File #: CC DMP-22-60    Version: 1 Name: Consideration of Petition No. DMP-22-060, Arietto Development Master Plan (Quasi-Judicial)
Type: Petition Status: Agenda Ready
File created: 12/27/2022 In control: City Commission Regular Meeting
On agenda: 1/10/2023 Final action: 1/10/2023
Title: Consideration of Petition No. DMP-22-060, Arietto Development Master Plan. (Quasi-Judicial).
Attachments: 1. Staff Report with Exhibits, 2. Development Master Plan, 3. PZAB Action Report, 4. Staff Report - Revised, 5. Correspondence from Project Engineer, 6. LID Commitment Letter, 7. Ex Parte through January 3, 2023

TO:                                           Honorable Mayor & Members of the North Port Commission

 

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

 

TITLE:                     Consideration of Petition No. DMP-22-060, Arietto Development Master Plan. (Quasi-Judicial).

 

 

Recommended Action

 

The City Commission approve Petition No. DMP-22-060, Arietto Development Master Plan. (Quasi-Judicial).

 

General Information

 

Jeffery A. Boone and Trenton Strackbein of Kimley-Horn & Associates, on behalf of Fellowship Church, Inc., request review of a Development Master Plan for an 80-unit medium-density residential development. The project site comprises ±17.42 acres, located within Activity Center 1 (AC-1), behind Fellowship Church, and abuts Sydney Avenue and Hoffman Street.  The subject parcel is zoned Planned Community Development (PCD) and has a Future Land Use of PCD. The proposed project will use the remaining medium-density residential acreage for AC-1.

 

The Planning and Zoning Board heard this item on November 3, 2022. The Board voted 4 to 3 to recommend approval to the City Commission of DMP-22-060 and that Condition 1 be strengthened to include verbiage that requires the applicant to go through the subdivision process if original lot is being subdivided into 3 or more parcels.  Based upon competent substantial evidence, the Development Master Plan complies with the North Port Comprehensive Plan and the Unified Land Development Code, with the following conditions and waivers to the City Commission:

 

Condition #1:  It looks like the property will be split in three parcels. A subdivision application may be required.

 

Condition #2:  Before the Florida Department of Environmental Protection (FDEP) permits will be signed, North Port Utilities requires the following:

 

Ø                     Four complete sets of FDEP permit applications (water and sewer) and four sets of construction plans both sets of items shall be signed and sealed by the Engineer of Record.

 

Ø                     One engineer certified (sealed) estimate for the cost of utility construction.

 

Ø                     A check for the Utility Construction Inspection Fee. The fee shall be 6.5% of the utility construction costs for projects $0 to $2 million, plus 2.5% of utility construction cost over $2 million. The minimum fee is $250.00.

 

Condition #3:  Prior to commencement of utility site construction, three copies of shop drawings plus any copies required by the applicant shall be submitted to the Utility Department for review and approval.

 

Condition #4:  Irrigation systems shall be designed and constructed to meet reuse standards.

 

Condition #5:   Provide the Utility Department with floor plans and plumbing riser drawings for each building so meter sizes and capacity fees can be calculated. Meter and Capacity fees shall prior to utility site construction the Development Order, Department of Environmental Protection Permit and Development of Health Permit shall be posted at the project site and provided at the preconstruction meeting.

Condition #6:  A developer agreement shall be negotiated with the Utility Department and approved by the Utility Director and City staff prior to DEP or DOH permits being signed and released.

 

Condition #7:  The existing manholes for the proposed sanitary sewer connections will be required to be lined after being cored.

 

Condition #8:  Please refer to the City of North Port Utilities updated standard and specifications for design and construction. These can be found on the City of North Port website.

 

Condition #9: The gopher tortoise survey was done in January 2022 and three (3) burrows were found. No more than 90 days prior to, and no fewer than 72 hours before (excluding weekends and 1 holiday) commencing gopher tortoise capture and relocation activities, the gopher tortoise authorized agent shall complete a 100% gopher tortoise survey. The gopher tortoise relocation must be completed before applying for a land clearing permit. All gopher tortoise burrows found on-site must be avoided with the required 25 ft radius. If gopher tortoises are proposed to be relocated, an FWC relocation permit for the relocation is needed, and a copy of the survey and permit provided to the City. On completion of the relocation actions, submit a summary After Action report to the City that identifies the total number of tortoises relocated to the designated property. To ensure that gopher tortoises have not moved to the site in intervening time between relocation activities and land clearing an additional 100% survey of all suitable gopher tortoise habitat may be required within 90-days from the proposed start of land clearing.

 

Condition #10: Provide a copy of the current approved Environmental Resource Permit (ERP) issued by the Southwest Florida Water Management District (SWFWMD). The SWFWMD ERP will indicate presence of wetlands. The permits will authorize wetland impacts and indicate how wetland mitigation will be achieved. This permit plus documentation of required wetland mitigation must be provided prior to construction that impacts the wetland. This permit is typically provided preferably before scheduling the preconstruction meeting with the City.

 

During their Regular Meeting held on November 22, 2022, the City Commission continued this item to a future hearing date, requesting additional stormwater analysis to be provided.  The Project Engineer provided a comparison of pre-development versus post-development discharge rates from the site in the 500-year storm event to the City’s Stormwater Manager, Elizabeth Wong.  The Project Engineer indicated the post development discharge rate is less than the pre-development discharge rate in the 500-year storm at our analysis point.  In addition to this result showing the banks did not overtop.  The developer has also provided a commitment to incorporate low impact development (LID) stormwater measures into the design of the project.   

 

Strategic Plan

 

Economic Development & Growth Management Pillar

Good Governance Pillar

 

Financial Impact

 

Not applicable.

 

Procurement

 

Not applicable.

 

Attachments:

 

1.                     Staff Report with Exhibits

2.                     Development Master Plan

3.                     PZAB Action Report                     

4.                     Staff Report - Revised

5.                     Correspondence from Project Engineer 500-Year Storm

6.                     LID Commitment Letter

 

 

Prepared by:                                            Carl Benge, AICP, Planner III

                                                                                    Lori Barnes, AICP, CPM, Planning and Zoning Division Manager                                          

 

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

                                                                                    Director