In a twin blow to the developer–and to the city’s meager apartment market–the Palm Coast City Council Tuesday rejected a rezoning application that would have allowed for an apartment complex near the south end of Seminole Woods Boulevard, and rejected a land use change that would have allowed for the total number of housing units there to go from 416 to 850.
Instead, the proposed development, called Cascades, will be limited to 416 units, all of them single-family homes. While it was a 180-degree reversal for the council, which had approved the proposed change on first reading in September, the decision in essence kept the development as originally conceived two decades ago, when it was originally approved by county government in a somewhat different guise.
The pair of votes at the end of two hours of public comment and council debate in a packed and at times tumultuous chamber was a victory for Seminole Woods residents who had turned up in force to oppose the proposals, largely because of the apartment component. Proposals for apartment complexes in Palm Coast have typically drawn opposition, not infrequently fueled by misinformation or prejudice against apartments (they lower property values, they breed crime, they intensify traffic. None of those claims are supported by evidence.) The closer to existing single family home subdivisions, the staunchest the opposition.
Still, the rare defeat for a major development’s expansion is the latest example of residents’ blowback against what they perceive to be too much development, too fast, in a city that’s been ranking among the fastest-growing in the nation in recent Census reports. Opposition to development is fueling several candidacies for council seats in the 2024 election.
The Cascades development was originally approved by Flagler County government as a planned unit development of 416 homes but was mummified by the housing crash. Douglas Property and Development revived the plan under the name of Byrndog PCP LLC. Palm Coast annexed 330 acres to go with the 44 acres already within the city as the developer applied for a comprehensive plan amendment and rezoning that would have doubled the number of housing units allowed, and enabled the construction of apartments.
The council approved the comprehensive plan amendment on first reading on Sept. 19. State agencies and Flagler County reviewed the proposal, as required by law, generating no objections. In contrast, public opposition has been building since. The developer has been taking the measure of that opposition, including hosting a meeting with residents on Monday. By the time the developer’s attorney, Mike Chiumento, represented the proposal Tuesday evening, it was clear that the proposal’s momentum had been deflated, and that a compromise would be sought.
On the council, the opposition to the proposals was driven largely by Council member Theresa Pontieri. She based her opposition on the impact of an 850-unit development on infrastructure. “Obviously, that’s going to have a larger strain on infrastructure, water, emergency services, all of the things that our taxpayers pay for,” Pontieri said.
The city calculated its impact on infrastructure based on “a worst-case scenario” of 850 single-family dwelling units, Senior Planner Jose Papa said. With 850 housing units, the development would add 2,040 people, including 92 school-age students. From the city planners’ perspective, existing infrastructure can absorb those impacts, including traffic.
Concerns about traffic are not imaginary. The Seminole Woods-State Road 100 intersection has become a daily nightmare for Seminole Woods residents going north, with daily, epic back-ups, even on weekends, especially for the turn west onto 100. The coming opening of the commercial development anchored by BJ’s Wholesale Club near that intersection is not expected to improve matters. The south end of Seminole Woods, along the boundary of the proposed development, remains a two-lane road.
Pontieri also had questions about compatibility, a central component of comprehensive plans. “How is it that the city is determining that this, with the inclusion of multifamily, is still compatible, knowing that we’ve got to the east and west agriculture and timberlands and conservation, and to the north and south, only single family?” she asked Papa.
In terms of the comprehensive plan, the only designation is “residential,” which encompasses the potential for apartments. “We have mixed use, which permits residential uses, but I believe in this case it probably would not be appropriate,” Papa said. “It would be inconsistent with what’s to the north and to the south.”
It’s different when it comes to zoning. That’s when the city may more closely define the apartment component–by zoning for it or against it. Both the comprehensive plan change and the zoning change were before the council on Tuesday evening.
“I wouldn’t want you to be confusing the public by combining these two issues, is was what you’re doing,” Mayor David Alfin admonished Pontieri early in the discussion.
“They don’t vote, mayor, we vote,” Pontieri said, knowing she had the crowd–grumbling against Alfin at that point–on her side. “I think that it would benefit the residents to hear from staff because there is no dichotomy of these two issues in the public eye.”
When the floor was opened to public input, a long stream of residents addressed the council to oppose the rezoning. Donna Stancil, a Seminole Woods resident, set the tone for what was to come: “As you probably notice, the room full of people behind me is a pretty good sized crowd tonight, most of whom oppose rezoning our area to build apartments, townhomes or even more housing, because we’ve got so much of it already,” she said. “The only people who seem to be in favor of this are the members of the developers, the lawyers and some of the members of our council here. It has come to our attention that many of you favor rezoning or neighborhoods for this new development. We know that at least two of you are going to be vacating your positions to run for the other offices.”
