TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Relating to Impact Fee Collection and Amending And Renumbering Chapter 58 of the Code of the City of North Port, Florida; Providing for Impact Fees; Purpose and Authority; Definitions; Payment of Fees; Fee Tables; Exemptions; Appeals, Reporting, and Reviewing of Fees; Refunds; Developer Reimbursements and Credits; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Recommended Action First Reading
Option 1: Approve Ordinance No. 2026-10 and continue to second reading on April 21, 2026.
Recommended Action Second Reading
Option 1: Approve Ordinance No. 2026-10 as presented.
Recommended Action Third Reading
Option 1: Approve Ordinance No. 2026-10 as presented.
City Commission Options First Reading
Option 1: Approve Ordinance No. 2026-10 and continue to second reading on April 21, 2026.
• Pros: Updating Chapter 58 to incorporate an enhanced Deferral Program that is more attractive to applicants and provides stronger protections for the City, along with formalizing process improvements, will help ensure that fee collection continues to be conducted in a professional and consistent manner.
• Cons: Chapter 58 is not updated, outdated eligibility construction thresholds will remain in use, unnecessary Article I and Article II provisions will continue to be codified, and the absence of codified process improvements may increase the risk of errors in fee collection.
Option 2: Deny Ordinance No. 2026-10 and retain Chapter 58 in its current form.
• Pros: Maintaining a less competitive Deferral Program will result in fewer applicants, which in turn will reduce the number of fees being deferred.
• Cons: Retaining the one-million-dollar construction threshold will continue to discourage developments from applying, and failing to codify the process improvements may increase the risk of errors in fee collection.
City Commission Options Second Reading
Option 1: Approve Ordinance No. 2026-10.
• Pros: Updating Chapter 58 to incorporate an enhanced Deferral Program that is more attractive to applicants and provides stronger protections for the City, along with formalizing process improvements, will help ensure that fee collection continues to be conducted in a professional and consistent manner.
• Cons: Chapter 58 is not updated, outdated eligibility construction thresholds will remain in use, unnecessary Article I and Article II provisions will continue to be codified, and the absence of codified process improvements may increase the risk of errors in fee collection.
Option 2: Deny Ordinance No. 2026-10 and retain Chapter 58 in its current form.
• Pros: Maintaining a less competitive Deferral Program will result in fewer applicants, which in turn will reduce the number of fees being deferred.
• Cons: Retaining the one-million-dollar construction threshold will continue to discourage developments from applying, and failing to codify the process improvements may increase the risk of errors in fee collection.
City Commission Options Third Reading
Option 1: Approve Ordinance No. 2026-10.
• Pros: Updating Chapter 58 will formalize process improvements
• Cons: The deferral program as it is currently codified in Chapter 58 will be repealed.
Option 2: Deny Ordinance No. 2026-10 and retain Chapter 58 in its current form.
• Pros: Staff identify no advantages to the denial of Ordinance No. 2026-10.
• Cons: The current Deferral Program will continue to be in place, which conflicts with the Commission motion on April 21, 2026, and the updated process improvements will not be adopted, increasing the risk of errors in fee collection.
Background Information
The following provides a chronological order of events relating to Ordinance No. 2026-10 and the impact fee deferral program:
Ø April 28, 2020: The Commission provided feedback at its Regular Meeting regarding impact fee deferrals.
Ø September 5, 2023: At a Commission Workshop, staff presented the current impact fee strategy and received direction, including combining the deferral and incentive programs into one Ordinance and determining exemption levels for affordable housing developments.
Ø November 4, 2025: The Commission, at its Regular Meeting, passed the following motion:
“To direct the City Manager to prepare an Ordinance for consideration including Option 1C the proposed updated deferral program eligibility and refined program requirements and Option 1D the proposed process improvements.”
Proposed Ordinance No. 2026-10 includes the Commission direction from November 4, 2025, City Commission Regular Meeting. The Impact Fee Deferral Program allows applicants to defer the payment of impact fees based on specific site characteristics. This Ordinance updates the legislative framework for the program and by itself does not authorize the expenditure of City funds.
Ordinance No. 2026-10 has been reviewed by the City Attorney and is legally correct as to form.
Information for Second Reading
During the City Commission Regular Meeting held on April 7, 2026, Ordinance No. 2026-10 was forwarded to second reading with a 3-2 vote.
Ordinance No. 2026-10 was provided to the City Clerk’s Office on 4/9/2026, for signatures, subject to City Commission approval.
Information for Third Reading
During the City Commission Regular Meeting on April 21, 2026, the City Commission voted 5-0 to “adopt Ordinance No. 2026-10 as amended to eliminate Article II in its entirety.” Due to this substantive change, the City Attorney’s Office determined it was required to readvertise the Ordinance and bring it back to Commission for consideration at a third reading.
With a third reading required, staff also removed language in Chapter 58 that was associated with the option to defer impact fees and definitions that only applied to Article I to reflect the Commission direction to remove the Deferral Program in its entirety.
Ordinance No. 2026-10 has been reviewed by the City Attorney and is legally correct as to form.
Ordinance No. 2026-10 will be provided to the City Clerk’s Office prior to the June 9, 2026, City Commission Meeting, for signature, subject to City Commission approval.
Strategic Plan
Economic Development & Growth Management
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Ordinance No. 2026-10, Third Reading
2. Ordinance No. 2026-10, Second Reading
3. Ordinance No. 2026-10, First Reading
4. Staff Presentation
5. Updated Business Impact Statement
6. Business Impact Statement
Prepared by: Randy Bowling, Impact Fee Administrator
Lori Barnes, AICP, CPM, Development Services Deputy Director
Department Director: Alaina Ray, AICP, Development Services Director