4970 CITY HALL BLVD

NORTH PORT, FL 34286

City of North Port

Meeting Minutes - Final

Planning & Zoning Advisory Board

Thursday, February 2, 2023

9:00 AM

City Commission Chambers

1. CALL TO ORDER

Chair Hester called the meeting to order at 9:00 a.m.

2. ROLL CALL

6 -

Present:

Chair Nita Hester, Vice Chair Kenneth Maturo, Phillip Ludos, Michael T. Patricoski,

Linda J. Waugh and Frank J. Baer

1 - Jose Irizarry

Absent:

Also Present

Deputy City Attorney Michael Golen, Assistant City Attorney Margaret T. Roberts,

Planner III Sherry Willette-Grondin, Planner III Katherine Woellner, Planner III Carl Benge,

and Recording Secretary Susan Hale.

3. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Board Member Patricoski.

4. PUBLIC COMMENT

5. APPROVAL OF MINUTES

23-0225

Approval of Minutes for the January 19, 2023 Planning and Zoning

Advisory Board Meeting.

Chair Hester introduced the item and noted two typos.

A motion was made by Board Member Baer, seconded by Board Member Ludos, to

approve the Minutes, as amended. The motion carried by the following vote:

6 -

Yes:

Chair Hester, Vice Chair Maturo, Board Member Ludos, Board Member Patricoski,

Board Member Waugh and Board Member Baer

1 - Board Member Irizarry

Absent:

6. PUBLIC HEARING

DMP-22-133

Consideration of Petition No. DMP-22-133, Acadia Behavioral Health

Hospital Development Master Plan (QUASI JUDICIAL)

Chair Hester introduced the item.

Ms. Hale swore in all those wishing to provide testimony.

Board Members Bear, Patricoski, Vice Chair Maturo and Chair Hester reported having no

ex parte communications.

Board Member Ludos and Board Member Waugh disclosed site visits.

There were no aggrieved or adversely affected persons.

Adam Cronk, of Cronk Engineering, being duly sworn, provided an overview including

services provided, comprehensive care, patient discharge, building safety, controlled

access, site, acreage, zoning, ingress and egress points, parking ambulance /service

areas, activity areas, fencing, rendering of building, and a waiver increasing wall height.

Mr. Benge, being duly sworn, provided an overview including future land use,

neighborhood meetings, requested amendment, and consistency with Comprehensive

Plan and the Unified Land Development Code (ULDC).

There were no rebuttals from the Applicant or Staff.

There was no public comment.

Mr. Benge spoke to land abutting the project.

Jeffrey Woods, President of Acadia Healthcare, being duly sworn, spoke to not receiving

adjudicated or incarcerated patients, and no current plans to become a Baker Act facility.

Mr. Cronk spoke to landscaping on outer wall, undeveloped eastern side, Phase 2 being

attached to the second story, clarification of #13 on page 9, and parking locations.

Mr. Benge noted the condition of patients being irrelevant to the Petition.

Dr. Woods spoke to lives being improved from facilities such as this.

Chair Hester closed the public hearing and entertained a motion.

A motion was made by Board Member Ludos, seconded by Vice Chair Maturo, to

recommend the City Commission approve Petition No. DMP-22-133, Acadia

Behavioral Health Hospital Development Master Plan with the modification and

conditions as presented, including conditions 1 through 14 and one waiver

regarding increasing the fence height from eight-feet to fourteen-feet, and find that

based on the competent substantial evidence, the Development Master Plan

complies with the City of North Port Comprehensive Plan Future Land Use Goal 1,

Goal 2, and Economic Development Objective 1.1, and Policy 4.1.2 and Section

53-102, 53-103, and 53-113 of the Unified Land Development Code (ULDC).

Condition #1. Per § 60-7 (B) of the ULDC, the fire line to the building shall extend to

one foot above finished floor (1’ AFF) or one foot above finished grade (1’ AFG)

interior of the building. This requirement shall be called out on all civil drawings

for reference.

Condition #2. The Fire Department Connection (FDC) placement must meet the

ULDC, Chapter 60-8 and shall not be located no further than ten (10) feet from the

curb line.

Condition #3. The ULDC and North Port Utilities require a double detector check

valve assembly for all fire lines. Please amend sheets C7.0 (Overall Utility Plan) and

C7.1 Utility Plan to reflect this requirement and the Post Indicator Valve Assembly.

Condition #4. Per Urban Design Standards Pattern Book, page 20, parking in the

front of a building will be limited to one row. The remainder of required parking

shall be located to the rear, side, or internal.

Condition #5. Per ULDC Sec. 55-4.B.(3), all new construction, renovation, or

redevelopment shall incorporate the public art in accordance with ULDC Chapter

59. All public art shall be approved by City Staff and/or City Commission.

A. The City Staff and/or City Commission shall approve the art piece and final

placement prior to the issuance of the development order.

