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Council reviews vested-rights language; staff to correct county reference in draft ordinance
Summary
Council members and staff reviewed a draft vested-rights provision tied to the land development regulations and identified a section that referenced Charlotte County instead of the City of Punta Gorda; staff said they could revise the text or remove the clause, and noted the item's timing depends on the LDR repeal decision.
Council members reviewed a draft ordinance on vested-rights determinations and flagged a procedural and drafting issue in the language that references Charlotte County agencies rather than the city.
During the pre-agenda discussion, a speaker identified as Debbie Luxe said she wanted clarification on several items in the vested-rights draft, including that a nonconforming use should not "reset the clock" for existing nonconforming properties and that prior approvals should specify any deadlines. Luxe read draft language from section 1.4(b) aloud and said it referred to "a vested rights determination by Charlotte County growth management department or Charlotte County Board of Commission County Commissioners," and asked whether that was a typographical error.
City staff (Leskovich) told the council that section 1.4(b) was accurate as drafted but they could add the phrase "issued by the City of Punta Gorda" or remove the section entirely. Leskovich also said staff could correct the provision as a scrivener's edit. Leskovich's remarks included an offer to change the language or delete the clause depending on council preference: "In regards to — or section 1.4 b, it's accurate. However, we can also put in there issued by the city of Punta Gorda. The other thing is you could completely remove 1.4 b and leave that out, whichever way you wanna do it. I mean, I can change that as a scrivener's there, or just take it completely out." (Leskovich's exact words appear in the transcript.)
Luxe also asked that procedural provisions require full LLC or corporate contact information for vested-rights filings. Staff confirmed the vested-rights determination language "was drafted depending on what you guys do regarding the repealing or on your vote," and noted the ordinance was scheduled for the council agenda the following day but could be moved if the LDR repeal vote is postponed.
Discussion vs. Decision: The council discussed clarifying nonconforming-use timing, prior-approval deadlines, and correcting the agency reference in section 1.4(b). Staff offered to revise the draft language or remove the clause; no formal motion or vote to adopt the vested-rights ordinance was recorded in the transcript.
Next steps: Staff to prepare edits to correct the Charlotte County reference (or remove section 1.4[b]) and to ensure procedural filings list full LLC/corporate contact information; council may still schedule the ordinance depending on the outcome of the LDR repeal consideration.
