Palm Coast, Fl - City Ignored Regulations and Policies

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 Policiess 

 

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.