142-acre parcel on Roberts Road to become residential development, annex into Palm Coast

Also: Palm Coast adds property rights clause to Comprehensive Plan.

The land is south of the Boston Whaler property. Image courtesy of the city of Palm Coast
The land is south of the Boston Whaler property. Image courtesy of the city of Palm Coast
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Palm Coast is getting a bit bigger: A developer is planning to build single-family homes on a 141.7-acre property on Roberts Road, and the city is annexing the land. 

The vacant property along Roberts Road, known as Grand Reserve East, comprises the very last parcels within the Palm Coast Utility Service Area — the region of parcels that, if they annex into the city, can receive city water and wastewater service.

The property owner, M.L. Carter Services Inc., requested the annexation in preparation for the development process.

"This is a necessary step before, really, we can do anything with the property," said attorney Jay Livingston, representing the owners.

The service area and the annexation policy were created in more than a decade ago during what were known as the "water wars" between the county and its cities as the municipalities fought over who should provide water service in which areas and at what cost, Palm Coast Senior Planner Jose Papa told City Council members at an Aug. 3 council meeting. 

The City Council approved the annexation 4-0.

The owners will next submit a Future Land Use Map amendment request and a rezoning request, Livingston said.

The parcels are currently listed on the Flagler County Property Appraiser's Office website as vacant commercial land.

Palm Coast adds property rights clause to Comprehensive Plan

Palm Coast will update its Comprehensive Plan to add a property rights clause required by a new state law passed in the last legislative session. 

"The purpose of this element is really to express the Legislative intent that governmental entities will ... respect the judicially acknowledged and constitutionally protected private property rights that are enumerated in the Constitution of the United States and also in the state Constitution and the state Comprehensive Plan," Palm Coast Senior Planner Jose Papa told City Council members at an Aug. 3 meeting.

The amendment states that the city, in its decision making, will respect the following rights:

  • "The right of a property owner to physically possess and control his or her interests in the property, including easements, leases, or mineral rights.
  • ​The right of a property owner to use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances.
  •  The right of the property owner to privacy and to exclude others from the property to protect the owner's possessions and property.
  • The right of a property owner to dispose of his or her property through sale or gift."

The language in the city's Comprehensive Plan amendment mirrors the language of the state law. 

The Palm Coast City Council voted 4-0 to approve the amendment.

 

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