Planning Commission CITY OF PUNTA GORDA, FLORIDA AUGUST

Transcription

Planning Commission
CITY OF PUNTA GORDA, FLORIDA
AUGUST 22, 2016, 2:00 PM
COUNCIL CHAMBERS - 326 W. MARION AVENUE, PUNTA GORDA FL 33950
NOTE: Anyone wishing to address the Council on any agenda item may do so at the appropriate time during the
meeting. Those who choose to speak must state their name for the record. Each person will be allowed to speak once
on each subject up to a maximum of three minutes.
I.
CALL TO ORDER/ANNOUNCEMENTS
A.
Roll Call
B.
Next Scheduled Meeting
1.
September 26, 2016
II.
CITIZENS COMMENTS ON AGENDA ITEMS ONLY
III.
APPROVAL OF MINUTES
A.
IV.
July 25, 2016
QUASI-JUDICIAL PUBLIC HEARINGS
A.
SE-04-16 – A request by Hans Wilson & Associates, Agent, for Vent, LLC, Vivante at Punta Gorda
Property Owner’s Association, Inc., Palm Isles Condominium Development, LLC, and Vivante at
Punta Gorda Condominium Association, Inc., owners, for a Special Exception pursuant to Chapter
26, Section 16.8, Punta Gorda Code, to construct a private marina with up to 264 private dock
slips for the sole use of the residents of the Vivante development; to create a navigable channel
connecting to the Peace River through vacant common area on the North end of the development,
and to install a seawall along the lands abutting the proposed channel, since none of these
activities are considered permitted uses or structures, but may be approved as a Special
Exception.
V.
NEW BUSINESS
VI.
UNFINISHED BUSINESS
VII.
STAFF COMMENTS
A.
B.
CRA Status Report
City of Punta Gorda Comprehensive Plan - EAR BASED Amendments
VIII. COMMITTEE/BOARD COMMENTS
IX.
CITIZENS' COMMENTS
X.
ADJOURNMENT
At meetings in which public hearings are reviewed, any member of the audience who wishes to speak will be
recognized and heard. All persons must be sworn in prior to offering testimony. Comments may be limited to
three minutes. The following motion format is recommended for use by an advisory board/committee in a
quasi-judicial proceeding: Based on the evidence and testimony presented at this Public Hearing for Item #
______, I find that this request (is/is not) consistent with the City of Punta Gorda Comprehensive Plan and
move that we recommend to the City Council (approval/approval with conditions/denial) of this request. If any
person decides to appeal any decision made by this Advisory Board/Committee with respect to any matter
considered at the meeting or hearing, he or she may need a record of the proceedings, and for such purpose he
or she may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. In accordance with the Americans with
Disabilities Act and Florida Statute 286.26, the location of this public hearing is accessible to persons with
disabilities. If you are a person with disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Interpreters for the
hearing impaired (TTY 941-575-5013) or non-English speaking citizens, and any other special accommodations
can be requested by contacting the Human Resources Manager/Non-Discrimination Coordinator whose
address is 326 W. Marion Avenue, Punta Gorda, FL 33950, whose telephone number is (941) 575-3308, and
whose email address is [email protected]; at least two (2) calendars days prior to the meeting.
PLANNING COMMISSION
CITY OF PUNTA GORDA
8/22/2016
Print
Approval of Minutes*
Title:
Funds:
Recommended Action:
Summary:
Department/Division:
EXHIBITS:
1.
July 25, 2016
July 25, 2016
PLANNING COMMISSION
MEETING
JULY 25, 2016
MEMBERS PRESENT:
Charles Counsil, Chairman
Ronald Baxter, Joseph Comeaux, Massey Loughman,
Lynne Matthews, Charles Thomas, Edward Zapke
OTHERS PRESENT:
Teri Tubbs, Interim Urban Design Manager
Mitchell Austin, Urban Design Planner
Bruce Laishley, Don Smith
CALL TO ORDER/ANNOUNCEMENTS
A.
Roll Call
B.
Next Scheduled Meeting
1.
August 22, 2016
-
There were none.
APPROVAL OF MINUTES
A.
Meeting of June 27, 2016
-
Mr. Thomas clarified his opposition to prohibiting the sale of alcohol by mobile
vendors was due to same being regulated by the State.
-
Ms. Matthews MOVED, Mr. Zapke SECONDED approval of the June 27, 2016 minutes as
amended. MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS
-
Recording Secretary Kelly swore in all participants.
A.
SV-02-16 - A Resolution of the City Council of the City of Punta Gorda, Florida, vacating
that undeveloped right-of-way lying in Section 1, Township 41 South, Range 22 East,
Charlotte County, Florida, being an unimproved 10 foot alleyway lying southeasterly of
Lots ‘A’, ‘B’, ‘C’, ‘D’ and ‘E’ and northwesterly of Lots ‘F’ and ‘K’, a subdivision of Lots
1, 2, 7 and 8, Block 9, Town of Trabue, Florida, according to the plat thereof as
recorded in Plat Book 1, Page 23, of the Public Records of Charlotte County, Florida,
containing 1,847.3 square feet, more or less, and more particularly described in
Exhibit “A” attached hereto and made a part thereof; requesting a recommendation
from the Planning Commission; and fixing a public hearing thereon.
-
Ms. Teri Tubbs, Interim Urban Design Manager, displayed an aerial view of the subject
property, as delineated in the agenda material, stating the request to vacate a portion
of the undeveloped alley was to combine two properties owned by Mr. Bruce Laishley
and Ms. Helen McCauley, applicants. She noted the right-of-way (ROW) in question was
not used, adding a structure encroached on a portion of the alley.
She explained
vacation of the alley would allow the applicants to combine their respective properties.
She concluded staff recommended approval of the request, adding the Development
Review Committee (DRC) had no concerns regarding SV-02-16.
-
Mr. Counsil asked if the City benefited from this action in any way.
-
Ms. Tubbs replied there would be no benefit nor any adverse effect.
-
Mr. Counsil observed one building encroached into the alley, confirming same would
not encroach onto the other party's property upon equitable division of the ten foot
alley.
-
Mr. Bruce Laishley, applicant, stated Ms. McCauley's garage encroached approximately
three to four feet into the alley; however, Ms. McCauley had previously been unaware
of the existence of the alley. He mentioned alleys within the surrounding blocks had
all been vacated in the past. He explained vacation of the alley would allow completion
of the picket fence around his property.
-
Ms. Matthews asked if there were any conflicts with utilities.
-
Ms. Tubbs replied the Utilities and Public Works Departments raised no concerns
regarding same at the DRC meeting.
-
Ms. Matthews confirmed there were no complaints filed by surrounding property
owners.
-
Mr. Counsil called three times for anyone to speak on SV-02-16.
-
Mr. Zapke MOVED, Ms. Matthews SECONDED to close the public hearing.
MOTION
CARRIED UNANIMOUSLY.
-
Ms. Matthews MOVED, Mr. Loughman SECONDED to find SV-02-16 consistent with the
Comprehensive Plan and to recommend approval of same based upon the evidence
and testimony presented. MOTION CARRIED UNANIMOUSLY.
UNFINISHED BUSINESS
A.
Discussion regarding Current Regulations for Mobile Food Vending Vehicles
-
Ms. Tubbs reported research showed the City's mobile vending ordinance was similar
in many aspects to those of other municipalities, acknowledging some were more
stringent while others were less so. She recalled a concern was raised at a previous
Commission meeting regarding a requirement for the property owner's notarized
signature on the application, confirming this was a standard requirement on all City
applications.
She explained the requirement protected the City and placed the
property owner on notice the mobile vending vehicle was not permitted to be located
in an area designated as a loading zone, fire lane or any other area deemed to create a
traffic hazard, and access must be maintained to restroom facilities. She agreed some
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provisions, such as the reference to signage, needed to be adjusted as many mobile
food trucks were "wrapped" in advertisement of their business.
She advised the
regulation regarding the use of sound equipment appeared to be a common standard
among other municipalities and had been prohibited generally in Chapter 14 for many
years to any and all other uses as opposed to only mobile vending vehicles.
She
pointed out no sales were permitted from the public right-of-way (ROW), not only from
mobile vendors.
-
Mr. Zapke confirmed mobile vending no longer required a Special Exception.
-
Mr. Counsil noted the criteria for mobile vendors participating in a special event were
different from those operating independently.
-
Ms. Tubbs stated any mobile vendor participating in a special event fell under that
blanket permit approval, adding the event organizer must ensure their vendors had all
necessary licensing.
-
Mr. Thomas commented some municipalities allowed mobile vending in the public
ROW, stating he believed there were some areas in Punta Gorda where it should be
permitted. He disagreed with the need for the property owner’s notarized signature in
that the vendor was already regulated in many ways. He commented on the categories
delineated in St. Petersburg's mobile vending code, i.e., license, location, permission,
hours of operation, signage, sound, sanitation, restrooms and enforcement, stating he
believed same was the reason their Code was kept to eight pages.
-
Ms. Tubbs clarified St. Petersburg allowed mobile vending two days per calendar week
from 7:00 a.m. to 9:00 p.m., adding vendors were also required to have a current
written agreement with a State licensed facility for the proper disposal of grease. She
opined the City should consider including a similar regulation.
-
Mr. Comeaux commented it seemed regulations were more stringent in smaller
municipalities, noting Boston's guidelines encompassed only two pages.
He
acknowledged certain regulations were needed; however, a number were already in
place within the City Code or as a requirement of the State and County. He suggested
a bit more flexibility would encourage mobile vendors. He commented on the current
trend for truck rallies, opining the City Marketplace property, which sat empty for
much of the year, would be an ideal location for same.
-
Ms. Tubbs countered the demographics in Boston were a far cry from those in Punta
Gorda. She advised the City Marketplace property was privately owned, adding a truck
rally organizer could certainly apply for a special event. She explained the proposed
regulations were directed toward those mobile vendors who wished to operate on a
regular basis.
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-
Mr. Thomas asked if the City's goal was to discourage or encourage mobile food truck
vendors. He cited as an example the vendor who typically set up at Palm Automotive,
asserting that vendor would now be required to obtain notarized authorization and file
a restrictive site plan.
-
Ms. Tubbs disagreed, explaining the vendor would simply need a business event,
which was done on a regular basis and involved a no-charge permit.
-
Ms. Matthews asked if the standard permit for a mobile vendor would be required
annually.
-
Ms. Tubbs replied the mobile vending application was required to be submitted with a
one-time fee, adding staff had proposed a dollar amount of $250, as was the case with
a Temporary Conditional Use permit. She explained staff would provide a technical
review and conduct a site visit if necessary. She stated vendors could elect to operate
at additional locations for a smaller fee. She clarified vendors would be required to pay
a Local Business Tax (LBT) annually; however, that was the case for any business.
-
Ms. Matthews suggested requiring an annual registration, which would include a list of
locations at which the vendor planned to operate but which could be amended as other
sites were added or removed.
-
Mr. Thomas argued each of those locations would require notarized permission from
the property owner and a site plan.
-
Mr. Zapke agreed with the idea of one application, one fee and an addendum for any
changes beyond same.
-
Consensus of the Commission was to recommend the regulations be simplified.
-
Mr. Don Smith spoke in opposition to the current regulations, asserting same
constituted protectionism.
STAFF COMMENTS
A.
Community Redevelopment Agency (CRA) Project Status Report
-
Mr. Counsil drew members' attention to the CRA Project Status Report, as delineated in
the agenda material, confirming there were no questions or comments.
