CATHERINE D. ROBINSON MAYOR JOHN ROGERS VICE-MAYOR DR. ALVIN B. JACKSON, JR. CITYMANAGER COMMISSIONERS: TONYA GORDON TINA-MARIE SCHULTZ PETE YOUNG BUNNELL Crossroads of Flagler County BUNNELL CITY COMMISSION MEETING Monday, December 23, 2024 1769 East Moody Boulevard (GSB), 7:00 PM Chambers Room Bunnell, FL32110 A. Call Meeting to Order and Pledge Allegiance to the Flag Mayor Robinson called the meeting to order at 7:00 PM and led the Pledge to the Roll Call: Mayor Catherine Robinson; Vice Mayor John Rogers; Commissioner Tonya Gordon; Commissioner Tina-Marie Schultz; Commissioner Pete Young (arrived 7:06 PM); City Attorney Paul Waters; City Manager Alvin B. Jackson Jr.; Finance Director Kristi Moss; Community Development Director Joe Parsons; Infrastructure Assistant Director Jason Palmer; Lt. Shane Groth; City Clerk Kristen Flag. Bates; Deputy City Clerk Donnie Wines. Vice Mayor Rogers led the invocation. Invocation for our Military Troops and National Leaders B.I Introductions, Commendations, Proclamations, and Presentations: B.1. Presentation : Capital Improvement Projects City Manager Alvin Jackson asked the various Directors to provide an update on the Capital Projects being completed in the City. Updates were provided for the following projects: New Bunnell Administration Complex; Flagler Central Commerce Parkway; Wastewater Treatment Plant Expansion; Hymon Circle Drainage Project; Design-Build Brackish Water RO; Phase 1 Coquina Hall Restoration; Proposed Reserve at Haw Creek Development. C. Consent Agenda: C.1. Approval of Warrant C.2. Approval of Minutes a. December 23, 2024 Warrants: Fiscal Year 2023/2024 and FY 2024/2025 a. December 9, 2024 City Commission Meeting Minutes Motion: Approve the Consent Agenda Motion by: Commissioner Schultz Second by: Commissioner Gordon Board discussion: None Public discussion: None December 23, 2024 City Commission Meeting Minutes Page 1 of7 Vote: Motion carried unanimously D. Public Comments: Comments regarding items not on the Agenda. Citizens are encouraged to Dean Seacrest (Birdie Way): Asked questions about the proposed Haw Creek development. He stated there is a lot of different information about how many Steve Woodin (N. Railroad St): Spoke about the proposed Haw Creek development. Stated a development like this will change the direction and feel of the city; making Bunnell more like Palm Coast or the Villages. There are other things the City needs to do before it grown, like take care of current roads. Increased traffic is already here, but no measures being taken are changing it. He is selling off his investment speak; however, comments are limited to four (4) minutes. homes may be built and asked for clarification. properties and plans to leave Bunnell. E. Ordinances: (Legislative): E.1. Ordinance 2024-29 Requesting to amend the Official Zoning Map of the City of Bunnell for 5.4+/- acres of land from "ND, Non-Designated" to the "B-1, Motion: Adopt Ordinance 2024-29 Requesting to amend the Official Zoning Map of the City of Bunnell for 5.4+/- acres of land from "ND, Non-Designated" to the "B-1, Business District"- Second Reading City Attorney Waters read the short title into the record. Business District" Second Reading Motion by: Commissioner Gordon Second by: Vice Mayor Rogers Board Comment: None Public Comment: None Vote: Motion carried unanimously. F. Resolutions: (Legislative): None G. Old Business: None H. New Business: LLC. H.1. Appeal of the decision made by the Planning, Zoning and Appeals Board (PZA) regarding Application No. VAR 2024-01 by Northeast Florida Developers, Attorney Waters introduced the item and explained this is an appeal of the November 5th decision made by the Planning, Zoning and Appeals Board (PZA). The options available to the Commission are to reverse, modify, or affirm the decision of the PZA. The applicant requested a reduction in the 60% green space requirement for a PUD development to 50%; it amounts to a 10% reduction in the green space requirement of the Land Development Code for PUD Agreements. Attorney Waters advised this is a quasi-legislative action, and the Board must disclose any ex-parte communications. Each of the commissioners advised they sat ino on a meeting with the developers and the Mayor indicating she had attended other meetings regarding the drafting of some of the documents, meetings with agencies regarding the City's submission for the Future Land Us Map amendment, a meeting with Florida Department of Transportation and has attended PZA meetings. December 23, 2024 City Commission Meeting Minutes Page 2of7 Attorney Waters swore in anyone who plans to speak