Planning and Zoning Board - Regular Meeting

25th, 2025. Um, and can we do a roll call? Tony Gray here. Patrice Patrick here. Robert Cipher here. James Wilton here. John Rinders here. Charles Lewis here. Heather Kowski here. Thank you. Thank you. I pledge allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Are there any announcements that you guys might have or All right. All right. Good afternoon. Rachel Barry, zoning official for the record. Um, so I can go ahead and announce that we are in the process of moving our office. Um, so if you have tried to get in touch with me today or if you try to get in touch with us tomorrow, I apologize. Um, you might want to send me an email and I'm checking in as much as I can. So we are relocating from our office on TLS Plaza. We're moving back to the city annex. Um, the physical address will be 126 Harvey Street. We'll be on the third floor. Um, but our mailing address is still going to be the 326 West Marian Avenue. Um, but if you need to physically come see us, we'll be at 126 Harvey Street.

Thank you. Um, our next meeting will be Monday, September 22nd. Anybody have any conflicts that they know of? All right. Good. Um, I I guess if there's anybody who wants to address the planning commission, doesn't look like there is anybody, but if they do, you have uh at the appropriate time, you have three minutes, and you'll have to state your name before you speak. And next, we move to the approval of the minutes from July 28th, 2025. Does anyone have any additions or corrections? Seeing none, I'll entertain a motion to approve the minutes. So moved. Second. It's been moved and second. All those in favor say I. I Nanis I.

Um, next we have a legislative public hearing and the first one is SRC2 2025 a bond reduction request from the performance bond posted on CC coke. You guys see get this one right? It's yeah seaggrass phase one. Good afternoon board members. Rachel Barry zoning official for the record. Can I first Oh yes. Anyone intending to provide testimony uh during today's proceedings, please stand and raise your hand. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth during today's proceedings? I do. Thank you. Do I need to read the ordinance title?

All right. So, I am also going to read the uh title of the draft resolution so that we have it on record. All right. A resolution of the city council of the city of Pontagora, Florida, amending resolution number 3774-2024 approved by the city council of the city of Pontagora, Florida on June 5th, 2024, which approved the final plat of seaggrass phase 1. One right, one right. According to the plat thereof as recorded in platbook 27, pages 10 A through 10T, inclusive public records of Charlotte County, Florida, subject to the provisions of a subdivider's completion bond in an amount equal to 110% of the engineers's opinion of probable costs of on-site and off-site improvements attached as exhibit A to this resolution, providing for a reduction to the subdivided completion bond to an amount not equal to 110% of the engineer's opinion of probable costs of remaining on-site and off-site improvements attached as exhibit B to this resolution authorizing the city clerk to forward this resolution to the clerk of to the clerk of the court for recording at the applicant's expense and providing an effective date. All right. So this uh request was application number SRC02 2025. Um as you know summarized already they are the applicant is requesting a reduction to the bond that was provided when they were planning out seaggrass phase one. Um most of those improvements are already done. The city has already accepted the utility packages uh the utility improvements that were constructed. Uh the city has already accepted those taken those over. Um, and so they have provided an updated opinion of probable costs for the

remaining improvements and a bond in 110% of that amount. And the agent's also here if you have any questions. Thank you. Todd, do you want to say anything? I I want to know what a detectable warning device is.

Good afternoon. For the record, Todd Ree with Atwellport Charlotte. Um, on behalf of BFK Seaggrass LLC. So, as Miss as Miss Barry spoke, um, basically what this process is is we post bonds for improvements along with the plat. And then as those improvements get done, we release the bonds because they're been, uh, certified complete. Um, and what's remaining on this project is basically sidewalk. And what typically happens in a subdivision like this is the sidewalk gets built with the house. And that's because if you build all the sidewalk front, as they cross it, they crack it as many of us have seen in the city happens, right? And so they just usually wait and build that as the house is completed. And so we won't be before you for some time until that is done. Uh detectable warning strips are the ADA crossings, the little dome truncated domes at sidewalks where you cross the street.

Oh. Um those are those are the detectable warning strips. So those are included in the bond. Thank you. I'm available if you have any other questions. Any questions from the I do. Thank you. I have questions. Yes, sir. Look, utilities are all in. They've all been tested. Tested us for the record. Yes. The the the utilities have been tested, certified, and are being currently used. So, yes, they're all operational at this point for phase one. At this point, it looks like you've sold like 20 houses. I don't know. I don't know. As far as the actual sales, there's been more houses constructed than But relative to sales, I'm not sure.