Condition #6. Detailed treatment and attenuation calculations, floodplain impact

and compensation analysis and stormwater conveyance capacity analysis will be

required in the later MAS application. The preliminary drainage report dated

November 10, 2022 is not approved with this DMP and will require revisions in the

later Major Site and Development (MAS) application.

Condition #7. NOTICE: Site assessment activities (e.g. surveys, geotechnical)

performed with the use of machinery/equipment which includes removal of trees,

underbrush, or understory vegetation requires

a land clearing/underbrush permit

issued by the City of North Port Building Department. Except for the hand clearing

of understory vegetation, removal of trees or understory vegetation without an

appropriate land clearing/underbrush permit from the City of North Port Building

Department may constitute violation(s) not limited to Florida Fish and Wildlife

Conservation Commission (FWC) rules, ULDC Chapter 58 Archeological Resource

Protection Regulations, and ULDC Chapter 45 Tree Protection Regulations (adopted

Feb. 22, 2022). Hand clearing of understory vegetation shall not occur in a wetland

or watercourse buffer. Definitions of “tree” and “understory vegetation” are

included in ULDC Chapter 45 Tree Protection Regulations (adopted Feb. 22, 2022

ord. no. 2021-46).

Condition #8. Provide

(ERP). Also provide an approved permit under Section 404 of the Clean Water Act

(CWA) issued by either U.S. Army Corps of Engineers (USACE) or Florida

a copy of the approved Environmental Resource Permit

Department of Environmental Protection (FDEP), depending on the location of the

project. The permits will authorize wetland impacts and indicate how wetland

mitigation will be achieved. This permit plus documentation of required wetland

mitigation must be provided prior to construction that impacts the wetland. This

permit is typically provided preferably before scheduling the preconstruction

meeting with the City.

Condition #9.

A 15% gopher tortoise survey was done in October 2021 and 2

gopher tortoise burrows were located.

A. All gopher tortoise burrows found on-site must be avoided with the required

25-foot radius.

B. If gopher tortoises are proposed to be relocated, an FWC relocation permit for

the relocation is needed, and a copy of the survey and permit provided to the City

prior to issuing a Notice to Proceed (NTP). FWC guidelines require a 100% gopher

tortoise survey before conducting capture and relocation activities.

C. On completion of the relocation actions, submit a summary After Action report

to the City that identifies the total number of tortoises relocated to the designated

property. The summary After Action Report will be required prior to issuing

Notice to Proceed (NTP).

D. If site construction/land clearing does not commence within 90 days from the

date of the most recent 100% gopher tortoise survey or start of capture activities, a

new gopher tortoise burrow survey must be completed to ensure gopher tortoises

have not moved in and, if found, a valid permit must be obtained, amended, or

acted on to capture and relocate all tortoises prior to commencing any site

clearing.

E. Immediately following relocation the gopher tortoise agent shall evaluate the

need for installation of

re-entry.

a well-constructed silt fence to prevent gopher tortoise

F. In the case where zero (0) gopher tortoise burrows are located during an initial

limited or 100% gopher tortoise survey an additional 100% gopher tortoise survey

may be required within 90 days of issuing a Notice to Proceed (NTP) and within 90

days of issuing a land clear permit.

Condition #10. Before FDEP permits will be signed, North Port Utilities requires the

following: Four complete sets of DEP permit applications (water and sewer) and

four sets of construction plans both sets of items shall be signed and sealed by the

engineer of record. One engineer certified (sealed) estimate for the cost of utility

construction. A check for the Utility Construction Inspection Fee. The fee shall be

6.5% of the utility construction costs for projects $0 to $2 million, plus 2.5% of

utility construction cost over $2 million. The minimum fee is $250.00.

Condition #11. Prior to commencement of utility site construction, three copies of

shop drawings plus any copies required by the applicant shall be submitted to the

Utility Department for review and approval.

Condition #12. Irrigation systems shall be designed and constructed to meet reuse

standards.

Condition #13. Provide the Utility Department with floor plans and plumbing riser

drawings for each building so meter sizes and capacity fees can be calculated.

Meter and Capacity fees shall prior to utility site construction the Development

Order, Department of Environmental Protection Permit and Development of Health

Permit shall be posted at the project site and provided at the preconstruction

meeting.

Condition #14.

developer agreement shall be negotiated with the utility

department and approved by the Utility Director and City Staff prior to DEP or

Department of Health (DOH) permits being signed and released.

Discussion ensued regarding concern with increased traffic flow, need for the facility, and

the facility being a positive addition to the City.

Chair Hester called for the vote.

The motion carried by the following vote:

6 -

Yes:

Absent:

Chair Hester, Vice Chair Maturo, Board Member Ludos, Board Member Patricoski,

Board Member Waugh and Board Member Baer

1 - Board Member Irizarry

DMP-22-093

Consideration of Petition No.

