The Punta Gorda Development Review Committee on Nov. 7, 2025, determined that Don B Construction established a claim of vested rights for properties at 297 East Virginia Avenue and 4007 Wood Street, allowing the developer to rely on the previously adopted land-development regulations (LDRs) that were later repealed.

Jeri Wax, of counsel at the McCrory law firm, representing Don B Construction, summarized the four criteria the committee must consider under Chapter 27, section 2.3, for a vested-rights determination: substantial good-faith investment; reasonable reliance on then-applicable regulations; government action impact; and public-interest considerations. Wax said Don B met with staff on June 27, 2024, and “closed on the property 2 months following that meeting at a cost of a $112,458.” She said Don B subsequently spent $294,510.81 on engineering, planning, surveys, water bills, developer fees, estimators, project coordination, administration and land costs.

Wax argued the property was categorized in the city’s comprehensive plan, adopted in February 2024 and in effect at the time of purchase, as Traditional Neighborhood and that Policy 1.10.14.5 (as cited in the presentation) provides a density of 25 units per acre and specifically allows housing types that include townhomes/row houses. Wax said staff had encouraged a row-house form and that draft LDRs that adopted that density and those uses were available at the time of the initial staff meeting.

Wax told the committee that City Council’s repeal of the 2024 LDRs eliminated the permitted type, density and form of development and thereby inordinately burdened Don B’s investment. On public-interest grounds, she said the project would provide “missing middle” housing to help meet workforce needs and cited comprehensive-plan language supporting diverse infill housing.

Rachel Berry, zoning official, clarified the timing and effect of the comp plan and LDRs, explaining that although a comprehensive plan can be adopted and LDRs proposed simultaneously, LDRs do not go into effect until the comprehensive plan has been approved by the state and returned. Berry and Wax confirmed for the committee that, if the committee finds vested rights, the developer would be able to develop under the previously adopted LDRs despite their later repeal.

A committee member moved that a claim of vested rights had been established for VR01-2025 (initial determination for the properties at 297 East Virginia Avenue and 4007 Wood Street); the motion was seconded and approved by voice vote. The record does not show a roll-call tally. The committee’s determination is limited to the vested-rights claim; any building permits, site plans or subsequent approvals must still follow applicable permitting processes.