All right. Um the there's still some leans that are popping up on the property when you look at it. Are all the subcontractors paid? Um I'm not aware of anything. Once again, I don't I don't deal with that. Okay. Because that that's an avenue for subcontractor to get paid is through the bond process. Isn't that correct? Uh no, sir. The the bonds are only for the improvements. So there's nothing in there relative the city is protected by the bond. That is correct. TS. It's for the public. I'm not aware of any contractors being able to get to the bonds. It's just for the completion of the improvements.

How much did the engineering study cost for? You got an engineering review done on phase one. How much does this cost? Do you know? I'm not sure I'm following. So, you're saying the engineer gave you a bill for what they did for you for this hearing? Oh, no, sir. That's that we pay an application fee and Miss Curry can give. I don't have that off the top of my head, but yes, we we provide an application to the city. We pay whatever fee is is a part of that process in order to process the application. I think he's talking about the updated opinion.

Oh, that that's us. We completed that for the client. Is that what you're asking? The the engineer's opinion of probable cost. You did that. Yes, we we completed that for free. No, no, I don't I don't have I didn't bring any of that documentation, sir. But I would assume it would be somewhere in the $3,000 $4,000 amount to do our inspections and and completion of the application, but that's not included in the bond. That's a different contract. I understand. Yeah.

So, what you're saying is the curb and gutter and the sidewalks are all that's left. curb and gutters in only the sidewalks and the truncated domes, the warning strips at certain crossings are not. Well, I know that. Yeah, that's the last thing you do when you put in section. That's correct. That's all that's that's remaining. And who bears that responsibility? Heather Ky for the record. That that stays with the

stays with the developer. That's correct. There's still an agreement in place with the bond and that's in there's a developer well it's a resolution in the city that still binds uh the developer which is BFKLCrass LLC. So if the reduction of the bond goes through today or we make a recommendation for it to go through and how much money will you save or on your bond cost

you as far as fees with the bonds? I don't know what that that's once again that's with the developer. I don't know what the fees are but it's kind of like insurance. So it's it's probably a percentage. Um I think they're 6 to 8% depending on who you use. Do you know how much the original bond was for? Yes, sir. I do. $6,865,82182.

You can read that number again. 6 million. That's a lot of It's right It's right in the application. Yeah, it's it's part of the application. So, it's 6 million 865,82182. Any other Anybody else have any questions? I I'm sorry. I have one more question. Sure. Absolutely.

Heather Kuffki again. Uh so I had experience with um this sort of circumstance and about 5 years after the fact the roads of the subdivision crumbled and were um just really poor quality. and the county had already in this case it was a county the county had already returned that bond and so now that cost was borne by the residents. So I assume and I'm I'm new to this process here so this might be a question for the board but what what process do we have in place that goes and looks at the quality of the roads and the sidewalks and the installation? Um I'm sure some process has happened. I just don't know what it is. So this is a little and and unfortunately that kind of thing happens sometimes, right? But it's uh these are private roads, so the city doesn't have any real stake in these. Uh like you said, um it would be borne by the homeowners, unfortunately. Uh typically, your contractors will put in performance bonds that are good for depending on what the ask is, 1 to two years, and the longer that ask is, the more cost there is to the developer for that that warranty. basically. Um, however, it's unusual to see things last 5 years and then start failing. Typically, if uh if the asphalt wasn't laid thick enough, you'll see it start alligator cracking way before that. And so, it would be picked up in that warranty phase. Um, 5 years would be a that would be a long time in my opinion before a a failure would show um if it was being used.

Yeah. But it it's it's unfortunate what you said, but that does happen sometimes. And you know, once again, it's it's when you're dealing with national homebuilders, their job is to try to make sure that, you know, this isn't a one development, get out and oh, we took everybody's money, so we can walk away. Um, so it is very important to have products that are finished and completed correctly because that that gets out there and that hurts sales down the road. But I'm not saying that that doesn't mean that that it doesn't ever happen because it it can things happen. So how long is the road what is the performance warranty or or what's that process? Do we know?

So that's all part of because it's private has nothing to do with the city. So there's we don't have to show we're not turning the roads over. If we were turning the roads over then whatever the city requirements would would be in effect and we would have to provide the city with a warranty bond. But as of right now, because it's private, it would that warranty bond is between the contractor and the developer as far as making sure that that that work is complete and done because the contractor was paid by the developer for a product that should meet um a standard.

