PLAN AMENDMENT PA / (ORDINANCE 16-23) Countywide Amendments

Transcription

1 P.C. 06/09/2016 PLAN AMENDMENT PA / (ORDINANCE 16-23) Countywide Amendments Transmittal of a Plan Amendment amending the Manatee County Comprehensive Plan providing for a Text Amendment to amend the following chapters or elements: 1. Introduction chapter to delete or relocate specific provisions. (D.2 Special Exceptions to Required Consistency with this Comprehensive Plan; D.3 Nonconformities with Respect to this Comprehensive Plan; D.5 Specific Property Development Conditions, and E Number of Workshops and Hearings. 2. Definitions chapter to add, delete, rename specific definitions (Provide new definitions for Infill Development, Mobile Home, and Strip Commercial. Delete the definitions for Abandoned Dump Site, Amnesty Day, e.g., and Manufactured Homes. Changed the name of Professional/Personal Service Office Use to Office Use. Reworded Neo-Traditional Development, Airport Hazard, Compatible, Low Income Household, Moderate Income Household, and Residential Treatment Facility). 3. Future Land Use Element to amend or add polices. (Modified Object 2.1.3, Revitalization of the Urban Core Area to include the Urban Service Area. Revised Table 2-1 to match potential uses and intensities per individual future land use categories. Added Policy regarding existing policy addressing industrial uses in a residential FLUC. Reorganized language in Policy Added references to schools in Policies and Amended Policy , , , , , , and for clarification or relocation of text from other policies within the Plan. Amended Policy regarding approval of building permits and issuance of a CLOS. Amended Policy to exempt projects in the UIRA from rezoning to Planned Development. Amended Policy to allow, rather than encourage, use of Planned Development. Amended Policy to exempt development within UIRA from Special Approval based on development size. Established a new Goal 2.14 at address specific development size limitations (moved from Land Use Operative Provision (LUOP)). Revised the Urban Core Map (Map H) to expand the boundaries to include the Lake Flores Property. Added a new map to the FLU Map Series (Map L) that was in the LUOP Character Vision Graphic. Revised the FLU Map Series to update the legend and update reference to the LUOP Provisions, Section D Land Use Operative Provisions to relocate or delete policies (Deleted Section A, Using the FLUC Map Series. Moved Section B, Industrial Uses Prohibited in Residential Categories, and Section C, Residential Uses Permitted in Industrial Categories. Deleted Section D, Distributing Commercial Potential, Section F, Level of Service Review Process, and Section G, Community Design and Compatibility and moved to the Land Development Code. Moved the Character Vision Graphic to FLUC Map Series as Map L.

2 5. Traffic Element to relocate or delete specific policies. (Amended Objective to change wording from establish to expand TCEAs (Transportation Concurrency Exception Areas). Amended Policy to provide a specific date for the adoption of mobility measures. Revised Policies and for redundancy. Amended Table 5-1 to delete reference to reduction of right-of-way. Providing for a purpose and intent; providing findings; amending provisions of the Comprehensive Plan to preserve internal consistency; providing for severability; and providing for an effective date. P.C.: 06/09/2016 B.O.C.C.: 06/21/2016 Transmittal B.O.C.C: xx/xx/2016 Adoption App.Rec.: County Initiated Type of Amendment: Text and Amendment to Future Land Use Map Series RECOMMENDED MOTION: Based upon the evidence presented, comments made at the public hearing, the technical support documents and finding the request to be consistent with the Community Planning Act, as codified in applicable portions of Chapter 163, Part II, Florida Statutes, and the Manatee County Comprehensive Plan, I move to recommend Transmittal of PA-16-03, as recommended by staff. 2

