Objective 2.14.1. - Establish specific policies restricting the location and intensity of certain developments in order to preserve and protect neighborhoods from encroachment by incompatible uses and intensities, ensure adequate provision of infrastructure, and other reasons the Board of County Commissioners may decide warrant a specific area policy.
Policy 2.14.1.1. D.5.1/Ordinance No. 08-06(PA-08-06). The 19.3± acre property located northwest of the intersection of U.S. 301and Buckeye Road and designated Retail/Office/ Residential (ROR) on the future Land Use Map pursuant to Manatee County Ordinance No. 08-06 and Comprehensive Plan Amendment No. PA-08-06 shall be limited to any combination of permitted uses which collectively generate cumulative transportation impacts on the Major Thoroughfare System no greater than those generated by a project comprised of one hundred sixty thousand (160,000) square feet of commercial retail uses. The foregoing notwithstanding, for the first five (5) years after adoption of Manatee County Ordinance No. 08-06 and Comprehensive Plan Amendment No. PA-08-06, said property shall be further limited to any combination of permitted uses which collectively generate cumulative transportation impacts on the Major thoroughfare system no greater than those generated by a project comprised of the maximum development identified by the Urban Fringe-3 (UF-3) Future Land Use Map category (the previous Future Land Use Map category
Policy 2.14.1.2. D.5.2/Ordinance No. 08-07(PA-08-05). The 740± acre property which includes:
(a)
732± acres which have been designated Mixed Use (MU) on the Future Land Use Map pursuant to Manatee County Ordinance No. 08-07 and Comprehensive Plan Amendment No. PA-08-05; and
(b)
8± acres located between U.S. 301 and the Seaboard Airline Railroad Right-of-way which have been designated Public/Semi-Public (P/SP-1) on the Future Land Use Map shall be subject to the following:
(1)
Trip Limitations. The project shall be limited to any combination of permitted uses which collectively generate cumulative transportation impacts on the Major Thoroughfare System no greater than those generated by a project comprised of three thousand two hundred (3,200) residential dwelling units (of varied types) nine hundred thousand (900,000) square feet of commercial retail uses, three hundred seventy-five thousand (375,000) square feet of office uses, and three hundred thousand (300,000) square feet of light industrial and warehouse uses.
(2)
Land Use Requirements.
a.
The light industrial and warehouse uses component of the project shall not be less than three hundred thousand (300,000) square feet.
b.
The residential use component of the project shall be limited to two thousand three hundred (2,300) residential dwelling units until twenty-five (25) percent of the nonresidential use component has commenced.
c.
The residential use component of the project shall not exceed three thousand two hundred (3,200) residential dwelling units.
(3)
Five-Year Trip Cap. The foregoing subparagraphs a. and b. notwithstanding, until December 31, 2013, said property shall be further limited to any combination of permitted uses which collectively generate cumulative transportation impacts on the Major Thoroughfare System no greater than those generated by a project comprised of the maximum development identified by the Urban Fringe-3 (UF-3) Future Land Use Map category (the previous Future Land Use Map category for the property) (a total of one thousand seven hundred thirty-one (1,731) p.m. peak hour trips).
(4)
Land Use Form.
a.
The project shall consist of mixed use and neo-traditional development as such terms are defined in this Comprehensive Plan.
b.
Phasing and mixing of land uses to achieve the above shall be addressed with project approval.
Policy 2.14.1.3. D.5.3/Ordinance No. 09-06 (PA-09-04). The 208.15± acre property located on the west side of County Route (CR) 39 at the Manatee-Hillsborough Countyline and designated as P/SP(1) Public/Semi-Public (1) on the Future Land Use Map, pursuant to Manatee County Ordinance No. 09-06 and Comprehensive Plan Amendment No. PA-09-04, shall be limited to the declared use of a Class III, geosynthetically-lined landfill and recycling facility with accessory uses such as office, scale house, and equipment storage. This landfill shall accommodate only yard waste, construction and demolition debris, processed tires, asbestos, carpet, cardboard, paper, glass, plastic, furniture other than appliances, or other materials approved by the Florida Department of Environmental Protection that are not expected to produce leachate which poses a threat to public health or the environment. No putrescibles or household garbage shall be delivered to or deposited in the landfill at this site. This property shall be subject to the following:
(1)
Landfill Liner System Requirements. The landfill shall include a liner system that is consistent with applicable Florida Department of Environmental Protection rules in Ch. 62-701, F.A.C., as may be amended by the agency from time to time.
