Board of County Commissioners Agenda Request

Transcription

1 Date of Meeting: February 20, 2018 Date Submitted: February 15, 2018 Board of County Commissioners Agenda Request To: From: Subject: Honorable Chairman and Members of the Board David Edwards, County Administrator Somer Pell, Planning & Community Development Director Melissa Corbett, Senior Planner Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-06 Pertaining to the Future Land Use Element Statement of Issue: This agenda item requests Board approval to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report based Comprehensive Plan Text Amendment CP18-06 pertaining to the Future Land Use Element. Background: Pursuant to Section , Florida Statutes, the County is required to evaluate its Comprehensive Plan once every seven years to determine if any changes are necessary to keep the plan in conformance with Florida Statutes since the last evaluation of the Comprehensive Plan. The Board adopted the last Evaluation and Appraisal Report (EAR) of the Comprehensive Plan on February 4, 2008 and implemented necessary alterations with EAR based Text Amendments that were adopted on May 17, The evaluation and appraisal process has been simplified since the last time the County completed the EAR review. A detailed report on all of the changes that would need to be made to the Comprehensive Plan (the Plan) used to be required, however, effective June 2, 2011, local governments only have to submit a Letter of Determination (the Letter) saying whether their evaluation of the Plan has shown a need for amendments to the Plan or not. Staff reviewed the Plan and determined that modifications were needed to bring the Plan into consistency with current statutory requirements and to reflect current conditions. Therefore, a request to submit a Letter of Determination finding a need to amend the Plan was presented to the Board at their April 17, 2017 public hearing. This Letter was approved for submittal by the Board and subsequently submitted to the Florida Department of Economic Development (DEO) (Attachment 1). Text Amendments needed to bring the Plan into consistency are required to be transmitted to the State by May 1, The Future Land Use Element (FLUE) of the Comprehensive Plan was reviewed as part of the EAR review and updates were determined to be necessary.

2 Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-06 Pertaining to the Future Land Use Element February 20, 2018 Page 2 Analysis: Staff has prepared a draft Ordinance to amend the FLUE, which seeks to bring the language into conformance with State law, reflect current conditions of the County and to further implement associated planning documents (Attachment 2). Proposed modifications to the FLUE include the following: General updates to the language were made throughout the document. Updates pertaining to references to regulations in the Florida Statutes and Florida Administrative Code were needed to make it consistent with present requirements. Some State laws have been relocated within statutes while others have simply been repealed. Additionally, amendments that update the names of governmental entities are proposed within the FLUE amendment. Outdated references to other Comprehensive Plan Elements have also been revised. Correcting numbering sequences and clarifying the wording throughout the document was also utilized to modernize it. As the Future Land Use Map designations have been altered and new designations have been added over the years, there was a need to reorganize the Policies for these Land Uses into a more logical sequence. For instance, when the Rural 3 category was added, it was placed toward the end of the designation descriptions to avoid a need to renumber the FLUE Policies. This placed the Rural 3 category so that it was not in sequence with the other rural designations. It is important to note that when a policy has been proposed for relocation in the document, it has been shown in its newly proposed location with the old Policy number struck through and the new Policy number underlined. Any proposed revisions to that Policy s language is also shown in the strike through/underline format. The former location of the Policy language has been completely removed to provide an easier to follow document. In addition to rearrangement of existing categories, a new Future Land Use Map designation is suggested for incorporation. This new designation would bridge the gap between the density allowances in Urban 1 and the Urban 2 areas. With all of these changes in mind, the Land Use Map designations have been rearranged in this proposed amendment so that these descriptions generally fall into a rational order. During the comprehensive review of this Element, a need to correct inconsistencies with some of the language with that contained in other Policies within the FLUE was discovered. In addition, instances of nonconformity were also noticed between the FLUE language and those contained in the other Comprehensive Plan Elements and the Land Development Code. Thus, changes are proposed throughout the document to bring these policies into line with each other.

