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North Port zoning board: homeowners have standing but appeal of Parcel K approval denied

North Port Zoning Board of Appeals · December 16, 2024
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Summary

After a full day of testimony and hours of deliberation, the North Port Zoning Board of Appeals found the Heron Creek Homeowners Association had standing to challenge a development order for a 150‑unit condominium on Parcel K but voted to deny the HOA’s appeal on all substantive counts, leaving the city’s June 2024 approval intact.

NORTH PORT — The North Port Zoning Board of Appeals on Dec. 16 concluded a protracted quasi‑judicial hearing over the city planning department’s June 2024 approval of a 150‑unit condominium project on Heron Creek “Parcel K,” finding the homeowners association had legal standing to challenge the decision but ultimately rejecting the association’s appeal on every substantive count.

The board’s action followed nearly nine hours of formal presentations, direct and cross‑examination of planners and experts, and public comment from dozens of Heron Creek residents who said the development would overwhelm club facilities, add traffic on Sumter and Heron Creek boulevards and change a community they said was promised as low‑density residential. Appellant counsel argued staff misapplied the Unified Land Development Code and the Heron Creek development‑of‑regional‑impact (DRI) ordinances, with one contested point focusing on whether an assisted‑living facility in the DRI should have been counted as multifamily housing or as an office use for purposes of the DRI conversion matrix.

The board first resolved procedural questions. Vice‑Chair Matt Corte disclosed a conflict and recused himself from voting; the board set time limits for presentations and voted to allow extended applicant and staff presentation time. A motion to transfer the appeal from the zoning board to the Planning &…

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