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Palm Coast council rejects developer's Burt Harris claim, affirms earlier land‑use limits
Summary
The council voted unanimously to reject a settlement offer and to hold the previously adopted zoning/comp‑plan outcome in place after lawyers notified the city of a Burt Harris Act claim seeking higher density for the Cascades development.
Palm Coast City Council on Tuesday directed staff to respond to a Burt Harris Act notice by reaffirming the existing ordinance that limits the Cascades property to the previously authorized 416 single‑family units.
City Attorney and staff advised council that a Burt Harris claim had been filed in November alleging that a 2024 ordinance reduced the developer’s reasonable investment‑backed expectation and seeking compensation or approval of higher density. The claim letter argued the developer is entitled to more units; staff and the city attorney briefed council on two response options: (1) offer to keep the 2024 ordinance in place, or (2) offer additional density (staff’s high‑level review suggested an option of up to 219 additional single‑family units as a theoretical settlement alternative).
Vice Mayor Teresa Pontieri, who served on the council during the original hearings, urged council to reject the claim, arguing the developer had already sought density increases in prior proceedings and that legal precedent does not support a reasonable‑expectation claim where council action — a comp‑plan change — was required. Several residents from Seminole Woods and nearby neighborhoods urged the council to stand firm; speakers said the massing and traffic impacts of the larger proposal would burden local roads, water and services and raised concerns about precedent if the city relented.
After discussion, the council voted unanimously to respond by keeping the current ordinance and not offering additional density in settlement. City Attorney’s office will file the response to the Burt Harris notice consistent with that direction. Council members asked staff and legal counsel to document the factual record and be prepared to defend the city if the matter proceeds to litigation.
The vote affirmed the council’s earlier decisions limiting the Cascades site to the unit count and land‑use approach previously adopted by the council.
