Development Review Committee CITY OF PUNTA GORDA

Development Review Committee
CITY OF PUNTA GORDA, FLORIDA
AUGUST 12, 2016, 9:00 AM
COUNCIL CHAMBERS - 326 W. MARION AVENUE, PUNTA GORDA FL 33950
NOTE: Anyone wishing to address the Council on any agenda item may do so at the appropriate time during the
meeting. Those who choose to speak must state their name for the record. Each person will be allowed to speak once
on each subject up to a maximum of three minutes.
I.
CALL TO ORDER/ANNOUNCEMENTS
A.
Roll Call
B.
Next Scheduled Meeting
1.
August 26, 2016
II.
CITIZENS COMMENTS ON AGENDA ITEMS ONLY
III.
APPROVAL OF MINUTES
A.
IV.
July 29, 2016
NEW BUSINESS
A.
SE-04-16 – A request by Hans Wilson & Associates, Agent, for Vent, LLC, Vivante at Punta Gorda
Property Owner’s Association, Inc., Palm Isles Condominium Development, LLC, and Vivante at
Punta Gorda Condominium Association, Inc., owners, for a Special Exception pursuant to Chapter
26, Section 16.8, Punta Gorda Code, to construct a private marina with up to 264 private dock
slips for the sole use of the residents of the Vivante development; to create a navigable channel
connecting to the Peace River through vacant common area on the North end of the development,
and to install a seawall along the lands abutting the proposed channel, since none of these
activities are considered permitted uses or structures, but may be approved as a Special
Exception.
V.
UNFINISHED BUSINESS
VI.
STAFF COMMENTS
VII.
COMMITTEE/BOARD COMMENTS
VIII. CITIZENS' COMMENTS
IX.
ADJOURNMENT
At meetings in which public hearings are reviewed, any member of the audience who wishes to speak will be
recognized and heard. All persons must be sworn in prior to offering testimony. Comments may be limited to
three minutes. The following motion format is recommended for use by an advisory board/committee in a
quasi-judicial proceeding: Based on the evidence and testimony presented at this Public Hearing for Item #
______, I find that this request (is/is not) consistent with the City of Punta Gorda Comprehensive Plan and
move that we recommend to the City Council (approval/approval with conditions/denial) of this request.
If any person decides to appeal any decision made by this Advisory Board/Committee with respect to any
matter considered at the meeting or hearing, he or she may need a record of the proceedings, and for such
purpose he or she may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, the location of this public
hearing is accessible to persons with disabilities. If you are a person with disability who needs any
accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Interpreters for the hearing impaired (TTY 941-575-5013) or non-English speaking
citizens, and any other special accommodations can be requested by contacting the Human Resources
Manager/Non-Discrimination Coordinator whose address is 326 W. Marion Avenue, Punta Gorda, FL 33950,
whose telephone number is (941) 575-3308, and whose email address is humres@pgorda.us, at least two (2)
calendars days prior to the meeting.
DEVELOPMENT REVIEW COMMITTEE
CITY OF PUNTA GORDA
8/12/2016
Print
Approval of Minutes*
Title:
Funds:
Recommended Action:
Summary:
Department/Division:
EXHIBITS:
1.
July 29, 2016
July 29, 2016
DEVELOPMENT REVIEW COMMITTEE
MEETING
JULY 29, 2016
MEMBERS PRESENT:
David Hilston, Chairman
Randy Cole, Chief Building Official
Jennifer Molnar, Fire Marshal
Norman Nahra, Police Lieutenant
Linda Sposito, Senior Project Manager
Teri Tubbs, Interim Urban Design Manager
MEMBERS ABSENT:
Tom Jackson, Utilities Director
OTHERS PRESENT:
Lisa Hannon, Code Compliance Supervisor
C. J. Metcalf, Jerry Presseller
CALL TO ORDER/ANNOUNCEMENTS
A.
Roll Call
B.
Next Scheduled Meeting
1.
August 12, 2016
CITIZENS COMMENTS ON AGENDA ITEMS ONLY
-
There were none.
