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Seeking higher density, Byrndog PCP has threatened a $12 million lawsuit.
With Vice Mayor Theresa Pontieri calling the Cascades developers “bullies,” the Palm Coast City Council voted unanimously on Feb. 4 to keep the project’s density limit at a maximum of 416 units. The developer maintains that it's entitled to 850 units.
Neither the city's attorney nor staff made a public presentation on Feb. 4, and the developer was not in attendance.
Instead, an attorney by trade, Pontieri stated her interpretation of the Bert Harris Act case law and the actions taken by the City Council in 2023-2024. She is the only member of City Council who was involved in those votes; the rest have been appointed or elected since then.
Speaking of the developer, she said, "They have no respect for this council, for our attorney, and for our residents. And I will not stand for it." Then she added sharply, "And I am hoping that this council will not stand for it either. Not for nothing; if we were to approve this — approve offering them any more density — it opens up the door for other applicants [...] to threaten us with Bert Harris so they can get more density."
With the vote against raising the density, the council earned the praise of Seminole Woods residents who live near the development, but also exposed the city to a risk: The developer, Byrndog PCP, is threatening a $12 million lawsuit.
THE HEARINGS
The Cascades is a 330.8-acre development located on Seminole Woods Boulevard. It was annexed into Palm Coast in August 2023 and was added to the Landings Community Development District in February 2024. After petitioning for 850 dwelling units in two hearings and being denied, the developer received an unusual rehearing after threatening legal action. But, on Jan. 2, 2024, the 416 limit was upheld again.
Citing the Bert Harris Act, an attorney representing Byrndog sent the city a letter on Nov. 6, 2024, giving the city a deadline of Feb. 6, 2025, to respond to another request to reconsider. The attorney argued that Byrndog should be entitled to at least 850 dwelling units, and that limiting development to 416 units was “unreasonable” and was “concocted and first revealed at a public hearing as a result of (ostensible) political pressure seemingly invited and instigated by certain members of the City Council.”
Pontieri, in her comments at the Feb. 4, 2025, meeting, just two days before the deadline to respond, was indignant, saying Byrndog is trying to take “a third bite at the apple.”
“We’re dealing with someone who is trying to bastardize our system,” she said, “and I cannot abide by that.”
If Byrndog were to bring a lawsuit against the city, Pontieri proposed a countersuit.
'MY BABY'
Several residents praised the City Council, and Pontieri and Norris in particular, for fighting the developer.
Resident Joy Cook called the project “my baby and my nightmare,” referring to her efforts in opposing development near her home.
Norris connected with many of the residents who made public comment, as he was one of them not many months earlier. Before he was elected, he attended the hearings and spoke against overdevelopment.
He asked for the residents to extend “grace” to the new City Council, as they tried to resolve problems they are faced with.
RISK OF LAWSUIT
City Councilmen Charles Gambaro and Ty Miller said they were concerned about the risk of a lawsuit.
“If we were to lose this case, how would our taxpayers pay for that kind of loss?” Gambaro said.
After the vote, Miller cautioned against a spirit of “celebration.” He said it was more of a “lose-lose.”
“We will continue to try to represent you in the right way going forward, but there’s negatives for both outcomes,” Miller said.
Pontieri also was more subdued after the vote. “I agree with you,” she said to Miller, adding: “I don’t want to be sued by a developer.”
But for her, the benefit of standing firm outweighed the costs, she said.
In an interview after the meeting, Miller
“Part of our mandate is smart development, things that add to our city. So when you get into a situation where you’re battling with developers all the time, it could reduce that ability for us to transform the tax base.”
He continued: “Not all growth is bad growth. We have to do it the right way. We can’t just cheer on shutting everything down. People have entitlements to the land, so there is a fine line to walk legally.”