3 Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-06 Pertaining to the Future Land Use Element February 20, 2018 Page 3 At the last Evaluation and Appraisal Report Amendment period of the Comprehensive Plan, the development of an overlay district to direct future development to the Crawfordville area was included in this Element. Since that time, the Crawfordville Town Plan Overlay has been adopted for this purpose. Therefore, references to the Crawfordville Overlay have been updated in the document to reflect this progress and additional measures are proposed in the language which would further the development of the Town Plan. Limitations on new commercial rezoning requests have been an issue that s received much attention over the years. Historically, some applications for commercial rezonings have been denied due to commercial placement limitations contained within the Future Land Use Map designations. As the character of the developable land in the County continues to change over time, a potential need for an exception to these placement rules may be in the community s best interest. While a complete deletion of these limitations is not desirable at this time, the creation of an ability by the Board of County Commissioners to weigh each of these requests on the merits of historic development and existing character of the area should be included in the decision process for these rezoning requests. Therefore, an allowance for Board discretion has been incorporated into the language for these cases. The Enterprise Zone was utilized by businesses in the County between the years of 1996 to 2015 as a tax refund program. This program was created to aid businesses in distressed communities. However, the Florida legislature sunset the program on December 31, As a result, multiple references to the Enterprise Zone have been proposed for removal from the language in this Element of the Comprehensive Plan. Several passed deadlines for projects and studies are contained within the FLUE. By and large these activities were not completed per their specified deadline due to lack of funding and time constraints on staff. These deadlines have been removed and the projects will be pursued as funding becomes available. Recognizing goals that have been completed in the FLUE s policies is another area that was included in the proposed revisions. For instance, the incorporation of Low Impact Development principles was a policy set forth in the Element. These principles have now been adopted into the Land Development Code and so, the language has been updated to reflect this progress. The last area associated with this Element that is proposed for modification is the Future Land Use Map series. Updates are proposed to a few of the maps in this series to bring them into conformance with statutory requirements and to reflect current and future anticipated conditions (Attachment 3).

4 Request Board Approval to Schedule and Advertise Public Hearings to Consider Transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-06 Pertaining to the Future Land Use Element February 20, 2018 Page 4 Should the Board vote to schedule this Application for public hearings, then staff shall advertise it to be considered for transmittal to DEO at the Planning Commission meeting on March 12, 2018 and before the Board at their March 19, 2018 meeting. If the Board votes to transmit the Application to the State, then staff will send the Text Amendment to DEO and other State agencies for review. DEO will have sixty days from the receipt of a complete application to review the proposal and provide an Objections, Recommendations and Comment (ORC) Report to the County. Once staff receives the ORC Report, any issues raised will be addressed and the Text Amendment can be considered by the Board again for adoption. Budgetary Impact: If the Board directs staff to advertise the Application for public hearings, then approximately $210 will be spent on advertising the transmittal hearings in The Wakulla News. It is important to note that an additional advertisement to adopt the Text Amendment would also be required later in Options: 1. Approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-06 pertaining to the Future Land Use Element. 2. Do not approve to schedule and advertise public hearings to consider transmittal of Evaluation and Appraisal Report Based Comprehensive Plan Text Amendment CP18-06 pertaining to the Future Land Use Element. 3. Board Direction. Recommendation: Option #1. Attachment(s): 1. Letter of Determination 2. Draft Ordinance 3. Draft Map Series revisions

