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Independent Reporting · Palm Coast, Florida
Palm Coast City Council

Business Meeting — Tuesday, December 19, 2023

Processed 2026-07-02
Source Documents
Agenda PDF Approved Minutes PDF
Obtained by records request

The City's posted agenda for this meeting held cover memos only. These attachments were released by public records request: requested Oct 12, 2026, delivered Oct 19, 2026.

Item F.3: Request for Rehearing, Cascades (55–57)
Agenda
A
Call To Order
B
Pledge Of Allegiance To The Flag And A Moment Of Silence
D
Public Participation
E
Minutes
E.1
Minutes Of The City Council:

The council approved the minutes of the December 5, 2023 Business Meeting and the December 12, 2023 Workshop Meeting.

Both were approved by voice vote.

F
Proclamations And Presentations
F.2
Proclamation - December 19, 2023, As World Polio Day In Palm Coast
F.3
Presentation - Request For Rehearing On Cascades Zoning

Deputy Chief Development Officer Ray Tyner opened the request: applicant attorney Michael Chiumento, as authorized agent for JTL Grand Landing, had filed a timely motion under LDC section 2.16 to rehear the council's Nov 7, 2023 Cascades FLUM decision.

Chiumento argued the ordinance had no authority to change the land-use designation of JTL's 44.3-acre "hook parcel" because the owner never gave authorization, said "this is not the actual rehearing," and asked to return to second reading in January.

Mayor Alfin passed the gavel to Vice Mayor Danko and moved to rehear the original application at the earliest possible date; Council Member Klufas seconded.

Council Member Pontieri opposed, arguing the council had not overlooked or misapprehended any facts or law as section 2.16(D) requires, citing maps showing the hook in the proposed FLUM, a June 2023 email chain in which Jeff Douglas told staff JTL wanted the parcel included, and the JTL owner's signed certification, and warning of a slippery slope.

Klufas said refusing a rehearing would likely trigger a lawsuit.

The motion passed 3-1 on a roll call (Council Member Heighter absent).

Vote: 3-1 (motion Alfin, second Klufas; Alfin, Klufas, Danko yes; Pontieri no; Heighter absent)
Cascades Grand Landings Chiumento rehearing
G
Ordinances First Read
G.4
Ordinance 2024-xx An Amendment To The Future Land Use Map For 6+/- Zoning

Staff presented Ordinance 2024-XX, a Future Land Use Map amendment for approximately six acres at the intersection of Belle Terre Boulevard and US 1 from Greenbelt to Mixed Use, with a site-specific policy capping non-residential development at 30,000 square feet.

The remaining five acres of the parcel will be rezoned to Preservation as a buffer.

The PLDRB recommended approval 6-0.

Council approved the first reading unanimously.

Vote: 4-0 (Danko yes, Klufas yes, Pontieri yes, Alfin yes)
G.5
Ordinance 2024-xx Belle Terre & Us 1 Rezoning - Application No. 5500 Zoning

As the companion item to G.4, Ordinance 2024-XX rezones 11+/- acres at Belle Terre Boulevard and US 1 (Application No.

5500) from Suburban Estates (EST-1) to General Commercial (COM-2) for approximately six acres and Preservation (PRS) for approximately five acres.

The PLDRB recommended approval 6-0.

Council approved the first reading unanimously after confirming no ex parte communications.

Vote: 4-0 (Danko yes, Klufas yes, Pontieri yes, Alfin yes)
G.6
Ordinance 2024-xx Renaming Richenbacker Drive To Rickenbacker Drive In

Ordinance 2024-XX to rename Richenbacker Drive (as spelled on the plat) to Rickenbacker Drive (the name in use for over 20 years by the city, county entities, residents, and USPS) was presented as a cleanup item requested by E-911.

No residents would experience address changes.

The ordinance passed unanimously on first reading.

Vote: 4-0 (unanimous voice vote)
H
Resolutions
I
Consent
I.18
Resolution 2023-xx Approving The Purchase Of Freshwater Mitigation

Resolution 2023-XX approving purchase of freshwater mitigation credits from Brick Road Mitigation Holdings, LLC, related to the Matanzas Woods Roadway Extension Project was included in the consent agenda and approved as part of the omnibus consent vote.

Vote: 4-0 (unanimous)
I.19
Resolution 2023-xx Approving A Work Order With Mckim & Creed, Inc., For

Resolution 2023-XX approving a work order with McKim & Creed, Inc., for engineering design and construction services for the Citation Blvd Reclaimed Watermain Extension, Street Lighting and Pathway was included in the consent agenda and approved.

