Ending a six-month wrangle over the proposed Harborside redevelopment around the Palm Coast marina, the City Council Tuesday in a 3-2 vote surrendered on key demands, overriding some staff recommendations, and approved the addition of 300 apartments and town houses, a project that will remake the character of one of Palm Coast’s original neighborhoods.
The 299 new units approved, to go along with the existing 72-unit apartment tower at Harborside now, are a reduction of 61 units from the developer’s request. But the number is 61 units more than city planners had been recommending over the past few months: The city At an impasse, the two sides agreed to split the difference to arrive at the 300 figure.
The developer will be required to re-build a (private) and dilapidated pavilion along the Intracoastal and abide by a set of conditions, such as maintaining the marina and its fuel sales. But marina conditions are predicated on commercial viability, giving the developer an out. Beyond that, the city made a series of substantial concessions to the developer, Jim Jacobi’s JDI Palm Coast.
Among the concessions: substantially more housing units allowed than planners originally wished, no requirement to build a hotel, a restaurant, or a public sidewalk, and only a conditional commitment to keep the marina going, rebuild a gazebo, or give access to a boat ramp–or “available dockage”–except in emergencies.
“My concern is trying to force a legal template on top of a business model that either doesn’t exist or won’t be successful,” Mayor David Alfin said. “Building out according to a legal dialogue in the hopes that they would be successful is not I don’t think the most prudent way forward.”
and Council members Ed Danko and Nick Klufas voted to approve. Council members Teresa Pontieri and Cathy Heighter voted against. Pontieri, after detailing her analysis of the proposal, finding its creativity wanting and its precedence-setting alarming, had sought to table the issue to give the two sides time to ensure, for example, that the agreement’s language specifies the developer’s commitments, whether it’s to fix a gazebo, build a restaurant or provide public slips in the marina. “We don’t trust each other. We enter into strict agreements to hold each other accountable,” she said.
Curiously, Heighter did not second her motion, and the matter moved on to the vote for approval.
The breakdown in public comments told a story of its own: 15 people spoke against the proposal. Three spoke in favor. The 15 who spoke against were all residents, without additional special interest titles to their name. The three who spoke in favor were the president of the Harborside condominium association, whose board had voted in favor of the project, a local chamber representative who has never opposed a development in any form anywhere in the county, and Alvin Jackson, the Bunnell city manager, who happens to live near Harborside, and who champions economic development in any form.
“I see it as being a great catalyst for great for economic growth and development for the Marina as well as for the neighborhood,” Jackson said.
Those who spoke in opposition object to the anticipated traffic,, the density, the lack of access to or disappearance of the marina’s amenities, they were concerned about the developer’s non-binding commitments, raising issues of trust, and some spoke of the site’s history and the proposed development’s variance from original intentions there.
While the developer will be required to maintain the marina’s designation as such, renovate the marina’s ship’s store and provide fuel sales, it will have to do so only as long as that’s “commercially viable.” The agreement does not get into more specifics. Several of the people who addressed the council raised concerns about that.
“I think the Marina is at risk. I think the fuel dock is at risk,” Mark Lewis, a C-Section resident, told the council. “The definition of of economically feasible is a nebulous term. They can just determine whatever they want.” (Livingston said fuel sales disappearing is “unlikely to happen” because of the number of users along the canal. “That fuel facility will remain open.”)
As a condition of approval, city planners had asked that the developer be required to build a paved, 5-foot wide public sidewalk connecting an existing trail on the west side of the Intracoastal Waterway with Palm Harbor Parkway. The developer refused, ceding to existing residents at Harborside, who a developer representatives said simply oppose the sidewalk.
“It was very clear to me at that meeting,” JDI representative Tarik Bateh said of a neighborhood meeting, “that those speaking on the topic were opposed to any sort of public access sidewalk on that property next to their building, in their backyard, in their side yard, whatever yard you want to call it. So first and foremost, our neighbors do not want it.”
Bateh also raised issues of liability, and compared people walking on a possible sidewalk to trespassing.
But that’s a stretch: Harborside is part of the city. It’s not a gated community. “Our vision was to have it open to the public, not just private for those residents,” Ray Tyner, the city’s chief planner, said of a sidewalk or the gazebo on the Intracoastal. “You have the restaurant that would be there, people after they’re done eating would have a walk on the Intracoastal Waterway.” Tyner noted that numerous city trails are on private property, too.
Despite the city’s offer to both seek an easement for the sidewalk, relieving the developer of liability, and adding vegetation as a buffer, Bateh still demurred. “It takes something that is envisioned as simple and beneficial but can potentially morph into something very complicated,” he said. Livingston strongly disputed the need for a path. “Nor is it appropriate or fair to impose an obligation on my client when there’s a path that’s there on somebody else’s property that can be rehabilitated,” he said. (The path Livingston referred to is rife with problems, Tyner said.)
