasted over three hours today. It was not fruitful, except to harden the likelihood of litigation ahead. (© FlaglerLive)
A mediation session between the developer of a proposed 204-boat storage facility called Hammock Harbour, on State Road A1A, county officials and representatives of the Hammock Community Association lasted close to four hours today. It was not fruitful, except to harden the likelihood of litigation ahead. (© FlaglerLive)

Flagler County government, the Hammock Community Association and Hammock Barbour, the proposed development of a 45,552 square-ft, 204-boat storage facility and 2,250-square-ft restaurant on A1A in the Hammock, are heading for another likely collision in court. A nearly-four-hour mediation session that started this morning and stretched into afternoon, involving the three parties, failed.

“Somebody is going to sue somebody out of this, that’s what I’ve gotten out of it,” the mediator said toward the end of the session.




The mediation did not start or end on anything like a conciliatory note. Milo Scott Thomas began it with a threat: he’ll file suit against Flagler County on behalf of his client if he doesn’t get satisfaction.

“I’ve never once in my life appeared before a planning board or city or county commission to ask permission for anything to do entitlement work to get approvals. That’s not where I do my work,” the Jacksonville attorney told the people around the table, who included the county’s top administrative leadership and Assistant County Attorney Sean Moylan. “I do my work in the courtroom. I am a litigator. That’s why I was hired. I was hired not to ask permission but to seek a remedy here.”

Milo Scott Thomas, the attorney representing Bob Million, the owner of Hammock Harbor. (© FlaglerLive)
Milo Scott Thomas, the attorney representing Bob Million, the owner of Hammock Harbor. (© FlaglerLive)

Thomas represents Bob Million. Million owns the 4.26 acres he bought in 2018 at 5658 North Oceanshore Boulevard, the former Newcastle boat-manufacturing facility next to the area’s most iconic store–Hammock Hardware. Million has already lost a lawsuit over the property, when he unsuccessfully appealed a ruling that quashed a development order at the site. He’s been looking for ways to develop the site since.

Million wants to develop the property for a commercial, recreational “marina” with 200 dry-storage boat slips and four wet storage slips for larger boats. Three buildings currently sit on the property, one of them a hulking hangar. The owner wants to replace the large hangar with the centerpiece of its development–boat storage and a restaurant.




The Hammock Community Association has not opposed the plan. Only its size. “We’ve been saying since the very beginning: Lower the number of slips, fewer parking spaces, more trees,” Dennis Bayer, the attorney representing the association, said this morning. “We could be done with this. We’ve been saying that for five years.”

For the county, it’s a different issue. Hammock Harbour may develop the property commercially. But based on the plan it submitted, it must apply for a special exception. Million applied to the county’s Technical Review Committee in July 2023 to demolish the hangar and build in its place. The county denied the application last April, concluding that the plan was not a permissible use–not without a special exception.

Hammock Harbour petitioned the county to quash that order and grant approval to the developer’s plans without going that route. It could have sued. Thomas, who laced his threats in magnanimity, said he initiated the process that requires formal mediation instead.

That’s what this morning’s session was all about, before Terry Schmidt, a seasoned mediator (he says he’s done over 6,000 since 1997) with a penchant for storytelling intended either as a tactic to diffuse tense situations–and there were a few this morning–or as entirely meaningless tangents.




The tension heightened the moment Thomas postured, with no indication of compromise. At least not at first. His language was not diplomatic. “We’re not going to ask again,” he told the county officials. “We’re not going to spend a lot of money to appeal things and say, ‘Gee, would you change your mind? Please change your mind on this or that. Please give us permission.’ You’ve made a decision as we sit here today and the decision is to render the property valueless. And if we can’t resolve this, we can’t come to a conclusion, we intend very much so to go do the work where I do the work, which is in the courtroom.”

There.

Except that Thomas, with Million sitting next to him, was overstating the case to the point of disingenuousness: neither the county nor the Hammock Community Association are opposed to the marina or the boat slips. They are opposed to granting a blank check without the controls afforded by the special-exception process.

What would those exceptions be? Thomas and Million weren’t interested in hearing them, because they weren’t there to deal. They consider the special exception requirement illegal. Thomas called it a “non-starter” and a “poisoned pill.”

