NORTH PORT ELECTED AND APPOINTED OFFICIALS:
Officials are are supposed to make decisions based on the Comprehensive Plan and the Unified Land Development Code which was developed long before the current incumbents were elected or appointed. The Plan and the Code include rules that protect your interests as property owners and help guide the growth of the city. There are times when changes to the Comprehensive Plan are important and in the interest of the local citizens, but not for the purpose of accommodating a developer at the expense of the neighborhood character.
The commissioners want the best outcomes for North Port when they make decisions. Adhering to the Unified Land Development Code and the Comprehensive Plan without undermining its intent by making a major change to the Comprehensive Plan would be the best outcome for the people who live in the Kenvil and surrounding neighorhoods.
HIGHEST AND BEST USE CONFLICT:
I briefly spoke with a person from the city about the Kenvil rezoning. She mentioned that zoning decisions are based on highest and best use. That is a real estate principal that does NOT apply in all situations and definetly does not apply to the decision process targeted by the developers to rezone the 18.6 acres. Changing the character of a neighborhood is against the directives of the Comperensive Plan and Future Land Use. In this instance, the highest and best use would be within the current zoning code. The proposed development would change the character of the neighborhood.
If the Planners, Advisory Board and Commissioners are knowledgeable of the content of the development documents, the apartment application should be rejected.
Every city has a Comprehensive Plan that guides decisions. If you are in a community in which a developer is influencing officials to change zoning codes or a major change to the Comprehensive Plan itself to allow for a zoning change, you will need to locate the Comprehensive Plan in your city to learn if your elected officials are following the plan or are making decisions based on their own personal preferences or lack of knowledge. The Plan may be called something else in your city (outside of Florida), but whatever it is called, it contains development rules that are supposed to be followed. Most decisions to make changes to the Comprehensive Plan are good for North Port and do not typically affect a neighborhood the way that the Kenvil proposal will.
ACTIVITY CENTERS:
North Port has a large land mass of 104 Square Miles. There are several areas within North Port that are concieved for various types of development. These areas are called Activity Centers.
They are primarily a mix of commercial, light industrial and high density residential (among other designations).
Activity Center 5 is next to the Kenvil neighborhood from the Toledo Apartments toward i75. The high density residential limit may have been reached in Activity Center 5.
Several other Activity Centers can accommodate additional high-density development. Should the city stuff more high density into the existing residential
neighborhoods? Not if they are following the existing regulations. There are plenty of available properties in other Activity centers that offer high density.
Sec. 53-123. SPECIAL EXCEPTION:
Any use not specifically permitted and not specifically prohibited in this zoning district may file for a special exception permit provided that the use applied for contributes to the intent of the zoning district as stated in the City's Comprehensive Plan and this Unified Land Development Code.
ATTORNEYS FOR DEVELOPERS:
As is normal, the developers hired attorneys who know the text of the Comprehensive Plan, Unified Land Development Codes, Master Plans, etc., more indepth than most of the people making decisions. These highly qualified attorneys can make their applications look like it's in line with the interests of the neighborhood and city better than others can argue against it. If you're not in favor of this project, you will have a limited voice.
REQUIRED NEIGHBORHOOD MEETING Sec. 37-55
The developer, typically with their attorney and other planners are required to meet with property owners who are within 1320 feet of the proposed project.
Typically, the meeting has no bearing on the outcome of the project. It's a formality. The concept is that property owners opinions matter but in practice,
it rarely matters. The exception is that if enough people are against it, then the project might be rejected. I have seen projects
rejected in the past, but only when enough people voice their disapproval or if the decision makers want to keep the character of a neighborhood unchanged.
Sec. 37-55 Text:
When a subdivision/development is greater than one acre or abutting a residential neighborhood, the developer shall be required to hold a neighborhood meeting
shall be required to inform the neighboring community of the project and potential impact. The neighborhood meeting shall take place prior to the petition being
heard by Planning and Zoning Advisory Board and the issuance of a development order or order of approval.(1)Notification of the meeting shall include all residents
within a one thousand three hundred twenty (1,320) foot radius from the property line.
As required, a meeting was held. Any objections are answered with, "nothing has been finalized". It's a placating response.
LIMITED OPPORTUNITY TO BE HEARD:
If you attend the meeting (already held) that the developers are required to hold, you will learn more about their project and will get a chance to ask questions or discuss the development. This is not the same
as being heard. The developers will hear you but likely won't act on your comments. They'll listen to what you have to say but only to the point that it can interfere with what they want to do.
Generally, there will be a public hearing. Other than contacting the commissioners directly, the public hearing will be your primary opportunity to voice that you don't want the development.
North Port's Building Development Decision Process:
The decision process may end with North Port’s commissioners, but it starts WAY BEFORE they vote to approve or disapprove.
| STEP | PROCESS: |
|---|---|
| Attend Pre-Application Meeting |
Meet with the staff responsible for Land Development to review:
|
| Planning and Zoning Advisory Board | The Advisory Board will review the Development Master Plan and the Land Development Staff's findings. Essentially, if the plans get through the Land Dept Staff, the Advisory Board will move the application forward to the City Commission as long as paperwork is complete. |
| City Commission Review | After the Asvisory Board forwards the recommendation to the City Commission, the commissioners will vote at the next scheduled meeting. If approved, an order approving will be issued by the commission and the project can move forward. |
| TITLE | FULL TEXT: |
|---|---|
| RESIDENTIAL SINGLE-FAMILY DISTRICT Sec. 53-119. - Relationship to Comprehensive Plan. |
The Zoning Regulations in this section implement Objective 1 of the Future Land Use Element of the Comprehensive Plan, which states: "Future development activities shall continue to be directed in appropriate areas as depicted on the Future Land Use Map, and shall encourage the use of innovative land development regulations, consistent with sound planning principles, minimal natural limitations, the goals, objectives and policies contained within this plan, and the community character," |
| UNIFIED LAND DEVELOPMENT CODE: INTENT - Sec. 53-120 | These districts are intended to be single-family residential areas of low density. The nature of the use of property is the same in all districts. Variation among the RSF-2 and RSF-3 Districts is in requirements for lot area, width and certain setbacks. Certain structures and uses designated to serve governmental, educational, religious,noncommercial recreation and other immediate needs of such areas are permitted or are permissible as special exceptions within such districts, subject to restrictions and requirements necessary to preserve and protect their single-family residential character. |
Most people support the work done by the commissioners. I'm also pro-development and I work with developers locating potential sites (in addition to non-developers), but not every neighborhood should be subject to a developer's interests. If the elected officials are making decisions based on their personal preferences or lack of knowledge, that could be a problem for your neighborhood. The location that you bought into can become something different.
If you have a real estate related question about selling or buying residential, commercial, acreage or Lots, call Scott:
Phone: 941-882-5494 Ext 701
DISCLAIMER
The writer of this article is a Real Estate Broker not an attorney or an accountant. This article is for information purposes. We believed the information is accurate but we do not guarantee its accuracy. Whenever someone has a legal or tax question, you must consult with your own legal and tax professionals for qualified information. The author is not qualified to offer legal or tax opinions or advise. The information provided is for general knowledge purposes but should not be relied on without confirming with your other professional service providers.
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