Flagler County ratifies settlement with Flagler Beach, closing Chapter 164 conflict 4–1
February 23, 2026 | Flagler County, Florida
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Flagler County commissioners voted 4–1 on Feb. 23 to ratify a settlement with the City of Flagler Beach that county staff said resolves five issues raised in a Chapter 164 conflict-assessment proceeding related to the Veranda Bay, Miranda Bay and Summertown developments.
County staff summarized the outcome of a Feb. 13 meeting in which the county, city and developer discussed utility commitments, environmental protections, coastal‑high‑hazard density, traffic impacts and future maintenance of John Anderson Highway. The county’s summary, distributed to commissioners before the meeting, states the city committed to provide potable water, sanitary sewer and reclaimed‑water services for Veranda Bay and Summertown and that related obligations in an earlier settlement agreement have been transferred to the city and the developer without recourse to Flagler County.
The draft resolution (Resolution 2026‑05) outlines five resolved items: (1) the city’s utility commitments for the projects and the transfer of related obligations to the city/developer; (2) joint work with the developer to preserve environmentally sensitive lands tied to the county’s Florida Forever funding application and a three‑year period to seek alternative acquisition funding; (3) recognition of a developer‑proffered John Anderson Highway Mitigation Contribution to offset impacts on evacuation clearance times, with county priority for funds to avoid unacceptable evacuation delays; (4) release of the city and developer from requiring an updated county traffic study while retaining developer responsibility for project‑specific improvements through right‑of‑way permitting; and (5) clarification that the city declined to accept ownership and maintenance of the county’s portion of John Anderson Highway and that the developer’s contribution is voluntary and not intended to fully fund long‑term capital or maintenance costs.
John Tanner, representing Preserve Flagler Beach Beulah Creek Inc., urged stronger protections for John Anderson Highway and nearby wildlife habitat, criticized what he called a change to the original reuse‑water agreement and said residents deserved a clear plan for routing traffic and protecting the corridor. "John Anderson Highway is a piece of Florida like it was," Tanner said, and urged a firm commitment from the developer on traffic routing and mitigation. Tanner also estimated the cost of the reuse‑water obligations at about $47 million.
Commissioner Carney (who identified herself as a Flagler Beach resident during discussion) cited an email from the city manager stating a project expenditure of about $46.3 million and said portions of the project would be funded through the State Revolving Fund and impact‑fee revenue. Carney urged the county to prioritize acquisition of the environmentally sensitive property tied to the Florida Forever application and requested a six‑month update on the county’s sensitive‑lands efforts.
After brief remarks thanking staff and legal counsel for resolving the dispute without litigation, a commissioner moved to ratify the settlement and another seconded. The roll‑call vote recorded four votes in favor and one opposed: Commissioner Dance — Yes; Commissioner Hansen — Yes; Commissioner Carney — No; Commissioner Pennington — Yes; Commissioner Richardson — Yes. The board then adjourned.
The resolution as read by county staff places responsibilities for utility delivery and many project‑specific improvements with the city or developer, and establishes limited county priorities for mitigation funds directed at evacuation impacts on John Anderson Highway and for pursuing conservation funding over a three‑year period. The settlement closes the county’s Chapter 164 conflict process with the city contingent on the terms included in the adopted resolution.
The commission did not adopt any additional language at the meeting directing staff to take new binding action beyond what the resolution specifies; several commissioners requested continued communication with the city and progress updates on both conservation efforts and infrastructure planning.
County staff summarized the outcome of a Feb. 13 meeting in which the county, city and developer discussed utility commitments, environmental protections, coastal‑high‑hazard density, traffic impacts and future maintenance of John Anderson Highway. The county’s summary, distributed to commissioners before the meeting, states the city committed to provide potable water, sanitary sewer and reclaimed‑water services for Veranda Bay and Summertown and that related obligations in an earlier settlement agreement have been transferred to the city and the developer without recourse to Flagler County.
The draft resolution (Resolution 2026‑05) outlines five resolved items: (1) the city’s utility commitments for the projects and the transfer of related obligations to the city/developer; (2) joint work with the developer to preserve environmentally sensitive lands tied to the county’s Florida Forever funding application and a three‑year period to seek alternative acquisition funding; (3) recognition of a developer‑proffered John Anderson Highway Mitigation Contribution to offset impacts on evacuation clearance times, with county priority for funds to avoid unacceptable evacuation delays; (4) release of the city and developer from requiring an updated county traffic study while retaining developer responsibility for project‑specific improvements through right‑of‑way permitting; and (5) clarification that the city declined to accept ownership and maintenance of the county’s portion of John Anderson Highway and that the developer’s contribution is voluntary and not intended to fully fund long‑term capital or maintenance costs.
John Tanner, representing Preserve Flagler Beach Beulah Creek Inc., urged stronger protections for John Anderson Highway and nearby wildlife habitat, criticized what he called a change to the original reuse‑water agreement and said residents deserved a clear plan for routing traffic and protecting the corridor. "John Anderson Highway is a piece of Florida like it was," Tanner said, and urged a firm commitment from the developer on traffic routing and mitigation. Tanner also estimated the cost of the reuse‑water obligations at about $47 million.
Commissioner Carney (who identified herself as a Flagler Beach resident during discussion) cited an email from the city manager stating a project expenditure of about $46.3 million and said portions of the project would be funded through the State Revolving Fund and impact‑fee revenue. Carney urged the county to prioritize acquisition of the environmentally sensitive property tied to the Florida Forever application and requested a six‑month update on the county’s sensitive‑lands efforts.
After brief remarks thanking staff and legal counsel for resolving the dispute without litigation, a commissioner moved to ratify the settlement and another seconded. The roll‑call vote recorded four votes in favor and one opposed: Commissioner Dance — Yes; Commissioner Hansen — Yes; Commissioner Carney — No; Commissioner Pennington — Yes; Commissioner Richardson — Yes. The board then adjourned.
The resolution as read by county staff places responsibilities for utility delivery and many project‑specific improvements with the city or developer, and establishes limited county priorities for mitigation funds directed at evacuation impacts on John Anderson Highway and for pursuing conservation funding over a three‑year period. The settlement closes the county’s Chapter 164 conflict process with the city contingent on the terms included in the adopted resolution.
The commission did not adopt any additional language at the meeting directing staff to take new binding action beyond what the resolution specifies; several commissioners requested continued communication with the city and progress updates on both conservation efforts and infrastructure planning.
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