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Independent Reporting · Palm Coast, Florida
Palm Coast City Council

Business Meeting — Tuesday, November 7, 2023

Processed 2026-07-04
Source Documents
Agenda PDF Approved Minutes PDF
Agenda
A
Call To Order
B
Pledge Of Allegiance To The Flag And A Moment Of Silence
C
Roll Call
D
Public Participation
Speaker

Speaker identified himself as a US Army veteran being forced out of his home by an out-of-state investor who listed a property at 33 Pope Lane as a drug and alcohol addiction rehab facility, allegedly operating illegally in an SFR-3 zone without staff or supervision.

He alleged code enforcement inaction and demanded just compensation under the Fifth and Fourteenth Amendments.

Speaker

Speaker raised concerns about the city's rezoning process for annexing Flagler County properties, arguing that quasi-judicial hearing procedures limit residents' ability to petition the council, that 20-year-old county development orders should not bind Palm Coast, and that residents get only one real opportunity to comment (first read) before decisions are effectively made.

Speaker

Speaker asked how much a child's life is worth, describing an experience bringing his 14-month-old grandson to the new Palm Coast hospital emergency room where they waited three hours and were told the facility has no pediatrics staff; the child was given the wrong prescription.

He argued the hospital lacks pediatric capacity and called for addition of a pediatric center.

capacity
Speaker

Speaker raised concerns about the lack of information residents receive from the Planning and Development Board and asked the mayor to consider a regular public column or update from the board.

He also returned to the topic of a proposed cell tower at 7 Clubhouse Drive, arguing the land is not zoned for it and the location is too close to homes and a retirement community.

Speaker

Speaker raised concerns about the rezoning process in general, arguing that when a property is rezoned to multifamily it opens a broad range of possible uses (apartments, duplexes, townhouses) beyond what developers present to residents.

She also raised concerns about the condition of parks in Seminole Woods and the need to bring amenities comparable to Holland Park to the south side of the city.

Speaker

Speaker, a Palm Coast resident since 1991, agreed with prior speakers on the 5G cell tower at 7 Clubhouse Drive, stating it is 150 feet from a homeowner association property.

She also raised concerns about a Wawa being approved at Florida Park Drive and Palm Coast Parkway, arguing the city is obligated to complete previously promised traffic calming measures (stop signs, traffic calming islands) on Florida Park Drive, funded by a 2020 engineering study, especially given the Wawa's projected traffic increase.

Speaker

Speaker described Florida Park Drive as a residential street being treated as a parkway, citing a 2022 FDOT count of 7,700 cars and 765 trucks per day.

He stated a truck ordinance exists but is not enforced, leading to road damage.

He argued this is inconsistent with the city simultaneously claiming a $52 million infrastructure funding shortage, and supported traffic calming measures and the Wawa impact fees being directed to traffic calming islands.

Speaker

Speaker, who lives at 27 Albright Court in Seminole Woods, raised two issues: (1) construction trucks including semis entering a cul-de-sac with no outlet and damaging private driveways, asking for no-outlet signage; (2) oversized accessory structures ('she sheds/he sheds') being placed at property line boundaries with improper drainage causing flooding to neighboring yards, and asked about insurance liability for such structures.

Speaker

Speaker, who identified himself as living in a section of Palm Coast, raised debris near a condenser at his address that he reported at a prior meeting and received an email saying it was rectified, but the debris remains.

He also reported flooding in canals under Sesame Road due to debris buildup, and noted that the Seminole Woods streetlight system built from Racetrack Road to Highway 1 is intermittently non-functional.

Speaker

Speaker, living in the Birchwood area, described a house being built next to hers that is approximately 3.5 feet higher than the neighboring lots, causing flooding concerns.

She stated she contacted the city and received no adequate response, and that Vice Mayor Danko and media outlets have visited the site.

She asked for more regulation of new construction grading.

Speaker

Speaker read from Florida Statute 112.3143 on voting conflicts and RESPA law 12 USC 2607 concerning kickbacks, framing these as public reminders relevant to elected officials and government employees who are also real estate professionals.

He stated violations can result in triple damages, court costs, and up to one year of jail per occurrence.

Speaker

Speaker, describing himself as living in the F-section, raised concerns about new construction on vacant lots being built 2-3 feet above surrounding houses, stating the drainage grading is not properly addressed and will cause long-term flooding of adjacent properties.

