Preview
Filing # 94397631 E-Filed 08/19/2019 04:03:33 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION
KENNETH D. LEVY, M.D.,
ROBERT A. LEVY, and
BERINDA L. LEVY,
Plaintiffs,
Vs. Case No. 2018-CA-000343
CHARLOTTE COUNTY, FLORIDA,
A political subdivision of the
State of Florida,
Defendant.
/
BERNTSSON DEPOSITION TRANSCRIPT
PART 2
Robert H. Berntsson, Esq.
3195 South Access Road
Englewood, FL 34224
(941) 627-1000
rberntsson@bigwlaw.com
Experience: Wideikis, Benedict & Berntsson, LLC
Englewood and Boca Grande, Florida
May 1991 to Present, Shareholder since 1994.
Practice includes all areas of Local Government Law.
Represented City of Punta Gorda, Florida, as City
Attorney 1998 through 2005. Provide real property
closing services for Charlotte County, Florida since 2003.
Served as Hearing Officer for City of Cape Coral, Town
of Fort Myers Beach and City of Bonita Springs, Florida.
Represent Englewood Water District and Gasparilla
Island Bridge Authority, both Florida independent special
districts. Served as attorney for Charlotte County Charter
Review Commission, 2009-2010 and 2015-2016 terms.
Desoto County Code Enforcement Special Master since
February, 2016.
Charlotte County Attorney’s Office
Port Charlotte, Florida
October 1989 to May 1991
Acting County Attorney/Chief Assistant County Attomey.
Heavy concentration in Land Use and Administrative
Law including contract review and preparation,
ordinance and regulation drafting and analysis, advising
boards and county commission. Appointed Acting
County Attorney, responsible for all legal matters of
Charlotte County, January 1991.
Southold Town Attorney’s Office
Southold, New York
January 1988 to October 1989
Assistant Town Attorney. Shared responsibility with
part-time Town Attomey on all legal matters of
Township.
Amex |
Vi
Deponent i
Datel dpe
JOR. COM,
Education; Emory University School of Law
Atlanta, Georgia
Received Juris Doctor, May 1986
Boston College
Chestnut Hill, Massachusetts
Received B.S. in Management, Concentration Accounting
cum laude, May 1983
Professional:
AV Rated by Martindale-Hubbell
Board Certified in City, County and Local Government
Law by the Florida Bar (August 2000 to present)
Admitted to Florida (1989), New York (1987) and
Georgia (1986) Bar
Member, Charlotte County and American Bar Association
Community:
Special Magistrate, Baker Act Hearings, 2007 to 2016
Enterprise Charlotte Economic Council, 2008 to 2012
Member, Board of Directors for:
Charlotte SkatePark, Inc,, 2002-2005
Charlotte County Family YMCA, Ine., 2001-2002
Charlotte Local Education Foundation, 1998-2002
Charlotte County Chamber of Commerce, 1993-98
President 1995-96 Term
American Heart Association, Charlotte Chapter
Vice President, 1997-2000
Economic Development Council of Charlotte
County, 1993-1997
Graduate, Leadership Southwest Florida Class of 1993
Graduate, Leadership Charlotte Class of 1991/92
‘
3 16
C Ack’ LED Wi THE DEPARTMENT OFSTATE | sre ly 1, QM)
an ORDINANCE
NUMBER 2014-~-Q4U)
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
CHARLOTTE COUNTY, FLORIDA, AMENDING CHAPTER 3-9 OF THE
6 CODE OF LAWS AND ORDINANCES OF CHARLOTTE COUNTY,
7 FLORIDA, BY REVISING SECTION 3-9-5.1, SITE PLAN REVIEW, AND
RENUMBERING TO SECTION 3-9-7, SITE PLAN REVIEW;
9 PROVIDING FOR APPLICABILITY AND PROCED URE; PROVIDI NG
do FOR INITIATION; PROVIDING FOR APPLICATION REQUIR EMENTS ;
AL PROVIDING FOR REQUIREMENTS OF AMENDMENTS AND
42 CHANGES TO LAND DEVELOPMENT REGULATIONS; PROVIDING
43 FOR PRELIMINARY SITE PLAN RI EVIEW; PROVIDING FOR FINAL
14 SITE PLAN REVIEW, PROVIDING OR CONFORMITY TO PLAN;
15 PROVIDING FOR MODIFICATION OF SITE PLANS; PROVIDING FOR
16 CONFLICT WITH OTHER ORDINANCES; PROVIDING FOR
Vv SEVERABILITY; AND PROVID ING FOR AN EFFECT IVE DATE.
18
19 RECITALS
y
20 WHEREAS, the Gounty’s Land Development Regulations (LDRs) were originall
21 adopted in 1981 and took effect on December 8, 1981; and
WHEREAS, over time, Staff was directed to revise the existing LDRs and has
22
23 been working over the fast several years to accomplish the desired revisions; and
2A WHEREAS, the purpose of these revisions is to update development regulations
s, to
by removing some outdated regulations and requirements and adding new standard
make the LDRs more user-friendly, and to be consistent with the County's
26
27 Comprehensive Plan; and
WHEREAS, in order to thoroughly review and update the existing LDRs, Staff
28
29 has divided the project into three phases; and
and
30 WHEREAS, Phase | focuses on revisions to the conventional zoning districts
Chapter 3-9.
BL some sections of Article 1. In General and Article Il. Special Regulations of
CHARLOTTE COUNTY CLERK OF GIRGUIT GOURT
32 Zoning; and OR BOOK: 3923 PAGE 382 PAGE: 1 OF 12
1 WSTR # 2311982 Doe Type’ GOV
Recorded: 12/4/2044 at 304 PM
y Ree. Fe ECORDING $193.50.
