State Cabinet Rejects Hammock Beach Developer’s Condominium Appeal

No new condos can be built on land designated in perpetuity for the Hammock Beach Golf Course

Palm Coast, FL – August 2, 2011 – The Florida Cabinet rejected an appeal from the Hammock Beach developer (Ginn-La Marina, Northshore Hammock and Northshore Ocean Hammock Investments) to overturn an Administrative Law Judge’s ruling. That ruling upheld the Flagler County Board of Commissioners denial of permission to build up to 561 condominium units on property restricted in perpetuity for a golf course use. The battle has been underway for two years. It has pitted the developer of the Hammock Beach Resort against residents, residents against residents, and County Commissioners against County Staff.
The developer has taken the position that the requested residential units were already approved by the Hammock Dunes development order DRI (Development of Regional Impact). The units were allocated but unused as the community was built out. But, because the developer chose to put low density development in a cluster approved for high density construction, they ended up with left over allocated units with no place to build them. Their proposed solution was to create a new high density cluster from land restricted for golf course purposed only.
Property owners within the community, especially those owning condominium units argued that views would be spoiled and the character of the resort would be altered adversely. They obtained legal counsel and actively participated in the original arguments against the additional units before the Flagler County Board of Commissioners.
County Staff supported the developer’s original request which was denied by the Board of Commissioners. The staff again sided with the developer on appeal, but the Board of Commissioners again ruled against the developer’s petition. Several local residents did not oppose the developer, especially since the developer had agreed to downsize its original request by reducing the number of units and agreeing to height restrictions.
The war may have one battle remaining. The developer can take the issue to the 1st District Court of Appeals.
The Hammock Beach Club is over-amenitized for the number of residential and condominium units currently built. The developer is subsidizing the Club’s operations. It’s hard to sympathize since the loss of allocated units was a result of the developer’s own poor decision to waste high density allocations on low density construction.  But that does not mitigate the fact that more units could contribute toward the viable operation of the Club and its amenities.
If the Cabinet’s ruling stands, the residents will have won in the sense that their views will be preserved and the oceanfront facility will be less congested. But the developer, without hope of adding additional units to support the Club facilities will need to find a way to bring revenue into balance with expenses. This will likely mean higher dues and/or reduced service levels. Unfortunately, an ideal outcome for all parties was out of reach.

5 replies
  1. Yellowstone
    Yellowstone says:

    How Can He Afford to Do This?

    It is amazing to me to see this Developer continue to build more housing in a downward spiraling condo market like this.

    In addition, isn’t this Developer currently involved in several lawsuits that would prohibit him from moving forward?

    If I were a Hammock owner, I’d be outraged!

  2. Dan
    Dan says:


    As an owner, I wish a win/win could have been reached. Would love to see a high end resort hotel (mid-rise) locate in the location of the club house across to the 9th green. (As an aside, would Palm Coast ever consider relinquishing the public beach access there if a development agreement could be reached? Perhaps with a sweetener of the developer putting some money into the other nearby public access points.) If all parties concerns could be reasonably addressed, seems like it would be a win for property values.

  3. Ann Butler
    Ann Butler says:


    I don’t know where you get your information about the club being over amenitized. Obviously you haven’t tried to get a beach chair or umbrella, attend a exercise class or try to use gym equipment. Your sources are poor!As members we have had to drag the club kicking and screaming to look at ways to be profitable. Just by doing a few things they now say they are profitable. Now we have many weddings every weekend where in the early days they did not even wnat to book weddings.They didn’t want to make Atlantic Grill public or the Ginn Sundancer.They still don’t market either very well.If we had better management and marketing the place would be a goldmine even without ruining our area with 560 new units.

