Planning Commission

Robert C Sifrit, Chair James Wilton, Vice Chair Patrice Petrik, Board Member Heather Knuffke, Board Member Jan M. Dick, Alternate Toni Gray, Board Member John Reynders, Board Member Charles V Lewis, Board Member CALL TO ORDER Roll Call Pledge of Allegiance Announcements Next Meeting PUBLIC COMMENTS Anyone wishing to address the Planning Commission on any subject 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 up to a maximum of three minutes. 1. APPROVAL OF MINUTES 1.a December 22, 2025, Meeting Minutes. 2. LEGISLATIVE PUBLIC HEARINGS 2.a SV-01-2025 - A request by Suntoshi, Inc. property owner, the vacate a utility easement located between Lots 1 through 4 and Lots 5 and 9, Block 36, City of Punta Gorda, according to the Plat thereof as recorded in Plat Book 1, Page 13, of the Public Records of Charlotte County, Florida. 2.b ZA-03-2026 Proposed amendment to Chapter 26, Articles 3.4 and 3.5 to allow for the possible expansion of the General Single-Family and General Multi-Family Districts, and require multi-family structures within the GM Districts to comply PLANNING COMMISSION AGENDA 120 LAISHLEY COURT, PUNTA GORDA, FLORIDA 33950 FEBRUARY 23, 2026, 2:00 PM Election of Chair and Vice Chair 1

with Article 7 with exemptions. 2.c CP-01-2026 - Magdalina FLU change 3. QUASI-JUDICIAL PUBLIC HEARINGS 3.a Z-01-2026 - Magdalina Drive - City Initiated - Amendment of the District Designation form GS-3.5 to GM-10 3.b ZA-01-2026 Proposed amendments to the City of Punta Land Development Regulations, Chapter 26 of the Punta Gorda Code, to establish procedures for the review and approval of certified recovery residences and a process for requesting reasonable accommodations from local land use regulations 4. GENERAL BUSINESS 4.a VR-02-2025 - A request by Kurt W. Havel and Delonda S David, property owners, for an initial determination of vested rights, pursuant to Chapter 27, Vested Rights Determination, Punta Gorda Code, to allow the applicant to continue forward with development of a new home of proposed properties. 4.b Commission Training STAFF COMMENTS MEMBER COMMENTS ADJOURNMENT If any person decides to appeal any matter considered at this meeting, 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 humres@cityofpuntagordafl.com, at least two (2) calendars days prior to the meeting. The following motion format is recommended for use by the 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 Commission 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. 2

Title: Election of Chair and Vice Chair Funds: Recommended Action: Summary: Annual election of Chair and Vice Chair. Department/Division: City Clerk PLANNING COMMISSION CITY OF PUNTA GORDA 02/23/2026 CALL TO ORDER EXHIBITS: 1. Chair Training 3

An Overview of Chair and Vice Chair Responsibilities 4

Chair and Vice Chair  Elected each February by members of the board and serve one year.  Can serve a maximum of 3 consecutive years if reelected.  As host of the assembly, the Chair performs a number of duties.  Chair runs meetings in accordance with the agenda.  Vice Chair runs meetings in Chair’s absence.  Ensures proper procedure and decorum is observed.  Maintains order during meetings.  Vote on all motions, unless a conflict of interest exists.  Chair, or Vice Chair serving as Chair, must relinquish gavel to make or second motions.  Signs approved minutes. 5

Required Knowledge  Understands basic parliamentary procedure, especially for motions.  Understands procedures for public comment.  Understands process for legislative and quasi-judicial public hearings.  Understands and assists staff to enforce the Sunshine Law.  Understands the basics of the Public Records Law.  Familiar with bylaws.  Familiar with approval criteria for quasi-judicial/legislative public hearings.  The Board Member Handbook covers all of these topics.  City Clerk’s Office staff will provide additional training and is available to answer any questions. 6

