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County seeks city response on Windmark permitting as traffic, litigation swirl
Summary
Gulf County attorney urged the Port St. Joe commission to state whether the city will begin enforcing permit limits tied to the Windmark development and Back Beach Road improvements, and warned litigation or enforcement could follow if the parties do not coordinate on a multiyear funding and construction plan.
The Port St. Joe City Commission heard an extended presentation from Gulf County Attorney Jeremy Novak about county concerns over permits tied to the Windmark development and unfinished Back Beach Road improvements.
Novak told the commission the county has asked the city for a formal position on whether it will begin limiting the issuance of permits to maintain the DRI/DRI-phase thresholds and to coordinate road improvements. Novak said the county’s letter sought “some indication from the city whether or not you’re gonna limit the issuance of those permits in Windmark.”
Why it matters: county officials say vehicle access to the beaches and a single-lane corridor will face growing congestion unless the county, the city and the developer coordinate a multiyear plan for the Back Beach Road improvements and associated traffic mitigation. Novak framed the issue as both operational and legal, noting the county has already submitted formal correspondence and is watching whether the city will align with the county’s view.
Novak described both the planning and legal stakes, saying parts of the dispute could be resolved with cooperative funding and planning but could otherwise lead to enforcement or litigation. “If the plans are in place, the funding’s in place, the city and the county are cooperating in that direction, and they know that it is a 5 year plan, then there’s really no need to argue it or contest it,” Novak said. He also told commissioners the county’s lawsuit names individual commissioners and city officials: “It is individually against the commissioners and it’s laid out and your attorney can have laid out a few more.”
Commissioners did not take immediate formal action on the larger Windmark enforcement question. Mayor and staff said they would consult the city attorney and place the matter on the next meeting agenda for further discussion and potential formal response to the county. City staff also committed to follow up on whether the county would assist with funding applications to the Department of Transportation and to coordinate a timetable for an intergovernmental approach.
Commissioners and staff emphasized that any decision about permit limits would involve multiple procedural steps, public notices and possible plan amendments; staff estimated a 45–60 day process to advance changes related to land-use designations and alley/parcel issues raised during the meeting. Novak asked that the city provide a response the county can carry back to its board to continue dialogue and reduce the chance of contested enforcement or litigation.
The commission did not vote on enforcement policy during the meeting; staff were directed to place the matter on the next regular agenda for formal consideration and to consult with the city attorney beforehand.