So our bond covers which liability then to us? your bond, the original bond is put in place um in case the developer goes defunct because as soon as the plat is recorded, then you can start selling properties within that plat. And so there's no roads in place, there's no water and sewer. So in theory and I have seen it unfortunately in my career when 2008 2009 happened there were developers that went defunct and then the municipality whoever held the bond which in this case would be the city of Punter would have to go to the bond company pull the bond and then they would have to actually complete the improvements on the property.

Okay. And so which what are what in this circumstance it's that same liability. That is correct. The sidewalks are still bonded which means that we're reducing the bond down to just that. And if something happened developer walked away and said I'm done with this then the city would have to step in secure the bond funding and complete the construction on the sidewalks. Okay. Okay. Thank you. Anybody else? All right. Uh we'll open it for public comment. Anybody wishing to speak on this issue can step forward and have three minutes. Second call. Anyone wishing to come forward can step now. Third call. Seeing no one, I'll entertain a motion to close the public hearing.

So move. Seconded. Moved and second to close the public hearing. All those in favor say I. I. I. Passes unanimously. Next we go to SRC3 2020. Oh, wait. We have to Sorry. Thank you. See, that's the way you're sitt um I'll entertain a motion to approve the bond reduction on SRC 02 2025. Anybody want to do that? So moved. Yeah. Moved. I'll second and second. All those in favor say I. I.

Opposed. on what grounds?

Well, I've got a couple of questions. Uh, number one is I'd like to hear what the city says for the procedure on the bond that was issued on that development because we just gave them the same bond information for the second phase. So they're they've got a bond on the entire second phase, but now they want a reduction on the first phase. And I want to and he also already mentioned 2008 and n about people walking away from properties when the developers became unsolved.

I I think he was talking Chuck though that they hadn't done the improvements. these this engineers has certified that all these improvements have been done except the two the two remaining things the portion of the sidewalk and um uh what was the other one? Oh, the device the warning devices. So, they put up 110% of the cost of that. So, they're they're out of the rest of it. They've already been certified. It's been approved. It's and it's a performance bond for the city so that the city doesn't have to do it. Actually, this is a separate like taxing authority out there and that's why the city really is a good thing for the city because they don't have any liability. I understand that. I'm trying to keep it that way. Well, that's that's what they've done. So,

so it's the engineers have certified um the D has certified wastewater and potable water been done. That's in your documents. And so, I saw that. Yeah. You you can say no, but I just want to make sure we understand why because we have to put that in our report. Rachel,

has anybody else gotten reduction on bonds on other developments? Rachel Barry for the record. Um, not that I am aware of from my understanding. Um, not necessarily. Uh, we were already working on a process to update chapter 2A that would have included this entire process. Um it's just been placed on pause. It's already gone to the second reading u before council. Um but they delayed it to a date uncertain. So we'll have to readvertise and bring that back. Um but we're already in the process of making changes so that that would apply to every development, every plot that's coming in.

So you do that's a normal procedure, right? To reduce the bond and it's part of the agreement once once the improvements have been made and certified. Um then yes. Yes. and and sorry, Heather Ki and some period, right? There's some kind of period after the sidewalk's laid. I'm assuming that there's some kind of period that make sure the sidewalk doesn't cave in on itself.

That I really can't um speak to. Um Mike Todd um the agent for this mentioned you know this is a a private development and so those improvements would be u maintained by the the homeowners association property owners association um if there was already um covenants submitted correct um so yes we also did receive a copy of the covenants um that will apply to the subdivision So

for the record again, Todd Reeel with Atwell Port Charlotte. So let me just answer really the some of your questions. So Seaggrass was the first major plat that had been done in the city of Punter since the late ' 80s. Um the majority of the city has been developed, right? And so this property was annexed in um you know as what was it called back in the day? um the outdoor mall that it was supposed to be. Um so that's when that came in. So this is like the the largest track of of unplatted undeveloped property that that was brought into the city. So when we first came, we met with staff on the process and literally your your codes which are still in place are so antiquated regarding subdivisions that it literally said that you shall submit a plat in pen and not in pencil. So that's how old they are. All right. So it's it's pretty old. And so major platesses, which to answer your question, these happen all over. There are two ways to get a plat recorded in the state of Florida. One, you construct all the improvements, certify them complete, and then record the plat. Or number two is you would put forward a bond for all the improvements to protect the public interest. Um because as you may know in Charlotte County, um and some places in the city, we have plats that were done back in the 50s by GDC and they never built the roads. So those are called paper streets. So you were able to record a plat, go out and start selling lots. People were buying their little piece of paradise. Little did they know they didn't have a road. So that process has been modified over the years. And so now in the state of Florida, if you want to record a plat, you either have to build everything and then record or you have to post a bond. Every municipality has a little

