4970 CITY HALL BLVD  
NORTH PORT, FL 34286  
City of North Port  
Meeting Minutes - Final  
Planning & Zoning Advisory Board  
Thursday, June 16, 2022  
9:00 AM  
City Hall Room 244  
1. CALL TO ORDER  
Vice Chair Hester called the meeting to order at 9:17 a.m.  
Vice Chair Hester noted the delay in starting the meeting was due to waiting for a  
quorum.  
2. ROLL CALL  
Present:  
4 - Vice Chair Nita Hester, Kenneth Maturo, Carolann Palm-Abramoff and Jose Irizarry  
2 - Chair James Sawyer and Phillip Ludos  
Absent:  
Also Present  
Assistant City Attorney Margaret T. Roberts, Planner III Sherry Willette-Grondin, Planner  
II Noah Fossick, Planner I Sam Hudson, Sarasota County School Board Representative  
Diane Cominotti, and Recording Secretary Susan Hale.  
3. PLEDGE OF ALLEGIANCE  
The Pledge of Allegiance was led by the Board.  
4. PUBLIC COMMENT  
Lois Rose: Planning and Zoning Advisory Board evening meeting.  
5. APPROVAL OF MINUTES  
22-2958  
A.  
Approval of Minutes for the May 19, 2022 Planning and Zoning Advisory  
Board Meeting.  
A
motion was made by Board Member Irizarry, seconded by Board Member  
Maturo, to approve the Minutes as presented. The motion carried by the following  
vote:  
4 -  
Yes:  
Vice Chair Hester, Board Member Maturo, Board Member Palm-Abramoff and Board  
Member Irizarry  
2 - Chair Sawyer and Board Member Ludos  
Absent:  
6. PUBLIC HEARING  
VAC-22-092  
A.  
Resolution 2022-R-38, The Property Owners, Patrick and Michelle Ireland,  
are Requesting the City of North Port Grant a Vacation of a Portion of the  
Platted Rear 10-foot Maintenance Easements on Lots 3, 4, 18, and 19,  
Block 822, Nineteenth Addition to Port Charlotte Subdivision to Construct a  
Pool and Cabana.(QUASI JUDICIAL)  
Vice Chair Hester introduced the item.  
Ms. Hale swore in all those wishing to provide testimony.  
Board Members reported having no ex parte communications.  
There were no aggrieved or adversely affected persons.  
Patrick Ireland, Property Owner, being duly sworn, was present for questions but had no  
presentation to make.  
Mr. Hudson, being duly sworn, provided an overview including a title correction, utilities  
review, and staff approval.  
There were no rebuttals from the Applicant or Staff.  
There was no public comment.  
Discussion ensued regarding a Scrivener's error in Staff Report, and no response from  
utility agencies indicating no objection.  
There were no closing arguments from Staff or the Applicant.  
Vice Chair Hester closed the public hearing and requested a motion.  
A
motion was made by Board Member Palm-Abramoff, seconded by Board  
Member Maturo, to recommend approval to the City Commission of Resolution No.  
2022-R-38 as presented. The motion carried by the following vote:  
2 - Board Member Maturo and Board Member Irizarry  
2 - Vice Chair Hester and Board Member Palm-Abramoff  
2 - Chair Sawyer and Board Member Ludos  
Yes:  
No:  
Absent:  
REZ-21-335  
B.  
Ordinance 2022-06, Rezone of 15.64 Acres from "Commercial General"  
(CG) to "Planned Community Development" (PCD) Located Northwest of  
I-75 and Toledo Blade Boulevard (QUASI-JUDICIAL)  
Vice Chair Hester introduced the item.  
Ms. Hale swore in all those wishing to provide testimony.  
Chair Hester noted the rezone request was continued from the April 7, 2022 Planning and  
Zoning Advisory Board Meeting, the Applicant was present while Public Comment was  
held and acknowledged the public's right to comment on this item at that time, and  
Public Comment was heard but a Public Hearing was not held and no evidence was  
placed on the record for this item.  
Board Members were reminded when making a  
recommendation to the City Commission that the Board only consider evidence  
presented for the record during this hearing.  
Board Members Maturo, Palm-Abramoff and Irizarry reported having no ex parte  
communications. Vice Chair Hester noted she was approached by an individual who  
wished to discuss Item No. REZ-21-335 and DMP-21-334, and she referred them to the  
Planning and Zoning Division.  
There were no aggrieved or adversely affected persons.  
Jackson Boone, on behalf of I-75 INTERCHANGETHIRTYTWO LLC and INTERCHANGE  
THIRTY-TWO INC, being duly sworn, provided an overview including property map,  
surrounding landmarks, requested land use change, consistency with the Unified Land  
Development Code (ULDC), and requested approval by the Board.  
