Carl Cody (Director, Stormwater Engineering) and Lynn Stevens (Deputy Director) presented updates to the city's Technical Manual for infill lot drainage.
Key changes include establishing a maximum finished floor elevation of 22 inches above crown of road, limiting the differential between adjacent homes to 10 inches, and lowering the front property line reference from crown to edge of road.
Future considerations include mandating silt fencing, requiring PE certification on as-built surveys, and potentially requiring gutters.
Council discussed at length, leading to two motions: a unanimous vote to form an ad hoc Citizens Advisory Committee, and a 4-1 vote to direct staff to immediately incorporate silt fencing, PE certification, and gutters into technical manual requirements and to research neighboring ordinances for additional LDC improvements.
Infill lot flooding moratorium — speaker stated the moratorium discussion was prompted by the threat of action, argued the moratorium should not be off the table, and criticized the builders association for not engaging earlier in the process.
Referenced 'Greg Blas' and builder associations.
Suggested mayor's position amounts to a 'build at all cost' stance.
Infill lot flooding — speaker stated his pep tank is sinking due to excessive water on his property caused by nearby new construction.
Supported a 45-day or longer pause on building to address flooding.
Infill lot flooding — speaker cited city's existing code section 24-156 requiring no stormwater runoff onto neighboring lots and argued the problem exists because staff and the city manager have not enforced it.
Urged council to hire a city manager that follows the code.
Infill lot flooding — building industry representative spoke against the motion's engineering certification requirement, stating there are not enough civil engineers in the region to design individual residential site plans.
Also warned that requiring gutters can concentrate water and direct it onto neighboring properties via downspouts, and suggested 'erosion control' as a better term than 'silt fencing.' Stated HBA has worked with city staff for months through monthly government affairs meetings.
Infill lot flooding — Flagler Home Builders Association executive director stated the moratorium motion was an attempt to force the hand of the stormwater department and punish the private sector, disputed that builders only showed up today, outlined four prior meetings with stormwater staff between May and December 2023, and provided economic impact data: a 90-day moratorium on infill lot building would cost approximately $59.7 million in local income, 997 jobs, $42 million in wages, and $1 million in local taxes.
Infill lot flooding — Palm Coast Flagler Regional Chamber CEO stated the moratorium idea had already caused harm to the city's business reputation with investors and economic development organizations.
Thanked council for rejecting the moratorium and described positive direction of the discussion.
Infill lot flooding — HBA vice president and builder representative stated she has lived in seven Palm Coast sections and owns a home impacted by elevation issues.
Commended stormwater deputy director Lynn Stevens and the collaborative process.
Stated the storm water review process is detailed and thorough.
Noted individual cases should be addressed on their own merits.
Infill lot flooding / gutters — speaker stated she is a small business owner who owned a gutter company.
Testified from personal experience that requiring gutters on homes built at higher elevation directs concentrated water flow onto neighboring properties rather than solving flooding.
Advocated for outsourcing swale maintenance to address the three-year backlog.
Infill lot flooding — builder stated he built his own home in the F section and was told his street's swales would not be cleaned for two and a half years despite the other side of the street just being completed.
Called for outsourcing swale maintenance to private companies to eliminate the backlog within months.
Infill lot flooding — resident of District 3, described consulting with Army Corps of Engineers who suggested French drains lined with limestone as a cost-effective solution.
Advocated for permanent drainage requirements between infill lots in the building code.
Praised Council Member Pontieri's commitment to residents.
Infill lot flooding — Flagler County resident and Grading Company owner opposed a moratorium, stated a 45-day pause would be felt 6 months later in the pipeline, offered his company and employees as resources for the Citizens Advisory Committee and for outsourced grading/swale work.
Infill lot flooding — 40+ year Palm Coast resident and builder since 1991 argued the flooding is caused by cumulative failures: city's refusal to fund storm water improvements, failure to dredge canals, and now blaming new builders who follow current code.
Stated the infill lot issue predates newer builders — older homes were allowed to drain onto vacant lots, and now that those lots are filled with new homes, blame shifts to the new construction.
