TO: Planning & Zoning Advisory Board
FROM: Lori Barnes, AICP, CPM, Assistant Director, Development Services
TITLE: Consideration of Amendment to the Unified Land Development Code (ULDC) (TXT-22-188-1) (Ordinance No. 2024-13) Repealing all Chapters Except Chapter 29-Sign Regulations and Creating New Chapters 1-4 and 6, and Appendix
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Recommended Action
The Planning & Zoning Advisory Board finds this amendment TXT-22-188-1 consistent with the Comprehensive Plan and recommends City Commission approval of Ordinance No. 2024-13.
General Information
The City of North Port has been in the process of amending the Unified Land Development Code (ULDC) since 2015. While the City successfully updated the Comprehensive Plan via the Evaluation and Appraisal Review process in 2017, the land development regulations were never fully amended. Changing growth conditions and a new focus on a sustainable balance of land uses has resulted in the preparation of a new, modern ULDC that was developed by staff with City Commission direction over a 22-month period. (See ULDC Re-Write History for details on workshops and other public notice) during which time, the Future Land Use Element of the Comprehensive Plan was amended (Ordinance No. 2024-09).
The Community Planning Act in the Florida Statutes, Chapter 163, Part II, incorporates fundamental requirements regarding consistency of land development regulations as follows:
Florida Statutes 163.3202Land development regulations.-
(1)Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan.
The proposed ULDC was designed for consistency with the North Port Comprehensive Plan:
Chapter 1: By establishing the ULDC’s relationship to the Comprehensive Plan, referencing statutory exemptions from the regulations, recognizing vested rights and non-conforming uses, Chapter 1 provides for consistency with the Property Rights Element of the Comprehensive Plan. Incorporation of the transfer of development rights growth management tool establishes consistency with the Future Land Use, Conservation, and Costal Management Elements of the Comprehensive Plan. Providing for concurrency management, this chapter is consistent with the Future Land Use, Transportation, Utilities, Recreation & Open Space, Public School Facility, and Capital Improvement Elements of the Comprehensive Plan.
Chapter 2: Through the redesign of the development review process and allowances for some administrative approval authority to make development decisions as predictable, fair, and cost-effective as possible, Chapter 2 provides for consistency with Future Land Use Element and Economic Development Elements of the Comprehensive Plan.
Chapter 3: This Chapter provides for consistency with the Future Land Use Element of the Comprehensive Plan by designing zoning regulations that align with the future land use designations and development intensities contained therein, and establishing zoning codes and other land development regulations that are simple to use and easy to read. Through the establishment of incentives for affordable housing (and relaxing restrictions on accessory dwelling units), environmentally friendly design, sustainable development, and targeted industry, this chapter aligns with the Future Land Use Economic Development, Conservation, and Housing Elements of the Comprehensive Plan.
Chapter 4: By incorporating context-sensitive site design regulations, Chapter 4 provides for consistency with the Future Land Use, Conservation and Coastal Management Elements of the Comprehensive Plan. This chapter incorporates other standards for development, including but not limited to subdivision, fire safety, transportation, stormwater, parking, lighting, buffering, transitional design elements, and open space that are designed for consistency with and implementation of the Future Land Use, Transportation, Utilities, Recreation & Open Space, Economic Development, Property Rights Element and Capital Improvement Elements of the Comprehensive Plan.
(Chapter 5: See agenda item for Ordinance No. 2024-14).
Chapter 6: Creating a chapter dedicated to protection of the natural resources demonstrates the City’s commitment to balancing conservation and urban development by allowing for appropriate growth while safeguarding cultural resources and environmentally sensitive land, species, and habitats. This chapter is consistent with and implements the Future Land Use, Conservation, and Coastal Management Elements of the Comprehensive Plan.
Notice of the proposed ordinance was published in a newspaper of general circulation in the City of North Port on July 3, 2024.
Attachments:
1. ULDC Chapters 1-4 and 6, and Appendix
2. Ordinance No. 2024-13
3. ULDC Re-Write History
Prepared by: Lori Barnes, AICP, CPM, Assistant Director, Development Services Department
Department Director: Alaina Ray, AICP, Director, Development Services Department