B.
Fiscal Year 2017 Strategic Plan
-
Ms. Tubbs announced the City had initiated development of its Fiscal Year (FY) 2017
Strategic Plan, a copy of which was provided in the agenda packet. She advised City
Council was seeking input from various groups, including the City's advisory boards/
committees, in order to facilitate development of a potential list of strategic objectives
for the upcoming fiscal year. She noted input could be provided to the City Manager
from the Commission as a whole or from members individually.
-
Mr. Counsil commented he was always in awe of the magnitude of the Strategic Plan.
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-
Mr. Mitchell Austin, Urban Design Planner, then stated staff had anticipated presenting
the Future Land Use and Transportation Elements of the Comprehensive Plan to the
Commission for review this date; however, staff wished to first ensure all of the maps
in the Transportation Element were complete. He noted the bulk of the Future Land
Use Element was essentially complete with the exception of existing land use analysis,
specifically a Geographic Information System analysis of all of the development
patterns.
He explained recent annexations had changed the City's boundaries,
development in vacant land and the amount of preservation land.
-
Mr. Zapke commented the Comprehensive Plan would change on a regular basis due to
annexations.
-
Mr. Austin agreed, acknowledging land use had changed substantially over the past
eight years, noting the State typically reviewed Comprehensive Plans based on a seven
year window.
-
Mr. Counsil asked if bicycling was included in the Transportation Element.
-
Mr. Austin replied affirmatively.
-
Mr. Loughman asked if staff provided input to the Metropolitan Planning Organization.
-
Mr. Austin replied affirmatively.
ADJOURNMENT
-
Meeting Adjourned: 2:50 p.m.
______________________________
Charles Counsil, Chairman
_______________________________
Mary Kelly, Recording Secretary
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PLANNING COMMISSION
CITY OF PUNTA GORDA
8/22/2016
Print
Quasi-Judicial Public Hearings*
Title:
SE-04-16 – A request by Hans Wilson & Associates, Agent, for
Vent, LLC, Vivante at Punta Gorda Property Owner’s
Association, Inc., Palm Isles Condominium Development, LLC,
and Vivante at Punta Gorda Condominium Association, Inc.,
owners, for a Special Exception pursuant to Chapter 26, Section
16.8, Punta Gorda Code, to construct a private marina with up to
264 private dock slips for the sole use of the residents of the
Vivante development; to create a navigable channel connecting to
the Peace River through vacant common area on the North end of
the development, and to install a seawall along the lands abutting
the proposed channel, since none of these activities are
considered permitted uses or structures, but may be approved as
a Special Exception.
Funds:
N/A
Recommended Action:
Urban Design recommends approval, providing all other state
permits are approved.
Development Review Committee recommended approval of the
request, and noted that the applicant will be responsible for
moving any utilities that may be in the area of the proposed
channel.
Summary:
Criteria #(1) The proposed use will not adversely affect the use
of neighboring properties.
Finding #1: With the design of the proposed navigable
channel, the closest edge of the channel being at least 114
to 116 feet waterward of the existing shoreline and
condominiums, the boat traffic should have no negative
impact on existing conditions, within this boating
community. The proposed use will not adversely affect
the use of neighboring properties, and if approved will
have a positive impact on all properties that abut the
existing lake.
Additional permitting through the Southwest Florida
Management District, Florida Department of Environmental
Protection, National Marine Fisheries Service, US Fish and
Wildlife Service and Florida Fish and Wildlife
Conservation Commission is necessary. These agencies
will ensure all environmental and marine life concerns are
properly addressed.
Concern was raised that the lake is a City owned lake.
The City does not and never has owned the lake. The lake
is owned and maintained by the PGI Section 24 property
owner’s association per restrictive covenants recorded in
1984 by Punta Gorda Isles, Inc.
Criteria #(2) The use shall comply with applicable district
regulations and applicable provisions of the adopted
Comprehensive Plan and downtown plans.
Finding #2: The proposed use has no impact on the
downtown plan, and is consistent with the City of Punta
Gorda Comprehensive Plan, specifically;
Objective 2.1.4, “Punta Gorda will continue a
development pattern which is characterized by the location
of water dependent and water related uses in its waterfront
areas.”
Goal 2.2: Public Access: “To promote the City of Punta
Gorda as a “Boaters’ Destination” by enhancing public
access between the land and the waters of the State of
Florida for all residents and visitors of the City of Punta
Gorda based upon current and projected demand. “
Objective 2.2.1: Improve access from the waters of the
Peace River and the Charlotte Harbor to the City of Punta
Gorda by improving the number and quality of boat slips,
moorings and shore side support facilities for cruising
boaters.
Policy 2.2.1.1: The City shall promote joint
ventures, development or redevelopment of
projects which support design standards that
promote or improve public access from the Peace
River to the City.
Goal 2.5: Enhancement of the Viable Traditional Economy :
To enhance economic development opportunities within the City
of Punta Gorda that more fully connects the community to its
waterfront.
Objective 2.5.1: The City shall maintain and enhance its
traditional economy in the areas of boating, fishing and
tourism.
Policy 2.5.1.1: The City shall promote sport
fishing events and other similar activities.
Criteria #(3) The location, size and height of buildings
structures, walls and fences, and the nature and extent of
screening, buffering and landscaping shall be such that the use
will not hinder or discourage the appropriate development and
use of adjacent or nearby land and/or buildings.
Finding #3: No new buildings are proposed on the site.
The proposed docks are in the water, and are consistent
with the surrounding neighborhoods and other
waterways.
The proposed navigable channel will allow boat traffic to
access the harbor directly and will not impact boat traffic
in other existing canals. The maintenance of the lake,
seawalls and channel will remain the responsibility of the
property owners abutting the lake. This was denoted in
the Original Covenants and Restrictions for PGI Section
24 which were recorded in 1984.
The proposed jetty will be set at 1 foot below mean high
water line, and will only be exposed during low tide, and
will be marked with channel markers as required.
Therefore the jetty will not block any views of the water,
and the proposed channel will not hinder or discourage
the appropriate development and use of adjacent or
nearby land or buildings.
Environmental and lake water quality concerns have been
raised, and will be addressed by the applicant based on
the scientific environmental studies done of the area.
Criteria #(4) The proposed use will be such that pedestrian and
vehicular traffic generated will not be hazardous or conflict with
the existing and anticipated traffic in the neighborhood and on the
streets serving the site.
Finding #4. The proposed channel is approximately 116
feet waterward and away from the existing shoreline of
Colony Point Drive and the existing condominiums. The
community, by its very nature is a boating community,
and seeing boat traffic is commonplace.
No additional pedestrian or vehicular traffic will be
generated as the result of this request.
Concerns raised of a ‘boat super-highway’ that would be
created. In reality, only a small percentage of boat
owners use their boats on a daily basis. For those that
live on Tarpon Inlet, there are approximately 200 lots on
the north side of the bridge, not counting any of the boat
slips for the Colony Point condominium. How many
watercraft actually travel through Tarpon Inlet to the
harbor on any given day?
Conclusions
Based upon the findings presented above, the Punta Gorda
Urban Design Division offers the following conclusions leading to
its final staff recommendations.
Conclusion #1: The lake ownership and control was granted
by the Restrictive covenants for PGI Section 24. On page 5 of
the restrictive covenants for Punta Gorda Isles, Section 24,
recorded February 15, 1984, all lots and condominium units
which may be built upon lands immediately adjacent to the lake
shall have an undivided interest in all of the lake, which interest
shall be equivalent to the owners’ obligation to pay maintenance
thereon as set forth hereafter.
PGI Section 24 is not part of the PGI Canal Maintenance
District, and therefore the District would not be responsible
for any costs associated with the lake or seawalls.
Additionally, the covenants state that “Nothing shall
prohibit the Association or the majority of the adjacent unit
owners from seeking an outlet from the lake to the
harbor.” This was clearly contemplated in 1984, when
PGI Section 24 covenants were recorded.
The request complies with Policies, Goals and Objectives
of the City’s adopted Comprehensive plan.
The request meets the required criteria and the application
is in order.
EXHIBITS:
1.
2.
3.
4.
5.
6.
Notice of Public Hearing
SE-04-16 Application
Letter of Support
Letter of Objections
News Articles
Excerpt of 08122016 DRC meeting
Urban Design
SE-04-16 LETTER(S) SUPPORT
SE-04-16
LETTER OF SUPPORT
AS OF 08/15/2016
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Teri Tubbs
From:
Sent:
To:
Subject:
Attachments:
Howard Kunik
Wednesday, August 10, 2016 1:56 PM
Gary Wein; Kim Devine; Kim Devine (personal email); Nancy Prafke; Nancy Prafke
(personal email); Rachel Keesling; Tom Cavanaugh
Sheri Stewart; Teri Tubbs; Bob Peterson; Brad Gamblin ([email protected]); Jaha
Cummings ([email protected]); Lynne Matthews ([email protected])
FW: Fw: Vivante Marina
{0000005240160003508385451}_Marina Meetings.pdf
Follow Up Flag:
Flag Status:
Follow up
Flagged
Cc:
Howard Kunik City Manager City of Punta Gorda 941‐575‐3301 [email protected] From: [email protected] [mailto:[email protected]] Sent: Tuesday, August 9, 2016 8:25 PM To: Howard Kunik <[email protected]‐gorda.fl.us> Subject: Fwd: Fw: Vivante Marina From: [email protected] <[email protected]> Sent: Tuesday, August 9, 2016 12:45 PM Subject: Vivante Marina Greetings to all Vivante Owners, As November quickly approaches we look forward to seeing all of our northern residents return to Vivante. On the matter of the opening of Vivante Lake to Charlotte Harbor, I have attached a newspaper article for your reading pleasure and the posted Public Notice. As in any endeavor we have supporters and a few non supporters. We have 2 important meetings coming up regarding the city's approval process. The first is the Zoning Board which meets on August 22, 2016 at 2 pm, and the second in front of the City Council on September 21, 2016 at 9 am. Both will be held at the City Council Chambers at 326 West Marion Ave. 1
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We have 342 units here at Vivante, plus Trevi (proposed 144 units) and all of the lots along the west side of Colony Point Drive that would benefit greatly by having direct access to Charlotte Harbor. The venue for this meeting is not very large and I would suggest if you want a seat to arrive in ample time before the meeting starts. These 2 meetings allow folks to discuss the pros and cons for granting the Special Exception permit. I submit to each of you to please put these important meetings on your calendar. Vivante needs to have an overwhelming presence to show support for opening Vivante Lake to Charlotte Harbor. The more support we can show will demonstrate to the city that the will of our resolve is stronger than the opposition and make no mistake that the opposition is doing the exact same thing. They have passed around a petition with some very subjective information and some are outright non truths. In closing, let me ask each of you that are able to attend these important meetings to please do so. We get one shot to do this right!! We would be sadly mistaken not to see this as an opportunity of a life time!! To show unity, support and strength please wear a blue top or shirt to these meetings and bring as many folks, friends and family as you can!! If anyone has any questions, please contact Charlie Cheek at: 918‐798‐5559. Warm Regards, Tony Inabnitt, LCAM32334, CGC058034 Vivante 92 Vivante Blvd. Punta Gorda, Florida 33950 2
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SE-04-16 - LETTER(S) OF OBJECTION
SE-04-16
LETTER(S) OF OBJECTION
AS OF 08/15/2016
Page 1 of 34
Page 2 of 34
Teri Tubbs
From:
Sent:
To:
Subject:
Attachments:
Howard Kunik
Wednesday, July 27, 2016 1:51 PM
Teri Tubbs
FW: Objections to the Special Exception Application Submission # SE-04-16 Filed by
VENT LLC
Colony Pt Street view.JPG; Colony Pt sunset view.JPG; Mangroves.jpeg; VENT proposal
objections.pdf; SE-04-16-REVISED application_Vivante Cut Thru.pdf
Howard Kunik City Manager City of Punta Gorda 941‐575‐3301 [email protected] From: Tom Cavanaugh Sent: Wednesday, July 27, 2016 12:24 PM To: citymgr <[email protected]‐GORDA.FL.US> Subject: FW: Objections to the Special Exception Application Submission # SE‐04‐16 Filed by VENT LLC Not sure if you got this. From: Teresa Pollock [mailto:[email protected]] Sent: Wednesday, July 27, 2016 11:11 AM Cc: Bob Pollock <[email protected]> Subject: Objections to the Special Exception Application Submission # SE‐04‐16 Filed by VENT LLC Dear Council Member,
We are contacting you as concerned Punta Gorda property owners to respectfully request your
support in denying the recent application submitted by VENT, LLC to develop a marina and Charlotte
Harbor access point at the Vivante Lake property. We and many of our neighbors are vehemently
opposed to the proposed plan. Our community is obtaining petition signatures to communicate our
concerns on the matter.