The county's team, looking at a site plan for Hammock Harbor as it appeared on an overhead screen. From left, County Administrator Heidi Petito, Deputy County Administrator Jorge Salinas, Assistant County Attorney Sean Moylan, and Planning Director Adam Mengel. (© FlaglerLive)
The county’s team, looking at a site plan for Hammock Harbor as it appeared on an overhead screen. From left, County Administrator Heidi Petito, Deputy County Administrator Jorge Salinas, Assistant County Attorney Sean Moylan, and Planning Director Adam Mengel. (© FlaglerLive)

Moylan, the assistant county attorney, said even today’s mediation was premature. Million, he said, referring to him as the applicant, “should have gone through the special exception process. If the applicant didn’t like what came out of that, there was an appeal to the county commission. And if he didn’t like what came out of that, you can appeal to the circuit court by certiorari. Or you could have alternatively invoked this procedure at that time after the appeals, after the exhaustion of your administrative remedies.”

Thomas wasn’t interested. He insisted that there was no special exception allowance the county could invoke, according to code. Bayer at that point held up a note to Dennis Clark, who heads the HCA. Bayer had scribbled: “Ignores overlay.” He was referring to the Scenic A1A Overlay District, which enables–or imposes–stricter development standards on the corridor that includes the Hammock Harbor property. That would seem to be a black and white matter of law even for the most textual of jurists.




Not to Thomas. He spoke as if the overlay was not relevant to the issue.

“That’s why I say this is a poison pill,” Thomas said. “This is not always the county’s intent. I do think it’s other people’s intent, which is if we force them down the special exception route, we have the ace in the hole to beat this.” He was clearly alluding to the Hammock Community Association. “And that’s why this is being done. We can’t be forced to apply for something that doesn’t apply. He says it’s premature. Never going to happen. We’re never going to apply for a special exception.”

That’s an untenable position for the county. “If we were to try to approve the site plan for Hammock Harbor at the staff level without processing it as a special exception, we would be sued, and we would lose,” Moylan said. Those who would sue him were sitting near him: HCA members, and Bayer. “And I would not be able to defend that action in front of the circuit court judge. The judge would look at me and say why didn’t you follow your own rules?”

That’s why the county rejected Million’s last application to the TRC. “I don’t see a way around the special exception process,” Moylan said. “Nevertheless, I do think this is a useful endeavor and not a waste of our time because we can hear each other’s points of view. In a sober discussion outside of the emotions of public hearing.” He was proposing to have each side speak candidly about what was possible. “What we can’t get past from our perspective is the requirement for the special exception process.”

And in fact, to the HCA’s distress, Moylan softened the county’s position later, suggesting that the special exception process may not be as immovable as he initially thought.




The mediation looked as if it were at an impasse. “As long as people hold those positions, I’m sort of a useless appendage to this process,” the mediator said. But he started breaking the deadlock with a simple question to Million: would he be willing to give up one parking space, for example? Million would be, as long as there was logic behind it.

That opened the way to more compromise, even from Thomas, who was now willing to hear what the county or the HCA were proposing by way of conditions. The HCA requested a break to draft a list, and 40 minutes later was ready to present it: No restaurant. No boat repairs or sales on site. No outdoor storage. A reduction of boat slips to 125. Plus some buffering measures.

“Does this pertain to any marina anywhere in the county or just you’re picking on this particular site only,” Million asked Bayer.

It pertains to any similar business in a residential area, Bayer said.




Moylan, however, said Hammock Harbor could not be prevented from building a restaurant if its parking requirements were met, and if the restaurant were not to expand beyond those requirements.

“There’s just no way to avoid that we have sort of a difference of a magnitude here that it seems somewhat unbridgeable,” Thomas said after more shuttling to a different room to discuss the proposal with Million, and–almost three hours into the season–with more diplomacy and respect than abrasive posturing. “This was originally the extra story, 240 slips, now down to 125 And no restaurant. It just renders it not economically viable.”

But it didn’t change the fact that the impasse wasn’t broken.

When Bayer asked Thomas whether his client would entertain any reduction from the 204 boat slips, Million snapped: “203.”

Bayer put away his papers and said it was pointless to go on. “I don’t know if it’s productive for us. To stay here any longer in the process,” Bayer said before leaving. Some of the participants briefly left with him and returned. He did not. (Stakeholders invited to attend included HCA, Scenic A1A Pride, and next-door neighbors).

The next step, if Million is willing to take it–he started the mediation process, he can end it at any point–is for a more formal hearing before Schmidt on July 16 at 9 a.m. at the Government Services Building. The sides would make their case before Schmidt, who would then issue his recommendations. “It’s like carrying the mediation into the next phase,” Schmidt said.

