Punta Gorda council advances first reading to nullify 2012–2023 LDRs; seeks land‑use attorney and a vested‑rights process

Punta Gorda City Council voted to move the ordinance declaring the city’s 2012–2023 land development regulations null and void ab initio to a second reading, and directed staff to engage outside land‑use counsel to advise the city during the process.

The council’s first reading passed 3–2 after more than three hours of public comment and council debate about legal risk, planning consequences and next steps. Council members who supported the move said a repeal is the cleanest way to remove provisions they consider noncompliant with Senate Bill 250; opponents warned sweeping repeal could create legal exposure and regulatory gaps.

Supporters argued that the existing LDRs put the city out of compliance with SB 250 and that a prompt repeal, paired with a professional review and a careful rewrite, would reduce litigation risk and let the council reset height, density and parking rules. Opponents said the regulations can be fixed provision by provision and urged hiring a land‑use attorney first to identify which sections are truly illegal or “more burdensome.”

Council asked the city manager to arrange for an experienced, impartial land‑use attorney to review the LDRs and advise on options. City attorney Steven Leskovich told the council that declaring the 2012–2023 ordinance null and void ab initio would, in his view, return the city to the prior code but that the council should expect follow‑up work to make planning documents consistent.

Council also instructed staff to draft a vested‑rights ordinance to give property owners a clear administrative path to request recognition of development rights they relied upon before any changes — a process intended to limit emergency litigation and clarify how the city will treat pending or planned projects.

The council set a tentative second reading and public hearing for the ordinance on July 2 at 5:30 p.m., and directed the city manager to begin the procurement process to retain outside legal counsel to advise on SB 250 compliance and Bert Harris Act exposure.

Council members emphasized the next month will be used for focused legal review and public workshops. "We need an expert to help fix the problem," the city attorney told the council; a number of residents and local business leaders also urged the council to hire outside land‑use counsel before taking final action.

The council cautioned that repeal is not a final policy outcome but a procedural step to remove the challenged regulations while the city develops a lawful, defensible replacement through public hearings and planning board review.

The council and staff said they would publish a timeline for workshops and the outside legal review once a contract is in place.