TO: Honorable Mayor & Members of the North Port City Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
SUBJECT: Discussion and Possible Direction Regarding (1) the Draft of the Unified Land Development Code Chapter 5 -- Sign Regulations and Discussion and (2) Possible Direction Regarding Single-Family Development in Activity Center 6 (Yorkshire)
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Recommended Action
No Action Required.
General Information
The purpose of this item is to solicit feedback on (1) the draft of the Unified Land Development Code (ULDC), Chapter 5 - Sign Regulations and (2) Single-Family Development in Activity Center 6 (Yorkshire).
(1) ULDC Chapter 5- Sign Regulations
It should be noted that, due to the significance of signage as related to the First and Fourteenth Amendments of the Constitution of the United States of America, the City's outside counsel, Weiss Serota Helfman Cole + Bierman have already reviewed the draft chapter prepared by staff and materially participated in the development of the regulations being presented at this workshop. Therefore, while there are two consensus questions to be addressed with the City Commission, any other significant changes will require additional legal review and should be approached with caution due to the sensitivity of sign regulations.
(2) Single-Family Development in Activity Center 6
Properties located within the Activity Center 6 (AC-6) Future Land Use Map category were reclassified in the City's Comprehensive Plan over 15-years ago. Following the establishment of AC-6, the properties within the boundary of the activity center should have been rezoned to the Planned Community Development (PCD) zoning district. The properties located on the northeast side of I-75 were rezoned to districts other than RSF-2 (the PCD zoning wasn't established as required). The properties located on the southwest side of I-75 were not rezoned at all and remain zoned RSF-2.
Since Florida Statutes dictate that the Comprehensive Plan supersedes the City's Land Development regulations, the regulations of AC-6 apply.
Florida Statutes 163.3194Legal status of comprehensive plan.-
(1)(a)After a comprehensive plan, or element or portion thereof, has been adopted in conformity with this act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such plan or element shall be consistent with such plan or element as adopted.
Additionally, the City's Unified Land Development Code contains the following:
Sec. 1-4. - Applicability.
C. Consistency with Plan. Nothing in this section shall be construed to authorize development that is not consistent with the City's adopted Comprehensive Plan. If there is inconsistency or conflict between this Code and the City's adopted Comprehensive Plan, the City's adopted Comprehensive Plan shall prevail.
Nevertheless, this conflict between the Comprehensive Plan and the zoning of the properties in AC-6 has become an issue for some property owners in the Dalewood Circle who were contemplating building homes or applying for permits only to find that single-family use is prohibited in AC-6. Development Services is aware this has been brought to the City Commission's attention, and offers the following options for City Commission consideration and possible direction to staff:
1. Retain existing prohibition of low-density residential in AC-6; or
2. Allow single-family homes only on certain blocks and lots in AC-6 (Dalewood Circle area); or
3. Allow single-family homes in AC-6 south of I-75 only; or
Strategic Plan
Economic Development and Growth Management Pillar
Financial Impact
Not Applicable
Procurement
Not Applicable
Attachments:
1. Chapter 5 Signs
2. Staff Presentation ULDC Chapter 5
3. Staff Presentation Activity Center 6 Consideration
Prepared by: Lori Barnes, AICP, Assistant Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department