Punta Gorda council pauses enforcement of impervious-surface rules after downtown business outcry

Punta Gorda City Council voted Wednesday to place a 180-day stay on code enforcement for a set of privately owned downtown parcels with impervious surfaces, after multiple business owners and residents warned that immediate enforcement could remove needed parking and harm commercial activity.

The move follows more than two hours of public comment from owners and managers of downtown businesses — including the Ice House Pub, Salty Tarpon and the Celtic Ray — who said lots used informally for parking for 18–20 years would be fenced or otherwise closed if owners were required to remove asphalt or meet full modern parking-lot standards.

Councilmember Melissa Lockhart moved for the 180-day stay; the motion was seconded and approved by voice vote. City staff said they will send letters to already-notified property owners informing them of the pause and use the interval to pursue a workshop, stakeholder outreach and potential code changes.

Why it matters: The city’s impervious-surface rule, added in 2011, requires removal of concrete and asphalt on parcels when certain primary structures are removed. Several downtown business owners said that rule was being applied to properties that have functioned as parking for years, and they warned that fencing or other owner responses would cause immediate parking shortages that could reduce customer traffic and revenue.

How the discussion unfolded: Residents and business owners described long-standing, informal parking use at lots on Marion Avenue and nearby blocks. Cheryl Mayman, a local property manager, said one lot had been used as overflow parking “for 18 years” and that forcing its removal would “cause a lot of problems for a lot of businesses.” John Barry, owner of the Ice House Pub, said the lot is used for staging after storms and by emergency responders, and pleaded with council to reconsider immediate enforcement.

Zoning staff told council the impervious-surface requirement was adopted in February 2011 and that staff had sent letters to owners of properties that appear to meet the code’s nonconforming/abandonment criteria. Rachel Berry, zoning official, said the only property with an issued notice of violation so far is 300 West Retta Esplanade (the former Waterfront Hotel) because demolition permits left required impervious removal incomplete. “As directed, we did send those letters,” Berry said.

Legal and policy context: City Attorney David Levinson explained the code’s nonconforming-use language and the limits on selective enforcement, noting that the council must decide whether to modify the ordinance or follow the current enforcement steps. Planner Jason Green and other commenters cautioned that forcing removal of long-standing improvements could produce legal claims or other unintended consequences.

Council next steps: Council directed staff to draft and send a letter notifying affected owners the city will not pursue compliance actions immediately, to hold a workshop with downtown stakeholders, and to consider revisions to the Land Development Regulations (LDRs) and parking policy. Councilmembers also discussed prioritizing the Virginia Street “complete street” project in sales-tax-funded capital lists as one longer-term approach to easing downtown parking pressure.

Quote: “If you keep it like it is, you will not lose your rights,” public commenter John Barry said, urging the city to preserve existing, informal parking arrangements while a solution is developed.

Ending: Councilmembers said they expect to bring the impervious/parking issue back for further discussion after stakeholder outreach and the planned workshop. Staff will prepare notices to property owners and present a follow-up timeline to council.