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   Port Charlotte, FL 33949

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The CHARLOTTE COUNTY BOARD OF COMMISSIONERS, as a matter of habit, approves amendments to the comprehensive land use plan right and left and always has. In one day:

TOTAL AREA AFFECTED: 972 ACRES

            The commission agenda of March 9th included the following land use changes in Charlotte County which, as far as I know, were all approved:  An amendment changing zoning from residential and agricultural to planned development for 126 acres near Harborview Rd.; an amendment changing 10 acres off Taylor Rd, zoned agriculture, to planned development; 40 acres near Collingswood, residential and commercial general to commercial intensive; 55 acres off  San Casa Blvd: commercial general to industrial;

315 acres in Murdock, near Toledo Blade and Veterans, removing acreage from DRI; 215 acres of Tern Bay, formerly Caliente Springs, revision of Development Order; Something going on with the 211 acres of Placida’s Coral Creek Club (which has violated mangrove rules and should be given no quarter) and Gulf Cove United Methodist Church requests a street vacation.

 

Feb 10  On February 10, 2004 approved minutes disclose what happens today when a comprehensive land use plan amendment comes before the commission; I picked the first three items on which they ruled; each is similar in that no public spoke; the public may not have been aware:

 

17 Acres

W. 2:00 P.M. PETITIONS – PLAN AMENDMENT AND REZONINGS Future Land Use Map Amendments: Ordinances, Text Amendments, Amendments to Chapter 3-9, County Code, Plat and Street (Attorney Lee administered the oath to prospective witnesses.)

            Agenda Item W-1, PA-03-11-38-LS, District IV (Proof of Publication was in Order.) Gary Thompson, Planner II stated this petition is requesting a large-scale plan amendment from Mixed Use and Low Density Residential to Commercial Center for 17.11+ acres owned by the KAPT Limited Partnership.  

            Mr. Thompson stated the applicant is requesting the large-scale plan amendment so that they may pursue commercial development on the site. Mr. Thompson stated the site of the proposed change has a Low Density Res-idential FLUM designation with Residential Single-Family 3.5 zoning. Mr. Thompson stated a Florida Power and Light transformer site is located to the west of the site, with a small portion of vacant residential located along the upper west side. Mr. Thompson stated the transformer site has a Mixed Use FLUM designation with Industrial Light zoning and the residential is Low Density Residential FLUM and RSF 3.5 zoning. Mr. Thompson stated the subject property is located in the Infill portion of the Urban Service Area.

            Mr. Thompson stated staff has determined that the proposed change would not be out of character with the surrounding area. Mr. Thompson stated the Community Development Department and the Planning and Zoning Board recommends approval of the petition.

            Attorney Robert H. Berntsson, of the law firm of Mc-Kinley, Ittersagen, Gunderson & Berntsson representing the applicant stated this is an appropriate site for commercial development and respectfully requested approval. THERE BEING NO ONE WISHING TO SPEAK FOR OR AGAINST, COMMISSIONER DEVOS MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER D’APRILE AND DECLARED UNAN-IMOUS. COMMISSIONER DEVOS MOVED FOR APPROVAL BASED ON THE FINDINGS AND ANALY-SIS CONTAINED IN THE PLANNING AND ZONING DIVISION STAFF REPORT of 12-26-03 AND THE EVIDENCE PRESENTED AT THE PUBLIC HEARING, THE TRANSMITTAL OF PETITION PA-03-11-38-LS TO THE DEPARTMENT OF COMMUNITY AFFAIRS,FOR OBJECTIONS, REVIEW AND COMMENT;  SECONDED BY COMMISSIONER D’APRILE AND DECLARED UNANIMOUS.

 

87 acres

Agenda Item W-2, Z-03-11-41, District II (Proof of Publication was in Order.) Gary Thompson, Planner II stated this petition is requesting a rezoning for 87.4+ acres from Agriculture Estates to Planned Development. Mr. Thompson stated the site of the proposed change is located north of South Jones Loop Road, south of north Jones Loop Road, west of Interstate 75, and east of Taylor Road. Mr. Thompson stated the applicant is proposing a residential development on the site that will contain a maximum of 280 dwelling units. Mr. Thompson stated the increase in density of 193 units will be achieved through a Transfer of Development Rights (TDR). Mr. Thompson stated all of the development proposed by the applicant will take place to the north and west of Alligator Creek …   . Mr. Thompson stated staff has determined that the proposed change would not be out of character with the surrounding area. Mr. Thompson stated the Community Development Department and the Planning and Zoning Board recommends approval of the petition with conditions. Attorney Geri Waksler with the law firm of Moore & Waksler representing the applicant stated all conditions have been reviewed and the applicant has no objections. THERE BEING NO ONE WISHING TO SPEAK FOR OR AGAINST, COMMISSIONER DEVOS MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER D’APRILE AND DECLARED UNANIMOUS. Chairman DeBoer presented an advisory comment to the applicant’s attorney, stating that the alignment of this development is close to the airport runway and some type of criteria needs to be established to let prospective buyers know about the airport runway. COMMISSIONER DEVOS MOVED FOR APPROVAL BASED ON THE FINDINGS AND etc. etc. etc., SECONDED BY COMMISSIONER HORTON AND DECLARED UNANIMOUS.

 

  Note this next “hearing” included comment – probably determining comment - outside public view.

18 acres

Agenda Item W-3, Z-03-11-42, District II (Proof of publication was in Order.)(Chairman DeBoer and Commissioners Devos, D’Aprile, Horton and Cummings stated they all had some type of dialogue with Attorney Haymans regarding this petition.) Jorge Perez, Planner II stated this is a rezoning request from Commercial General (CG) to Industrial Light. Mr. Perez stated the Comprehensive Plan has designated the site for industrial uses since at least 1987 and the applicant now wishes to make the zoning consistent with the Low Intensity Industrial FLUM (Future Land Use Map) designation of the property. Mr. Perez stated approval of this rezoning would create a 17.74+ acre industrial parcel, with access to Taylor and Burnt Store Roads, and in close proximity to Interstate I-75. Mr. Perez stated the Community Development Department and the Planning and Zoning Board recommends approval. Attorney Geri Waksler with the law firm of Moore & Waksler spoke on behalf of the applicant. THERE BEING NO ONE WISHING TO SPEAK FOR OR AGAINST, COMMISSIONER DEVOS MOVED TO CLOSE THE PUBLIC HEARING, SECONDED BY COMMISSIONER HORTON AND DECLARED UNANIMOUS. Commissioner D’Aprile stated IL zoning can become quite messy and doesn’t know what the developer intends building on the site. Commissioner D’Aprile referenced the concrete plant on Veteran’s Highway which was there and homes built across the road. Attorney Waksler stated light industrial very well could encompass manufacturing in an enclosed building. COMMISSIONER DEVOS MOVED FOR APPROVAL, etc. etc., SECONDED BY COMMISSIONER D’APRILE AND DECLARED UNANIMOUS.