3 PLAN AMENDMENT SUMMARY SHEET Name: File Number: TYPE: RECOMMENDATION: County Initiated Text and Map Amendment Applicable Countywide PA-16-03/Ordinance Text and Map Amendment Staff recommends Transmittal of the Text and Map Amendment Discussion As part of staff s review of the Urban Corridors area, we found that there were general provisions within the Comprehensive Plan that could be updated now, but apply Countywide, not specifically to the Urban Corridors amendments (which are being processed as a separate amendment). The changes proposed include clarifying existing provisions, resolving inconsistencies and repetition, and updating policies that have already been implemented in the Land Development Code. One major change proposed as part of this set of amendments is the gradual elimination of the Land Use Operative Provisions (LUOP) chapter. It is not a common practice in Florida to have such a document, and we found out that many of the provisions in that document are either in the Land Development Code (LDC), should be moved to the LDC, or moved to specific element Goals, Objectives and Policies. The Introduction chapter was also streamlined for the same reasons. The Definitions chapter was updated to reflect newer definitions included in the Florida Statutes or LDC. The proposed text amendments are provided and shown in strike-through and underline format in the attached ordinance. Following is a list of the changes to each element/chapter of the Plan. The list does not include any of the changes being considered for the Urban Corridors (that list is being processed separately). GENERALLY Changes made to all chapters include the following: 1. Reworded some text without changing the meaning or intent of the provision. 2. Updated cross-references where necessary. 3. Deleted unnecessary cross-references. 4. Updated cross-references to Florida Statutes, Florida Administrative Code and other documents. 3

4 5. References to departments and staff were updated. INTRODUCTION 1. Deleted Section D.2, Special Exceptions to Required Consistency with this Comprehensive Plan. This is not a common practice among other jurisdictions around the State. The land development code already addresses issues related to existing or previously approved development that has become non-conforming to the provisions of the LDC and the Plan. 2. Deleted Section D.3, Nonconformities with Respect to this Comprehensive Plan for the same reason. However, Section D.3.2 (Otherwise Illegal Uses and Structures Prohibited) was moved to the LDC (see Section B of the proposed LDC draft). 3. Deleted D.5, Specific Property Development Conditions, from the Introduction chapter, but added the same language to the Future Land Use Element (Goal 2.14) where it would be found easier. 4. Deleted provision from Section E.3.2.1, Number of Workshops and Hearings, noting that the County holds one public workshop for the consideration of plan revisions as this has not been the practice. DEFINITIONS NEW DEFINITIONS: Infill Development Mobile Home Strip Commercial DELETED DEFINITIONS: Abandoned Dump Site Term not used in the Plan. Amnesty Days Term not used in the Plan. e.g. Not necessary. Manufactured Homes Term no longer used in the Plan. CHANGED NAME: From Professional/Personal Service Office Use to Office Use Personal services are a different use than office. REWRITTEN BUT GENERALLY MAINTAINED MEANING: Neo-Traditional Development 4

5 REWRITTEN TO MATCH LDC AND/OR FLORIDA STATUTES: Airport Hazard Compatible Low Income Household Moderate Income Household Residential Treatment Facility FUTURE LAND USE ELEMENT 1. Objective 2.1.3, Revitalization of the Urban Core Area, was modified to include the urban service area, not just the urban core area. 2. Revised Table 2-1 to achieve the following: a. Matched the examples of potential uses with the language included in the individual policies for each land use category. b. Reflected intensities listed in the individual policies (e.g. mini-warehouses). c. Moved the table notes from Table 2-1, Part II to Table 2-1, Part I. 3. Added Policy to incorporate a provision taken from the LUOP regarding industrial uses in residential land use categories. 4. Reorganized some of the language within Policy , CON, for clarification purposes. 5. Added reference to schools to Policy (copied from ). 6. Added reference to schools to Policy (copied from ). 7. Amended Policy to clarify that the size restrictions apply to office uses, instead of neighborhood retail given that office uses are the only type of neighborhood retail allowed in that future land use category. 8. Amended Policy to simplify/streamline the contents of the policy. 9. Amended Policy to incorporate a provision regarding residential uses in Light Industrial that was copied from the LUOP. 10. Amended Policy to incorporate a provision regarding new IH sites adjacent to schools that was copied from the Policy Amended Policy to incorporate a provision regarding schools in the R/OS future land use category that was copied from Policy Amended Policy to incorporate a provision regarding Overlay Districts that was copied from Policy