He stated he raised this with the building department and was told the silt barriers are in place, which he argued does not address the long-term grading issue.

Speaker

Speaker, who lives on White Horse Lane, stated he spoke at a prior meeting about a new build next to his home being 2.5 feet above his property, and now has a flooded backyard.

He stated he cannot afford drainage remediation and expects the city to lower his property taxes if his property value is diminished.

He also asked why his water bill is so much higher than a comparable property he owned in Fruitland Park.

Speaker

Speaker, a District 2 resident, described her yard and home flooding due to two new builds constructed adjacent to her property after she moved in seven years ago.

The first new build after Hurricane Irma caused two feet of backyard flooding; after a second build her yard floods almost to the home.

She stated she now has to carry flood insurance and has incurred drainage costs she cannot afford, and demanded an action plan from the council.

Speaker

Speaker raised the common theme of overdevelopment and rezoning across the city and argued that long-term residents who have invested in the community are not getting fair representation compared to developers and future residents.

Speaker

Speaker, a resident of approximately 10 years, described construction equipment from an adjacent build crossing her property line 6-8 feet, damaging two pine trees and creating holes on her lot.

The contractor has not repaired the damage in 14 months despite promises, and the city issued a certificate of occupancy for the adjacent home while her property remained damaged.

She stated the adjacent finished lot is one foot higher than hers and she has a government background and believes something is legally wrong with how inspections were conducted.

Speaker

Speaker, a Seminole Woods resident since 1991, stated her stormwater department case has not been addressed since June and the S-section work promised for September has not occurred.

A new build next to her has swales and drains higher than hers, and her swell is now 21 feet wide during rain.

She asked for stormwater to send an excavator to correct the swell, estimating it would take about an hour.

Speaker

Speaker, living in Ireland Estates on Ireland Estate Parkway, described a new construction adjacent to his $3 million home being 4.5 feet higher, which has collapsed the swale seven times and caused water to flood through his garage walls.

He stated he has sustained $60,000 in damage, has consulted attorneys, and wants to know when the issue will be addressed for himself and others present.

Speaker

Speaker, identified as living in Seminole Woods, raised concerns about local radio station WNZF programming giving residents the impression that the city is developing westward because it believes the eastern part of Palm Coast will flood due to sea level rise, and asked the mayor to address this public perception issue.

E
Minutes
E.1
Minutes Of The City Council:

Minutes of the October 17, 2023 Business Meeting and October 24, 2023 Special Workshop Meeting were both approved unanimously by voice vote without discussion.

Vote: Unanimous
F
Proclamations And Presentations
F.2
Proclamation - Recognizing World Diabetes Day And Diabetes Awareness
F.3
Proclamation - November 2023 As Lung Cancer Awareness Month
F.4
Proclamation - November 2023 As Shirley Chisholm Month
F.5
Proclamation - November 2023 As Be Local, Buy Local Month
F.6
Proclamation - November 2023 As Veteran Appreciation Month
F.7
Proclamation - The Week Of November 1, 2023, As World Communicaton
F.8
Presentation - Present Certificates To Graduating Students Of The City Of
G
Appointments
G.9
Vice Mayor Appointment For Fy 2023-2024

Vice Mayor Ed Danko was nominated and reappointed as Vice Mayor for FY 2023-2024.

Council Member Pontieri moved and Mayor Alfin seconded.

The motion passed unanimously among the four members present; Council Member Klufas was absent.

Vote: Unanimous (4-0; Klufas absent)
G.10
Council Liaison Appointments For Fy 2023-2024

Council liaison appointments were reviewed.

Most members kept existing assignments.

Council Member Heighter was removed from the SMA board due to a scheduling conflict (SMA meetings occur at 5:30 p.m., same time as council meetings).

Mayor Alfin volunteered to serve as liaison to the newly created FC3 arts and culture foundation.

Council Member Pontieri accepted the Family Life Center liaison (third Thursday monthly at 10 a.m.).

The city attorney clarified that liaisons need not physically attend meetings and can review minutes instead.

Vote: Unanimous by consensus
H
Ordinances Second Read
H.11
Ordinance 2023-xx A Flum Amendment For 375+/- Acre Area From County

Second read of the FLUM amendment for the Cascades at Grand Landing, a 375+/- acre area.

Staff presented a summary of the state review (no objections received).

Council Member Pontieri asked detailed questions about traffic studies, infrastructure strain calculations, compatibility standards, and the developer's last-minute concession letter.

