What did the City of Palm Coast have to ignore to
enable them to reclassify Florida Park Drive as a major road?
I. The Constition of the United States
Domestic tranquility is one of the six
guarantees in the United States Constitution, a guarantee that is echoed in some
form or other in every state Constitution. In 1972, the Noise Control Act
was passed by Congress, declaring, “…it is the policy of
the United States to promote an environment for all
Americans free from
noise that jeopardizes health and welfare.”
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility,
provide for the common defence,
promote the general
Welfare,
and secure the Blessings of Liberty to ourselves and our
Posterity, do
ordain and establish this
Constitution for the United States of America.
http://constitutionus.com/
Noise Control Act of 1972, 42 U.S.C. §4901 et seq. (1972),
http://www2.epa.gov/laws-regulations/summary-noise-control-act
II. The Roll Of Government Pertaining To Health
Government's Role in Protecting Health and Safety : Quote from Thomas Frieden, Director, U.S. Centers for Disease Control and Prevention,
"Government has a responsibility to implement effective public health measures that increase the information available to the public
and decision makers, protect people from harm,
promote health, and create environments that support healthy behaviors. The health,
financial, and productivity gains from public health actions benefit individuals and society as a whole."
https://www.facebook.com/PublicHealthInstitute/posts/482884788451348
III. Land Development & Subdivision Regulations That
Support Access Management for Florida Cities and Counties
Section 19. Connectivity
1. The street system of a proposed subdivision shall be designed to coordinate
with existing, proposed, and planned streets outside of the subdivision as
provided in this Section.
2. Wherever a proposed development abuts unplatted land or a future development
phase of the same development, street stubs shall be provided as deemed
necessary by the (city/county) to provide access to abutting properties or to
logically extend the street system into the surrounding area. All street stubs
shall be provided with temporary turn-around or cul-de-sacs unless specifically
exempted by the Public Works Director, and the restoration and extension of the
street shall be the responsibility of any future developer of the abutting land.
3. Collector streets shall intersect with collector or arterial streets at safe
and convenient locations.
4. Subcollector and local residential access streets (like
FL PK DR) shall connect with surrounding streets to permit the
convenient movement of traffic between residential neighborhoods or facilitate
emergency access and evacuation,
shall not be permitted where the effect would be to
encourage the use of such streets by substantial through traffic.
Commentary: Local governments must maintain a tenuous balance between enhancing
accessibility and limiting excessive through traffic in residential areas. These standards
strive to address both considerations.
Access management addresses a broad array of
quality of
life issues fundamental to .
Model Land Development & Subdivision Regulations That Support Access Management
- See Page 2-31
NOTE:
The next two were put into place by the City of Palm Coast
to protect residents from harm.
The only reason for the City to violate them would be for
the specific purpose of harming those that the policies & ordinances were put in
place to protect.
No one is really protected; the City just wants everyone to think the City is
protecting them.
IV.
Code
of Ordinances City of Palm Coast, Fl - Chapter 24, Environment, Article II,
Division 1, Section 24-31, paragraph (g)
(g) It is the public policy of the City to
regulate and abate the activities which are causing or
which may cause pollution of the air, water and soils resources in the
City which are or may be detrimental to human,
animal or aquatic or plant life or to property, or which
may unreasonably interfere with the comfortable
enjoyment of life or property within the City, to
ensure a continued safe environment, to ensure
purity of air, water and soil, to ensure domestic
and public water supplies, to ensure protection of the
public health, safety and welfare, and to provide for recreational and
wildlife needs as the population increases and the economy expands.
https://www.municode.com/library/fl/palm_coast/codes/code_of_ordinances?nodeId=PTIICOOR_CH24EN
NOTE: There is no home owner living on Florida Park
Drive that can comfortably enjoy life or property; the City has taken that away.
V. City of Palm
Coast -
2035
Comprehensive Plan - Goals, Objectives, and Policies
Objective 3.3.5 – Protect Residential Areas from Inappropriate Land Uses
Protect predominantly residential areas from the intrusion of incompatible or
more intensive land uses.
Policy 3.3.5.1 – The City shall amend the LDC to include development standards
that provide greater setback and buffering requirements between established
residential areas and other uses to ensure compatibility between uses.
Policy 3.3.5.2 – The City shall develop neighborhood compatibility criteria
which shall be utilized by the City to review applications for Future Land Use
Map amendments, rezonings, and special exceptions to
ensure that proposed land uses and development
do not adversely impact
existing residential areas.
http://docs.palmcoastgov.com/residents/comprehensive-plan/chapter%203%20housing%20element%202035%20gops.pdf
NOTE: There is no home
on Florida Park Drive that has not been harmed by development adversely
impacting this existing residential area.