(2)
Hydrology. The hydrology of downstream surface waters shall be maintained by matching pre-development discharge flows.
(3)
Surface Water and Groundwater Monitoring. The landfill operator shall establish a surface and groundwater quality monitoring program performed in accordance with applicable Florida Department of Environmental protection rules in Ch. 62-701, F.A.C., as may be amended by the agency from time to time.
(4)
Stormwater Management. The landfill operator shall design and construct all necessary stormwater management facilities in compliance with applicable Florida Department of Environmental Protection and SWFWMD rules in Chapters 62-701 and 40D-4, F.A.C., respectively, as may be amended by the agency from time to time to include consideration of water quality, habitat function, receiving waters, adjacent property(s), conservation of fish and wildlife, and wetlands.
(5)
Dust, Wind Blown Debris, Odor, and Bird Controls. The landfill operator shall design, construct, operate, and maintain all dust, wind-blown debris, odor, and bird controls required and in compliance with applicable Florida Department of Environmental Protection rules in Ch. 62-701, F.A.C., as may be amended by the agency from time to time.
(6)
Buffers, Setbacks, and Siting. The landfill operator shall design, construct, and maintain all required and established buffers, setbacks, and landfill siting requirement in compliance with applicable Florida Department of Environmental Protection rules in Ch. 62-701. F.A.C., as may be amended by the agency from time to time.
(7)
Notwithstanding, the specificity of the foregoing, the above specific property development conditions shall be considered as minimal requirements and there may be additional stipulations approved applicable to this property as part of rezoning to the Planned Development Public Interest (PDPI) Zone District and companion Preliminary Site Plan subject to the approval of the Board of County Commissioners.
Policy 2.14.1.4. D.5.4/Ordinance No. 09-31(PA-09-08). The property located on the west side of US 41 at 11551 and 11805 S 41 North and designated as P/SP(1) Public/Semi-Public (1) on the Future Land Use Map, pursuant to Manatee County Ordinance No. 09-31 and Comprehensive Plan Amendment No. PA09-08, shall be limited to an electricity generating facility using only biomass fuels, and solar energy retaining the light industrial uses as provided for in the former IL Industrial-Light Future Land Use Category applicable to this site. The electric power generating facility shall not be fired by coal or petroleum products. This property, if developed as an electric power generating facility using biomass fuels and solar energy, shall be subject to the following:
(1)
Storm water management. All necessary storm water management facilities shall be designed and constructed in compliance with all State, Water Management District, and County laws, codes, and standards and requirements.
(2)
Hydrology. The hydrology of downstream surface waters shall be maintained by matching predevelopment discharge flows.
(3)
Flooding. All new development within the limits of the 100year floodplain and all areas seaward of the five (5) foot mean seal level topographic contour shall meet the requirements and standards of the Comprehensive Plan and Land Development Code. Special consideration and design shall be given to flood proofing required for hurricane storm water surges that may impact this site.
(4)
Wetlands. Wetlands shall be preserved and protected to enhance their functions of water quality improvement, water as a renewable resource, recreational value, and beneficial use to man, birds, and animals. Performance of this stipulation shall be in compliance with all applicable State and County laws, codes, standards and requirements.
(5)
Habitat and Wildlife Protection. An appropriate amount of land and water shall be set aside to protect habitat and provide habitat for both plant and animal species. Such land or water may include wetlands and required buffers and storm water management facilities. Performance of this stipulation shall in accordance with all applicable State and County laws, codes, standards and requirements.
(6)
Air Quality. All necessary air quality controls for dust, wind-blown debris, and odors shall be designed, constructed, and operated in compliance with all State and County laws, codes, and standards and requirements.
(7)
Buffers, Landscaping, and Screening. Adequate buffers, landscaping, and screening shall be required to protect enhance the community environmental, economic, and aesthetic quality.