DMP-22-093, West River Village

Development Master Plan (QUASI-JUDICIAL)

Ms. Hale swore in all those wishing to provide testimony.

Board Members Bear, Patricoski, Vice Chair Maturo and Chair Hester reported having no

ex parte communications.

Board Member Ludos and Board Member Waugh disclosed site visits.

There were no aggrieved or adversely affected persons.

Martin P. Black, on behalf of Bankers Insurance Company, being duly sworn, provided an

overview including aerial site map, zoning designation, proposed Planned Community

Development (PCD), conservation easement acreage, development master plan, number

of units, commercial and office space, consistency with Unified Land Development Code

(ULDC) and the Comprehensive Plan, agreement with the conditions and

recommendations by Staff. future hotel site, multi-use paths, water facilities, access

ways to River Road, and future proposed school campus.

Ms. Willette-Grondin, being duly sworn, provided a review including site, zoning, Transfer

of Development Rights (TDR), waivers, site map, neighborhood meeting, impact analysis,

impact analysis, project being compatible with surrounding areas, buffering from Wellen

Park, waivers, chart of proposed dwelling units, staff review, conditions, and consistency

with Unified Land Development Code (ULDC), and Comprehensive Plan.

There were no rebuttals from the Applicant or Staff.

There was no public comment.

Mr. Black spoke to a round-about site, projected traffic, traffic light at Playmore Road and

South River Road, monument sign height, speed limit determining sign height, stoplight

color, and commercial signage.

Ms. Willette-Grondin spoke to exceeding maximum dwelling units and TDR.

Mr. Black spoke to receiving additional development rights and giving a conservation

easement in perpetuity and TDR rights provided in the Comprehensive Plan.

There were no closing arguments from Staff or the Applicant.

There was no public comment.

Chair Hester closed the public hearing and entertained a motion.

A motion was made by Board Member Ludos, seconded by Vice Chair Maturo, to

recommend the City Commission approve Petition No. DMP-22-093 West River

Village Development Master Plan with the following waivers and conditions.

Waiver #1 - Waiver from Unified Land Development Code (ULDC) Chapter 55,

Section 55-55 - Activity Center Design Regulations and the adopted Urban Design

Standards Pattern Book for Activity Center #8 and replace the existing legacy

design regulations for The Gardens with the West River Village Design Standards.

Waiver #2 - To allow for a minimum 30-foot building setback from the property line

for a length of 1,550 feet abutting the stormwater management easement area, as

shown in Figure 3 of the staff report.

Waiver #3 - To allow a zero-foot buffer for a length of 1,000 feet where a forty (40)

foot buffer is required, as shown in Figure 4 of the staff report. Staff recommends

adding

condition when the site layout is finalized through the master

infrastructure plan, and it is determined there is adequate area to place a buffer,

then the developer shall provide the appropriate buffers required by the ULDC.

Waiver #4 – To adhere to ULDC Chapter 29 Sign Regulations regarding signs for

Activity Center #8.

Condition #1 - Detailed stormwater hydraulic analysis of the stormwater system

must be provided at the infrastructure/site development stage.

Condition #2 -Final determination of the number of development rights available

for transfer from the Activity Center portion of the proposed Sending Zone shall be

determined by the total wetland acreage as per a formal wetland determination by

the Southwest Florida Water Management District, less any wetland area to be

impacted by the Project.

Condition #3 - City Commission shall approve

a Developers Agreement for the

Transfer of Development Rights (TDR) through an Ordinance.

Condition #4 - Transfer of Development Rights (TDR) and Conservation Easements

shall be approved by Commission and recorded with the Sarasota County Clerk of

Court prior to developing the residential units allotted under the TDR.

Condition #5 – Density shall be capped at 629 dwelling units in the event the TDR

agreement and conservation easements are not successfully completed.

Condition #6 – All signage shall comply with ULDC Chapter 29 Sign Regulations,

and Section 53-111.

Discussion ensued regarding the need for this type of development.

Chair Hester called for the vote.

The motion carried by the following Vote:

6 -

Yes:

Chair Hester, Vice Chair Maturo, Board Member Ludos, Board Member Patricoski,

Board Member Waugh and Board Member Baer

1 - Board Member Irizarry

Absent:

Recess was taken from 10:11 a.m. to 10:16 a.m.

7. PRESENTATION

22-3845

Sunshine Law Training (Presented by the Office of the City Attorney)

Chair Hester introduced the item.

Mr. Golen provided

a presentation including public meetings definition, open meeting

requirements, penalties for violation, penalty examples, public records definition,

identifying a public record, email and text messages, public records requests, public

records retention, Florida Commission on Ethics, prohibited conduct, prohibited

relationships, voting, conflicts of interest, relatives, penalties for ethics violation, meeting