The application drew extensive public opposition from Seminole Woods residents.

A motion to deny failed 2-2.

A motion to approve with the unit cap reduced from 850 to the original 416 dwelling units (Pontieri/Heighter) passed 3-1, with Vice Mayor Danko voting no.

Vote: 3-1 (Heighter yes, Pontieri yes, Alfin yes; Danko no)
Cascades
H.12
Ordinance 2023-xx The Cascades Rezoning - Application No. 5107 Zoning

Second read of the Cascades rezoning (Application No.

5107).

After ex parte disclosures, staff presentation, and further public comment (largely supportive of the amended outcome from H.11), the applicant's attorney Michael Shimento offered to amend the application on the floor to eliminate all MFR-2 (multifamily) zoning designations and convert those parcels to SFR-1, with PRS (preservation) remaining for conservation areas.

Staff confirmed this remains consistent with the comp plan.

The council voted 4-0 to approve as amended.

Vote: 4-0 (Danko yes, Heighter yes, Pontieri yes, Alfin yes)
Cascades
H.13
Ordinance 2023-xx 5th Amendment To The Palm Coast Park Master

Second read of the Fifth Amendment to the Palm Coast Park MPD Development Agreement (Application No.

5276).

Staff presented changes made since first read, including removal of residential uses on Track 17, addition of light industrial uses on Tracks 13A, 13B, 13C, and Track 4 along the east side of US-1, and splitting Track 21 into 21A and 21B to reduce intensity near residential areas.

Council Member Pontieri asked about entitlements and standards; staff confirmed the changes are consistent with the DRI.

The ordinance passed 4-0.

Vote: 4-0 (Danko yes, Heighter yes, Pontieri yes, Alfin yes)
Speaker

Speaker began to comment about living in Seminole Woods and opposition to a development project; she was redirected by the mayor to hold her comments for the relevant agenda item later in the meeting.

Speaker

Speaker, reintroducing herself after being redirected earlier, addressed opposition to the Cascades rezoning in Seminole Woods, arguing most residents oppose apartment or townhouse development and that council members running for other offices should not vote against constituent wishes.

She proposed the matter be put to a resident vote.

Cascades
Speaker

Speaker, a Seminole Woods resident, criticized the mayor's use of the gavel earlier in the meeting and argued that traffic statistics used (nationwide averages) do not reflect Palm Coast's specific conditions.

He argued multifamily housing generates more people and vehicles than single family per unit and asked the council to use common sense in evaluating the application.

Speaker

Speaker, a Seminole Woods resident, cited the 2019 fire department analysis showing Seminole Woods emergency response times already exceed 7 minutes and predicted to reach 12-14 minutes, and argued approving 850 units (versus the original 416) without ensuring infrastructure is in place constitutes a dereliction of duty.

Speaker

Speaker, a 33-year Palm Coast resident and firefighter of 22 years, opposed multifamily rezoning in Seminole Woods.

She described recent incidents where suspects were apprehended near her daughter's bus stop, raised concerns about increased emergency response loads, and stated she did not receive the developer's concession email from the prior night's meeting.

Speaker

Speaker, who identified herself as a Slipper Orchid Trail West resident, asked the council to vote no on apartment-type units in the Cascades development and requested that any binding agreement prohibit apartments now and in the future and prevent future rezoning of the parcels.

Cascades
Speaker

Speaker, a Palm Coast resident since 1991 who does not live in Seminole Woods, expressed solidarity with Seminole Woods residents and argued that rezoning and special exemptions are 'ruining the city.' She argued that multifamily development does not increase net tax revenue sufficiently to cover service costs and urged the council to vote no.

Speaker

Speaker, who moved to Seminole Woods a little over a year ago, stated the reason he moved was the 'Woods' character of the neighborhood and opposed the 850-unit proposal, arguing the city's infrastructure is already inadequate for current population.

He stated the line must be drawn now and asked the council to vote no.

Speaker

Speaker, a Seminole Woods resident, asked who will pay for the additional fire, police, and roads required by the development and questioned whether residents will face tax increases as a result.

Speaker

Speaker, a Slipper Orchid Trail West resident who identified herself as having moved to Palm Coast in 2004, argued that the developer will leave after completing the project while residents will live with the consequences, and opposed multifamily development in a single-family area.