APPROVAL OF MINUTES
A.
Meeting of July 15, 2016
-
Ms. Molnar MOVED, Ms. Tubbs SECONDED approval of the July 15, 2016 minutes.
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
A.
Event Permit #16-138585 - Annual Elks Veteran's Parade
November 12, 2016 - Charlotte High School to Downtown Punta Gorda
-
Ms. Lisa Hannon, Code Compliance Supervisor, displayed an overhead of the proposed
parade route, as delineated in the agenda material, stating this annual event
historically disbanded near the City Marketplace property; however, she had received
an application for an arts and crafts festival for which permission had been granted to
use the property during the same time period as the Veteran's Parade. She clarified
she was unsure where the parade would disband.
-
Ms. C. J. Metcalf, event organizer, stated the arts and crafts festival would be held on
the front lot facing Marion Avenue and Taylor Street, adding Smuggler's had offered
use of the north lot, pointing out same on the overhead, to which she had agreed. She
explained she planned to hold a parade expo wherein parade participants, such as the
Department of Veterans Affairs, for example, could set up booths in order to provide
information to the public. She confirmed she had spoken with the organizer of the arts
and crafts festival about parking and received permission for the parade expo booths
to occupy the rear portion of the front lot. She noted she would take full responsibility
for the north lot and leave same open for parking.
-
Ms. Hannon asked where parade participants/floats would disband, stating the only
access point would be either on Retta Esplanade, Taylor Street between Retta
Esplanade and Harborside, or the north lot, access to the latter being available from
Harborside Avenue.
She pointed out the Herald Court Centre parking garage was
located only two blocks away.
-
Ms. Metcalf confirmed the parade would disband in the lot bordered by Harborside
Avenue and Retta Esplanade.
-
Ms. Molnar clarified Ms. Metcalf was referring to the lot closest to the Four Points by
Sheraton Punta Gorda Harborside, noting she would have had some concerns relative
to disbanding on Retta Esplanade. She confirmed standby was not required for this
event. She asked if tent booths would be placed on the south lot along with the arts
and crafts festival.
-
Ms. Metcalf stated she was offering booth space to parade participants; however, they
would be required to provide their own tents.
-
Ms. Molnar clarified anything more than a single ten foot by ten foot tent required a
tent permit obtained through the Fire Department. She asked if Fire Department front
and rear parade escorts were being requested.
-
Ms. Metcalf replied affirmatively.
-
Ms. Molnar concluded she and Ms. Metcalf would coordinate same with the Fire Chief.
-
Mr. Nahra commented arrangements would be the same as the previous year, adding
intersections would be manned with Police Officers and volunteers.
-
Ms. Metcalf stated she would work with the Police Department on navigating the larger
floats around corners to access the parade route itself. She pointed out the proposed
parade route on the overhead; however, there might be some floats which had to travel
down Allen Street to avoid a number of turns.
-
Mr. Nahra countered the Police Department must have an exact route.
-
Ms. Hannon advised Ms. Metcalf to coordinate with Mr. Dave Meyers, Traffic
Coordinator, on a Maintenance of Traffic plan, explaining Mr. Meyers would in turn
work with the Police Department.
-
Ms. Molnar MOVED, Ms. Tubbs SECONDED approval of Event Permit #16-138585
contingent upon comments made this date. MOTION CARRIED UNANIMOUSLY.
-2-
B.
Event Permit #16-138584 - Downtown Farmer's Market Weekly Event
Every Saturday morning - 8:00 a.m. to 12:00 p.m.
-
Ms. Hannon displayed an overhead of the proposed site plan, as delineated in the
agenda material, stating the organizers had requested permission to expand the event
to Sullivan Street during "season" from the beginning of the Wotitzky Law Firm's
parking lot to West Olympia Avenue. She noted City Council approval was required,
confirming access to the Wotitzky Law Firm's parking lot and the Sunloft Center would
be maintained.
-
Ms. Molnar noted clear access to the Sunloft Center's Fire Department Connections
must be maintained.
