Title
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CSZ-25-33, Recertification of 95 Non-CHHA density units from property located at 12150 Burnt Store Road
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Requested Motion/Action
Department Making Request
recommendation
Community Development
Approve a Resolution of the Board of County Commissioners of Charlotte County, Florida, approving a petition to recertify 95 Non-CHHA (Coastal High Hazard Area) density units from property located at 12150 Burnt Store Road, in the Burnt Store Area Plan area and in the Punta Gorda area, containing 68.43± acres, in accordance with Part III Land Development and Growth Management, Chapter 3-9 Zoning, Article V Environmental Requirements and Other Requirements, Section 3-9-150 Transfer of Density Units (TDU)(h)(1)(a)(ii), Transfer of Density Units (TDU), of the Code of Laws and Ordinances of Charlotte County, Florida; Petition No. CSZ-25-33; Applicant: TPG AG EHC III (PHM) MULTI STATE 6, LLC, providing an effective date. Located in Commission District II.
Quasi-Judicial
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Agenda Item Type
Consent
Budgeted Action:
No action needed.
Background (Why is this Action Necessary, and What Action will be accomplished)
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Background:
The applicant and property owner, TPG AG EHC III (PHM) MULTI STATE 6, LLC, is requesting to recertify 95 non-CHHA (Coastal High Hazard Area) density units from property located at 12150 Burnt Store Road, within the Burnt Store Area Plan area and in the Punta Gorda area. The property contains approximately 68.43 acres. If approved, 95 non-CHHA units would be recertified from the property and 135 density units would be retained. The applicant is concurrently applying to transfer 95 CHHA density units on the property (Application Number TDU-25-05).
On July 27, 2021, the Board of County Commissioners approved Resolution number 2021-107 to transfer 224 non-CHHA density units on the property. As of today, there are a total of 224 density units that can be built on the portion of the property located outside of the CHHA and six units that could be built on the portion of the property located within the CHHA.
The property owner would like to develop 95 single-family homes on the portion of the property located within the CHHA. Therefore, the property owner is requesting to recertify the transferred 95 non-CHHA density units from the subject site, retain the 135 non-CHHA density units and transfer 95 CHHA density units on the property via Application TDU-25-05.
The County Code, Section 3-9-150, (h)(1)(a)(ii), provides the following: “Density credits transferred to an eligible [Receiving Zone] pursuant to this article, which are not used for the intended RZ development, may be recertified. The RZ owner shall simultaneously apply to revise the zoning district and/or FLUM, whichever is applicable, of the original RZ from which these credits were transferred to reflect the decrease in density.” The transferred 224 non-CHHA density units cannot be built on the portion of the property located within the CHHA; additionally, the property owner/applicant is concurrently requesting to transfer 95 CHHA density units on the property. Therefore, it is staff’s professional opinion that this recertification request meets this TDU Code requirement.
What Action will be accomplished?
If the Board of County Commissioners approves this petition, it will allow the applicant/property owner to sever the transferred 95 non-CHHA density units from the subject site.
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