With Pontieri’s exception, Council members did not challenge Bateh (“forget the path. Okay? No path,” Danko said) even as Klufas underscored that “one of the most unique aspects of our communities that ability for walkability.” Klufas later tried, meekly, to restore the sidewalk requirement, but got nowhere. Council members implicitly conceded what they would never say out loud: if Harborside residents wish to discriminate against fellow Palm Coast residents walking on a sidewalk along the development’s confines, so be it.
Some of the many residents who addressed the council belied Bateh’s claim. “I use that trail once a day to ride my bike,” Peter Johnson said. “So to take away that public access to that trail right there would be detrimental to not only me, but many other people who walk their dog down there, to access that part of the park, to ride their bike, just stay active.”
“When I first moved here, we had a hotel, a pool, and as everybody said, you could walk all around the place, no problem,” Ron Murphy said. “So I think we have to open the public access and keep it.”
Pontieri pointed out the contradiction in Bateh’s rationale: the developer is willing to rebuild the gazebo on the Intracoastal, even though it, too, is private property, but not build a sidewalk. Bateh’s explanation: The gazebo “is located in a portion of the property that is not readily accessible by the public.”
Planners had asked that 75-seat restaurant be part of the plan. The developer never committed to that, arguing that market forces will either make a restaurant viable or not. But the developer agreed that, should the restaurant not be built, its footprint won’t be replaced with more housing. “There’s no way out of that requirement other than leaving it vacant and making the land useless,” Jay Livingston, the Palm Coast attorney representing JDI, said. “That would only be if we can’t find a restaurant user. We’re not going to build a shell and then have it sit there vacant. There’s a really good example of one in Flagler Beach sitting next to the marina that’s been there for almost 20 years where no restaurant user’s taken it and it’s just an empty shell. We don’t want that to happen. That’s not good for the city. It’s not good for the project.” (The Flagler Beach restaurant Livingston was referring to has had several users, but none have managed to keep their business going.)
Planners asked that the developer maintain an existing boat ramp for government access in emergencies. The developer agreed only to provide that access in cases of declared local emergencies, even as Livingston said the aim is to have a boat ramp on site. “How it’s going to be, where it’s going to be located, if it’s going to be in its current location or different location, that’s something that we can’t commit to right now because we haven’t had the ability to go to the next level of site planning,” Livingston said. “But it is a permitted use and it’s not something that we’re trying to avoid.”
Nevertheless, the city did not seek a commitment for a boat ramp even pending the site plan, absent an actual location.
The development will, naturally, add what Heighter termed “a huge amount of traffic that’s going to create some conditions in the area.” Livingston conceded the point: “That is an unavoidable reality of development,” he said, noting that the latest numbers reduce what that traffic flow would have been under the developer’s original proposal. A more specific traffic impact analysis will be required when the developer submits a site plan. That analysis could lead to additional traffic-infrastructure improvements the developer would have to build. (Livingston said the development will have a second entrance, possibly a third, down the line.)
“You can’t prevent traffic when there’s growth and there’s development,” Livingston said, “but the city’s code, the city’s processes, city staff, the review process, your own review of that of that at that level of the development application will allow you all to to see exactly what’s going to happen and how it’s going to be addressed.”
The 3-2 vote just before 10 p.m. took place almost three hours into the Harborside hearing.
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Eric-ji says
300 units with 2 cars each, perhaps more. Traffic is the biggest concern to me. There’s not much option to widen Clubhouse Drive, Palm Harbor Parkway going south could be expanded to the west, but not to the east, it seems. It could not be expanded to the north without widening the bridge. My bet is the city will do nothing to expand the roadways. But it should.
Richard Smith says
Eric they don’t care, its all about money. I agree with everything you said. Are city council could care less about what the citizen of Palm Coast have to say. Eric great commit…
The real truth says
Vote Alfin, Klufas and Danko permanent vacations from any board. They all work at the pleasure of developers. Alfin is a hired mayor, placed by developers to get rid of the ITT core values of the community and to impose new precedents that future boards will be stuck with as the reason they can’t deny. Danko is friends with this particular developer and for the love of God, Klufas is the dumbest puppet elected.
Tina Goberville says
Listened to the whole sorted mess. They should of listened to the attorney. She didn’t feel comfortable and you could tell it totally annoyed the mayor. She was right. Should of tabled the whole thing. Idiots!!!!!!
David Schaefer says
Totally agree, Thank You….
