The Flagler County Commission Monday night reluctantly voted 4-1 to approve a costly and somewhat humiliating settlement in a six-year-old dispute and a year-and-a-half old federal lawsuit against the county by Hammock Harbour, the developer of a proposed 204-boat dry-storage facility and restaurant on a 4-acre parcel on Scenic A1A in the Hammock.
The settlement will cost the county $550,000 and clear the way for Hammock Harbour to build, without the special exception the county had required as a condition before issuing a site plan. The commission vote, however, approved a site plan, nonexistent though it is.
To Bob Million, the owner and presumed developer of the property, the settlement is a major victory that he and his attorney had imperiously predicted. To Hammock residents and the Hammock Community Association, which successfully litigated the issue previously, the settlement was an abject and unnecessary surrender, however regretful were some of the commissioners.
“Shouldn’t have gotten this far. But here we are,” Commission Chair Leann Pennington, who had opposed a settlement in 2024, said. “It’s a large disadvantage to the Hammock and what they’re trying to achieve in the special overlay in the district there. So it’s disappointing, and I want to bite my tongue on the rest of it, because I wouldn’t be polite.”
“What a long, strange trip this has been,” Dennis Bayer, the attorney who represents the Hammock Community Association, told the commission. “When this project first got started, they were trying to put 15 pounds of potatoes in a five-pound bag and sought a variance. Was denied by the planning board, denied by the [County] Commission. They came back with this special use concept, and we prevailed on both trial level and appeal.”
The county decided to draft a marina ordinance within whose parameters the project could have been built. HCA worked with the county. The ordinance was submitted to the commission for approval. “This ordinance comes back to the commission for approval, and Mr. Million stood in front of you and said, it’s not worth the paper it’s written on, and scuttled the ordinance that would have given us guidance, because, to be honest, I have no idea what you’re approving tonight. There’s no site plan in the agenda.” He cited numerous other matters that to him made the settlement premature.
Bayer said this morning that the association has not yet determined what steps it would take next. The association will be discussing that later this week. Further litigation is not out of the question.
The county and Hammock Harbour met in a court-required mediation on Jan. 7 and reached a conditional settlement, with the county paying Hammock Harbour $400,000 in cash and $150,000 in building permit and impact fee credits. The credits may only be used by Hammock Harbour. If the property sells, the credits are lost.
“The potential exposure to the county in this case was substantial,” County Attorney Michael Rodriguez said, with a $5 million difference between the two sides’ valuation of the property. “I did not like the percentages and the likelihood” of the county prevailing before a jury, Rodriguez said. Under the Bert-Harris Act, the owner could have been entitled to up to $5 million for the fair value of the property. Hammock Harbour’s attorneys’ fees exceeded $2.5 million. The county would have had to pay them, if it lost.
That’s not counting the county’s own legal fees, which would have also increased, with possibly a year and a half of billable time before a trial. The case was not covered by the county’s insurance, so any payment would have had to be out of the general fund.
“There is testimony where, under our comprehensive plan, a public use Marina falls under commercial recreation. Commercial recreation is an actual permitted use under the C-2 zoning,” Rodriguez said. It is also on record that a special magistrate ruled that there was a question as to whether imposing a special exception was permissible, when it is not explicitly provided for in the land use code.
“If we would have even prevailed moving forward, it may have been a Pyrrhic victory, because that matter would have come forward under a review, this use at the end of the day would most likely still be a permissible use on the site. So it’s not a question of this being a use that is completely incompatible with the zoning or future land use map designation of this property.”
Rodriguez said some conditions survived, such as a silent forklift to minimize noise. The two sides also agreed to the number of parking spaces.
“What we have today, I think, is really a fabulous new concept to take place of Newcastle Marine, and it will give people that don’t have access to water and a lot of storage a place to store their boats,” Cornelia Manfre, a commercial real estate broker, said, seeing the property as a spur to economic development. “From this site, it’s a fabulous place to be able to start your boating. The idea of a restaurant: Everybody’s begging me to bring restaurants.”
Jody Bollinger disagrees. Her property neighbors Hammock Harbour’s. The land development code “does not list Marina as a permitted use,” she said, and is certainly not “public use marina.” Hammock Harbour has determined it to be similar to a permitted commercial recreation use, a similarity Bollinger contests. Her recommendation was to either deny the use or require a special exception.
Kathy Viehe, who neighbors Hammock Harbour immediately to the north of it, called the settlement “unsettling,” saying that the proposed development “has no place in the Hammock, does not adhere to the Scenic Corridor overlay, the [Land Development Code] or the comprehensive plan. This development is nothing more than a commercial warehouse.” The settlement agreement contradicts Viehe’s assessment.
She was critical of Rodriguez: “We now have a county attorney who’s willing to give in to intimidation, which is really what’s happened here. Rather than fight for the county and its citizens, he is basically telling us that our residential property doesn’t matter and the Hammock doesn’t matter. This settlement is a slap in the face to every taxpayer.”