A 2 EXHIBIT. Cashier By NARCYLA
Dopongntl’ co
pate.
won
{liokt: apie. ths. 2
s of
WHEREAS Phase Il will focus on all overlay codes and the remaining section
3-9, Zoning; and
Atticle |. in General and Article Il. Special Regulations of Chapter
WHEREAS, Phase II! will focus on regulations found primarily in Chapter 3-5.
wetlands, landscaping
Planning and Development, which may include topics such as
and buffers, and site and commercial design standards; and
WHEREAS, Staff is recommending that Chapter 3-9 of the Code of Laws and
g Section 3-9-5.4, Site
Ordinances of Charlotte County, Florida, be amended by revisin
Review; and
Plan Review, and renumbering to Section 3-9-7, Site Plan
have previously -been heard by the Charlotte County
WHEREAS, revisions
Board ("P&Z. Board”) and, based on the memorandum dated
10 Planning and Zoning
and the evidence presented to the P&Z Board, has been
a1 August 29, 2014,
42 recommended for approval on September 8, 2014; and
considered the revisions in public hearings held on
13 WHEREAS, the Board
14 October 28, 2014, and November 25, 2014; and -
the Board has determined that the changes are consistent with the
45 WHEREAS,
and are in the best interests of the County and its
16 County's Comprehensive Plan
7 citizens.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners
18
19 of Charlotte County, Florida:
of Charlotte County,
20 Section1, Chapter 3-9 of the Code of Laws and Ordinances
, Site Plan Review, and
24 Florida, is hereby amended by revising Section 3-9-5.1
renumbering to Section 3-9-7, Site Plan Review, by adding
the underline nguage and
22
in Exhibit “A” whic! is attached
23 by deleting-the-stricken-language to provide as shown
2A hereto and provided herein.
25
2
Section2. Conflict with Other Ordinances. The provisions of this Ordinance shall
Rees
t herewith to the extent of said
supersede any provisio n of exiting ordinances in conflic
conflict.
if any subsection, sentence, clause, phrase, or portion
ion Os.3. Severability,
Sect OF
titutional by any court of
6 of this Ordinance is for any reason held inval id or uncons
be deemed a separate, distinct, and
competent jurisdiction, such portion shall
not affect the validity of the remainder of
independent provision and such holding shall
this Ordinance.
10
upon its filing with the
12 Section 4. Effective Date. This Ordinance shall take effect
12 Office of the Secretary of State, State of Florida.
43
44
18
46
Ww
18
19
20
at
22
23
24 | [SIGNATURE PAGE FOLLOWS]
‘
ioer
PASSED AND DULLY ADOPTED this 5%. day of _Novem
1 2014.
OF
BOARD OF COUNTY COMWERSICNERS
CHARILOLTE COU TS FEORIDA, *>
By: _ (diandP
Wiliam &
—
effaingart & +
iE
40
a4 vs
14. Oy
of
42 aay
ATTEST: “
13
14 Barbara T. Scott, Clerk of
bs Circuit Court and Ex-Officio
16 Clerk to the Board of County
aioe, Yeo seen
7 Commi
18 By:\\.) .
19 Deputy Clerk
20
24
22
APPROVED AS TO FORM
G
23
24
25
Al ND
By:
GAL SUFEL
cP
os MOE VentAttoerney
ee rire
Aatte S. Knowlton, County
26 LR2014-2992
27
28
29
30
31
32
33
34
36
37
38
39 :
Regulations/fevisions to SiteplanReview.doc
ces: Ri avisions ta Land Development
40 Pslwpdatalpubticikarentordinance\Ordinan
44 LR2gtd- 2992,
Land D evelopment Re ey jations
apter
didnt Wh
8 tion,
Sec, 3-9-5-47. Site Pplan Rreviews
ap; ply. to any tequiest for development
(a) Applicability and Procedure, The following procedure shall drip!
except Individual, nal je-fami idual sing! (individ ng
foregol ning OFF ri ay exempt from_ ot
2-site;--planrevi nd—sha See ed fot the following
any, develop
an Loy oiecti eRe
developrentactivities:
Nove: 212014 Adoption
Lan Regulations,
3-8, Zoning
Asti Gel
83 2 on. 7, Site Plan Re lew.
a
oy a
ae
ee
as i a
Gacy ak
Core micas
call
BA
Ge Sebac
Pen Ase)
a
a aa Ve
Bol
eee
ra
eu Ny
Ee Ee ee i
iar ie ae
BBR ne mere -
—
November 2014 loption
2
Regul lati
velopment, Reguiayons
Shap! ter 3-9. oning,
eral
Si SitePi lan Review
Review
ne on
CHEM
TAL
pec
Supriciency
Review
sii
Pacuibatary Sys PLAN
Agency Revie
EVIEW AND COMMENT
tee re
\V
a a
i
ie
Sy,
Bynat
Jo.
