File #: RES. NO. 2022-R-68    Version: 1 Name: Resolution 2022-R-68, SPX-22-123 Pocatella Multi-Family
Type: Resolution Status: Agenda Ready
File created: 12/1/2022 In control: City Commission Regular Meeting
On agenda: 1/10/2023 Final action: 1/10/2023
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 South 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 Sections 53-92 and 53-259; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI-JUDICIAL).
Attachments: 1. Resolution, 2. Staff Report with Exhibits, 3. Staff Presentation, 4. 12-15-22 PZAB Action Report, 5. Notice of Representation, 6. Ex Parte through January 3, 2023, 7. Aggrieved Party Requests, 8. Special Counsel Memorandum, 9. Petitions, 10. Ex Parte through January 10, 2023
TO: Honorable Mayor & Members of the North Port Commission

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

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 South 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 Sections 53-92 and 53-259; Providing for Conflicts; Providing for Severability; and Providing an Effective Date. (QUASI-JUDICIAL).


Recommended Action

The City Commission approves Resolution 2022-R-68.
Background Information

Jeffery A. Boone, Esq. of the Boone Law Firm, 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 dog park. The property is zoned Office, Professional, Institutional (OPI) with a Future Land Use designation of Professional Office.
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. Unified Land Development Code (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 ULDC.
Resolution 2022-R-68 has been reviewed by the City Attorney and is legally correct as to form...

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