The Palm Coast City Council approved on first reading the annexation from the county of a 39-acre parcel on State Road 100, adjacent to the BJ’s Wholesale Club property just east of Bulldog Drive. The property is slated for a development similar to the BJ’s shopping center. But the council did so with an informal condition: that a portion of the land zoned for apartments, entitling a developer to build 255 units there, be converted exclusively to commercial zoning. No apartments.
The council’s 3-1 vote could not make that condition formal. It would be illegal. But it council members made it clear to Jay Livingston, the attorney representing the land-owner.
“We are very leery–this council, at least–very leery of approving any more housing in the situation we are currently in,” Mayor Mike Norris said.
The council is not as concerned with commercial development. It’s the kind of development it wants to encourage. But it is concerned about the traffic congestion on State Road 100 that commercial development has been drawing to a highway that city officials acknowledge has a failing grade in some segments.
Two segments on State Road 100 from I-95 are over capacity, based on the city’s adopted level of service D. The remainder of state road 100 is within the adopted level of service D. Based on the proposed commercial development for what would be called “Flagler Landing,” the road is projected to exceed current capacity in the segment between Seminole woods to Bulldog Drive. If and when that happens, the developer will be required to contribute a portion of the money necessary to relieve congestion.
“I ran on trying to bring more commercial to the city so that we can kind of even out our tax base in ways. So I certainly want this to happen, but we also need to consider how that’s going to affect the already troubled roadway that we have right there,” Council member Ty Miller said. “My concern is that the fixing of that road becomes a lag behind the development. And so then we’re dealing with a couple years of a road that for most residents becomes something that they avoid because of that.”
Miller was not disabused of his concerns. That’s how it works in Florida: build and congest first. Fix later. All developers pay transportation impact fees, which defray the cost of road widening, but the most recent developers may be responsible for larger shares.
Flagler Landing’s 39 acres has commercial frontage and a larger portion zoned for multi-family residences, or apartments. The plan, Livingston said, is to rezone the entire property to commercial, with a big-box retail center in the back, and several smaller businesses along State Road 100. Basically, the same model as the B.J. Wholesale Club development, but it obviously won’t be another wholesale club. By the time the development submits a site plan, showing what will be built and what impact that will have on State Road 100, the numbers will be crunched to determine what portion of road improvements the developer must pay for, and what portion the city will bear. “That’s handled through some kind of a binding agreement, if we get to that stage, but the first step is the annexation,” Livingston said.
“This goes back to the general concept of what development does and how it doesn’t account for the infrastructure and the traffic and all that it actually causes,” Council member Theresa Pontieri said. All the developments that have helped build up traffic, but not tripped the point where congestion cripples the road, are off the hook. But the business that comes after them, whose traffic does trip that point, is responsible for paying for a bigger road, or for turning lanes, or for any of those improvements that would lessen congestion. “It’s not our fault the system is flawed, but the system is inherently flawed,” Pontieri said, “and unfortunately, you guys kind of get the short end of the stick because you were the last guys to come in. That being said, and I only say that to kind of put that on the council’s radar, that is the reality of what we deal with when we approve all of these projects, over and over and over.”
Pontieri was especially concerned about the annexation application bearing the multi-family component, even as Livingston assured her that the intention is to get it converted to all-commercial. But nothing forces the developer to enact that conversion and forego the entitlement to 255 apartment units.
But a new airport land use ordinance wending its way through county government would forbid any residential construction in the acreage Livingston and Pontieri are talking about. It would do so at a substantial cost to local governments: if the land were zoned for residential, and if a landowner wanted to use that land for residential construction, the governments would have to pay compensation for the pre-emption. (See the map showing where residential construction around the airport would be forbidden, or the image below.)
“So I’m nervous about bringing in even more residential that borders the airport in causing potentially even more exposure for the city,” Pontieri said.
