North Port commission approves 66-unit affordable housing at Arbor Park despite staff objection

The North Port City Commission on Jan. 28 approved DMA 24‑093, Ecos at Arbor Park Phase 2, a proposed 66‑unit affordable apartment project at 1191 West Price Boulevard, finding the application met the comprehensive plan and land‑development code despite a staff recommendation to deny the application. The vote was 4‑1, with Commissioner Langdon opposed.

The project developer, McDowell Housing Partners, will build three three‑story buildings on 4.43 acres, provide about 7,800 square feet of ground‑floor commercial space and reserve the residential units for households at 30, 60 and 70 percent of area median income (AMI). The developer told the commission the units will be income‑restricted for 50 years and that rents would range roughly from $493 to $1,800 a month depending on size and income band. The applicant said construction could begin as early as April 2025 and preleasing could start in April 2026.

Why it matters: Commissioners said the project would add long‑term affordable housing in a part of the city seeing substantial market‑rate development. Staff opposed approval on land‑use grounds, saying the proposal did not deliver the intense, physically integrated mix of nonresidential uses the activity‑center policies intend. The applicant and supporters argued federal tax‑credit financing and physical constraints limited how much commercial space could be provided.

Developer presentation and constraints

Attorney Jeffrey Boone, representing MHP Arbor Park 2 LLC, and the applicant team described the project as “real affordable housing” targeted to 30, 60 and 70 percent AMI with a 50‑year use restriction. Eduardo Duran, director of development for McDowell Housing Partners, outlined building footprints, unit counts and amenities and said the developer is targeting a daycare tenant for the commercial space.

Duran and partner Chris Shear explained one central constraint: federal low‑income housing tax‑credit rules (Internal Revenue Code section 42) limit tax‑credit projects so that no more than about 20 percent of project revenue can come from nonresidential uses without jeopardizing financing. Shear told commissioners that exceeding that 20 percent threshold would risk losing the tax‑credit investor interest or trigger federal recapture of tax credits, which would make the project infeasible.

Staff recommendation and rationale

Laurie Barnes, assistant development services director, presented the staff report and recommended denial. “Staff does recommend denial of DMA 24‑093 for failing to meet the comprehensive goals, objectives, and policies regarding activity centers, maximizing economic benefits, providing an intense mixture of residential and nonresidential uses, and failing to provide a physically and functionally integrated mixed use,” Barnes said during the staff presentation.

Barnes told commissioners that the activity‑center policies and the planned community development (PCD) zoning district call for a stronger nonresidential component and more vertically or functionally integrated uses in activity centers. Staff flagged that Activity Center 5’s high‑density residential allocation had been substantially used and said the proposed commercial square‑footage and floor‑area ratio did not meet staff expectations for the parcel’s long‑term economic contribution.

Public comment and local reception

Residents, including tenants of Arbor Park Phase 1, spoke in support of the project. Several residents described difficulties finding stable, affordable housing on fixed incomes or low wages and said the new phase would help families and seniors in North Port. Supporters also said Phase 1 had been well received and urged approval to add more affordable units quickly.

Commission debate and outcome

Commissioners debated two competing priorities: implementing the activity‑center mix envisioned in the comprehensive plan versus delivering additional income‑restricted housing now. Several commissioners said work remains to increase commercial development citywide, but a majority concluded that adding 66 restricted affordable units and the proposed commercial space satisfied the commission’s policy discretion in this case.

A motion to approve the development master plan, to grant the applicant’s requested waiver to preserve a heritage tree (allowing parking in front of Building 1), and to adopt staff conditions 2 through 8 carried 4‑1. Vice Mayor Emmerich moved the motion; Commissioner Duvall seconded. The tally recorded yes votes from Mayor Stokes, Vice Mayor Emmerich, Commissioner Duvall and Commissioner Petro; Commissioner Langdon voted no and stated his concern that the city needs to preserve more commercial capacity for long‑term fiscal sustainability.

Next steps

The approval includes the heritage‑tree modification and the staff conditions noted in the staff report; the applicant will proceed to final permitting and financing. The project team said it will market commercial space with emphasis on community tenants (daycare and nonprofits were discussed) and that it expects tax‑credit financing and a Sarasota County CDBG loan of $1 million as part of the capital stack.

Provenance: The hearing for DMA 24‑093 began at the commission public‑hearing segment (see transcript excerpt below) and concluded with the commission’s vote later in the meeting. Topic introduction excerpt: “This is consideration of petition DMA Dash 20 4 Dash 0 9 3, echoes at Arbor Park 2. This is a quasi judicial…” (transcript time 1322.295–1337.49). Topic finish excerpt: “I think it’s time to vote. And that passes 4 to 1. Commissioner Lang, reason stated?” (transcript time 8295.495–8311.69).