The Hammock Community Association previously sued the county, and won, over the county’s determination of a land use issue related to Hammock Harbour. Laura Stillman, president of the association, said the 45,000 square foot facility will be commercial by definition. “Calling this commercial warehouse a marina has allowed the Scenic Corridor overlay district to be circumvented,” she said.
Other Hammock residents and opponents of the settlement spoke along much the same lines, citing various objections and regulatory missteps on the county’s part.
Scott Thomas, who represents Million and Hammock Harbour, claimed “the dollar amounts we’re talking about in this settlement are a fraction of the economic losses they’ve suffered while, for six and a half years, they’ve been denied what is simply a permitted principal use of their property.”
Thomas acknowledged the opposition’s “sincere concerns,” but said the opposition was costing taxpayers money. He said the marina is a permitted use under the county’s regulatory rules. “We should realize by now, Hammock Harbour is not going to walk away from this, and I’m afraid I think events show it only gets more expensive as we go forward,” he said.
Thomas referred to the special exception as a poison pill, a characterization Commissioner Andy Dance rejected. “There was an opportunity through that process to build goodwill with the community,” Dance told Thomas. “As you said, it was going to happen sooner or later. It could have been sooner, but we are where we are, because there are some issues,” such as noise.
Notably, had the development application for a site plan been submitted for a permitted use like any other, it would not have come before the County Commission for review, but would have been approved administratively. In effect, the commission’s vote Monday achieved the same result: the site plan, once it materializes, will be an administrative step, moot though the vote makes that step.
Just before the vote, Pennington, the commission chair, referred to the history of the case leading up to the settlement as a “tragedy,” and addressed Million: “You do have property rights, but when I read some of the past on this, I think not all of it was in good faith on your part either,” she said. “Had you gone through the process, there would have been a happy medium to be met here and you would have already been built. I don’t think that when I go through that timeline, I see several attempts for staff and the planning board over and over again, attempting to get this permitted, doing an ordinance that you were opposed to doing, everything they could try to come to some sort of agreement. So that’s where I think that not everybody acted in good faith here. So here we are. So I’ll leave it at that.”
She struggled to get a motion. “Nobody wants to motion for this. Are you kidding me?” Dance said.
Hansen made a motion to deny the settlement, but that got no second. Commissioner Kim Carney moved to approve the settlement, Pam Richardson seconded, the commission voted 4-1, with Hansen opposed.
Using Common Sense says
Mr. Million with his insatiable greed for maximum profits is once again permitted to supersede zoning regulations, bypass comp plan protections, and bully his way into incompatible growth that will have significant negative consequences for the local residents, fragile ecosystems, wildlife, environment, and property values. Disgusting. I hope nobody wants to keep their boats here and Karma comes along sooner rather than later.
FedUp says
Bye-bye, Hammock.
Good old boys club says
Another Flagler County “SNAFU” which will cost the taxpayers. You would have thought after the county severely botched the Captains BBQ litigation they would have learned…apparently NOT !
The county commission just paved the way for massive development in the Hammock and delivered another big screwing to the people in the Hammock.
JoB says
Before commenting, take a listen to the BoCC meeting on YouTube. It is item 8e.
It is pretty interesting. Most folks who spoke during public comment presented facts.
Hello? says
What is your point?
Linda says
@Hello?
That the rights of residents should carry more weight than the developer. Listen to those voices. This is their neighborhood.
JimboXYZ says
I’m still curious as to whether the shuttering of the Boston Whaler facility would be a better concept for facility & location. Whether the old restaurant Hidden Treasure that was shut down during the Covid lie era at SR-100 bridge would even be a better option. Either of those locations is no worse than the concept & location of the Daytona Beach Marina at City Island to the Inlet (Ponce & NSB sides) ? I get the proximity of this Hammock Harbour to the Matanzas Inlet is a location advantage for the boaters. Who knows maybe the boat facility industry has plans for that ?
I’m still thinking if Marina restaurants is a battle cry for a concept, then why is the the old Hidden Treasure location still available ? The SR-100 bridge has unlimited parking in comparison to any of the locations on A1A. There’s a launch there & dockage. I believe there is already a relative boat repair/storage facility (Marine Mechanics) there as well that can be expanded & upgraded ? Seems the Vision of 2050 is a blind one. The fails of Alfinville & any township that followed suit for a direction of rampant approvals for growth is going to cost taxpayers for the rest of our lives for lawsuits & settlements that are no/zero value added. Who knows, maybe this concept fails like so many other “brilliant” concepts have. Marineland, Captains BBQ, Hidden Treasure, Golf courses going as far back as Matanzas Woods, the golf course at the southeast end of Flagler Beach just to mention a couple/few.
Lance Carroll says
The Hidden Treasure area doesn’t have the needed draft space to launch boats.
Laurel says
Thomas and Millions, enjoy the water as I believe you are both bottom feeders. Just like the Margaritaville joke, all you see is your wallets. Nobody’s home. You have no caring for others. You have for caring for Florida. Come cash in at the expense of the people who live here. You are sad people, and deep down inside, you know it, don’t you? Yes, you do.