Vote: 4-0 (unanimous)
I.20
Resolution 2023-xx Approving A Master Services Agreement With Pbm

Resolution 2023-XX approving a Master Services Agreement with PBM Constructors, Inc., for upgrades of two aging pump stations was included in the consent agenda and approved.

Vote: 4-0 (unanimous)
I.21
Resolution 2023-xx Approving The Annual Affordable Housing 2023

Resolution 2023-XX approving the Annual Affordable Housing 2023 Report of Recommendations from the Affordable Housing Advisory Committee (AHAC) was included in the consent agenda.

Council Member Pontieri noted that approval of the report does not authorize any of the specific incentives listed, such as density bonuses, which would require a separate ordinance.

The resolution was approved as part of the consent agenda.

Vote: 4-0 (unanimous)
I.22
Resolution 2023-xx Approval Of The Cdbg Consolidated Annual

Resolution 2023-XX approving the CDBG Consolidated Annual Performance and Evaluation Report for program year October 1, 2022 through September 30, 2023 was included in the consent agenda and approved.

Vote: 4-0 (unanimous)
I.23
Resolution 2023-xx Amending The Mayor And City Council Meeting

Resolution 2023-XX amending the Mayor and City Council Meeting Policies and Procedures was discussed prior to the consent vote.

Vice Mayor Danko raised concern that the draft included a 30-minute cap on total public comment time for workshops and business meetings, which he said was not what was agreed upon.

All four council members present reached consensus to remove the 30-minute total time cap (sections 5C and 5C.3), retaining only the individual three-minute speaker limit.

The resolution as amended was approved in the omnibus consent vote.

Vote: 4-0 (unanimous)
J
Public Participation
K
Discussion By City Council Of Matters Not On The Agenda
L
Discussion By City Attorney Of Matters Not On The Agenda
M
Discussion By City Manager Of Matters Not On The Agenda
M.24
Reporting Of Emergency & Sole Source Purchases For November 2023

The Reporting of Emergency & Sole Source Purchases for November 2023 was included in the agenda packet.

The City Manager noted it and council had no questions.

N
Adjournment
N.25
Agenda Worksheet And Calendar
Advisory Notes
— (context, F.3) The Cascades rehearing request involves the JTL Grand Landings 'hook parcel' (approximately 44.3 acres) and questions of whether its owner authorized inclusion in a prior future land use map amendment. Email records from June 2023 presented by Council Member Pontieri show conflicting communications between the authorized agent (Schiumento), property representatives (Jeff Douglas), and city staff (Dan Welch) about whether the hook parcel was to be included, with the owner David West having signed a certification stating the application was correct. The council voted 3-1 to rehear the matter in January.
— (public_comment, H) The Old Kings Road Multi-Family Master Site Plan (Application 5447) for 216 units drew the largest public turnout of the meeting, with approximately 20 speakers from the Hidden Lakes and Tuscana communities opposing the project. Recurring subjects included: Old Kings Road traffic congestion and safety (including reference to a recent fatality on the road), emergency vehicle access gridlock experienced on Halloween 2023 when I-95 was closed, adequacy of notice sent to HOA management companies versus current community representatives, the road's designation as a State Scenic Byway, and the appropriateness of high-density rental apartments adjacent to single-family communities. A speaker also raised a conflict-of-interest allegation regarding a named planning board member's prior property transaction involving the subject land. Staff clarified that notice was sent per code to property appraiser addresses of owners within 300 feet, and that Hidden Lakes HOA was not within the legally required notification radius.
— (public_comment, D) Multiple public speakers raised the subject of new residential construction on infill lots being built at elevated grades that allegedly causes stormwater runoff onto adjacent lower-lying pre-existing homes. Speakers requested a moratorium on permits for elevated construction and cited city code prohibiting runoff into neighboring yards. This is a recurring subject before the council; the city manager later confirmed an active case-load review process with 133 cases and a planned February workshop update.
— (public_comment, J) A speaker raised ongoing opposition to a proposed 5G wireless tower at 7 Clubhouse Drive, stating it is located approximately 80 feet from a retirement home, that the site is nonconforming in size, that it is not in the city's master wireless plan, and that its height would be twice that of nearby trees. The speaker requested the application be rescinded or at minimum relocated to the Linear Park area where no homes are nearby. This subject was also raised during opening public comment by a different speaker.
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Heard before · Item F.3 · Dec 19, 2023

Presentation - Request For Rehearing On Cascades


History of this matter

Aug 1, 2023 · City Council · Item I.7 · first reading — Annexation of about 330.8 acres (application 5108) passed first reading 5-0, motion by Council Member Klufas, second by Vice Mayor Danko (approved minutes p. 9). The minutes (p. 8) record Council Member Pontieri asking for clarification of the utility-service requirement. No unit count was discussed.