We have attached a memorandum describing the nature of our objections, a copy of the VENT, LLC
application, and photographs of the site for your information and consideration.
We will contact you by phone to discuss this matter, and look forward to your support.
Thank you,
Bob and Terri Pollock, 28 Colony Point Drive
1
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MEMOTO:TheCityPlanningCommissionandCityCouncilofPuntaGorda,FL
FROM:ConcernedResidents‐ColonyPointDrive
DATE:July27,2016
RE:ObjectionstotheSpecialExceptionApplicationSubmission#SE‐04‐16Filed
WiththeCityofPuntaGorda,FLZoningandCodeComplianceDepartment
WeareprovidingthismemorandumtothePuntaGordacityofficialstoformally
documentourextremeoppositiontotherecentrequestfiledbyVENT,LLC.toalter
theexistinglandareaatthenorthernpointofVivanteLakewestofColonyPoint
Drive,dredgeaboatingchannelinCharlotteHarborimmediatelywestofColony
Point,andconstructariprapbreakwater/rockjettyalongthewesternshore.We
understandtheapplicant’sobjectiveistocreatemarinaspaceinthecurrentlyland‐
lockedVivanteLakeandcreateartificialaccesstoCharlotteHarbor.Wehavebeen
toldthatVENT,LLCandaffiliatedentitiesintendtoconstructa264slipmarinain
thelake,erectnewcondominiumbuildingsaroundthelake,andpresumablysellthe
marinaslipstotheexistingandnewVivantecondominiumownersforaprofit.
AspropertyownersandtaxpayersinPuntaGorda,weobjecttotheharmthatwould
becausedtothecommunity,theenvironment,andtouspersonallyfromthis
proposedproject.WerespectfullyrequestyoudenytheVENT,LLCapplicationfor
thefollowingreasons:
EnvironmentalDamage
Theareaproposedforlandremovalconsistsofsomeofthelastremaining
undevelopedandmangrovedshorelineborderingtheCharlotteHarborestuarynear
themouthofthePeaceRiver.Theproposedboatingchannelwouldbeduginavery
shallowandprotectednaturalbayareaontheHarborthatiscurrentlyfreeof
virtuallyallmotorboatactivity.
Themangrovesprovidedocumentedprotectiontothecoast,guardagainsterosion
andweatherevents,andalsoprovidenaturalfiltrationtothecoastalwaters.
Mangrovesserveasvaluablenurseryareasforbirds,fishandinvertebrates,and
providearefugeformanyspeciesfrompredators.Forthesereasons,mangroves
areprotectedunderseveralstateandlocallawsandordinances.
Thespecifictargetedmangrovesandshoreareaproposedforeliminationarevisibly
occupiedbymyriadspeciesofwildlife,andareathrivingnestingandnurseryarea
forseveralspeciesofbirdsandotheranimals,includingtheendangeredhorseshoe
crabandmanatee.Annually,thehorseshoecrabsusethesmallbeachinthe
targetedareaasabreedingground.Thisareaisnaturallysuitedforwildlifedueto
itsshallow,calm,andprotectedwaters,freefromboattraffic.Manateefamilies
currentlythriveinthisshallowprotectedwater,andwouldbeforcedintodeeper
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waterswithheavyboattraffic.Theremovalofthemangrovesandshorelinewould
causeirreparabledamagetothisnaturalwildlifehabitat,andincreasethe
vulnerabilityofthesurroundinghomesandstreetstoerosion,stormdamageand
flooding.
Inaddition,theVivanteLakebasinhousingtheproposedmarinaspaceconsistsofa
largefreshwaterpondthatwouldnowfeedintoandpotentiallypollutethebrackish
waterofthebay.Athoroughscientificevaluationoftheenvironmentalimpactof
thiswouldbenecessarytoconsiderpossibletaintingofthebay,theimpacton
naturalsalinelevelsandtidalflows,andothertoxicimpactsthatcouldcausefurther
detrimenttofishandotherwildlife.TheVivantepropertyisaheavilylandscaped
complex,andtherunoffoffertilizersandpesticidesintothebasincouldleachtoxins
thatwouldjeopardizethefish,crab,manatee,dolphinandbirdpopulations.We
understandthatatonepointseveralyearsagothestockedfishpopulationofthe
VivanteLakeperishedforunknownreasons.Validconcernsalsoexistregarding
potentialtriggerstoalgeagrowth,givenwhathasrecentlyplaguedmanycoastal
areasofsouthernFlorida.
AestheticHarmtotheCommunity
Theareaproposedforerectionofthechannelandbreakwatercurrentlyoffersa
beautifulunobstructedwesternviewoftheharborfromColonyPointDriveandfor
theresidentsofthatstreetandtheColonyPointcondominiumcomplex.Colony
PointDriveisapublicstreetandisunoccupiedonitsnorthwesternshore.
CommunityresidentsandvisitorstoPuntaGordafrequentlybicycle,walk,jogand
drivetothisstreetforthisuniqueopenvistaandtoviewandphotographthe
breathtakingsunsetsacrossthenaturalundisturbedbay.Thislocationisoneof
onlytwowesternfacingopenwaterviewswithpublicaccessinPuntaGorda(the
otherbeingatPonceDeLeonPark).Theerectionofamonstrous860footrock
jetty/breakwateracrosstheentirewesternexpanseofbay,additionof12channel
markerposts,andlightsnecessaryforsafetywouldforeveralterthebeautyofthis
areaanddeprivetheentirecommunityofthisnaturalattraction.
Inaddition,thisareaisuniquelystill,quietandpeaceful,andtheboattrafficfrom
theapproximately300boatslipswouldcreateexcessivenoiseandturbulencein
thiscurrentlyserenearea.
Thisprojectessentiallyestablishesamonstrous,unsightly,loud,andunsafeboat
superhighwayinwhatisnowapristineandbeautifulnaturalpublicresource,solely
forthefinancialbenefitofcommercialinterestsandafewselectpropertyowners.
CreationofanArtificialLandmark
Thediggingofthechannelanderectionofthebreakwaterislikelytodrawother
fishingandboattrafficbeyondthatoftheVivantemarinaownerstoanareathatis
currentlycalm,shallow,andlargelyoutsideofnormalfishinggrounds.
Page 5 of 34
ThisartificialeyesoreandresultingtrafficwillservetodeprivetheentirePunta
Gordacommunityoftheenjoymentofwhatisnowanundisturbednaturalareaand
disturbexistingpropertyownersonColonyPointDrivewithexcessivenoise.
Theattractionofboattraffictothisserenebaywillalsodisturbthenestinghabitsof
crab,manatee,ducks,andotherwaterfowlandshorebirdsthatcurrentlyenjoythe
shallow,calmandundisturbedwatersofthelocation.
Safety
Theareaproposedforthedredgingofthechannelanderectionofthebarrier
breakwaterarefrequentlyusedbyresidentsofPuntaGordaIslesforkayaking,
paddleboarding,andotherrecreationalactivities.Theareaisthenaturalexitpoint
forthecanalsinthenorthwesternsectionoftheIsles.Thisareacurrentlyallows
kayakersandboarderstoremaininshallowcalmwaterneartotheshorelineina
safefashion.Theproposedplanwouldrequirekayakersandboarderstodivertfar
fromshoreintodeepandwavywatersthatposedangerofcapsizingorcollisionand
potentialforinjuryorlossoflife.
Inaddition,theerectionofthebreakwaterwouldcreateacollisionhazardfor
fisherman,jetskisandotherboatersintheharbor.Withoutadditionofunsightly
lightingandmarkersalongthewall,itwouldbeveryeasyforvesselstooverlookthe
structureandresultinaccidents.
FinancialDamagetoColonyPointPropertyOwners
TheresidentsofColonyPointcondominiumsandColonyPointDrivehavepaid
premiumpricesfortheiruniquepropertieslocatedinfrontofthissilent,calm,and
beautifulareawithopenwesternviewsofthesky,harborandmangroveareas.The
alterationofthispristineviewandcalm,quietspacewillresultinsharpdeclinesin
thevalueoftheproperties.Thisunjustlyharmstheeconomicinterestsofthese
citizens,fortheenrichmentoftheVENT,LLCdevelopersandresidentsofVivante.
TheVivantecomplexwasbuiltdecadesagoasalandlockedcomplexwithno
boatingaccess.Itspropertyownersneveracquiredtheirpropertieswithany
legitimateexpectationofobtainingsuchaccessatanyfuturedate.
Ongoingfinancialrisk
Itispresumedthattheinitialconstructioncostsoftheprojectwouldbeborneby
VENT,LLC.Itisunclearwhetheranyassurancesareinplacethattheongoing
maintenanceandrepairofthechannelwouldbebornebytheVivanteresidents.
Evenwithassurancesoftheirintentiontopay,therestoftheCommunityis
financiallyatriskshouldVivantebeunableto.Itwouldbeinappropriateforthe
Cityandtaxpayerstoassumeanyfinancialriskforsupportofaninfrastructure
elementthatbenefitsonlyacommercialenterpriseandafewprivatecitizens.
Page 6 of 34
TimingofVENT,LLCApplication
ThesubmissionofthezoningapplicationonJune5fordiscussionatanAugust
planningmeetingsetsthestagetohavetheproposalconsideredwithouttherightful
inputofthemanyseasonalresidentsofPuntaGorda,whogenerallydepartfortheir
northernhomesbetweenMemorialandLaborDay.Itwouldbeinappropriateto
approvesuchacontroversialapplicationwithouttheopportunityforthemany
seasonalresidentsimpactedbytheprojecttoexpresstheirviewstotheCommission
andCouncilatpublicmeetings.
