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Flagler County OKs 6-space parking waiver for Hammock restaurant after hourslong debate
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Summary
The Flagler County Board approved a waiver reducing required off‑street parking from 39 to 33 spaces for a proposed restaurant at 5949 N. Ocean Shore Blvd., preserving a large canopy tree but drawing sustained opposition from Hammock residents over safety and parking spillover concerns.
The Flagler County Board of County Commissioners voted to approve a six-space reduction in required off‑street parking for a proposed restaurant at 5949 North Ocean Shore Boulevard, adopting a site plan alternative that preserves a large rear canopy tree.
At a lengthy quasi‑judicial hearing, growth management staff presented two options for the project: option A would preserve the canopy and grant a waiver for six spaces (33 total); option B would shift the building and provide the code-required 39 spaces but require removal of the specimen tree. Chuck Miranda, acting growth management director, said the applicant refined the project—reducing gross seating from 1,800 to 1,500 square feet and updating employee counts—which changed the parking calculation.
Rob Merrill, attorney for the applicant, and Bruno Difabio, the operator who described the Modern Mex concept, said the design emphasizes an elevated, lower‑turnover restaurant model and a significant back‑of‑house footprint to limit future conversion of kitchen area into extra seating. Merrill told commissioners the team preferred the tree‑preserving option and that the operator walked from New York to appear at the hearing to address concerns.
Several residents and organized groups urged denial of the waiver, citing repeated parking and safety problems along A1A in the Hammock. William Jordan, speaking for the Hammock Community Association, called on the board to enforce existing off‑street parking minimums and questioned whether outdoor seating or later seat expansions would require additional parking. Dennis Clark of Scenic A1A Pride urged the board to limit the building's footprint so seating could not exceed the allotted parking and warned that previous projects had added seats without matching parking. Multiple speakers cited examples of illegally parked vehicles, blocked right‑of‑way and the neighborhood's narrow streets.
Commissioners pressed staff and the applicant on how indoor seating, bar seats and employee counts were calculated and how site‑plan engineering—particularly interior landscape islands and FDOT driveway permitting—might alter the parking yield. Staff said site‑plan technical review and landscape requirements could reduce spaces if not properly accounted for, but also noted the applicant had committed to replanting 61 inches of new caliper inches as mitigation in plan B if trees were removed. Staff and the applicant also emphasized that outdoor seating is limited to 25% of gross seating area under the county code and that any change in seating would be enforceable through site‑plan approvals and code enforcement.
After deliberation, the board first considered and denied a motion to reject the waiver request; later a motion to approve the six‑space waiver passed on roll call: Commissioners Dantz and Hansen voted no; Commissioners Carney, Richardson and Chair Leanne Pennington voted yes. The approved motion included the applicant’s voluntary commitment to preserve the rear specimen tree as represented in the applicant’s option A layout.
The board and staff noted the approval does not prevent future code enforcement or require the board to revisit site‑plan technical details; staff said the project still must complete technical review, building permits and any required FDOT driveway approvals before construction.
Next procedural steps: the applicant will pursue site‑plan review with county staff and obtain required permits. If building plans or parking calculations change materially, staff said the project may return to the board or be subject to code enforcement if it diverges from the approved site plan.