6 13. Added a provision to Policies and regarding CLOS that was copied from the LUOP. 14. Amended Policy , as requested by staff, to note that the approval of a building permit requires a determination that the development is consistent with a valid CLOS. 15. Amended Policy to exempt projects in the UIRA meeting the LDC buffer requirements from rezoning to PD to ensure development compatibility. This requirement is an obstacle to redevelopment. 16. Amended Policy to allow instead of encourage the use of PD procedures. 17. Amended Policy to exempt development in the UIRA from Special Approval based on commercial development size. This requirement is an obstacle to redevelopment. 18. Established a new Goal (2.14) to address specific development size limitations (previously in the LUOP). 19. Revised the Urban Core Area Map (Map H) to add property within the boundary as the site recently received site plan approval for a mixed-use development (see Figures 1a and 1b). 20. Added a new map to the Future Land Use Map Series Map L, Character Vision Graphic (see Figure 2) from the LUOP. 21. Revised Future Land Use Map series to update the legend and update references to the specific policy rather than the Land Use Operative Provisions, Section D.5. LAND USE OPERATIVE PROVISIONS 1. Deleted Section A, Using the Future Land Use Map Series (incorporated a simplified version into the LDC, Section 400.6, Rules for Interpretation of District Boundaries). 2. Deleted Section B, Industrial Uses Prohibited in Residential Categories. Moved provisions to Policy Deleted Section C, Residential Uses Permitted in Industrial Categories. Moved provisions to Policy Deleted Section D, Distributing Commercial Potential on a Project Site (incorporated into the LDC, Section 400.6, Rules for Interpretation of District Boundaries). 5. Deleted Section F, Level of Service Review Process. Portions moved to the LDC or Future Land Use Element (FLUE) Policies as follows: a. Moving subsection (1)(a) to LDC Section 360.3, b. Moving subsection (1)(b) to Policy , 6

7 c. Deleting subsection (1)(c) as the provision is already stated in LDC Section D, d. Moving parts of (1)(d) to Policy , deleting the Implementation Mechanisms under (1)(d) as they have already been addressed in LDC Section 360.6, e. Deleting subsection (1)(e) as it is already addressed in Policy 2.4.3, f. Moving subsection (1)(f) to LDC Section A.2, g. Moving subsection (2) to LDC Section Moved Section G, Community Design and Compatibility, to Chapter 9 of the LDC and some provisions to the FLUE policies. 7. Moved the character vision graphic to the Future Land Use Map Series as Map L. The Community Character and Compatibility Study was initiated by the Manatee Council of Governments as a collaborative planning effort to ensure development fit appropriately in the context with the community. It is proposed that the map be more appropriately placed within the FLUE and the Design Guidelines to the Land Development Code. No changes to the map and text are proposed at this time. TRAFFIC SUB-ELEMENT 1. Amended Objective to change the word establish to expand as the TCEAs have already been created and are now being considered for expansion. 2. Amended Policy to specify a date instead of a 12-month time frame for the adoption of mobility measures. 3. Revised Policies and to allow the provision of on-street parking instead of prohibiting it, consistent with the principles of Complete Streets. 4. Deleted subsection (b) from Policy based on staff determination that the provision is redundant. 5. Amended Table 5-1 to delete a reference allowing the reduction of ROW along US 41. The provision is unnecessary and could be done with or without this language. 7

8 Figure 1a, Urban Core Area Map - Current: 8

9 Figure 1b, Urban Core Area Map - Proposed: 9

10 Figure 2, Character Vision Graphic (moved from LUOP to Future Land Use Map Series): 10

11 SUMMARY Positive Aspects The amendments will remove inconsistency and repetition within the plan. Updating the Urban Core Map to add property will reflect current approvals within the Urban Core. Negative Aspects N/A Mitigating Factors N/A Staff recommends the Amendments be transmitted to the State. CONSISTENCY OF THE PROPOSED AMENDMENT WITH THE COMPREHENSIVE PLAN Plan Amendments According to the Comprehensive Plan, Introduction, Section C.2.3.2, amendment of any part of the Comprehensive Plan shall be considered a major policy decision by the Board of County Commissioners. An amendment of the Future Land Use map, for example, shall occur only where it is determined that growth and development patterns initially sought by Manatee County, through thoughtful adoption of the Future Land Use Element, are no longer appropriate. Section C.2.3.2, also states that justification for an amendment to the Comprehensive Plan may require a change in circumstances be demonstrated, or an error, inconsistency, or oversight. In addition, Section C.2.3.3, of the Comprehensive Plan states that the Board of County Commissioners shall amend the Comprehensive Plan upon finding that the goal, objective, policy, or map sought to be amended is no longer in the best interest of the public. Legislative Policy Decision Amendments to the Comprehensive Plan are a legislative policy decision of the Board of County Commissioners. The Board shall determine whether the Proposed Text and Map Amendments are in the best interest of the public considering: Are the proposed Map and Text Amendments compatible with the development trends in the area of consideration? 11