She was referring to Ed Danko and Nick Klufas, who are running for County Commission seats. Klufas was absent from Tuesday’s meeting. “You should not vote to do what the residents do not want and leave others behind to deal with this.” Some 18 more people spoke, often with bitter asides about perceived overdevelopment, or the council’s indifference, or about Alfin (“Quite frankly Mayor your facial expressions right now say everything that we need to know about it because you just don’t care, flat out, and it shows”) or even Danko’s “girlfriend”–“his current girlfriend is in real estate,” one speaker said, also pointing at the two other members of the council who are Realtors, implying that it is a “conflict of interest,” before dog-whistling: “Changing it to a multifamily is going to change it from Seminole Woods to Seminole hood.” The same commenter made a veiled threat about the council members getting themselves in “legal rouble” because of alleged conflicts of interest.
At that point Chiumento was still representing the application as initially presented that evening with one amendment: there would be town houses, not apartments, at least to the east of the development. But the usually pugnacious Chiumento was more reserved, as if aware that more compromises would be necessary. That proved to be the case. He lowered the total number of units by 100. He then conceded that there would be no apartments at all, though not before the council wrangled through its series of votes, starting with Pontieri’s initial motion to deny the comprehensive plan amendment application outright.
Council member Cathy Heighter seconded. The motion failed on a 2-2 vote, with Heighter and Danko voting against, Alfin and Pontieri voting for, and a lot of confusion among council members along the way.
That was followed by Danko’s motion to approve the application by limiting the development to 750 units, and no apartments. But since it was a vote on the comprehension plan, it could not be conditioned on the type of housing units that would be built. Only the density could be conditioned. Danko changed his motion to continue the matter to a future date. He got no second. The motion died. The audience applauded.
Pontieri tried again. She made a motion to approve the comprehensive plan amendment, limiting it to the original 416 housing units. It was really the same motion she’d made initially, phrased differently, because both motions aimed for the same end. Heighter seconded. That motion passed 3-1, with Danko in dissent. There was dead silence in the room, because the decision did not address the nature of the housing that could be built, and a council member alluded to the act that apartments could still be built.
Then came the zoning vote, which could address that issue.
Danko asked if the developer would be willing to drop the apartments altogether. Chiumento said the developer would.
“So I guess what would make sense to me is to agree and to amend the zoning application to just place single family residential on the entire property,” Chiumento said. “And then we would come back and deal with phases into the future.” It would all be single family residential and preservation-designated land. Danko made that motion, Pontieri seconded, and that passed unanimously.
Just before the motion and the vote, Alfin had opened the floor to further comment, since the zoning issue was separate from the comprehensive plan issue. By then, the audience knew where the vote was headed, and its tenor changed radically from the abrasiveness earlier in the evening. The words “Thank you” were repeated from the few residents who spoke, the first of them asking residents to limit their comments and let the council vote.
Even more unusually in the council chamber of late, Jeff Douglas and Michael Chiumento were singled out for praise by one of the residents who had opposed their development. “I attended the meeting last night with Mr. Chiumento,” a resident who did not identify herself told the council, “and I just wanted to say thank you to him and to Mr. Douglas for switching that to single-family, to thank you guys for what you did as well.” By which she meant council members. “You guys listened to the residents. In the future, I hope we can do this a whole lot sooner than many, many hours of showing up and having to go this route. But you guys did an amazing job with the vote and very much thank you to Mr. Douglas and to Mr. Chiumento.”
“There is hope in government,” another resident said, as others echoed the thank yous, though one resident also noted: “416 units is still 416 units, which means that that is still a strain on the infrastructure and all of those things that we discussed.”
Jan says
Why not fulfill the promise of Town Center – make it like a downtown – higher residential density, walkable, lots of restaurants and shops…
Laurel says
Palm Coast is one of the worst planned cities in Florida.
Jessica Matthews says
Agree! That’s where it would be proper to build MFR
Pogo says
@Bowing to Bitter Public
The whole story.
Related, but only in reality:
2023 State of the Nation’s Housing report
4 key takeaways for 2023
https://www.habitat.org/costofhome/2023-state-nations-housing-report-lack-affordable-housing
Jane Gentile-Youd says
Go Theresa you go! Residential zoning should be , for example, like in Miami-Dade: R1 – single famiy, R2 townhouse/duplex , R4 -multi-family ( was 100 per acre when I left) – there is no such animal as just ‘Residential’.
