Objective 2.10.4. - Locational Criteria and Development Standards.

Consistency of all commercial uses approved with required locational criteria and development standards.

Policy 2.10.4.1. Limit the location of all new commercial development to well-defined nodes, or compact groupings, to:

• Provide a reasonable compromise of predictable, yet flexible, commercial locations for all residents and business interests in Manatee County.

• Increase safety and maintain the vehicular capacity of public roads by discouraging linear "strip" commercial development and the multiple access points which are likely to accompany such linear commercial development.

• Facilitate compliance with the commercial project access criteria contained in Objective 2.10.3.

• Maximize the accessibility and viability of commercial development by using location and grouping to maximize the number of trips to the commercial site.

• Establish conveniently located commercial uses for residents of Manatee County.

Policy 2.10.4.2. Prohibit the consideration of any development order establishing the potential for commercial development in the residential future land use categories, where the proposed project site is inconsistent with commercial locational criteria. Consistency shall be determined through the application of the commercial location review process described in the operative provisions contained in this Element. Permitted exceptions to these requirements are limited to:

• Existing commercial uses that were legally established prior to the adoption of the Commercial Locational Criteria in May 15, 1989 shall be allowed to remain as originally approved. However, where such uses are nonconforming to other development regulations, nothing in this policy shall render those uses conforming to the subject regulations.

• Redevelopment, but not expansion or intensification, of a legally established commercial use which does not meet the commercial locational criteria, subject to the finding by the Board of County Commissioners that the proposed project is consistent with the general welfare of Manatee County residents.

• Locations designated as Retail/Office/Residential or Low Intensity Office (OL), Medium Intensity Office (OM) or Mixed Use (MU) or within the MU-C Mixed Use Community and its Sub Areas [see Policies 2.2.1.16.4(b) and 2.2.1.17.4(f)].

• Recreational vehicle parks. However, compliance with Policy 2.10.5.2 shall be required.

• Establishments providing nursing services as described in Ch. 464, F.S.

• Sale of agricultural produce at roadside stands.

• Agricultural service establishments (e.g. farm equipment sales and service).

• Low intensity commercial recreational facilities (e.g., driving range).

• Rural recreational facilities located in the Ag/R future land use category meeting adverse impact standards as established within the Manatee County Land Development Code.

• Appropriate water-dependent, water-related, and water-enhanced commercial uses, as described under Objective 4.2.1.

• Commercial uses located within Port Manatee.

• Commercial uses located within the rural community of Myakka City which is designated as those lands on Sheet 29 of the Future Land Use Map shown as Res-3 or Res-1 on May 15, 1989, provided that they are located along State Road 70 within one thousand six hundred forty (1,640) feet west from its intersection with Wauchula Road, and one thousand five hundred (1,500) feet east from its intersection with Wauchula Road and located within one thousand (1,000) feet along Wauchula Road from its intersection with State Road 70. Further, properties developed commercially, or having commercial zoning in place at the time of adoption of this Comprehensive Plan if they have frontage on State Road 70 and are within three-quarters (¾) mile of the State Road 70 and Wauchula Road intersection are also exceptions. Furthermore, all commercial uses allowable under this provision will be exempt from the one-half (½) mile spacing requirement denoted in Policy 2.10.4.3(4).

• Office uses which operate as an accessory use to a place of worship are permitted in RES-1 and RES-3 future land use categories and are exempt from compliance with any locational criteria specified under Policy 2.10.4.1 and detailed in the operative provisions (see also Policies 2.2.1.9, 2.2.1.10, 2.2.1.11, 2.2.1.12.4, 2.2.1.13.4, 2.2.1.14.4 and 2.2.1.15.2).

• Neo-traditional developments that have commercial and office developments located internal to the project and whose main project access is located on a road designated as a collector or higher.

• DRI's and Large Project developments that have mixed uses with a residential component and meet minimum development characteristics (see Neo-Traditional Development definition for development characteristics), have commercial uses located internal to neighborhoods and whose main neighborhood access is located on a road designated as a collector or higher.

• Commercial uses located within the Parrish area for properties fronting US 301, from Moccasin Wallow Road to the realigned Ft. Hamer Road. These commercial uses are limited to a building footprint of five thousand (5,000) square feet except at nodes.

No exception to commercial locational criteria provided for under this policy shall be used as a precedent for establishing other commercial development inconsistent with this Comprehensive Plan.

Nothing in this policy shall require the issuance of a development order solely on the basis of compliance with commercial locational criteria. Compliance with other commercial development standards contained in Policy 2.10.4.3 below, and with all other goals, objectives, and policies of this Comprehensive Plan is also required for issuance of a development order approving commercial uses. In particular, compliance with the policies of Objectives 2.6.1 and 2.6.2 is mandatory for approval of any commercial use within a residential designation.

Policy 2.10.4.3. Require that all proposed commercial uses meet, in addition to commercial locational criteria, the following commercial development standards. Office uses are exempt from this policy.

(1)

Any proposed commercial site must be sized and configured to provide for adequate setbacks, and buffers from any adjacent existing or future residential uses.

(2)

Any proposed commercial site must be configured and sized to allow for orientation of structures, site access points, parking areas, and loading areas on the site in a manner which minimizes any adverse impact on any adjacent residential use.

(3)

No proposed commercial site shall represent an intrusion into any residential area. As used in this standard, "intrusion" means located between two (2) residential uses or sites which are not separated by the right-of-way of any roadway functionally classified as collector or higher, unless the proposed commercial use meets the definition of "mixed-use" or "infill commercial development," demonstrated through evaluation of existing land use patterns in this vicinity of the proposed use, and pursuant to guidelines contained in commercial locational criteria found in the operative provisions of this Element. Permitted exceptions listed in Policy 2.10.4.2 shall not be required to meet this development standard. No such intrusion shall be found in neo-traditional developments approved as such by the County, as a mixture of uses are encouraged within those projects. No such intrusion shall be found in DRI and Large Project developments where commercial uses are internal to neighborhoods, approved as such by the County, as a mixture of uses are encouraged within those neighborhoods.

(4)

Activity nodes meeting the requirements specified in the operative provisions of this Element shall, additionally, be spaced at least one-half (½) mile apart, as measured between the centers of two (2) nodes. However, where two (2) activity nodes have been established by the development of commercial uses prior to plan adoption, and are spaced less than the minimum required one-half (½) mile, then a waiver of this commercial development standard may be considered. Preferentially, in instances where previous development has not established a pattern of land uses inconsistent with commercial locational criteria or development standards, nodes shall be spaced no less than one (1) mile apart. Neo-traditional projects shall be exempt from this requirement. DRI and Large Project developments that have mixed uses with a residential component that receive approval to locate commercial uses internal to neighborhoods shall be exempt from this requirement.

Policy 2.10.4.4. Permit compatible commercial uses in areas of Myakka City and Parrish which meet commercial locational criteria requirements as set forth in the operative provisions, or meet a permitted exception thereto as set forth in Policy 2.10.4.2, provided such general commercial uses front on at least one (1) roadway shown on the Roadway Functional Classification Map as collector or higher, and provided further that such compatible commercial uses shall be in compliance with Objective 2.6.1.

Implementation Mechanism(s):

(a)

Manatee County review of proposed site design and layout for commercial uses for compliance with this policy.

(b)

Review of level of service and generalized roadway functions for roadways from which access to a commercial project is proposed.

(c)

Placement of conditions, as necessary, on development orders when issued so as to ensure compliance with this policy.

(Ord. No. 16-23, § 6(Exh. D), 9-19-16; Ord. No. 18-04 , § 6(Exh. D), 8-23-18)