Running Meetings  Ensure a quorum is present, and then call the meeting to order.  Review the public comment procedures as necessary.  Use a timer to limit public comment to 3 minutes per individual.  Place business on the floor by reading an agenda item’s title.  Keep discussions focused.  Remind members of purpose of item/remaining areas to be addressed.  Call for a motion if no new points are made.  End side bar conversations between members.  Ensure proper motions are made.  Call for motions when necessary.  Ensure a motion is seconded before member discussion begins.  A motion dies if not seconded. This result should be announced.  Restate the motion.  Call for an “aye” vote and “nay” vote.  Announce the result of the vote. 7

Maintaining Order  Lead by example.  Adheres to the rules of conduct and ensures board members do too.  Be fair and impartial in treatment of board members, staff and the public.  Insist unruly or disorderly individuals be courteous in language and presentation.  Request individuals who fail to comply to leave the meeting.  Recess the meeting if order cannot be maintained so that order can be restored.  Ensure members wait to be recognized before they speak.  Intervene if board members debate or argue with each other to assert their opinion.  Use the gavel. 8

Title: December 22, 2025, Meeting Minutes. Funds: Not applicable Recommended Action: For approval. Summary: December 22, 2025, Meeting Minutes. Department/Division: City Clerk PLANNING COMMISSION CITY OF PUNTA GORDA 02/23/2026 APPROVAL OF MINUTES EXHIBITS: 1. December 22, 2025, Minutes 9

CITY OF PUNTA GORDA, FLORIDA PLANNING COMMISSION MEETING MINUTES DECEMBER 22, 2025, 2:00 P.M. 120 LAISHLEY COURT PUNTA GORDA, FL 33950 MEMBERS PRESENT: Robert Sifrit, Chair Jan Dick, Toni Gray, Charles Lewis, Patrice Petrik, John Reynders, James Wilton MEMBERS ABSENT: Heather Knuffke CITY STAFF PRESENT: Rachel Barry, Zoning Official; Deputy City Clerk Falkner CALL TO ORDER Chair Sifrit called the meeting to order at 2:00 p.m., followed by the Pledge of Allegiance. Rachel Barry requested Item 4.a. be heard ahead of Item 1.a. Consensus of the Board was to do so. PUBLIC COMMENTS There were none. 1) APPROVAL OF MINUTES NOTE: 4.a was heard before Item 1.a. 1.a August 25, 2025, Meeting Minutes. Exhibits: Cover Page August 25, 2025, Minutes Member Reynders MOVED to approve the minutes, SECONDED by Member Gray. AYE: Dick, Gray, Lewis, Petrik, Reynders, Sifrit, Wilton ABSENT: Knuffke MOTION CARRIED. 2) LEGISLATIVE PUBLIC HEARINGS NOTE: Item 4.a was heard before Item 2.a. 2.a ZA-04-2025 Proposed amendments to the City of Punta Land Development Regulations, Chapter 26 of the Punta Gorda Code, related to the review process of development plan applications and other items that require the same level of review and interdepartmental coordination. Exhibits: Cover Page ZA-04-2025 Staff Report 10