during the hearing; this Vice Mayor Rogers made a motion to affirm the PZA decision to deny the variance. Commissioner Schultz made a motion to reverse the PZA decision. Seconded by Vice Mayor Rogers stated the PZA is entrusted to do their job. They ruled there was no significant and unfair hardship to the applicant to need the reduction in green Commissioner Young asked for clarification on the motion. Mayor Robinson advised Chad Grim with N.E. Florida Developers, representing the applicant, presented information about the November PZA hearing. They were not able to make a presentation about the project. When public comment was allowed, they were not able to answer or clarify the public's misinformation or comments. He stated the developer will be building the infrastructure for the project, such as the roads, water, sewer and providing parks and land for emergency services such as law enforcement and fire, and correcting the roads and stormwater in and around the project area. The properties around the project will benefit from the improvements to be made to the existing roads and the stormwater around the project area. Commissioner Schultz stated she felt the PZA did not do their job in this instance; she educated herself on the project by looking at minutes and conversations with staff and the developers. The applicant should have been able to present their side Vice Mayor Rogers stated the PZA knew what they were talking about. He asked who the attorney for the PZA was, and Attorney Waters raised his hand. Vice Mayor Rogers asked if the PZA knew what they were talking about. Attorney Waters indicated they had all of the materials. Vice Mayor Rogers does not believe the applicant met the statutory requirements for getting the variance. Commissioner Young stated there is a lot of green space on the map; a lot more than what Palm Coast would require. He does not feel the development and why the 10% reduction in green was needed was explained to the PZA the way it was explained to him. Asked if the item could be sent back to the PZA? Then asked if we are violating some law by changing the green space from 60% to 50%. Attorney Waters indicated no laws would be broken if a variance was granted. Chad Grimm with N.E. Florida Developers explained the different shading on the map. Indicating the darker green is the wetlands that will be preserved. The circles within each neighborhood area show the green space ratio or percentage per pod or neighborhood that will be provided and the percentage of the neighborhood that included members of the public, the developer and staff. Motion died for lack of second. Commissioner Gordon. space. the motion is to reverse the decision of the PZA. of the case during the PZA hearing. must be for parks. December 23, 2024 City Commission Meeting Minutes Page 3of7 Vice Mayor Rogers stated he feels we are not creating a hardship in denying this; our responsibility is to ensure this project meets the community's needs. The City Commissioner Schultz stated the developers have done their due diligence. With the size of the project and based on the allowed density from Code, they could be allowed to build 12,000 homes; however, they are only proposing 6,000 to 8,000 homes. They are not trying to create urban sprawl as accused, but a well-planned, well-designed project with multiple parks and connect trails. She believes the developer has done a really good job in the overall design of the project. Commissioner Young stated he would prefer an Amazon or other distribution center to come in and build us a water plant, sewer plants, and garbage truck, but that is not the case. Palm Coast has 18 developments going up, we are only looking at one. Every question he had of the developer has been answered. Commissioner Gordon stated this would help increase the tax base and help improve the road system in the County and the flooding experienced in the area. Commissioner Young spoke to an incident in the past when FDOT wanted to 4 lane State Road 100 through the City, but the City didn't want the expansion. The change in the road was opposed and never happened; now there is a bottle neck in the City on that portion of State Road 100. The City created that traffic issue by not allowing the expansion of State Road 100 from US 1 to the Government Services Building. The City did not want chain restaurants in the City and only wanted ma and pa restaurants. We need business. Our kids are graduating and leaving the Vice Mayor Rogers stated Grand Reserve was supposed to assist with expanding the tax base, and yet it is not contributing to tax base to help pay City