iS
FIgan SITE PLA
SENEY REVIEW
manny
JN Rewyvew ano COMME t
Eee
Ps st
eu ke
I
vidual-single-farmlly-homes;-{singie )
fA) sesidential-development avith—the- excaption--of-indi
duplexontiplex:
{2)-~All- nanresidonilal- developments:
i ich -has-a-plokup-windaw;- drive thretacilitytor
43)- _Any-fapility,-cithor new, modified-or-remodeled-wt
6 xohicles-ragardiess-of-size-
t-losated-swithin-a—surfal swater--protection—distiiat-as
44)--Any--subdl davelopr
the purpo se—of -this—paragraph;—"new
dasignated-in—4 he! GeomprehensivePpla n-{For— cipal
- awhich-requl ines 4-building-permit-for-new-prin
development!-shall- maan-any-lmprovament ision~ previo usly-- approv ed-—by - the
conetstion.)--New-development-lecatedwi ithin-a~
subdiv
10 n:
Seounty-shall-be-oxemplfront-this sectio
an
Novernber 2074 Adoption
Land. elopment guiations
hapter ing
idle. ral
Si 9-7, Site Plan Review
proposals—whioh-the--Zzoning administrator Official may-require-to—-be
6} _.Ggrtain-development-
wed-when-o the following
more-oFne-(1 are-met:
)-oF-
favio
a.-Hightraffie hazard-tocations:
b, Additions -ermodifications-to-existing-develapmenis-
6-~-Unanticipated types-of developmentwhish-are-unusualtethe-area-
{6} -Site-ph lans-ass ted-with-sy ini-exeeptt arianoes-shall- d-carnmanis.
wy fre rf the—Z Hn
provided: --(ne-—-appraval—shall pe—implied.—by-—this-—
Affigialadminietrator,
initiation, A request for Ssite plan-Pi lan Rreview may only-be Initiated by any Ie gal Ir
(b) perty: however, an applicant 10.Js not the ownerof the subject 18 Te
10 in th! {he-ewnera
a fo p) evidence of legal authority from the owner to submit
{-the~subject~propedy upon iling—of-an-applisatios eV. aIne’ S,
a2 agen egisteres 1OYOr,.
a3 ant hulk ding lay
andseaping._plans, . pie hall_be_ prepa
Jonal enginee! wetive. hiteot, respectivel a Sei e Pplan ‘Rreview process shall
14 bro Ke prel iminary and final r a single comprehensive review.-Each
as consist of either a bifur
46 raviow-cyele-shall-he-a- maximum af three (3).weeks-
in accordance with
uw (©) Application Rrequirements. A request for Seite Pplan Rreview shall be submitted
18 the following requirem ents :
under this section shall be submitted on forms and in such
49 () Forms. Applications byrequired
the Zzoning,O} claladminisizater,
20 numbers as required
an (2) Fees.
mun
Ail applications and associated fees shail be filed with the Com: nur
pment zoning
22 a
23 Pdepartment upon submission of an application.
permit fees to
24 The BCC board-of county-commissionars. shall, by resolution, fix reasonable
inistrater . These fees shail be reviewed on ar
25 be charged by the Zeoning-_Officialadm
26 annual basis.
27
An applicant who has. paid the appropriate fee, bul who chooses fo withdraw their
28
application prior to its dis tribution for review shall be entitled to a refund of the total ammount
29 paid minus 4 minimum of fifty-deliars-<$50.00 } but up to a maximum of ten 40}-percent for
nt soning
30 administrative costs, upon written reques! + to the Community Developme
Ddepartment, Once revie wv has begun, no refund shall be available; -exeept-th at-any
34
32 yrused nolise-surcharges-# hal-be-rofunded-less-ten(10)-percentforadministrative-costs,
may-require-aa-applicantte
33 B)—Ai ubhotity-to-Pile-Aapplication- The-Zeoring-Offisial. administrater
34 presatl Lovidence-ofauthory-te-submitthe-appili ion:
35 (43) Applications Ssulfieient for-Pprocessing.
ted by the
36 a. Completeness Ale’ view, All AN applications must be sufficient-deemed comple on
to review the applicati
37 ngOffi {for processing before the Ceo unty is requiredns or modifications
content, smpleteness review process, no addi
33 1, submittal nless requested or agreed t _by the Zoning Offic
39 mai
be som fed wil two business days, The Zoning Official. rm:
rements. 0. An-applisation-shail-be-sufficient- for-precessing-when-it
Ad n_nacessary-to-decide-whether-or-not-the-develapment-as
AQ containe-all-of
propased. wilt complyau ith-all- oLthe-re quirements-of this-section,
43
Novernby 4,Adontion
elope ve ions,
hapter, 9. Zon
Seneral
<7. 2 Plan
Mao. Review
be-made-to
appl ica! tion -is- subm itle d, no-a dellti jons- oF-modification: e-may- enciog-and
p.--Once-a-complete- the: -Zouin i}.--Only-the-reviaw ng-ag
fyo-submittaluel alkJess. require d-by-the tions
Sg8-Fee ha
ost changes: _AlL -raq uest ed-addi tions—andi Jor -nodifica ired:
zoning-adeninistrator-may-raqu ew -eye le-a e-s pec ifi cal y-raqu
ys “pri jor-te-the-ot nd-of the revi d-in-bwe
ust bo-completed-faur-(4)-da ing-# drninistrator hisreview
s -be-sornplates ff:
ar-Zon
5 by-the- “yeviewing-agensy-
calion ts neeeesary
pli fon- ahal l-be -tha t-al -ott he. information required d -tt- tho-appli each-appication-As
The presum - . However, He-recognized- that
-section
.
omofon thists g- to-the-neads-of
fo-satishy-the-reg wuir for mat may
ion - pe-ro quira d-acc ordin
r-less-in
unigue,-and-theretore- more-o5 tho- ceco mmen dati ons- s.af-tho-2oniAg
9
ular dev elo pme nt] The-applisantmay-roly-o d:
the. apio tio
46 -or-less inform ation shoul -be-submi
administrator-as- to. whethor more )five
a
suffi hall be completed within ton-40
42 Sufficiency Review, The revi ‘weoadii ne-f or-e ubri itia l-oF appl icat ions,
_working days of the platen be prov ided to the
43 lencies the applica tion will
a4 and a written notice of any In fic icant te provi ide any req uire d addi tion al. or
applicant, The notice shall request the appl days from the dale of the
appl ican t shal l have ten, the
corrected inform: ation. The axeHeeded-date-to supply er
exten
16 application opthe-Zonl
notice of insufficiency fn the he acce pted for revi ew, or such jong
Wy r for the a pplication to
information required in orde ti
of the on
Zoni ng O} fficial.
fiche.
