TO: Zoning Board of Appeals/Zoning Hearing Officer
FROM: Lori Barnes, AICP, CPM, Assistant Director, Development Services
SUBJECT: Consideration of Petition AZB-24-124, Appeal to Development Order Issuance for Heron Creek-Parcel K Multi-Family Project (Major Site and Development Plan Approval MAS-23-160) (QUASI-JUDICIAL)
____________________________________________________________________________
Recommended Action
Uphold the Development Order issued for Heron Creek-Parcel K Multi-Family Project MAS-23-160.
General Information
The proposed Heron Creek-Parcel K development is a 150-unit multi-family development located on approximately 9.79 acres within the Heron Creek Development of Regional Impact. The proposed project was reviewed by the City’s Site Development Reviewers pursuant to Chapter 33, Article II, Section 33-8 of the North Port Unified Land Development Code. As part of this review, the Planning & Zoning Division staff determined the project is consistent with the North Port Comprehensive Plan, the Heron Creek Development of Regional Impact Development Order, Ordinance No. 2000-13, as amended, and all applicable provisions of the Unified Land Development Code. On June 18, 2024, the Planning & Zoning Division of the North Port Development Services Department approved and issued a development order for the referenced project, as authorized by Section 33-8.D.(4) of the ULDC.
On July 18, 2024, John Blazi filed an Application to Request an Appeal. The submittal indicated an appeal to the June 18, 2024, Development Services staff approval of Development Order issued for Heron Creek-Parcel K Multi-Family Project (Major Site and Development Plan Approval MAS-23-160) under Article II, Sections 1-10.A(2) and 1-10.C. of the North Port Unified Land Development.
Attachments:
1. Application to Request an Appeal with Supporting Documents
2. Heron Creek Associates, Ltd. Request for Affected/Aggrieved Person Status with Adversely Affected Explanation
3. Heron Creek Associates, Ltd. Response to Appeal of MAS-23-160 by John Blazi
4. Affidavit of James L. Bevillard
5. Affidavit of Ronald A. York
6. Development Services Department Memo regarding Heron Creek Residential Entitlements Under the Development of Regional Impact & Neighborhood Meeting Requirements dated October 2, 2023
7. Bryant, Miller, Olive Response to Legal Request regarding Necessity of Comprehensive Plan Amendment dated January 3, 2024
8. Letter from Noah Fossick to Matt Morris regarding requirements for Heron Creek Parcel K dated May 30, 2023
9. Interoffice Memorandum From Margaret Roberts to A. Jerome Fletcher II, regarding Analyze Parcel K Issue - Heron Creek, dated January 20, 2022
10. Order on Defendants/Counterclaim Plaintiffs’ Amended Motion for Partial Final Summary Judgment on Counter-Claim and Cross-Claim, in Heron Creek Associates, Ltd. V. Steve Dsupin, et al (Case No. 2020 CA 4364 NC)
11. Ordinances 2000-13 with Map H, 2005-28, 2006-46, 2011-33 with Map H, 2013-16;
12. Marsh Creek Questionnaire Checklist for DRI ADA Submission
13. Multiple correspondence from Department of Community Affairs in 1996,1997, 2001
14. BMO’s Letter regarding Heron Creek Land use and Conversion Table dated October 15, 2021;
15. Comprehensive Plan 1988-1998, adopted March 15, 1989
16. Comprehensive Plan, adopted November 10, 1997, amended July 1999, and amended May 28, 2002 (this was provided as one document without detailed information of the revisions in 1999 and 2002).
17. Comprehensive Plan, adopted June 27, 2017
18. Applicant’s Calculations
19. Staff’s Calculations
20. Notice of Representation
21. Heron Creek Associates Amended Response to Appeal
22. Revised Request for Affected Aggrieved Person Status
23. Parcel K TIS (12-6-23)-Signed and Sealed
24. Heron Creek Pattern Book
Prepared by: Lori Barnes, AICP, CPM, Assistant Director, Development Services
Department Director: Alaina Ray, AICP, Development Services Director