  4. George
    George says:

    Reply to Dan

    Dan, we have asked and asked and asked the city to restore our Palm Coast Oceanside Resort / Amenties since that is one direction the State of Florida Honorable Palm Bondi suggested. Especially since it is within a Federal ‘Consent Agreement’ ordering us that ‘Consumer Redress’.
    We all enjoyed them for decades and they were very desirable. If they could be restored Historically that would compliment the Scenic A1A corridor and the Levitt ITT height and density restrictions would help also.
    PALM COAST< Florida This rapidly growing planned community is becoming the ‘Resort hometown’ planners at ITT Community Development Corporation envisioned ten years ago.
    The "hometown’ aspect of life in Palm Coast is evident everywhere. Citizens are involved with community growth; activities and challenges. Local government and ITT-CDC play stong roles in planning for and meeting those challenges successfully.
    The ‘Resort’ envionment is Florida at her finest. Palm Coast golf courses and all-surface tennis club have earned national recognition. Complimenting these are five miles of beach.., a new beach club with pool, waterways and marina for boating, community-wide landscaping and a waterfront hotel and timeshare resort for vacationers and visitng friends. It is an atmosphere that attracts new industry, stores, services and more than 100 new residents each month to Palm Coast.*
    * The Palm Coaster, Winter 1988, Page 1.

    Palm Coast, Florida – If you’re not among the lucky 11,000 or so who live here all the time, you can still enjoy the Palm Coast life for a week or two or more, at vacation resorts among Florida’s finest.
    Seeing is believing, so we shall let pictures do most of the talking.
    A pelican’s view of a people’s paradise…the Palm Coast beach, and new beach club, a place in the sun for vacationers and residents.
    The Sheraton Palm Coast Resort and Palm Coast Marina…early evening.
    The Harbor Club vacation ownership resort…villas surrounding Oak Tree Island.
    You’ve seen the photographs. Now see the real thing. For Harbor Club sales information—vacations for a lifetime–contact your nearest Palm Coast sales office or call toll-free 1.900.874.1828 and ask for the Harbor Club at extension 870.
    To reserve your waterfront room at the Sheraton, call 904. 445.3000 and ask for the Harbor Club at extension 870.
    Palm Coast property owners can arrange for a holiday through area sales offices.GET LOST" AT THE SHERATON PALM COAST RESORT INN
    (Below is the Beach Club on A1A that ITT Levitt, the Developer Pledged )

    "Get Lost" at the Sheraton Palm Coast resort Inn If you are traveling to Florida to get lost for awhile there are two great ways to Get Lost at the Sheraton Palm Coast Resort Inn located on the Atlantic Ocean beach about 28 miles north of Daytona Beach on the scenic oceanside highway, State Road A1A. The hotel is offering two package vacation plans for those seeking a way to get lost. One way to get lost is called the Honeymooners’ Paradise the other is the Golfers Weekend. Either adds up to four days and three nights.
    The Sheraton Palm Coast Resort Inn is built in the Old Spanish Missionstyle, with coquina rocks and nestled in acres of green , rolling lawn sprinkled with subtropical trees and shrubs with access to five miles of beautiful beach. Each airconditioned guest room has double beds and color television. Honeymooners are guaranteed a room with an ocean view.
    The ocean is just a few steps away. Also close by is the Intracoastal Waterway, which offers good fishing, boating, and waterskiing. On the Inn grounds, there is a large free form swimming pool surrounded by sundecks. Close by are two tennis courts which will soon be lighted for night play.

    Just a short ride by boat is an 18 hole championship golf course, the Palm Coast Golf Club. ( using the ‘Boat to Golf’ Dock at the Golf Course)

    The Golfers’ package includes unlimited play at the Palm Coast Golf Club, an electric cart, a gift package of golf balls and a complimentary bucket of practice range balls daily at the Pro Shop. At the Inn, the cuisine is superb in the Coquina Room or Cafe del Mar. The newly completed Beachcomber Bar, located beside the pool, offers the finest in mixed drinks and sandwiches. Dancing and nightly entertainment are popular in the newly decorated Jon-kanoo Lounge. For a slightly different atmosphere the visitor can also eat at the

    Palm Coast Yacht Club across the Intracoastal Waterway.

    Sightseeing is a must at nearby historic St. Augustine and Marineland, and Daytona Beach, is just a shosrt drive for shoppping or touring. For the young at heart, Walt Disney World is approximately 98 miles away.*
    The Palm Coaster, Summer 1978, pp. 10-11.

    Pls. Note Above: Statement how the Palm Harbor Golf Course ‘Boat to Golf ‘ Dock was inextricably intertwined and interwoven in the Advertising and Sales Promotions.

    ( we didn’t attach the Federal ‘Consent Agreement’, its Federally ordered ‘Compliance Report’ with Exhibits A and Exhibits B because it they are just to massive )

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