18
fime as may be spec ifie d in the noth t the discre
49 is determ ined to be suff icie nt for pr ‘ocessing, the
gge. ie. Once a n application ion has been acce pied for review, copies of the
lan Review,
20
24 int shail be notified that tothe theapplappr
icat the process of
opriate reviewing enti ities, and begin. The Site
application shall be refer red cath ion shall
22 , if any, requited for the appli
23 notification and public hearings weet Thursday following the
hall be a max imum.
24 Plan Rev iew & lender Official.
ing
Ge he appl ion deemed suffici
25
tions,
26 (48) Simultaneous Aapplica for other development
. jadministraier, applicati ions
e
If approv by the Zon ing that also requires &
a a concurrently, Any appli ‘cation
approvals may be filed and re shall not be eligible for final approval until the
28 Ssp eci al Eex c 1G ption
variance art dior been granted.
and/or Sapecial Eexcep| tion has
29
80 variance all-othor-relaled-applications:
COR aurrently-‘at Fe subjectt
o-appreva! Lof- sideration-of
31 Be Applications-cubmitted o _gonqurently-cubmitted-apph icatlon-shall-step-cont
Benial-ordisap pl io te
at lo n-
reso lved ;
32 tne-deniad-ordisappreved.ap
33 any related -applie:atione-unli-
ulations
ioLan ngdD Lys e"velo opment Reg
3A (@)_Amendments and Change to this Code. hall apply te.
_any final site,3 pla sconibati
mendments th tion. Nes,
35 All changes,-and ite plan ap al_at the. ime of adop
36 it for 2 rentpr
shoul! e_plal approval. pire, the
a7 a ture application.
shanges, am! enninet of at
alla IPP.
38
approval:
39 tbeen-granted:p
-Beepdeniod: dop tion.of
AO
ve. lid pt inay-eite- plan-approval-at-the-time-of-a
Ad except for-tho: its-oF-ad
AR shanges; amenamonts
n Rreview.
43 (ed) P sretininaly Ssife pla including
and
plans BG y _goningy
Ri aview ageticies,
Action by Rreview Aagencies. and any 0! ther dap art rne nts
44 (4)
ity. Development public Wworls, utilities, ten ess —an d
shall review site, plans for
develepmenCom! com ple
as
by i Ceo unty Aadmi ator,
AG designat ed
Novernbel 14 Adoption 5
ccm
Land Development Regulations
DAE
Article 1, In G aneral S HS! 7. Site Pian Review
fons of the eurty and the
consistancy with the adopted plans, polidles and regulatl during the
comme! and con cl ns must b ‘made’
requirements of this section, All review at finel approva l, unless
nditio ns may be made
preliminary review, no additional comments,
~
authorized by the Zoning, Offigialadrninictrator,
the
@) Action by Zzoning- Offic inistrater. The Zzoning Official administrater-shalt review
these Jand Ddevel opment
6 application for consis with the Geomprehensive Pplan and
the final ni to approve,
Reregulations. The Zzoning OF ficialadministater shall issue the Zzoning
approve with conditions, or deny the site plan applica tion. Where
Officialadeninisteate or denies the application, the reasons for denial shall be states in writing for
io the record.
site pl. lan, the Zzoning Officialadminletrator shail
44 @) Approval Coriteria. In evaluating any proposed
42 consider the following:
with the Geomprehensive Pplan,
a The extant to which the proposed site plan is consistent
14 and
with these Land Déevelopment
is b. The extent to which the proposed site plan is consistent
16 Rregulations.,
approval shall not be construed as a
a7 (4) Effect of Ppreliminary Aapproval. Preliminary site plan
. It represe nts a general a cceptance of the site plan
recommendation to authorize any permits
iate conditi ons on the approva i to ensure compliance with this section,
19 and places appropr
Period of Yvaiidity. The preliminary plan approval shai {i be valld for a period of twelve-{12)
20 6) rninistrater-approval J and within which application for
21 months from the date of Zzoning Offi
Avelve- (42) months each may be
22 final approval must be filed. Up to two (2}-ex! tensions of up fo request a minimum of one (4)
| administrator-upon. filing auch
granted by the Zzoning Of
month prior to the expiration date. Such. & nsion_mus t be requested In writing and w
24
pays rent of he
the a
ap; 2 fee.
ee.
26 (fe) Final Ssite plan Review.
(1) Action hy Rreview Aagencies. Review agencie: ¢ including Community Develo pmentplannings
27 ies, and any other ce} ents designated by
zoning-land-development, Ppublic Wiworks, ve Ustilti
Ui
28 jans for consistancy with-this-seetion-and the
29 the Gcounty Aadministrator shall review N final site pl
approved preliminary site plan, taking int to account all previously made review comments.
30
ts, the
34 @ Action by Zeoning- ladminisirates. After considering the review agencies commen
with this section and
¢or-shall raview the final site plan for consistency
32 Zoning ©}
made review cormments.