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6 ORDINANCE NUMBER AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA, RELATING TO THE ADOPTION OF THE WAKULLA COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN, AMENDING AND REVISING IN ITS ENTIRETY THE FUTURE LAND USE ELEMENT AS ADOPTED BY ORDINANCE NO , AS AMENDED, AS ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON MAY 17, 2010; PROVIDING FOR APPLICABLITY AND EFFECT AND THE PRODUCTION OF AN OFFICIAL EDITION OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN; REPEALING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE GROWTH MANAGEMENT PLAN, AS ADOPTED BY ORDINANCE NO AND SUBSEQUENTLY AMENDED; PROVIDING FOR SEVERABILITY AND FOR FILING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Wakulla County Board of County Commissioners is empowered to adopt Ordinances pursuant to Chapter , Florida Statutes; and WHEREAS, Chapter 163, Part II, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and requires the Wakulla County Board of County Commissioners to: (a) plan for the County s future development and growth; (b) adopt and amend comprehensive growth management plans or elements or portions thereof, to guide the future growth and development of the County; (c) implement adopted or amended comprehensive growth management plans by the adoption of appropriate land development regulations; and (d) establish, support, and maintain administrative instruments and procedures to carry out the provisions and purposes of the Act; and WHREAS, on or about April 17, 2017, Wakulla County submitted a Comprehensive Plan Evaluation and Appraisal (EAR) Letter of Determination to the Florida Department of Economic Opportunity stating a finding of need to amend the Comprehensive Growth Management Plan; and WHEREAS, the Wakulla County Planning Commission has been established and designated as the Local Planning Agency (LPA) for unincorporated Wakulla County, Florida, pursuant to Subsection , Florida Statutes; and WHEREAS, the LPA and the Board have in the preparation of the Text Amendment to the Comprehensive Growth Management Plan performed or caused to be performed the necessary studies and surveys, the collection of appropriate data, the holding of such public hearings, workshops and meetings as necessary, and have effectively provided for public participation, notice, broad dissemination of proposals and alternatives, opportunity for written comments, open discussion, communication programs, information services, considerations of, and response to, public and official comments; and 1

7 WHEREAS, the Wakulla County Board of County Commissioners (Board) held its transmittal hearing to consider the recommendation of the Local Planning Agency on, and transmitted the proposed EAR based Text Amendment to the Department of Economic Opportunity ( DEO ), in its role as the State land planning agency, and to other State review agencies; and requested review and that State s objections, recommendations, and comment (ORC) report; and WHEREAS, the DEO, by letter dated, transmitted its ORC on the amended version of the Comprehensive Growth Management Plan to the County; and WHEREAS, an amended version of the Text Amendment to the Comprehensive Growth Management Plan was prepared in view of the ORC report by the Department of Economic Opportunity; and WHEREAS, on or about, the County scheduled and advertised the adoption hearing for the Text Amendment to the Comprehensive Growth Management Plan in The Wakulla News, a local newspaper of general circulation, for ; and WHEREAS, on or about the Board held a duly advertised public hearing in accordance with Section , Florida Statutes, to consider and receive all oral and written comments relating to the proposed Text Amendment, including the data collection and analysis package, the Wakulla County Planning Commission recommendations; and WHEREAS, in exercise of its statutory authority, the Wakulla County Board of County Commissioners has determined it necessary and desirable to adopt the amended version of the Comprehensive Growth Management Plan s Future Land Use Element to further preserve and enhance present advantages; encourage the most appropriate use of land, water, and natural resources consistent with public interest; overcome present handicaps; and deal effectively and efficiently with future growth and problems that may result from the use and development of land within Wakulla County, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY FLORIDA, AS FOLLOWS: Section 1. Purpose and Intent. This Ordinance is enacted to carry out the purpose and intent of, and exercise the authority set out in, the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes, Chapter 125, Florida Statutes, and the Wakulla County Home Rule Charter. Section 2. Amendments to the Comprehensive Growth Management Plan. (A) The Board of County Commissioners of Wakulla County, Florida, hereby adopts as the Future Land Use Element of the Comprehensive Growth Management Plan for Wakulla County, Florida, the attached goals, objectives, policies, and referenced maps, for the Future Land Use Element, attached hereto as Attachment A and incorporated herein by reference. (B) The revised version of the comprehensive plan for Wakulla County, Florida shall be entitled The Wakulla County Comprehensive Growth Management Plan (Plan) and shall include the following elements: 2