expenses such as road improvements, increases in insurance, or any of the rising costs the City Commissioner Gordon stated traffic passes through Bunnell; they are not stopping in Bunnell and spending their money in Bunnell. The City needs growth to bring the Commissioner Schultz stated if we don't look at new revenue, the only other option is to raise taxes astronomically. She asked the City Manager what percentage of properties do not pay taxes in Bunnell. City Manager Jackson indicated he did not have the specific number but estimated that with all the exemptions granted to properties within Bunnell maybe about 60% of parcels do not pay taxes to Bunnell. Steve Sparkman (Eight Ave, Bunnell): Questioned allowing 12,000 homes in this area; he has walked probably 80% of the property, and there is no way to put that many homes in that area. He stated the applicant did have due process in their hearing with the PZA. If the City can afford to use impact fees to help with a new has been very accommodating to the developer. area because there are no jobs or homes for them. experiences. Traffic is always going to be an issue. businesses to Bunnell too. Public Comment: road, they can use the funds to do other things in the City. December 23, 2024 City Commission Meeting Minutes Page 4of7 Robin Jones (2271 County Rd 304, Unincorporated Flager County): As a taxpayer in the City, she wants to know how many more schools will be built; with 8,000 homes we will need to build more schools. Steve Woodin (N. Railroad St, Bunnell): Attorney Waters swore Mr. Woodin in as he was not sworn in at the start of this matter. Mr. Woodin stated he personally understands budgets. The City states they have no money for roads, potholes, etc. but they get gas tax and sales tax revenue that could be used. He understands the City needs vehicles, but do they have to be $70,000 trucks? What about the $10 million City. Hall? We had a City Hall that was infested with mold, but the old building is being used now. He would not be opposed to this development if it was 1/3 the Susie Worley (1860 Black Point Rd, Unincorporated Flagler County): the developer is trying to build additional single-family homes to ensure the property will be profitable for them. Witnesses at the PZAI hearing carefully considered and discussed the requirements of Section 34-55 that lists the requirements to grant a variance. The PZA found they failed to satisfy any of these criteria. The Board Tom Eisenbach (59 Birdie Way, Bunnell): at 800+ homes Grand Reserve was supposed to provide the biggest impact on this City. He stated he would like to know how much Grand Reserve residents pay to the City in taxes. At proposed 6000 to 8000 homes, have we looked at long term costs to supporting this Tom Polk (1290 County Rd 65, Unincorporated Flagler County): stated we are talking about a 10% reduction. This development is going to happen. The PZA unanimously denied the applicant and he asks the Commission to follow the same Gail Walton (660 E. Black Point Rd., unincorporated Flagler County): the map shows single family homes around her property, but she says that has not been what has been in other maps. Traffic is also a concern as it will need to use Black Cheryl Trujillo (227 County Rd 302, Unincorporated Flagler County): owns a business on 302. When she bought her property 30 years ago she accused the City that most of them did not live here and further stated they are taking her way of life using the property. Most of this property is knee deep in water and states that if you build all of this the water will go into other homes. She demanded the developer provide her a guarantee she would not be affected by any flooding. Ms. Trujillo then read a statement from someone who lives in "Mondex" and could not attend the meeting. It addressed the section of City code regarding variances and asked about the impact of traffic on State Road 11 and State Road 100. The statement asked which tax dollars would fund the improvements to these roads. This development will destroy large amounts of wetlands and animal habitat. Finally, it is a little confusing the PZA considered this request, and unanimously denied the request. Ifthey made changes based on that denial they should be proposed size. Palm Coast is not going to absorb us. should abide by the same code. development. code. Point Road. She asked the Commission to deny the variance. December 23, 2024 City Commission Meeting Minutes Page 5of7 noted and made available for review and public discussion in a format accessible by Larry Rogers (185 County Rd 65, Bunnell): stated we not hear talking