ConflictwithCityofPuntaGordaCriterionforSpecialExceptions
TheCityofPuntaGordaspecialexceptionprocessprovidesthefollowingcriterion
totheCityCouncilandzoningauthoritiestoconsiderwhenaskedtogrant
exceptionstozoning:
“BeforegrantingaSpecialException,followingcriteriamustfirstdeterminethatthe
proposeduse:
1. Theproposedusewillnotadverselyaffecttheuseofneighboringproperties
2. The use shall comply with applicable district regulations and applicable
provisionsoftheadoptedComprehensivePlananddowntownplans
3. Thelocation,sizeandheightofbuildingsstructures,wallsandfences,andthe
natureandextentofscreening,bufferingandlandscapingshallbesuchthat
theusewillnothinderordiscouragetheappropriatedevelopmentanduseof
adjacentornearbylandand/orbuildings
4. Theproposedusewillbesuchthatpedestrianandvehiculartrafficgenerated
willnotbehazardousorconflictwiththeexistingandanticipatedtrafficinthe
neighborhoodandonthestreetsservingthesite”
Webelievethatthenegativeaesthetic,environmentalandsafetyimpactsofthe
proposedprojectareinclearconflictwithcriterion1and3listedabove,andfor
thesereasons,theVENT,LLCrequestshouldclearlybedenied.
Wesincerelyappreciateyoursupportofoureffortstopreservethisspecialplacein
PuntaGorda.
RobertM.andTeresaL.Pollock,28ColonyPointDrive
Page 7 of 34
Page 8 of 34
Page 9 of 34
Page 10 of 34
Teri Tubbs
From:
Sent:
To:
Cc:
Subject:
Teri Tubbs
Monday, July 11, 2016 10:40 AM
'Michael Tisch'; Johanna Shifflette
Hans Wilson
FW: Vivante - Colony Point Condo concerns
Importance:
High
Good Morning –
I just wanted to make you aware of some concerns raised by some of the residents of Colony Point
Condominiums as they will likely be an attendance at the public hearings.
1.
Concern that there will be a negative impact on the dolphins that (I’m told) feed near the area
that the channel is planned.
2.
Concern that this will become a watercraft ‘highway’ with over 400 boats using it.
3.
Want the cut to be further west of where proposed and then directed towards Ponce channel
See email below with more concerns. Staff would not be able to answer most of the
comments/concerns, especially as to impacts to the environment and wildlife. I am of the
understanding that those are items your office has researched and will be able to address at the
meetings.
Respectfully,
Teri Tubbs,
Interim Urban Design Manager
[email protected]
Please note: Florida has a very broad public records law. Most written communications to City officials regarding City business are public records available to the public and media upon request. Your e‐mail communications may be subject to public disclosure From: Howard Kunik Sent: Sunday, July 10, 2016 7:50 PM To: Teri Tubbs <[email protected]‐gorda.fl.us>; Rick Keeney <[email protected]‐gorda.fl.us> Subject: Fwd: Vivante Sent from my Verizon 4G LTE smartphone
-------- Original message -------From: Tom Cavanaugh <[email protected]>
Date: 7/10/16 6:52 PM (GMT-05:00)
To: citymgr <[email protected]>
Subject: FW: Vivante
Howard, what do you know about this?
1
Page 11 of 34
From: Nancy McClary [mailto:[email protected]] Sent: Sunday, July 10, 2016 5:25 PM To: Tom Cavanaugh <[email protected]‐gorda.fl.us>; Nancy Prafke <[email protected]‐gorda.fl.us> Subject: FW: Vivante
HI Tom and Nancy
As discussed today at Wally World, Tom – here’s what I know. Nancy and
Tom - The condo I had for sale is sold but I continue to be on their mailing
list. Please let me know if either of you want me to forward the emails.
Happy Sunday
Nancy
From: [email protected] [mailto:[email protected]] Sent: Sunday, July 10, 2016 6:23 AM To: [email protected]; Price, J <[email protected]>; Bouton, Ed <[email protected]>; Dalton, D <[email protected]>; Farkas, F <[email protected]>; Markey, M <[email protected]>; Markey, K <[email protected]>; Moore, T <[email protected]>; Katzav, A <[email protected]>; Burkhart, M <[email protected]>; Dalton, J <[email protected]>; DeLong, B <[email protected]>; DeLong, P <[email protected]>; Dube, D <[email protected]>; Farkas, C <[email protected]>; Fleury, L <[email protected]>; Ahrndt, T <[email protected]>; Katzav, B <[email protected]>; Kaufman, L <[email protected]>; Kershner, J <[email protected]>; Kleiber, B <[email protected]>; Koster, E <[email protected]>; Kudis, B <[email protected]>; Kumpf, B <[email protected]>; Laco, J <[email protected]>; Ladd, B <[email protected]>; Lindenauer, C <[email protected]>; Locasio, G <[email protected]>; Mack, M <[email protected]>; Maier, H <[email protected]>; Mason, JM <[email protected]>; Mastragostino, K <[email protected]>; McClary, N <[email protected]>; Baker, D <[email protected]>; Burkhart, K <[email protected]>; Michas, W <[email protected]>; Miller, C <[email protected]>; Nunn, L. <[email protected]>; Pratt, M <[email protected]>; Pratt, R <[email protected]>; Rice, R <[email protected]>; Richardson, L <[email protected]>; Roberts, Stacy <[email protected]>; Robinson, Craig <[email protected]>; Robinson, S <[email protected]>; Schwartz, Ava <[email protected]>; Rugg, S <[email protected]>; Sims, B <[email protected]>; Steinbaugh, E <[email protected]>; Swayze, B <[email protected]>; Swope, D <[email protected]>; Tharp, B <[email protected]>; Tharp, R <[email protected]>; Wanamaker, R <[email protected]>; Warfield, J <[email protected]>; Young, B <[email protected]>; Zechlinski, P <[email protected]>; Zechlinski, J <[email protected]>; Wahlrab, M <[email protected]>; Wright, L <[email protected]>; Anderson, R <[email protected]>; Bevans, D <[email protected]>; Cash, S <[email protected]>; Clark, M <[email protected]>; Crispin, R <[email protected]>; Difini, Enid <[email protected]>; Fredrickson, J <[email protected]>; Garraway, W <sea‐[email protected]>; Hazeltine, M <[email protected]>; Henrie, M <[email protected]>; Kleiber, K <[email protected]>; Moore, C <[email protected]>; Miller, S <[email protected]>; Mason, J <[email protected]>; [email protected]; Thierstein, A <[email protected]>; Ackerman, W <[email protected]>; Lakner, G <[email protected]>; Stahl, W <[email protected]>; Norwood, Thomas <[email protected]> Subject: RE: Vivante
Vince:
There are some questions that need to be asked:
2
Page 12 of 34
1. Why doesn't Vivante leave the mangrove next to us intact, move the channel to the West and then turn the channel also West to join up with the existing Ponce de Leon channel? That would eliminate the impact on us. This needs to be explored.
2. If a channel is proposed to be dredged in front of us, Vivante should pay for a professional environmental assessment by a consultant approved by us, addressing the impacts on the marine wildlife in front of us. 3. What are the environmental regulations, both State and local concerning cutting through the mangrove and what permits are required? Have applications been made to the local and State environmental authorities and have permits been issued? 4. Have the local environmental watchdog organizations (in particular marine wildlife) been notified about this proposal? Would you please provide me with names of these organizations?
5. What does the plan look like for the boat slips? Will the pond to the West turn from a pond with a fountain into a large marina?
in closing, are you planning an imminent Board meeting and if so please arrange for appropriate technology so those interested who cannot attend in person can link in.
Thanking you in advance,
Shelley
Date: Fri, 8 Jul 2016 14:57:27 +0000 From: [email protected] To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; sea‐
[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Vivante
3
Page 13 of 34
Dear Unit Owners
Vivante is planning to provide access to Charlotte harbor from their present landlocked lakes by
cutting through the mangroves adjacent to Colony Point Drive and dredging a channel around our
condominium to Tarpon Inlet. A layout is attached for reference.
The channel would exit Vivante property in a northerly direction then turn easterly and proceed to its
entrance in Tarpon Inlet. A breakwater would be constructed about 200 ft off our westerly shore and
proceed to around 270 ft.into the harbor from our northwest corner. The channel width is 89-99ft and
its innermost boundary would be slightly greater than 100 ft offshore. The eastern channel boundary
would contain channel markers, probably flashing (my guess). I have been told that Vivante is
planning to provide 300 to 400 slips for their residents usage.
Tom Moore has contacted the PG Zoning Board and has been told that a PG Zoning Board meeting
could take place on 22 August to to discuss a Vivante special use permit to open up their water to the
harbor.
A meeting of Colony Point Drive homeowners is planned for 3:30pm Sunday July 10 at 80 Colony
Point Drive. An invitation to Condominium owners is posted on the Office Door. This meeting will
introduce a candidate for election to City Council but it is also hoped that owners may express their
ideas about the cut through to this person.
Owners are urged to attend these meetings if possible so that we may all learn what is planned and
also have the opportunity to voice their respective opinions.
Finally, Vivante management has suggested a get together with our owners at our convenience
(probably during or after a Board Meeting) at which time they would present their plans and answer
any questions we may have.
We are all deeply interested in the Vivante plans and the impact their project could have on life at
Colony Point.
Pertinent information will be presented as available.
Regards
Vincent Difini
President
Colony Point Inc.
4
Page 14 of 34
Teri Tubbs
From:
Sent:
To:
Cc:
Subject:
Attachments:
Bill Kaufman <[email protected]>
Thursday, July 28, 2016 5:25 PM
Teri Tubbs
[email protected]
FW: Message from "RNP002673B7445E"
20160728141318202.pdf
Follow Up Flag:
Flag Status:
Follow up
Flagged
Greeting from Colony Point Condominiums 1 Colony Point Dr. Punta Gorda, Florida
This is your invitation to our press conference explaining our position on the Special Exception
Application #SE-04-16 (Cut-Thru), being made by Vent, LLC.
Vent, LLC seeks to construct a Private Marina only to be used by the property owners of Vivante at
Punta Gorda, Florida on a city owned lake. A navigable channel by extending the existing water
feature into the Peace River (Charlotte Harbor).
This requires approval of applicable submerged lands lease and dredging permits from the city.
A press conference will be held Tuesday August 2nd at 10:30 am at 1 Colony Point Dr. (Clubhouse) in
Punta Gorda, Florida.
Attached are two (2) letters explaining the views of The Colony Point Board of Directors as well as
neighbors on Colony Point Drive.
Best Regards,
Bill Kaufman
Spokesperson for Colony Point Condominiums
[email protected] 615-948-3213
1
Page 15 of 34
Page 16 of 34
Teri Tubbs
From:
Sent:
To:
Cc:
Subject:
Attachments:
Teri Tubbs
'[email protected]'
Howard Kunik; 'Rachel Keesling'; Kim Devine ([email protected]); Nancy Prafke; Tom
Cavanaugh; Gary Wein
RE: Letter of Protest
quasi judicial opinion-resolution.pdf
Dear Mr. Difini:
We are in receipt of your letter and are aware of your concerns.
The Public Hearing for the project will be discussed at the August 22nd Planning Commission meeting
and the September 21st City Council Meeting. These hearings are quasi-judicial in nature, and
therefore all testimony and comments need to be on the record at the meeting.
We encourage you to attend, as well as any of your neighbors who may have concerns or questions
regarding the proposed project, so their concerns can be considered as part of the quasi-judicial
public hearing process.
As the hearings are quasi-judicial in nature, the project should not be discussed with any member of
the decision making board, the City Council members, prior to the hearings. I have attached the
Resolution that covers this topic.