“Under the law we have to give that mediation weight,” Moylan said. Thomas seemed willing to take that step, especially now that they see a crack in the county’s special exception wall. Million less so: “I’m reluctant to spend another $20, $30,000 bucks to to have another one of these.”

So there was significant uncertainty as to whether that formal hearing would even take place when the mediation session adjourned at close to 2 p.m.

Click On:


  • ‘Flagler Commission Expected to Approve Marinas in Scenic Hammock, Clearing Way for Warehouse-Like Boat Storage
  • Opponents Call Approval of ‘Marinas’ Along Scenic A1A an Orwellian Ploy to Let Massive Boat-Storage Facility Rise
  • ‘Warehouse’ or ‘Marina’? Battle Lines Are Drawn Again Over Dry Boat-Storage Facility Along Scenic A1A
  • Planning Board Refuses to Call 240-Boat Storage Facility in Hammock a “Marina” But Will Seek to Define the Word
  • Flagler Government Planning Code Amendment Specifically to Permit Boat Storage Facility in the Hammock
  • Appeals Court Sides With Hammock Association Against County and Developer on 240-Boat Storage Facility
  • Judge Quashes Flagler Commission Decision on Hammock Boat Storage Facility, Halting Project for Now
  • Judge Chris France's Order
  • Association Opposing 240-Boat Storage Facility in the Hammock Takes Its Case to Circuit Court
  • 240-Boat Storage Facility in the Hammock off A1A Will Go Forward as County Rejects Objection
  • Hammock Harbor Re-Developer Seeks to Reassure Skeptical Neighbors of Project’s Scope
  • Hammock Harbour Background
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Reader Interactions

Comments

  1. Billy says

    May 30, 2024 at 4:37 pm

    Might as well just pour concrete and asphalt all of Flagler County! Then the are can be one huge strip mall with storage center, gas station, closed business, and drug dealers on every corner!

  2. Shark says

    May 30, 2024 at 4:37 pm

    Just sue Flagler County – they haven’t won a case yet !!

  3. Billy says

    May 30, 2024 at 4:43 pm

    Maybe we will finally get a descent restaurant in the Hammock !!

    1
  4. Hammock Huck says

    May 30, 2024 at 4:52 pm

    My bet is Bob Million isn’t a Hammock resident, and this is an investment to him. Sorry pal, if that’s the case, take your money and complaining somewhere else. This community has enough arrogant gilipollas already.

  5. Tony says

    May 31, 2024 at 6:40 am

    So what you are saying if he was a resident of the Hammock it would be ok !!!

  6. Why Can't We All... says

    May 31, 2024 at 8:39 am

    Isn’t it odd that in the northern side of the county we have a motivated property owner and builder who wants to improve their property while offering valuable recreation services to county residents and at the other end of the county we have owners of a hazardous, abandoned property (that should be torn down) telling the county that they won’t abide by the terms of a contract that they signed.

    Please commissioners: Allow the boating facility! Tear down the abandoned hotel.

    1
  7. Hammock Huck says

    May 31, 2024 at 12:07 pm

    Absolutely NOT. I’m merely referencing the monetary influence of people who have no interest in this area other than personal financial gain all for another eyesore and overgrowth the beachside doesn’t need.

  8. Jimboden says

    May 31, 2024 at 12:08 pm

    The space was a boat/ship building site. Has been for years. Now vacant. So you want to turn away a person willing to develop something nice to the area instead of a vacant tall building. Just like you, they purchased the property, they should be able to build what they need on it. As long as it doesn’t encroach on others property, they should be able to do their project. Just sue the county or who ever. They never win a case anyway. They end up folding.

  9. Hammock Huck says

    May 31, 2024 at 12:12 pm

    Tear down the hotel, and while you’re at it, deny the boating facility too. If you want a “boating facility,” build it somewhere else. Flagler County needs to reconsider the environmental impact from the over developing it’s causing.

  10. Hammock Huck says

    May 31, 2024 at 12:16 pm

    Not for nothing Billy, but Palm Coast is loaded with restaurants and I cannot find one I’d go back to. What makes you think it will be any different in the Hammock? Fire up your grill and stay home. It’s cheaper too.