Infill lot flooding — resident on Firethorn Lane identified herself as one of 163 affected properties.
Testified that the house next door was built well above 22 inches — she can see the neighbor's shoulders over a 6-foot fence.
Reported water entering through her master bedroom wall, wet rugs, and fear of health consequences.
Stated she will pursue litigation if necessary.
Infill lot flooding — resident of P section called on council to remember residents' inalienable rights to life, liberty, and the pursuit of happiness, framing loss of privacy (due to elevated neighboring homes visible over fences), property flooding, and inability to address council without employer retaliation as violations of those rights.
Stated residents are united and looking for a fix.
Infill lot flooding — P section resident stated his property had a two-foot dirt mound placed along his fence line during nearby construction with no silt fencing.
Described witnessing a property at 8 Robin Hood Lane with similar conditions.
Demanded a pause and threatened legal action against the city.
Asked why a property without a certificate of occupancy at 62 Pirate Lane was listed on Zillow for $334,000.
Infill lot flooding — Seal Woods resident stated she represents neighbors in Seal Woods having flooding problems, supports a 45-90 day moratorium, supports the Citizens Advisory Committee, and reported seeing inspectors sitting in trucks without getting out to inspect properties.
Infill lot flooding — Flagler County resident and business owner argued a 45-day pause would not be felt immediately but would impact workers 6 months out.
Offered his Grading Company's boots-on-the-ground expertise for the Citizens Advisory Committee and for swale contracting work.
Infill lot flooding — B section resident stated she feels caught between two sides.
Questioned what 45 days of lost building would actually cost workers versus what residents are worth.
Noted that many residents with flooding don't come to meetings because they have no faith anything will be done.
Infill lot flooding — U section resident stated neighbors told her they didn't attend because they believe council doesn't care about them.
Criticized the swale maintenance backlog and demanded a specific timeline and cost estimate for fixes rather than repeated promises of future meetings.
Infill lot flooding — B section resident described their neighbor's home built significantly higher approximately four years ago.
Since then, flooding has been substantial around his house, water enters under the foundation, and he had to spend $22,000 to stabilize the foundation due to voids (potential sinkhole conditions).
Stated Palm Coast stamped the permits as built and asked why the maximum elevation limit is not being applied retroactively.
Infill lot flooding — Seminal Woods resident and Flagler County school bus driver described observing new high-fill construction lots throughout his route, including one currently filling a lot next to his property as high as a fire hydrant.
Requested at minimum a 45-day moratorium.
Infill lot flooding — B section resident said he is disappointed that the main proposed outcome appeared to be punishing workers rather than getting the responsible city departments and county Road and Bridge department to coordinate.
Stated city stormwater drains into county ditches.
General public comment — spoke about flooding issue in Pine Lakes from newer construction.
Asked whether the Citizens Advisory Committee would include engineers to actually produce solutions, and stated she was recently told by the city that her flooding could be addressed by installing a French drain.
Forensic audit — called on council to approve and fund a comprehensive forensic audit of city government.
Alleged that city decisions over the years have benefited real estate developers at the expense of taxpayers, that key decisions are made in back rooms, and that the city attorney firm based in Orlando has profited from insider knowledge.
Urged city employees to report concerns to the Sheriff, State Attorney, FBI, or FDLE as whistleblowers.
Infill lot flooding and infrastructure — raised concerns about pep tank failures during past hurricanes due to flooding, infrastructure costs, water pressure reduction in his area, and increased insurance costs from ongoing flooding.
Supported addressing the flooding problem.
Storm water taxes / audit — asked why residents pay storm water taxes when water sits in their front yards and supported an audit.
Parcel clearing / controlled burn ordinance — asked council to create a city ordinance banning parcel clearing burns within city limits, noting the state has told her cities have the authority to do so.
Referenced a 2021 school impact from smoke and accidents caused by smoke on highways near the city.
Graffiti — reported persistent graffiti on three bridges off Colorado and Colchester drives, on telephone poles, and on construction porter potties.
Noted slow city turnaround on removal and asked what the city's action plan is, whether anyone has been caught, and whether examples have been made.
