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DRC continues vested‑rights request for two properties; committee asks applicant for documentation

September 13, 2025 | Punta Gorda City, Charlotte County, Florida


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DRC continues vested‑rights request for two properties; committee asks applicant for documentation
The Punta Gorda Development Review Committee on Sept. 12 continued consideration of an initial vested‑rights determination for properties at 297 East Virginia Avenue and 407 Wood Street and asked the applicant to provide additional documentation before the next Development Review Committee meeting.

Owner and builder Jason McMahon of Dombey Construction described nearly two years of design work tied to previous Land Development Regulations (LDRs) that he said allowed “row housing” as a building type and that significant funds had been spent on engineering, replatting and design. Zoning official Rachel Berry explained the four statutory criteria the committee must evaluate under Chapter 27, Section 2.3: substantial good‑faith investment, reasonable reliance on prior regulations, government action impact, and public interest considerations. Berry and committee members noted the government action impact criterion is likely implicated because the repeal of earlier LDR provisions changed allowable uses.

Committee members pressed the applicant for documentation of financial commitments and permitting progress. Specific items requested included evidence that individual lots had been sold or contracted (investor agreements or sale/contract documentation), a copy of full construction plans, and confirmation of replat recordation with Charlotte County and the property appraiser. The applicant said the lots had been replatted on surveyor diagrams but that the replatting had not yet been finalized with Charlotte County nor listed on the property appraiser’s website. McMahon provided a purchase date for the property of Aug. 15, 2023, and said he had investors under agreement but acknowledged he would provide documentation.

Transcript excerpts show the applicant had not yet submitted building permits or formally recorded the replat; the applicant said he had prepared engineered plans and was ready to proceed to permitting once the design and plat steps were complete. Public‑works/utilities issues were raised informally (sewer access and separate electrical/water services for units), and staff noted utility connections generally are addressed in the replat/plat process.

The committee asked the applicant to return with the requested documentation at the next DRC meeting (two weeks later, per the committee). The applicant agreed to provide documentation by the end of the day (as discussed in the meeting) and to submit notarized investor statements or similar evidence of financial commitments and construction plans. The committee did not issue a determination at the Sept. 12 meeting; the item was continued for a future meeting so members could review the requested evidence before making a recommendation.

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