TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, MPA, ICMA-CM, City Manager
SUBJECT: An Ordinance of the City of North Port, Florida, Amending the City of North Port Comprehensive Plan Future Land Use Element Regarding Goal 2, Figure 1: Standards for Activity Centers, AC #7 Area A, Warm Mineral Springs; Amending the Density, Intensity, and Percentage Of Land Use; and Amending Goal 2, Activity Center #7 Area A, Policies 2.7.11 Through 2.7.22, Providing for Findings; Providing for Adoption; Providing for Transmittal of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI-JUDICIAL)
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Recommended Action for First Reading
The City Commission approve the transmittal of Ordinance No. 2023-18 and related documents to the State of Florida Department of Economic Opportunity for review and continue the Ordinance to second reading on a date to be determined.
Recommended Action for Second Reading
The City Commission approve Ordinance No. 2023-18 with an amendment to strike Policy 2.7.17.
General Information
During the City Commission Regular Meeting held on June 22, 2015, the City Commission approved Ordinance No. 2015-02, establishing “Area A” within Activity Center 7, which area is also known as Activity Center 7A. Acreage percentages by land use type, density, and intensity, were incorporated into the Future Land Use Element, Figure 1, Standards for Activity Centers as follows: 30% Medium Density Residential at 10 dwelling units per acre, 90% Commercial and Office at and intensity of 0.6, and 36% public rec/open. Immediately following the adoption of Ordinance No. 2015-02, the City Commission approved rezoning of the property via Ordinance No. 2015-03, which ordinance directly conflicted with the Comprehensive Plan (allowed 72 multi-family dwelling units vs. 47 maximum). Furthermore, the rezoning ordinance incorporated impermissible contract zoning including limitations of non-residential square footage and approved a development master plan with no expiration.
The proposed amendment is corrective and per City Commission direction on January 9, 2023. Amendments to Figure 1 include establishing a maximum density of 5 dwelling units per acre and a maximum intensity of 0.20 which maximums will be allocated across the entire 15.7 acres, unless subdivided prior to development approval. The amendment also consolidates the AC #7A policies and provides direction for adoption of land development regulations for sustainable development, including maximum impervious surface area ratios, minimum open space requirements, and low impact development standards for stormwater.
A legal notice of intent to amend the comprehensive plan was published by the City of North Port in a newspaper of general circulation, April 17, 2022.
Ordinance No. 2023-18 has been reviewed by the City Attorney and is legally correct as to form.
CPAL-23-046, ORD 2023-18 will be presented to the Planning and Zoning Advisory Board on May 4, 2023, for their recommendation to the City Commission. Due to the timing of the public hearings and City Commission agenda item due dates, the action report will be presented to City Commission at the meeting.
Information for Second Reading:
During the City Commission Regular Meeting held on May 9, 2023, the City Commission heard this item and voted 5-0 to approve the transmittal of Ordinance 2023-18 to all applicable agencies in accordance with Florida Statutes, with the following amendments:
• Add a separate column for Activity Center 7A on Figure 1 to provide clarity between the existing Activity Center designations;
• Changing Policy 2.7.22 to be retained and renumbered to Policy 2.7.17.
The City received responses from the Florida Department of Economic Opportunity, the Florida Department, of Environmental Protection, and the Southwest Florida Water Management District. No agency provided any comments on the proposed amendment.
Since the first reading, staff has had opportunity to further review the City Commission direction to retain Policy 2.7.22 and renumber to Policy 2.7.17 and recommends deletion of the policy. The policy directs developer to work closely with the City to, …”redevelop the tree canopy within the area by being permitted to submit an alternative landscape plan which provides equivalent vegetative cover as required by the Unified Land Development Code…” First, staff does not recommend incorporation of language in the Comprehensive Plan that is directive to a developer. Second, the ULDC does not require provision of equivalent vegetative cover. Third, providing equivalent vegetative cover is neither possible, or desirable on a vegetative site (i.e. sufficient area not available on developed site; replacement of invasive exotics (“equivalent vegetative cover”) would not be consistent with Comprehensive Plan policies, the ULDC or best environmental practices.
At the July 11, 2023, City Commission Regular Meeting, staff requested a continuance to a date to be determined in order to address concerns raised by the sole property owner in Activity Center 7A. Staff provided information to the owner via their attorney, who has communicated that their concerns have been resolved.
The ordinance for final reading has also been modified to incorporate language regarding Section 14 of Chapter 2023-304, Laws of Florida, which prohibits cities from adopting propose or adopt more restrictive or burdensome amendments to its comprehensive plan or land development regulations until June 30, 2027. Due to Ordinance 2015-03 (rezone), which was adopted in conflict with the comprehensive plan, the property may not be developed without the proposed amendments. The amendments provide for consistency between the comprehensive plan and the zoning and include language to clarify subjective policies. Based on the forgoing, staff has determined this comprehensive plan amendment is not more restrictive or burdensome than current regulations.
Business Impact Statement
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 and Growth Management Pillar; Good Governance Pillar.
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments:
1. Staff Report with Exhibits
2. Ordinance No. 2023-18 - First Reading
3. May 10, 2022, City Commission Meeting Minutes
4. Ordinance No. 2023-18 - Second Reading
5. Agency Responses
6. WMS North Port RE 2, LLC - No Objection
Prepared by: Lori Barnes, AICP, CPM, Assistant Director, Development Services
Department Director: Alaina Ray, AICP, Development Services Director