ZA-04-2025 Draft Ordinance ZA-04-2025 Draft Business Impact Estimate Rachel Barry, Zoning Official, reviewed the proposed amendments to the Land Development Regulations, noting the proposal was limited to amending the current Development Review Committee (DRC) process for site plan approval. She reviewed timelines set forth in the City's Code of Ordinances and State statutes, discussing difficulties with completing review in a timely manner. She then reviewed staff proposals for revision, noting applicants would receive the staff report and be requested to set up a meeting to discuss any conditions for approval. Chair Sifrit confirmed with Rachel Barry that staff's suggested proposal was to exempt these type of applications from DRC review. Member Dick MOVED to recommend adopting the proposed amendments, SECONDED by Member Reynders. AYE: Dick, Gray, Lewis, Petrik, Reynders, Sifrit, Wilton ABSENT: Knuffke MOTION CARRIED. 2.b ZA-05-2025 - Proposed amendments to Chapter 9A, Code Enforcement, of the Punta Gorda Code, to establish requirements and procedures for a Special Magistrate. Exhibits: Cover Page ZA-05-2025 Summary Staff Report ZA-05-2025 Draft Ordinance ZA-05-2025 Draft Business Impact Estimate NOTE: Item 2.b was heard following approval of the minutes and the presentation on Item 4.a. Rachel Barry reviewed the proposed amendments to Chapter 9A of the City's Code of Ordinances, noting same added the option for a special magistrate and was not intended to dissolve the Code Enforcement Board. She stated staff had considered that cases could be split between a magistrate and the Code Enforcement Board based on complexity, length of time, degree of respondent communication with staff, and the like. Member Lewis expressed concern regarding the cost of a special magistrate and recovery of fees expended by the City. Rachel Barry replied administrative costs were passed along to the respondent and made part of the Code Enforcement Board's compliance order. She stated staff was researching a fee increase to offset staff time. Discussion ensued about additional logistics related to recouping court costs and fees. Chair Sifrit opened the floor for public comment, calling three times for same. Joseph Comeaux, Code Enforcement Board member, spoke on the staff's proposal regarding a special magistrate, expressing concern that the ultimate issue was not the adjudicator but the enforcement process set forth in State statute. He suggested using a volunteer corps, similar to what the City's Police Department uses, to address the need for additional enforcement personnel. 11

Discussion ensued regarding the municipal enforcement process and pros and cons of using a special magistrate. Rachel Barry stated staff would be meeting to discuss the volunteer proposal, emphasizing the proposed ordinance was for a special magistrate in addition to, and not in lieu of, a municipal Code Enforcement Board. Member Wilton MOVED to recommend adopting the proposed amendments with an additional recommendation of using trained volunteers to assist in code enforcement, SECONDED by Member Reynders. AYE: Dick, Gray, Lewis, Petrik, Reynders, Sifrit, Wilton ABSENT: Knuffke MOTION CARRIED. 3) QUASI-JUDICIAL PUBLIC HEARINGS There were none. 4) GENERAL BUSINESS 4.a VR-01-2025 - A request by Don B. Construction, Inc., property owner, for an initial determination of vested rights, pursuant to Chapter 27, Vested Rights Determination, Punta Gorda Code, to allow the applicant to continue forward with development of a five-unit rowhouse on the subject properties. Exhibits: Cover Page Application Survey, Site Plans, and Legal Desc. Progress Plans, Site Plans,1st and 2nd Floor Layout, Sewer Map VR-01-2025 PC Staff Report TPG LDRs - Sec. 3.2(c)(10) Historic Overlay TPG LDRs - Sec. 3.2(d) Rowhouse TPG LDRs - Sec. 7.1-7.6 Architectural Req TPG LDRs - Sec. 10.6 TPG Parking Rachel Barry reviewed the eligibility requirements for vested rights pursuant to Chapter 27 of the City's Code of Ordinances and the criteria for establishing same. She clarified the allowable uses in City Center zoning designation, noting residential uses were no longer permitted. She reviewed the request for initial determination of vested rights, noting the Development Review Committee recommended approval of same. She requested a recommendation from the Board, noting same would go before City Council on January 14, 2026. Member Lewis questioned why the timeframe for vested rights was 5 years from the date of approval, suggesting same be shortened to 3 years to ensure development was completed in a timely manner. Rachel Barry noted the timeframe was a general placeholder, stating there were conditions identified in the staff report that the applicant had not yet agreed to. Member Lewis questioned whether she was amenable to a 3-year timeframe. Rachel Barry replied affirmatively, noting same should be discussed with the applicant. Jerry Waxler, attorney on behalf of applicant, indicated her client was amenable to a shortened timeframe. She reviewed the history of the project and costs incurred by the applicant. 12