3a the approved preliminary site plan, taking in fo account all previously approve, approve with
34 The Zeoning adm inistrator-shall then issue the final de cision to
modifications, ‘or deny the site plan application. Where the
Zeoning 2 ficial _administrater-denies
a5 be stated In ling for the ré rd.
the application, the reasons for denial shalt
36
ates an acceptance of the
Effect of Ffinal Ssite Pplan pproval. Final site plan approval indic:
37 (3) Ladrninistator-and a horizes nts fo apply for issuance-of
38 site plan by the Zeoning ©
n of the oning Off ministr ater-sh all be final and only
39 a building permit, The deci notice of decision to the
of the written
40 appealable by the applicant within thiry{30) days the applic ant waive s the right to
g a bul jiding permit ,
41 BZAboard-of-zoning-appeals, By obtainin Zoning Officie
be gran
Preview
Filing # 94397631 E-Filed 08/19/2019 04:03:33 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION KENNETH D. LEVY, M.D., ROBERT A. LEVY, and BERINDA L. LEVY, Plaintiffs, Vs. Case No. 2018-CA-000343 CHARLOTTE COUNTY, FLORIDA, A political subdivision of the State of Florida, Defendant. / BERNTSSON DEPOSITION TRANSCRIPT PART 2 Robert H. Berntsson, Esq. 3195 South Access Road Englewood, FL 34224 (941) 627-1000 rberntsson@bigwlaw.com Experience: Wideikis, Benedict & Berntsson, LLC Englewood and Boca Grande, Florida May 1991 to Present, Shareholder since 1994. Practice includes all areas of Local Government Law. Represented City of Punta Gorda, Florida, as City Attorney 1998 through 2005. Provide real property closing services for Charlotte County, Florida since 2003. Served as Hearing Officer for City of Cape Coral, Town of Fort Myers Beach and City of Bonita Springs, Florida. Represent Englewood Water District and Gasparilla Island Bridge Authority, both Florida independent special districts. Served as attorney for Charlotte County Charter Review Commission, 2009-2010 and 2015-2016 terms. Desoto County Code Enforcement Special Master since February, 2016. Charlotte County Attorney’s Office Port Charlotte, Florida October 1989 to May 1991 Acting County Attorney/Chief Assistant County Attomey. Heavy concentration in Land Use and Administrative Law including contract review and preparation, ordinance and regulation drafting and analysis, advising boards and county commission. Appointed Acting County Attorney, responsible for all legal matters of Charlotte County, January 1991. Southold Town Attorney’s Office Southold, New York January 1988 to October 1989 Assistant Town Attorney. Shared responsibility with part-time Town Attomey on all legal matters of Township. Amex | Vi Deponent i Datel dpe JOR. COM, Education; Emory University School of Law Atlanta, Georgia Received Juris Doctor, May 1986 Boston College Chestnut Hill, Massachusetts Received B.S. in Management, Concentration Accounting cum laude, May 1983 Professional: AV Rated by Martindale-Hubbell Board Certified in City, County and Local Government Law by the Florida Bar (August 2000 to present) Admitted to Florida (1989), New York (1987) and Georgia (1986) Bar Member, Charlotte County and American Bar Association Community: Special Magistrate, Baker Act Hearings, 2007 to 2016 Enterprise Charlotte Economic Council, 2008 to 2012 Member, Board of Directors for: Charlotte SkatePark, Inc,, 2002-2005 Charlotte County Family YMCA, Ine., 2001-2002 Charlotte Local Education Foundation, 1998-2002 Charlotte County Chamber of Commerce, 1993-98 President 1995-96 Term American Heart Association, Charlotte Chapter Vice President, 1997-2000 Economic Development Council of Charlotte County, 1993-1997 Graduate, Leadership Southwest Florida Class of 1993 Graduate, Leadership Charlotte Class of 1991/92 ‘ 3 16 C Ack’ LED Wi THE DEPARTMENT OFSTATE | sre ly 1, QM) an ORDINANCE NUMBER 2014-~-Q4U) AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF CHARLOTTE COUNTY, FLORIDA, AMENDING CHAPTER 3-9 OF THE 6 CODE OF LAWS AND ORDINANCES OF CHARLOTTE COUNTY, 7 FLORIDA, BY REVISING SECTION 3-9-5.1, SITE PLAN REVIEW, AND RENUMBERING TO SECTION 3-9-7, SITE PLAN REVIEW; 9 PROVIDING FOR APPLICABILITY AND PROCED URE; PROVIDI NG do FOR INITIATION; PROVIDING FOR APPLICATION REQUIR EMENTS ; AL PROVIDING FOR REQUIREMENTS OF AMENDMENTS AND 42 CHANGES TO LAND DEVELOPMENT REGULATIONS; PROVIDING 43 FOR PRELIMINARY SITE PLAN RI EVIEW; PROVIDING FOR FINAL 14 SITE PLAN REVIEW, PROVIDING OR CONFORMITY TO PLAN; 15 PROVIDING FOR MODIFICATION OF SITE PLANS; PROVIDING FOR 16 CONFLICT WITH OTHER ORDINANCES; PROVIDING FOR Vv SEVERABILITY; AND PROVID ING FOR AN EFFECT IVE DATE. 18 19 RECITALS y 20 WHEREAS, the Gounty’s Land Development Regulations (LDRs) were originall 21 adopted in 1981 and took effect on December 8, 1981; and WHEREAS, over time, Staff was directed to revise the existing LDRs and has 22 23 been working over the fast several years to accomplish the desired revisions; and 2A WHEREAS, the purpose of these revisions is to update development regulations s, to by removing some outdated regulations and requirements and adding new standard make the LDRs more user-friendly, and to be consistent with the County's 26 27 Comprehensive Plan; and WHEREAS, in order to thoroughly review and update