She pointed out the only access to the Charlotte Community
Foundation building was off of Sullivan Street. She clarified she had concerns in that
this would be a weekly closure of that portion of the street.
-
Mr. Jerry Presseller, event organizer, questioned the width of the street.
-
Ms. Molnar expressed uncertainty regarding same.
-
Mr. Presseller stated the Farmer's Market changed location to Sullivan Street
approximately three times per year in order to accommodate various parades, adding
vendors were set up on the sidewalk and on the street itself on the opposite side of the
road; thus, the street was still accessible, acknowledging he was unsure of the width
needed for Fire Department apparatus. He confirmed the event would not be located
anywhere near the Sunloft Center.
-
Ms. Molnar stated the vendors on Sullivan Street must be easily relocatable in the event
of an emergency. She advised a fire truck required 20 feet in width; however, she was
unsure if the street itself was 20 feet wide. She confirmed she would review a detailed
set-up plan once the vendors to be located on Sullivan Street were determined.
-
Mr. Presseller stated access could be obtained from Marion Avenue. He mentioned the
Charlotte Community Foundation was not open on Saturdays, adding the owner of
Giuditta's had no objections as he was allowing her to participate in the Farmer's
Market.
-
Ms. Hannon requested same in writing as the owner had complained to the City in the
past.
-
Mr. Nahra expressed the same concerns as those of the Fire Department with regard to
emergency vehicle access.
-
Ms. Molnar MOVED, Ms. Tubbs SECONDED to recommend approval of Event Permit
#16-138584. MOTION CARRIED UNANIMOUSLY.
-3-
C.
Event Permit #16-138583 - Annual Gallery Walk Review
-
Ms. Hannon stated the event organizers wished to expand this monthly event by
closing a portion of Taylor Street from West Olympia Avenue to Herald Court and
utilizing the Hector House Plaza and parking lot. She noted the event organizers were
also requesting closure of Taylor Street from West Marion Avenue to West Retta
Esplanade for future food truck rallies along the street.
She concluded staff
recommended approval contingent upon meeting all public safety concerns, adding
this request would also require City Council's approval.
-
Ms. Molnar stated the more streets closed on a regular basis for events, the more
emergency operations were hindered from being able to run smoothly; thus, the Fire
Department was concerned about regular street closures on a weekly and/or monthly
basis, acknowledging staff had been able to work through any issues with the event
organizers, and there had been no major incidents to date.
-
Ms. Sposito asked if surrounding businesses were required to provide letters of
support for these types of events.
-
Ms. Hannon replied the City asked organizers to notify all affected businesses.
-
Mr. Presseller stated the street closure from Marion Avenue to the Event Center was on
hold at this time, adding he planned to position food trucks, artists and vehicles
between the Farmer’s Market's current operations and the Event Center. He announced
the Gallery Walk would be changed to “Alive after Five.”
-
Ms. Molnar MOVED, Ms. Tubbs SECONDED to recommend approval of Event Permit
#16-138583. MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
-
Meeting Adjourned: 9:16 a.m.
_________________________________
David Hilston, Chairman
_______________________________
Mary Kelly, Recording Secretary
-4-
DEVELOPMENT REVIEW COMMITTEE
CITY OF PUNTA GORDA
8/12/2016
Print
New Business*
Title:
SE-04-16 – A request by Hans Wilson & Associates, Agent, for
Vent, LLC, Vivante at Punta Gorda Property Owner’s
Association, Inc., Palm Isles Condominium Development, LLC,
and Vivante at Punta Gorda Condominium Association, Inc.,
owners, for a Special Exception pursuant to Chapter 26, Section
16.8, Punta Gorda Code, to construct a private marina with up to
264 private dock slips for the sole use of the residents of the
Vivante development; to create a navigable channel connecting to
the Peace River through vacant common area on the North end of
the development, and to install a seawall along the lands abutting
the proposed channel, since none of these activities are
considered permitted uses or structures, but may be approved as
a Special Exception.
Funds:
N/A
Recommended Action:
Urban Design recommends approval, providing all other state
permits are approved.
