See today’s related article: “Reports of Flooded Properties Attributed to New Homes Rise to 148 as City Pledges Help, But No Sure Solutions.”
The Palm Coast administration made a surprising announcement today: for weeks, the city has been requiring builders to follow new rules, such as limiting new homes’ fill elevations, designed to lessen a slew of flooding issues existing residents have been complaining about since last fall. The city has been implementing the rules even though the technical manual containing them has not yet been formally approved, though it will be next week–a month ahead of schedule.
That information might have been useful several weeks ago, as it may have blunted Council member Theresa Pontieri’s startling proposal last week for a building moratorium on Palm Coast’s ITT lots. Pontieri was going to propose that moratorium next week. If she had support, it would be in effect until the technical manual rewrite was completed.
Pontieri’s proposal sent home builders and others in a tailspin, as such a moratorium could derail building schedules and throw people out of work. “I have a real problem with the word ‘moratorium’ right now in our county,” County Commissioner Donald O’Brien on Monday wryly commented during a workshop of his commission on an unrelated matter, a reflection of how far Pontieri’s proposal had rippled, and with what effects.
For months, long-time residents within Palm Coast’s original boundaries have been complaining about new homes suddenly getting built at far higher elevations than their own. The new builds have resulted in flooded yards and, at times, water intrusion in homes, in a city that has gone its entire life since 1999 with barely a handful of cases of homes flooding, and only after severe weather events. Now, it was happening as a result of human action. It’s been happening to residents who live on the quarter-acre lots ITT had platted years ago, the so-called infill lots, because there are some 9,000 of them yet to be built up. But that’s where new builders are booming, and rising, literally.
A few complaints turned to dozens, and the City Council had a crisis on its hand, with streams of residents bringing their complaints to meetings and workshops. All along, the administration would say that it would soon be addressing the issue through its technical manual, the regulations builders are required to follow, with new rules limiting fill elevations, for example. That rewrite was to go before the council in February.
But Carl Cote, the city’s construction management and engineering division manager, was unequivocal today, leaving no doubt that the technical manual’s update was being enforced already. Clearly, the city was sending message to Pontieri, if not a plea, to back down.
“Even though the technical manual is not formally implemented, since this began, we started working with the builders on those elevations and having them reduce them,” Cote told the council at a workshop today, “and there’s been no kickback from the builders on us kind of enforcing that new technical manual changes, even though they’re not in effect yet.” The use of the word “kickback” was unfortunate, and unintentional: what he meant was that there’s been no push-back. “They’ve been happy to oblige and make adjustments. We will be formally adopting that technical manual here shortly, but it is something that we’re really paying a lot of attention to, and have been.”
To make extra sure that the council was getting the message, Cote added: “Next week, we plan to walk you through our recommended changes of what will be implemented in that technical manual. It won’t be for adoption. It’s not a policy thing that will be voted on. It’s just something that we just want to make you aware of: these are the changes that we’re implementing.” So did City Manager Denise Bevan, for good measure: “We do expect to bring that sooner than previously advised. Originally it was in February we were going to give a comprehensive update. And so we’ve accelerated that as well.”
None of it was lost on Pontieri, who, in an interview subsequent to her original proposal of a moratorium, explained that her intention all along was not a moratorium, but to accelerate the adoption of the manual, which she thought had been dragging.
“I don’t want to have to make a motion for a pause on building to get movement. That should not be necessary. Apparently it was,” Pontieri told her colleagues today. “I’m glad that it was supported by Council to an extent, and I’m hopeful that we never even get there. I’m hopeful that the technical manual comes before us on Tuesday of next week, that we’re able to agree on the changes that staff has suggested, and that it will provide some real relief in the future to our current residents who are having new builds next to them.”
Cote’s news was surely a relief to other council members as well, none of whom would have wanted to be put in a position to support a moratorium even though at least two of them, Ed Danko and Cathy Heighter, had thrown their lot with the residents complaining of flooding, and promised them a fix. Heighter last week said she wanted to sit in the audience, among those residents, to show her solidarity, and Danko has been making the rounds of flooded properties and keeping the issue front and center for the city.
“From this moment forward though, we are using those changes, correct?” Danko asked Cote.
“We have been already since this started,” Cote said. “We started looking at elevations and coming up with some assessments.” Some of the changes we made are reducing the elevation of the new home construction, Cote said, with come builders asked to make changes and drop their proposed elevations. “We’re going back to them with the proposed modifications and they’re revising and resubmitting it.”
“I’m hoping that we do not have to impose a moratorium on building because I know that it will affect a lot of people,” Heighter said today. “So hopefully the changes that are being made will be effective, and we’ll be able to rectify this matter.”
Charles says
The usual poor planning for the City of PC. It took people complaining for months and months to make it this far.
Shame of the City of PC.
Deborah Coffey says
Could we possibly put more incompetent people in office here? Our water bill was $221.00! Fine, let the builders build, but make them PAY to cover costs for needed infrastructure to keep up with the influx!
Mark Peterson says
Anyone who is aware of Google maps and have the access to what the “R” section terrain was like going through the the lead up to the 2008 free fall. Palm Coast, West of 95 is filled in swamp. Yup! Anyone can easily research this! Now Palm Coast wants it again and AGAIN putting the cart ahead of the horse. They want the money but very seriously lack supporting infrastructure for what they have. Greed not fulfillment. AGAIN
Frank says
Funny that you mention “R” section alone. If, that’s true what you say, How about all sections on the West side?
Dennis C Rathsam says
The minds at City Hall are hard at work solving the problems…..I smell smoke.
jeffery c. seib says
It’s a shame that council woman Pontieri had to threaten city staff and the developers with a moratorium before they got off their seats and did something. I hope the earth-shattering changes they claim live up to the reality and are not just a bunch of garbage meant to placate the Plam Coast public in a publicity stunt. I hope that more homeowners will come forward if their homes have been impacted by new construction nearby. Everything that’s done to even slightly benefit Palm coast residents is slow walked by city hall. I think we need a top to bottom shake up of the city hall personnel and procedures to better reflect and respond to the current needs of current residents.
TR says
I agree and one dept. that needs revamping is Code enforcement. They are now publicizing people’s name and phone number if they call in a violation on someone. I believe this is against the law. Bill 883 which went into effect July 2022 says no one can call in a violation without leaving their name and number. But that is for the departments use only in case someone keeps calling in false violations, and not to be publicized on their website. Especially when ones number is on the do not call list. It also has happened (which I know for a fact) that the caller gives a false name, number and their address so they can not be traced. Someone needs to check into this.
Soaked & Broke says
I wouldn’t mind some kind of “class action suit” so I could get my money back and for all of the headaches I experienced from flooding. Mopping up the mess, making repairs, and having to regrade and rebuild my front driveway, at my expense. 20k is 20k.
Mike says
There’s a Florida State building code, my opinion is if builders do not remedy the water run onto your property off to court you go.
******
According to the Florida Building Code, properly designed buildings and homes shouldn’t cause flooding for neighbors. Construction standards typically call for them to include swales or other features to handle runoff from the property — no matter how much higher they’re built.May 4, 2023
Michael Martucci says
I agree that there should be a building moratorium. You can see that majority of city council is in the pockets of many builders. The pace of the development and insufficient infrastructure should require a moratorium until there is better planning or a new administration.