Aug 15, 2023 · City Council · Item G.3 · second reading — Adopted on second reading as Ordinance 2023-10, 5-0 roll call, motion by Council Member Klufas, second by Vice Mayor Danko (approved minutes p. 4-5; captions 1:01:17-1:01:29). No changes since first reading; no unit count was discussed.

Aug 16, 2023 · Planning board · Item D.2 and D.3 · recommendation — PLDRB recommended approval of both. FLUM amendment (application #5109, with a site-specific policy limiting development to 850 dwelling units): 4-1, motion by Board Member Gross, second by Board Member Dodson-Lucas, Vice Chair Shank no. Rezoning (application #5107, about 375 acres to SFR-1, MFR-2 and PRS): 5-0, same mover and seconder (minutes). No video of this meeting has been found; the minutes are the only record.

Sep 19, 2023 · City Council · Item I.8 and I.9 · first reading — Heard together. FLUM (App. 5109, 850-unit cap) passed first reading 4-1, motion Vice Mayor Danko, second Council Member Klufas; rezoning (App. 5107) passed 4-1, motion Klufas, second Danko. Council Member Pontieri voted no on each (approved minutes p. 9; motions named by the chair on video 02:54:00 and 02:55:38).

Nov 7, 2023 · City Council · Item H.11 and H.12 · second reading — The land-use change was adopted as Ordinance 2023-15 with the cap set at the original 416 units, 3-1 (Vice Mayor Danko no; Council Member Klufas absent), on a motion by Council Member Pontieri seconded by Council Member Heighter (video 03:32:30, roll call 03:33:24-03:33:38). An earlier Pontieri motion to deny died 2-2, and Danko motions to approve at 750 units and to continue drew no vote. The rezoning was adopted as Ordinance 2023-16 with all MFR-2 changed to SFR-1, 4-0, motion Danko, second Pontieri (approved minutes pp. 10-12).

Nov 15, 2023 · Planning board · Item D.3 · recommendation — PLDRB approved the Cascades at Grand Landing subdivision master plan (App. 5478; 386 single-family lots on 180.47 acres, the first two phases) 7-0, motion Board Member Hilton, second Board Member Dodson-Lucas, on condition the site plan reflect the zoning council adopted Nov 7, 2023. No video; approved minutes only.

Dec 19, 2023 · City Council · Item F.3 · this meeting

Jan 2, 2024 · City Council · Item F.4 · rehearing — Rehearing of the land-use change (granted Dec 19). After a motion to postpone to Jan 16 (Danko/Klufas) failed 3-2, a motion by Council Member Pontieri, seconded by Council Member Heighter, to deny the request and revert to the Nov 7, 2023 decision failed 4-1 (only Pontieri yes; Heighter voted no and afterward said she had not heard the motion properly; no revote). Council Member Klufas's amended motion, seconded by Pontieri, to remove the JTL "hook" parcel and keep the plan amendment with the site-specific 416-unit limit then passed 5-0 (video roll call 05:19:39-05:19:47; minutes pp. 12-13). The applicant had asked to remove the hook and approve 850 units. The adopted Ordinance 2024-01 (8 pp., signed, marked readopted Jan 2, 2024; obtained by records request) limits the Cascades Planning Area to 416 dwelling units on about 330.8 acres and recites the “deletion of a 44.5+/- acre parcel under separate ownership” (p. 2 of 8).

Feb 4, 2025 · City Council · Item L · Bert Harris response — Response to the developer's Bert Harris Act claim (filed Nov 6, 2024). City Attorney Duffy gave two options: uphold Ordinance 2024-01, or offer more density (an additional 219 single-family units, per the captions). Motion by Vice Mayor Pontieri, seconded by Council Member Stevens, to respond no and keep the ordinance as-is (minutes p. 12); passed 5-0 on a roll call (captions 3:31:01-3:31:14; the minutes record no tally for this motion).

Related: Seminole Trace (formerly Cascades) — 416 to 743 homes on 331 acres — Oct 6, 2026 record →

Previous deliberations

August 1, 2023 · Business · Item I.7 (first reading)

Discussion starts at 02:23:47, ends about 02:36:40. Click the frame to watch.

Council heard the first reading of an ordinance annexing about 330.8 acres south of Flagler County Airport for the Cascades (application 5108), requested by Byrndog PCP, LLC.

Senior Planner Phong Nguyen said the land meets the statutory tests for voluntary annexation, and that city ordinances and a settlement agreement require land in the city's utility service area to annex before it can receive city utilities.

Council Member Pontieri asked whether annexation is required when utilities are requested and whether the owner could instead pay the outside-city surcharge; staff said the settlement agreement and ordinances do not allow that, and she said "the wiggle room is very small." Resident Celia Pugliese asked about utility capacity and raised flight-school noise near the airport; resident Steve Carr asked what annexation would cost the city, and Ray Tyner said infrastructure is at the developer's cost.

