Commentary: More Thoughts on Flagler County’s Short-term Vacation Rental Ordinance
Parking and noise limits should not be part of a short-term vacation rental ordinance. Are renters to be held to a stricter standard than residents and guests? Plus, comments on occupancy limits.
Palm Coast, FL – December 1, 2014 – I object to Flagler County‘s proposed short-term vacation rental ordinance as written. I sympathize with residents who have large mini-hotels next door to their residence. That issue can and should be addressed by a combination of a Flagler County ordinance and Ocean Hammock’s Covenants, Conditions & Restrictions (CCRs). Separate county ordinances for noise, fireworks and parking should be considered for the remainder of the unincorporated county.
Florida has returned significant oversight of short-term vacation rentals to local governments. Now, Flagler County needs to evaluate the different sections of the county, including Ocean Hammock, to determine what rental related issues need to be addressed at the county level. The proposed ordinance tries to cover the entire unincorporated county, as if it were homogenous. It is not. Even plats within Ocean Hammock are dissimilar.
Let’s forget about the rest of the county for a minute and focus on the Ocean Hammock community. After all, it was Ocean Hammock residents that urged Representative Travis Hutson and Senator John Thrasher to sponsor the recent legislation that returned home rule. They also packed the county legislative chambers during the Planning & Development Board meeting and the Flagler Board of County Commissioners first reading of the draft ordinance.
Those Ocean Hammock residents who are lobbying in favor of the proposed ordinance advance the argument that Ocean Hammock is a residential community. But Ocean Hammock was clearly marketed as a resort community offering an active lifestyle. It’s really a collection of separately platted communities permitted by a development order for single-family homes, condominiums and lifestyle amenities. The single-family residential homes in parcels A-5 and B-5 surround ten multi-story condominiums.
Neither the Development Order for Ocean Hammock nor the community documents placed restrictions on rentals, allowing nightly rentals for either homes or condominiums. Only 52.4% of the homes in Ocean Hammock are homesteaded, compared to 67.7% of the homes in Hammock Dunes.
For the years before 2011 when the state preempted local jurisdiction, short term rentals in Ocean Hammock were common. Ironically, if a rental control rules had been put in place prior to 2011,Ocean Hammock would have been exempted from preemption. But there was no cry for a solution at the time because no problem seemed to exist.
After preemption (and still during the Great Recession) investors capitalized on the legislatively created vacuum. Some swept in to rescue distressed properties, buying them cheaply and fixing them up to be marketed as rentals. In some cases, they converted space in the rehabilitated homes to create additional bedrooms. If these modifications were done according to current building codes and permitting requirements, it was perfectly legal. Reportedly, some modifications were done surreptitiously.
Some began building large, multi-bedroom homes creating, in effect, mini-hotels to be used for short-term vacation rentals. These structures were approved at the time by both the Ocean Hammock Architectural Review Board and permitted by Flagler County.
Suddenly, there was a problem. Ocean Hammock residents began to complain about long check-in lines at the security gates, excess noise, late night parties, fireworks, excess traffic and out-of-control parking. And it seemed that the problems would only get worse as investors submitted plans for additional large multi-bedroom homes.
Enter Hutson and Thrasher. Through their efforts, preemption has been largely reversed? What should the Flagler County do next? The short-term vacation rental issues that should properly be addressed in a county ordinance revolve primarily around issues of health, safety and bed and sales tax compliance. As for the rest, if the county needs a noise ordinance, it should pass one. The same is true for parking and fireworks. The county should not wrap these solutions within an ordinance addressing rentals.
Ocean Hammock is currently embroiled in litigation challenging recent amendments to Ocean Hammock community documents and the refusal of the architectural review board to approve any further large multi-bedroom homes. The new rules include stricter parking regulations too. But the county should not be pressured into including noise and parking constraints in a county-wide rental ordinance simply because Ocean Hammock has its hands tied by ongoing litigation.
A properly crafted rental ordinance, combined with code enforcement, should address the bedroom conversion issue. Each home would be registered and certified for a specific number of overnight guests based on the number of “legitimate” bedrooms, or perhaps using a formula that considered the number of bedrooms combined with the number of baths. In areas of the county without public sewer services, septic capacity should be a factor too. The ordinance should prohibit advertising a rental home for occupancy that exceeds the structure’s certified occupancy. Registration and certification will facilitate tax compliance as well.
The Board of County Commissiners (BOCC) should be mindfu that an overly restrictiveordinance would expose the county to legal challenges. This is especially true regarding occupancy. The BOCC should also be mindful of the impact of tourism to our local economy.
I’m told that the Senate Bill reversing preemption was only a few pages long. Those making changes to the county’s proposed short-term vacation rental ordinance should take notice. Imagine what fun social networking would have over an ordinance with 68 ‘Whereas’ clauses. Flagler County might earn mention on the Dave Letterman show.
Let’s do it
Toby, this should be no problem. Why not, we are all advocating that Salamander / LA build an additional 198 rooms, so why not allow this?
I think there are some choice lots in the Northshore area…..lets get some entrepreneurs and get building….and build some mega structures there, as soon as you turn in to that neighborhood.
More jobs, tax revenues….