(8)
Solid Waste. Temporary on-site storage, including separate storage of all hazardous wastes in suitable containers, shall be provided and arrangements shall be made for licensed haulers to transport all wastes generated to appropriate process or disposal sites.
(9)
Adverse Impact Performance. The electric power generating facility shall be conducted in a manner that complies fully with all applicable State and County laws, codes, standards and requirements.
(10)
Notwithstanding, the specificity of the foregoing, the above specific property development conditions shall be considered as a minimal requirements and there may be additional stipulations approved applicable to this property as part of the rezoning to Planned Development District and approval of the general development plan, preliminary site plan and final site plan, as applicable.
Policy 2.14.1.5. D.5.5/Ordinance No. 09-12 (PA-09-05). The 558+ acre property identified as the Northwest Quadrant and designated MU-C on the Future Land Use Map pursuant to Manatee County Ordinance No. 09-12 shall be limited to the following maximum development totals:
• Five hundred fifty-nine thousand five hundred and four (559,504) s.f. of Retail*
• Five hundred twenty-seven thousand and four (527,004) s.f. of Office*
• Four hundred eight (408) Single Family Detached Residential Units**
• One hundred ninty-two (192) Single Family attached Residential Units**
• Four hundred eighty-four (484) Multi-Family Units**
* Retail or office square footage may be exchanged for industrial square footage provided that the infrastructure impacts are not increased from those which would be generated by the above maximum numbers.
**Residential unit types may be exchanged up to a maximum of twenty (20) percent for each unit type.
Land Use Form.
(1)
The project shall consist of mixed use and neo-traditional development as such terms are defined in this Comprehensive Plan.
(2)
Phasing and mixing of land uses to achieve the above shall be addressed with project approval.
Policy 2.14.1.6. D.5.6/Ordinance No. 09-12 (PA-09-06). The 6,595+ acre property identified as the Northeast Quadrant and designated MU-C on the Future Land Use Map Pursuant to Manatee County Ordinance No. 09-12 shall be limited to the following maximum development totals:
• Two million eight hundred sixty-five thousand five hundred and eighty-four (2,865,584) s.f. of Retail.
• Two million two hundred eighty thousand five hundred and eighty-four (2,280,584) s.f. of Office.
• Five million five hundred fifty-nine thousand four hundred and fifty-four (5,559,454) s.f. of Industrial.
• Five thousand two hundred three (5,203) Single Family Detached Residential Units.**
• Two thousand five hundred and forty-one (2,541) Single Family Attached Residential Units.**
• Three thousand two hundred and twenty-eight (3,228) Multi-Family Units.**
Land Use Form.
(1)
The project shall consist of mixed use and neo-traditional development as such terms are defined in this Comprehensive Plan.
(2)
Phasing and mixing of land uses to achieve the above shall be addressed with project approval.
**Residential unit types may be exchanged provided there is no increase in external vehicle trips.
Policy 2.14.1.7. D.5.7/Ordinance No. 10-01 (PA-10-01). The 1,420± acre property identified as the Crossroads at SW Manatee and designated MU-C on the Future Land Use Map pursuant to Manatee County Ordinance No. PA-10-01 shall be limited to the following maximum development totals:
• Eight thousand six hundred (8,600) Residential Units.
• Three million eight hundred thirty-nine thousand eight hundred forteen (3,839,814) square feet.
Nonresidential Land Use Form.
(1)
The project shall consist of mixed use and neo-traditional development as such terms are defined in this Comprehensive Plan.
(2)
Phasing and mixing of land uses to achieve the above shall be addressed with project approval.
(3)
Notwithstanding the maximum residential density contained in Policy 2.2.1.28.2 of this Plan, a maximum of thirty-six (36) residential dwelling units per gross acre (maximum forty (40) residential dwelling units per net acre) may be allowed in the AC-1 subarea of the site, subject to Board approval. This density may be reduced at the discretion of the Board of County Commissioners due to site constraints, compatibility with surrounding uses and other factors. In no case shall the total number of residential units exceed the density limitation of eight thousand six hundred (8,600) dwelling units for this property.
