LAND USE OPERATIVE PROVISIONS -
A.
Commercial Locational Criteria (See Objective 2.10.4). Proposed commercial projects, in addition to meeting limitations on types of permitted uses and requirements limiting gross building area (see policy 2.10.2.1), and having to meet access requirements described under Objective 2.10.3, shall also meet the following criteria to ensure compliance with Policies 2.10.4.1 and 2.10.4.2 requiring "nodal" commercial development. Nothing in this Section shall be interpreted to exempt any commercial use from compliance with all other goals, objectives, and policies, and from compliance with other applicable development regulations.
(1)
Small Commercial Projects . Any such projects, or small commercial components of larger projects, shall be located within a commercial node at the intersection of at least two (2) roadways functionally classified, at the time of issuance of a Certificate of Level of Service Compliance for the project, as collector or higher. In defining a node, the point of intersection of rights-of-way (as used below) may be determined by Manatee County to be based on a relocated or widened functionally classified roadway where such relocation or widening has not yet been effected, but where preliminary design has established the location of future right-of-way related to the relocation/widening. The adopted Roadway Functional Classification Map shall be used to determine the functional classification of roadways. The commercial node shall be defined, when completely located within either the Ag/R, IL, or IH categories on the Future Land Use Map, as generally extending a maximum of eight hundred (800) feet along the frontage of the functionally-classified roadways which define the commercial node. The eight hundred (800) feet of frontage shall be measured from the point of intersection of the rights-of-way of the intersecting functionally-classified roadways, and is measured along property lines adjacent to the roadway rights-of-way.
Refer to subsection (4) below for clarification on how a node is defined, and refer to subsection (5) for permitted exceptions to the 800-foot limit on extent of the node.
(2)
Medium Commercial Projects. Any such projects, or medium commercial components of larger projects, shall be located within a commercial node at the intersection of at least two (2) roadways functionally-classified, at time of issuance of a Certificate of Level of Service Compliance for the project, as collector or higher. The adopted Roadway Functional Classification Map shall be used to determine the functional classification of roadways. The commercial node shall be defined, when partially or completely located within the Res-1, Res-3, UF-3, Res-6, Res-9, Res-12 and Res-16 categories on the Future Land Use Map, as generally extending a maximum of one thousand five hundred (1,500) feet along the frontage of the functionally-classified roadways which define the commercial node. The one thousand five hundred (1,500) feet of frontage shall be measured from the point of intersection of the rights-of-way of the intersecting functionally-classified roadways, and is measured along property lines adjacent to the roadway rights-of-way.
Refer to subsection (4) below for clarification on how a node is defined, and refer to subsection (5) for permitted exceptions to the 1,500-foot limit on extent of the node.
(3)
Large Commercial Projects. Any large commercial projects (i.e. exceeding one hundred fifty thousand (150,000) square feet of gross building area) shall be located completely within an area designated as ROR, MU or UF-3 (with limitations, see Policies under 2.2.1.11) on the Future Land Use Map. Also, large projects exceeding one hindred fifty thousand (150,000) square feet shall be located within an area of high access and directly accessed from at least one (1) roadway shown on the Existing Roadway Functional Classification Map (Map 5A) as arterial, at time of review for issuance of a development order. High access location should provide numerous options for trip distribution, provide for multi-modal opportunities and able to move large volume of traffic. Furthermore, require that all access points be limited to functionally classified roadways or frontage roads.
Illustration of Locational Criteria for Consideration of Small amd medium commercial uses.
Note: Parcels, or part thereof, not meeting maximum frontage requirements, may be considered for approval of commercial uses subject to the application of the "75% rule" and, where appropriate, subject to approval of the use as "infill" commercial development.
(4)
Permitted Exceptions to Limits on Maximum Frontage For a Commercial Node For Small or Medium Commercial Uses.
(a)
Seventy-five (75) Percent Rule. Proposed Commercial Project Partially Exceeding Maximum Frontage: If a proposed commercial project exceeds, in part, the maximum frontage limiting a commercial node (i.e., Eight hundred (800) feet or one thousand five hundred (1,500) feet for small and medium commercial projects, respectively), compliance with commercial locational criteria shall be established only if the portion of the commercial project's frontage along either (or both) functionally-classified roadways defining the proposed commercial node is at least seventy-five (75) percent of the proposed commercial project's total frontage.
(b)
Infill Small or Medium Commercial Development. Approval of a development order permitting a proposed commercial use may also be considered where the Board of County Commissioners finds that the proposed use, though located outside a commercial node as defined in Sections (1) and (2) above, and although not permitted for consideration under the seventy-five (75) percent rule described in subsection (1) above, is an "Appropriate Infill Commercial Project."
(c)
Commercial Subdivisions (Small or Medium). Approval of a development order permitting a proposed commercial use may also be considered where the Board of County Commissioners finds that the proposed use, though located on a parcel that is within the distance criteria of a commercial node as defined in Sections (1) and (2) above, however does not have frontage on a roadway classified as a collector or arterial on Map 5B of this Plan, is being developed as part of a platted commercial subdivision, where the land area from which the parcel was subdivided met the commercial node frontage requirements that enabled the direct access required by Policies 2.10.3.2.
(d)
Joint Use of Private Internal Roadways for Small or Medium Commercial Development. Approval of a development order permitting a proposed commercial use where the Board of County Commissioners finds that the proposed use, though located on a parcel that is within the distance criteria of a commercial node as defined in Sections (1) and (2) above, however does not have frontage on a roadway classified as a collector or arterial on Map 5B of this Plan, is being developed making joint use of private internal roadways (e.g., utilizing cross-access easement arrangements) with an adjacent parcel or parcels which meet(s) the commercial node frontage requirements. The proposed use can then be deemed to meet the requirements for direct access called for in Policy 2.10.3.2.
The illustration below provides a graphic example of this permitted exception allowing the consideration of a commercial use.
• Where "s" is equal to or greater than seventy-five (75) percent of total proposed frontage of commercial use, proposed use may be considred for approval.
• Where "s" is less than seventy-five (75) percent of total proposed frontage of commercial use, proposed use whall not be considered for approval.
The following graphic illustrated the context within which infill commercial projects may be considred.
• Parcels A, B, C are exisiting commercial uses.
• Parcels A and B meet commercial locational requirements.
• Parcel C does not meet commercial locational requirements.
• Parcel D is completely outside the commercial node.
• Parcel E is particall within the commercial node but does not qualify for commercial development because the parcel does not meet the reuirements for the seventy-five (75) percent rule.
• Parcel D may be considred for approval, even though completely outside of the commercial node, if determined to be appropriate infill development.
• Parcel E may be considred for approval, even given the parcel's being unable to qualify under the seventy-five (75) percent rule, if determined to be appropriate infill development.
LEGEND Parcel Boundary and Identifications. Parcels A, B, C, D, E, L, and M meet criteria. Parcels H, I, J, and K may be considered for approval due to being subdivided from lands which meet criteria.* Parcels, or part thereof, not eligible for cosideration (N, O, G, F). * Parcels A through L comprise land area before subdividing. LEGEND Parcel Boundary and Identifications. Parcels A, B, and C meet criteria. Parcel (D Part 1) may be considered for approval due to joint use of internal roadway with adjacent parcel meeting commercial locational requirements. Parcels, or part thereof, not eligible for cosideration (D Part 2). Depicts joint use or private internal roadway.
(Ord. No. 16-23, § 7(Exh. E), 9-19-16)