TO: Honorable Mayor & Members of the North Port Commission
FROM: Jason Yarborough, ICMA-CM, Interim City Manager
TITLE: Ordinance 2020-39, Revisions to Neighborhood Commercial Zoning
Recommended Action
Continue Ordinance No. 2020-39 to second reading.
Recommended Action for Second Reading: Approve Ordinance 2020-39.
Background Information
During the City Commission Workshop held on September 17, 2019, the Commission discussed the Neighborhood Commercial Zoning Districts and identified use limitations, property constraints, buffering widths and associated costs, size limitations, and design costs. The Commission requested that staff research and include the above concerns in draft language to amend the Unified Land Development Code. This draft language expanding and addressing the above concerns was brought before the Commission at a Commission Workshop on February 3, 2020. At this Workshop, the Commission made several consensuses on the Neighborhood Commercial draft language. The Commission requested a that separate draft Ordinance be brought back to them prior to the second draft of the overall Unified Land Development Code (ULDC). Responses to all consensus items can be found within the staff report on pages 3-5.
Consensus Items include:
1. Consensus to have a 15-foot build-to line from front of building to roadways and for staff to bring back a Geographical Information Systems (GIS) review.
2. Consensus for fuel pumps/gas stations to be added to the not permitted list.
3. Consensus to add adult daycare to the permitted uses and remove it from the not permitted list.
4. Consensus that residential components be within the business structure on second floor or rear of structure.
5. Consensus to remove “Boats or other structures being used as dwelling units” language.
6. Consensus to add “residential unless exempted herein” to the not permitted list.
7. Consensus to remove non-profit from special exception uses.
8. Consensus to add 24-hour operation to the not permitted list.
9. Consensus to remove sound restrictions language.
10. Consensus for staff to review definitions and update accordingly, specifically adding bank to definition of professional services.
11. Consensus to add language that items not listed in the permitted or non-permitted uses require a special exception.
12. Consensus to remove vehicular access parking (#4).
13. Consensus to remove item #5 - buffer wall.
14. Consensus for maximum building height to be 35 feet.
15. Consensus for maximum square footage per use to be 5,000 square feet with 5,001 square feet or more waiver requirement.
16. Consensus for “per use” to be changed to “per business”, including in the previous consensus.
17. Consensus for staff to provide buffer option images, and pros and cons to gain sight, sound, and restrictiveness between incompatible land uses.
18. Consensus to remove language regarding public art requirement for Neighborhood Commercial.
19. Consensus to revisit the bike rack at future discussion (maybe just one for 5,000 square feet).
20. Consensus for staff to bring back changes prior to ULDC rewrite and bring back as first reading.
During the Regular Planning and Zoning Advisory Board Meeting scheduled on October 15, 2020, the Board reviewed the proposed Ordinance Amendment. At the conclusion of the Board’s discussion, they expressed the following:
1. The proposed changes included in the Ordinance Amendment are being processed too hastily. In addition, there is a perception that the proposed changes are more restrictive.
2. Rather than process an Ordinance Amendment, it may be more appropriate to include the changes in the overall ULDC rewrite.
Added for Second Reading:
During the Commission Regular Meeting on October 27, 2020, the Commission made several consensuses to change language for second reading of the proposed Ordinance. The following provides the consensus items:
1. Consensus to define build-to line.
A definition for build-to line has been added in lines 387-390 of the ordinance.
2. Consensus to improve grandfathering language.
This language has been added in lines 61-64 of the ordinance.
3. Consensus to direct staff to work with the City Arborist to address visibility issues for second reading with arborist’s suggestions for species or any other solution.
Staff spoke with the City Arborist who did not suggest recommending specific tree species for the buffers. Tree species do not make a significant difference in reaching maturity earlier to provide more of a visual screen faster. It was suggested that planting techniques, including adding aggregate to the soil, would have a greater impact on trees reaching maturity more quickly, but this presents problems with enforcement.
4. Consensus to redefine business and incorporate the language for second reading.
Definitions for business (activity) and business (entity) have been added beginning in line 392.
5. Consensus to clarify business hours in the ULDC definitions.
This term is referencing inspection hours in the ULDC and the definition will be clarified with the ULDC 2nd draft.
6. Consensus to not allow 24-hour vending machines of any type in Neighborhood Commercial areas.
This language has been added in lines 79-80.
7. Consensus to reword the definition for operational hours on line 133.
Language has been added in lines 74-76 to state a waiver shall not be permitted for operation beyond the hours of 5:00 a.m. to 10:00 p.m.
8. Consensus that the 15-foot build-to line is required for properties with 3 or more sides on collector or arterial roads only.
This language is included in lines 162-164 of the Ordinance.
9. Consensus to expand the clause in the build-to line definition, adding with the exception of “line-of-sight”.
This issue has been addressed beginning with line 152 of the Ordinance.
10. Consensus to have Economic Development reach out to development to market neighborhood commercial areas.
Staff has reached out to Economic Development about this consensus item and they have started working on this directive.
11. Consensus regarding page 5, line 88 removing “commercial” and including a cap on how much residential use is allowed by the development.
Language has been added in lines 97-98 and “commercial” was removed from line 96.
12. Consensus to add the word “attached” between line 88 and 91.
Language has been added in line 97.
13. Consensus for staff to bring back language to reflect the phased approach as well as the subdivisions and sale of those properties to not conflict with the original intent.
This language has been added in lines 213-217.
14. Consensus to reformat verbiage between lines 197 and 203.
This language has been reformatted to include subsections (a) and (b) beginning in line 224.
15. Consensus to add a second illustration on line 216 depicting fencing options.
The existing illustration was redone to show the buffer with both the wall option and fence option, line 245.
16. Consensus to require re-fill fixtures for water bottles at water fountains.
This language has been added in line 324 of the Ordinance.
Strategic Plan
Support a vibrant and diversified economy to create local jobs and attract private investments.
Establish improved neighborhood commercial centers.
Financial Impact
Not applicable.
Procurement
Not applicable.
Attachments: 1. Ordinance 2020-39 for Second Reading
2. Ordinance 2020-39
3. Staff Report with Exhibits
4. Staff Presentation
Prepared by: Alison Christie, AICP, Planner III
Department Director: Jason Yarborough, ICMA-CM, Interim City Manager