TO: Honorable Mayor & Members of the North Port City Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
SUBJECT: An Ordinance of The City of North Port, Florida, Rezoning ± 18.63 Acres Located in Section 36, Township 39S, Range 21E of Sarasota County and Further Described as Tract “B” Fifty-First Addition to Port Charlotte Subdivision and in Instrument NO. 2008066012 in the Official Records of Sarasota County, from Residential Single-Family District (RSF) Classification to Residential Multi-Family District (RMF) Classification; Amending the Official Zoning Map; Providing for Findings; Providing for Filing of Approved Documents; Providing for Severability; Providing for Conflicts; and Providing an Effective Date.(QUASI-JUDICIAL)
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Recommended Action
The City Commission approve REZ-23-120 via Ordinance No. 2023-32 and continue to second reading on January 23, 2024.
Recommended Action for Second Reading
The City Commission adopt Ordinance No. 2023-32 (REZ-23-120, Serenity Multi-Family).
General Information
On May 17, 2023, the Planning & Zoning Division received from Jackson Boone, an agent for the property owner Toledo Blade, LLC, a Rezone (REZ) petition to rezone a ± 18.63-acre property, generally located north of Hillsborough Boulevard and west of Toledo Blade Boulevard, (PID 1007-25-2118) from Residential Single Family (RSF-2) to Residential Multi-Family.
Sec. 53-120 of the Unified Land Development Code (ULDC) describes the RSF district as follows: “These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all districts. Variation among the RSF-2 and RSF-3 Districts is in requirements for lot area, width, and certain setbacks. Certain structures and uses designated to serve governmental, educational, religious, noncommercial recreation and other immediate needs of such areas are permitted or are permissible as special exceptions within such districts, subject to restrictions and requirements necessary to preserve and protect their single-family residential character.” It is important to note that ULDC Sec. 53-122 which specifies Prohibited Uses in RSF does not list multi-family as a prohibited use. Therefore, a multi-family development at a maximum density of 4.3 dwelling units per acre, could be granted a Special Exception in RSF per Sec. 53-123.
Sec. 53-146 of the Unified Land Development Code (ULDC) describes the RMF district as follows: “The residential multifamily district is intended to be a high-density residential district with emphasis on multifamily use.” However, the permitted uses under Sec. 53-147 include, “all principal uses, and structures permitted in RSF (single-family), two-family dwellings, multiple family dwellings and townhomes, and cluster houses.” The density associated with single-family and two-family dwellings is not high density, therefore, the intent to allow lower densities is established in the ULDC, despite the reference to High Density Residential future land use included in Sec. 53-145. - Relationship to the Comprehensive Plan.
The property subject to this petition fronts on an arterial road (S. Toledo Blade Boulevard) between Hillsborough Boulevard and Price Boulevard, approximately 1.5 miles north of U.S. 41 and about 1.15 miles south of Activity Center 5. Florida Department of Transportation data from 2022 indicates an Annual Average Daily Traffic (AADT) count of 20,000 vehicles on S. Toledo Blade Boulevard between Hillsborough Boulevard and Price Boulevard. (AADT data represents the total volume of traffic on a roadway segment for one year, divided by the number of days in a year).
A mixture of Zoning districts currently exists in the immediate surrounding area, including Residential Multi-Family (RMF), Residential Two-Family (RTF), Single Family Residential (RSF), as well as Neighborhood Commercial (NC) and Planned Community Development (PCD). While the properties abutting the subject site have a RSF zoning district, RTF is located approximately 300-feet to the northeast (across Toledo Blade Boulevard) with adjacent General Commercial (GC) about 1,000 feet from the site. To the north, RMF exists about 1200-feet away as well as existing high-density residential development in the PCD district about 500-feet to the northwest.
The NC zoning abutting RSF zoning along parallel collector roads (S. Chamberlain Boulevard and S. Haberland Boulevard), as well as GC zoning adjacent to low-density residential in the PCD district (S. Toledo Blade Boulevard and Woodhaven Drive) should be noted as the current Zoning Map applies higher density/intensity zoning districts next to lower density/intensity, relying on buffering and compatibility standards in the Unified Land Development Code to minimize incompatibility between uses.
A companion petition (CPA-23-124) to amend the Comprehensive Plan Future Land Use (FLU) Map designations from Low Density Residential FLU to Medium Density Residential FLU has also been submitted. If the FLU map amendment and rezone are adopted, a future Development Master Plan approval by the City Commission would be required in advance of any development occurring on the site.
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.
The City Attorney has reviewed and approved Ordinance 2023-R-32 for form and correctness.
At their regularly scheduled meeting on December 7, 2023, the Planning & Zoning Advisory Board voted 4-1, with 2 members being absent, to recommend City Commission approve REZ-23-120 via Ordinance 2023-32.
Information for Second Reading:
The City Commission heard this item at their January 9, 2024, meeting and voted 4-0 to continue Ordinance No. 2023-32 as presented to second reading on January 23, 2024.
Strategic Plan
Economic Development and Growth Management
Good Governance
Financial Impact
Not Applicable
Procurement
Not Applicable
Attachments:
1. Revised Ordinance No. 2023-32 with Exhibits
2. Revised Staff Report
3. Revised Staff Presentation
4. Staff Report with Exhibits
5. Staff Presentation
6. Ordinance No. 2023-32 with Exhibits
7. Notice of Representation
8. PZAB Action Report 12/7/23
9. Ex-Parte - First Reading
10. Applicant presentation
11. Ordinance No. 2023-32 Second Reading
12. Ex Parte through January 9, 2024
Prepared by: Lori Barnes, AICP, CPM, Assistant Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department