Mayor Alfin got consensus for staff to ask the county about changes in airport use.

The first reading passed on a voice vote.

Vote, per the approved minutes: motion to approve on first reading — Passed 5-0 (Alfin, Danko, Klufas, Pontieri, Heighter) Moved by Klufas, seconded by Danko.

Vote, per our caption record: 5-0 (motion Klufas, second Danko; Alfin, Danko, Klufas, Pontieri, Heighter yes)

That meeting's full record →

August 15, 2023 · Business · Item G.3 (second reading)

Discussion starts at 00:52:10, ends about 01:01:29. Click the frame to watch.

The voluntary annexation of approximately 330.8 acres south of Flagler County Airport (the Cascades parcel, application 5108) received its second reading.

Staff confirmed it meets statutory contiguity and compactness requirements.

Three residents spoke: Bob Meyer and Jan Manella asked about the 44 acres in Grand Landings (staff said the 44-45-acre "hook piece" was annexed earlier and will come back with a future FLUM amendment and rezoning), and Dennis McDonald raised airport noise.

Council briefly discussed commissioning a noise study for the airport and noted airport representatives will present to council in October.

The ordinance passed 5-0 on a roll call, on a motion by Klufas and a second by Danko.

Vote, per the approved minutes: motion to be adopted on second reading — Passed 5-0 (Alfin, Danko, Klufas, Pontieri, Heighter) Moved by Klufas, seconded by Danko.

Vote, per our caption record: 5-0 (motion Klufas, second Danko; Danko, Heighter, Klufas, Pontieri, Alfin yes)

That meeting's full record →

September 19, 2023 · Business · Item I.8 and I.9 (first reading)

Discussion starts at 01:43:28, ends about 02:54:21. Click the frame to watch.

First reading of an ordinance amending the Future Land Use Map for the 375+/- acre Cascades planning area (Application No.

5109) from Flagler County designations of Residential Low Density/Rural Estate and Conservation to City of Palm Coast designations of Residential and Conservation, with a site-specific policy capping development at 850 dwelling units.

Staff reported the planning board recommended approval 4-1 in August.

Council Member Pontieri voted against, citing concerns about doubling density, infrastructure strain, quality-of-life impacts on existing residents, and the pattern of annexing county land and then increasing density.

Vote, per the approved minutes: motion to approve — Passed 4-1 — yes: Alfin, Danko, Klufas, Heighter; no: Pontieri Moved by Danko, seconded by Klufas.

Vote, per our caption record: Approved 4-1 on first reading (motion Danko, second Klufas; Alfin, Danko, Klufas, Heighter yes; Pontieri no)

That meeting's full record →

November 7, 2023 · Business · Item H.11 and H.12 (second reading)

Discussion starts at 01:57:27, ends about 03:33:41. Click the frame to watch.

Second read of the FLUM amendment for the Cascades at Grand Landing, a 375+/- acre area.

Staff presented a summary of the state review (no objections received).

Council Member Pontieri asked detailed questions about traffic studies, infrastructure strain calculations, compatibility standards, and the developer's last-minute concession letter.

The application drew extensive public opposition from Seminole Woods residents.

A motion by Council Member Pontieri to deny, seconded by Council Member Heighter, "died for a lack of a majority" (the approved minutes, p.

10).

In the video roll call (03:28:18 to 03:28:30) Vice Mayor Danko and Council Member Heighter answered no and Council Member Pontieri and Mayor Alfin yes; confusion over what a yes vote meant followed, and the vote was not retaken.

A motion to approve with the unit cap reduced from 850 to the original 416 dwelling units (Pontieri/Heighter) passed 3-1, with Vice Mayor Danko voting no.

Vote, per the approved minutes: motion to be adopted as amended on second reading — Passed 3-1 — yes: Alfin, Pontieri, Heighter; no: Danko Moved by Pontieri, seconded by Heighter.

Vote, per our caption record: Approved 3-1 with the cap at 416 units (motion Pontieri, second Heighter; Heighter, Pontieri, Alfin yes; Danko no). Earlier: a deny motion died for lack of a majority; a 750-unit motion by Danko and a motion to continue drew no vote.

That meeting's full record →


Sources: the Dec 19, 2023 agenda packet (page numbers link to the page), and PalmCoastStorylines meeting records for August 1, 2023; August 15, 2023; September 19, 2023; November 7, 2023, built from the city's agenda packets and meeting video. Summaries and votes from those meetings are generated from the captions and are unverified unless marked otherwise; the video is the record. Agenda (cover sheets) →