By John Tanner
In November 2020, the Flagler County Commission approved development applications for the Hammock Beach River Club, now known as The Gardens, a proposed development of some 335 homes off John Anderson Highway. The nonprofit group called Preserve Flagler Beach and Bulow Creek appealed the county’s decision in Flagler County Circuit Court.
Circuit Court Judge Terrence Perkins upheld the Commission’s decisions in September. Preserve Flagler Beach appealed the decision to the Fifth District Court of Appeal. The Appeals Court will consider Preserve’s Petition For Writ Of Certiorari–that is, Preserve’s request that the court review the case–challenging:
- The validity of Flagler County’s approval of development applications for The Gardens.
- The failure of the county to abide by the Flagler County Land Development Code.
- The failure of the County Commission to require the developer to comply with the conditions of County Ordinance 2005-22 and the controlling original Planned Unit Development of 2005.
- The lower court’s conclusion that neither Preserve Flagler Beach and Bulow Creek nor the adversely affected residents of nearby neighborhoods have “standing” (that is, the right to seek court protection.)
In 2005, the county approved a planned unit development for developer Bobby Ginn, who had originally intended to develop some of the acreage that has now become The Gardens. The 2005 ordinance and agreement require the developer to:
- Build a waste water treatment and disposal system for the City of Flagler Beach.
- Construct an off-grade crossing over or under the John Anderson Scenic Highway.
- Limit the number of houses in the development to 453 single-family dwellings.
- Build an 18-hole golf course, providing a discharge area for the City of Flagler Beach’s recycled water and ending the dumping of city sewage into the Intracoastal Waterway. The city will be required to stop that dumping in the next few years, by state law.
The current developer bought the property in 2018, and county commissioners agreed to continue operating under the original 2005 PUD Agreement. But they did not require the developer to comply with the conditions of PUD Ordinance 2005-22, or the original agreement.
Preserve Flagler is a nonprofit citizens’ organization that supports smart growth, consistent with protecting the unique character and environment of Flagler County and Flagler Beach. Preserve’s members have volunteered hundreds of hours and donated tens of thousands of dollars trying to protect the Bulow Creek ecosystem, water recharge area and the John Anderson Scenic Highway. At risk is the quality of life and property values of the citizens who will be directly affected by the proposed mega development. Does anyone even care about the deer, turkeys, panther, bobcats, bears, gopher tortoises, otters, manatees, game fish hatcheries, countless exotic water birds and small creatures?
At a recent County Meeting, Commissioner David Sullivan opined that Preserve’s appeal might be for “delay.” That is simply not correct. Preserve petitioned the appeals court to block what we believe to be harmful county actions and to affirm the right of all citizens to seek judicial protection from harmful invalid government action.
Last year, the St. Johns River Water Management District determined that The Gardens was clearing land without necessary permits. The management district requested that the developer immediately cease clearing land between John Anderson Highway and the lntracoastal Waterway. The ensuing delay of many months was caused by the county not enforcing its own Code and the developer’s failure to comply with the St. Johns River Water Management District permitting requirements.
The developer’s initial plan for this property was a megadevelopment with nearly 4,000 residential units, 12 story condominium-apartments, and 510,000 square feet of commercial space. This litigation only addresses “Phase One” of the developer’s project. How many more residential and commercial units will these county commissioners allow him to build on this sensitive and unique property?
This 825 acre parcel is one of the very few natural wilderness areas left along the entire coast of Florida. If we allow it to be destroyed, there will never again be a place like it. The state and the county should buy this land for public use as a non-motorized wilderness park and canoe launch. Our children could experience a little piece of Florida “as it once was.”
John Tanner, a former State Attorney, represents Preserve Flagler Beach and Bulow Creek Inc.
Ray W. says
Thank you, John. Sometimes, the highest and best use of property is to leave it alone. Not always, but sometimes.
And thank you, Mr. Tristam.
Jimbo99 says
The only high & dry ground remaining in the swamp land, so they’ll populate it, just means long commutes to the grocery store & really any infrastructure to support the residential.
John Stove says
“Preserve Flagler Beach” and all such interested citizens should step up to the plate with a grass roots movement and use their money to purchase the lots(s) from the developer at Fair Market Value. They then in turn can deed the property over to the county in perpetuity for the sole purpose of conservation as a green space, never to be developed.
If not…..then developer has a right to build on that lot (as it has always been zoned for development) and let the developer face the challenges of permitting and approval.
“Preserve Flagler Beach” is just a NIMBY (Not In My Back Yard) organization and isnt really proposing any solutions….