Conflict of interest allegations — alleged that Mayor Alfin, his wife, and two others at Grand Living Realty, as well as a member of the building and permit committee (Heather Haywood), constitute a conflict of interest on building-related votes.
Also alleged Vice Mayor Danko's girlfriend and Council Member Haider are active real estate agents with conflicts on infill lot decisions.
Stated council's 4-1 vote against a moratorium reflects these conflicts.
Graffiti / general city management — stated the graffiti problem persists because of slow city response, and that the city needs faster turnaround.
Also made broader comments about city spending priorities and lack of accountability to residents.
Infill lot flooding — asked whether inspectors have adequate authority and whether there is a delegation of authority that governs what inspectors are required to do.
Conflict of interest / developer influence — alleged that council members sit on committees with a named developer representative and that developer interests are being pushed through at the expense of ordinary residents.
Criticized council for building a sports center while claiming inability to fund swale maintenance.
Comment card transparency — suggested the city create a publicly accessible online location where resident comment card submissions and city responses are posted, so residents who do not attend meetings can see what concerns have been raised and what responses were given.
Second and final reading of the Old Kings Village Comprehensive Plan Amendment (application 5505), changing approximately 62.3 acres from Flagler County designations of Residential Low Density and Commercial Low Intensity to City designations of Residential and Mixed-Use, with a site-specific policy capping development at 210 dwelling units and 30,000 sq ft of non-residential use.
The applicant reported an executed agreement with the adjacent HOA (Flagler Beach Polo Club West) resolving buffer and fence concerns.
Flagler County's Deputy County Attorney supported the amendment.
Planning Board recommended approval 5-0.
Second and final reading of the Old Kings Village Rezoning (application 5506) for approximately 62.31 acres on the east side of Old Kings Road from PUD to SFR-1 (single-family residential) and C-1 (neighborhood commercial, capped at 30,000 sq ft).
Council confirmed the change is to C-1, not C-2 as noted on the front page summary.
Flagler County raised several remaining concerns including a 10-ft right-of-way dedication, 25-ft vegetative buffer, access to the 'Cullis parcel,' and stormwater outfall location.
Applicant committed to addressing these during the site plan/platting phase.
Planning Board recommended approval 5-0.
Second and final reading of the Belle Terre & US 1 Comprehensive Plan Amendment (application 5526), changing approximately 6 of 11 acres at the corner of Belle Terre Boulevard and US 1 from Greenbelt to Mixed-Use, with a site-specific policy limiting non-residential development to 30,000 sq ft.
No changes from first reading.
Planning Board held a public hearing with no public comments and made no additional comments.
Approved unanimously.
Second and final reading of the Belle Terre & US 1 Rezoning (application 5500) for approximately 11 acres at the northeast corner of Belle Terre Boulevard and US 1, rezoning the westerly 6 acres from Suburban Estates to General Commercial (C-2) and the easterly 5 acres to Preservation.
No ex parte communications.
No changes from first reading approved 5-0.
Planning Board recommended approval 5-0.
Second and final reading of the ordinance correcting the spelling of 'Richenbacker Drive' to 'Rickenbacker Drive' to align with the name as used in practice by government entities and residents for over 20 years.
Does not affect any resident's mailing address.
No public comment.
Approved unanimously on voice vote.
Old Kings Village rezoning — Flagler County Deputy County Attorney spoke in support of the companion land use amendment and rezoning, noting it imposes more restrictive density/intensity and appropriately places city plan designations on land within city jurisdiction.
Old Kings Village Comprehensive Plan Amendment — HOA board member confirmed executed agreement addressing 25-foot buffers and fencing around Secretariat and the Spillers lot between the developer and the HOA (Flagler Beach Polo Club West).
Old Kings Village Rezoning — Flagler County Deputy County Attorney outlined county's remaining concerns: 10-ft right-of-way dedication for future sidewalk along Old Kings Road, 25-ft vegetative buffer, prevention of direct vehicular access from Old Kings Village to the County's future park driveway, providing access to the 'Cullis parcel,' and addressing the stormwater outfall location.
Stated these will be addressed at site plan/platting phase.
