Building and Growth Management
Manasota and Sandpiper Key Community Planning
Rumors: Fact or Fiction
The entire island will be rezoned to Manasota Commercial Tourist (MCT)
Reality: No. Only the Weston’s resort property has applied for a zoning change to MCT. Individual property owners on the island would need to request a zoning change on their individual property. No other property owners have submitted a rezoning petition at this time.
A nightclub is allowed in the Manasota Commercial Tourist (MCT) zoning district
Reality: No. A “private club” is allowed in MCT zoning. The term “private club” is not defined in the Manasota overlay but is defined in the County Code. The County Code definition states “Associations and organizations of a civic, fraternal or social character to which public access or use is restricted. The term "private club" shall not include nightclubs, cocktail lounges, taverns or bottle clubs.” The term “nightclub” has a specific and separate definition in the County Code. A nightclub is specifically named as an allowed use in the Manasota Commercial General (MCG) district, but not in the MCT district.
Harmonie Development Group, LLC is affiliated with Sharkey’s
Reality: No. Ms. Waksler, agent for Harmonie Development Group, stated at the Sept. 13 public informational meeting that there is no relationship between Harmonie Development Group and Sharkey’s.
A business license is needed to apply for rezoning
Reality: No. Any property owner can apply for a rezoning of their property. A business license is not needed. In the case of the Weston’s rezoning, the property owner has signed a consent form agreeing to the proposed rezoning.
The proposed revisions to the overlay will result in increased building height
Reality: No. In response to public comment, the following definitions will be retained in Overlay Code revision: “NGVD”, “Highest constructed element”, “Structure height” and “Rooftop livable space”. Structure height will continue to be measured from NGVD. This means no increase in maximum heights allowed in any zoning district.
The proposed revisions to the overlay will result in increased density
Reality: No. The Charlotte County Comprehensive Plan prohibits increases in density on Manasota or Sandpiper Key. Smart Charlotte 2050 FLU Policy 1.2.11, Prohibited Receiving Zones, #7, states that density shall not be transferred into land on a barrier island.
The proposed revisions to the overlay will result in reduced setbacks
Reality: Yes, in one instance. The only proposed revision to setbacks is 20 ft. from Lemon Bay in the Manasota Multi-Family (MMF) district, which is proposed for consistency with the Waterfront Ordinance and consistency with the Manasota Environmentally Sensitive (MES), Manasota Single-Family (MSF), Manasota Commercial General (MCG) and Manasota Commercial Tourist (MCT) districts.
The proposed revisions to the overlay will result in reduced landscaping
Reality: No. The proposed language states “All setbacks shall be landscaped.” Each zoning district specifies the exact amount of feet for front, rear and side setbacks. Language proposed that discusses percentages comes from the 2004 Community Plan. These issues will be discussed with the new advisory committee to avoid confusion.
A recent study shows only 30% of the residents want the overlay revised
Reality: Unknown. The Building and Growth Management Department has not conducted any studies. A study was conducted by one of the property association groups. The County has no knowledge of the scope or results of that study.
The proposed revisions to the overlay will allow pile driving
Reality: Yes. The revised language in the Manasota Key zoning district overlay does not prohibit the practice of pile driving because pile driving is an approved construction method under Florida Building Code regulations. The County Attorney’s office is investigating other options for prohibiting or limiting pile driving on Manasota Key.
Fences can currently be located on property lines in Manasota and Sandpiper Key
Reality: No. Current language in the overlay states “Neither a structure nor any portion thereof shall be erected or shall encroach or overhang upon the required setbacks.” The definition of structure is: “any construction or any production or piece of work artificially built up or composed of parts joined together in some definite manner. "Structure" includes "building," as well as other things constructed or erected on the ground, attached to something having location on the ground or requiring construction or erection on the ground.” According to this definition, fences and building overhangs are structures; therefore, these cannot be located within any setback, with the provision that opaque walls 4 feet or less in height can be built within the front yard setback.
The Architectural Review Committee has been eliminated
Reality: No. New bylaws approved by the Board of County Commissioners in June of 2010 state that the Advisory Committee can act as the architectural review committee. A new advisory committee was appointed on August 24, 2010 and will hold its first meeting on October 20, 2010. The bylaws state that the committee shall meet once a month, but does allow special meetings as needed to address development review applications.
The proposed revisions to the overlay will allow mobile homes
Reality: No. Mobile homes are prohibited. Under the law, there is no distinction between site built (traditional homes) and modular homes. In the past, manufactured homes have been determined to be both mobile and modular homes, which is not an accurate reflection of the current state of the law and construction techniques. For legal reasons, modular homes approved by the Department of Community Affairs must be allowed wherever single family homes are allowed.
The proposed revisions to the overlay will allow only commercial uses in Manasota Commercial Tourist (MCT)
Reality: No and Yes. If the property was designated Commercial Tourist (CT) prior to 1997, a special provision in the Charlotte County Comprehensive Plan still allows a property owner to develop multifamily residential structures in the MCT zoning district. Any properties zoned to MCT since that date, of which there are none at this time, are not able to develop multi-family.
The proposed revisions to the overlay will result in encroachments to side setbacks to within 1 ft. of the property line
Reality: Yes and no. Sec. 3-9-75 of the county code specifies exceptions to required setbacks. According to this section, movable awnings, window air conditioning units, chimneys, fireplaces, and bay windows may project a maximum of 3 feet into a required yard. Fire escapes, stairways and balconies may project a maximum of 5 feet into a required yard. Hoods, cornices, gutters, roof overhangs, air conditioning units and marquees may project a maximum of 5 feet into a required yard, but in no event closer than one foot to the lot line. The current zoning overlay contains the following language, “Minimum side yards of lots that are nonconforming because of width, where the nonconformity is due to a natural disaster, shall not be less than ten (10) percent of the lot width but not less than five (5) feet wide. The provisions of subsection 3-9-75 shall not apply within the Manasota Key Zoning District.” Since Section 3-9-75 contains this provision: “Where single-family residential lots of record are nonconforming because of width, the minimum side yards shall not be less than ten (10) percent of the lot width, provided that no side yard shall be less than five (5) feet wide”, these statements appear to be conflicting. We will be working with the new advisory committee to further clarify the encroachment issue using the 2004 Community Plan as guidance.
The proposed revisions to the overlay will allow parking in side setbacks
Reality: No and Yes. No because the overlay does not currently prohibit parking in side setbacks, so yes, parking is allowed in the side setbacks in the revised overlay. The only reference to parking in side setbacks is for a special exception in the Manasota Commercial Tourist (MCT) district allowing “parking lots, garages and structures, excluding multilevel parking garages, provided that parking areas are located at ground level and do not encroach on side setbacks”, Sec. 3-9-53(i)(7)(C). Additionally, Sec. 3-9-53(h)(1)(F) states “To the greatest extent possible, parking on side yards should be screened from view.” We will be working with the new advisory committee to clarify the intent of the 2004 Manasota Key Community Plan concerning this issue.
Let us know what rumors you've heard. We will do our best to provide the correct information.