different. Charlotte County just took their standards up which is now the new state standard which is 130%. Um because what ends up happening is um you know construction costs vary and depending on how long a subdivision I mean ultimately this is a cost for the developer in order to carry these bonds. Like I said it's like an insurance so it is a cost and so they want to try to reduce these as soon as possible. as far as um when you're dealing with a a POA, property owners association, until it is turned over, which is like usually 80% sold, the developer funds the entire POA, which means if the sidewalk starts crumbling before that time period, the developer would have to step up and complete until it's officially turned over to the HOA or the POA, then really um the developer's on the hook. And so I think there's a little certainty there that the majority of the work will be done 80%. Um like I said, you can't ever outthink bad things that can happen. But the process, which is pretty consistent, every municipality I work, I work in Dodto, I work in the city, I work in Charlotte County, I've done work in Sarasota, I've done work in Lee County, city of Fort Myers, they all have somewhat similar uh processes. Now, the reason why this is kind of new to you guys is because you don't typically see this kind of scale of development. Um, you've had minor plats recorded which are utilizing existing roads, existing water and sewer systems. So, there's not really a bond that gets placed on those plats. They just get recorded and they split the property up and then you can just buy and sell them. This is different because this created new lots, new roads, new infrastructure that had to be built and constructed along with the the subdivision. So that's kind of what this whole process was. That's why it's a little unusual, but it is pretty

standard fair across all the state of Florida. This process. Thank you. That was a good synopsis. Thank you very much. Yeah. I have a question. Yes. That property was converted from commercial to residential. Correct. Before my time, Rachel might know. I think some of it was, not all. There's a mixeduse component of it. So seaggrass is on the south side, sea cove is on the north side. Um so both areas actually fronting on Jones Loop, those are still commercial. So with the mixture of the development, they put the residential back off the road and then the commercial will be lining Jones. How much of this bond affects the commercial part? Zero.

Zero.

Yeah. And and just to further that um this property um went through originally when um the the previous develop I don't know why I can't think of it the outdoor uh mall it was all highway commercial the entire property was highway commercial um when this project came forward we applied for a PDV which is a planned development village and as part of that is like Rachel said the commercial being lining and uh the two um properties to the north and south became residential. So to answer your question, it was at one point a commercial zoning district. It was always proposed to be a mixeduse development because the outdoor mall was going to have residential component mixed in with it. Um, but they never got far enough uh through the process

with the city council going through all the amendments that they're going through and the revamping of what they're writing. This is I'll agree old antiquated from what I read. However, we don't have anything in place if the city council has approved that would give us any guidance.

For the record, again, Todd Ree. Um, so the state has just passed two new laws. Uh, I say one being newish. um July 1st, 2024, there's a new law that was passed regarding um the bonding process and and what can be done at preliminary plat um which is I would say tilted more to the favor of developers to allow them to do more at a primary plat with a larger bond 130%. um you can pull up to 50% of the building permits under that plumary plat which I say plinary plat is really a preliminary final plat you still have to have improvement plans etc as part of that um and then just recently um this July in 2025 the state further added new rules and regulations regarding the plotting process that basically are trying to make this whole thing administrative because really it's a ministerial process meaning that there really isn't a way to deny a plat if you meet all the zoning criteria of that um unless there are specific technical elements that have not been met in chapter 177 which is the platting uh statute in the state of Florida. So, they're actually making this more administrative to where city surveyor or hired city uh representative for the surveying would review it, make sure it meets uh all the technical requirements of chapter 177 and then Miss Barry and her department would do a zoning review to verify that it's consistent with the approved plans as well as any zoning uh specifications and then it would just get approved because there's the planning process is kind of like at the end of the road. It's It's like everything else, all the meat and potatoes has been done. This is just how really the subdivision of the property for sale is is uh completed.

Okay. You said the state law was passed July 1st of 2024. That was for the additional bonding requirements and what you can do with the plumeary plat stages at 130%. That's correct. And you you are proposing 110%. That's correct. Why wouldn't you propose 130% of the remaining? Because the city hasn't changed the ordinance yet and it says 110%. Well, but also I mean on that like we're not um giving them the same room to maneuver that the 130% g would give. Correct.

