John Tanner, the lawyer representing Preserve Flagler Beach and Bulow Creek, the organization opposing the 335-home Gardens development on John Anderson Highway, explains why the organization appealed a circuit judge’s decision clearing the way for the development. The appeal is pending at the Fifth District Court of Appeal.
Preserve Flagler Beach, the grass-roots group opposing The Gardens development on John Anderson highway, had sued the county commission and the developer, charging that the commission’s Nov. 16 decision clearing the way for the development was illegal. Circuit Judge Terence Perkins disagreed.
The 240 apartments in eight buildings on one side of Roberts Road near Wadsworth Park and 112 single-family houses on the other have gained the Flagler Beach City Commission’s approval with hardly a peep from the public, while The Gardens and its planned 335 houses not far off, remains mired in a court battle.
Crews began clearing acreage for The Gardens, a development along John Anderson Highway first proposed under a different name almost 20 years ago, but the controversies and obstacles that have dogged the project since continue, including a lawsuit filed just weeks ago.
Calling it “worrisome” and “nebulous,” Flagler County School Board members said today they are not ready to sign off on an agreement with the planned 335-home Gardens development on John Anderson Highway that would offset projected overcrowding costs in the district’s schools.
The Flagler County Commission at a minute after 11 p.m. Monday approved The Gardens development of 335 homes on the east side of John Anderson Highway in a 3-2 vote, with few conditions, possibly ending the developer’s nearly two-year, three-front battle with county regulators, Flagler Beach government and a community organization that had opposed the proposal. But opponents hinted at litigation several times.
Flagler Beach’s city attorney has drawn up a nine-page document that amounts to a roadmap for the County Commission as the county attempts to balance The Gardens’ development on John Anderson Highway with residents’ serious concerns about the plan.
Placing its full weight behind its new approach, the Flagler Beach City Commission will condition its support for The Gardens on more explicit assurances about road, utility, flooding improvements, and more certainty about a “cap” on future development.
The Flagler County Commission on Monday opted unanimously to table The Gardens’ application for a 335-home development on John Anderson Highway, the latest in a series of obstacles the development has faced since reviving a plan first devised by developer Bobby Ginn a decade and a half ago.
Flagler Beach can and will provide water and sewer to The Gardens, one of the more controversial proposed developments on any local government’s agenda. Monday evening, the County Commission was set to hear The Gardens’ development applications in one of the last hurdles before it can start building.