TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Request for Waiver of Time Limits for Consideration of a Special Exception Following the City Commission's January 10, 2023 Denial of a Special Exception for a Rezone (Pocatella Avenue Multi-Family SPX-22-123).
Recommended Action
The City Commission has discretion to approve or deny the request to waive the time limits for consideration of a special exception pursuant to Sec. 53-264.B. of the Unified Land Development Code (ULDC).
Background Information
During the City Commission Regular Meeting held on January 10, 2023, the Commission denied SPX-22-123, 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 dog park in an Office, Professional, Institutional (OPI) zoning district, at the intersection of S. Sumter Boulevard and Pocatella Avenue. As a result of the denial, the application is deemed void and per Sec. 53-261.B. and 53-264.A. of the ULDC, no application for a special exception on the property may be considered within one (1) year of denial, unless the City Commission, by three affirmative votes, waives the time limits.
Sec. 53-261. - Denial.
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B. Denial by the City Commission. Upon denial of a special exception, the application is deemed void. No special exception application for any property applied for will be accepted within one (1) year of the denial.
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Sec. 53-264. - Limitations of grant of special exceptions.
A. Whenever the City Commission has taken final action on an application for the grant of special exception or the rezoning of property, whether approved or denied, the Planning and Zoning Advisory Board shall not thereafter consider any further application for any special exception on any part of or all of the same property for a period of twelve (12) months from the date of such action.
B. The time limit...
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