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North Port delays vote on rezoning after staff move to restore private development rights for 3.3-acre parcel
Summary
City-initiated future land use and rezoning petitions to restore single‑family development rights on a 3.3‑acre property west of Jennings Boulevard were continued to a Sept. 23 second reading after staff explained a mapping error removed prior development rights.
The North Port City Commission on Sept. 9 continued decisions on a city‑initiated future land use map amendment and companion rezoning that would change a 3.3‑acre property from environmental conservation to agricultural estates and rezone it from environmental conservation to agricultural.
Why it matters: Staff said a mapping error in the city’s recent land‑use and zoning update removed development rights previously available to the property owners, John and Veronica Ackerman, and that leaving the designation unchanged could expose the city to a takings claim under the Bert Harris Act if the owners’ preexisting rights were effectively eliminated.
What staff said: Laurie Barnes, deputy director of Development Services, told the commission the property has been in its current configuration since at least 1986 and was explicitly left out of parcels assembled for the Myakka State Forest in 1998. Barnes reported prior Unified Land Development Code (ULDC) rules permitted single‑family homes on conservation‑zoned properties of three acres or more; when the city updated maps and the ULDC, the parcel’s conservation designation was carried forward but, under the new code, conservation was inconsistent with single‑family development rights. Barnes recommended approval of the city‑initiated small‑scale comprehensive plan amendment and rezoning to restore those development rights.
Commissioner questions and public comment: Commissioners asked why the city had not caught the designation earlier and whether the city should expend staff time on an application that benefits a private owner. Commissioner Duval asked whether the applicant had paid fees; staff confirmed all applicable taxes and fees were paid. Resident Melissa Leslie testified in public comment opposing rezoning of conservation lands, calling rezoning a "red flag" and urging the commission to leave conservation land intact.
Legal and procedural context: Staff said the amendment was processed as a small‑scale change under Florida Statutes chapter 163.3177 and the ULDC, and it does not require transmittal to state agencies because it is under the 50‑acre threshold. City attorney review found the proposed ordinance "form and correct." Barnes said staff held a virtual neighborhood meeting on Aug. 28 with no attendees.
Decision and next steps: The commission voted to continue Ordinance 2025‑22 (future land use amendment) and Ordinance 2025‑21 (rezoning) to the second reading scheduled for Sept. 23, 2025, allowing more time for review and public input.
Speakers quoted in this report are taken from the meeting transcript and include Laurie Barnes, who called the matter a "correction to the mapping designations"; Commissioner Duval, who confirmed payment of fees; and Melissa Leslie, who opposed rezoning of conservation land.
Background: Barnes said the change seeks to preserve the property owner’s previously recognized property rights while ensuring environmental protections will be applied during any future development review.