Livingston did not reassure her. “If we did get a great offer from somebody, whether we were in the county or the city, then that’s the current zoning,” he said. “As long as we don’t go beyond 255 units in the multi-family, that would be permitted.” Meanwhile, he added in a lawyerly mouthful, “I can, without a doubt, give you my word that our plan is to go to commercial. But as far as what that commitment means legally, that’s just my word. But that is the plan.”
Pontieri wanted to table the matter until early March. That made Ray Tyner, the city’s planning director, nervous. He suggested approving the annexation ordinance on first read today, but not vote on the second read until Livingston will have filed the rezoning application and run it through the planning board and the council for a first reading. That means the second reading of the annexation ordinance would be delayed until it can be adopted concurrently with the rezoning.
That’s what the council ended up doing, with Pontieri in dissent. The future land use map amendment–a change to the city’s comprehensive plan–and the zoning amendment applications will follow the annexation’s first reading, first going before the planning board. The council could not adopt the first reading contingent on fulfilling all those steps, at least not officially. But it did so, with an informal request to Tyner and Livingston to get all those steps done. The second read of the annexation would likely not be done for six weeks.
It isn’t yet clear–or public–what stores are eying the new commercial development. “Every time I talk to them, it’s going to be a bog box back there,” said Jay Gardner, who owns the property under the corporate name of Flagler Pines. (Gardner is the Flagler County property appraiser. Flagler Pines sold the lands to the east and west of the proposed development for Airport Commons and BJ’s.)
As for traffic concerns, the site plan calls for a frontage road that will traverse all three commercial developments, from Airport Commons to Flagler Landing to the BJ’s Wholesale shopping center, thus relieving traffic on 100, Livingston said.
Don’t bet on the six-laning of State Road 100 any time soon. “The six-landing of 100 has been discussed and planned for my entire career,” Livingston said. “Even the early aughts, when the boom was happening, they were discussing eventually six-landing 100.”
justbob says
And The Big box store it is??
Jay tomm says
Likely walmart….oh joy
Keep Flagler Beautiful says
Good! At last there are commissioners making responsible decisions not to allow every square inch of Palm Coast to be ruined with prison-style apartment buildings (vicinity of beach Publix) or monster housing developments that create future flood plains. The traffic at I-95 & 100 (Moody) is already maxed out. Thank you, commissioners, for questioning the things developers try their best to slip in.
Stephen says
What is traffic going to be like when they open the low income housing being built near Royal Palm and I95?
Just Saying says
I kinda think paving over 39 acres for commercial development also creates future flood plains. And hasn’t everyone noticed the additional traffic congestion on 100 since BJ’s was developed?
Keep Flagler Beautiful says
No doubt about it, but a 255-unit apartment building would bring with it not only the removal of countless trees whose roots aid in flood mitigation, but also many other concerns, e.g., water and sewer usage from approximately 310 toilets, 255 dishwashers, 255 clothes washers, hundreds of sinks, tubs and showers; not to mention the pollution and traffic congestion caused by approximately 310 vehicles in an already overly-dense area. It just seems that nothing is ever viewed with a long lens when it comes to development in this county. Just chop down trees and plop another strip mall or apartment building or high-density housing development in its place. That tacky Margaritaville hotel in Flagler Beach, which looks nothing like the sleek architect’s rendering that FB commissioners fell for, is unforgivable. It has changed the town and the area’s atmosphere forever.
Joe says
Thank road will become unbearable with more development! When is enough enough!
jaceyj says
100 should be made a six laner, just like Palm Coast Parkway was. When we moved here in 2014, PCP was a 4 laner, and traffic congestion was terrible. It took a couple of years but PCP had massive traffic relief once 3 lanes on each side was created (then there was the extra number of years it took to redo Old Kings and PCP!). Turn lanes along 100 onto Seminole Woods and businesses will be needed too. If PC wants more business and residents it needs to be traffic friendly, and also install sidewalks everywhere.
Cindy says
“Promenade Breaks Ground at Town Center’s 1st Mix of 200 Apartments and Array of Shops After 20-Year Wait” This article was posted on Flaglerlive in July, 2024.