about if this property will be developed or not and that we are simply here to talk about the Land Development Code the City established. To say the applicant was denied due process is preposterous. He reviewed the 4 requirements for allowing a variance, and the staff findings on the proposed agenda item. City staff found the literal enforcement will not result in unnecessary hardship. As a result, there is nothing to Mathew Riden (330 County Rd 80, Unincorporated Flagler County): found it odd when attorney asked about ex-parte communications, Commissioner Young could not remember the name of who he met with, but very explicit on what they talked about in that meeting. Thanked Vice Mayor Rogers for thinking logically. He did not hear Mr. Grimm explain how this 10% would create an undue hardship for the the impacted public. justify overturning the PZA decision. developer and asked the PZA be upheld. Mayor Robinson re-opened Board comment. Commissioner Young asked for clarification that the only thing we are voting on is 60% VS 50% green space. He stated sometimes things come before boards, and we make exceptions as allowed by codes. He further asked if this reduction would Mr. Grimm indicated it will not change the number of homes, buti it will change the type of product built; approving the 10% reduction means more single family homes, but without the reduction more condos or apartments would have to be built to justify the costs the developer needs to pay for all the changes in the infrastructure, including the State roads and the stormwater, in and around the project. change the number of homes proposed? Mayor Robinson stated she wants to make sure everyone has gotten the answers to their questions and are clear about the vote. She restated the motion on the floor is Vice Mayor Rogers asked who made the second. Commissioner Gordon indicted she did. Vice Mayor asked her to withdraw her second. She did not. to reverse the PZA decision. Motion: Reverse the decision of the PZA Board Motion by: Commissioner Schultz Second by: Commissioner Gordon Vote: Failed 2to3 Yea: Commissioner Schultz, Commissioner Gordon Nay: Mayor Robinson, Vice Mayor Rogers, Commissioner Young Following he vote, Mayor Robinson stated this project has been going on for 2 years. This is not a fly by night project and there are meetings that are going on concerning flooding, traffic, etc. to work through the process and the issues of those concerned. The work is being done to make sure that the possible impacts are addressed. December 23, 2024 City Commission Meeting Minutes Page 6 of7 City Attorney Waters asked Vice Mayor Rogers to state on the record why the appeal was denied. Vice Mayor Rogers indicated there is not a hardship created. City Attorney Waters confirmed he was referring to Section 34-55(2). Vice Mayor Rogers said correct. F Reports: City Clerk - went over the upcoming meeting schedule for January. Christmas in Bunnell was successful and it is estimated 1,000 people visited the park. The Employee Door Decoration Contest was held earlier today and the entries and results were shared. Police Chief - None City Attorney - None City Manager = Received a request from the County Administrator to appoint someone from the Board to the NE Florida Regional Council. Mayor suggested that be put off until after the election. Reminder of the City Commissioner Young: Merry Christmas and Happy New Year Commissioner Schultz: Thanked staff for the hard work on Christmas in Bunnell; iti is a big event to host with limited staff. She has heard al the thanks the community has for this event. Merry Christmas and Happy Commissioner Gordon: She had a blast participating in the Shop with a Mayor Robinson: She made an appearance at the employee Christmas party, it was a very nice event and for it to be pulled off only a few days after Christmas in Bunnell is amazing. Christmas in Bunnell was phenomenal; sO many families came and enjoyed the festivities. Merry Manager's report on the City website. Mayor and City Commissioners New Year. Cop event. Merry Christmas. Vice Mayor Rogers: Merry Christmas. Christmas and Happy New Year. J. Call for Adjournment. Motion: Adjourn Motion by: Vice Mayor Rogers Second by: Commissioner Schultz Vote: Motion carried unanimously Meeting adjourned at 8:47 P.M. hwolpir Catherine D. Robinson, ihlaea5 Date Hhat Kristen Bates, CMC, City Clerk lol2oa5 Date Mayor **The City adopts summary minutes. Audio files in official City records are retained according to the Florida Department of State GS1-SL records retention schedule** December 23, 2024 City Commission Meeting Minutes Page 7of7