If you have any questions, or need anything additional, please feel free to contact me.
Respectfully,
Teri Tubbs,
[email protected]
Please note: Florida has a very broad public records law. Most written communications to City officials regarding City business are public records available to the public and media upon request. Your e‐mail communications may be subject to public disclosure From: Howard Kunik Sent: Wednesday, August 3, 2016 12:40 PM To: Teri Tubbs <[email protected]‐gorda.fl.us> Subject: FW: Letter of Protest Please respond and copy Council and Candidates letting them know (albeit they most likely do know) of the dates and times for the Planning Commission and Council hearings. They should attend and voice their concerns, especially Council since it will be quasi judicial. Howard Kunik City Manager City of Punta Gorda 941‐575‐3301 [email protected] 1
Page 17 of 34
From: Rachel Keesling Sent: Wednesday, August 3, 2016 11:26 AM To: Howard Kunik <[email protected]‐gorda.fl.us> Subject: Fwd: Letter of Protest Begin forwarded message:
From: [email protected]
Subject: Letter of Protest
Date: August 3, 2016 at 6:20:06 AM EDT
To: [email protected]
Dear Ms Keesling
As you know Vent, LLC. is proposing to connect the lake adjacent to Colony Point Drive
to Charlotte Harbor. A layout of the channel is attached.
A letter of protest has been prepared by the owners of Colony Point Condominiums and
is also attached for your review and retention.
Please read it so you may know and understand our feelings on the matter.
Thank you for your time and attention.
Sincerely
Vincent Difini
President, Colony Point Inc.
2
Page 18 of 34
Teri Tubbs
From:
Sent:
To:
Subject:
Sheri Stewart
Teri Tubbs
FW: For the Record: Reporting a Contact,
For your records. This message is also filed within the Public Hearing file. Sheri Stewart, CMC
ツ
Deputy City Clerk
City of Punta Gorda
[email protected] (941) 575-3369 Please note: Florida has a very broad public records law. Most written communications to City officials regarding City business are public records available
to the public and media upon request. Your e-mail communications may be subject to public disclosure.
 Please consider the environment before printing this e-mail.
From: Charles Counsil [mailto:[email protected]]
Sent: Wednesday, August 03, 2016 1:32 PM
To: Karen Smith
Subject: For the Record: Reporting a Contact,
Karen:
For the record I want to report the following contact:
On 7/26/16 I was contacted via e-mail and a telephone call by Bob Pollock representing a group of
home owners at Colony point, and concerning the request by VENT, LLC (Vivante) to establish a “cut
through” to Charlotte Harbor. The information and call was directed to me as Chair of the planning
Commission. I advised Mr. Pollock that as a citizen he has the right to contact Commission members.
But, I pointed out that I or any member of the Commission could only consider in any deliberation,
written information or testimony presented under oath in an open forum. I refused to discuss any
objections he wished to cite regarding the request by VENT, LLC.
Thank you,
Charlie
Charles Counsil
[email protected]
1
Page 19 of 34
Page 20 of 34
Teri Tubbs
From:
Sent:
To:
Subject:
Attachments:
Memo To:
Mary Henrie <[email protected]>
Saturday, August 6, 2016 1:15 PM
Teri Tubbs
Objection to Vent, LLC Proposed Cut Through #SE-04-16
Vivante1ProChannelLayout6-21-16 (1) (1).pdf
Teri Tubbs, Interim Urban Design Manager, Punta Gorda, Florida
From:
Mary Henrie, Colony Point Condominiums, Punta Gorda, Florida
Date:
August 8, 2016
Re:
Objection to the Special Exception Application Submission #SE-04-16
Compliance
Filed with the City of Punta Gorda, FL, Zoning Code
Department
As a full time resident of Colony Point Condominiums I am adamantly opposed to the proposed cut through by
Vivanti Condominiums into the Charlotte Harbor for the following environmental and safety reasons.
1. The proposed cut would require dredging of the very shallow waters along the shoreline of the Peace River.
The shallowness of the water can be seen from the attached field layout of the proposed channel. At low tide
heron and egret wade 100 yards into the river to catch food. During breeding season hundreds of horseshoe
crabs congregate along the sandy shoreline. Daily, dozens of ducks are seen dabbling for food in the shallow
waters. These are all sights I can see along the shoreline. What other flora and fauna beneath the water would
also be affected if this cut through is allowed to take place.
2. The seawall surrounding the Vivanti lake appears to be lower than the seawall along the city seawall along
the Colony Point Condominiums. If this cut through is permitted, would high storm waters from the Peace
River flood over the Vivanti wall and damage properties along the west side of Colony Point Drive?
1
Page 21 of 34
3. The Vivanti plan calls for a 860 foot breakwater which would be submerged during high tide. Even if
marked with lighted posts, it would be a disaster waiting to happen if kayakers or boaters strike the submerged
wall.
For all of the above listed reasons I personally object to permitting of Vivanti's cut through to Charlotte Harbor.
Sincerely,
Mary Henrie
1 Colony Point Drive, 11C
Punta Gorda, FL 33950
phone:
941-249-3020
Attachment:
1
2
Page 22 of 34
Teri Tubbs
From:
Sent:
To:
Cc:
Subject:
Howard Kunik
Monday, August 8, 2016 7:06 AM
(personal email); Rachel Keesling; Tom Cavanaugh
Sheri Stewart; Teri Tubbs; Bob Peterson; Brad Gamblin ([email protected]); Jaha
Cummings ([email protected]); Lynne Matthews ([email protected])
FW: Vivanti Cut Through
Howard Kunik City Manager City of Punta Gorda 941‐575‐3301 [email protected] From: City of Punta Gorda, FL [mailto:[email protected]‐gorda.fl.us] Sent: Sunday, August 7, 2016 9:45 PM To: Howard Kunik <[email protected]‐gorda.fl.us> Subject: Email contact from City of Punta Gorda, FL Message submitted from the <City of Punta Gorda, FL> website.
Site Visitor Name: Larry Holden
Site Visitor Email: [email protected]
Please forward to the appropriate decision makers on the absurd cut through at Vivante. The wetlands Act of
circa 1970 prohibited addition dredging through wet lands in order to preserve wildlife habitat and prevent
wholesale destruction of mangroves etc. That has been enforced to the benefit of our harbor and all sorts of
wildlife since the '70's. Development and purchases of condos have been planned and executed with those
appropriate limitations in place. To even consider tossing out the law to build 264 marina slips which are
absolutely unneeded by the community only to provide a windfall profit to a developer and condo owners is
unconscionable. The cut would destroy a huge mangrove wildlife area for the sake of absolutely unnecessary
dredging for the windfall profit of a few recent arrivals to our community.
1
Page 23 of 34
Teri Tubbs
From:
Sent:
To:
Cc:
Subject:
Howard Kunik
Monday, August 8, 2016 1:54 PM
(personal email); Rachel Keesling; Tom Cavanaugh; Bob Peterson; Brad Gamblin
([email protected]); Jaha Cummings ([email protected]); Lynne Matthews
([email protected])
Sheri Stewart; Teri Tubbs
FW: Comment on Vivante project
Howard Kunik
City Manager
City of Punta Gorda
941-575-3301
[email protected]
-----Original Message----From: Nancy Prafke
Sent: Monday, August 8, 2016 1:49 PM
To: citymgr <[email protected]>
Subject: Comment on Vivante project
-----Original Message----From: [email protected] [mailto:[email protected]]
Sent: Monday, August 8, 2016 12:15 PM
To: Nancy Prafke <[email protected]>
Subject: Re: Week-endingÂ Aug. 5 Punta Gorda news from Nancy Prafke
Hi Nancy,
As usual, thanks for the update.
Just wanted to let you know that I'm in total support of the Vivante cut to the harbor. I read the nice
editorial in todays paper on it and couldn't agree more. I'm sure that you might be getting some
negative backlash from the Colony Pt condo owners, but I feel they are very shortsighted on there
view and they don't realize the positive impact it will have on the area as a whole.
Thanks again for your updates and for being so dedicated to your job on the Council.
Bill & Laurie Scully
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1
From:
To:
Subject:
Date:
Attachments:
Importance:
Page 24 of 34
Teri Tubbs
Julie Ryan; Macalle Finkle
FW: [Quarantined by Barracuda Spam Firewall] Special Exemption SE-04-16
Wednesday, August 10, 2016 10:28:58 AM
Attachment C.doc
Low
Please see below regarding the sign & mailings. It appears Mary Kelly was copied on
the email. Respectfully,
Teri Tubbs,
[email protected]
Please note: Florida has a very broad public records law. Most written communications to City officials regarding City
business are public records available to the public and media upon request. Your e-mail communications may be subject
to public disclosure
From: A1 Property Preservation [mailto:[email protected]]
Sent: Wednesday, August 10, 2016 9:50 AM
To: Teri Tubbs <[email protected]>; Lisa Hannon <[email protected]>;
District_1 <[email protected]>; Mary Kelly <[email protected]>; District_4
<[email protected]>; District_2 <[email protected]>; District_3 <[email protected]>; District_5 <[email protected]>; Gary Wein <[email protected]>;
[email protected]; [email protected]; [email protected]; [email protected];
[email protected]
Subject: [Quarantined by Barracuda Spam Firewall] Special Exemption SE-04-16
Importance: Low
Re: Vent LLC Special Exemption
To All Concerned City Council and Planning Commission;
1. Public Notice signage - Colony Point cul-de-sac.
Kindly advise as to why there is only a photo of the proposed marina on the signage,
not the proposed channel as this is clearly misleading. (Attachment A)
2. Notice of Public Hearing mailing Kindly advise as to why only a handful of Colony Point Residence were mailed this
notice as this project would effect all of Colony Point, as well as, the residence
that utilize Tarpon Inlet for boating access. Per my conversation with Mary Kelly
(City of PG) 8/10/16 9:15am, Florida State requires all properties within 200' to be
notified. Only the properties highlighted yellow were sent this mailing. The proposed
plan would alter the views of all property owners on Colony Point due to both
the proposed Marina and channel within the State mandated 200'. This would also
effect all boaters that utilize the current Tarpon Inlet as the proposed channel would
Page 25 of 34
intersect with this inlet. (Attachment B)
3. Decreased property value Please find attached letter from John Del Sasso, Licensed Sales Associate regarding
the potential property value decrease per Special Exemption requirements 1 and 3.
(Attachment C) 4. Petition Please find the following link to the petition to stop the Vivante cut through as after
only nine days, there are 660 local signatures and over 6,800 globally. Kindly review
the comments from local residents, boat captains and
fisherman: http://www.care2.com/go/z/e/AVPiX/zoyY/CqXjr
Kindly review and advise at your earliest convenience.
Sincerely,
Catherine Mabie
44 Colony Point Drive
Vice President
A1 Property Preservation, Inc.
(941) 815-7000
Certified Residential Contractor CRC1331282
Page 26 of 34
Page 27 of 34
Page 28 of 34
Kenneth and Catherine Mabie
44 Colony Point Dr.
August 1, 2016
Re: Channel Vent LLC. Vivante Private Marina
Dear Mr & Mrs Mabie.
I have reviewed the plans for the channel cut through from Vivanti to open
water known as Vent LLC. Vivante Private Marina. Your home located at 44
Colony Point Drive currently as well as several others will be adversely
affected by the proposed change. Your current frontal view from your home
is direct line of sight to the North End of Charlotte Harbor. If this proposed
change were implemented your view would be permanently altered and
your line of sight would be channel marker signs and a rip- rap barrier,
virtually obstructing/changing your current view. While it’s impossible to
establish the exact amount of market value loss to your home, even a 15 to
20 % loss would be substantial. In my best opinion a 15% loss would easily be
$225,000.
