The Agricultural Enclave application count in St. Johns County is now at eight.
The latest filing, submitted Aug. 6, seeks certification for a 310-acre property west of Pacetti Road and north of County Road 208 in northwest St. Johns County.
The property is owned by AFI Associates Inc., a St. Augustine-based corporate affiliate of real estate developer The Hutson Cos. Ellen Avery-Smith of the Rogers Towers law firm is the applicant and representative.
Florida Senate Bill 686, which took effect July 1, created a new process allowing developers of qualifying agricultural properties to seek county certification before pursuing residential projects.
As approved, the law limits county authority over qualifying agricultural enclaves by establishing a streamlined review process that allows developers to bypass traditional comprehensive plan amendment and rezoning procedures, while restricting local governments from denying applications that meet statutory requirements.
Supporters say the law provides a pathway for agricultural land surrounded by existing development to transition to housing. Critics, including some St. Johns County officials, argue it significantly limits local governments’ authority over growth management and comprehensive planning.
Avery-Smith also represents the largest Agricultural Enclave application currently under review — a 4,462-acre proposal from the Davis family, founders of Winn-Dixie. The North Palm Valley Road property is in northern St. Johns County west of the Intracoastal Waterway and along the Duval-St. Johns county line.
The application comes as county officials continue weighing whether to challenge the new law in court while also reviewing the first seven applications as required by state statute.
County considers court
The Board of County Commissioners discussed the county’s options for responding to SB 686 during its Aug. 4 meeting, including seeking an injunction.
County Attorney Rich Komando outlined steps for evaluating a potential legal challenge, including reviewing the legal basis for seeking an injunction, determining whether the county could demonstrate the law causes sufficient harm to justify court action and evaluating the potential cost of litigation.
Commissioners directed staff to continue researching those options, including the timing and potential scope of a legal challenge, while the county proceeds with processing Agricultural Enclave applications as required by state law.
The discussion came as county officials and residents expressed concerns that SB 686 limits the county’s ability to apply its own growth management policies and comprehensive planning standards to qualifying properties.
The commission is scheduled to discuss potential legal next steps based on Komando’s findings during a regular meeting scheduled for Aug. 18.
The first six Agricultural Enclave applications
The first six Agricultural Enclave applications filed in St. Johns County — submitted between July 1 and July 7 — are scheduled for a public hearing before the Board of County Commissioners during a special meeting set for Aug. 19.
• Adler Creek: 594 to 610 acres near State Road 16 and Peavys Road. The application is a reduced version of a previously denied 733-acre proposal. Filed July 1.
• Heritage Development East: 615 acres east of Interstate 95 and south of Florida 207, tied to developer Chris Shee’s long-running Parrish Farms project. Filed July 7.
• Heritage Development West: 550.78 acres west of Interstate 95 and south of Florida 207, also tied to the Parrish Farms project. Filed July 7.
• North Palm Valley Road: 4,462 acres in northern St. Johns County near Ponte Vedra Beach, bordered by the Duval-St. Johns county line and the Intracoastal Waterway. The application is tied to the Davis family and BR4700 LLC and is the largest proposal submitted to date. Filed July 1.
• Osceola Lakes: Approximately 143 acres in southern St. Johns County, following a larger version of the project denied by the county in 2024. Filed July 1.
• Star IV Investments: Approximately 176 acres, with a permitting history dating back to 2009. Filed July 1.
The seventh application
• Sandy Lake/I-95 Area: Approximately 379 acres near I-95 and County Road 210 within the Sandy Creek Planned Unit Development. Filed July 29 and presently not part of the Aug. 19 hearing.