So we're they're not asking for more um leeway which would we ensure at a higher rate at 130. This is just for the remaining sidewalks and um bumps, whatever those are called. So the ADA requirements. Yeah. So the ADA requirements. So if the remaining bond covers the estimated amount for the city to put those in, that should be plus 10%, you know, to go over time.

Yeah. The reason why it got moved, that's a good point, to 130 is because there was a little bit more risk involved with uh the they the state came up with a hey, we're going to give you more building permits that you can pull underneath that plinary approval, but we want more protection by going to 130%. So that's what you just summarized is correct. Would you be willing to amend your application to 130%. Uh that's not my call. That's the developer. I don't know. Uh I I would say probably no because there's nothing and talk about the remaining balance.

I'm right. So in order to get to you today, we have already provided an updated affidavit and everything. The new bond is like the original bond is already a part of your package. So there like we'd have to come back through the process to do 130%. And I don't know if you can ask for that because it's not in your ordinance. No, it's not. Well, we're trying to write the ordinance and I'd like to I'd like to see that the city would uh you know, kind of like go hand in hand with the state. I I couldn't agree more. All right. Well, but they haven't gotten there yet, but they're going to get there. They just need information.

Correct. It was supposed to be in place October of 2024 and uh when it was brought to city council, they they tabled it. I haven't had it since October 2024. Yeah, I agree. here in the city. Any more questions? All right. Thank you, Todd. Thank you. Um, this we've already had the public hearing. We've closed the public hearing. Um, I'll entertain a motion to You already had We already voted. Oh, we already voted. Oh, we were answering. Are you Are you still a no? You're still no and uh I would I'm going to stay a no because I don't think there's adequate protection and I'd like to see it at 130%. that would match the state level

even though our our code says we have 110 and everybody I mean our code doesn't say you can't just impose that on Chuck I'm not I'm not well they can't by our current LDRs they can't get a reduction in the bond until the project's complete yeah that's exactly they but they posted now we're trying to give them reduction in the bond and the project technically isn't complete no but the agreement is in order that they don't have to keep paying for $6 million bond which I get that part. I was just cutting it down to whatever the balance. No vote. I'm okay. Okay. Okay. We're all good. Okay.

Uh next we're going to have open up the hearing on SRC3 2025 bond reduction request for Cove City.

Good afternoon again. Rachel Barry zoning official for the record. I am going to read the resolution title into the record. A resolution of the city council of the city of Pontagorta, Florida, amending resolution number 3775-2024 approved by the city council of the city of Pontagorta, Florida on June 5th, 2024, which approved the final plat of Cove according to the plat thereof as recorded in platbook 27, pages 11A through 11F, like Frank inclusive public records of Charlotte County, Florida subject to the provision of a subdividers completion bond in an amount equal to 110% of the engineer's opinion of probable costs of on-site and off-site improvements attached as exhibit A to this resolution providing for a reduction to the subdividers completion bond to an amount to equal 110% of the engineer's opinion of probable cost of remaining on-site and off-site improvements attached as exhibit B to this resolution authorizing the city clerk to forward this resolution to the clerk of the court for recording at the applicant's expense and providing an effective date. So effectively this case is just about a duplicate of um the one we just heard. Um Cove um those utilities have already been accepted by the city. Um and so they uh the developer is requesting the reduction to 110% of the remaining improvements.

Any additional questions? Okay, Todd, you're you're on. I don't know that we'll have any additional questions, but good afternoon. Again, for the record, Todd Reel with Atwell Port Charlotte. No. Uh, no additional comments. Uh, you know, we we certainly agree with everything Miss Perry just said. I'm here if you have any other questions. Be more than happy to answer them. Any questions? All right. Hearing none, we'll open the public hearing. Uh, anyone wishing to address the planning commission on this subject may step forward. They have three minutes and state your name. Seeing no one, second request. Third request. Okay, we're we're done with the public hearing. I'll entertain a motion to close the public hearing. So move. Second.

Move the second. All those approve. All those in favor say I. I. I. I. Um and all opposed. Sorry. No. Yep. You said close the public hearing, right? Yeah. I'm sorry. Okay. Now we need a motion. I'll entertain a motion to approve the reduction of the bond. I'll make that motion. Second. Second. Second, Tony. All those in favor say I. I. I. I. No pros.

I'm still a no. I don't think the city has has the right language in order to address the bond reduction. I would like to see that as part of the LDRs. That's a good that's a good point and and you can make that as a condition if you wanted to and and vote with that condition, but we'd have to make we'd have to previous vote will be on that condition and this votes on that condition. Okay. All right. Um, anything else to come before this board? All right. We're done.