Member Wilton questioned whether the applicant would accept the 3-year timeframe as well as conditions in the staff report. Jerry Waxler replied affirmatively. Member Lewis MOVED to approve the application with conditions discussed this date, SECONDED by Member Wilton. AYE: Dick, Gray, Lewis, Petrik, Reynders, Sifrit, Wilton ABSENT: Knuffke MOTION CARRIED. STAFF COMMENTS There were none. MEMBER COMMENTS Member Dick commented positively on his experience as an alternate on the Board. ADJOURNMENT The meeting adjourned at 3:00 p.m.Chair Board Recorder 13

Title: SV-01-2025 - A request by Suntoshi, Inc. property owner, the vacate a utility easement located between Lots 1 through 4 and Lots 5 and 9, Block 36, City of Punta Gorda, according to the Plat thereof as recorded in Plat Book 1, Page 13, of the Public Records of Charlotte County, Florida. Funds: Recommended Action: For Planning Commission review and recommendation to City Council. Staff recommends approval of the request. Summary: The property owner has requested to vacate a 10-foot wide utility easement running through a proposed development project site. Department/Division: Urban Design PLANNING COMMISSION CITY OF PUNTA GORDA 02/23/2026 LEGISLATIVE PUBLIC HEARINGS EXHIBITS: 1. SV-01-2025 PC Staff Report 2. SV-01-2025 Application 14

S V-01-2025 Staff Report Planning Commission | February 23, 2026 Page 1 of 4 EASEMENT VACATION REQUEST STAFF REPORT TO: City of Punta Gorda Planning Commission (PC) FROM: Rachel Barry, Zoning Official HEARING DATE: February 23, 2026 RE: SV-01-2025 – 207 Brown Street. Resolution Title: SV-01-2025: A request by Suntoshi, Inc., Property Owner, to vacate a utility easement that runs through the property located at 207 Brown Street. Said utility easement is bounded by Lots 1 through 4 to the north, and Lots 5 and 9 to the south, Block 36, according to the Plat of Punta Gorda, bounded by Brown Street to the east, and Wood Street to the west. Supplemental Material/Issue Analysis Report: The property owner of 207 Brown Street and the contiguous property identified by the Charlotte County Property Appraiser as parcel 412306402011, has requested to vacate a utility easement located within a proposed development project site. During a Design Studio appointment, staff noted the alleyway separating Lot 3 and 4 from Lot 9, which would need to be vacated for the proposed development to be feasible. Upon additional research, it was found that the alleyway was vacated on September 17, 1997, through Punta Gorda Resolution No. 2027-97, as recorded in Official Records Book 1560, Page 1413, of the public records of Charlotte County, Florida. The resolution reserved a utility easement over and across the vacated alley. The property owner desires to develop the property for a mixed use project. The application was distributed to city departments for review, all of which had no objection to vacating the utility easement. Exhibit 1: Location map and Survey of easement Exhibit 2: Resolution No. 2027-97 15

S V-01-2025 Staff Report Planning Commission | February 23, 2026 Page 2 of 4 Exhibit 1: Location Map Survey (Not to scale; snippet of survey by Gen 3 Land Surveying, Inc.) 16

S V-01-2025 Staff Report Planning Commission | February 23, 2026 Page 3 of 4 Exhibit 2: Resolution No. 2027-97 17

S V-01-2025 Staff Report Planning Commission | February 23, 2026 Page 4 of 4 Exhibit 2 (cont.): Resolution No 2027-97 18

