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 Public hearings for three petitions: Ordinance 2018-25 (Petition ANX-18-091) Second Reading, Ordinance 2018-26 (Petition CPA-18-092) Second Reading, Ordinance 2018-27 (Petition REZ-18-093) Second 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, and Rezone of ±3.00 acres to assign zoning. (QUASI-JUDICIAL)
Recommended Action
This agenda item is THREE petitions. The Commission must make a motion and vote on the action for each petition separately. Staff recommends the following actions:
• Approve Ordinance 2018-25, Petition ANX-18-091, annexing the subject ±3.00 acres into the City of North Port.
• Approve 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.
• Approve Ordinance 2018-27, Petition REZ-18-093 based on findings of consistency with the standards and intent of the adopted Comprehensive Plan and all applicable Florida Statutes.
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.
The petitions were heard at the September 25, 2018 regular City Commission meeting. The discussion and action were as follows:
• Annexation, Ordinance 2018-25
o There was discussion on the difference between the 2008 Water and Wastewater Agreement and the required Utility Developer’s Agreement. It was explained by Utilities staff that the 2008 agreement was the City agreeing to provide services to the site, while the required Utility Developer’s Agreement provided the City with easements to the utility infrastructure once installed.
o There was a question on the ownership of Talon Bay Drive. The Public Works Director explained that there was some question as to the ownership, but that the City has been maintaining the road since 2010 and should have a prescriptive easement over the road. The City Attorney’s office will be researching this further. The applicant did not have any concern about the development of their site in relation to the ownership of the road.
o Commission voted unanimously to continue Ordinance 2018-25 to second reading on October 9, 2018 with the condition of the required Utility Developer’s Agreement being added to the ordinance, fixing the dates in the whereas clause, and adding the Chief Administrative Officer for Sarasota County to the filing requirements.
• Comprehensive Plan Amendment, Ordinance 2018-26
o There was a question on the window of approval and whether or not this Ordinance had to be delayed for second reading. It was clarified that the window for objection would come after second reading.
o There was discussion on the map attached as “Exhibit B.” There was concern that it was not clear what was being adopted by what was shown in this Exhibit. The decision was made to include Future Land Use Map 2-7 in its entirety.
o Commission voted unanimously to continue Ordinance 2018-26 to second reading on October 9, 2018 with the condition of the required Utility Developer’s Agreement being added to the ordinance, adding “at the time of adoption of this Ordinance” to section 1.03, and adding the amended Future Land Use Map 2-7 in its entirety to “Exhibit B”.
• Rezone, Ordinance 2018-27
o There was discussion about the filing fees, since the annexation ordinance included language that they are to be paid for by the applicant, as well as the deadline for filing.
o Commission voted unanimously to continue Ordinance 2018-27 to second reading on October 9, 2018 with the condition of the required Utility Developer’s Agreement being added to the ordinance, adding “at the time of adoption of this Ordinance” to section 1.01, adding a deadline to the filing requirement, and requiring the fees to be paid by the applicant
• Development Master Plan
o There was discussion on the stormwater system. It was explained that the pond on the parcel to the south would service this site and that there would be an agreement in place regarding maintenance and responsibility of the pond.
o There was a question about the clearing of the lot and if it had been permitted. Staff is looking into that question with Sarasota County.
o There was discussion on the waivers requested by the applicant. There was concern that one bike rack would not be sufficient to service the site. Questions were asked about other developments that were required to pay into the public art fund and if waivers had been given for this. To staff’s knowledge, there have not.
o There was discussion about the waiver for Parcel 2 to not have direct access onto Talon Bay Drive. It was explained that a cross access easement would be required at the time the properties were platted.
o Commission voted unanimously to approve the Development Master Plan, effective upon adoption of Ordinance 2018-25, Ordinance 2018-26, and Ordinance 2018-27, with waivers requested except waiver #9, modifying waiver #2 to include 2 bike racks, and modifying waiver #7 to include 1 propane storage and 1 ice storage.
o This petition is now complete and will not be heard again on October 9, 2018.
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