John M. Del Sasso
Sales Associate
Century 21
Aztec & Associates
4456 Tamiami Trail
Charlotte Harbor, FL 33980
Business (941)629-3188
Toll Free (800)881-9437
Fax: (941)625-5244
Cellular (941)726-6539
[email protected]
From:
To:
Subject:
Date:
Attachments:
Page 29 of 34
Cherry Prewitt
Julie Ryan; Teri Tubbs
FW: Objection to Vent, LLC Proposed Cut Through #SE-04-16
Monday, August 08, 2016 8:30:44 AM
Vivante1ProChannelLayout6-21-16 (1) (1).pdf
Cherry
Cherry Cash Prewitt, Planner
City of Punta Gorda
Urban Design
941-575-3373
P Please consider the environment before printing this e-mail.
Please note: Florida has a very broad public records law. Most written
communications to City officials regarding City business are public records
available to the public and media upon request. Your e-mail communications may
be subject to public disclosure.
From: Mary Henrie [mailto:[email protected]]
Sent: Saturday, August 6, 2016 9:25 PM
To: Growth Management <[email protected]>
Subject: Objection to Vent, LLC Proposed Cut Through #SE-04-16
Memo To: Members of the Punta Gorda Urban Design Committee
From: Mary Henrie, Colony Point Condominiums, Punta Gorda, Florida
Date: August 8, 2016
Re: Objection to the Special Exception Application Submission #SE-04-16
Filed with the City of Punta Gorda, FL, Zoning Code Compliance
Department
As a full time resident of Colony Point Condominiums I am adamantly opposed to the
proposed cut through by Vivanti Condominiums into the Charlotte Harbor for the following
environmental and safety reasons.
1. The proposed cut would require dredging of the very shallow waters along the shoreline of
the Peace River. The shallowness of the water can be seen from the attached field layout of
the proposed channel. At low tide heron and egret wade 100 yards into the river to catch food.
During breeding season hundreds of horseshoe crabs congregate along the sandy shoreline. SE-04-16 - LETTER(S) OF OBJECTION
Page 30 of 34
Daily, dozens of ducks are seen dabbling for food in the shallow waters. These are all sights I
can see along the shoreline. What other flora and fauna beneath the water would also be
affected if this cut through is allowed to take place.
2. The seawall surrounding the Vivanti lake appears to be lower than the seawall along the
city seawall along the Colony Point Condominiums. If this cut through is permitted, would
high storm waters from the Peace River flood over the Vivanti wall and damage properties
along the west side of Colony Point Drive?
3. The Vivanti plan calls for a 860 foot breakwater which would be submerged during high
tide. Even if marked with lighted posts, it would be a disaster waiting to happen if kayakers
or boaters strike the submerged wall.
For all of the above listed reasons I personally object to permitting of Vivanti's cut through to
Charlotte Harbor.
Sincerely,
Mary Henrie
1 Colony Point Drive, 11C
Punta Gorda, FL 33950 phone: 941-249-3020
Attachment: 1 SE-04-16 - LETTER(S) OF OBJECTION
Page 31 of 34
Page 32 of 34
Teri Tubbs
From:
Sent:
To:
Subject:
Mary Kelly
Friday, August 12, 2016 3:53 PM
Teri Tubbs
FW: Vent, LLC Proposed Channel and Marina
Mary Kelly, Recording Secretary
City Clerk's Office
326 West Marion Avenue
Telephone: (941)575-3309
Fax: (941)575-3365
E-mail: [email protected]
From: Joseph Comeaux [mailto:[email protected]]
Sent: Friday, August 12, 2016 3:32 PM
To: Mary Kelly
Subject: Fw: Vent, LLC Proposed Channel and Marina
Fourth From: I P <[email protected]> Sent: Thursday, August 4, 2016 12:14 PM To: [email protected] Cc: [email protected] Subject: Vent, LLC Proposed Channel and Marina Dear Mr. Comeaux: We own #18A at 1 Colony Point Drive, which is on the ground floor of the Colony Point condominiums
and has expansive north and west views of Charlotte Harbor and the Peace River. Our parents made
an investment in this property 45 years ago. They retired there in 1984. We continue to enjoy the
property and Irene plans to retire there herself in the coming years.
Throughout our decades of ownership, we have had the thrill of watching manatees and dolphin
come right to the sea wall and horseshoe crabs flock to the mangroves during their seasonal
migrations. We have caught snook, flounder and assorted other fish from the sea wall by our
home. Wood storks, osprey, ibis and herons are daily spectacles from our lanai. Our parents, and
others who bought Colony Point properties, made a wise investment in their future and in ours.
The proposal by Vent, LLC for development of a boat channel and associated 264 slip marina will
destroy all of this.
1
Page 33 of 34
The strucutural foundation of Punta Gorda Isles has not been substantively altered since the canals
were built decades ago. A dozen years ago, Vent, LLC purchased a mangrove-surrounded property
with no direct water supply and built condos on it they thought would sell for millions. They have
attempted to provide views for their million dollar condos by hacking away at the mangroves on the
north side of their property. What was initially a waiver to allow thinning of the mangroves has now
become a razing of the mangroves to the point that we can see the first floor parking structure from
our condominium. They have shown no respect for the wildlife that is supposed to be protected by
the mangroves; only respect for their bottom line.
The dead water, lack of tidal flow and lagoon effect caused by building what will amount to a boat
superhighway immediately in front of our units will be unwelcome by all wildlife and most likely
endanger them: driving birds and fish away with noise and exhaust emissions and potentially forcing
manatee into heavily travelled boat lanes.
Because Vent, LLC hopes to turn around a bad investment, they are essentially proposing to devalue
our own investment in Colony Point. This development will drive home owners and renters out of
Colony Point and make it a waste land surrounded by boat channels, strobing channel markers and
gaseous emissions.
We beg you on behalf of all the creatures who rely on the mangrove habitat in our little slice of
heaven on earth to vote against the boat canal proposal put forth by Vent, LLC. It devastates us to
think of what may become of the unparalleled beauty we have in Colony Point as it exists today,
should this proposal move forward.
Sincerely,
Irene P. Marsh
Jane M. Laco
Owners of 1 Colony Point #18A
2
Page 34 of 34
Teri Tubbs
To:
Subject:
Mary Kelly
RE: Vivante Cut Through Application
From: "shelley swayze" <[email protected]>
To: [email protected], [email protected], [email protected], [email protected],
[email protected]
Sent: Wednesday, July 27, 2016 10:09:31 AM
Subject: Vivante Cut Through Application
Dear Sirs,
I would like to express to you my strong objection of the proposal to rip out the protected
mangroves at the base of Colony Point Drive to allow a developer to put in upwards of
300 boat docks in a city owned pond which would access Charlotte Harbour through
this environmentally sensitive area. This application includes building a breakwall and
dredging a channel in Charlotte Harbour. Why would the City even consider allowing this
use of their property?
100's of horseshoe crab use this bay each year for their breeding. Personally I saw hundreds of them
up on the sand this past spring. In addition, as little as a month ago, 8 - 10 manatee were seen in this
bay area. I have seen bald eagles flying into this area, not sure if they are nesting there. Many
fishermen use this area for recreational fishing. Furthermore, the north side where the dredging is
proposed, is a manatee and dolphin feeding area. We see them daily from our condo at 1 Colony
Point Drive. Large schools of mullet collect here and provide exceptional fishing for the community,
both wildlife and human.
The proposed breakwall will affect the natural flow of water not to mention the movement of fish and
wildlife. Increased boat traffic will result in noise and air pollution. Our property values will be
significantly negatively affected if this application is approved.
We understand that there is a "push" to get this application in front of the Zoning Commission
meeting August 22. I find this concerning as the majority of residents who are negatively affected by
this application will not be able to contribute to this meeting. Would you please delay this meeting
until the residents have returned from summer travels, seasonal residencies? Furthermore, someone
has illegally been ripping out these mangroves starting in the 2015/2016 winter season. Why has
there been no action taken to address this? I look forward to hearing an explanation regarding
this. As I understand, the City is aware of this action.
Would you please let me know if you intend on supporting this application?
Shelley Swayze
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DEVELOPMENT REVIEW COMMITTEE
MEETING
AUGUST 12, 2016
MEMBERS PRESENT:
Joan LeBeau, Acting Chairman
Randy Cole, Chief Building Official
Tom Jackson, Utilities Director
Norman Nahra, Police Lieutenant
Linda Sposito, Senior Project Manager
Teri Tubbs, Interim Urban Design Manager
MEMBERS ABSENT:
Jennifer Molnar, Fire Marshal
OTHERS PRESENT:
Lisa Hannon, Code Compliance Supervisor
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Ms. LeBeau called three times for public comment.
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Ms. Tubbs MOVED, Mr. Jackson SECONDED to close the meeting to public comment.
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS
A.
SE-04-16 - A request by Hans Wilson & Associates, Agent, for Vent, LLC, Vivante at
Punta Gorda Property Owner’s Association, Inc., Palm Isles Condominium Development,
LLC, and Vivante at Punta Gorda Condominium Association, Inc., owners, for a Special
Exception pursuant to Chapter 26, Section 26-16.8, Punta Gorda Code, to construct a
private marina with up to 264 private dock slips for the sole use of the residents of the
Vivante development; to create a navigable channel connecting to the Peace River
through vacant common area on the north end of the development; and to install a
seawall along the lands abutting the proposed channel since none of these activities
are considered permitted uses or structures but may be approved as a Special
Exception.
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Ms. Tubbs displayed an overhead of the subject property, stating based on the design
of the proposed navigable channel, the closest edge of same being at least 114 to 116
feet waterward of the existing shoreline and condominiums, boat traffic should have
no negative impact on existing conditions within the boating community. She noted
the proposed use would not adversely affect the use of neighboring properties and, if
approved, would positively impact all properties abutting the existing lake.
She
advised additional permitting through various State agencies was necessary and would
ensure all environmental and marine life concerns were properly addressed.
She
mentioned a concern was raised regarding the lake being owned by the City; however,
the City did not and never had owned the lake, which was actually owned and
maintained by the Punta Gorda Isles (PGI) Section 24 Property Owner's Association
(POA). She stated the proposed use had no impact on the Downtown Plan and was
consistent with the Comprehensive Plan, specifically with regard to Objective 2.1.4.,
Goal 2.2., Objective 2.2.1., Policy 2.2.1.1., Goal 2.5., Objective 2.5.1. and Policy
2.5.1.1. She confirmed no new buildings were proposed, adding the proposed docks
would be constructed in the water, consistent with surrounding neighborhoods and
other waterways. She stated the proposed navigable channel would allow boat traffic
to access Charlotte Harbor directly and would not impact boat traffic in other canals.
She noted maintenance of the lake, seawalls and channel would remain the
responsibility of the property owners abutting the lake. She advised the proposed jetty
would be set at one foot below mean high water line, would only be visible during low
tide and would be marked with channel markers as required; therefore, the jetty would
not block water views, adding the proposed channel would not hinder nor discourage
the appropriate development and use of adjacent or nearby land or buildings. She
commented on environmental and lake water quality concerns, stating same would be
addressed by the applicant through the scientific environmental studies done of the
area.
