File #: ORD. NO. 2022-10    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 4/1/2022 In control: City Commission Regular Meeting
On agenda: 7/26/2022 Final action: 7/26/2022
Title: An Ordinance of the City of North Port, Florida, Amending the City of North Port Comprehensive Plan to Add Chapter 12 Property Rights Element; Adding Goals, Objectives, and Policies Pursuant to Florida Statutes Section 163.3177; Repealing City of North Port Comprehensive Plan Chapter 2, Goal 4, Objective 12 of the Future Land Use Element Relating to Balancing Property Owner Interests; Providing for Findings; Providing for Adoption; Providing for Transmittal of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Attachments: 1. Ordinance - Second Reading, 2. Ordinance - First Reading, 3. Staff Report with Exhibits, 4. April 21, 2022, PZAB Action Report, 5. May 10, 2022, City Commission Meeting Minutes, 6. Agency Responses

TO:                                           Honorable Mayor & Members of the North Port Commission

 

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

 

SUBJECT:                     An Ordinance of the City of North Port, Florida, Amending the City of North Port Comprehensive Plan to Add Chapter 12 Property Rights Element; Adding Goals, Objectives, and Policies Pursuant to Florida Statutes Section 163.3177; Repealing City of North Port Comprehensive Plan Chapter 2, Goal 4, Objective 12 of the Future Land Use Element Relating to Balancing Property Owner Interests; Providing for Findings; Providing for Adoption; Providing for Transmittal of Documents; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.

____________________________________________________________________________

 

Recommended Action

 

The City Commission continue Ordinance 2022-10 to second reading.

 

Recommended Action for Second Reading:

 

The City Commission approve Ordinance No. 2022-10.

 

General Information

 

On July 1, 2021, Florida Governor Ron DeSantis signed Senate Bill 59 into law, requiring municipal and county governments adopt a property rights element into their comprehensive plan. On January 3, 2022, Staff initiated this Comprehensive Plan Amendment to add the requisite Property Rights Element by incorporating the language from Section 163.3177(6)(i)1., Florida Statutes, relocating property rights language from elsewhere in the Comprehensive Plan, and adapting language from the property rights elements of other local jurisdictions in the vicinity of the City of North Port.

 

The City Attorney has reviewed and approved Ordinance 2022-10 as to form and correctness.

 

The petition was advertised in a newspaper of general circulation within the City of North Port on April 4, 2022, pursuant to the provisions of Section 166.041(3)(a), Florida Statutes and Section 7.01(c) of the Charter of the City of North Port, and the City of North Port Unified Land Development Code Chapter 1 - General Provisions, Article II. - Administration of Unified Land Development Code, Section 1-12. - Amendments., as amended.

 

The Planning & Zoning Advisory Board heard this item at their April 21, 2022, meeting and voted 5-0 to recommend approval to the City Commission.

 

Within ten (10) days after the first reading, this ordinance and the appropriate supporting data and analyses shall be transmitted to the Florida Department of Economic Opportunity, Southwest Florida Regional Planning Council, Southwest Florida Water Management District, Florida Department of Environmental Protection, Florida Department of State, Florida Department of Transportation, Sarasota County, Florida, and any other local government or governmental agency who has filed a request with the City. These agencies shall review and provide comment pursuant to Florida Statutes Section 163.3184 prior to the ordinance going to second reading.

 

Within ten (10) days of final adoption of this ordinance, this ordinance and all documents shall be transmitted to the Florida Department of Economic Opportunity and any other agency or local government that provided timely comments pursuant to Florida Statutes Section 163.3184.

 

Added for Second Reading:

 

The City Commission heard this item at their May 10, 2022, meeting and voted 5-0 to approve the transmittal of Ordinance 2022-10 to all applicable agencies in accordance with Florida Statutes.

 

The City received responses from the Florida Department of Economic Opportunity, the Florida Department of Education, the Florida Department of Environmental Protection, and the Southwest Florida Water Management District. No agency provided any comments on the proposed amendment.

 

Strategic Plan

 

Create and sustain a safe and healthy environment for residents and visitors of North Port.

 

Develop and promote City governance that fosters trust and utilizes departmental strengths and innovative philosophies to facilitate effective and efficient provisions of all City services.

 

Financial Impact

 

N/A

 

Procurement

 

N/A

 

Attachments:                     1. Ordinance 2022-10 - Second Reading (PZAB meeting date and City Commission second reading date added)

                                                                                    2.  Ordinance 2022-10 - First Reading

3.  Staff Report with Exhibits

                                                                                    4.  April 21, 2022, PZAB Action Report

 

                                                                                    Added for Second Reading:

                                                                                    5.  May 10, 2022, City Commission Meeting Minutes

                                                                                    6.  Agency Responses

 

Prepared by:                                                                Noah Fossick, Planner II

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

 

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