Mr. Fossick, being duly sworn, provided a review of the petition including required  
neighborhood notifications and meetings, legal advertisements, City Directors' and City  
Attorney review, consistency with Florida Statutes, the City's Comprehensive Plan and  
the ULDC, and Staff's recommendation.  
There were no rebuttals from the Applicant or Staff.  
Public Comment:  
Carmine Miranda: being duly sworn, expressed opposition of the rezone.  
Frederick Greene: being duly sworn, expressed opposition to the rezone.  
Donna Macey: being duly sworn, expressed opposition to the rezone.  
Mike Cicak: being duly sworn, expressed opposition to the rezone.  
Lois Rose: being duly sworn, expressed opposition to the rezone.  
Tammy Wichers: being duly sworn, expressed opposition to the rezone.  
Joshua Wichers: being duly sworn, expressed opposition to the rezone.  
Susan Balmer: being duly sworn, expressed opposition to the rezone.  
Craig Beal: being duly sworn, expressed opposition to the rezone.  
Mary Jude Moffat: being duly sworn, expressed opposition to the rezone.  
Richard Myers: being duly sworn, expressed opposition to the rezone.  
Lisa Kurecki: being duly sworn, expressed opposition to the rezone.  
Alan Kurecki: being duly sworn, expressed opposition to the rezone.  
Cherri King: being duly sworn, expressed opposition to the rezone.  
Kevin Moffat: being duly sworn, expressed opposition to the rezone.  
Discussion ensued regarding commercial vacancy rate, rezone effects on Panacea  
Activity Center, and balancing commercial and residential.  
Mr. Fossick spoke to the Planned Community Development (PCD), commercial  
development, and the Comprehensive Plan overriding the ULDC.  
Discussion continued regarding the underlying zoning designations for Activity Centers.  
Ms. Roberts spoke to zones consistency with the Comprehensive Plan.  
Mr. Fossick addressed compatibility of a PCD zone, permitted use lists for Activity  
Center 4, and the Comprehensive Plan overriding the ULDC.  
Ms. Roberts spoke to determining whether the Petition is consistent with the  
Comprehensive Plan and the ULDC.  
Mr. Fossick noted the proposed rezone meets the requirements of the Comprehensive  
Plan, the ULDC, and Florida Statutes.  
Ms. Roberts addressed the Board's duty to receive testimony from City Staff, the  
Applicant, and giving weight to Public Comment.  
There were no closing arguments from Staff.  
Mr. Boone provided closing arguments by addressing North Port Gardens Development of  
Regional Impact (DRI) property to the east of Toledo Blade Boulevard, examining the  
Activity Center as a whole, and the job growth grant for extending utilities.  
Ms. Roberts spoke to City Code Chapter 2, Article III, Section 2-83 (4) identifying the  
factors under consideration.  
Vice Chair Hester closed the public hearing and requested a motion from the Board.  
A
motion was made by Board Member Maturo, seconded by Board Member  
Palm-Abramoff, to recommend denial to the City Commission of Ordinance No.  
2022-06, and find that, based on the competent substantial evidence the proposed  
Rezone does not comply with the Unified Land Development Code (ULDC), Section  
1-33, and the City of North Port Comprehensive Plan, Future Land Use Goals 1 and  
2, and Policy 2.21.  
Discussion ensued regarding the participation of the public and concern that sufficient  
evidence was presented for approval of the petition.  
The motion failed by the following vote:  
2 - Board Member Maturo and Board Member Irizarry  
Yes:  
No:  
2 - Vice Chair Hester and Board Member Palm-Abramoff  
2 - Chair Sawyer and Board Member Ludos  
Absent:  
Vice Chair Hester passed the gavel to Board Member Maturo.  
A
motion was made by Vice Chair Hester, seconded by Board Member  
Palm-Abramoff, to recommend approval to the City Commission of Ordinance No.  
2022-06 as presented. The motion carried by the following vote:  
3 - Vice Chair Hester, Board Member Palm-Abramoff and Board Member Irizarry  
1 - Board Member Maturo  
Yes:  
No:  
1 - Board Member Ludos  
Not Present:  
Absent:  
1 - Chair Sawyer  
Board Member Maturo passed the gavel back to Vice Chair Hester.  
DMP-21-334  
C.  
Development Master Plan, Toledo Blade Flats, DMP-21-334 located  
northwest of I-75 and Toledo Blade Boulevard (QUASI-JUDICIAL)  
Vice Chair Hester introduced the item.  
Ms. Hale swore in all those wishing to provide testimony.  
Vice Chair Hester noted the Development Master Plan (DMP) request was continued from  
the April 7, 2022, Planning and Zoning Advisory Board meeting, the Applicant was  
present while Public Comment was held and acknowledged the public's right to comment  
on this item at that time, and Public Comment was heard but a Public Hearing was not  
held and no evidence was placed on the record for this item. Board Members were  
reminded when making  
a recommendation to the City Commission the Board only  
consider evidence presented for the record during this hearing.  