ARE the same between a 700 sq foot 2nd floor walk up efficiency apartment built in 1980 has the same zoning as the 3 acre oceanfront 6,000 square foot ( under air) with wrap around balcony.
Congratulations to the proud homeowners in Seminole Woods for joining together to save what is left of what many of us came here for and a round of applause for Theresa Pontieri. As a homeowner in Plantation Bay I wish I had a representative like you on the County Commission when and if we are faced with county staff telling us and all board members that the 19+ acre agricultural timerland parcel abutting single family homes is ” REALLY ZONED LOW DENSITY AND ITS JUST GREAT TO HAVE A 4 STORY BUILDING 200 APARTMENTS….. You would have this staff member under a bus in 2 seconds flat if he told you his ‘packages’ stated ‘ the FUTURE LAND USE’…
I am a Realtor and have been since 1979 in the State of Florida – that’s a cut above just having a license. Realtors support protecting property values of existing homeowners as well as potential buyers. I hope when you run again you are endorsed by all the Realtor Associations.
Thank you Theresa for saving all of us the l ittle space to breathe we have left. I wish you were on the County Commission,
Laurel says
No, realtors do not protect property values. They let in vacation rentals right next door to families. Bad deal.
Skip Degan says
Correct … realtors could care less about property values, as they make a % commission regardless of the value of a home, then move on to the next buyer or seller. Then, down the road, they attempt to sell the same home again, and again, and again.
It is all about quota, quota, quota …
Attend a real estate morning meeting some time, just like car dealership morning rah rah meetings.
Kenny says
Why don’t they put the apartments behind or in front of where the Mayor lives? If he’s for the apartments so much, I’m sure he would love it! There is so much vacant land around him where he lives on one of those 5 acres lots off of Old Kings Road. Quit trying to put it in other peoples neighborhood when he can have it in his backyard.
Me says
For once the City Council listened to the taxpayers that pay their salaries. The Mayor doesn’t listen to us, all he does is want to over build the City of PC and create more traffic that the town can’t handle. Wha t is Mr. Overbuilder doing about the traffic problem? NOTING.
CELIA PUGLIESE says
Kudos to our lady council Pointieri for hearing us, yes the crowd! She is right the crowd does not vote the council and mayor do and we expect them to vote for us the crowded residents affected by these tragic rezonings non compatible with the surrounding areas. Honorable Theresa you made all the right questions and replied inforce to all contesting rethoric from mayor, Danko and staff! So glad Klufas absent as he would have voted against you! Is time we turn this city vessel into the right path even before 2024! Preventing further damage to us the residents! Plenty room in vacant town center for multifamily housing close to shops and hospital very convenient walking distance for those that yet can’t afford a car. Not in Seminole Woods were residents are not only endangered by this greedy rezonings request but also by the worldwide pilots trainning schools practicing touch and goes and rounds and rounds arrogantly over our homes dense Palm Coast communities out of the Flagler Airport. Seminole Woods and Quail Hollow residents engaged legal team regarding your properties Avigation rights utilized by the airport. Get informed about this battle and join in as funding in numbers count!. Trainning aircraft from these worldwide students schools are falling down in homes, nearby boats in lakes, sports fields and airport tarmacs…allover tyhe USA. Is not longer if, but when and again over us: https://www.tcpalm.com/story/news/local/st-lucie-county/2023/08/18/local-flight-school-linked-to-plane-in-deadly-slc-crash/70621038007/. https://www.tcpalm.com/story/news/local/st-lucie-county/2023/09/18/survivor-of-deadly-plane-crash-in-st-lucie-county-said-right-wing-came-off/70889267007/ Also could be their trainning aircraft crashing over intentional damage done by a frustrated student!https://www.wpbf.com/article/florida-flight-school-student-rage-damaged/45667825. Also some crashes caused by intentional harrasement of residents or boaters in 2022:https://www.youtube.com/watch?v=1hbIaoYb_TU
Interested Observer says
I think we also need to take a close look at who’s on the Palm Coast Planning and Land Development Board. That’s public information and anyone can request a list of those members.
Then, after getting a list of the members of the Palm Coast Planning and Land Development Board, take some time looking into the backgrounds of the members. You might be very surprised at what you find. Realtors (with questionable backgrounds), developers, “engineers” (aka people closely tied to developers behind the scenes), people who’ve lied about their educational credentials, run-ins with the law . . . among other things.
Instead of being outraged after the fact with all the development approvals, people need to start doing some legwork before the fact and make sure that members of the planning and development board heed the interests of the citizens of palm coast and not their own pockets.
Time to start waking up to how things work. Do your due diligence and investigate who these people are and most especially their real backgrounds.
