The company behind Beachwalk is suing St. Johns County for $1.34 million in impact-fee credits it says it's owed for donating land along County Road 210 for a future fire station.
Twin Creeks Development Associates and two related companies filed the lawsuit in St. Johns County Circuit Court during the week of Aug. 11, according to court records first reported by the St. Johns Citizen.
The dispute centers on a 2.52-acre parcel near CR 210 and Accolade Avenue that Twin Creeks donated to the county in 2024 for a combined fire station and Sheriff's Office facility. An appraisal commissioned by the developer valued the land at $1.34 million. The parcel had previously been designated for industrial development.
What the developer argues
A 2021 development agreement required Twin Creeks to provide up to three acres for a fire station without receiving impact-fee credits in return. The developer disagrees.
Twin Creeks argues that a 2019 amendment to the Florida Impact Fee Act overrides that agreement. Section 163.31801 requires a local government that requires a contribution related to public facilities or infrastructure to credit it against impact fees on a dollar-for-dollar basis at fair market value, notwithstanding an inconsistent charter provision, policy, ordinance, development order, development permit or resolution.
The statute places the burden of proof on the government in a court action challenging an impact fee or an alleged failure to provide required credits, and it bars courts from applying a deferential standard in the government's favor.
Twin Creeks alleges the county has refused to recognize the credits and is asking a judge to declare the developers are entitled to the full $1.34 million.
What it means for residents
Impact fees are charges developers pay to help cover the cost of public services driven by new growth, including roads, parks, fire stations and law enforcement facilities. A $1.34 million credit would reduce the fees Twin Creeks must pay as it continues building out the larger development, which includes Beachwalk north of CR 210 and Beacon Lake and Creekside to the south.
The St. Johns County Board of County Commissioners accepted the donated property in May 2024, stating the donation satisfied Twin Creeks' obligation to provide fire station land, according to the lawsuit.
The county has not yet built on the site. It is planned for Fire Station 23, which would serve the Beachwalk and Twin Creeks communities. County plans also call for a Sheriff's Office facility on the site.
Twin Creeks Development Associates is a Florida limited liability company managed by John T. Kinsey, with offices in Boca Raton, according to Twin Creeks North Community Development District records.
St. Johns County had not responded to the St. Johns Citizen's request for comment as of Aug. 18. A circuit judge will now decide whether the 2019 state law entitles the developer to credits despite the 2021 agreement's terms.