You are one of the most self serving bloggers on the planet. How many distressed assets did you buy during the bad times and now rent. It is clear that you are speaking from your own pocket book and have lost the readers due to your lack of understanding. I personally think you are getting a bit old and the mind is slipping.
Ocean Hammock started in 1998. It was NOT marketed as a resort community until Lowes Corp sold parcels off to Centex and Bobby Ginn 5 years later. Everyone who purchased property up until then did so with the understanding that it was a RESIDENTIAL community. Now it isn’t??? DCDD should have incorporated when it had the chance.
Have lost all respect
Toby, I previously thought your website provided a good service to the community, but now I’ve lost all respect for you. Your blindness to the facts and disregard to the concerns of the residents you seek to serve are shocking.
You certainly can take a side here but at least know and more important present the facts. Here’s what’s wrong with your article.
– the marketing of Ocean Hammock/Hammock Beach as a “resort community” was based upon the membership in common resort amenities via the HB Club. I don’t know the exact numbers, I could make “the facts up” like you, but I would venture to guess less than half of the OH owners are now members of the Club and few if any are rental owners.
– your homestead facts are taken out of context. Of course Hammock Dunes is higher, its close to being fully developed and 10-15 years older. The single family portion of OH is less than 50% built out. Plus I’m not sure what relevance it has to the issue anyway.
– your statement that prior to 2011, vacation rentals were common in OH is completely untrue. I believe there were only 10 out of 800+ home sites then and now there are almost 70.
– your comment that “suddenly” there are now problems is also patently false. There were so many problems in 2011 that in 2012 the the community voted, unfortunately unsuccessfully, to ban short term rentals altogether. Oh, I forgot, that fact doesn’t support your argument.
– ARB.. the ARB prior to 2014 had no authority to stop these rental homes from being built and so they progressed. This was no sign they were were condoned or accepted. Currently the ARB is not “refusing” to approve large multi bedroom homes, they no longer have the authority to do so after passage of the new POA amendments. Oh, I forgot, those facts don’t support your argument.
I commented on your last article and will repeat again, it is biased and unprofessional journalism on your part to have never interviewed the Ocean Hammock Board or its affected residents to get the facts or at least our side of this issue.
Run with the land for 30 years…
Firstly, in deference to Toby, I think he is coming from the position and stance as moving forward from this point on. There are some merits and and also deficits to this perspective. For many years I have respected his position …but…
Viewing All of this , with ALL of its’ many nuances and from a historical perspective ‘The Palm Coast Project’ was offered to me and ten$ of thousand$ of people as being comprised of 93,000 acres. It was offered as ‘…the largest planned community in the Nation…’ and ‘..the largest New Town in the World…’. A future city to be comprised of approximately 750,000 people.
The total concept of ‘ The Palm Coat Project ‘ can be seen and read in ‘An Approach to a New City: Palm Coast ‘ the 1972 publication by Dr. J. Norman Young, Father of Palm Coast Project in conjunction with Dr. Stanley Dea.
Below is the copy of the first Eastments, Covenants and Restrictions for ‘ The Palm Coast Project ‘ as recorded in the Official Records of Flagler County.
There are other subsequent E,C, and R’s also Officially Recorded as ‘The Palm Coast Project’ grew.
Early on the State Investigators came here.
Later we brought in the Federal Investigators.
There was also Bartons’ claim of illegal platting, etc. They are all called by the News Journal as ‘ Palm Coast Predicaments ‘.
Federal Orders we put in place for the 93,000 acres comprising ‘ The Palm Coast Project ‘. The Atlanta Regional Offices monitor ‘ The Palm Coast Project.
A ‘ Consent Agreement’ , the Federal Trade Commissions’ – F.T.C. Docket C-2854 were put in place. A ‘ 15 Year Compliance Report’ was also Federally Ordered.
Below is the first Easements, Covenants, and Restriction for ‘ The Palm Coast Project ‘ – clearly indicating the position of the Master Developer of ‘ The Palm Coast Project ‘.
(a) the following covenants and restrictions which shall run with the land for thirty (30 ) years from the date hereof, after which time they shall be automatically extended for successive periods of ten (10) years each, unless an instrument, signed by the then owners of a majority of all the lots shown on the aforesaid map, agreeing to change such covenants and restrictions in whole or in part, shall have been recorded….
1. USES and STRUCTURES:
(a) No lot shall be used except for residential purposes. Except as provided in paragraph 2 hereof, no structure shall be erected, altered, placed, or permitted to remain on any lot other than one detached single-family dwelling not exceeding two stories in height and a private attached or detached garage or carport for not more than two cars.
(b) Except as provided in paragraph 2 hereof, no structure or any part thereof shall be used for any purpose except as a private dwelling for one family, or as a professional office of a physician, dentist, chiropractor, chiropodist, optometrist, attorney, accountant, architect, or engineer, nor shall any business of any kind or noxious or offensive activity shall be carried on upon any lot, within or without the dwelling, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
(c) No motor vehicle other than a private passenger type shall be garaged or stored in any garage or carport in any lot. In the event that a multi-unit building is placed on any contiguous lots, as provided in paragraph 2, hereof, then one parking space shall be provided on the property’s site for each living unit contained therein. No detached garage or detached carport , on any lot, shall project beyond the front of the structure thereon.