This is in addition to the big box store in the same area. So add this array of shops and possible apartments because yes it will happen. If the city is considering this addition somehow someway the apartments will go up. The developers will all the time.
Greg says
I can’t believe what I’m reading here! The city is actually now worried about out the traffic issues they created. Wow, just hard to believe what I’m reading. What the hell, just build until the traffic can’t move on 100.
Scottie v says
NEWS FLASH!!! NOTHIG will change,it can’t ,too much money to be made.More this more that just keeps on rolling,it’s like an out of control train and will need to be derailed but the result will be a big crash and that can’t happen so this will continue. The city planners say it’s ok brings in revenue,big bold ideas,and they can’t even synchronize the traffic lights.We are all gona pay in the end
Endless dark money says
News flash the earth is rapidly dying, democracy is dead and the billionaires are cutting all programs for the non billionaires. Either stand up and fight the Nazis or bend over!
Hunter says
Shame its not a Costco they at least pay their workers well and have excellent benefits.
Larry says
How do you know it’s not a Costco?
Pogo says
@27 years of uninterrupted Republican Party rule in Florida
Suck on that.
Ed Danko, former Vice-Mayor, PC says
“Tax & Spend Theresa“ yaps all the time about how she wants more commercial businesses to expand the tax base, but yet she votes against commercial development. Her anti-business word salads give Kamala Harris a run for her money and discourage commercial investments.
FlaglerLive says
The comment mis-characterizes the vote. As the reporting above makes clear, Pontieri’s vote was not in opposition to commercial development, which she explicitly said she supports, but to the risk of including a potential multi-family zoning designation in the annexed parcel, which she opposes. The council member favor an all-commercial zoning designation.
Keep Flagler Beautiful says
What a laughable comment. Another bitter Democrat has weighed in with their very special genius. Democrats are the biggest money-grubbers on earth, but that’s not what’s going here. This is about developers, the attorneys they use, and the field of mostly poor candidates, of any party affiliation, that turn up with regularity in our local elections. When it comes to “sucking,” Democrats win the blue ribbon every time.
celia pugliese says
The whole council should have voted with Councilwoman Pontieri NO. As what is not in writting does not stick. Hope Mayor won’t have to regret his vote of confidence reassuring the resident opposing annexation given our failing utilities, that will only be commercial use. Look what happened with the promises of a hotel or a retail strip that became instead a new Wawa gas station of 3 in one busy congested PC Parkway block.
celia pugliese says
I hope Mayor is right with his belief that developer will only go commercial as as soon annexed they can embrace the new Tallaassee “Live Local” Law , https://www.mywaltonfl.gov/1472/Live-Local-Act and someone will get egg faced. But wont be cleaver councilwoman Pontieri!
He sux says
Ed Danko is a …. As a person who went to most meetings I am confident he never read a packet, voted how he was told to vote by his campaign donors and honestly, was the poorest representation of the Republican Party since Nixon. If you knew him personally, which I do, you would know his personal life is an absolute travesty as well. He should just move along, take his bottle of booze and number five with him. IMO of course. Did he ever vote on residential development? In fact, I recall him turning a very large commercial piece of property into residential. He did more harm than good.
He sux says
Ed approved a shit ton of growth with the developers in his pockets, didn’t want to pay for any of it, and left current council holding the bag. He’s a liar on his best day and a thief of the residents quality of life on his worst.
Doug says
I’m already traveling north on A1A to SR 206 to avoid SR 100 and Palm Coast Parkway. More peaceful than dealing with the congestion and idiots who can’t drive.
Mark Webb says
Ed, you and your fellow republican council members own our water/sewer issues.
Mayor Mike said that last week.
They left this mess for us to clean up!
Thanks!
Callmeishmael says
Hey, Eddy “That’s what we do, grow” Danko, it’s because you blanket approved every development application during your term (which you consistently proved you didn’t read) without considering the stress placed on our infrastructure, and your absolute refusal to increase revenues for the city, whether through fees or higher taxes, that the current council is in the predicament it’s in.
