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Punta Gorda council members question conflicting legal advice on repeal of Chapter 26 land development rules
Summary
At a pre-agenda meeting, City of Punta Gorda officials discussed whether to repeal Chapter 26 of the city's Land Development Regulations after mixed guidance from the city's land-use attorney; council members asked for clarification before a second public hearing and staff warned a resolution to codify a repeal could appear on the July agenda.
Punta Gorda City Council members at a pre-agenda meeting discussed plans to repeal Chapter 26 of the city's Land Development Regulations and raised concerns after receiving conflicting written guidance from the city's land-use attorney.
Council members said the attorney's written letter initially advised handling repeals provision-by-provision but later communications suggested repealing the entire chapter and, implicitly, changes tied to the comprehensive plan. Janine Polk, addressing the council, said, "Janine Polk, for the record, I think we need to have this conversation tomorrow." Polk urged council members to postpone further formal action until they had direct clarification from counsel.
The question centers on whether the council should adopt separate repeal ordinances for individual earlier ordinances and resolutions or adopt a single…
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