Meetings
 
City Council
CITY OF PUNTA GORDA
1/17/2018
 
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Quasi-Judicial Public Hearings*
Title:

SE-04-16 – A request by Robert H. Berntsson, Agent, on behalf of Vent, LLC, Vivante at Punta Gorda Property Owner’s Association, Inc., Palm Isles Condominium Development, LLC, and PGI Section 24 Property Owners Association, Inc., jointly as owners, for a Special Exception pursuant to Chapter 26, Section 16.8, Punta Gorda Code, to construct docking facilities with up to 255 private dock slips for the sole use of the residents of the Vivante development; to permit  up to 41 private docking boat slips for properties along Colony Point Drive with lake frontage, for a total of 296 private dock slips; 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 Division recommends approval of the Special Exception request to create a navigable channel connecting to the Peace River through vacant common area on the north end of the Vivante development and to install a seawall along the lands abutting the proposed channel based on the below conditions. This recommendation of approval does not include the CCSP requests for the docks. The CCSP is a separate request to be considered by City Council January 17, 2018.

  1. The City by way of its Special Exception approval expressly prohibits the lease or sale of slips within the Vivante Boat Basin to anyone but a member of the PGI Section 24 Property Owners Association, Inc., owner or resident. Violation of this condition is a violation of Chapter 26, Article 3.5(b)(3), which states in part, Owners or occupants of the adjacent upland property may not rent docks to be used by third parties.
  2. The PGI Section 24 Property Owners Association, Inc., restrictive covenants be amended to include the restriction that when the docks are constructed in the Vivante boat basin, the docks can only be sold or leased to a member of the PGI Section 24 Property Owners Association, Inc. and will be for the sole use of the member or resident only.
  3. The approval of the private boat slips within the Vivante basin is subject to the approval of the Canal Construction Special Permit application. If approved, all docks will require a separate permit through the Building and/or Engineering Division prior to construction.
  4. The private boat slips proposed along the undeveloped multi-family lots cannot be constructed until the property is developed and a Certificate of Occupancy has been issued.
  5. Boat slips for the individual properties abutting the lake along Colony Point will require separate permits through the Building and/or Engineering Division prior to installation.
  6. Additional permitting through all appropriate Federal and State Agencies, including but not limited to,  Army Corps of Engineers, Southwest Florida Water Management, Florida Department of Environmental Protection, is necessary and the permitting process is ongoing and the full responsibility of the applicant.

 

 The Punta Gorda Development Review Committee recommended moving the request forward to Planning Commission and City Council.

 

 The Punta Gorda Planning Commission recommended approval of the request.

Summary: The applicant has submitted a request to create a navigable channel connecting a private waterway to the Peace River through vacant common area on the North end of the Vivante development and to install a seawall along the lands abutting the proposed channel. In addition, the applicant has requested to construct 255 private dock slips for the sole use of the residents/owners of Vivante. 
Department/Division: Urban Design
 
EXHIBITS:
1.Notice of Public Hearing
2.SE-04-16 revised application
3.Excerpt of Planning Commission Minutes
4.City Council Staff Report
5.Revised dock layout
6.Declarations of restrictions
7.Daniel DiLisi Resume expert witness
8.Hans Wilson Resume expert witness
9.Staff Presentation