TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Amending the Unified Land Development Code; Repealing All Chapters Except Chapter 29 - Sign Regulations, Creating a New Chapter 1, "General Provisions"; Creating a New Chapter 2, "Development Review"; Creating a New Chapter 3, "Zoning"; Creating a New Chapter 4, "Site Development Standards"; Creating a New Chapter 6, "Natural Resources"; Creating a New Appendix that Includes Definitions and Technical Specifications; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Transmittal of Documents; Providing for Codification; and Providing an Effective Date.
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Recommended Action
The City Commission approve Ordinance No. 2024-13 and continue to second reading on August 6, 2024.
Recommended Action on Second Reading
The City Commission approve 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 Florida Statutes, the North Port Comprehensive Plan, and the City’s Strategic Vision 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 Florida Statutes and 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 as well as with the Environmental Resiliency and Sustainability and Quality of Life Pillars of the Strategic Vision 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 and the Economic Development & Growth Management and Good Governance Pillars of the Strategic Vision 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 as well as the Environmental Resiliency and Sustainability, and Economic Development & Growth Management Pillars of the Strategic Vision 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 in addition to aligning with the Strategic Vision Plan’s Environmental Resiliency and Sustainability and Quality of Life Pillars. 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 aligns with the Environmental Resiliency and Sustainability and Quality of Life Pillars of the Strategic Vision Plan and 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.
The City Attorney has reviewed Ordinance No. 2024-13 for form and correctness; the City's outside counsel, Weiss Serota Helfman Cole + Bierma, has reviewed the ULDC text.
Information for Second Reading
The City Commission heard the first reading of Ordinance No. 2024-13 at its Regular Meeting on July 23, 2024, and continued the ordinance (with motions made and carried to direct staff to make the following changes to the ordinance) to second reading on August 6, 2024. The ordinance for second reading includes the following revisions:
1. Add “radius from the property line” to sections regarding mailed notice for neighborhood meetings and public hearings on page 24-25.
The ordinance for second reading also includes the following revisions:
1. Renamed MDC, Medium Density Corridor and HDC, High Density Corridor to MIC, Medium Intensity Corridor and HIC, High Intensity Corridor for consistency with the Comprehensive Plan Ordinance No. 2024-09.
2. Section 1.1.4.D. added temporary building and storage facilities for government and public utilities, provided such temporary facilities remain in place no longer than 5-years to the exemptions section.
3. Section 2.2.2. Development Review Matrix changed Variance application to Variance, Major.
4. Section 2.4.2., subsection 2.4.2.1. Development Review Committee (DRC) removed Building and Economic Development from DRC.
5. Section 3.7.7.G.: Clarified language regarding fences on vacant property. Non-opaque (see-through) fencing…
Business Impact Statement
Pursuant to Florida Statures Section 166.041(4)(c), a business impact estimate was not required as this ordinance is enacted to implement Part II of Florida Statutes Chapter 163, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements, and development permits.
Strategic Plan
Economic Development & Growth Management Pillar
Environmental Resiliency and Sustainability Pillar
Good Governance Pillar
Quality of Life Pillar
Financial Impact
Not Applicable.
Procurement
Not Applicable.
Attachments:
1. Ordinance No. 2024-13 with Exhibit A - Second Reading
2. Ordinance No. 2024-13 with Exhibit A - First Reading
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