Legislation Details

File #: 2024-6013    Version: 1 Name:
Type: Public Hearing - Land Use Item Status: Agenda Ready
File created: 4/24/2024 In control: Board of County Commissioners
On agenda: 5/28/2024 Final action:
Title: PD-24-03, Major Modification to West Port PD - Natural Buffer
Attachments: 1. 1_StaffReport, 2. 2_PowerPoint, 3. 3_Application, 4. 4_Applicant Presentation, 5. FINAL Ordinance. Petition PD-24-03. Kolter Group Acquisitions LLC
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Title

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PD-24-03, Major Modification to West Port PD - Natural Buffer

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Requested Motion/Action

Department Making Request

recommendation

Community Development

a) Approve an Ordinance pursuant to Section 125.66, Florida Statutes, amending the Charlotte County Zoning Atlas from Planned Development (PD) to PD. This is a major modification to the existing PD, Ordinance Number 2023-015, by amending the adopted PD condition “m” in order to define the “natural buffer with 25 feet in width”, for property generally located south of Franklin Avenue, north of El Jobean Road (SR 776), east of the Crestview Waterway, and west of Toledo Blade Boulevard, in the Port Charlotte area, within the Murdock Village Community Redevelopment Area, containing 630.82± acres; Petition No. PD-24-03; Applicant: Kolter Group Acquisitions, LLC; providing an effective date. Located in Commission District IV; and

b) Authorize the Chairman to sign the Ordinance.

Quasi-Judicial

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Agenda Item Type

Public Hearing

Budgeted Action:

No action needed.

 

Background (Why is this Action Necessary, and What Action will be accomplished)

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Background:

The applicant, Kolter Group Acquisitions, LLC, is requesting a major modification to the existing Ordinance Number 2023-015, by amending the adopted PD condition “m” in order to define the “natural buffer with 25 feet in width.”

The subject property is generally located south of Franklin Avenue, north of El Jobean Road (SR 776), east of the Crestview Waterway, and west of Toledo Blade Boulevard, in the Port Charlotte area, within the Murdock Village Community Redevelopment Area and in Commission District IV. It contains a total of 630.82± acres. 

The Sembler Company, the agent for this application, is under contract to purchase a portion of the lands labeled Tract “S” on the approved General PD Concept Plan via Ordinance Number 2023-015, to develop this site as a neighborhood shopping center. The approved PD condition “m” requires a “natural buffer” 25 feet in width as measured from the lot line along the commercial/retail portion of the frontage abutting SR 776. However, neither the condition nor the Code defines in sufficient detail the term “natural buffer”.

The proposed revisions to PD condition “m” do not involve development rights but does clarify what the term “natural buffer” means in the context of this PD. The proposed changes will make development and enforcement more closely aligned with the County Code and the Comprehensive Plan. Therefore, it is staff’s professional opinion that the proposed changes are not contrary to goals, objectives, and policies set forth in the County’s Comprehensive Plan.

In addition, the proposed changes will allow for better visibility for the proposed commercial development while also preserving some of existing trees and adding new plantings.

On April 8, 2024, the Planning and Zoning Board recommended approval of this major modification to the West Port PD to revise the approved PD condition “m”.

What Action will be accomplished?

If the Board of County Commissioners approves this application, the development for Tract S will comply with the new Natural Buffer requirement.

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