As the Margarita Hotel rose to its final height in downtown Flagler Beach some months ago, so did residents’ howls. They complained to city officials that the hotel was higher than it should be, higher than it was allowed to be.
They were right about the first part. The city charter limits heights of core building structures to 35 feet. They were not entirely wrong about the second part. City code allowed some flexibility with certain architectural elements rising past the 35-foot limit–elevator shafts, bellfries, air handlers. But city planning staff allowed more height for elements that went beyond those exceptions than they should have.
It wasn’t the hotel’s fault. It was an error in oversight or interpretation: somewhere between the plans the city Commission approved and the building plans the administration signed of on, something grew. Now it can’t be undone.
“If they were to build something that wasn’t approved, then you go after that,” Drew Smith, the city attorney, said. “But right now as far as I’ve heard, everything I’ve heard, they’ve built what was approved.”
To keep that from happening again, the city is rewriting its height ordinance, specifying heights down to architectural elements. The city’s planning board reviewed the proposal on Tuesday and liked what it saw. (The city commission has had an informal look but hasn’t had its first reading of the ordinance yet.) “Overall, I really liked the verbiage, the narrative,” Joseph Pozzuoli, an architect and the chair of the planning board, said.
The board unanimously recommended approval of the ordinance, with three technical modifications. It now goes to the City Commission for two readings.
The proposal addresses commercial and residential construction. In non-residential areas of the city, the 35-foot limit set in the charter’s stone may be exceeded by such architectural elements as ornamental spires, towers, and belfries that are not designed or used for human occupancy. The overall height of the structure, including any of those elements, may not go beyond 45 feet. That height is to be measured from the finished grade of the property, at its center-front end. In other words, if the building sits on 6 feet of fill, that fill height does not count against the building height. The size of the element that’s exceeding the 35-foot limit must also not exceed 15 percent of the topmost floor’s linear surface area.
Mechanical elements may also exceed the 35-foot limit in those buildings in non-residential areas. Those include elevator and stairwell bulkheads, water towers, gas tanks, communications equipment, and air conditioning units, though that’s not an exhaustive list: the ordinance does not specify every element. That equipment may not go higher than 43 feet overall. The ordinance also requires those elements to be set back from view in such a way that it minimizes what people can see from the ground.
Parapet walls–those barriers that rise at the edges of roofs and balconies or terraces–may also rise up to 6 feet on the roof’s lowest point to hide mechanical elements, and may not be more than 41 feet above ground (or grade) level. Parapet walls will also be required to be set back to minimize their visibility from ground level. Naturally, a builder o architect designing all these elements will be required to submit the plans to city planning staff for approval.
The central tenet of the height ordinance that elements exceeding the the 35-foot limit must not be designed for human occupancy has its own exceptions. The proposal leaves room for “gathering spaces, amenities, and other recreation areas,” with conditions. The hotel will have a rooftop bar, for example. But it cant take up more than 50 percent of the roof area nor can it be fully enclosed. Partial walls built as protection have to be set back from the edge of the building, and can’t be higher than 6 feet.
While such areas may not be fully enclosed, they may be roofed or shaded, with the roofing allowed to be up to 49 feet above grade at ground level, or 14 feet above the floor of the roof area, with eaves limited to 10 feet above that floor.
The proposed ordinance does not change the land development regulations addressing residential homes. Judging from comments before the planning board on Tuesday, that’s the kind of questions it may face: where does the 35-foot height of a house begin? Where are baselines? Where’s the grade? How is fill calculated in? Smith attempted to put some of those questions to rest. “The height regulations do not dictate the Fill that’s brought in that would be the Fill ordinance itself,” he said. “The highest grade that finished grade could be is the highest grade you lawfully can bring fill in, to bring it up to. So it’s going to work in tandem with your fill ordinance. But this is not going to say nor does it say how much fill you can bring it.”
As one of the members of the public noted to the planning board, enforcement will be the issue. But that’s a different story that the City Commission is still grappling with.