MITCH says
Most of City Council Members do not get it – “you cannot stop growth” – no one is trying to stop growth; residents want safe neighborhoods with a livable residential environment. Not overcrowded neighborhoods with speeding cars and neighborhoods polluted with poisonous traffic fumes and dust not to mention constant traffic noise. The city council has rejected the idea of keeping residential neighborhoods safe using approved FDOT Traffic Calming Methods, used to control speeding (safety) and volume of traffic (environment), The city council is aware of the worldwide numerous studies by Health Organizations and Universities on the harm to residential neighborhoods from traffic pollution but has chosen to ignore the studies to be part of the legacy. Votes count if you want a safe and livable city; it would be great to be known as a city where resident neighborhoods’ safety and environment are considered first. Check out how traffic pollution affects residential neighborhoods: Infographic: Living Near Busy Roads or Traffic Pollution – https://envhealthcenters.usc.edu/infographics/infographic-living-near-busy-roads-or-traffic-pollution
Dennis C Rathsam says
All I hear from the mayor & his cohorts is we need affordable housing, is this it????? HA HA…. Why do these polititions speak with forked tongues? All talk no action, WHY???? They cant make money on it. Remeber one thing in life, I learned it many many years ago. Its all about the money! Its about time JOHN Q PUBLIC wins one!
clucker says
Yep, even more unaffordable housing for Palm Coast. What is PC going to do when they’ve priced out the restaurant and retail workers, teachers, cops, CNA’s etc.? Most people right now can’t afford $350k houses with 7.5% interest and $6,000 homeowner’s insurance, so I don’t think building additional apartments is a terrible idea in the long run.
Laurel says
See what happens when the public sticks together? I’d like to think the Hammock inspired some of these residents. I’d also like to see y’all do it again!
Bee says
What’s funny is the 400 plus houses is probably wanted they wanted to develop all along.
Skip Degan says
Thinking the same. Attorneys always ask for more, knowing that they look like good guys when they get less, which is all they really wanted.
Laurel says
Bee: That’s always a part of the “negotiations.”
Melly says
The problem isn’t “apartments” per se. The problem is INFRASTRUCTURE.
But I’ll tell you one thing–this area must have more apartments built, or it’s going to top out in population. I know that’s what some of you want, but the fact is, not everybody can afford to–or desire to–BUY A HOUSE, and empty houses do not support your tax base. There are already precious few businesses in this county to tax, compared to surrounding counties. Do you want a nice mix of residents to bring more small business to Flagler County? Then you’ve got to open up for more affordable housing. End of story.
Laurel says
Melly: No, it’s not “end of story.” If you want more jobs and more affordable housing, move to where that already is.
melly says
Yes, it is. Telling someone “if you don’t like it, move” IS NOT the answer. It’s a cop-out and cop-outs are why this nonsense continues.
Laurel says
Melly: I did not tell anyone to move from here, nor did I say “if you don’t like it.” I said if you want jobs and affordable housing, move to where jobs and affordable housing are. It’s nuts, to me, to move to an area that is not affordable, or does not have the right jobs desired, and cry about how it should change. Good luck with that. If I wanted to work for a large insurance company, I’d head for Jacksonville, not Palm Coast expecting the insurance company to move to me. I have never moved to an area that I couldn’t afford, or make a decent living. That’s counterintuitive.
The term “cop out” does not belong here.
Land of no turn signals says says
Infrastructure what infrastructure?Traffic is horrible now and if and when they do something about it they look ahead 6 months not 10 years into the future.We need more apartment buildings like we need more storage units and dollar stores.
Bert says
400 homes is too much! Cant palm coast have ant woodlands!! Thats all they want to start with! Oldest trick.
Bob says
The citizens were tricked. After they built the 400 homes they will simply apply for the changes in zoning for the rest of the 450 homes. Developers got there foot in the door now and in councils pockets.
jeffery c. seib says
It was great to see the people of the community standing up and speaking out on this totally inappropriate development. But we need to remember this project as originally planned for the 850 units flew through the city planners review and the planning board review as is, with flying colors. So, the question that must be asked is whose side are they on anyway? Even scarier, unless some action is taken by the city council to direct the city manager to change the direction of both those groups (planning dept. and planning board) we will be in this same mess over and over, “like deja view all over again.”
The Sour Kraut says
Alfin has to go. Plain and simple.
melly says
And so do his trolls inhabiting this discussion forum. Anyone who thinks we don’t need better planning or more affordable housing has an ulterior motive and it isn’t in favor of residents of this city.
Laurel says
Please identify said “trolls.”