Objective 2.2.2. - Future Land Use Overlay Districts.

Establish and define a suitable number of overlay districts for use on the Future Land Use Map to establish targeted geographic areas, within which the application of highly specialized policies can be implemented.

Policy 2.2.2.1. Establish and define the following overlay districts described and defined in Policies 2.2.2.2 through 2.2.2.8 and comprising the second part of the future land use classification system which shall be utilized to prepare or amend the Future Land Use Map required by § 163.3177(6)(a), F.S. No land shall be designated on the Future Land Use Map using any overlay district other than those listed in the summary table contained in Policy 2.2.1.1 above. Areas designated under the Overlay Districts on the Future Land Use Map shall also be subject to all goals, objectives, and policies for any future land use category underlying the Overlay District. However, in the case of a conflict, the Overlay policies shall apply.

Policy 2.2.2.2. WO: Establish the Watershed Overlay District as follows:

Policy 2.2.2.2.1. Definition: The geographic area encompassing the land and water surfaces which by virtue of natural topography, contributes surface water flow to the Lake Manatee Reservoir, the Evers Reservoir, or the Peace River.

Policy 2.2.2.2.2. Purpose: To maintain and improve the natural and man-made environment and resources in a manner protective of the water supply functions of the Lake Manatee, Evers Reservoir, and Peace River watersheds, which contribute to these preferred potable water sources, so as to maintain water quality and quantity within Lake Manatee, Evers Reservoir, Peace River and all inflowing watercourses.

Policy 2.2.2.2.3. Applicable Goals, Objectives, and Policies: Goals, objectives, and policies pertaining to the WO Overlay District are contained under Objective 2.3.4 of the Future Land Use Element, Objective 9.5.2 and Policy 9.4.1.4 of the Public Facilities Element, Goal 3.2 of the Conservation Element, Objective 5.3.2 of the Traffic Sub-Element, of this Comprehensive Plan. Compliance with all goals, objectives, and policies listed in this subsection, and with other applicable goals, objectives, and policies, and development regulations is required for all activity within the Watershed Overlay District.

Policy 2.2.2.2.4. Effect of Mapping:

(a)

All projects which are partially or fully within the Watershed Overlay District (WO) shall be subject to the WO policies in addition to the goals, objectives and policies applicable to the underlying future land use category of the site. The extent and coverage of the designated Watershed Overlay area is shown in greater detail on the official zoning atlas of Manatee County, but is subject to adjustment pursuant to (c) below.

(b)

See also policies listed under Policy 2.2.2.2.3 above.

(c)

Manatee County will accept, and review on a case-by-case basis, submittal of appropriate hydrological studies by any owner or authorized representative of property shown on the official zoning atlas as being within the Watershed Overlay where the owner or agent thereof is seeking to demonstrate that property is not located within the Lake Manatee Watershed, the Evers Reservoir, or the Peace River Watershed. Where the review concludes that the subject property, or part thereof, is located outside the Watershed Overlay, adjustments to the zoning atlas should be processed pursuant to an administrative procedure established within any land development regulations developed pursuant to § 163.3202, F.S.

Policy: 2.2.2.2.5. Development Restriction/Conditions:

(a)

Prohibit the location of any general or commercial aviation facility within the Watershed Overlay District, except where a finding of overriding public interest has been reached by the Board for location of such a facility within the districts.

(b)

Prohibit the location of new confined feedlot operations for livestock within the Watershed Overlay District.

(c)

Prohibit all new mineral resource extraction and associated processing activities, within the Watershed Overlay District unless such uses are specifically approved in conjunction with the Master Mining and Reclamation Plan or specifically approved in conjunction with a major earthmoving site plan to demonstrate that such activities shall not cause a degradation of water quality and shall not cause adverse impact on water quality within the watersheds.