Dennis C Rathsam says
Save the history, the historic land full of fish, birds, crabs,deer, rabbits, ,,turtles,ect….These are all gods gift to humans, he put them on earth so we could enjoy them., not destroy them. When will someone stand up to human greed!!!! We need more houses in Flagler like we need another pandemic!
Dennis says
Do you really think that anyone cares about the deer, turkeys, panther, bobcats, bears, gopher tortoises, otters, manatees, game fish hatcheries, countless exotic water birds and small creatures? They only think about the tax dollars they get to spend or waste. Stop the growth!
Susan says
Enough with the building and housing developments those allowing it are destroying nature and wildlife. There are plenty of empty lots that you can build on but 300 plus homes is far too much.
capt says
Pretty much what is occurring in our little county is occurring throughout FL, it’s all about the money when it comes to clearing good forest land which we will NEVER EVER get back all to support the money moving into this state. Shame.
Resident says
Ah yes….I would really want John Tanner helping me….NOT. We should not forget, he was there holding Ted Bundy’s hand on death row.
Celia M Pugliese says
Applause to Attorney Mr. John Tanner! Have faith that justice will prevail and the appeal will be successful for the residents and you! The preservation of our quality of life in this county and cities has become a 24-7 battle for us the taxpayers whose pleads are consistently ignored by the very officials we voted to represent us! Greed has become more important than our Quality of Life. You are correct Mr. Tanner that land should be acquired for preservation the same way that the Matanzas Golf Course 278 acres should have been bought by the city of Palm Coast for mere $300,000 in the mid nineties. Look what is happening now to the adjacent residents that paid then premium prices to ITT-ICDC for land and house adjacent to the Matanzas Golf Course: https://www.news-journalonline.com/story/news/local/flagler/2020/02/23/neighbors-decry-development-plans-for-abandoned-palm-coast-golf-course/1653803007/.
Timothy Patrick Welch says
To those involved with Preserve Flagler Beach and Bulow Creek…
Resistance is futile, the buildout of Florida continues.
My suggestion is to purchase the land around Bulow Creek before its gone. Maybe a Government park, or preservation area, or rally the rich locals, or set aside the area as a carbon offset.
Patti Swenson says
Yes, please stop this over development. We all enjoy the area even if my home isnt directly affected it will be indirectly by traffic and an influx of people. As a photographer l spend hours in the area because of its beauty.
starryid says
Yes they are all God’s gift to humans. So are the horses that bring so much comfort and joy to the Veterans and handicapped children that visit them at Whispering Meadows Ranch. Why does John Tanner have such a strong opposition to them???
TG says
I suggest everyone work together vs BS. Find positive ways that work for everyone, not BS.
Mary Lumus says
Hit the nail on the head sir.
Crusty Old Salt says
Actually, the property was zoned agricultural/timber on the County’s Future Land Use Map, which would have permitted 1 unit per 5 acres of property. This was the density approval Ginn received regarding the number of units allocated to be built under the initial approval. This PUD approval allowed for 453 units to be built under that ag/timber density zoning.
Having said that, the development approval now does not cap the number of units per the original density PUD agreement. That is clear by the “Phase One” of the project. How many more units will be proposed in future phases I believe are the concern of the parties opposing the development. In addition, how many hundred’s of thousand of commercial development may also be requested at a future date is another concern. While there are a multitude of other concerns that deviate from the initial approval process, this certainly is a night and day different animal that was originally approved under the Ginn PUD.
While the current developer certainly has entitlements from the original Ginn approval, they should end there. The developer purchased the property knowing what entitlements and vested rights he had at the time of closing.
By the way, this is Not in my back yard.
protonbeam says
I always find these movements unpacking in irony. It’s like the current sign out front of a house the FB bridge. It’s reads “save the preserve” and is against some development. The house, along with all the others is 20 or so feet away from the preserve and obviously would be preserve, if the land wasn’t burned and bulldozed to put there house there. I think If those people have the real courage or their supposed conviction they would demolish their homes and let nature reclaim the land or donate it to a trust upon their death. But what you actually find is the only impact they care about is to their own selfish desires.
Shawn says
Mr Resident you have know idea of what he was doing, what information he got from as you say “holding his hand”! Where is Ted Bundy now, get out of the past it is blurring your future!
palmcoaster says
I can see developers and other special interest influenced posters here…
Ronee King says
Agree! I live on John Anderson and this development will negatively effect our way of life.
Stop this insanity!