File #: TXT-22-188-2    Version: 1 Name: ULDC Repeal Chapter 29 and Create Chapter 5 Signs
Type: Petition Status: Agenda Ready
File created: 6/26/2024 In control: Planning & Zoning Advisory Board
On agenda: 7/18/2024 Final action:
Title: Consideration of Amendment to the Unified Land Development Code (ULDC) (TXT-22-188-2) (Ordinance No. 2024-14) Repealing Chapter 29-Sign Regulations of the ULDC and Creating a New Chapters 5-Signs
Attachments: 1. Ordinance No. 2024-14
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TO:                                           Planning & Zoning Advisory Board

 

FROM:                      Lori Barnes, AICP, CPM, Assistant Director, Development Services

 

TITLE:                     Consideration of Amendment to the Unified Land Development Code (ULDC) (TXT-22-188-2) (Ordinance No. 2024-14) Repealing Chapter 29-Sign Regulations of the ULDC and Creating a New Chapters 5-Signs

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Recommended Action

 

The Planning & Zoning Advisory Board finds this amendment TXT-22-188-2 consistent with the Comprehensive Plan and recommends City Commission approval of Ordinance No. 2024-14.

 

General Information

 

The City of North Port has been in the process of amending the Unified Land Development Code (ULDC) since 2015. While the City successfully updated the Comprehensive Plan via the Evaluation and Appraisal Review process in 2017, the land development regulations were never fully amended. Changing growth conditions and a new focus on a sustainable balance of land uses has resulted in the preparation of  a new, modern ULDC that was developed by staff with City Commission direction over a 22-month period, during which time, the Future Land Use Element of the Comprehensive Plan was amended (Ordinance No. 2024-09).

 

The Community Planning Act in the Florida Statutes, Chapter 163, Part II, incorporates fundamental requirements regarding consistency of land development regulations as follows:

 

Florida Statutes 163.3202Land development regulations.-

 

(1)Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan.

 

(2)Local land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall at a minimum:

(f)Regulate signage.

 

As recommended by the City’s outside counsel, the repeal and replacement of sign regulations is presented in a stand-alone ordinance. Chapter 5, Signs was designed for consistency with the case law regarding signage and its relationship to the First and Fourteenth Amendments of the Constitution of the United States of America, the Florida Statutes, the North Port Comprehensive Plan, and the City’s Strategic Vision Plan:

 

Chapter 5: The regulations in this Chapter provide for consistency with and implement Objective 2 of the Transportation Element and Policy FLU 1.8.1. of the Future Land Use Element of the Comprehensive Plan:

 

Objective 2: The City shall continue to improve safety conditions on the City's existing roadway system by adopting land development regulations to limit the proliferation of signage that may distract the attention of motorists; obstruct the vision of motorists, pedestrians, and bicyclists; and otherwise interfere with traffic safety, and through completion of the transportation improvements identified in the Capital Improvements Element.

 

FLU Policy 1.8.1.

8. Regulate signage to provide for an attractive community and safe pedestrian and transportation conditions.

 

Notice of the proposed ordinance was published in a newspaper of general circulation in the City of North Port on July 7, 2024.

 

Attachments:                     

1.                     Ordinance No. 2024-14

 

 

Prepared by:                     Lori Barnes, AICP, CPM, Assistant Director, Development Services Department                     

 

Department Director:  Alaina Ray, AICP, Director, Development Services Department