Why can't the city just say no to huge developments? Mayor David Alfin responds

Palm Coast Observer
Opinion

A recent question from a resident, followed by Mayor David Alfin's response:

“Why can’t the City Community Development Department just say no to all these builders who come here to build huge new developments? Or why can’t we have them just scaled back so they have to build fewer homes, apartments or townhomes?”

Many of us who moved to Palm Coast purchased property to build our own special places to live. We were each entitled to purchase our property, zoned for the specific use of possibly a home, duplex or townhome. The same regulations apply to large-scale developers. They can procure a property of their choice and build what they want, as long as they adhere to the correct zoning.

Anyone who builds in Palm Coast must follow the same regulations and procedures set forth by our city. One important factor you should know is that Palm Coast’s Land Development Code determines specific regulations that govern how a land use can be developed. Guidelines such as setbacks, landscape buffers, utility and stormwater requirements and architectural standards must be applied. Our LDC determines the maximum sizes, heights, etc. for each property, based on its zoning classification.

Developers must demonstrate through their site plan application that they are following our regulations. These applications are reviewed by both City community development specialists and an appointed Board. Their plans will not be approved unless all Land Development Code requirements have been achieved. Additionally, it might be helpful to understand the state of Florida’s Bert Harris Private Property Rights Protection Act. It states that “when a specific action of a governmental entity has burdened an existing use of real property, the property owner is entitled to compensation for the actual loss to the fair market value of the real property caused by the action of the government.”

It provides property owners protection against any government regulation that affects their ability to attain the reasonable investment expectations for the existing use of their property. There’s plenty of legal jargon to comprehend here. Litigation and parameters will always be components of property rights that both governments and developers in Florida must consider during the building process.

The bottom line is this: The City of Palm Coast cannot and would not inform developers if they can purchase property here or which property they can choose to acquire. We can direct them to follow our Land Development Code that specifically regulates what and how they plan to construct. Structures in Palm Coast are never constructed indiscriminately.

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