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Title: ZA-03-2026 Proposed amendment to Chapter 26, Articles 3.4 and 3.5 to allow for the possible expansion of the General Single-Family and General Multi-Family Districts, and require multi-family structures within the GM Districts to comply with Article 7 with exemptions. Funds: Recommended Action: Staff recommends approval of the proposed amendments. Summary: Proposed amendment to Chapter 26, Articles 3.4 and 3.5 to allow for the possible expansion of the General Single-Family and General Multi- Family Districts, and require multi-family structures within the GM Districts to comply with Article 7 with exemptions. Department/Division: Urban Design PLANNING COMMISSION CITY OF PUNTA GORDA 02/23/2026 LEGISLATIVE PUBLIC HEARINGS EXHIBITS: 1. ZA-03-2026 - Magdalina Drive - Staff Report 2. ZA-03-2026 - Magdalina Drive - Ordinance 30

ZONING (TEXT) AMENDMENT STAFF REPORT TO: Planning Commission VIA: Boyd Lawrence, AICP, Planning Director Hank Flores, AICP, CFM, Urban Design Manager FROM: Carl Benge, AICP, Principal Planner DATE: February 23, 2026 SUBJECT: Zoning (Text) Amendment, ZA-03-2026, Amending General Single-Family and General Multi-Family Zoning Districts Request ZA-03-2026: Proposed amendment to Chapter 26, Articles 3.4 and 3.5 to allow for the possible expansion of the General Single-Family and General Multi-Family Districts, and require multi- family structures within the GM Districts to comply with Article 7, Architectural Standards with exemptions. Background In 2022, The City of Punta Gorda issued building permits for three (3) properties located on Magdalina Drive to William Morgan in order to allow for the construction of three (3) duplexes. Subsequent to the issuance of the permits and after construction had already commenced on the properties, it was determined that the GS-3.5 District does not allow duplexes as a Permitted Use. Over the ensuing three (3) years, the City and Mr. Morgan met several times to discuss remedies to the situation that would satisfy both parties. Unfortunately, no agreement was able to be reached and the partially constructed duplexes have sat unattended since. On October 22, 2025, City Council formally directed staff to expedite a process to allow Mr. Morgan to move forward with the proposed development. Staff has reviewed the Land Development Regulations and determined that a change in the district of the subject properties from the GS-3.5 (General Single-Family – 3.5 units per acre) District to the GM-10 (General Multi- Family – 10 units per acre) District would allow for the completion of the construction of the duplexes as desired by Mr. Morgan. 31

ZA-03-2026 - Staff Report Planning Commission | February 23, 2026 Page 2 In reviewing the Intent Language of the GS (General Single-Family) and GM (General Multi-Family) Districts, staff determined that the last sentence contained within the respective district description precludes the rezoning of these properties to the GM-10 District. The language for the respective districts reads as follows: GS-3.5/5: The General Single-Family Residential District is coded to permit the completion and/or annexation of conventional single-family residential subdivisions existing or approved by the Punta Gorda City Council prior to the effective date of these regulations. The General Single- Family Residential District is established solely to accommodate completion of previously approved development of lands within the district. The district is not intended to be available for future rezonings, nor as a means of expanding the boundaries of existing GS Districts; and, GM-5/10/15: The General Multi-Family Residential District is coded to permit the completion and/or annexation of conventional multi-family residential development within the district. The district is intended to be medium to high-density residential, with emphasis on multifamily use. The district is not intended to be available for future code amendments, nor as a means of expanding the boundaries of existing GM Districts. Recommendation Staff is recommending that the Planning Commission forward a recommendation of approval to the City Council to allow for the removal of the italicized language contained within these two district descriptions. The proposed modifications would allow for the consideration of a Future Land Use Map Amendment and a Zoning District Amendment for the properties located on the east side of Magdalina Drive, which may allow for the completion of the construction of these duplex units. The removal of this language would also allow potential annexed properties to be designated with either the GS or GM Districts depending on the proposed use of these properties. Supplemental Information Amendments are proposed to Chapter 26, Article 3, Section 3.4 and Section 3.5 [when viewing this document electronically, click the blue underlined text and it will open in a web browser for cross referencing]. Florida Statutes, Chapter 166.041, outlines the process for the City of Punta Gorda to follow in order to adopt ordinances and resolutions. Pursuant to these regulations, any revisions to the City’s Land Development Regulations (LDR) is facilitated through an ordinance. 32