Summary:
Criteria #(1) The proposed use will not adversely affect the use
of neighboring properties.
Finding #1: With the design of the proposed navigable
channel, the closest edge of the channel being at least 114
to 116 feet waterward of the existing shoreline and
condominiums, the boat traffic should have no negative
impact on existing conditions, within this boating
community. The proposed use will not adversely affect
the use of neighboring properties, and if approved will
have a positive impact on all properties that abut the
existing lake.
Additional permitting through the Southwest Florida
Management District, Florida Department of Environmental
Protection, National Marine Fisheries Service, US Fish and
Wildlife Service and Florida Fish and Wildlife
Conservation Commission is necessary. These agencies
will ensure all environmental and marine life concerns are
properly addressed.
Concern was raised that the lake is a City owned lake.
The City does not and never has owned the lake. The lake
is owned and maintained by the PGI Section 24 property
owner’s association per restrictive covenants recorded in
1984 by Punta Gorda Isles, Inc.
Criteria #(2) The use shall comply with applicable district
regulations and applicable provisions of the adopted
Comprehensive Plan and downtown plans.
Finding #2: The proposed use has no impact on the
downtown plan, and is consistent with the City of Punta
Gorda Comprehensive Plan, specifically;
Objective 2.1.4, “Punta Gorda will continue a
development pattern which is characterized by the location
of water dependent and water related uses in its waterfront
areas.”
Goal 2.2: Public Access: “To promote the City of Punta
Gorda as a “Boaters’ Destination” by enhancing public
access between the land and the waters of the State of
Florida for all residents and visitors of the City of Punta
Gorda based upon current and projected demand. “
Objective 2.2.1: Improve access from the waters of the
Peace River and the Charlotte Harbor to the City of Punta
Gorda by improving the number and quality of boat slips,
moorings and shore side support facilities for cruising
boaters.
Policy 2.2.1.1: The City shall promote joint
ventures, development or redevelopment of
projects which support design standards that
promote or improve public access from the Peace
River to the City.
Goal 2.5: Enhancement of the Viable Traditional Economy :
To enhance economic development opportunities within the City
of Punta Gorda that more fully connects the community to its
waterfront.
Objective 2.5.1: The City shall maintain and enhance its
traditional economy in the areas of boating, fishing and
tourism.
Policy 2.5.1.1: The City shall promote sport
fishing events and other similar activities.
Criteria #(3) The location, size and height of buildings
structures, walls and fences, and the nature and extent of
screening, buffering and landscaping shall be such that the use
will not hinder or discourage the appropriate development and
use of adjacent or nearby land and/or buildings.
Finding #3: No new buildings are proposed on the site.
The proposed docks are in the water, and are consistent
with the surrounding neighborhoods and other
waterways.
The proposed navigable channel will allow boat traffic to
access the harbor directly and will not impact boat traffic
in other existing canals. The maintenance of the lake,
seawalls and channel will remain the responsibility of the
property owners abutting the lake. This was denoted in
the Original Covenants and Restrictions for PGI Section
24 which were recorded in 1984.
The proposed jetty will be set at 1 foot below mean high
water line, and will only be visible during low tide, and will
be marked with channel markers as required. Therefore
the jetty will not block any views of the water, and the
proposed channel will not hinder or discourage the
appropriate development and use of adjacent or nearby
land or buildings.
Environmental and lake water quality concerns have been
raised, and will be addressed by the applicant based on
the scientific environmental studies done of the area.
Criteria #(4) The proposed use will be such that pedestrian and
vehicular traffic generated will not be hazardous or conflict with
the existing and anticipated traffic in the neighborhood and on the
streets serving the site.
Finding #4. The proposed channel is approximately 116
feet waterward and away from the existing shoreline of
Colony Point Drive and the existing condominiums. The
community, by its very nature is a boating community,
and seeing boat traffic is commonplace.
No additional pedestrian or vehicular traffic will be
generated as the result of this request.