Policy 2.14.1.8. D.5.8/Ordinance No. 10-19 (Stank PA-10-19). The 67.37± acre property identified as the Stank Plan Amendment and designated MU on the Future Land Use Map pursuant to Manatee County Ordinance 10-19 shall be limited to any combination of permitted uses which collectively generate cumulative transportation impacts on the Major Thoroughfare System no greater than one thousand sixty four (1,064) net external pm peak hour trips for the five-year period following adoption of the amendment.
Policy 2.14.1.9. D.5.9/Ordinance No. 10-11 (Parrish Lakes PA-10-11).
(1)
The 1,155 ± acre property which includes:
(a)
1,132 ± acres which have been designated Mixed Use (MU) on the Future Land Use Map pursuant to Manatee County Ordinance No. 10-11 and Comprehensive Plan Amendment No. PA-10-11, and
(b)
23 ± acres of a Florida Power and Light easement that runs north-south between Moccasin Wallow Road and Erie Road that have been designated Public/Semi-Public (P/SP-1) on the Future Land Use Map;
Shall be subject to the following:
(1)
Land Use.
(a)
Nonresidential (office and commercial) uses shall be limited to a maximum of seven hundred fifty thousand (750,000) square feet and residential to a maximum of three thousand four hundred sixty-five (3,465) units.
(b)
In no event shall the mix of uses generate impacts for transportation, solid waste disposal, potable water and sanitary sewer, mass transit, drainage, and parks and recreation above and beyond those impacts generated by three thousand three hundred (3,300) residential units and five hundred fifty thousand (550,000) square feet of nonresidential square footage.
(c)
The project shall consist of a mix of at least two (2) uses (residential, commercial, office) and may include neo-traditional development as such terms are defined in this Comprehensive Plan. One of the uses must be residential.
(d)
Phasing and mixing of land uses to achieve the above shall be addressed with project approval.
(2)
Maximum Development Potential for First Five (5) Years. The foregoing paragraph (1, Land Use) notwithstanding, until December 31, 2015 said property shall be further limited to two hundred fifty thousand (250,000) square feet of commercial and nine hundred (900) single-family units and six hundred (600) multi-family residential units in order to maintain an acceptable level of service on the existing roadway network.
Policy 2.14.1.10. D.5.10/Ordinance No. 10-09 (U.S. Funding Group, LLC PA-10-09). The property located west of the CSX railroad right-of-way and designated as "IL" in Manatee County Ordinance No. 89-01 and Plan Amendment PA-10-09, shall be subject to the following conditions:
(1)
Due to the property's location within the Coastal High Hazard Area and within five hundred (500) feet of the Terra Ceia Aquatic Preserve, the following restrictions on uses otherwise permitted under the IL category shall apply:
(a)
The property shall be subject to Policy 4.3.1.4 restrictions on hazard wastes and shall not be exempt based on its close proximity to Port Manatee.
(b)
Vehicle or equipment repair shops shall be prohibited.
(c)
Privately operated airports or heliports shall be prohibited.
(d)
Except as may be necessary to accommodate stormwater outfalls, or as part of an approved wetland or wetland buffer restoration plan, and excepting an area as may be required to provide needed access to the southern portion of the property and as is otherwise consistent with the Comprehensive Plan, there shall be no dredging or filling:
i.
Within any areas comprising the Terra Ceia Aquatic Preserve;
ii.
Within coastal wetlands or wetland areas adjacent to the Terra Ceia Aquatic Preserve; or
iii.
Within fifty (50) feet of any areas comprising the Terra Ceia Aquatic Preserve, coastal wetlands, or wetland areas adjacent to the Terra Ceia Aquatic Preserve.
(e)
No public infrastructure shall be located within the property.
(2)
Areas consisting of jurisdictional wetlands shall not be counted toward the developable Floor Area Ratio.
(3)
The development on the overall site shall not exceed one million eighty thousand (1,080,000) square feet.
(4)
Upon the effective date of this Plan Amendment, the current approved site plans for residential development shall no longer be valid.