CITY OF PUNTA GORDA ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF PUNTA GORDA, FLORIDA, AMENDING THE CITY OF PUNTA GORDA LAND DEVELOPMENT REGULATIONS, CHAPTER 26, , ARTICLE 3, “REGULATING DISTRICTS”, SECTION 3.4, “GS, GENERAL SINGLE-FAMILY RESIDENTIAL DISTRICT”, SECTION 3.5, “GM, GENERAL MULTI-FAMILY RESIDENTIAL DISTRICT”, AND SUBSECTION 3.5(e)(1), GENERAL REQUIREMENTS, AMENDED TO ALLOW FOR THE EXPANSION OF THE GENERAL SINGLE-FAMILY AND GENERAL MULTI-FAMILY RESIDENTIAL DISTRICTS, AND REQUIRE MULTI-FAMILY STRUCTURES TO COMPLY WITH ARTICLE 7 WITH EXEMPTIONS; PROVIDING FOR FINDINGS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the existing restrictions in sections 3.4, 3.5 and 3.5 (e)(1) prohibit the expansion of the General Single-Family (GS) and General Multi-family (GM) Residential Districts beyond their current boundaries, resulting in inconsistent land use patterns that restrict the City’s ability to accommodate new residential development consistent with established neighborhoods; and WHEREAS, the expansion through the future annexation of adjacent properties and/or rezoning will facilitate positive, neighborhood-scaled growth aligned with the City’s planning objectives; and WHEREAS, the development of multi-family structures within the General Multi-Family Residential District must be required to comply with Article 7 – Architectural Provisions of the City’s Land Development Regulations, single-family and duplex units and structures located within the Special Residential Overlay District will be exempt; and WHEREAS, the City’s Comprehensive Plan, particularly Objective 1.1.13, in accordance with the Citywide Master Plan, the City will amend its Land Development Regulations, focusing on priorities like promoting diverse and affordable housing by providing missing middle housing options such as cottages, townhomes, and duplexes; and WHEREAS, the amendment to Chapter 26, Section 3.4, Section 3.5, and Section 3.5(e)(1), of the City of Punta Gorda Land Development Regulations will achieve this; and WHEREAS, pursuant to the provisions of Section 163.3194(I), Florida Statutes, the Planning Commission, serving as the Local Planning Agency for the City of Punta Gorda, Florida, has reviewed the proposed request and has found it to be consistent with the adopted Comprehensive Plan of the City of Punta Gorda. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF PUNTA GORDA, FLORIDA, THAT: I. Chapter 26, Article 3, Section 3.4, Punta Gorda code is hereby amended to read as follows: [additions are underlined, deletions are struck through] 33

Section 3.4 GS, General Single-Family Residential District The General Single-Family Residential District is coded to permit the completion and/or annexation of conventional single-family residential subdivisions existing or approved by the Punta Gorda City Council prior to the effective date of these regulations. The General Single- Family Residential District is established solely to accommodate completion of previously approved development of lands within the district. The district is not intended to be available for future rezonings, nor as a means of expanding the boundaries of existing GS Districts. II. Chapter 26, Article 3, section 3.5, Punta Gorda Code is hereby amended to read as follows: [additions are underlined, deletions are struck through] Section 3.5 GM, General Multi-family Residential District The General Multi-Family Residential District is coded to permit the completion and/or annexation of conventional multi-family residential development within the district. The district is intended to be medium to high-density residential, with emphasis on multi-family use. The district is not intended to be available for limited future code amendments, nor as a means of limiting the expansion expanding of the boundaries of existing GM Districts. No change to Subsection (a) - (d) (e) General Requirements. (1) Buildings are exempt from must comply with the architectural requirements of Article 7 – Architectural Provisions. Single-family or duplex units and structures located within the Special Residential Overlay District are exempt. (2) Development in the GM District which is approved but not yet built is permitted minor modifications through the administrative process. Such development, if redesigned, must conform to all of the requirements of this Article for the GM District. (3) With the exception of single family and two-family residences, all permitted uses require development plan approval. ADOPTED in regular session of the City Council of the City of Punta Gorda, Florida, this _______ day of __________, 2026. __________________________ DEBORAH LUX, Mayor ATTEST: __________________________ SARA WELCH, CMC, City Clerk APPROVED AS TO FORM: __________________________ City Attorney 34