The planning board also agreed to send a spokesperson to speak for what the board agreed to because, as one member of the public put it, “we don’t have the PAR board at the meetings to defend what they’re suggesting and recommending.” (The planning board is known by its acronym, PAR< for Planning and Architecture Review board.)
The resident may have been misconstruing the role of the board in relation to the commission: it is exclusively advisory. It has no authority beyond what it is recommending. The commission is free to accept, amend, or reject its recommendations. So it is with any advisory board in any local government structure. Beyond clarifying or elucidating their recommendations, if asked--though proposed ordinances as recommended speak for themselves--members of those boards may be out of place if they then take on a role different from that of a member of the public speaking to the board for the allotted amount of time during public comment.
Keep Flagler Beautiful says
Is there a more incompetent city government anywhere in America? If so, I don’t know about it.
Joyce Cotto says
Starting to look like Daytona Beach…..so sad!
Mic says
Must be the same council that was in place in St Augustine Beach and “didn’t know” the Embassy Suites rose above allowed ordinance. Pockets were lined to look the other way.
Anna Mac says
Any blue city. I’m sure there were no kickbacks involved.
Thwart D says
Incompetent? Or did some palms get greased?
Carole says
Did anyone check it out while they were building? It’s seems like another Aliki mistake
nbr says
Smells like rotten fish
Dan Ignatuk says
So how high is the Hotel?
Dan Ignatuk says
How high is the hotel?
Gene Piccolo says
How stupid do we look. No wonder that tech co that wanted to lay optic lines in the park. Who is responsible for this oversight that ruins the view coming over the bridge
HayRide says
You must sit awfully low in your seat if you view is problem, guess you voiced your opinion without actually going over the bridge. Guess you must want the foot bridge removed because it’s so old and looks rusted
Kath says
It never should have been built in the first place.. it doesn’t fit Flagler Beach ! Go over the causeway ,and see concrete wall in the sky . Is there a ocean 🤔 ? Guess it matches the mad max bridge .So much for small Beach town feel. Your so worried about traffic &kids curfew. What the hell add some drunks to the mix . The building doesn’t match ,the area. Looks ridiculous. Oh I bad ! Guess Flagler board says this all day !!and laughs all the way to the bank. Maybe you should get 75% of Flagler to approve your next project. Because you’re judgement is questionable. Shameful.
The Sour Kraut says
So the city screwed up and is making changes so it doesn’t happen again? Sounds reasonable. My only complaint is the hotel was approved with insufficient parking in am area where parking is already an issue.
Jane Gentile-Youd says
Shocking and inexcusable
JimboXYZ says
Of course those that get bailed out on the approval screw up like the modifications to that ordinance, they’re getting bailed out for flat out screwing up. This probably wouldn’t be a problem if they were coming clean on the excess above the 35 feet, instead they just move the bar to 45 feet because it will cover the screw up in this instance. Going from 35 to 45 feet is 1-2 more floors sandwiched in the middle for future lodging development ? More revenues for rooms.
So just out of curiosity, what are the actual height dimensions of Margarita-ville ?
Celia Pugliese says
And again like happens in the city of Palm Coast all comes to the city “staff interpretation” and desired to benefit developers and not what the residents need/expect. De Ja Vu!
William Bowes says
This nonsense goes on all the time with regard to building in Flagler County. In Palm Coast Builders were somehow allowed to build houses on lots that were higher than existing houses that were next to the new house. This caused pooling of water in the adjacent yards that had not existed before.
What was the city’s response to the problem?
They formed a committee that had a “citizens” component along with buiding officials that is supposed to study the problem. The city has personnel in the building department and in zoning that are paid to make sure that this type of mistake doesn’t happen. They dropped the ball and now are looking to avoid responsibility. We’ll see how long it takes to come up with a solution and how to fix the affected homes.
GW says
Does anyone follow the rules or the law anymore? Unless there are consequences, this BS will continue to happen.
Toto says
Wow, opening this can of worms will potentially change the character of this once lovely, quaint, unique beachy town. Very out of character for what attracted so many folks here. I’m almost 70 so I’m glad I won’t be around to see my beloved town completely ruined. Sad….