the existing LDRs, Staff 28 29 has divided the project into three phases; and and 30 WHEREAS, Phase | focuses on revisions to the conventional zoning districts Chapter 3-9. BL some sections of Article 1. In General and Article Il. Special Regulations of CHARLOTTE COUNTY CLERK OF GIRGUIT GOURT 32 Zoning; and OR BOOK: 3923 PAGE 382 PAGE: 1 OF 12 1 WSTR # 2311982 Doe Type’ GOV Recorded: 12/4/2044 at 304 PM y Ree. Fe ECORDING $193.50. A 2 EXHIBIT. Cashier By NARCYLA Dopongntl’ co pate. won {liokt: apie. ths. 2 s of WHEREAS Phase Il will focus on all overlay codes and the remaining section 3-9, Zoning; and Atticle |. in General and Article Il. Special Regulations of Chapter WHEREAS, Phase II! will focus on regulations found primarily in Chapter 3-5. wetlands, landscaping Planning and Development, which may include topics such as and buffers, and site and commercial design standards; and WHEREAS, Staff is recommending that Chapter 3-9 of the Code of Laws and g Section 3-9-5.4, Site Ordinances of Charlotte County, Florida, be amended by revisin Review; and Plan Review, and renumbering to Section 3-9-7, Site Plan have previously -been heard by the Charlotte County WHEREAS, revisions Board ("P&Z. Board”) and, based on the memorandum dated 10 Planning and Zoning and the evidence presented to the P&Z Board, has been a1 August 29, 2014, 42 recommended for approval on September 8, 2014; and considered the revisions in public hearings held on 13 WHEREAS, the Board 14 October 28, 2014, and November 25, 2014; and - the Board has determined that the changes are consistent with the 45 WHEREAS, and are in the best interests of the County and its 16 County's Comprehensive Plan 7 citizens. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners 18 19 of Charlotte County, Florida: of Charlotte County, 20 Section1, Chapter 3-9 of the Code of Laws and Ordinances , Site Plan Review, and 24 Florida, is hereby amended by revising Section 3-9-5.1 renumbering to Section 3-9-7, Site Plan Review, by adding the underline nguage and 22 in Exhibit “A” whic! is attached 23 by deleting-the-stricken-language to provide as shown 2A hereto and provided herein. 25 2 Section2. Conflict with Other Ordinances. The provisions of this Ordinance shall Rees t herewith to the extent of said supersede any provisio n of exiting ordinances in conflic conflict. if any subsection, sentence, clause, phrase, or portion ion Os.3. Severability, Sect OF titutional by any court of 6 of this Ordinance is for any reason held inval id or uncons be deemed a separate, distinct, and competent jurisdiction, such portion shall not affect the validity of the remainder of independent provision and such holding shall this Ordinance. 10 upon its filing with the 12 Section 4. Effective Date. This Ordinance shall take effect 12 Office of the Secretary of State, State of Florida. 43 44 18 46 Ww 18 19 20 at 22 23 24 | [SIGNATURE PAGE FOLLOWS] ‘ ioer PASSED AND DULLY ADOPTED this 5%. day of _Novem 1 2014. OF BOARD OF COUNTY COMWERSICNERS CHARILOLTE COU TS FEORIDA, *> By: _ (diandP Wiliam & — effaingart & + iE 40 a4 vs 14. Oy of 42 aay ATTEST: “ 13 14 Barbara T. Scott, Clerk of bs Circuit Court and Ex-Officio 16 Clerk to the Board of County aioe, Yeo seen 7 Commi 18 By:\\.) . 19 Deputy Clerk 20 24 22 APPROVED AS TO FORM G 23 24 25 Al ND By: GAL SUFEL cP os MOE VentAttoerney ee rire Aatte S. Knowlton, County 26 LR2014-2992 27 28 29 30 31 32 33 34 36 37 38 39 : Regulations/fevisions to SiteplanReview.doc ces: Ri avisions ta Land Development 40 Pslwpdatalpubticikarentordinance\Ordinan 44 LR2gtd- 2992, Land D evelopment Re ey jations apter didnt Wh 8 tion, Sec, 3-9-5-47. Site Pplan Rreviews ap; ply. to any tequiest for development (a) Applicability and Procedure, The following procedure shall drip! except Individual, nal je-fami idual sing! (individ ng foregol ning OFF ri ay exempt from_ ot 2-site;--planrevi nd—sha See ed fot the following any, develop an Loy oiecti eRe developrentactivities: Nove: 212014 Adoption Lan Regulations, 3-8, Zoning Asti Gel 83 2 on. 7, Site Plan Re lew. a oy a ae ee as i a Gacy ak Core micas call BA Ge Sebac Pen Ase) a a aa Ve Bol eee ra eu Ny Ee Ee ee i iar ie ae BBR ne mere - — November 2014 loption 2 Regul lati velopment, Reguiayons Shap! ter 3-9. oning, eral Si SitePi lan Review Review ne on CHEM TAL pec Supriciency Review sii Pacuibatary Sys PLAN Agency Revie EVIEW AND COMMENT tee re \V a a i ie Sy, Bynat Jo. iS FIgan SITE PLA SENEY REVIEW manny JN Rewyvew ano COMME t Eee Ps st eu ke I vidual-single-farmlly-homes;-{singie ) fA) sesidential-development avith—the- excaption--of-indi duplexontiplex: {2)-~All- nanresidonilal- developments: i ich -has-a-plokup-windaw;- drive thretacilitytor 43)- _Any-fapility,-cithor new, modified-or-remodeled-wt 6 xohicles-ragardiess-of-size- t-losated-swithin-a—surfal swater--protection—distiiat-as 44)--Any--subdl davelopr the purpo se—of -this—paragraph;—"new dasignated-in—4 he! GeomprehensivePpla n-{For— cipal - awhich-requl ines 4-building-permit-for-new-prin development!-shall- maan-any-lmprovament ision~ previo usly-- approv ed-—by - the conetstion.)