(d)

Prohibit new nonresidential/nonagricultural development in the Watershed Overlay District if it requires an operating permit for industrial waste treatment, as referenced in Chapter 62-4, F.A.C., unless it can be established, through the special permit approval process or Planned Development, that such developments will not cause a degradation of the water quality of the watersheds of Lake Manatee, Evers Reservoir, or Peace River, as appropriate, and will not cause any adverse impact on water quantity within these districts.

(e)

Prohibit the location of new sanitary landfills and wastewater treatment plants (interim or permanent) within the Watershed Overlay District unless such uses are permitted pursuant to a finding by the Board of overriding public interest.

(f)

Require that the preservation of indigenous vegetation within the Watershed Overlay District be accomplished through careful site planning and the use of native, naturalized or drought-hardy species for new or replacement plantings (see also Policy 2.9.4.6).

(g)

Require minimum percentages of upland area on projects within the Watershed Overlay District be maintained, during the course of development, as undisturbed or landscaped areas. These minimum percentages shall exceed those required outside the Overlay District (see also Policies 3.3.2.1 and 2.9.4.6).

Implementation Mechanism(s):

(a)

County review of all development proposed consistent with this policy.

(b)

Maintain development regulations appropriate for implementation of watershed protection within the Lake Manatee, Evers Reservoir, and Peace River watershed areas.

Policy 2.2.2.4. CEA: Establish the Coastal Evacuation Area Overlay District as follows:

Policy 2.2.2.4. CEA: Establish the Coastal Evacuation Area Overlay District as follows:

Policy 2.2.2.4.1. The purpose of the CEA Overlay District policies is to minimize the effect of development on the evacuation of population from Zone A during a Category 1 hurricane, which is the first area subject to evacuation in an event of potential high storm surge.

Policy 2.2.2.4.2. The County shall adopt rules and regulations to:

(a)

Limit population in the CEA Overlay District.

(b)

Limit the amount of infrastructure, both private and public, within the CEA Overlay District and thereby limit magnitude of public loss and involvement in mitigating for loss of private infrastructure to Manatee County residents.

(c)

Increase, through exercise of the police power, the degree of protection to public and private property, and to protect the lives of residents within the CEA, and reduce the risk of exposing lives or property to storm damage.

(d)

Accomplish shoreline stabilization along coastal areas by limiting development activity which may adversely impact shoreline stability.

(e)

Protect coastal water quality by reducing impervious surface along coastal areas, thereby reducing the risk of incomplete treatment of stormwater runoff before discharge into coastal waters.

(f)

Encourage, establish, and maintain vegetative and spatial buffer zones, in order to maintain the capacity of natural vegetative communities in mitigating the negative effects of storm surge and tidal velocity, and the erosive effect of wave action.

Policy 2.2.2.4.3. Applicable Goals, Objectives, and Policies: Goals, objectives, and policies pertaining to the CEA Overlay District are contained under Objectives 4.3.1, 4.3.2, 4.4.2 and 4.4.3 of the Coastal Management Element.

Compliance with all goals, objectives, and policies listed in this subsection, and with other applicable goals, objectives, policies, and development regulations is required for all activity within the CEA Overlay District.

Policy 2.2.2.4.4. Effect of Mapping:

(a)

The area designated under the CEA Overlay District on the Future Land Use Map shall also be subject to all goals, objectives and policies for any future land use category overlaid by the CEA District, except where policies associated with the CEA Overlay conflict with such goals, objectives and policies. In this event, policies associated with the CEA Overlay shall override other goals, objectives and policies.

Policy 2.2.2.4.5. Development Restrictions:

(a)

Prohibit any amendment to the Future Land Use Map which would result in an increase in allowable residential density on sites within the Coastal Evacuation Area.

(b)

Limit the location of acute care medical facilities within the CEA overlay.

Policy 2.2.2.5. CHHA: Establish the Coastal High Hazard Area Overlay District as follows:

Policy 2.2.2.5.1. The purpose of the CHHA Overlay District policies is to direct population concentration away from known or predicted coastal high hazard areas and to limit public expenditures that subsidize development within these areas. The CHHA is the geographic area below the Category 1 storm surge line as established by a Sea, Lake, and Overland Surges form Hurricanes (SLOSH) computerized storm surge model, pursuant to applicable law, as updated on a periodic basis.