(d,) Except for a reasonable period during the actual construction of a residence, no trailer, tent, shack or other such structure shall be erected on or used on any lot, except with the express written permission of the Architectural Committee; in no even shall such structure be used as living quarters.
2, MULTI-UNIT STRUCTURES
The following lots shown on the aforesaid plat are hereby designated for multi-unit use:
(b) On those lots designated in sub-paragraph (a) of this paragraph 2, the following number of living units may be permitted in one structure: One lot- 2 units; 2 contiguous lots – 6 units. Notwithstanding the terms of this paragraph 2, no multi-unit structures may be built without the approval of the Architectural Committee, as set forth in paragraph 3 of these restrictive covenants.
(c) In the event that multi-unit structures are erected as herein provided, one parking space shall be provided on the property’s site, for each living unit contained therein.
3. ARCHITECTURAL CONTROL
(a) No structure shall be erected, altered, placed or permitted to remain nor shall construction commence, on any lot, until the design, construction, specifications and a plan showing the location of the structure have been approved in writing by an Architectural Committee ( to be designated from time to time by the Board of Directors of the Company) as to quality, design and materials, harmony with existing structures, and as to location with respect to topography and finished grade elevation. Neither the members of the Committee nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant at any time. In the even that there is no Committee in existence with authority to act as stipulated herein or in the event that such Committee or its designated representatives fails or fail to approve or disapprove any design, location, the kinds of material to be used in a building or any other function required by these covenants to be performed by it, within thirty (30) days after receipt of a written request to do so, then such approval of the Committee or its designated representative shall not be required. In no event will the Committee’s approval be unreasonably withheld nor will any charge be made therefore
4. LOT AREA AND WIDTH: SEST BACK SIZE OF BUILDING:
(a) No structure shall be built on a lot having an area less than 10,000 square feet, except that as to those lots which abut a waterway, having direct access to the Intracoastal Waterway, there shall be no structure built on a lot having an area less than 7,000 square feet.
(b) No structure shall be built on a lot having a width of less than 70 feet ( at the building line of such structure) except that no structure shall be built on a lot which abuts a waterway having direct access to the Intracoastal Waterway of less than 55 feet ( at the building line of such structure).
(c) No part of any structure shall be located nearer than: 25 feet to the front lot line; 20 feet to the rear lot line, 7 1/2 feet from the side lot line; 25 feet to the side street line of a corner lot.
(d) Swimming pools shall not be sonctructed less than 10 feet from rear and side lot lines. Pools constructed in front or back yards , if approved by the Architectural Committee, shall be effectively screened.
(e) The ground floor area of the building, exclusive of one-story open porches, garages and carports, shall not be less than 800 square feet, except that where a lot consists of a multi-unit structure, as provided in Paragraph 2, hereof, the minimum combined living area of each unit shall be 600 square feet.
5. ANTENNAE and TOWERS
No radio, television or similar tower shall be erected on any lot or attached to any building except that a radio or television antenna may be attached to any building provided it (a) does not project more than ten feet above the roof and (b) is connected to the roof solely by a single tubular support.
6. DRILLING AND MINING
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall not be permitted upon or in any lot nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
No animals, livestock or poutry of any kind shall be raised, bred or kept in any lot, except that not more than two dogs, cats or other demesticated pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose.
8. FENCES AND HEDGES
No fence or wall shall be erected or maintained in the front beyond the front building setback line. No hedge over three (3) feet in height shall be permitted along the front lot line. No fence or hedge shall be erected or maintained which shall unreasonably restrict or block the view from an adjoining lot, or obstruct sight lines at corners and at intersections of driveways with streets, or which shall materially impair the continuity of the general landscaping plan. For this purpose, any fence or hedge erected or maintained which shall exceed three feet in height must have the prior written approval of the Architectural Committee, which shall also approve the material and design of any fence.
9. Mechanical Equipment
Any electrical or mechanical equipment, if otherwise visible from any street, shall be completely shielded therefrom by shrubbery or by an enclosure that conforms in architecture, material and color of the dwelling.
10. Garbage and Rubbish
Garbage or rubbish shall not be dumped or burned or allowed to remain on any lot except that garbage, rubbish or other debris, properly contained in a metal or plastic receptable, may be placed outside the dwelling for collection on the day of and prior to the time of scheduled collection, in accordance with the regulations of the collection agency. At all other times, such receptables shall be placed on the lot so as not to be visible from the road.
11. Water and Sewer
(a) All building shall be connected at the lot owner’s expense to central water and sewer facilities within ninety (90) days after such utilities, or either of them, have been made available., except that wells may be maintained thereafter for outside use, including sprinkling, pools and air conditioning., if otherwise permitted by law. After the connection date aforesaid, no cesspools, septic tanks or other individual or privately owned sewage disposal system shall be installed or permitted to be used on any lot.
(b) Additionally, each lot owner shall pay connection fees for the central water and the central sewer systems in the following manner:
(i) The lot owner shall pay the connection fee applicable to the central water system on the date that the system is connected to the building. The connection fee is estimated to be $50.00 , as of the date that this instrument has been initially recorded.
(ii) The lot owner shall pay the feel attributable to the connection to the central sewer system on the date that the said central sewer system is made available to his lot whether or not a connection is actually made at that time to the central system,
or at any time the company coveys title to the lot, whichever date occurs later. The fee for connection to the central sewer system is estimated to be $500.00 , as of the date this instrument has been initially recorded.