She noted the proposed channel was approximately 116 feet waterward and
away from the existing shoreline of Colony Point Drive and the existing condominiums.
She pointed out the area was, by its very nature, a boating community; thus, seeing
boat traffic was commonplace. She mentioned no additional pedestrian or vehicular
traffic would be generated as a result of this request. She stated concerns had also
been raised regarding creation of a "boat super-highway"; however, in reality, only a
small percentage of boat owners used their boats on a daily basis. She pointed out
there were 144 lots on the north side of the bridge over Tarpon Inlet; however, far less
boats actually traveled through Tarpon Inlet to Charlotte Harbor on any given day. She
noted lake ownership and control was granted by the restrictive covenants for PGI
Section 24, which stated all lots and condominium units which might be built upon
lands immediately adjacent to the lake would have an undivided interest in all of the
lake, which would be equivalent to the owners' obligation to pay maintenance thereon.
She confirmed PGI Section 24 was not a part of the PGI Canal Maintenance Assessment
District (CMAD); therefore, the CMAD would not be responsible for any costs
associated with the lake or seawalls.
She continued the covenants stated "nothing
shall prohibit the Association or the majority of the adjacent unit owners from seeking
an outlet from the lake to the harbor"; therefore, a channel was clearly contemplated
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when the covenants were recorded in 1984.
She concluded the request met the
required criteria, the application was in order, and the Urban Design Division
recommended approval contingent upon approval of all State permits. She noted the
application would next be presented to the Planning Commission and City Council on
August 22, 2016, and September 21, 2016, respectively.
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Mr. Cole stated the Building Division and Fire Department had no comments or
concerns at this time but reserved the opportunity for comment in the future.
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Mr. Jackson advised the developer was responsible for any necessary adjustments to
utilities which might be affected by this project.
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Ms. Tubbs MOVED, Mr. Jackson SECONDED to recommend approval of SE-04-16.
MOTION CARRIED UNANIMOUSLY.
-3-
PLANNING COMMISSION
CITY OF PUNTA GORDA
8/22/2016
Print
Staff Comments*
Title:
CRA Status Report
Funds:
Recommended Action:
No Action Required - Info Only
Summary:
August 24, 2016 Report
Urban Design
EXHIBITS:
1.
08/24/2016 Report
CRA Update
August 24, 2016
AFFORDABLE HOUSING
Rehabilitation of 4 commercial units to 4 residential units for low income housing
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City Council approved funding on 04/06/2016 for rehabilitation of 4 commercial units to 4
residential units at the Andrews Building, 326 E. Virginia Avenue for low income housing.
Scope of work and request for professional services for design has been submitted to
Procurement to be bid to City's library of engineers/architects.
No responses were received from the library firms; Procurement has adjusted solicitation and
placed back out to library. Responses are due 6/7/16.
Design services awarded to Alliance Design Group; kick-off meeting was held on Monday,
06/20/2016.
Deliverable schedule is as follows: 100% Construction Documents by 08/31/2016 and
cost estimate by 09/07/2016.
COMMUNITY GARDEN
Design and construction of a garden/fresh market area as an economic project in East Punta Gorda
Staff has been negotiating an Interlocal Agreement with Charlotte County for use of property
located at 512-514 E. Grace Street for several months. ILA has been re-submitted to County
however the Trabue Woods Initiative has approached Staff regarding City owned lots in East
Punta Gorda and has requested use of the vacant lot located at 317 E. Virginia Avenue for the
garden/fresh market. The garden will be a economic project; once established the community
will re-visit development of a community garden at alternate location. Request for use of 317
E. Virginia Avenue will be presented to City Council on 05/04/2016.
• Council approved use of the E Virginia property for the garden/fresh market. Mayor Keesling
and City Staff met with Dorothy Browning of Goodwill Industries to discuss how Goodwill
programs may be of service for those participating in the garden/fresh market economic
venture. Dorothy Browing suggested a good model for this project would be Pine Manor
Garden in Ft. Myers; a tour has been scheduled for June 14th for Mayor, City Staff and the
garden/fresh market participants.
• City Staff and the garden/fresh market participants. Staff & Mayor Keesling visited Pine Manor
Gardens, very rewarding and educational experience. Survey and Environmental Assessment
have both been ordered.
• Environamental has been ordered and anticipated to be complete by 08/31; survey has
been completed and received; survey has been forwarded to Engineering for design.
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HARBORWALK – WEST MASTER PLAN
Phase 3 of the Harborwalk Project, Best Western to Fisherman’s Village
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Engineer is working on conceptual design; staff to meet with Engineer in January for review
and comment
Survey completed; preliminary design concept presented to CRA March 3, 2010. Weiler
Engineering hosted a community meeting on March 31, 2010 to discuss the preliminary plans
and the conceptual plans for the future of the existing Bay Front Center, Boat Club and Sailing
Page 1 of 8
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Center. The meeting provided an opportunity for the public to view the conceptual plans, ask
questions and provide feedback. Weiler Engineering presented 30% plans to CRA on May 5,
2010. Engineer and staff met with Boat Club representatives on May 26.
60% plans presented to City Council on July 7, 2010; DRC reviewed on July 23rd, comments
have been forwarded to Engineer.
Engineer has submitted SWFWMD and AOE response packages for review; 90% plans have
been received and reviewed by City Council on October 6th.
Received final document for SWFWMD release of ERP; anticipate SWFWMD forwarded to
ACOE for their final review and permit issue. 100% plan update given to City Council on
December 15, 2010.
Construction Plans for small boat launch and seawall replacement approved by DRC.
Specifications provided to Procurement 5/19/11; draft bid returned to growth management
5/23/11 for final review before issuance.
Due to funding this project will be constructed in "Zones". At City Council direction the first two
(2) zones to be constructed will be the Small Boat Launch and Zone 7, from the PG Waterfront
Hotel to the existing gazebo.
Staff has prepared a Scope of Services for plan revision for FDOT submittal.
Notice to Proceed was given to Weiler Engineering on September 20 with 60% deliverables
due October 14, 2013 for staff review.
FDOT has requested additional information from the Design Engineers; anticipate FDOT 60%
comments to be returned to City by mid-to-late January.
60% comments received from FDOT; meeting scheduled with Design Engineers to review is
scheduled for 01/30/2014.
Staff continues to negotiate 60% review comments with FDOT
City Council directed staff to move forward with modification of the construction plans. Staff
has been in communication with FDOT to verify design requirements; once FDOT confirms
requirements( on or before May 5), the City will amend contract with design engineers to
modify construction plans to meet FDOT/LAP requirements.
Staff is currently in communication with MPO/FDOT regarding the procedure for amendment
to construction limits and awaiting response.
Amended construction limits - Gilchrist Park at Harvey St. to Gill St. have been approved;
paperwork has been submitted to Procurement for contract/agreement with Weiler to begin
revised construction plans to FDOT/LAP PPM standards.
Procurement has submitted scope of work to Weiler Engineering for review and update of final
timeline; formal agreement scheduled for City Council 11/5/14.
Staff met with Engineer to discuss FDOT redesign and concerns regarding the 60% plans. All
issues were addressed and Engineer to proceed with 90% plans.
Staff requesting Council consideration to move forward with required ADA improvements as
well as the non-federally funded Harborwalk improvements from the Bayfront Center and west
end of Retta Esplanade prior to federal grant funds becoming available in 2016 for area
between Harvey and Gill. Council has approved moving forward w/ ADA improvements to
fishing pier and construction of seawall from approximately Gilchrist Street to Dolly Street.
Council has requested reduction of seawall cap from 5' to 2'. There is a possibility FDOT may
require railing along seawall cap. This requirement may affect the final width decision.
Council has requested reduction of seawall cap from 5' to 2' with no railing; this was approved
by FDOT with the provision of a 5' grass separation between the seawall and pathway.
Seawall construction was awarded to Marine Contracting Group; Pre-construction meeting was
held on 06/25/2015 - anticipate pre-construction start end of June/first of July with approximate
completion of 180-210 days); during seawall construction the parts of the pathway along the
water will be closed; Kiddieland will be impacted for a few days when the fencing is relocated.
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Construction signage will be posted notifying public of construction dates and any areas of the
park that will be "off-limits" to public use.
SEAWALL: Demolition of existing seawall, excavation has begun. and installation of new
seawall has begun. HARBORWALK WEST AREA 1: 100% plans have been submitted to
FDOT for final review; proprietary items have been approved; and environmental have been
completed. Harborwalk West Seawall Replacement continues with approximately 240 foot of
cap constructed and 910 foot of sea wall panel placed. Additional 80 foot of cap forms are to
be ready for concrete placement on Monday 10/04/2015.
Contractor continues cap formwork to connect seawall panels. To date approximately 560 foot
of cap has been constructed with approximately 1265 foot of seawall placed. Hauling of debris
and backfill continues.
To date approximately 954' of cap has been constructed.
Final grading and sod placement continues.
Due to storm damage incurred weekend of January 15th, final completion has been moved
forward to February 19th.
SEAWALL AREA 2: Additional storm damage to project created need for an additional
extension for completion - sod fields remain wet; tentative schedule for grading & sod
placement is 2-3 weeks. GILCHRIST RESTROOM FACILITY/PLAYGROUND: Citizens
comments from survey, meeting and emails have been sorted and will be presented to City
Council on 03/03/2016.
Walk through scheduled for Tuesday, 04/05/2016, for final punch list development in
preparation for final closeout.
Seawall project has been completed and closed out.
HARBORWALK WEST AREA 1:Final Construction Checklist has been completed and
submitted to FDOT.
Continue to work with FDOT to upload final documents into FDOT LAPIT program in order to
secure funding.
Notice to Proceed was received from FDOT on 08/08/2016; pre-bid meeting has been
scheduled for 08/25/2016; per Procurement tentative schedule anticipate contract award
on or about October 20, 2017 with start of work on or about November 3, 2016.
Harborwalk West – Gilchrist Park Playground
Design and construction of new playground in Gilchrist Park.
• Citizens comments from survey, meeting and emails have been sorted and were presented to
City Council on 03/03/2016. Playground design/build will be submitted to Procurement in May
for design concepts.
• as of 04/26/2016 the Friends of Gilchrist Park Playground has secured 3 $1,000 level
sponsors and are negotiating for a $5,000 and $10,000 sponsor.
Harborwalk West – Restroom Facilities
Design and Construction of new restroom facility in Gilchrist Park at Playground
• Restroom facility is being designed, approximate design time is 75 days; anticipate design
completion late June. 60% plans have been reviewed by DRC; Engineer of Record (EOR) has
addressed all comments.
• 100% plans have been received; Staff preparing package to submit to Procurement for bid
process.
• Bid package has been let and pre-bid/site visit is scheduled for 08/18/2016.
Page 3 of 8
Harborwalk East – Justice Center
Widen existing Harborwalk turn behind Justice Center
• Design is being completed in-house; anticipate completion in April 2016.
• Request for exemption submitted to FDEP; FDEP has requested SWFWMD review project for
possible impacts which will likely add 30 days to project timeline.
• SWFWMD does not require a permit, project will proceed.
• Package has been submitted to Procurement for bid process.
• Project was awarded to Marine Contracting Group.
Due to project conflicts
construction has been pushed to late September/early October with a completion day of
January 2017.