Policy 2.2.2.5.2. The County shall adopt rules and regulations to:

(a)

Limit population in the Coastal High Hazard Area Overlay District.

(b)

Limit the amount of infrastructure, both private and public, within the CHHA Overlay District and thereby limit magnitude of public loss and involvement in mitigating for loss of private infrastructure to Manatee County residents.

(c)

Increase, through exercise of the police power, the degree of protection to public and private property, and to protect the lives of residents within the CHHA, and reduce the risk of exposing lives or property to storm damage.

(d)

Accomplish shoreline stabilization along coastal areas by limiting development activity which may adversely impact shoreline stability.

(e)

Protect coastal water quality by reducing impervious surface along coastal areas, thereby reducing the risk of incomplete treatment of stormwater runoff before discharge into coastal waters.

(f)

Encourage, establish, and maintain vegetative and spatial buffer zones, in order to maintain the capacity of natural vegetative communities in mitigating the negative effects of storm surge and tidal velocity, and the erosive effect of wave action.

Policy 2.2.2.5.3. Applicable Goals, Objectives, and Policies: Goals, objectives, and policies pertaining to the CHHA Overlay District are contained under Objectives 4.3.1, 4.3.2, 4.4.2 and 4.4.3 of the Coastal Management Element. Compliance with all goals, objectives, and policies listed in these subsections, and with other applicable goals, objectives, policies, and development regulations is required for all activity within the CHHA Overlay District.

Policy 2.2.2.5.4. Effect of Mapping:

(a)

The area designated under the CHHA Overlay District on the Future Land Use Map shall also be subject to all goals, objectives and policies for any future land use category overlaid by the CHHA District, except where policies associated with the CHHA Overlay conflict with such goals, objectives and policies. In this event, policies associated with the CHHA Overlay shall override other goals, objectives and policies. The extent and coverage of the area designated as CHHA is an approximation, and is subject to a more precise determination on any project within, or proximate to, that area shown on the Future land Use Map as CHHA. At the time of review of any such project for issuance of any development order establishing total or partial development potential, evaluation of a pre-development topographic survey of the site shall be utilized to determine the extent of the CHHA District Overlay.

Policy 2.2.2.5.5. Development Restrictions/Conditions:

(a)

Prohibit any amendment to the Future Land Use Map which would result in an increase in allowable residential density on sites within the Coastal High Hazard Area Overlay District.

(b)

Limit the location of acute care medical facilities within the CHHA overlay.

Policy 2.2.2.6. HR: Establish the Historic Resources Overlay District as follows:

Policy 2.2.2.6.1. Definition: The historic sites and neighborhoods established by Manatee County as priority areas for the protection of historic resources.

Policy 2.2.2.6.2. Purpose:

(a)

To recognize the approximate geographic boundaries of significant historical and archaeological areas and sites.

(b)

Specific protection mechanism for historical and archaeological resources are located on this Historic and Cultural Element of this Comprehensive Plan.

Policy 2.2.2.6.3. Applicable Goals, Objectives, and Policies: Goals, objectives, and policies pertaining to the HR Overlay District are contained in the Historical and Cultural Element of this Comprehensive Plan. Compliance with all goals, objectives, and policies, and development regulations is required for all activity within the HR Overlay.

Policy 2.2.2.6.4. Effect of Mapping:

(a)

The areas designated under the HR Overlay District on the Future Land Use Map shall also be subject to all goals, objectives, and policies for any future land use category overlaid by the HR District.

(b)

Recognize existing and new significant historic districts or sites as designated by Manatee County.

(c)

See also goals, objectives and policies contained in the Historical and Cultural Element.