(iii) If contiguous lots are used for a multi-unit structure as provided in paragraph 2 hereof, then the connection fees with respect to the central water and sewer systems are estimated to be $50.00 and $500.00 for connection to the central water and sewer systems respectively, for each residential units. The said connection fees, in the case of multi-unit structures shall be paid in the same manner as herinabove stated.
(iv) Since the foregoing amounts reflect construction, installation and materials costs prevailing on the date hereof, they are subject always to future adjustments, at any time and from time to time, to reflect such costs as they may exist on the date herinabove set forth.
(c) It is expressly understood and agreed that the connection fees described in sub-paragraph (b) of this paragraph 11, and all charges for water and sewer service at rates as may be, from time to time, established, shall be and constitutes liens and encumbrances on the land affected thereby and any improvement thereon, and that by the acceptance of title to any of the land with respect to which these covenants and restrictions are imposed, the owner or owners thereof shall be deemed to have agreed to the imposition of such liens and encumbrances. It is further expressly understood and agreed that such connection fees will become a lien or encumbrance on the date on which the respective connection fees are due, as herinabove provided. Charges for water and sewer service will become a lien or encumbrance upon the rendering of bills or statements from the same Said liens may be enforced in the manner provided by law by or on behalf of the Company or any other person, firm or corporation to whom such connection fees or charges due.
(d) The provisions of sub-paragraph (c) shall not apply to lots with regard to which Purchase Agreements have been executed prior to the recording of these covenants.
(a) Perpetual easements for the installation, construction, reconstruction, maintenance, repairs, operations and inspections of sewer, water, drainage or waterway facilities, for the benefit of the adjoining land owners and/or the /Company, authority, commission, municipality or other agency, supplying water, sewer, drainage, and/or waterway facilities, are reserved as shown on the aforesaid subdivision plat; also, easement in general in and over each lot for the installation of electric, gas and telephone facilities are reserved. No building or structure shall be erected nor any paving laid nor any filling or excavation done within the easement areas occupied by or reserved for such facilities.
(b) Additionally, easements are hereby reserved to the Company for the construction, installation and maintenance of any and all utilities, inclusive of electricity, gas, cable TV, cable vision, telephone, water , sidewalk, drainage, sewer and waterways. Such easements shall be confined to a five-foot width along the rear and sidelines of every lot and along every street, road or highway abutting any lot. From and after such times as two or more contiguous lots fronting on the same street are used as a single building site, such contiguous lots shall be deemed to be a single lot for the purpose of determining the side lot lines.
(c) The Company, its successors and assigns, shall at all times have the right of ingress and egress over the aforesaid easements, and right-of-way for the purpose of installing, constructing, reconstructing, maintaining, repairing, operating and inspecting any such sewer, water, drainage, waterway, electric, gas, telephone, cable TV , Cable vision and sidewalk facilities within such easement and right-of-way areas, along the lines designated for such purpose on the aforesaid plat and shall also have an easement in general in and over each lot for access to such easement areas, and the facilities located therein, and for installing, operating, maintaining, repairing, inspecting, and reading any meters appurtenant to such facilities.
No billboards, signboards or advertising devices shall be maintained on any lot except with the prior written approval of the Architectural Committee. Such approval shall not be required for one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the builder advertising the property during construction and sales period or a professional sign or not more than 1 1/2 square feet. A professional sign shall not be illuminated except by non-flashing white light emanating from within or on the sign itself, and so shielded that it illuminates the face of the sign, only.
As used herinabove and herinafter the term “Waterway” shall mean and include all water courses including, but not limited to , streams, rivers, lakes, canals, lagoons, channels, or other bodies of water whether naturally existing, or constructed or excavated, to the extent that such waters and/or shores thereof lie within the boundaries of the tract herinabove described, and whether such water courses are navigable or non-navigable.
15. Preservation and protection of shores and channels.
(a) Control of Shores and Channels
The owner of any land which abuts a non-bulkheaded wateway shall within 25 feet from the said waterway:
(i) not excavate, dredge, modify, or alter any land grades, land elevations, earth work, shore stabilizer of treatment, riprap, sod, planting, bank protection and/or soil cover nor shall he permit any such act.
(ii) at his expense, maintain in good condition, order and repair, in accordance with such reasonable standards as the Company may establish, all earth works, sod plantings, bank protection, lawn or other soil cover.
Irrespective of whether or not a waterway is bulkheaded , the owner shall:
(iii) not dump, or place, nor permit to be dumped or placed, any earth, stone or other fill material or any solid material or waste of any kind in any waterway, nor shall he remove, nor permit to be removed, from any waterway any earth, sand or other fill.
(iv) not damage, destroy, break, tunnel under, tamper with, alter, modify or change in any manner or degree any bulkhead, deadman anchor, bulkhead cap, riprap or other shore treatment, preservative or installation.
(v) not attach or affix, or moor or dock, not permit to be attached or affixed, or moored or docked to any bulkhead or bulkhead cap any cleat, pole, bitt or other device or attachment of any kind without prior written consent of the Architectural Committee.