First reading of the Second Amended and Restated Town Center at Palm Coast PUD Development Agreement.
Amendments include: (1) permitting fee-simple townhomes in urban core and town business areas; (2) adding data centers as a permitted use in town service and business areas; (3) establishing mixed-use building guidelines for the urban core, including ground-floor commercial requirements and, as added by council motion, restricting conversion of non-residential to residential entitlements to the urban core only; (4) allowing security fences/walls up to 8 feet subject to Architectural Review Board approval; and (5) housekeeping amendments.
Planning Board recommended approval.
Passed unanimously.
Town Center PUD Development Agreement first reading — member of the public asked about a reference in one slide to 'lodging house residential including bed and breakfast' and whether that was a proposed change or existing permitted use.
Staff confirmed it is already a permitted use and no change is proposed.
Resolution approving the conversion of non-residential square footage (11,583 sq ft of office) to 275 additional residential units within the Town Center DRI Development Order, bringing the total permitted dwelling units to 3,575.
This conversion (from 20% to 30% of original entitlements) requires council approval per the development order.
Staff found the amendment consistent with the comprehensive plan.
Council Member Pontieri voted no, citing incomplete packet information — specifically missing references to Tables 3B and 3C and lack of a per-track entitlement breakdown.
Resolution consenting to and approving the abandonment of the State Road 100 Property Development of Regional Impact (DRI), a cleanup action following the council's prior approval of the Cimmaron Shores master plan development agreement in July 2023.
No public comment.
Passed unanimously.
Resolution approving an easement agreement with TECO Partners, Inc., for Fire Station #25 and the Southern Recreation Center.
Approved as part of the consent agenda without separate discussion.
Resolution approving piggyback contracts with various vendors for fleet-related purchases.
Approved as part of the consent agenda.
Resolution approving piggybacking Sourcewell Contract #RFP 031121-DAC with Beard Equipment Company.
Approved as part of the consent agenda.
Resolution approving piggybacking Sourcewell State of Minnesota Contract RFP #042821 with Orkin, LLC for pest control services.
Approved as part of the consent agenda.
Resolution approving piggybacking Sourcewell Contract with C-Winn, Inc.
(Snap-on Tools) for fleet tools and supplies.
Approved as part of the consent agenda.
Resolution approving piggybacking the contract between Boundtree Medical and Brevard County Board of County Commissioners.
Approved as part of the consent agenda.
Resolution approving piggybacking the contract between Life Extension Clinics, Inc., and the City of Clearwater.
Approved as part of the consent agenda.
Resolution approving a Master Services Agreement with Odyssey MFG.
Company to provide and install a new odor control unit for the Old Kings Road Pump Station.
Approved as part of the consent agenda.
Resolution approving a Master Services Agreement with PBM Constructors, Inc., for the Cigar Lake Reuse Filter Capacity Upgrades and Installation.
Approved as part of the consent agenda.
Resolution approving a Concession Lease Agreement with Redefined Food Co., LLC for food and beverage concessions at the Southern Recreation Center.
Council Member Pontieri asked about the 4-hour minimum operation clause retained by the vendor for weekend operations only, and noted appreciation for the staff's success in amending the extension period.
No objections.
Approved as part of the consent block.
Resolution approving a contract with Kimley-Horn for a Residential Speed Limit Posting Study.
Vice Mayor Danko confirmed that the study will also address stop sign warrant analyses, including two intersections on Cimmaron Drive added at council request.
State warrant study requirements apply.
Approved as part of the consent block.
Consent agenda / concession lease — spoke in support of Redefined Food Co.
(Jody) receiving the concession lease for the Southern Recreation Center as a chamber member.
Consent agenda / speed limit study — raised concern about consultant studies related to Florida Park Drive and whether past studies have produced positive results.
Called for verification of whether state-required studies are genuinely required or whether staff may be mistaken, referencing a conversation with a Florida DEP official who said cities do have authority to enact parcel clearing burn ordinances contrary to what staff has stated.
City Manager Bevan presented the December 2023 Emergency and Sole Source Purchases report as a reporting item.
Council had no questions.