--New-development-lecatedwi ithin-a~ subdiv 10 n: Seounty-shall-be-oxemplfront-this sectio an Novernber 2074 Adoption Land. elopment guiations hapter ing idle. ral Si 9-7, Site Plan Review proposals—whioh-the--Zzoning administrator Official may-require-to—-be 6} _.Ggrtain-development- wed-when-o the following more-oFne-(1 are-met: )-oF- favio a.-Hightraffie hazard-tocations: b, Additions -ermodifications-to-existing-develapmenis- 6-~-Unanticipated types-of developmentwhish-are-unusualtethe-area- {6} -Site-ph lans-ass ted-with-sy ini-exeeptt arianoes-shall- d-carnmanis. wy fre rf the—Z Hn provided: --(ne-—-appraval—shall pe—implied.—by-—this-— Affigialadminietrator, initiation, A request for Ssite plan-Pi lan Rreview may only-be Initiated by any Ie gal Ir (b) perty: however, an applicant 10.Js not the ownerof the subject 18 Te 10 in th! {he-ewnera a fo p) evidence of legal authority from the owner to submit {-the~subject~propedy upon iling—of-an-applisatios eV. aIne’ S, a2 agen egisteres 1OYOr,. a3 ant hulk ding lay andseaping._plans, . pie hall_be_ prepa Jonal enginee! wetive. hiteot, respectivel a Sei e Pplan ‘Rreview process shall 14 bro Ke prel iminary and final r a single comprehensive review.-Each as consist of either a bifur 46 raviow-cyele-shall-he-a- maximum af three (3).weeks- in accordance with uw (©) Application Rrequirements. A request for Seite Pplan Rreview shall be submitted 18 the following requirem ents : under this section shall be submitted on forms and in such 49 () Forms. Applications byrequired the Zzoning,O} claladminisizater, 20 numbers as required an (2) Fees. mun Ail applications and associated fees shail be filed with the Com: nur pment zoning 22 a 23 Pdepartment upon submission of an application. permit fees to 24 The BCC board-of county-commissionars. shall, by resolution, fix reasonable inistrater . These fees shail be reviewed on ar 25 be charged by the Zeoning-_Officialadm 26 annual basis. 27 An applicant who has. paid the appropriate fee, bul who chooses fo withdraw their 28 application prior to its dis tribution for review shall be entitled to a refund of the total ammount 29 paid minus 4 minimum of fifty-deliars-<$50.00 } but up to a maximum of ten 40}-percent for nt soning 30 administrative costs, upon written reques! + to the Community Developme Ddepartment, Once revie wv has begun, no refund shall be available; -exeept-th at-any 34 32 yrused nolise-surcharges-# hal-be-rofunded-less-ten(10)-percentforadministrative-costs, may-require-aa-applicantte 33 B)—Ai ubhotity-to-Pile-Aapplication- The-Zeoring-Offisial. administrater 34 presatl Lovidence-ofauthory-te-submitthe-appili ion: 35 (43) Applications Ssulfieient for-Pprocessing. ted by the 36 a. Completeness Ale’ view, All AN applications must be sufficient-deemed comple on to review the applicati 37 ngOffi {for processing before the Ceo unty is requiredns or modifications content, smpleteness review process, no addi 33 1, submittal nless requested or agreed t _by the Zoning Offic 39 mai be som fed wil two business days, The Zoning Official. rm: rements. 0. An-applisation-shail-be-sufficient- for-precessing-when-it Ad n_nacessary-to-decide-whether-or-not-the-develapment-as AQ containe-all-of propased. wilt complyau ith-all- oLthe-re quirements-of this-section, 43 Novernby 4,Adontion elope ve ions, hapter, 9. Zon Seneral <7. 2 Plan Mao. Review be-made-to appl ica! tion -is- subm itle d, no-a dellti jons- oF-modification: e-may- enciog-and p.--Once-a-complete- the: -Zouin i}.--Only-the-reviaw ng-ag fyo-submittaluel alkJess. require d-by-the tions Sg8-Fee ha ost changes: _AlL -raq uest ed-addi tions—andi Jor -nodifica ired: zoning-adeninistrator-may-raqu ew -eye le-a e-s pec ifi cal y-raqu ys “pri jor-te-the-ot nd-of the revi d-in-bwe ust bo-completed-faur-(4)-da ing-# drninistrator hisreview s -be-sornplates ff: ar-Zon 5 by-the- “yeviewing-agensy- calion ts neeeesary pli fon- ahal l-be -tha t-al -ott he. information required d -tt- tho-appli each-appication-As The presum - . However, He-recognized- that -section . omofon thists g- to-the-neads-of fo-satishy-the-reg wuir for mat may ion - pe-ro quira d-acc ordin r-less-in unigue,-and-theretore- more-o5 tho- ceco mmen dati ons- s.af-tho-2oniAg 9 ular dev elo pme nt] The-applisantmay-roly-o d: the. apio tio 46 -or-less inform ation shoul -be-submi administrator-as- to. whethor more )five a suffi hall be completed within ton-40 42 Sufficiency Review, The revi ‘weoadii ne-f or-e ubri itia l-oF appl icat ions, _working days of the platen be prov ided to the 43 lencies the applica tion will a4 and a written notice of any In fic icant te provi ide any req uire d addi tion al. or applicant, The notice shall request the appl days from the dale of the appl ican t shal l have ten, the corrected inform: ation. The axeHeeded-date-to supply er exten 16 application opthe-Zonl notice of insufficiency fn the he acce pted for revi ew, or such jong Wy r for the a pplication to information required in orde ti of the on Zoni ng O} fficial. fiche. 