(b) Reservation of Rights
In addition to the restrictions,k reservations and provisions herein provided, as between the Company and party or parties who hereafter may acquire title to any lot or property fronting on any waterway, the Company does hereby specifically reserve, and unless otherwise specifically provided in any future deeds or conveyances, the Company shall be understood to reserve, all riparian and property rights requisite and appropriate to enforce the restrictions and declarations herein set forth, except that the Company does not now undertake nor has it undertaken any obligation to maintain any canal or other waterway or to maintain any bulkhead, deadpan anchor, bulkhead cap, riprap or other similar related installation.
(co) Piers and Related Structures
No dock, mooring, piling, mooring buoy, floating dock, pier, anchored device, or any similar or related object or structure of any kind, nature or description shall be placed or permitted to exist in any waterway , or beyond the property line abutting such waterway unless:
(I) the supporting structural members of all piers shall consist only of steel, aluminum or concrete or provided same is approved by the Architectural Committee in writing) creosote and equivalently treated timber pile. Wood, provided it has been weatherproofed by creosote or equivalent treatment, may be used for pier docking and for free-standing mooring piles, but not otherwise, for structures which are subject to this paragraph 15(co).
(ii) no docks or piers shall extend more than 12 feet into the waterway unless such waterway is 100 feet or more in width, in which case they may extend 16 feet, in both instances as measured at right angles to and from the property line abutting the waterway.
(iii) unless the Architectural Committee and owners of the lots immediately adjacent consent in writing, the owner of any lot shall not build a pier, if otherwise permitted hereunder, other than perpendicular to the shore line and positioned so that the center line of such pier shall be at the center of the waterfront line of such lot.
(iv) for the purpose of allowing the maximum utilization of the shoreline and navigable waterways for the enjoyment of all owners, and so as not to allow any property owner to infringe upon the used of said shoreline and waterways by any adjoining property owners, the Company hereby reserves the right to examine and approve all plans for piers, docks and bulkheads to be constructed herein. In conjunction therewith, any and all lot owners shall submit said plans in substantial conformity with the above restrictions to the Architectural Committee, and shall construct any dock, pier or bulkhead, only with the prior written approval by the Architectural Committee of said plans.
(d) Mooring and Storage of Watercraft
No vessel, including, but not limited to any boat, yacht, ship, or other floating conveyance shall be moored or permitted to be moored overnight beyond any pier line, except as provided herein, or as established by any appropriate public authority , except in authorized mooring basins. A vessel shall not be permitted to anchor , moor or stand overnight in any waterway except with the specific prior written consent of the Company; and in any event, no vessel or other floating object shall be anchored; moored or placed offshore in any of the waterways so as to interfere in any manner with navigation.
(e) Avoidance of Nuisances and compliance with Law
Refuse, trash or waste material, including, but not limited to petroleum products or wastes, leaves and sewage, shall not be dumped, thrown, ejected or otherwise deposited into or near any waterway. All Federal , State, and local laws, statutes and regulations relating to the use of navigable or tidal waters shall be complied with at all times.
16. Violations and enforcement
(a) Violations of any covenant or restriction may be remedied by the Company, and the reasonable expenses thereof shall be chargeable to the then owner of the lot and by payable upon demand. The foregoing shall be alternative, or in addition, to the enforcement provisions of subparagraph 16(b).
(b) Enforcement shall be by proceedings at law or in equity brought by the Company, its successors and assigns, or by the owner of any lot, against any person or persons violating or attempting to violate any covenants to enjoin such violations or attempted violations or to recover damages or both.
(c) The failure of the Company to enforce any covenant or restriction herein or to remedy any violation thereof, at any time, or from time to time, shall not constitute a waiver by the Company of those or other provisions of these restrictive covenants.
Invalidation of any of the aforesaid covenants and restriction by judgment of court order shall in no wise affect any of the other covenants, which shall remain in full force and effect.
The Company reserves the right to amend this declaration of restrictive covenants and easements at any time so long as it is the owner of more then (50%) percent of the property described herein
There are massive amounts of Documents , there are many issues –
Just one of many is:
Where is our Palm Coast SunSport Beach Club Oceanside ?
It is clearly listed as an Exhibit in the Federally Ordered ‘ 15 Year Compliance Report ‘.
Pls. excuse the typos. Out small Neighborhood group is desperately trying to save some of our Heritage and History since so much of it has been demolished.
…Substantial additional acreage….
Florida Public Offering Statement
ITT COMMUNITY DEVELOPMENT CORPORATION
28 West Flagler Street
Miami, Florida 31230
13,501 homesite lots, typically 80 feet x 125 feet, platted of record in Flagler County , Florida
Sections 1 through 19
Effective date: July 30, 1971
Seller may retain Title and possession of property until all promised Improvements have been completed and warranty deed delivered. Cost to Purchaser for Connection to Central Sewerage, when available, is presently estimated at $500.
State Property Report Disclaimer
“This Public Offering Statement is for informational purposes only. The State of Florida, Department of Business Regulation, Division of Florida Land Sales, has neither approved nor disapproved the merits of this offering. The Subdivider is responsible for the accuracy and completeness of this statement.’
Notice and Disclaimer by Office of Interstate Land Sales Registration, U.S. Department of Housing and Urban Development.”