James says
Here come the conspiracy theories…”placed by developers to get rid of ITT core values.” What they heck are the core values anway? It couldn’t be that the 2-3k new residents that come here every year are bringing a “modern way of life” perspective to the community? Couldn’t be. You probably oppose the cell phone towers, too.
And when you simply can’t come up with a reasonable fact, it must be that Klufas is dumb and Danko is this and the Mayor is that.
Speaking of the Mayor, in your world, Alan Lowe would’ve beat Alfin, and he would’ve been our Mayor. I guess that would’ve made you happy? Lowe was up there talking about suicide and diving under the docks during public comment. It’s laughable!
Raymond E Smith says
You analysis of the vote, process and what is going on is ridiculous.
The mayor and developer and board are the only one’s getting exactly what they want a Big Pay Day
Di says
You are correct even when we tried to push against the tax increase the city council voted it I. We loose any way you see it.
Pat says
What about a school for those 3 and 4 bedroom apartment menus? Or is this going to be an all-adult complex?
Diane Ramirez says
Palm Coast is up for sale, folks. These committees and planning boards NEVER say no to any developer. They took your sweet, lovely city and are well into turning it into Miami. Enjoy the increased traffic, litter, crowds and traffic.
jim lang says
Diane, you hit the nail on the head. Our city council could care less about the people who already live here.
The dude says
If you want to see what it will look like in ten years just row on into the main channel past the marina and on down to the end. The sea wall in front of those apartments/condos is absolutely collapsing into the canals.
Once the developers make their bank, they’ll be gone faster than Mullins in his Ferrari…
Build, Build Build, Make that $ says
There is almost no prime land left to develop from Daytona to St Augustine, they will find every nook and cranny to exploit and developers have their chosen supported few in power in local government. I will never vote for any candidate with any ties what so ever to real estate or developers. We are just a few years from being swept up in the greater JaxLando sprawling metropolis.
M and M says
When we bought our first lot in Palm Coast from a mobile sales office on A1A back early 1970s, it was said Palm Coast would be the size of Detroit. Have no idea what PC population is nor that of rundown Detroit, but it has gotten too crunched up in building upon each other!
Traffic to the only Walmart is a disaster. Yes, the speeding, uncontrolled boaters on the Intracoastal have eroded the banks back beyond belief and repair. Look at what’s been destroyed as you walk, if you can still walk, the path from Legacy to the bridge and beyond! Speaking of the bridge…how many years do we have to pay for it one way? Now up to $3.00 to cross.
There is plenty of land on Colbert – the long-cut to avoid the bridge. Sure a lot of land on 100, but traffic is already a mess. Hey, step out to Bunnell or Daytona North (another promise of great future things happening!). Gotta love cabbage and taters!
We once loved staying in PC, visiting Flagler Beach, but that town is no longer a breath of fresh air with both sides of the road blocked, yet we’re going to build that hotel smack dab in the middle of town.
Sorry to rant on, but had to.
john stove says
“Speeding uncontrolled boaters on the Intracoastal”……what are you talking about? Once you get past any “No Wake” zone, you are able to Resume Safe Speed. If you own property on the Intracoastal and you want to stop wave action from eroding your back, add armor (rocks) like most people do or build a seawall. The Intracoastal (was in existence as a safer alternative to being in the ocean) for interstate commerce long before any homes were built.
M & M says
Thank you, but take a walk on the wild side and slow your boat down. But no worries, it will all be under water by 2050 and we won’t care, will we!
Concerned Citizen says
This headline should have read.
Palm Coast makes mad bank with developers. At the expense of Flagler County Residents.
Erica says
Welcome to Jacksonville suburbs! Wow this town is going to be a mad house!
Dave says
Where is all the so called environmentalist protection groups?? Ooh that’s right they already got their cut under table.
Eric-ji says
If you don’t like what’s happening to Palm Coast, run for office and get yourself elected on a zero- or low-growth platform. The people who run for office are indeed pro-developer. Much the same for municipalities nationwide. Change who is elected.
Gary says
I think the plan for palm coast is renaming to pave coast, all strip mall and housing.
Pogo says
@Palm Coast was always a hustle
“… In the late 1950s, most of the land that would become Palm Coast consisted of swamp and pine forest, with only a few farms and beach houses as well as a turpentine distillery …”
https://en.wikipedia.org/wiki/Palm_Coast,_Florida#References
Just the place for a retirement community. Yeah. Okay.
The whole story — on one page. Whatever happened to…
https://en.wikipedia.org/wiki/Levitt_%26_Sons#Under_ITT
Oh, they moved to Florida. Actually, they happened to Florida. And then Florida happened to them.
