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Charlotte Board of County Commissioners unanimously approved a planned development concept plan extension at a public hearing Tuesday for a 338-acre property at 26901/27001 Zemel Road in the Punta Gorda area, within the Burnt Store Road corridor. 

The concept plan was originally submitted by applicant Lindner Mark L Trustee and approved by county commissioners in 2007. Due to changes in the county’s code, the concept plan expired in 2008, following guidelines at the time that stated concept plans expire after one year. 

Per the new code updated in 2021, the applicant requested an extension of the plan, with the extension containing a provision requiring the planned development concept plan to conform to the code at the time of approval, principal planner Jie Shao said. 

The planned development, once anticipated to be called The Residences at Burnt Store East, is planned for 894 units, including 714 multifamily and 180 single-family units. About 158 acres will be open space, of which 34 acres is expected to be lake area.  

Despite staff’s recommended approval, some commissioners expressed concern about extending a concept plan that was approved 16 years ago. Much of the concern was centered around rapid population growth and infrastructure to support it.

“We were just having a conversation about Burnt Store Road, this is the Burnt Store corridor, and the issues we’re having there,” Commissioner Joe Tiseo said. “We just went over our 20-year water needs and are trying to meet those demands. Now we have basically 900 units that will have a perpetual concept site plan approval that runs with the land, and there’s nothing that would compel them to really do anything in a reasonable amount of time.” 

The site is in an area targeted for increased development and is within the boundary of the Burnt Store Area Plan approved by commissioners in 2005. Because of this, other commissioners like Ken Doherty felt comfortable with the extension. 

“We did know about this project,” he said. “The infrastructure questions, traffic, utilities have all been anticipated with this particular piece of property.” 

Doherty said he also understands that as the county looks into the other pieces of property, infrastructure elements may be more of an area of concern than it is with this concept plan.“This particular PD was anticipated and has been incorporated in the planning. That’s why we got the recommendation from staff the way we’ve got it,” he said. “I think it’s the right thing to do to extend it.” 

With commissioners’ approval of the extension and the new code, the concept plan will remain in perpetuity until a final detailed site plan is submitted and approved by the board.  

“They have to meet all the current codes and requirements,” County Attorney Thomas David said. “Whatever is in place at that time, if they come back a year from now or they come back 10 years from now, whatever is required at that time, they have to meet.” 

Despite the time that has passed, the applicant has been ready to move forward since last month’s submission of a Transfer of Density Unit application to transfer 311 density units onto the subject property. The TDU application is scheduled to be on the May 23 commissioners’ land use consent agenda. 

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