Flagler County couldn’t fight their way out of a wet paper bag.
Linda says
@Laurel,
This has little to do with Flagler County and everything to do with a state law which recognizes the rights of the owner/developer over the rights of those living in the neighborhood. Basically, big money wins.
Communities ought to have the right to make these decisions. Currently, they do not.
Hello? says
It was horrible that a site plan was not included. Even if the Commissioners typically do not approve it, it does come before them when people there is an appeal. Also with it not being included in the packet that is also made available to the public for review and to be able to make comments at the hearing. The public and the Commissioners were denied this very important piece of information. The Commissioners hardly balked about it. Shame on the county attorney to make this sound perfectly acceptable. They needed to look at the whole picture to make an informed decision. They still could have asked questions. What about the restaurant? Parking? Buffers?
Here we go again says
The Commissioners also never got questions answered about Lot 41 that the residents kept asking about. Adam Mengel just brushed off the question and could not give a straight answer. Why does the Commissioners tolerate this behavior?
GRATEFULDAD says
Proud of you Mr. Million. The county backed you into a corner and you took it easy on them. You fought hard for a necessary improvement along the ICW and you won. Your long fight and your expenses you endured will be a lasting improvement for the benefit of this HAMMOCK COMMUNITY for the folks that actually get it. GOOD JOB!
For those folks that are actually boaters and the few that are actual environmental stewards you will learn that this is a good thing. Less trailers and traffic at an already over used county park that has provided priority to a Restaraunt necessitated an alternate boating experience to this thriving community. Sit back and watch your home values increase as you bitch, do things that are environmentally responsible like work to get rid of septic tanks that leach into our waters and plant more trees that your grandkids can appreciate. Stop criticizing good planners and get behind the process of protecting our waterways and our lifestyles.
People moved here to have access and you have provided something we haven’t had in 20 years since the last dry stack was in operation. Way to go man, and I hope you are able to recoup what you have spent, but now we all know you were right from day 1.
Laurel says
Who the hell are you kidding? If you look at the ICW, north of the Dune bridge, you will see beautiful, ocean green, crystal clear water. Do you know why? Because all the muck is settled on the bottom, and no boats to stir it up. No nasty runoff from Palm Coast yards and roads. The muck comes from storm water runoff, occasional PC water treatment release, and plant debris blown in the water.
Don’t even bother.
Lance Carroll says
The tide/current and wind…along with rainfall amounts to the stirred up silt in The ICW
Greg says
If I remember correctly, it was the Hammock association who convinced the county to stop this, just like they did with Captains BBQ. Both times the county lost. Maybe the county should file suit against the Hammock Association to recover the $500000 plus? Just a thought.
Pig Farmer says
Don’t go to his restaurant, don’t store your boat there. If we all stand united, the next potential developer will see no money is to be made here and they will go elsewhere.
JW says
Sorry, but I don’t understand this other than total dysfunction. But what is new? The whole country is experiencing total government dysfunction for years. The country is being destroyed from within and at the same time is helping destroy the world. Time to study (world) history instead of enjoying sports and entertainment. I keep Ray Dalio’s book The Changing World Order, Why nations Succeed and Fail on my desk. Suggest you read it too!
David Meeks says
And the board wants to fire Petito? Sounds to me the board is the problem not the county administrator!
Hammock Booster says
Where is this now pre-approved site plan? The image Adam Mengel showed to the Commission and public at the meeting did not show dimensions or elevations. Just color coded bubble areas. Maybe it had a legend. No way to tell given it was not a part of the agenda documents. Apparently it is not even physically attached to the settlement agreement.
What about the tree survey? The roadway connection with A-1-A? What about the zoning requirements approved in the early 2000’s to protect the adjoining residential property. Are they overridden?
Since the County staff did not attach the site plan approved by the settlement with whatever conditions applied, how can the Commission make an informed decision?
And the restaurant, how many tables? Elevations? What is the mass and scale of the restaurant?
How will the citizens (or even the Commissioners) know if what is approved by building permits is consistent with the agreed upon site plan? Is it a blank check that the County has handed to Mr.Million? Do we have to solely rely on Mr. Millions’ interpretation of what is “approved”?
Unfortunately, he hasn’t demonstrated to date the good faith we should expect from someone who wants to develop something compatible within a specially designated scenic corridor.
Cornelia Manfre extolled how she brought Publix into the Hammock. Bravo to her! But no, Mr. Million is not the same as the Publix developer who worked with the A-1-A community to produce a value added improvement to the scenic corridor.
“Compatibility” of his project with the surrounding neighborhood is simply not within his DNA.
Lance Carroll says
A site plan is required to be mapped out on most recent survey. Site plan is a square footage proposal and showing structures to be built are within setback rules.
Flagler says
What do you expect with Adam Mengel at the helm? He should be fired!