HAMMOCK DUNES DEVELOPMENT OF REGIONAL IMPACT “Essentially Built Out” Agreement

Location Hammock Dunes DRI – Includes: -Hammock Beach -Ocean Hammock -Yacht Harbor Village -Hammock Dunes -Island Estates When we refer to H.D. DRI –encompasses multiple components. Original development – 6,670 DU and ancillary facilities on 2,258 acres; current approval – 3,800 DU on 2,244 acres. Point out beach access - Malacompra Park, Varn Park, Old Salt Park (16th Rd.), Jungle Hut Rd.

Background What is a DRI? Any development which, because of its character, magnitude or location, would have a substantial effect upon the health, safety, or welfare of the citizens of more than one county. DRIs are regulated by Section 380.06 Florida Statutes and Chapter 28-24 and Rule 9J-2 Florida Administrative Code. What’s a DRI, What’s being requested, why (Legislature extended build out dates for DRIs; developer is attempting to close out which will release guarantees currently in place for infrastructure. City involvement due to request for review and comment from Flagler County. Underlined portion becomes important later in presentation.

Background What is being requested? The development of regional impact is essentially built out, in that all the mitigation requirements in the development order have been satisfied, all developers are in compliance with all applicable terms and conditions of the development order except the buildout date, and the amount of proposed development that remains to be built is less than 40 percent of any applicable development-of-regional-impact threshold;

Performance Backed Conditions ICWW BRIDGE: Applicant is to construct or cause construction of 2 additional lanes on the ICWW Bridge when FDOT and the County determine that the bridge traffic is at LOS “C”. Design and application for construction permits to commence 3 years before LOS “C” operation is predicted to occur. Palm Harbor Parkway: The applicant shall 4-lane all or any part of the road and bridges located on Palm Harbor Parkway between Clubhouse Drive and Florida Park Drive when traffic counts exceed 10,000 ADT. Design and permitting to occur at 8,000 ADT. Palm Coast Parkway: Intersection improvements, when warranted, escrowed for Palm Coast Parkway and Belle Terre Parkway. Multiple conditions, but these two are the “biggies” in cost. Additional surety to cover the cost of development posted in 1999 by ITT CDC after a special meeting was called by Flagler County Commission to discuss CDC’s divesture of its holdings and evaluate and accept CDC’s method of guarantee.

Summary Request for “essentially built out agreement” is from the original developer; DRI obligations created in 1984, never modified;

Recommendation City Council authorize staff to send letter recommending: Condition of Approval 4.1 to widen the ICWW Bridge may have already been triggered as the AADT is 11,000 trips per day, which is LOS C. Therefore, the County should retain the Guarantee for those improvements. Condition of Approval 4.7 to widen Palm Harbor Parkway from Clubhouse Drive to Florida Park Drive is to occur when the traffic volumes reach 10,000 ADT. Even though the DRI is essentially built out, the developer is not relieved of the improvement. The costs of the improvement should remain in escrow and be transferred to the City. Condition of Approval 4.6 should be readdressed to ensure that improvements to Palm Coast Parkway at Belle Terre Parkway either have been made by the County and Developer or will be made by transferring the escrowed funds to the City. AND City Council direct legal counsel to apprise City of appropriate legal steps to maintain standing. The City will have to work with the County to ensure funding is transferred either to the City or FDOT.