  11. Fin whale says

    May 31, 2024 at 3:02 pm

    Its a racquet, people arent allowed to park your boat or RV in YOUR driveway because of backward laws. SO this helps with the boat storage profits. I dont see the issue, trees? They literally just bulldozed 100 acres of forest for a subdivision. the line must go up or the house of cards will crumble. PC is just Daytona 2.0 and Bunnell is the new Ormond. Now you just need the hotels whom primarily employ illegal aliens to move in and own the beach you know for all the tourism.

  12. Billy says

    May 31, 2024 at 9:52 pm

    Hammock Huck you are absolutely right and that includes Captains BBQ

    1
  13. Henry says

    May 31, 2024 at 10:05 pm

    I guess all of the millionaires in the sanctuary are the ones complaining the most !!!

  14. jake says

    June 1, 2024 at 9:29 am

    Here we go with the illegal aliens – Pleas cut down on watching fox – fake – entertainment !!!

  15. Laurel says

    June 1, 2024 at 6:42 pm

    Why Can’t We all: Okay, this boating facility is absolutely ludicrous! They want to add 204 boat slips, to do what? Drive 204 more boats up and down the ICW? Drive the boat north, drive the boat south. Gosh! That was fun! Wanna do it again? Oh, there is Matanzas Inlet in St. Johns County. Race to the inlet, race back again. How about a twin engine boat for that one? Let’s see how many bodies we can stuff in that small inlet area. A regular toilet on weekends. Ugh!

    This is the most ridiculous area for boating. Look, the residents here wanted nothing to do with congestion, and most of the boaters have been small craft operated by folks who liked fishing, even though fishing is limited here. Otherwise, this is not a boating recreational area. There are no inlets to the sea unless you travel to St. Augustine or to Ponce Inlet, which no one does unless they trailer their boats. The river is very narrow here, and very narrow near the site in question. That means an ongoing cluster f**k at the boat lift site, just to go north and south! Wow, how exciting!

    Again, it’s developers who don’t give a damn. They bought the land because it was relatively cheap. They don’t care if there’s nowhere to go! If they went somewhere where boats actually had places to go to, and things to do, it would cost a lot more. The Hammock will get screwed, again. The developers will be gone, and with Flagler’s parking plans, well… The boating situation will become more and more crowded, and people will be dismayed. There is no real thought process here. Absolutely forget about sea life.

    Sorry, but this is the dumbest thing I’ve seen here yet.

  16. Laurel says

    June 1, 2024 at 6:53 pm

    Jimboden: Please, do tell just how many “boats/ships” were manufactured there each year. One? Two? Be honest, give us the facts. Because that’s just a tad different than 204 boats coming and going into a narrow, heavily used area.

    You don’t think “it doesn’t encroach on others property”? Do you live nearby? I’m guessing you don’t. Would you like to listen to the mobile lifts driving forward and backing up and beeping all day long? This side of A1A is nearly all residential. It will encroach on people’s lives daily. It seems that’s the goal of some new businesses lately. To hell with the neighbors who live here.

  17. Laurel says

    June 1, 2024 at 6:59 pm

    Henry: No, you’re wrong. The Sanctuary is on the west side of the ICW. The Hammock is not made up of millionaires, especially on the west side of A1A, but it is interesting so many think so. Logic and research are free. Use them.

  18. Laurel says

    June 2, 2024 at 2:47 pm

    BTW, we were told that one time, the old company launched a yacht they built and the river is so narrow there, that the boat went straight across the river into the west side shore and got lodged.

    Also, we’ve been told by locals that the people involved do not really intend to build. They want the special zoning change, and plan to flip it for a lot of money. I cannot verify that, but it sounds very much like what Star Car Wash was considering.

    Hold tight Flagler County, you’ve already messed up single family residential zoning by adding commercial businesses.

  19. Henry says

    June 3, 2024 at 11:10 am

    Laurel – I said – I guess all of the millionaires in the sanctuary are the ones complaining the most. I don’t understand your response ,

  20. Doug says

    June 4, 2024 at 3:44 pm

    I’ve been a longtime resident of Hammock, and beachside investments such as this marina are destroying the area. Thank you, Laurel. I concur with your common-sense response. Unfortunately, common sense is severely lacking in today’s society, and that goes for some of the comments on this thread.

  21. Mark B. says

    November 1, 2024 at 8:13 am

    I recently moved to Flagler Beach from the West coast of Florida which is a huge boating community. It shocked me how few facilities are available for boaters. I personally have been seeking a high and dry boat storage facility. Refitting the old boat building facility seems like a great idea to repurpose the land. I am absolutely in favor of this development.

    1

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