18 fime as may be spec ifie d in the noth t the discre 49 is determ ined to be suff icie nt for pr ‘ocessing, the gge. ie. Once a n application ion has been acce pied for review, copies of the lan Review, 20 24 int shail be notified that tothe theapplappr icat the process of opriate reviewing enti ities, and begin. The Site application shall be refer red cath ion shall 22 , if any, requited for the appli 23 notification and public hearings weet Thursday following the hall be a max imum. 24 Plan Rev iew & lender Official. ing Ge he appl ion deemed suffici 25 tions, 26 (48) Simultaneous Aapplica for other development . jadministraier, applicati ions e If approv by the Zon ing that also requires & a a concurrently, Any appli ‘cation approvals may be filed and re shall not be eligible for final approval until the 28 Ssp eci al Eex c 1G ption variance art dior been granted. and/or Sapecial Eexcep| tion has 29 80 variance all-othor-relaled-applications: COR aurrently-‘at Fe subjectt o-appreva! Lof- sideration-of 31 Be Applications-cubmitted o _gonqurently-cubmitted-apph icatlon-shall-step-cont Benial-ordisap pl io te at lo n- reso lved ; 32 tne-deniad-ordisappreved.ap 33 any related -applie:atione-unli- ulations ioLan ngdD Lys e"velo opment Reg 3A (@)_Amendments and Change to this Code. hall apply te. _any final site,3 pla sconibati mendments th tion. Nes, 35 All changes,-and ite plan ap al_at the. ime of adop 36 it for 2 rentpr shoul! e_plal approval. pire, the a7 a ture application. shanges, am! enninet of at alla IPP. 38 approval: 39 tbeen-granted:p -Beepdeniod: dop tion.of AO ve. lid pt inay-eite- plan-approval-at-the-time-of-a Ad except for-tho: its-oF-ad AR shanges; amenamonts n Rreview. 43 (ed) P sretininaly Ssife pla including and plans BG y _goningy Ri aview ageticies, Action by Rreview Aagencies. and any 0! ther dap art rne nts 44 (4) ity. Development public Wworls, utilities, ten ess —an d shall review site, plans for develepmenCom! com ple as by i Ceo unty Aadmi ator, AG designat ed Novernbel 14 Adoption 5 ccm Land Development Regulations DAE Article 1, In G aneral S HS! 7. Site Pian Review fons of the eurty and the consistancy with the adopted plans, polidles and regulatl during the comme! and con cl ns must b ‘made’ requirements of this section, All review at finel approva l, unless nditio ns may be made preliminary review, no additional comments, ~ authorized by the Zoning, Offigialadrninictrator, the @) Action by Zzoning- Offic inistrater. The Zzoning Official administrater-shalt review these Jand Ddevel opment 6 application for consis with the Geomprehensive Pplan and the final ni to approve, Reregulations. The Zzoning OF ficialadministater shall issue the Zzoning approve with conditions, or deny the site plan applica tion. Where Officialadeninisteate or denies the application, the reasons for denial shall be states in writing for io the record. site pl. lan, the Zzoning Officialadminletrator shail 44 @) Approval Coriteria. In evaluating any proposed 42 consider the following: with the Geomprehensive Pplan, a The extant to which the proposed site plan is consistent 14 and with these Land Déevelopment is b. The extent to which the proposed site plan is consistent 16 Rregulations., approval shall not be construed as a a7 (4) Effect of Ppreliminary Aapproval. Preliminary site plan . It represe nts a general a cceptance of the site plan recommendation to authorize any permits iate conditi ons on the approva i to ensure compliance with this section, 19 and places appropr Period of Yvaiidity. The preliminary plan approval shai {i be valld for a period of twelve-{12) 20 6) rninistrater-approval J and within which application for 21 months from the date of Zzoning Offi Avelve- (42) months each may be 22 final approval must be filed. Up to two (2}-ex! tensions of up fo request a minimum of one (4) | administrator-upon. filing auch granted by the Zzoning Of month prior to the expiration date. Such. & nsion_mus t be requested In writing and w 24 pays rent of he the a ap; 2 fee. ee. 26 (fe) Final Ssite plan Review. (1) Action hy Rreview Aagencies. Review agencie: ¢ including Community Develo pmentplannings 27 ies, and any other ce} ents designated by zoning-land-development, Ppublic Wiworks, ve Ustilti Ui 28 jans for consistancy with-this-seetion-and the 29 the Gcounty Aadministrator shall review N final site pl approved preliminary site plan, taking int to account all previously made review comments. 30 ts, the 34 @ Action by Zeoning- ladminisirates. After considering the review agencies commen with this section and ¢or-shall raview the final site plan for consistency 32 Zoning ©} made review cormments. 3a the approved preliminary site plan, taking in fo account all previously approve, approve with 34 The Zeoning adm inistrator-shall then issue the final de cision to modifications, ‘or deny the site plan application. Where the Zeoning 2 ficial _administrater-denies a5 be stated In ling for the ré rd. the application, the reasons for denial shalt 36 ates an acceptance of the Effect of Ffinal Ssite Pplan pproval. Final site plan approval indic: 37 (3) Ladrninistator-and a horizes nts fo apply for issuance-of 38 site plan by the Zeoning © n of the oning Off ministr ater-sh all be final and only 39 a building permit, The deci notice of decision to the of the written 40 appealable by the applicant within thiry{30) days the applic ant waive s the right to g a bul jiding permit , 41 BZAboard-of-zoning-appeals, By obtainin Zoning Officie be gran