TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: ANX-18-091, CPA-18-092, REZ-18-093, DMP-18-106 Public hearings for four petitions: Ordinance 2018-25 (Petition ANX-18-091) First Reading, Ordinance 2018-26 (Petition CPA-18-092) First Reading, Ordinance 2018-27 (Petition REZ-18-093) First Reading, and Petition DMP-18-106. RaceTrac Voluntary Annexation of ±3.00 acres into the City of North Port from Unincorporated Sarasota County, Small Scale Comprehensive Plan Amendment to assign Future Land Use, Rezone of ±3.00 acres to assign zoning, and Development Master Plan proposing two phases of development including a 5,500 square foot RaceTrac convenience store and fuel pumps in the first phase. (QUASI-JUDICIAL)
Recommended Action
This agenda item is FOUR petitions. The Commission must make a motion and vote on the action for each petition separately. Staff recommends the following actions:
• Approve with conditions and continue Ordinance 2018-25, Petition ANX-18-091 for second reading on October 9, 2018, annexing the subject ±3.00 acres into the City of North Port.
• Approve with conditions and continue Ordinance 2018-26, Petition CPA-18-092 for second reading on October 9, 2018, based on findings of consistency with the standards and intent of the adopted Comprehensive Plan and all applicable Florida Statutes.
• Approve with conditions and continue Ordinance 2018-27, Petition REZ-18-093 for second reading on October 9, 2018, based on findings of consistency with the standards and intent of the adopted Comprehensive Plan and all applicable Florida Statutes.
• Approve with conditions Petition DMP-18-106, RaceTrac Talon Bay with requested waivers except waiver #9, effective upon adoption of Ordinances 2018-25, 2018-26, and 2018-27.
Background Information
Brian Thornton, Vice President of Real Estate and Engineering of RaceTrac Petroleum Inc. (Applicant), on behalf of Patriot Self-Storage #1 - Tamiami Trail North (Owner) formally submitted to the City of North Port four petitions for a ± 3.00 acre property including: a Voluntary Annexation, Small Scale Comprehensive Plan Amendment, Rezone, and Development Master Plan.
The subject property is located at the southwest corner of the intersection of US 41 and Talon Bay Drive. The property is at the eastern edge of an extension of unincorporated Sarasota County that bisects the City of North Port from north to south along the Myakka River. The property is bordered on three sides with unincorporated Sarasota County Commercial General zoning, with an existing self-storage facility to the south and west and the Warm Mineral Springs Motel to the north across US 41. A vacant commercial building is located to the east in the City’s Planned Community Development (PCD) zoning designation.
The subject property is currently located within unincorporated Sarasota County with a zoning designation of Commercial General and future land use designations of Commercial Corridor and Medium Density Residential. It is currently vacant and undeveloped. The property is within the City of North Port’s ‘Future Annexation Overlay’ designated on the Future Land Use Map.
Ordinance 2018-25 proposes to annex the property into the City of North Port. Ordinance 2018-26 proposes to amend the Future Land Use Map 2-7 in the Comprehensive Plan to assign a City future land use designation of Activity Center to the property and include it in Activity Center 1. Ordinance 2018-27 proposes to rezone the property and assign it a City zoning designation of Planned Community Development. Petition DMP-18-106 proposes the use of the property to include a 5,500 square foot convenience store with fuel pumps in the first phase of development. A future small parcel commercial development on the remaining property is proposed as a second phase of development.
The proposed ordinances for the voluntary annexation, comprehensive plan amendment, and rezone petitions were all submitted to the City Attorney’s Office and reviewed as to form and correctness. The proposed ordinances were properly advertised according to all relevant local and state regulations, which are detailed in the staff report.
The petitions were heard at the August 16, 2018 Planning and Zoning Advisory Board meeting. There was a discussion on waiver #7 regarding how many ice machines the applicant is allowed. There was also a discussion on waiver #9 regarding whether the applicant should be required to pay into the art fund as stipulated by the ULDC Sec. 59-5B. The applicant presented they should receive this waiver as they spend more in construction costs than other businesses on underground infrastructure. The Planning and Zoning Advisory Board took the following actions at this meeting:
• Voted unanimously to recommend that the City Commission approve with conditions, Ordinance 2018-25, Petition ANX-18-091, annexing the subject + 3.00 acres into the City of North Port.
• Voted unanimously to recommend that the City Commission Approve with conditions, Ordinance 2018-26, Petition CPA-18-092, based on findings of consistency with the standards and intent of the adopted Comprehensive Plan and all applicable Florida Statutes.
• Voted unanimously to recommend that the City Commission Approve with conditions, Ordinance 2018-27, Petition REZ-18-093, based on staff findings that this project meets the requirements of the Comprehensive Plan, Unified Land Development Code, and all Federal, State and local regulations.
• Voted unanimously to recommend that the City Commission Approve with conditions, Petition DMP-18-106, RaceTrac Talon Bay with requested waivers except waiver #9.
Strategic Plan
Develop and maintain fiscal policies that support growth and provide economic stability; Guide the development of neighborhoods toward a desired image consistent with the approved urban design aesthetic; Optimize land use and sustainable development in all Activity Centers.
Financial Impact
By adding lands into the City, it will increase buildable land and will therefore increase overall tax base.
Procurement
N/A
Attachments:
1. RaceTrac Talon Bay Staff Report
2. Ordinance 2018-25, Annexation
3. Ordinance 2018-26, Comprehensive Plan Amendment
4. Ordinance 2018-27, Rezone
Prepared by: Nicole Galehouse
Department Director: Frank Miles