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The Charlotte County Planning and Zoning Board voted to forward a staff-initiated text amendment (TLDR‑25‑03) to the Board of County Commissioners that would add and simplify countywide code definitions for "freeboard" and "design flood elevation" and make voluntary freeboard options available to property owners in flood hazard zones.
Staff rationale: Jay Shao explained the measure follows widespread hurricane damage last year and earlier amendments on Manasota and Sandpiper Keys. Shao said the proposal would add a user‑friendly definition of freeboard to County Code section 3‑9‑2 and a related section for the Sandpiper Keys overlay, allowing property owners in certain flood zones to use up to 5 feet of freeboard in A and 0.2% zones and up to 7 feet in V/coastal zones and seaward of the coastal construction control line. Shao emphasized the change is voluntary and aims to encourage resilience by offering additional height above base flood elevation as an option for redevelopment or new development.
Board discussion and practical implications: Board members asked how the change interacts with the waterfront "wedding cake" height restriction and whether the wedding‑cake rule applies countywide. Staff and the planning official clarified the waterfront "wedding cake" provision applies only inside the waterfront overlay district and that the current amendment focuses on voluntary elevation options for higher‑risk properties (islands and coastal parcels). Sean Cullinan noted that multifamily trip‑generation estimates and household projections (about 2.14 persons per household) factor into broader planning but are not direct limits on freeboard eligibility.
Public comment: Attorney Rob Bernsen praised the county's action and said some clients may consider raising structures to reduce insurance costs and increase rebuildability, and he urged future reconsideration of waterfront height limits to allow economically viable waterfront projects.
Outcome: A board member moved to forward TLDR‑25‑03 to the Board of County Commissioners with a recommendation of approval based on the staff memorandum dated 10/31/2025; the motion was seconded and carried by voice vote. The amendment will be scheduled for consideration by the Board of County Commissioners.
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