Concerns raised of a ‘boat super-highway’ that would be
created. In reality, only a small percentage of boat
owners use their boats on a daily basis. For those that
live on Tarpon Inlet, there are 144 lots on the north side
of the bridge. How many watercraft actually travel
through Tarpon Inlet to the harbor on any given day?
Conclusions
Based upon the findings presented above, the Punta Gorda
Urban Design Division offers the following conclusions leading to
its final staff recommendations.
Conclusion #1: The lake ownership and control was granted
by the Restrictive covenants for PGI Section 24. On page 5 of
the restrictive covenants for Punta Gorda Isles, Section 24,
recorded February 15, 1984, all lots and condominium units
which may be built upon lands immediately adjacent to the lake
shall have an undivided interest in all of the lake, which interest
shall be equivalent to the owners’ obligation to pay maintenance
thereon as set forth hereafter.
PGI Section 24 is not part of the PGI Canal Maintenance
District, and therefore the District would not be responsible
for any costs associated with the lake or seawalls.
Additionally, the covenants state that “Nothing shall
prohibit the Association or the majority of the adjacent unit
owners from seeking an outlet from the lake to the
harbor.” This was clearly contemplated in 1984, when
PGI Section 24 covenants were recorded.
The request complies with Policies, Goals and Objectives
of the City’s adopted Comprehensive plan.
The request meets the required criteria and the application
is in order.
Department/Division:
EXHIBITS:
1.
SE-04-16 Application
Urban Design
(3) The location, size and height of buildings structures, walls and fences, and the nature and extent
of screening, buffering and landscaping shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent or nearby land and/or buildings.
A cantilever seawall will be offset 5 feet from the property line of 49, 53, and 61 Colony Point Drive, and continue
to the shoreline of the Peace River (see attached site plan). 12 channel markers will mark the proposed channel.
A 860 LF riprap (rock) jetty will extend north of the existing upland area. Finger piers with docks are proposed to
be placed along the seawall frontage of the Vivante properties (see attached Site Plans).
(4) The proposed use will be such that pedestrian and vehicular traffic generated will not be
hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the
streets serving the site.
The proposed use will not increase pedestrian or vehicular traffic because it will be a private
facility only available to the property owners.
I, the undersigned, being first duly sworn, testify and say that I am the owner, attorney, attorney-in-fact, agent, lessee or
representative of the owner(s) of all of the property described and which is the subject matter of the proposed hearing; that all
answers to the questions in this application, and all sketches, data and other supplementary material attached to and made a part
of the application are honest and true to the best of my knowledge and belief. I understand this application must be complete and
accurate before the hearing can be advertised, and that I am authorized to sign the application by the owner or owners.
By submitting this application the owner(s) of the subject property does hereby grant his/her consent to the Zoning Official and
his/her designee, to enter upon the subject property for the purposes of making any examinations, surveys, measurements, and
inspections deemed necessary to evaluate the subject property relative to this application.
AFFIDAVIT
Brian Stock, CEO
________________________
Print Name & Title
__________________________________
Signature of Owner or Authorized Agent
STATE OF
COUNTY OF
Florida
)
Collier
)
The foregoing instrument was acknowledged before me this
day of
personally known to me or who has produced
, 20
, by
____________
Date
Brian Stock
, who is
as identification and who did not take an oath.
(Seal)
Notary Public, State of Florida
My commission Expires
AGENT AFFIDAVIT (Property Owner to complete ONLY if applicable)
I/We
Brian Stock
, property owner(s), hereby authorize
Hans Wilson & Associates, Inc.
to
act as Agent on our behalf regarding a SPECIAL EXCEPTION APPLICATION on the property commonly known as
Vivante at Punta Gorda
in Punta Gorda, Florida.
Brian Stock
__________________________________
________________________
____________
Signature of Property Owner
STATE OF
COUNTY OF
Florida
Collier
Print Name of Property Owner
Date
)
)
The foregoing instrument was acknowledged before me this
personally known to me or who has produced
day of
, 20
, by Brian Stock
, who is
as identification and who did not take an oath.
(Seal)
Notary Public, State of Florida
Special Exception Application 2014
My commission Expires
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