Title: CP-01-2026 - Magdalina FLU change Funds: Recommended Action: ** Summary: ** Department/Division: Urban Design PLANNING COMMISSION CITY OF PUNTA GORDA 02/23/2026 LEGISLATIVE PUBLIC HEARINGS EXHIBITS: 1. CP-01-2026 - Magdalina Drive - FLUM Amendment - Staff Report 2. CP-01-2026 - Magdalina Drive - FLUM Amendment - Ordinance 35

COMPREHENSIVE PLAN AMENDMENT STAFF REPORT TO: Planning Commission VIA: Boyd Lawrence, AICP, Planning Director Hank Flores, AICP, CFM, Urban Design Manager FROM: Carl Benge, AICP, Principal Planner DATE: February 23, 2026 SUBJECT: CP-01-2026 - Magdalina Drive - City Initiated – Amendment of the Future Land Use Map Designation from Low Density Residential (LDR) to High Density Residential (HDR) Title CP-01-2026 - Ordinance of the City of Punta Gorda, Florida, amending the future land use map designation of 1.87 +/- acres identified as parcels 412213258001, 412213258002, 412213258003, 412213258004, 412213258005, 412213258006, and 412213258007 as recorded in the Public Records of Charlotte County, Florida, being more particularly described in “Exhibit A” attached hereto and incorporated herein, from Low-Density Residential (LDR) to High-Density Residential (HDR); providing for findings; providing for conflict; providing for severability; and providing an effective date. Background On February 25, 2022, the City of Punta Gorda issued building permits for properties located at 2926 Magdalina Drive, 2930 Magdalina Drive, and 2938 Magdalina Drive. The building permit applications were clearly marked for duplex development under the “Use of Building” section of the permit application at the time of their submittal. However, the zoning reviewer did not notice this discrepancy and approved their part of the application. The General Single-Family-3.5 Zoning District does not allow duplexes as a Permitted Use. After completion of the review of the application and supporting documentation, Building Permits 22-169044 (2926 Magdalina Drive), 22-169047 (2930 Magdalina Drive), and 22-169051 (2938 Magdalina Drive) were issued. On September 22, 2022, the error was discovered and a Stop Work Order was posted on the subject properties along with an email to the property owner from the Zoning Official. The owner, 36

CP-01-2026 – Planning Commission Staff Report Page 2 William Morgan of Lewis Maguire Homes, LLC, was contacted and provided the City’s Attorney contact information as requested. Between December 29, 2023 and August 15, 2024, multiple emails were sent from the Zoning Official, City Manager, City Attorney to William Morgan or his representative regarding the condition of the properties (Exhibit A – Timeline). In March 2025, staff was directed to move forward with the Magdalina Drive projects. Staff determined that a rezone of the parcels would be the only real option to allow the existing duplex foundations to remain. In research, staff established that rezoning the parcels to General Multi- Family-10 would be the best, and integrate well with the existing General Multi-Family zoning located just north of the proposed parcels for amendment. On October 22, 2025, staff was directed by City Council to move forward with the rezoning of the Magdalina properties to allow for the completion of the construction of the duplex units. In order to allow for an amendment to the Zoning Map, an amendment to the future Land use map designation of the properties to the HDR (High Density Residential) designation is also required. Request The requests, initiated by the City administration are for a change to the Future Land Use Map of the City of Punta Gorda Comprehensive Plan (the “Comprehensive Plan”) pursuant to the procedures and requirements in Section 5.9 and Section 16.11 of the City of Punta Gorda LDR. Specifically, the requests are: An ordinance of the City Council of the City of Punta Gorda, Florida amending the Future Land Use Map of the City of Punta Gorda Comprehensive Plan, to modify 1.87+/- acres consisting of seven (7) parcels located on the east side of Magdalina Drive from “Low- Density Residential” to “High-Density Residential”; providing for findings; providing for conflict; providing for severability; and providing an effective date. The Comprehensive Plan text amendment review and procedures are guided by Florida Statutes. The comprehensive plan amendment proposed here applies to contiguous land area within the City of Punta Gorda (“City”) that is less than 50 acres and not in an area of critical state concern. Such text changes are permissible by the small-scale amendment process pursuant to Florida Statutes Section 163.3187. 37