Harborwalk US 41 SB Bridge Underpass Improvements
Design widening of existing underpass sidewalk to 12' south towards bridge abutment and replace
existing slope stabilizations with retaining wall and new stabilization.
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Scope of Work has been forwarded to Weiler Engineering Services; anticipate presenting to
City Council on February 18, 2015.
Notice to proceed with design services was given to Weiler Engineering on 02/19/2015.
EOR continues to do preliminary design, environmental and permit work; 30% plans to be
presented to City Council on 04/15/2015.
30% design plans to be presented to City Council 5/20/2015.
60% Construction Plans have been submitted to City Staff for review; scheduled for DRC on
07/10/2015.
90% Construction Plans have been submitted to City Staff and FDOT for review.
100% plans are complete, EOR has sent to Staff for final review before submitting
Signed/Sealed plans.
FDOT has reviewed and requested a sketch and legal description for ROW to be used;
submitted request to Procurement to add to Engineer services.
100% plans review complete by FDOT, plan set delivered to Urban Design for bid preparation.
FDOT has reviewed and requested a sketch and legal description for ROW to be used;
submitted request to Procurement to add to Engineer services. 100% plans review complete
by FDOT, plan set delivered to Urban Design for bid preparation. FDOT has requested
additional review of plans to confirm all improvements are within the FDOT ROW; once
confirmed Staff will order legal description and sketch of ROW and submit request to Council
for permission to enter into Public Purpose Lease Agreement with FDOT for use of their ROW.
This process will take approximately 4-8 weeks. US Fish and Wildlife has determined there is
a bat habitat under the bridge and the City will not be allowed to construct between April 15August 15; therefore, bid documents will not be let until July 2016 with an anticipated
construction start in September 2016.
FDOT Public Purpose Agreement package has been submitted.
Staff is preparing package to submit to Procurement for bid.
Project has been let for bidding; pre-bid meeting and site visit has been scheduled for
08/15/2016
Harborwalk Laishley Park Municipal Marina
Design of Harborwalk behind Laishley Crab House and Harbor Marina Building to US 41N
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Concept drawing is complete; Engineering will be completing design in-house; data collection
has begun.
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City Engineer met with FDEP to discuss footbridge; City Engineer is researching how bridge
can be constructed with an exemption and no mitigation.
Design continues; submittal to FDOT expected by 5/1/15 with construction planned for October
2015. City Council presentation scheduled for 5/20/15.
Design is complete, awaiting survey and FDOT agreement.
Plan set, legal description and sketch are being prepared for FDOT permit submittal. Still in
permitting w/FDOT (review of footbridge structural design.
Continue to wait for FDOT approval (review of footbridge structural design; package has been
submitted to Procurement for bid with bridges as an Add/Delete item.
Construction plans and paperwork have been submitted to Procurement for their review in
order to send out for bid.
Bid opening scheduled for January 8. Footbridge is included as a bid option since FDOT has
additional concerns with the plans.
Pre-construction meeting held on 01/27/2016; anticipate begin construction on or before
February 8, 2016.
Mobilized week of 02/25/2016; underground electrical conduit in place and bases for lighted
bollards poured. Installed lighted bollards, marina gate & walkway. The bridge connection
remains "on hold" pending FDOT final approval.
Installed lighted bollards, marina gate & walkway. The bridge connection remains "on hold"
pending FDOT final approval.
Project is substantially complete; remaining construction is the pedestrian bridge and compass
rose. This construction cannot be completed until City receives approval from FDOT; all
paperwork has been submitted FDOT and Staff is awaiting approval.
ADA improvements required on walk at or near the LP Marina Building boat ramp, change
order to be processed.
Pilings installed and wrapped with the joists attached to the pile caps. The contractor is
excavating in prep of: rebar, tie bolts and concrete placement at the footbridge approaches. A
meeting was also held with City, contractor and sub-electrician to review electrical installations
of the footbridge lighting after the vertical posts and rails installation commence.
Substantial walk through was completed; awaiting FDOT inspection; anticiapte project
completion mid to late September 2016.
South County Library
Description: Design and Construction of a new 24,000 SF library w/youth and program space,
computer lab and spaces for instructional classes w/1,000 SF for archive functions (intake,
processing, storage. Library will be constructed on City of Punta Gorda old warehouse site at
Shreve/W. Virginia.
• The final Request for Proposals (RFP) for Architectural Services has been submitted to
Charlotte County Procurement Department. The RFP was released on April 17, 2015;
submittal deadline information and other pertinent timeframes TBD.
• Responses to Charlotte County's RFP for architectural services have been received: 4 firms
responded: BSSW Architects, Inc. of Ft. Myers; Harvard-Jolly Architecture of Sarasota; HBM
Architects of Cleveland, Ohio; and Sweetsparkman Architects of Sarasota. Interviews and
rankings have been scheduled for 6/1/2015.
• Charlotte County Commission approved selection committee ranking of Harvard Jolly
Architects and authorized County Staff to begin contract negotiations for the design of South
County Library and Historical Archives building. The City will be represented on the Contract
Committee by the Urban Design Manager - dates and times will be forthcoming. Contract
negotiations are closing; City Staff working w/Legal on deed with reverted clause.
Page 5 of 8
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Charlotte County is moving forward with a Phase II Environmental Survey of the proposed site;
contract negotiations continue with Harvard-Jolly Architecture firm
With the Phase 2 Environmental inspection complete, no issues were found, Charlotte County
Staff is putting together a "Kick-Off" meeting for introductions, identify meeting dates, review
project budget, etc. Additionally the group will be visiting the site to get the overall feel for the
space..
Meeting held on 11/30/2015 to discuss: preliminary project evaluation; alternative approaches
to design & construction; feasibility of environmentally responsible design & construction;
identify spaces to be included in facilty, i.e. sizes, relationships, media nd occupancy
capacities, mechanical and technological requirements, systems performance criteria,
sustainable design and energy performance criteria, and finishes. Design Studio scheduled for
January 14, 2016.
City approved deed 12/16/15. Design Studio as well as community input meeting scheduled for
1/14/16.
City approved deed 12/16/15. County staff met with City's Design Studio on 1/29/15.
City/County Staff and architect continue to refine the preliminary schematic design documents
in anticipation of the second Public Input Session scheduled for Thursday, March 17, 2016 @
the Charlotte Harbor Event and Conference Center from 1:00 p.m.-7:00 p.m.
City/County Staff and architect continue to refine the preliminary schematic design documents;
the second Public Input Session was held Thursday, March 17, 2016 @ the Charlotte Harbor
Event and Conference Center from 4:00 p.m.-7:00 p.m..; the next Library Committee meeting
is scheduled for Monday, April 4, 2016, to review public comments.
Consulting architects continue to refine schematic design document; next design meeting will
be mid-May.
City Staff and Councilmember Cavanaugh met w/South County Library Representative on May
25, 2016 to discuss budgeting and funding.
Staff met with the South County Library (Punta Gorda) design team and received updates from
the architect, civil engineer and interior designer. Concerns raised by City staff at the The
design team meets again in July. Further updates will be provided at that time.previous
meeting in regards to the Shreve Street façade were addressed well by the architects.
A public meeting was held on 08/05/2016 for citizens comments on current design plans
at the direction of County Commissions; meeting comments will be presented to
Charlotte County Commissioners at which time Commissioners will give direction to
Staff on the "next step".
Veteran’s Park @ Laishley park
Joint partnership with community organizations and City Staff to renovate the area in Laishley Park
known as Veteran's Park, a memorial to our service men and women. Funding will be through MAC
grant and City Funds
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Staff continues to work with the various community organizations assisting with design
Staff is meeting with committee members in February to discuss City concepts in association
with City's Parks & Recreating Master Plan requirements.
Committee has reached goal of $32,000 which will allow for payment of fountain, pedestal
monument, and approximately $10,000 for beautification efforts. Dedication for the fountain
has been scheduled for July 3, 2013.
Staff is reviewing plans for the "appreciation" monument.
Monument is scheduled to be delivered in the beginning of October, staff continues to work on
the Veteran's Park conceptual plan.
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Staff is hosting a workshop with the areas veteran groups to gather information from the
veteran community as to their ideas for the future redesign and brick laying opportunities of
Veteran’s Park. Approximately 30 veteran representatives are expected to meet March 3rd at
2:00 pm at the American Legion on Harbor Blvd in Port Charlotte. After receiving the input,
staff will draft the ideas received into a concept drawing and follow up with the committee.
Brick area has been designed and approved by committees. Staff will participate in the next
scheduled meeting (date to be determined).
Staff continues to work with committees on both the garden and the "wall". .
Staff continues to work on both the Veteran's Garden and Wall. Engineering and Urban
Design are reviewing design requirements for wall; fund raising for wall is still going strong.
Staff continues to work wtih the Veteran's groups on the engineering/design; wall fundraising is
approximately $68,000 (85% of needed funds).
Engineering and Urban Design are reviewing design requirements for wall; fund raising for wall
is still going strong.
Staff continues to work with the Veteran's groups on the
engineering/design; wall fundraising; with donation from the 125th Anniversary funding the
committee has exceeded goal for the purchase of the marble. Marble will be purchased and
stored by Public Works Department. Wall has been staked out and Urban Design and
Engineering continue to work on preliminary site plan.
Wall location has been finalized; Staff meeting with veteran group/committee on 03/09/2015 to
discuss and receive input on conceptual plan for park.
Anticipate finalizing conceptual plans at next meeting 04/13/2015.
Conceptual plans were presented and there were no additional comments. Staff is moving
forward with finalization of design concept and financial responsibilities for Veterans
Group/City with presentation to City Council TBD.
FY2016 State Budget included $150,000 for Vietnam Wall.
Staff will be presenting DEO Agreement for Council's acceptance for the $150,000
reimbursement grant at the 09/02/2015 meeting; Urban Design and Public Works continue to
work with the Wall Committee in completion of plans.
Engraving vs etching issue has been resolved and a PO will be issued to the granite company
the week of 10/04/2015.
Groundbreaking ceremony has been schedule for November 11, 2015 – Veteran’s Day
Groundbreaking was successful, Governor Rick Scott, Mayor Keesling and City Council
attended, still need to raise $60,000. Anonymous donor has offered to match dollar-for-dollar,
up to $10,000, for every dollar raised between now and December 31st.
City has initiated procurement of pavers, irrigation, landscaping, drainage, port-o-let, concrete
and other materials in order to meet the $150,000 grant reimbursement requirements.
Construction to begin January 4, 2016.
Construction began January 4, 2016. City Staff is reviewing plans for modification possibilities
to hang granite after site work has been completed, replacement of current signage, and
additional options to sidewalk connections and lighting.
Formed and poured concrete footings for wall.
Concrete wall is constructed; granite installer has been on site to inspect and is preparing list
of installation materials for City.
Work on sidewalk along Nesbit has begun and will include the military star w/bronze
medallions for each branch of the Armed Forces. Remainder of project must wait until the
granite is installed, possibly June; Staff continues to research granite benches.
Staff continues to research granite benches and flagpoles. The first set of panels arrived on
06/21/2016; medallion has been painted; and preparation for the next set of panels to arrive on
July 11th...the wall is going up!
Page 7 of 8
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Staff continues to research granite benches and flagpoles. The first set of panels
arrived on 06/21/2016; medallion has been painted; and preparation for the next set of
panels to arrive on July 11th...the wall is going up!

Planning Commission CITY OF PUNTA GORDA, FLORIDA AUGUST

Transcription

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