12 Are the proposed Map and Text Amendments compatible with surrounding uses and densities or intensities? As stated above, the changes proposed are mainly for clarity purposes, resolving inconsistencies and repetition, and updating policies that have already been implemented in the Land Development Code. Collectively, the proposed amendments to the Comprehensive Plan will help to streamline and clarify existing objectives, goals, and policies and therefore the amendments can be found to be in the best interest of the public. Change in Circumstance The Urban Core Map is proposed to be updated to include property that recently changed from being utilized as agricultural property for decades to a mixed-use development, including residential, office, and commercial. Now that the entitlements on the property have changed to an urban use, it is logical to now include the site within the Urban Core of the county, consistent with the surrounding properties and to reflect the anticipated use of the property a change in circumstance. The proposed plan amendment is anticipated to assist in attaining the following cited goals and objectives, and appears to be consistent with the following cited policies of the Comprehensive Plan. Objective: Mapping Methodology for the Future Land Use Map: Follow a mapping methodology limiting urban sprawl which recognizes existing development; projected growth areas; projected population and employment growth; and a possible development density and intensity less than the maximum specified on the Future Land Use Map.(see also all policies under Objective 2.6.1) Objective: Revitalization of the Urban Core Area: Limit urban sprawl through the infill and redevelopment of residential and non-residential uses into the urban core area thereby encouraging the continued vitality and economic prosperity of these areas. Objective: Map Series: Provide the Future Land Use Map Series in a manner and scale which will permit its use as an information planning resource, a planning tool, and a regulatory device. Policy: Provide the Future Land Use Map Series in a suitable manner for use as an informational tool for preliminary 12

13 property assessments by interested parties: Implementation Mechanism: a) Map series following this objective. Objective: Regulatory/Incentive Mechanisms: Maintain land development regulations which regulate and provide incentives for new development and redevelopment to achieve comprehensive plan objectives. Objective: Incentives: Periodically review land development regulations and strategies to ensure incentives for reduction of inconsistent land uses and incentives for redevelopment and renewal of blighted areas are effective. GOAL: 5.6 Encourage and promote the Complete Streets concept throughout the county. Objective Integrate Complete Streets. Complete Streets are roadways designed to accommodate all users, including, but not limited to motorists, cyclists, pedestrians, transit and school bus riders, delivery and service personnel, freight haulers, and emergency responders. Policy Improve public health and safety, active mobility and environmental quality by creating and maintaining an integrated network of multi-modal roadways for users of all ages and abilities through the Complete Street design, where applicable. Policy Provide streets for walking, bicycling and publicprivate transportation to enable convenient and active travel as a part of daily activities for all users, where applicable. Policy Promote complete streets that contribute to the slowing down of traffic, reduce pollution and emissions, improve environmental quality and provides for local economic opportunities, where applicable. Implementation Mechanism(s): a. Criteria and performance standards for 13

14 Complete Streets shall be established by Manatee County Public Works Department. THE PROPOSED COMPREHENSIVE PLAN AMENDMENTS ARE SHOWN IN STRIKE- THROUGH AND UNDERLINE FORMAT IN THE ATTACHED ORDINANCE. Attachments 1. Comprehensive Plan Consistency with Florida Statues 2. Ordinance in strike-thru/underline 3. Copy of Newspaper Advertising 14

15 ATTACHMENT 1 CONSISTENCY OF THE LOCAL COMPREHENSIVE PLAN AMENDMENT WITH FLORIDA STATUTES PA-16-03/ORD The proposed amendment is consistent with Chapter 163, Part II, Florida Statutes Process for adoption of comprehensive plan or plan amendment states in compliance means consistent with the requirements of ss , , , , and Required and optional elements of comprehensive plan; studies and surveys This plan amendment request maintains the structure of the Comprehensive Plan Coastal Management This plan amendment request maintains the structure of the Comprehensive Plan Concurrency This plan amendment request maintains the structure of the Comprehensive Plan Evaluation and appraisal of comprehensive plan The county has determined there is no need to amend the Comprehensive Plan through the Evaluation and Appraisal process (December 2013) Sector plans There are no sector plans established at this time Rural Land Stewardship areas There are no Rural Land Stewardship areas established at this time. All State goals and policies taken from Section , Florida Statutes. The proposed amendment is consistent with the following goals and policies of the State Comprehensive Plan: (15), (16), (17) (b)2., (20), (21), (25)(b)4. 15