“This report is not a recommendation of endorsement of the offerings herein by the Office of Interstate Land Sales Registration, nor has that Office made an inspection of the property nor passed upon the accuracy or adequacy of this report or of any promotional or advertising materials used by the seller. Information contained herein has been filed with the State of Florida in the Office of Interstate Land Sales Registration.
It is in the interest of the buyer to inspect the lot and to read all contact documents before signing this contract to purchase or lease.
Prospective buyers and lessees are notified that unless they have received this property report prior to, or at the same time they enter into a contract, they may void the contract by notice to the seller.
Unless a buyer or lessee acknowledges in writing that he has read this report and personally inspected the lot prior to signing his contact, he may revoke his contract within 48 hours from signing his contact, if he has received the property report less than 48 hours prior to signing such contract.
Although a statement of record has been filed with the Office of Interstate Land Sales Registration, the filing has not been examined or verified.”
Page 1 of 4 PC LE 10M-9/71 1013A
Palm Coast is being developed by ITT Community Development Corporation (“the Cmpany”) . The propertyis located in Flagler County, Floirda, less than one miles east of Interstate Highway 95, less than five miles east of U.S. Highway 1, and less than two miles west of State Road A1A, all of which run in a generally north-south direction. It is adjacent to boeh St. Joe Road and Palm Coast Parkway, which run in a generally east-west direction. It is located six miles northwest of Flagler Beach ( Population 1,000) and 11 miles northeast of Bunnell (Population: 1,900) . St. Augustine is 27 miles to the north on State Road A1A and U.S. Highway 1 and has a population of 12,000; Daytona Beach is 24 miles to the south on State Road A1A and U.S. Highway 1 and has a population of 45,000.
Palm Coast, Sections 1 – 19 , consists of 13,501 homesite lots, typically 80 feet x 125 feet.
—–>Palm Coast is the first development of the Company. The Company plans to develop 20,000 acres in Palm Coast at present and may develop substantial additional acreage of contiguous lands held within the ITT system.<------------ Encumberances: There are no mortages encumbering this property. The property is being offered for sale subject too: 1. Public streets and easement for drainage and utilities including community antenna television facilities. 2. ----->Covenants and restriction imposed to limit use of the homesites to residential purposes, to create setback lines, and size requirements, to regulate the use of canals and waterways, to create an architectural control committee and to establish other standards and requirements which are customary for the preservation and maintenance of the residential character of the property being offered.<------ 3. The right of ITT Rayonier, Inc. to harvest merchantable timber on the properties, including plantation timber, until such time as deeds are delievered to purchasers, after which such time rights shall cease. 4. Any applicable ordinances, regulations and statues. ADDESS: Access to the property is from Interstate Highway 95 to State Route 100 and then Old Kings Road to Palm Coast Parkway. Access to homesites will be over hard - surfaced streets. ---------->LAND USE:<----------- The Property is being offered for use as residential homestites. Certain areas of the property have been set aside for multi-family use, and these have been so noted in the Covenants and Retriction recorded in Flagler County. The topography is generally flat; the elevation varies from four to forty feet above sea level. The soil is sandy and supports a growth of pine, oaks, palm and cypress. During wet weather the property does require drainage, provision for which has been made by the Company. Nominal fill may be required for home contruction. There is presently no zoning ordinance in Flagler County. PART II AREA FACILITIES: 1. Fire Protection- The Florida Forestry Service, located seven miles away from the property, makes its equipment available for fire suppression. 2. Police - Police protection for Palm Coast is provided by the Flagler County Fheriff's Department, 11 miles distant. 3. Shopping - There is a neighborhood shopping center in Flagler Beach, six miles from the property' the nearest regional shopping center is in Daytona Beach, 27 miles, distant. The Company has set aside certain properties which may be used for neighborhood shopping facilities as the need develops, but the Company is under no obligation to construct or operate any commercial properties including neighborhood shopping favilities. 4. Schools- Bunnell Elementary School is 10 miles southwest of the property. Flagler Beach Elementary School is six miles southeast of the property. Bunnell High School is 10 miles southwest of the property,. Daytona Beach Jr. College is 30 miles south of the property. St. Johns River Jr. College is in Palatka, 27 miles northwest of the property. Bethune Cookman College and Embry-Riddle Aeronautical Univversity are in Daytona Beach, 27 miles south of the property. Flagler College is in St. Augustine, 27 miles north of the property. Stetson University is in DeLand, 38 miles wouthwest of the property. Jacksonville University is 71 miles northwest of the property. The University of Florida is in Gainesville, 73 miles northwest of the property. County school bus service is available for school children who reside outside a two mile radius of Bunnel Elementary, Flagler Beach Elementary and Bunnell High Schools. Certain sites at Palm Coast have been reserved by the Company for schools and will be made available upon terms and conditions to be determined if, in the opinion of the appropriate governmental officials, the population of Palm Coast so warrants. The Company is under no obligation to construct schools in these reserved parcels. 5. Hospitals - fully accredited and equipped hospitals are within a 30 mile radium. They are: The Halifax District ( 600 beds), Ormond Beach Memorial (100 beds), Daytona General (80) beds, and Bunnell General (35) beds. 6. Churches - All major denominations are located within 23 miles of the property. Baptist, Catholic, Episcopal and Methodist churches are within 10 miles. 