Policy 2.2.2.7. AI: Establish the Airport Impact Overlay District as follows:

Policy 2.2.2.7.1. Definition: The geographic area subject to current or future projected noise exposure from any aviation facility of sixty-five (65) Ldn or greater. This area is defined as the area contained within the sixty-five (65) Ldn noise contour, as shown on the official noise exposure maps (NEM) for the aviation facility (Map contained in the Aviation Sub-Element of the Transportation Element) and Map 5-A SRQ 1998 Noise Exposure Map.

Editor's note— The Airport Impact Overlay District Map does not have a formal map designation/identifier; one will be assigned as part of this amendment process.

Policy 2.2.2.7.2. Purpose:

(a)

To define geographic areas which will be subject to special review or regulation pursuant to the applicable Policies adopted as part of Objectives 5.13.1, 5.13.2, and 5.13.3.

Policy 2.2.2.7.3. Applicable Goals, Objectives, and Policies: Goals, objectives and policies pertaining to AI Overlay District are contained under Objectives 5.12.1, 5.13.1, 5.13.2, 5.13.3, and 5.13.4 of the Aviation Sub-element, and Policy 2.9.2.1 of the Future Land Use Element.

Policy 2.2.2.7.4. Effect of Mapping:

(a)

Any project which is at least partially within the AI Overlay District shall be subject to the applicable requirements listed under Policies 2.2.2.7.2 and 2.2.2.7.3 above and the applicable standards of the Land Development Code, Chapter 4.

(b)

The area designated under the AI Overlay District on the Future Land Use Map and Map 5-A SRQ 1998 Noise Exposure Map shall also be subject to all goals, objectives and policies for any future land use category under the AI Overlay.

[ Policy 2.2.2.8. Reserved.]

Policy 2.2.2.9. FIG: Establish the Florida International Gateway Overlay District as follows:

Policy 2.2.2.9.1. Definition: A specific geographic area designated on the Future Land Use Map for the purpose of encouraging growth consistent with the long term needs of Port Manatee and the economic health of Manatee County (see also Objective 2.1.4).

Policy 2.2.2.9.2. Purpose:

(a)

To define a specific geographic area where a range of light industrial, mixed use, other employment-oriented uses, may be considered in addition to those permitted in the underlying Future land Use Designation when compatible with surrounding areas, and where infrastructure is planned to be built concurrent with the development to support that growth.

(b)

To provide for compatibility between light industrial, nonresidential, and residential uses providing a high quality built and natural environment for living, working, or visiting.

(c)

To promote transportation choices, intermodal connections, internal trip capture, and freight mobility.

Policy 2.2.2.9.3. Applicable Goals, Objectives, and Policies: Goals, objectives, and policies pertaining to the FIG Overlay District are contained under Objectives 2.1.4, 2.11.1, 2.11.2, 2.12.1 of the Future Land Use Element. Consistency with other goals, objectives, and policies of this Manatee County Comprehensive Plan, and land development regulations prepared pursuant to § 163.3202, F.S., is required for all activity within the FIG Overlay District.

Policy 2.2.2.9.4. Effect of Mapping:

(a)

The area designated under the FIG Overlay District on the Future Land Use Map may be developed pursuant to the goals, objectives, and policies of the future land use category underlying the FIG Overlay or pursuant to the goals, objectives, and policies of the FIG Overlay.

(b)

In addition to the range of uses, density and intensity provided for in the underlying Future Land use Category, land within the FIG Overlay may also be considered for the range of uses and intensity provided for under the IL future land use category upon a determination that:

(1)

Compatibility between residential and nonresidential uses has been established, and

(2)

Provisions have been made for all required public facilities.

Development located within the FIG utilizing the provisions of Policy 2.2.2.9(1)—(4) shall rezone to Planned Development.

(Ord. No. 16-23, § 6(Exh. D), 9-19-16; Ord. No. 17-03 , § 5(Exh. C), 3-2-17; Ord. No. 18-04 , § 6(Exh. D), 8-23-18)