File #: RES. NO. 2023-R-52    Version: 1 Name: Pocatella Multi-Family Special Exception Res. No. 2023-R-52
Type: Resolution Status: Agenda Ready
File created: 9/12/2023 In control: City Commission Regular Meeting
On agenda: 11/14/2023 Final action: 11/14/2023
Title: A Resolution of the City Commission of the City of North Port, Florida, Granting a Special Exception to Allow a Multi-Family Residential Use Located Generally at the Southeast Corner of Sumter Boulevard and Pocatella Avenue, North of McKibben Drive in the Office, Professional, Institutional (OPI) Zoning District pursuant to the City of North Port Unified Land Development Code Section 53-92 and 53-259; Providing for Findings; Providing for Granting the Special Exception; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI-JUDICIAL)
Attachments: 1. Revised Resolution, 2. Resolution, 3. Revised Staff Report, 4. Staff Report, 5. Revised Staff Presentation, 6. Staff Presentation, 7. PZAB Action Report 10-5-23, 8. Aggrieved Party Request - Murphy, 9. Aggrieved Party Request - Thalman, 10. Aggrieved Party Request - Seepe, 11. Ex parte

TO:                                           Honorable Mayor & Members of the North Port City Commission

 

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

 

SUBJECT:                     A Resolution of the City Commission of the City of North Port, Florida, Granting a Special Exception to Allow a Multi-Family Residential Use Located Generally at the Southeast Corner of Sumter Boulevard and Pocatella Avenue, North of McKibben Drive in the Office, Professional, Institutional (OPI) Zoning District pursuant to the City of North Port Unified Land Development Code Section 53-92 and 53-259; Providing for Findings; Providing for Granting the Special Exception; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI-JUDICIAL)

____________________________________________________________________________

 

Recommended Action

 

The City Commission approve Resolution Number 2023-R-52, Petition Number SPX-23-139, Pocatella Avenue Multi-Family Special Exception.

 

General Information

 

Joseph Holt, on behalf of the property owner Zia Butt, has formally submitted to the City of North Port a written petition request for a special exception to allow for a multi-family residential use development with a maximum of 175 dwelling units, leasing office, fitness center/office, pool, and a 2-story office building comprising 10,000 square feet. The property is zoned Office, Professional, Institutional (OPI) with a Future Land Use designation of Professional Office. The application was deemed sufficient on July 6, 2023.

 

The subject property is currently vacant and located at the southeast corner of South Sumter Boulevard and Pocatella Avenue and encompasses approximately 11.71 acres.

 

The proposed multi-family residential use is neither a specifically permitted nor prohibited use in the Office, Professional, Institutional (OPI) zoning district. ULDC Section 53-92 provides that any use not explicitly permitted and not expressly prohibited in the OPI zoning district may file for a special exception in accordance with Article XXII of Chapter 53, provided that the use applied for contributes to the intent of the zoning district as stated in the City's Comprehensive Plan and the Unified Land Development Code. The planned 10,000-square-foot office building is designated for office, professional, or institutional use, is permitted under the OPI zoning district, and is not part of the special exception request.

 

The subject petition was scheduled for Public Hearing with the Planning and Zoning Advisory Board on September 21, 2023. The applicant requested the hearing be continued to the October 5, 2023, Planning and Zoning Advisory Board hearing. The Planning and Zoning Advisory Board approved the continuance with a vote of 5-0, with two board members being absent.

 

The Planning and Zoning Advisory Board heard this item at their regularly scheduled meeting on October 5, 2023. The Board voted 4-2 to recommend the denial of Petition Number SPX-23-139, Special Exception for Multi-Family Residential Use in the OPI Zoning District, via Resolution Number 2023-R-52 to the City Commission.

Following PZAB, the Resolution was amended to reflect the correct public hearing dates and the PZAB action, which is supported by the attached PZAB action report and discussed under the PZAB action. The staff report has been updated to reflect the correct public hearing dates and some minor scrivener errors.

 

The City Attorney has reviewed and approved Resolution Number 2023-R-52 as to form and correctness.

 

Strategic Plan

 

Economic Development & Growth Management

 

Financial Impact

 

N/A

 

Procurement

 

N/A

 

Attachments:                                          

1.                     Revised Resolution 2023-R-52

2.                     Resolution 2023-R-52

3.                     Revised Staff Report with Exhibits

4.                     Staff Report with Exhibits

5.                     Revised Staff Presentation

6.                     Staff Presentation

7.                     PZAB Action Report 10-5-23

8.                     Aggrieved Party Request - Murphy

9.                     Aggrieved Party Request - Thalman

10.                     Aggrieved Party Request - Seepe

 

 

Prepared by:                     Sherry Willette-Grondin, Planner III

                                          Lori Barnes, AICP, CPM, Assistant Director, Development Services Department

 

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