- February 11, 2025
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The Cascades isn’t going away quietly.
The Palm Coast City Council voted on Feb. 4 to reject the developer’s claim that it had been illegally denied its ability to develop its property, three miles south of Seminole Woods Boulevard, to its highest use. The developer intends to follow through on its threat.
“The City has left my client no other option but to file suit under the Bert Harris Act and other causes of action,” attorney Michael Chiumento wrote to the Observer on Feb. 11, representing the developer, Byrndog PCP. “The law suit will be filed in the future as deemed appropriate.”
Cascades was brought to Planning Board once and City Council three times over the past two years; the developer has sought an amendment to the city’s Future Land Use Map, to allow 850 residential units in the Cascades. Previous to annexing into the city, Cascades had been approved as a planned unit development, under Flagler County codes, at a maximum of 416 residential units.
State agencies reviewed the 2023 proposal and had no comments or objections. The Planning Board recommended approval by a vote of 4-1. City staff recommended approval, noting that the increase of units would result in an “increase on the demand for services and infrastructure” that would be evaluated during the site plan/platting process. "Any deficiency found in the infrastructure system may require the developer to pay a proportionate share of the improvements necessary to address the deficiency.”
Before getting to the site plan/platting process, the City Council voted to limit the total units to 416, denying the max of 850, due to concerns with overdevelopment in Palm Coast. In response, Byrndog sent a letter citing the Bert Harris Act, along with an appraisal that put its property as being worth more than $12 million.
On Feb. 4, the City Council, led by Vice Mayor Theresa Pontieri, voted to reject Byrndog’s letter. By doing so, the council stood firm against allowing more than 416 residential units, and also accepted the risk of the lawsuit.
The developer maintains that it has been entitled to 850 units — or more — all along, and that the city’s votes are not legal.
“My client has never asked the City for any additional unit as suggested by members of the Council,” Chiumento wrote to the Observer. “Under the Bert Harris Act, the only available remedy is compensation in the amount identified in the appraisal we provided the City."
