Audubon Florida is challenging a 4,462-acre development proposal near Nocatee, arguing the project actually exceeds a state-imposed size limit. The St. Johns County Commission is scheduled to take up the North Palm Valley Road application at a continuation hearing Tuesday, Sept. 1, at 9 a.m.

The Davis family, founders of Winn-Dixie, owns the land through BR4700 LLC. The PARC Group, the developer behind Nocatee, eTown and EverRange, filed the agricultural enclave application July 1, the day Senate Bill 686 took effect. The property stretches north of Nocatee Parkway between the Duval County line and the Intracoastal Waterway. At one unit per gross acre, certification could open the door to as many as 4,462 homes.

Certification would not approve a specific development plan. But under SB 686, once land is certified, residential plans consistent with the uses or density of adjoining development generally must be treated as conforming, even if they conflict with the county's comprehensive plan or zoning.

Audubon Florida, the state arm of the National Audubon Society, says the applicant drew its boundary through portions of several of the 21 parcels involved to stay under the law's 4,480-acre cap, St. Johns Citizen reported. Counting those parcels in full would total roughly 4,569 acres, according to county property records cited by the organization.

Audubon argues the Legislature's repeated use of "parcel or parcels" in SB 686 means applicants cannot carve a smaller boundary through existing parcels to squeeze under the limit. The group pointed to Orange County officials' interpretation in a separate enclave case, saying that county concluded entire parcels must be counted.

The PARC Group has said the property meets the requirements established by the Legislature and that any future community would undergo extensive review.

County staff initially found the application qualified. Commissioners postponed a decision Aug. 19 after questions arose about the property's boundaries. A motion to deny the application failed 3-2 at that meeting before the board voted to continue the hearing.

Commission Chair Clay Murphy said at the Aug. 19 special meeting, as Jacksonville Today reported, that he viewed the enclaves as "a preemption from the state, and I'm not happy." But he added that "whether I'm happy or not is not the deciding issue. The deciding issue is 'What does the law say?'"

St. Johns Regional Audubon Society President Amy S. Koch raised a separate concern in an Aug. 18 letter to commissioners. Koch wrote that the application meets only 50.72% of the required 50% perimeter threshold for existing development, a margin of less than 1%. She also questioned whether development in adjacent Duval County should count toward the perimeter calculation, noting the law contains no provision for cross-county consideration.

Commissioners voted 5-0 on Aug. 4 to have the County Attorney's Office consult outside counsel on whether an injunction against SB 686 is viable. The status of that review heading into Tuesday's hearing is unclear.

The North Palm Valley Road application is the largest agricultural enclave filing in St. Johns County. At the same special meeting, commissioners voted 3-2 to certify two smaller enclaves near Interstate 95 and State Road 207 totaling 1,166 acres. Commissioners Ann Taylor and Krista Keating-Joseph voted against both.

If the county does not approve or deny the application within 90 days of receiving it, SB 686 requires automatic certification. The application was filed July 1.

Tuesday's hearing is scheduled for 9 a.m. at the county commission chambers.