7. Recreation - A golf course and club house have been constructed at Palm Coast and nine holes are presently ready for play. The Company proposes to construct a Yacht Club and Marina, which shall include tennis courts and swimming facilities. Tennis courts have already been constructed. All of these facilities are within five miles of the property and will be completed by December 31, 1972. Membership costs and use fees will be established. Fishing , both fresh and salt water, is available within ten miles. Page 2 of 4. IMPROVEMENT" Streets and Drainage - The Company will construct paved streets and drainage facilities in accordance with specifications accepted by Flagler County. the date for completion of the streets and drainage facilities in a particular section will be the Improvement Completion Date as set forth in the Homesite Purchase Agreement. The streets have been dedicated to Flagler County. Streets have a least an 18 to 20 foot driving surface over a 50 foot right of way. Water - Atlantis Development Corporation , a wholly owned subsidiary of the Company, will construct, operate and maintain a water supply system. The date of which potable water will be supplied to any particular secdtion will be the Improvement Completion Date as set forth in the Homesite Purchase Agreement. All buildings must be connected by the purchaser to the central water system within 90 days after such system becomes available to the purchaser's property, as provided in the Covenants and Restrictions heretofore recorded in Flagler County, Florida. Thee Covenants also provide for a connection fee presently estimated to be $50.00, based upon current construction costs. The connection fee is payable on the date the system is connected to the building. Sewage: Atlantis Development Corporation, a wholly owned subsidiary of the Compnay, will construct, operate and maintain a waste collection and treatment system. In Section 1, palm Coast. The Company makes no representation as to the extension of the central sewer system to any other areas of Palm Coast. The Company intends, however, to extend the central sewage facilities to one or more additional areas of Palm Coast, when and as the same becomes economically feasible. When and if a central sewer system becomes available to a lot, the purchaser is required to connect any buildings within 90 days thereafter, as provided in the Covenants and Restrictions. The Covenants also provide that the lot owner shall pay a connection fee on the date that the central sewer system is made available to his lot, whether or not a connection is actually made at that time to the central system, or at the time the Company conveys title to the lot, whichever date occurs later. The connection fee is presently estimated to be $ 500.00 for each lot based upon current construction costs, or for each two units in areas where multi-unit structures are permitted. Until such time as the central sewer system is made available to a purchasers lot, owners of homesites will be required to install their own septic tanks and related drain field for sewage disposal, subject to the requirements of and approval by the Bureau of Sanitary Engineering of the Division of Health, Department of Health and Rehabilitative Services of the State of Florida. The current approximate cost for such installation is $ 350.00. If and when the central sewer system is available to the purchasers lot, no septic tanks or other individual or privately owned sewage disposal system shall be installed or permitted to be used. If a purchaser intends construction of a home prior to the availability of central sewage facilities and the governmental authorities will not permit installation of a septic tank, the Company will exchange his property for another at the then same selling price in an area where such sewage disposal is available or septic tanks are permitted. Canals - The Company intends to construcd all canals by the Improvement Compeltion Date as set forth in the Homesite Purchase Agreement. In addition, the Company has made provision for bulkheading along the main canals, where in its opinion, such bulkheading is advisable. The Company makes no representations as to maintance of the canals or of the bulkheads. The canals are to be a minimum of 60 feet wide and 8 feet indepth. Lakes and waterways in Section 1, 11, 12, and 13 will not have access to the Intracoastal Wateraay. Fentress Cove in Section 1 does not have access to the lakes in said section. Waterways in Section 13 will not have access to those in Sections 11 and 12. Canals and waterways in Section 19 will not have access to the Intracoastal Waterway and may not have access to waterways in any other sections of Palm Coast. Individual Surveys - The lots being offered, although platted of record, are not individually surveyed or staked. Surveys obtained by the lot owner at a cost presently estimated to be between $ 50.00 and $ 75.00 , inclusive of staking. PART III Public Utilities: The Florida Power and Light Company will provide electric service. A $ 20.00 deposit is presently required. Southern Bell Telephone and Telegraph Company will provide telephone service. The minimum connection charge for telephone is presently $ 11.00. Bottled gas is available from independent suppliers. Public Transportation: Major airline connections are available at Daytona Beach, approximately 30 miles distant and bus service is available at Bunnell, approximately six miles distant. There is a non-commercial regional airport in Bunnell, 10 miles from the property. The Seaboard Coast Line Railroad stops at DeLand, approximately 33 miles from the property. Present Development and Occupancy: This is a new subdivision and at this time no homes, other than model homes, have been constructed onthis property offered for sale. Homes are now under construction and initial occupancy is anticipated in March, 1972. Governmental Controls: The Board of County Commissioners of Flagler County, located in Bunnell, Florida, is the governmental entity having jurisdiction. PART IV Method of Sale: Lots may be purchased for cash or on an installment basis. Purchasers receive a Warranty Deed upon completion of payments or on the Improvement Completion Date, whichever is