Board Members Maturo, Palm-Abramoff and Irizarry reported having no ex parte  
communications. Vice Chair Hester noted she was approached by an individual who  
wished to discuss this item, and she referred them to the Planning and Zoning Division.  
There were no aggrieved or adversely affected persons.  
Jackson Boone, on behalf of I-75 INTERCHANGETHIRTYTWO LLC and INTERCHANGE  
THIRTY-TWO INC, being duly sworn, provided  
a
brief overview including their  
disagreement with Staff's position pertaining to the non-residential component, property  
location and boundaries, Development Master Plan (DMP) components, complex  
elevations, design standards, stormwater retention ponds, wetlands, access points,  
transportation analysis, City water and sewer, no protected species, surrounding  
setbacks, Florida Power and Light (FPL) easement, landscape buffer, waiver requests,  
and commercial property to the east.  
Mr. Fossick, being duly sworn, provided an overview including location, community  
meetings, waiver requests, the DMP not consistent with Unified Land Development Code  
(ULDC) or the Comprehensive Plan, no integrated uses, commercial fiscal impact vs.  
residential fiscal impact, water and sewer, and Staff 's recommendation.  
There was no rebuttal from Applicant.  
Mr. Fossick provided a rebuttal, speaking to mixed components in the Activity Center.  
PUBLIC COMMENT:  
Lois Rose: being duly sworn, expressed opposition to the petition.  
Tammy Wichers: being duly sworn, expressed opposition to the petition.  
Josh Wichers: being duly sworn, expressed opposition to the petition.  
Susan Volmer: being duly sworn, expressed opposition to the petition.  
Craig Beal: being duly sworn, expressed opposition to the petition.  
Mary Jude Moffat: being duly sworn, expressed opposition to the petition.  
Lisa Kurecki: being duly sworn, expressed opposition to the petition.  
Allan Kurecki: being duly sworn, expressed opposition to the petition.  
Kevin Moffat: being duly sworn, expressed opposition to the petition.  
Vice Chair Hester noted Board Members were present at the April 7, 2022 meeting.  
Mr. Boone spoke to market demand for the property, no sidewalk connectivity,  
development a small part of the Activity Center, proposed wetlands, and a pool being the  
only amenity.  
Sina Ebrahimi, Civil Engineer Kimley-Horn and Associates, being duly sworn, addressed  
the drainage runoff mitigation, stormwater directed away from the wetlands, and wetland  
jurisdictional requirements.  
Mr. Fossick provided closing arguments regarding building elevations being approved at  
the Urban Designs Standards Review stage of development.  
Mr. Boone provided closing arguments and spoke to having provided sufficient evidence  
for approval for the development.  
Vice Chair Hester closed the Public Hearing and requested a motion from the Board.  
A
motion was made by Board Member Maturo, seconded by Board Member  
Irizarry, to recommend denial to the City Commission of Petition No. DMP-21-334,  
and find that, based on the competent substantial evidence the proposed  
Development Master Plan does not comply with the Unified Land Development  
Code (ULDC), Section 53-102, and the City of North Port Comprehensive Plan,  
Future Land Use Goal 2, Policies 2.4.1 and 2.4.3.  
Discussion ensued regarding commercial development needs within the City and the  
abundance of residential areas, the Strategic Plan, residential developments within the  
Activity Center, and commercial component being vital to the City's growth.  
The motion carried by the following vote:  
4 -  
Yes:  
Vice Chair Hester, Board Member Maturo, Board Member Palm-Abramoff and Board  
Member Irizarry  
2 - Chair Sawyer and Board Member Ludos  
Absent:  
7. FUTURE AGENDA ITEMS  
Future agenda items include the school board's ex-officio member's role on the Board and  
whether this Board may change the date/time of a Board meeting.  
Ms. Roberts spoke to the email confirmation regarding the Board changing times.  
There was a consensus regarding two future items to include the Ex Officio School  
Board Member's role on the Planning and Zoning Advisory Board (PZAB), and a  
legal opinion regarding the correct process for the PZAB to schedule  
meeting.  
a night  
8. PUBLIC COMMENT  
Tammy Wichers: concern regarding the next stage of the DMP process.  
Mr. Fossick: spoke to Commission's hearing schedule for the rezone and DMP issues.  
Mary Jude Moffat: understanding the review process.  
Ms. Roberts summarized the process of a quasi-judicial hearing.  
Richard Meyers: the horizontal land buffer.  
Frederick Green: devaluation of residential property.  
9. ADJOURNMENT  
Vice Chair Hester adjourned the meeting at 12:11 p.m.  
By: ___________________________________________  
James Sawyer, Chair  
Minutes approved on the ___ day of ______________, 2022.