So just STFU, go back to your red hat flag-waving cocktail parties and let the current council try to fix your mess. I’ll be glad to provide you a recipe for an antifreeze aperitif.
Atwp says
KFB, look like the Republicans are winning the s game. They are not perfect, but loud mouth stealing liars.
Kristi Carver says
I didn’t know about low income housing being built in the Royal Palm area? More crime. That’s just what PC doesn’t need.
As far as all of this new development being built, haven’t we lost enough trees?!?! That will definitely affect our ecosystem, but no one seems to care.
I loved living in PC in 2007 when I moved here. Trees everywhere, plenty of deer and other wildlife. It was peaceful and much quieter. Our water was good. It didn’t smell metallic when I turned any of my faucets on. My water bill was $60 then too. Now we pay $140 per month for smelly, undrinkable water. Our friends in Port Orange pay $70 a month for clean water. Imagine that? My husband wants to move and I’ve been holding back. Hearing about more building, which will lead to more accidents on the roads, plus fatalities, I think moving is something I’m going to think seriously about.
Cindy says
I just re read the article. The key words “Leery” and “Informal”.
This statement right here is the statement we all should be concerned about:
“Livingston did not reassure her. “If we did get a great offer from somebody, whether we were in the county or the city, then that’s the current zoning,” he said. “As long as we don’t go beyond 255 units in the multi-family, that would be permitted.” Meanwhile, he added in a lawyerly mouthful, “I can, without a doubt, give you my word that our plan is to go to commercial. But as far as what that commitment means legally, that’s just my word. But that is the plan.”
Click Orlando 6
Laurel says
When we first came here, really, not that long ago, 100 was a two lane road, and there was lots and lots of greenery, and lots and lots of wildlife. Just a couple years ago, we used to see a lot of trout under the light, in the ICW. We caught trout, whiting, red fish and sheepshead. The Publix shopping center, in Palm Coast, nka “Island Walk” (what island?) had lots of lovely live oaks to park under. People smiled at us and said hello when they passed by. The Hammock had a lot of locals who mostly knew each other, and watched out for each other. We had a Post Office where we didn’t have to stand in line. A1A was 55 mph, and there was very little traffic. We ate great breakfasts at Peggy’s Place. Pretty nice, huh?
Now, anywhere in Palm Coast, we drive from red light to red light to red light. Highway 100 is congested to the gills. Wildlife is barely existent. Live oaks keep coming down. We haven’t seen any trout in ages. The Post Office is gone. A1A is 35 mph (Flagler Beach is a 24/7/365 school zone). No one smiles, they’re all strangers clogging the roads, backing up the Dunes bridge, causing prices to rise, and renting vacation “homes” in single family neighborhoods. PC is flooding, the ICW stays dark brown most of the time, and the quality of life is running through failing pep tanks. Peggy’s Place is gone, and is replaced with restaurants that sue taxpayers at the drop of a hat, while causing dangerous street parking nightmares (17th Road is an unbelievable parking lot, blocking the A1A stop sign, dropping people off in the middle of the road, and trying to do three point turns in the middle of the road. No road rule enforcement). Utility prices are going through the roof, while service is not.
The planning here has been horrid. All I have written here has changed in just a few, short years…not decades. Now, it’s should we pave everything over for another box store, or pave everything over for apartments?
So, why is it all developers need lawyers?
Jane Gentile Youd says
As always Celia Pugliese gets it right.
Nothing ‘verbal but not written and signed is unenforceable.
Shame on the Palm Coast Council ( except Vice Mayor) should be ashamed of themselves for voting as they did without a caveat commercial in perpetuity.
Billy says
I am so glad that I purchased my house way north of Palm Coast Parkway 25 years ago , anything south and including Palm Coast Parkway sucks with lights and traffic. I have easy access to US One and North out of this losing city caused by idiot planners and politicians that were not born here
Bill says
I am so glad that I purchased my house way north of Palm Coast Parkway 25 years ago , anything south and including Palm Coast Parkway sucks with lights and traffic. I have easy access to US One and North out of this losing city caused by idiot planners and politicians that were not born here