It’s famously said, you can’t cheat an honest man…
MITCH says
What the City Council keeps saying; resident’s health does not matter. The traffic fumes/dust/noise will harm many residents’ health – here is what the City Council vote says” “WE DON’T CARE ABOUT RESIDENT’S HEALTH WHEN IT COMES TO BUILDING OUR OWN LEGACY”. See how your health will be harmed: https://envhealthcenters.usc.edu/infographics/infographic-living-near-busy-roads-or-traffic-pollution
Dan says
With all the expansion the necessary hospital space and lack of a trauma center is getting critical. Water pressure in the R section is getting lower and lower. The street I live on is cracked from one end to the other. Also there are ruts in the street as well. Take good care of existing necessities before expanding.
James says
All the NIMBYs freaking out again. Fun to watch. They got up there last night to say “why should they even be allowed to build?” Maybe something called property rights, I dunno? The people arguing about the traffic…you can see right through them. Oh, a hotel or condotel is ok, but not real residents? So you want hotel traffic, which would be very heavy during speed weeks, bike weeks, etc? So, it’s clear these people really don’t want anything, even (NIMBY), which isn’t rational.
What I saw last night was the City gov’t trying to strong-arm a landowner into a sidewalk for the public on private property BECAUSE, the existing sidewalk on the property to the South is crumbling as a result of another landowner not holding up their end of the deal. How does that make sense? And when somebody trips and falls, who do they sue…in this sue-happy state of ours? The landowner. Maybe take up your gripes with Morgan & Morgan.
Joe Miller says
Palm Coast has enough housing ATM. Let’s fix the infrastructure to handle what we have now. It isn’t working well and needs to be addressed prior to any more housing. Also, I wonder who got paid under the table for their vote as clearly 15 residents voiced their vote of “NO” and 3 people with self serving interests want this atrocity.
Skibum says
Well folks, I hate to burst your bubbles after reading all of the negative comments about development here in Palm Coast. But the mayor and city council have stated previously that they are very limited legally in what they are able to deny if a development project meets zoning requirements, building codes and other legal requirements. I’m not saying that I am for all of the development that we are seeing here, but you look at any community or city and try to tell me that they have been successful in halting all development over the years in order for that local area to remain untouched by lawful development that was being proposed, and I be you will not be able to do so. No place I have ever lived in my entire life has remained the same over the years. It might be quite a learning experience for the naysayers to actually run for election and be part of a local government body where staff attorneys can teach you exactly what a local governing body is legally able to do and what they can NOT do. In a world where we wish things would just stay the same, that unfortunately is just a fantasy. But if you really do want to have a say so, your voice will never matter as much in the comment section of news articles as it would as an elected official, so run if you think you have better ideas than those who are in positions of power at the moment, but be careful of what you wish for.
Richard Smith says
What!
john stove says
The Marina issue is a tactic for the developer to unload it on the city. They will claim it is “economically not viable” to run the marina and threaten to close it. Local outrage will be swift and loud and the city will be forced to own and operate it to save face for allowing the development to move forward.
Print out this comment for future documentation!!
Leila says
The last greenway in Florida is going fast, with no regard for how residents feel. Just wait until all this new traffic hits the Hammock Dunes bridge. Traffic will be backed up for miles. We’re the bridges here built to withstand this high level of traffic? Does anyone know, or care?
Boat ramps and Marinas? We don’t need no stinking boat ramps!
The Katzenjammer Kids are running Palm Coast now. Alfin, Khulus, and Stanko!
palmcoaster says
Skibum do you own a boat like many in Palm Coast? Where are you going to fuel it when the JDI LLC with the approved verbiage, against residents clamor “If commercially viable” regarding the marina fuel pumps decides no longer commercially viable and shuts is down? Also why all these developers, that deserve your support here, buy land under restricted zoning and request rezoning or special exceptions to be granted to the current zoning they bought in and are granted against the best interest of the adjacent opposing residents? Is like buying a parcel for professional offices and request a rezoning for a fuel depot, multifamily or whatever else non concurring even with density of units or traffic increase next to your house in the area that affects adjacent residents. I consider at this point the rezoning approved border the illegal while affecting residents lives. In what, these zoning changes benefit you?
Leila says
Is there a plan for all this, other than destroying greenway, putting down more asphalt and throwing in another Dollar Store and gas station? Have you seen the traffic backup on Palm Coast Parkway recently? It’s bumper to bumper.
Would strongly like to suggest that we give these people one term and then run Tree Palmeri, the only sane voice at the hearing, for Mayor. She gets it.
The others must go. If they don’t, it will take you an hour to drive 5 miles in this community. The other option might be to turn ourselves into one massive gated community to keep everyone out. Don’t laugh, it’s happening in other states.