CP-01-2026 – Planning Commission Staff Report Page 3 Location of the Map Amendments The area of the proposed map amendments is the 1.87 +/- acres east of Magdalina Drive. Property IDs: 412213258001, 412213258002, 412213258003, 412213258004, 412213258005, 412213258006, and 412213258007 Land Area: 1.87 +/- acres Existing Use: General Single-Family-3.5 Existing FLUM Designation: Low Density Residential (LDR) Proposed FLUM Designation: High Density Residential (HDR) Proposed Zoning Designation: General Multi-Family-10 General Location: East: General Single-Family Residential. It is designated on the City’s Future Land Use Map as Low Density Residential West: Charlotte County Zoning of Manufactured Home Conventional (MHC). It is designated on the County’s Future Land Use Map as Low Density Residential North: General Multi-Family-15. It is designated on the City’s Future Land Use Map as High Density Residential South: General Single-Family Residential. It is designated on the City’s Future Land Use Map as Low Density Residential. -Remainder of Page Intentionally Left Blank- 38

CP-01-2026 – Planning Commission Staff Report Page 4 Summary of Changes – Future Land Use Existing Future Land Use Proposed Future Land Use City of Punta Gorda Future Land Use Map Excerpt Legend Low Density Residential High Density Residential 39

CP-01-2026 – Planning Commission Staff Report Page 5 City Code of Ordinance Chapter 26, Section 16.11 Zoning Map Amendments (a) Initiation of Application The City of Punta Gorda filed an application to amend the FLUM of the subject property. (b) Pre-application meeting Not applicable. (c) Application Filing The City of Punta Gorda appropriately filed with the Urban Design Division the required application forms, completed and signed (d) Submittal Requirements The City of Punta Gorda has appropriately filed with the Urban Design Division the required submittal items, along with supporting documentation and evidence. (e) Planned Development Not applicable. (f) Waivers/Modifications of Submittal Requirements The Zoning Official has not waived or modified any of the submittal requirement for this application. (g) Consistent with City Plan This request is consistent with the City’s Comprehensive Plan 2045 (h) Public Hearing Notice The public hearing requirement notice was set as outlined in the City Code of Ordinances, Chapter 26, Section 16.1(g). City Code of Ordinance Chapter 26, Section 16.11.(k) Approval Criteria. The Planning Commission and City Council shall use the following criteria, in addition to other reasonable considerations, in making their decision regarding approval or disapproval of an amendment application: (1) Consistency with the Comprehensive Plan, including but not limited to the Land Use Future Land Use Element Objective 1.1.12: Where particular aims of the comprehensive plan may be advanced (such as affordable housing, commercial and mixed-use development, historic preservation, environmental conservation, economic development, downtown revitalization, and community health), Punta Gorda will employ or make available innovative land development techniques, city programs, and public investments. Objective 1.1.13: In order to enact recommendations of the 2019 Citywide Master Plan, the City of Punta Gorda will amend its land development regulations and Code of Ordinances, focusing on priorities like promoting diverse and affordable housing development, enabling commercial and 40