(5)
The property shall be eligible to be rezoned to the PDEZ or PD-I zoning district consistent with the IL designation and the restrictions herein notwithstanding, the specificity of the foregoing, the above specific property development conditions shall be considered as minimal requirements and there may be additional stipulations approved applicable to this property as part of the rezoning to a Planned Development Zone District and approval of a General Development Plan, Preliminary Site Plan, and Final Site Plan, as applicable.
Policy 2.14.1.11. D.5.11/Ordinance No. 10-12 (FP& L - PA-10-12). The 2,532± acre property located on the north side of S.R. 62, approximately one (1) mile east of US 301, west of the existing FP&L power plant and approximately one-half (½) mile south of the Hillsborough County line, at 19050 S.R. 62, Parrish and designated as P/SP(1) Public/Semi-Public (1) on the Future Land Use Map, pursuant to Manatee County Ordinance No. 10-12 and Comprehensive Plan Amendment No. PA-10-12 shall be for the commercial production of electric current generated by various renewable energy technologies including but not limited to solar energy which is generated for the purpose of the distribution to off-site users. The electric power generating facility fuel source shall not be coal or petroleum based products.
Policy 2.14.1.12. D.5.12/Ordinance No. 10-04 (Beverly Financial PA-10-04)
(1)
The 317± acre property identified as Beverly Financial and designated MU on the Future Land Use Map pursuant to Manatee County Ordinance No. 10-04 shall require the following:
(a)
Land Use Requirements.
1.
Development totals shall be limited to a maximum of:
i.
Eight thousand thirty-six thousand three hundred fifty-two (836,352) square feet of commercial/office/retail.
ii.
One million five hundred thousand (1,500,000) square feet of industrial.
iii.
Nine hundred forty-five (945) residential dwelling units.
(b)
Maximum Development Potential for First Five (5) Years. The foregoing paragraph (a) notwithstanding, until October 5, 2015 said property shall be further limited to thirty thousand (30,000) square feet of commercial and three hundred thirty (330) residential units in order to maintain an acceptable level of service on the existing roadway network.
(c)
Land Use Form.
1.
The project shall consist of mixed use and neo-traditional development as such terms are defined in this Comprehensive Plan.
2.
Phasing and mixing of land uses to achieve the above shall be addressed with project approval.
Policy 2.14.1.13. Reserved.
Policy 2.14.1.14. D.5.14/Ordinance No. 10-43 (North County Transportation Maintenance PA-10-26). The property located on Erie Road 1,200± feet northeast of intersection of Martha Road and Erie Road and designated as P/SP (1) Public/Semi-Public (1) on the words on the Future Land Use Map pursuant to Manatee County Ordinance No. 10-43 and Comprehensive Plan Amendment PA-10-26 shall be limited to a County-owned highway and roadway maintenance facility, a parks and recreation maintenance site and a well site operated by the Southwest Florida Water Management District (SWFWMD).
Policy 2.14.1.15. D.5.16/Ordinance No. 13-10 (Robinson Farms Plan Amendment). The 20± acre property identified as the Robinson Farms Plan Amendment and designated RES-3 on the Future Land Use Map pursuant to Manatee County Ordinance No. 13-10 shall be limited to a maximum of thirty-eight (38) residential units.
(Ord. No. 13-08, § 4, 12-5-13; Ord. No. 16-23, § 6(Exh. D), 9-19-16; Ord. No. 17-34 , § 3, 11-2-17; Ord. No. 18-06 , § 4, 1-11-18; Ord. No. 18-04 , § 6(Exh. D), 8-23-18)
(Ord. No. 16-07, § 3(Exh. A), 9-19-16)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 17-17 , § 3(Exh. A), 6-1-17)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16; Ord. No. 18-39 , § 3(Exh. A), 12-18-18)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 17-03 , § 3(Exh. A), 3-2-17)
(Ord. No. 17-01 , § 3(Exh. B), 6-1-17)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 17-14 , § 3, 5-9-17; Ord. No. 18-11 , § 3(Exh. A), 6-7-18)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(Ord. No. 16-23, § 6(Exh. D), 9-19-16)
(16-07, § 3(Exh. A), 9-19-16)
(Ord. No. 18-04 , § 3(Exh. A), 8-23-18)