She cited concerns about a potential housing market crash from overdevelopment and stated traffic studies were not conducted during peak hours.

Speaker

Speaker, a Seminole Woods resident of 19 years who moved from South Florida to escape congestion, stated he and his wife actively maintain their home's value and asked whether any council member would want an apartment building built next to their house.

Speaker

Speaker, a Seminole Woods resident who moved from Los Angeles, described traffic conditions in Seminole Woods as already bad, cited her car being stolen shortly after moving to Palm Coast, and stated the hospital cannot airlift patients.

She asked the mayor to reconsider the 850-unit proposal and raised concerns about water, sewage, and drainage capacity.

capacity
Speaker

Speaker, a Seminole Woods resident, noted a sign entering Palm Coast calls it the 'city of trees' and questioned why the city would remove them for development.

He pointed to a large apartment complex being built on Roberts Road and asked why more are needed in a residential area.

Speaker

Speaker, a Seminole Woods homeowner, stated she spent two years building her dream home in Palm Coast and asked the council not to vote for multifamily dwellings in Seminole Woods, citing traffic, emergency response, and flooding concerns, and stating she has only lived there since February and is already dealing with flooding.

Speaker

Speaker, a Seminole Woods resident, raised concerns about a 12-building apartment complex being part of the proposed 850 units and argued there are blatant conflicts of interest on the council given members hold active realtor licenses and have business dealings with developers, and suggested those members recuse themselves from voting.

Speaker

Speaker, a Seminole Woods resident, stated the reduction to 416 single-family homes is better than the 850-unit proposal, thanked the council, and asked that no one else come up so the council can vote.

Speaker

Speaker, a Seminole Woods resident, stated her children's pediatrician no longer takes new patients, she had to wait three months for a pediatric CAT scan for her then-14-month-old, doctors are leaving Palm Coast, and she is considering moving if conditions continue.

She lives off Slipper Orchid Trail.

Speaker

Speaker, a Seminole Woods resident, asked whether the council is aware of how many undeveloped lots already exist in Seminole Woods, arguing that adding 416 more homes on top of those already-vacant lots is unnecessary and places further strain on infrastructure.

Speaker

Speaker, a Seminole Woods resident speaking during the H.12 rezoning public comment, expressed appreciation to the applicant's attorney and developer for agreeing to convert the multifamily designations to single family, and thanked the council.

She noted she attended the prior night's neighborhood meeting.

Speaker

Speaker thanked the council and the developer and asked whether a natural vegetation buffer would be maintained between existing homes and the new development.

Speaker

Speaker thanked the council, the developer's representative, and Walker Douglas, and noted that while 416 homes is not ideal it is far better than 850.

Speaker

Speaker, who identified herself as living at 27 Albright Court, thanked the council and stated that growth done the right way is acceptable; she was encouraged by the vote.

Speaker

Speaker thanked all members of the council and stated the outcome restored her faith in city government.

Speaker

Speaker, who identified himself as living in Seminole Woods, acknowledged the outcome but noted 416 units still represents strain on infrastructure and asked the council to continue addressing roads, schools, and healthcare as development proceeds.

Speaker

Speaker thanked the council, stating the vote restored her faith in city government.

Speaker

Speaker asked during the H.13 Palm Coast Park MPD public comment whether any consideration has been given to promoting businesses rather than warehouses or storage units in the light industrial tracks, and asked about access to the property from White View for emergency vehicles.

Speaker

Speaker asked how the addition of light industrial uses to the Palm Coast Park MPD tracks impacts the natural environment given the DRI was approved in 2004, and whether environmental assessments have been revisited.

I
Ordinances First Read
I.14
Ordinance 2023-xx Amending Chapter 35, Nuisances, Offenses, And

First read of an ordinance amending the door-to-door solicitation licensing provisions of Chapter 35.

Changes include aligning the city's process with the state's licensing framework, requiring solicitors to visibly wear photo ID badges at all times while soliciting, and clarifying that conviction of crimes of moral turpitude (as defined through case law) is grounds for license denial or revocation.

Council confirmed hours remain 7 a.m. to 5 p.m.

No public comment.

Approved unanimously.

Vote: Unanimous
J
Resolutions
J.15
Resolution 2023-xx Approving Application No. 5513 For The Partial

Resolution approving a partial vacation of one approximately 50-foot utility easement within Reverie at Palm Coast Phase 1 (Application No.

5513).