Marlee says
Oh well, it used to be so inviting when driving East over the bridge
with a view of the Atlantic Ocean!
I always admired that opportunity and thanked the Flagler Beach leaders
for that rare beautiful view in Florida.
No more…..just like every other place in Florida.
HayRide says
Get real, you can’t even notice a difference driving over the bridge compared to all the other building.
Denise Wilson says
Would be interesting to know exactly WHO’s POCKET GOT PADDED? SOMEONE KNEW, and SLID IT IN!
JAA says
Why am I not surprised by this? Half the people here didn’t want this hotel. Of course the building didn’t err on their side. Government given inch, takes a mile!
Mike says
After reading the statement regarding the fill and ordinance of the fill reminded me of ” how much wood could a wood chuck wood if a woodchuck could chuck wood”. Also thought why have codes if they are not enforced or enforced improperly.
Enforce the code or don’t have one. Selective enforcements do not work. My opinion.
Jimmy says
Why rewrite? It is possible that it could sink a few inches into the sand due to future beach erosion. It’s all about changes in attitudes rather changes in ordinance-tudes. Nothing remains quiet the same!
Brian Lawlor says
Someone got Paid Off
Richard Russell says
Everyone knew in advance that the building was going to be higher than allowed. The reason I say that is because the architectural drawing were designed to carry the extra weight of the the extra partial floor. If it is, as I have heard, a roof top bar / lounge, then there would be the the extra weight for tables, chairs, refrigerators, ice makers, beverages, bar supplies AND the weight of 30, 40, or 50 people. Who will swear that they didn’t know anything about this ?
Ray W. says
If I recall correctly, the Flagler County Courthouse was built with more space than necessary in order to accommodate anticipated growth in the county; it was the first government building in modern memory that wasn’t full the day it opened. If memory is correct, then my kudos to the county commissioners who authorized the building. Cost more up front but saved money over time. And, if I recall correctly, Volusia County built its DeLand Courthouse with sufficient load-bearing structural components to add a new floor on top if needed.
Martin Cashel Reed says
In my opinion, the commissioners have just made this maximum height issue more complicated than it was. There is a lot of additional criteria that will potentially cause confusion and misinterpretation. Why not just call out maximum height of 35 ft period, and any allowance for misc. equipment to be submitted for review on an individual basis?
Jay Rhame says
Now that this problem is being put to rest I can’t wait to see how the hotel actually utilizes the beach.
Em says
What ashame! No wonder people are putting their mobile homes up for sale a couple streets over. Traffic was horrendous before this hotel began construction, not just weekends, but week days…parked cars on both sides of A1A. Now with all the added foot/auto traffic, during and after hours …guess our once beloved Flagler Beach is off our favorite “quiet” (haha) little beach town. Was our special vacations since 1970! Guess it won’t be long before all the little shops, bars (which will love the visitors) are gobbled up with new construction. Bye y’all. Sorry you have to live with it. :(😔
Larry says
Didn’t we pass a law or ordinance stating that the maximum height of all buildings residential and commercial must be approved by a vote of the people? We don’t want another Ileki condo like the one on 17th North & Central. Have the commission erst just opened up a loophole intentionally or unintentionally?
Dawn Smith says
Did anyone think about the radar interference, with the Flagler County Airport?
Be Fair says
Oh so they rewrite the codes to squeeze the small builder. What about inspections didn’t they notice the structural heights from the engineering inspections. Where’s the drainage plan I built several homes there and they made me dig retention ponds. It’s all a joke some of the commissioners are too old and need to go and one younger one needs to go as well. We all know who he is. Leave Scott Bradley and clean house. No terms longer then 4 years is what is needed
Al says
I believe the oil passage is “It’s easier ask for forgiveness than to ask permission”. Seems like they rewrote the codes after the Aliki fiasco. Didn’t help. Don’t be fooled by the developer, the architectural engineers new exactly how high that building was going to be.
earl sanders says
I recommend a clean sweep at election time!