Council Meeting on June 4th 2025 at 9:00am
The council will be addressing the potential for repealing 2024 Land Development Regulations. An outline of the proposed repeal is provided below. We hope to see you there!
Address: 11330 Burnt Store Road, Punta Gorda, Fl, 33950
CONCERNS REGARDING THE PROPOSED REPEAL OF THE 2024 LDRs:
- The State of Florida mandates all cities and counties to update their
Comprehensive Plans (CP) and Land Development Regulations (LDRs) every
5 to 7 years.
- Punta Gorda hired Dover Kohl (DK) and spent $624,420 for their comprehensive work including gathering citizen input and writing the LDRs. One of the goals was for the LDRs to support the development of the downtown core. Commercial structures were not rebuilt and 226 businesses never returned after Hurricane Charley in 2004. The result was the beginning of the commercial/residential property tax imbalance, increased residential property tax burden and an ugly downtown.
- DK held numerous charettes (town hall meetings) with hundreds participating in public brainstorming, discussion and feedback.
Countless hours were spent by city staff, elected officials, and volunteers reviewing, writing and rewriting the1600 pages of documents comprising the CP & LDRs. The Planning Commission and City Council also had numerous meetings with opportunities for public comment during the 5+ years the work was taking place. There are 70 documented public meetings about these documents. - Punta Gorda met their state deadline of October 2023 to submit the revised Comprehensive Plan and LDRs and they were approved by
the state. - The City of Punta Gorda received an award for the comprehensive approach and vision for the future from the American Planning Association for the 2024 CP & LDRs and a statewide award from Florida Planning and Zoning Association for the extensive process of community input and leadership that went into the development of
the CP & LDRs.
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Charlotte County, Florida was impacted by Hurricane lan on September 28, 2022. On July 1, 2023, the State of Florida adopted SB250, in Chapter 349 Section 14 & 15 entitled “Natural Emergencies”, forbidding Charlotte County and 9 other adjacent counties impacted by Hurricane lan and all municipalities within these counties from adopting more restrictive or burdensome amendments to their LDRs and CP dating from September 28,2022 (date of lan’s impact) through June 30, 2027. If the city violates this statute with more restrictive or burdensome amendments to the LDRs and CP, those portions are void ab initio (from the beginning). It does not say the entire LDRs and CP is void ab initio.
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The purpose of Chapter 349 Section 14 & 15 was simply to facilitate repair and recovery from the significant hurricane impact in 2022. Concern that recently approved LDRs and CPs might be more burdensome and restrictive for the landowners prompted the creation of this statute to ensure reconstruction and redevelopment was not slowed or prohibited by the state mandated LDRs and CPs. It is a temporary moratorium which ends on June 30, 2027, and was not intended as a method to repeal entire LDRs and CPs, rather to address any portions that are more burdensome and restrictive.
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If you repeal the current regulations, ab initio, the old regulations are not automatically reinstated. The city will have been acting without the benefit of either LDRs or CP since the date of state approval of the current LDRs and CP in April 2024 due to the ab initio vote. Until this council creates new LDRs and CP and both are approved by the state, the city will continue to be in violation of the state growth management laws, Chapter 163, Part II. The state may take statutory corrective action such as sanctions by withholding state revenue sharing and grants until the city complies. Think of all the votes under these acts over the past year that will be void and must be reevaluated and voted on using the regulations the council ultimately adopts. What effect does this have on actions taken by property owners who relied on your actions being lawful? In addition, the interim city attorney has pointed out 6 other issues including voiding of the local registry which will require additional mailing, a vote by the Council re-establishing the Planning Commission and the Board of Zoning Appeals and amending the CP to match the new LDRs.
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May 21,2025 the City Council voted 4-1 to repeal ab initio all 520 pages of the 2024 LDRs, not just the more restrictive and burdensome portions as required by the 349 statute and recommended by several knowledgeable attorneys. Repealing the entire 2024 LDRs may lead to multiple lawsuits against the city and possibly naming each city council person individually, as well as overwhelming staff who must also revise the 1100-page CP to fit with adopted regulations. This will also strain your interim attorney and increase legal and staff costs.
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Clarity is challenging in this complex issue. There is no need or rationale to repeal the entire document. Chapter 349 Sections 14 & 15 voids only the regulations in the 2024 LDRs that are more restrictive and burdensome to the landowner’s rights as compared to the prior LDRs and CP. The safer and more logical option is to review the 2024 LDRs compared to the prior LDRs and remove or rewrite the more restrictive or burdensome elements.