Staff described this as a cleanup item: the original easement is no longer needed following final platting, and a new easement for city well site access was already recorded.

FPL and city utilities both agreed to the vacation.

Approved unanimously.

Vote: Unanimous
J.16
Resolution 2023-xx Approving The Final Plat For Whiteview Village Phase Zoning

Resolution approving the final plat for Whiteview Village Phase 2 (AR #5096), a 20.78-acre replat of Track J of Whiteview Village Phase 1 adding 81 lots for a community total of 202 single-family lots.

Infrastructure construction began January 2021; a small performance bond covers remaining infrastructure.

Staff confirmed the total approved units remain 202 (not an increase).

Approved unanimously.

Vote: Unanimous
J.17
Resolution 2023-xx Approving An Impact Fee Credit Contract Including

Resolution approving an impact fee credit contract with KB Home Jacksonville LLC.

The city will receive approximately two acres of land in the Whiteview area for a future mini fire station in exchange for $92,000 in future impact fee credits usable by KB Home on future projects.

The land will be acquired within 60-90 days of approval; construction of the mini station is planned toward the latter portion of the city's five-year CIP after Stations 22 and 26.

Approved unanimously.

Vote: Unanimous
J.18
Resolution 2023-xx Approving A Master Services Agreement In The

Resolution approving a master services agreement with Able Operations LLC in the amount of $54,100 for a targeted industry feasibility study.

Council Member Pontieri raised concerns about potential bias in stakeholder meetings and asked that stakeholders be diverse and not limited to existing industry contacts; City Manager Bevan committed to addressing this in the scope finalization.

The funding was confirmed as an existing budget line item under business recruitment.

Approved unanimously.

Vote: Unanimous
K
Consent
K.19
Resolution 2023-xx Approving Multiple Contracts For Citywide Surveying

Resolution approving multiple contracts for citywide surveying and mapping services.

Approved as part of the consent agenda without separate discussion.

Vote: Unanimous
K.20
Resolution 2023-xx Approving Additional Funding For Information

Resolution approving $150,000 in additional IT funding for the Southern Recreation Facility project.

Council Member Pontieri confirmed the funding was already budgeted within the capital projects IT infrastructure line item.

Approved as part of the consent agenda.

Vote: Unanimous
L
Public Participation
Speaker

Speaker raised the idea of using bonds to front-fund fire station construction and park improvements so Emergency Services infrastructure and parks are in place before new residential development is occupied, citing existing bonds used for the government services building as precedent.

He also noted the Seminole Woods park is substandard compared to Holland Park and Ralph Carter Park.

M
Discussion By City Council Of Matters Not On The Agenda
N
Discussion By City Attorney Of Matters Not On The Agenda
N.21
Agenda Calendar And Worksheet
Advisory Notes
— (public_comment, H.11) Speaker Daniel Seaman read aloud Florida Statute 112.3143 (voting conflicts) and RESPA law 12 U.S.C. 2607 concerning kickbacks, and stated that the mayor holds an active realtor license and has business dealings with the developer, and that Vice Mayor Danko's partner is in real estate, characterizing these as conflicts of interest that should require recusal from voting on the Cascades rezoning.
— (context, H.11) Speaker Brian Butka cited a 2019 Palm Coast Fire Department analysis finding that four of five Seminole Woods districts had average emergency response times exceeding the 7-minute goal and that 66 calls exceeded 10 minutes. He stated the report predicted response times would deteriorate to 12-14 minutes and argued the planned fire Station 26 (slated for 2025) was sized for 416 units, not 850, making the proposed density increase a public safety concern.
— (context, H.11) The applicant's attorney stated during rebuttal that the developer would reduce the unit count by 100 (from 850 to 750) and offered to convert the eastern multifamily parcel to townhouses only, and to limit building height from 60 to 40 feet with a 65-foot vegetative buffer at 80% opacity. These concessions were communicated by email to neighborhood meeting attendees the same day but were not incorporated into the ordinance as presented, as the city attorney clarified conditions cannot be placed on a conventional rezoning.
— (public_comment, D) Multiple speakers raised a pattern of new infill construction being built 2-4 feet higher than existing adjacent lots, causing flooding in neighboring yards. The stormwater director confirmed the city's grading and swale code requires water to flow back-to-front but acknowledged that existing homes sometimes graded toward vacant lots that are now being built up. Council Member Pontieri requested a citywide LDC review to address the issue systematically.
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