File #: ORD. NO. 2023-25    Version: 1 Name: Future Land Use Map Amendment - Toledo Blade 320 CPAL-22-247
Type: Ordinance Status: Passed
File created: 8/14/2023 In control: City Commission Regular Meeting
On agenda: 11/28/2023 Final action: 11/28/2023
Title: An Ordinance of the City of North Port, Florida, Amending the Future Land Use from Agricultural, Estates to Industrial for a +/- 55.02 Acre Area and to High Density Residential for a +/- 262.34 Acre Area Generally Located North of Interstate 75 and East of Toledo Blade Boulevard; Amending the City of North Port Comprehensive Plan Chapter 2, Future Land Use Map 2-7; Providing for Findings; Providing for Adoption; Providing for Transmittal of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI JUDICIAL)
Attachments: 1. Ordinance - Second Reading, 2. Ordinance - First Reading, 3. Staff Report with Exhibits, 4. Survey, 5. Sketch and Description – Industrial, 6. Sketch and Description – High Density Residential, 7. Future Land Use - Parcel, 8. PZAB Action Report, 9. Notice of Representation - Weiss Serota, 10. Notice of Representation - Boone, 11. Aggrieved Party Request - Price, 12. Aggrieved Party Request - Beal, 13. Aggrieved Party Request - Tokarz, 14. Aggrieved Party - Tokarz Backup, 15. Aggrieved Party - Price Backup, 16. Aggrieved Party -Tokarz Presentation, 17. Aggrieved Party Request - Tokarz obo Martin Moore, 18. Transmittal Documents Comprehensive Plan Amendment CPAL-22-247, 19. Comments and Responses, 20. Ex-Parte Through November 15, 2023, 21. Additional Ex-Parte Through November 27, 2023.pdf, 22. Aggrieved Party Request 2023-25

TO:                                           Honorable Mayor & Members of the North Port City Commission

 

FROM:                      A. Jerome Fletcher II, ICMA-CM, MPA, City Manager

 

 

SUBJECT:                      An Ordinance of the City of North Port, Florida, Amending the Future Land Use from Agricultural, Estates to Industrial for a +/- 55.02 Acre Area and to High Density Residential for a +/- 262.34 Acre Area Generally Located North of Interstate 75 and East of Toledo Blade Boulevard; Amending the City of North Port Comprehensive Plan Chapter 2, Future Land Use Map 2-7; Providing for Findings; Providing for Adoption; Providing for Transmittal of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI JUDICIAL)

____________________________________________________________________________

 

Recommended Action

 

The City Commission approve Ordinance No. 2023-25 (Petition No. CPAL-22-247, Toledo Blade 320). CPAL-22-247, Toledo Blade 320

 

Recommended Action for Second Reading

 

The City Commission adopt Ordinance No. 2023-25 (Petition No. CPAL-22-247, Toledo Blade 320). CPAL-22-247, Toledo Blade 320.

 

 

General Information

 

Kenrick Gallander, AICP with RWA, Inc., on behalf of the property owner, Xin Xue, with Deluxeton North Port, LLC (Exhibit A) has submitted a request for a Comprehensive Plan Amendment (CPA) to change the Future Land Use (FLU) designation of the ±320-acre subject property from Agricultural, Estates to Industrial and High Density Residential (HDR).

The subject property is adjacent to S. Toledo Blade Boulevard and approximately .5 miles from I-75.

 

The property to the north of the site is located in Sarasota County and zoned Open Use Agricultural (OUA). The properties to the east have a FLU of Agricultural, Estates and Village, to the west a FLU of Agricultural, Estates, and to the south a FLU of Village.

 

Kenrick Gallander, AICP with RWA, Inc., on behalf of the property owner, Xin Xue, with Deluxeton North Port, LLC (Exhibit A) has submitted a request for a Comprehensive Plan Amendment (CPA) to change the Future Land Use (FLU) designation of the ±320-acre subject property from Agricultural, Estates to Industrial and High Density Residential (HDR).

The subject property is adjacent to South Toledo Blade Boulevard and approximately .5 miles from I-75.

 

The property to the north of the site is located in Sarasota County and zoned Open Use Agricultural (OUA). The properties to the east have a FLU designation of Agricultural, Estates and Village; to the west a FLU designation of Agricultural, Estates; and to the south a FLU designation of Village.

 

Petition No. CPAL-22-247 (Ordinance No. 2023-25) Toledo Blade 320, was heard by the Planning and Zoning Advisory Board (PZAB) during their Regular Meeting held on September 7, 2023.  At the conclusion of their discussion, the PZAB with a vote of 5-1, recommended approval to the City Commission of Ordinance No. 2023-25.

 

Ordinance No. 2023-25 has been reviewed by the City Attorney and is legally correct as to form.

 

This petition went before the Planning and Zoning Advisory Board on September 7, 2023 with a vote of 5-1 to recommend approval.

 

Added for Second Reading:

 

The City Commission heard this item at their September 26, 2023, meeting where a motion was made to continue Ordinance No. 2023-25 to second reading for approval with a vote of 3-2.

 

On October 2, 2023, Staff transmitted Ordinance 2023-25 to the state. On October 17, 2023, Staff received a letter stating, “No Comment”. On October 30, 2023, Staff received comments from FDOT and on October 31, 2023, they were addressed by Staff. On October 31, 2023, Staff received comments from The Southwest Florida Water Management District (SWFWMD) and on November 6, 2023, Staff addressed the comments. However, one comment required further detail which was provided by Staff on November 8, 2023.

 

On November 9, 2023, staff received comments from FDOT, and staff notified the applicant of these comments. Additional information was provided to Ms. Merkle on October 31, 2023. A representative of the applicant provided supplemental information to Mr. Zaballero on November 14, 2023. On November 21, 2023, staff received email stating FDOT has reviewed the transmitted amendment for the City of North Port pursuant to Section 163.3184(3), Florida Statutes. The proposed CPA is unlikely to significantly impact I-75 resulting in a lower level-of-service. FDOT provide language that will be included in the final approval transmittal to the state.

 

Pursuant to Florida Statutes Section 166.041(4)(c), a business impact estimate was not required because this ordinance is enacted to implement Part II of Florida Statutes Chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits.

 

Strategic Plan

 

Economic Development & Growth Management

 

Financial Impact

 

Not applicable.

 

Procurement

 

Not applicable.

 

Attachments:                     

 

1.                     Staff Report with Exhibits

2.                     Ordinance No. 2023-25 with Exhibits 2nd Reading

3.                     Survey

4.                     Sketch and Description - Industrial

5.                     Sketch and Description - High Density Residential

6.                     Future Land Use - Parcel

7.                     Aggrieved Party

8.                     Representation Notice

9.                     PZAB Action Report Sept 7, 2023

10.                     Aggrieved Party - Tokarz

11.                     Notice of Representation - Boone

12.                     Tokarz Presentation

13.                     Aggrieved Party - Beal

14.                     Aggrieved Party - Tokarz Backup

15.                     Transmittal Documents Comprehensive Plan Amendment CPAL-22-247

16.                      Transmittal Documents Comprehensive Plan Amendment CPAL-22-247

17.                      CPAL-22-247Comments and Responses

18.                      Ex-Parte Through November 15, 2023

19.                     Ordinance No. 2023-25 with Exhibits 1st Reading

 

 

Prepared by:                                                                Carl Benge, AICP, Planner III

                                                                                    Lori Barnes, AICP, CPM, Assistant Development Services Director

 

Department Director:                                            Alaina Ray, AICP, Development Services Director