File #: ORD. NO. 2024-15    Version: 1 Name: ULDC Repeal and Replace Official Zoning Map
Type: Ordinance Status: Agenda Ready
File created: 6/26/2024 In control: City Commission Regular Meeting
On agenda: 8/6/2024 Final action:
Title: An Ordinance of the City of North Port, Florida, Relating to the Official Zoning Map; Repealing Ordinance No. 2010-15 and the Official Zoning Map, as Amended; Adopting a New Official Zoning Map Pursuant to Chapter 1, Article II, Section 1.2.3. of the Unified Land Development Code; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.
Attachments: 1. Ordinance No. 2024-15 - Second Reading, 2. Ordinance No. 2024-15 - First Reading, 3. Zoning Data Charts
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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, Relating to the Official Zoning Map; Repealing Ordinance No. 2010-15 and the Official Zoning Map, as Amended; Adopting a New Official Zoning Map Pursuant to Chapter 1, Article II, Section 1.2.3. of the Unified Land Development Code; Providing for Findings; Providing for Conflicts; Providing for Severability; Providing for Codification; and Providing an Effective Date.

______________________________________________________________________

 

Recommended Action

 

The City Commission approve Ordinance No. 2024-15 and continue to second reading on August 6, 2024.

 

Recommended Action on Second Reading

 

The City Commission approve Ordinance No. 2024-15.

 

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, during which time, the Future Land Use Element of the Comprehensive Plan was amended (Ordinance No. 2024-09). The amended FLUE included establishment of new future land use districts and adoption of a new Future Land Use Map (Map 2-7).

 

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.

 

This ordinance adopts a new Official Zoning Map pursuant to Chapter 1, Article II, Section 1.2.3. of the ULDC, including new zoning districts to align with the new future land use districts according to Chapter 3, Article I, Section 3.1.1. of the ULDC. Through the assignment of zoning districts that are compatible with the future land use districts, the new Official Zoning Map is consistent with the Florida Statutes, and Policy FLU 1.2.5. of the Future Land Use Element of the Comprehensive Plan.

 

Furthermore, by assigning Environmental Conservation (EC) zoning to environmentally sensitive public properties that were previously otherwise zoned this ordinance is in harmony with the Conservation Element of the Comprehensive Plan. (From 9,119 acres to 17,289 acres; 89% increase of land zoned for conservation). This increase included the assignment of EC zoning to a 13.27-acre area including the spring and surrounding area at Warm Mineral Springs, consistent with Goal FLU 2, Resource Protection, of the Future Land Use Element.

 

By providing for an increase of land zoned to support non-residential development, either in stand-alone development or mixed-use development, the new Official Zoning Map is also consistent with the Economic Development Element of the Comprehensive Plan, including Policy 1.1.5: “The City recognizes the value of continuing to establish land use regulations that allows industrial and commercial uses, in appropriate locations, that have limited options for locating in other areas of the County and region…”. And Policy 1.1.6: “The City shall seek to diversify its tax base through the implementation of programs to attract additional commercial, industrial and mixed use developments…”.

 

The new Official Zoning Map also aligns with the Economic Development & Growth Management Pillar, Priority 4. “Strive to increase North Port’s overall commercial/industrial land use percentage to 18% by 2033.” While the estimated functional increase of non-residential development via adoption of the new Official Zoning Map falls short of the 18% identified in the Strategic Vision Plan (16.12%), it will facilitate development to provide for employment, fiscal balance, and reduced workforce commuter outflow and transportation impacts. This will result in a more sustainable development pattern for North Port, a city disadvantaged by its pre-platted design and lack of forethought regarding the need to balance residential and non-residential development for fiscal sustainability.

 

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. 2024-15 for form and correctness.

 

Information for Second Reading

 

The City Commission heard the first reading of Ordinance No. 2024-15 at its Regular Meeting on July 23, 2024, and continued the ordinance as presented to second reading on August 6, 2024.

 

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

Good Governance Pillar

 

Financial Impact

 

Not Applicable.

 

Procurement

 

Not Applicable.

 

 

Attachments:                     

1.                     Ordinance No. 2024-15 with Exhibit A - Second Reading

2.                     Ordinance No. 2024-15 with Exhibit A - First Reading

3.                     Zoning Data Charts

 

 

Prepared by:                     Lori Barnes, AICP, CPM, Assistant Director, Development Services Department                     

 

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