later. Interest is charged on the outstanding contract balance, which will vary from 6 1/2 to 7 1/2 per cent per annum, depending upon the amount of the purchaser's down payment. Although prepayment may be made without penalty, it will not accelerate delivery of the property before the Improvement Completion Date. Exchange Privilege; Provided that all payments under the Homesite Purchase Agreement are current and purchaser is not in default, the Company will exchange the purchaser's property for another available property of equal price, as determined by the then current selling price, or will accept such property in trade, toward the purchase of another available property having a higher price, as determined by the then current selling price. This Exchange Privilege may be exercised at any time prior to the recording of Purchaser's Deed. Purchaser will receive credit for monies paid on account of principal pursuant to the exchanged Agreement. Refund Privlege: Provided that all payments under the Homesite Purchase Agreement are current and purchaser is not in default, the Company will refund to purchaser all monies paid pursuant to that Agreement, purchaser completes a guided tour at Palm Coast and immediately thereafter so requests in writing on forms provided by the Company. The refund form must be executed immediately by purchaser (or by each purchaser, if applicable ) upon completion of the guided tour. The Refund Privilege is personal to purchaser and cannot be exercised by any agents on behalf of purchaser. The Refund Privilege may not be exercised by any assignees of purchaser nor is it applicable to Homesite Purchase Agreements executed by Purchaser at Palm Coast. Types of Sales Program: The property is offered by direct sale at palm Coast and elsewhere through the Company's own sales organization and through registered real estate brokers. The Company utilizes all advertising media, telephone, Company-sponsored parties and home presentations, and the mails. NOTICE TO PURCHASERS THE PURCHASERS SHOULD ASCERTAIN FOR HIMSELF THAT THE PROPERTY OFFERED MEETS HIS PERSONAL REQUIREMENTS AND EXPECTATIONS. MISUNDERSTANDINGS AS TO THE DESIRABILITY OF THE NATURE OF THE PROPERTY OFFERED OR THE TERMS OF THE CONTRACT. BE SURE AND READ YOUR CONTRACT BEFORE YOU SIGN. THE SUBDIVIDER IS REQUIRED TO GIVE YOU AN OPPORTUNITY TO READ THIS OFFERING STATEMENT BEFORE YOU ENTER INTO A PURCHASE AGREEMENT. DO NOT SIGN UNLESS YOU HAVE READ THIS OFFERING STATEMENT. SELLER MAY RETAIN TITLE AND POSSESSION OF PROPERTY UNTIL ALL PROMISED IMPROVEMENTS HAVE BEEN COMPLETED AND WARRANTY DEED DELIVERED. COST TO PURCHASER FOR CONNECTION TO CENTRAL SEWERAGE, WHEN AVAILABLE IS PRESENTLY ESTIMATED AT $ 500.00. ******************** Signature Card was attached below. ********************
I just read the comments. You started a storm. I remember it differently — as an agent in 2003 selling property in the three separate resorts of Ocean Hammock, Hammock Beach and Cinnamon Beach. It was very complicated then with the three owners.
But I distinctly remember it being marketed as a very glitzy resort with great amenities, high fees, and the option to rent your property. A year or so after it opened, management required that new owners buy into the HB amenity package/Club. Even all the owners who didn’t build a home but just had a vacant lot. If you had 2-3 properties, you were expected to pay for 2-3 club memberships. If they didn’t, they were informed they would not have the chance to do so (buy club membership) again unless they paid a $ 20,000 initiation fee. If owners didn’t become members, then the people they sold their property to couldn’t get a membership. Of course, that didn’t work after a few years and many owners dropped their club membership.
The resort even had their own sales staff who were young, good looking, and very slick (in a nice way). Once you brought a customer, these agents took over for you and helped your buyers make a purchase.
It reminded me a little of Kiawah Island Resort in SC. Only glitzier.
I believe that if residents want to make sure there is enough parking, no mini hotels, no noise etc, they should do so within the rules of the HOA and the community. The Resort, in my opinion, was always meant to be rented as a vacation spot. It was never marketed to be like Hammock Dunes. I think it is the HOA that didn’t enforce existing rules. I agree that a building that only has parking for 2-3 cars, shouldn’t be allowed to rent to 5-6 families. But that isn’t a county problem.
Your “Commentary” while reflective of your own personal view fails to give the Flagler County credit for advancing the civility of coexistence between single family residents and renters. Perhaps if you did a little investigative research you would understand that the CBOD is proposing an Ordinance fairly based on pre-existing numerous ordinances found throughout Florida County’s and Municipalities.
Thus all the noise you are falsely generating and other non-residential owners threatening lawsuits will have an impossible hurdle to overcome. There exists numerous precedence as well as court challenged cases where similar ordinances were uphold.
Simply put the CBOD is advancing a level playing field providing for the peace and tranquility of full time residents while protecting unknowing renters from renting a three bedroom home illegally converted to a six bedroom. Such liability and safety protection is also addressed in the proposed Ordinance.
I would suggest your Commentary be best utilized addressing the real estate market and share us your counterproductive “thoughts” resisting the Ordinance as proposed by the CBOD.
So, where do you stand?
All of you need to understand the following….
Do you approve or not approve the Salamander additional 198 room hotel and conference center crammed,into Hammock Beach?
If you do, you should have no problem with renters in this community given prudent management?????
I must tell you, the email trails seem to be a bit hypocritical…before you answer, reflect, think and then assess your position.
Lost Creditability on Rental Issue
Looks like you completely lost your objectivity and as most of your “facts” are wrong you lost your credibility as well.
Shame I used to look forward to your blog but as I can’t trust your facts it’s pointless to read your articles.