8 (1) Future Land Use Element: See Attachment A (2) Future Land Use Map: See Attachment A (3) Concurrency Management System: No Change (4) Housing Element: No Change (5) Infrastructure Element: No Change (6) Transportation Element: No Change (7) Coastal Management Element: No Change (8) Conservation Element: No Change (9) Recreation and Open Space Element: No Change (10) Intergovernmental Coordination Element: No Change (11) Capital Improvements Element: No Change (12) Economic Development Element: No Change (13) Public School Facilities Element: No Change. (C) The amendment was fully considered after a public hearing pursuant to legal notice duly published as required by law. Section 3. Official Edition (A) Following the adoption of this Ordinance, a final edition of the Comprehensive Growth Management Plan shall be produced containing the text as adopted in its final form and related maps and that this edition shall be made available to the public. (B) To make the Wakulla County Comprehensive Growth Management Plan available to the general public, a certified copy of this Ordinance, the Comprehensive Growth Management Plan, and any Amendments thereto, shall be located in the Wakulla County Planning and Community Development Department, located at 11 Bream Fountain Road, mailing address 3093 Crawfordville Highway, Crawfordville, Florida, The Planning and Community Development Department, through its Director, shall make copies available for public inspection, and provide duplication for a reasonable publication and copy charge. Section 4. Applicability and Effect. The applicability and effect of the Wakulla County Comprehensive Growth Management Plan shall be as provided by the Community Planning Act, Chapter 163, Part II, Florida Statutes, and this Ordinance. Except to the extent amended herein, the Comprehensive Growth Management Plan is hereby ratified, confirmed, and remains in full force and effect. Section 5. Severability. 3

9 If any provision or portion of this Ordinance is declared by a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all the remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 6. Filing. A Certified Copy of this Ordinance, as well as Certified Copies of the Wakulla County Comprehensive Growth Management Plan, and subsequent Amendments thereto, shall be filed with the Wakulla County Clerk of the Circuit Court. Section 7. Repeal. (A) The Future Land Use Element of the Comprehensive Growth Management Plan, adopted by Ordinance No and subsequently amended, is hereby repealed. (B) The remaining portions of the Comprehensive Growth Management Plan shall remain in full force and effect. Section 8. Effective Dates. (A) The effective date of this plan amendment shall be pursuant to the State Land Planning Agency's Notice of Intent if DEO finds the plan amendment in compliance and no challenge is filed by an affected party when the Notice of Intent is posted to the State Land Planning Agency's web site. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. (B) A certified copy of this Ordinance shall be filed in the Department of State within ten (10) days after enactment by the Board and the Ordinance shall take effect as provided by law. PASSED AND DULY ADOPTED this day of, BOARD OF COUNTY COMMISSIONERS OF WAKULLA COUNTY, FLORIDA By: Chairman ATTEST: APPROVED AS TO CONTENT AND FORM: BRENT X. THURMOND, Ex Officio Clerk to the Board Heather Encinosa, Esq. County Attorney 4

10 GOALS, OBJECTIVES AND POLICIES FUTURE LAND USE ELEMENT Goal 1: To ensure Ensure that the character and location of land uses allow for appropriate economic benefit and support the enjoyment of natural and man-made resources by citizens while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation. Objective 1: To manage Manage future growth and development and implement the Plan Goals and Objectives through the preparation, adoption, implementation and enforcement of land development regulations. Policy 1.1: The land development regulations contain specific and detailed provisions that shall implement the adopted Comprehensive Plan policies and at a minimum: 1) Regulate the subdivision of land; 2) Regulate the use of land and water consistent with this element, ensure the compatibility of adjacent land uses and provide for open space; 3) Protect the environmentally sensitive lands designated on the Future Land Use Map or referenced in the Conservation Element; 4) Regulate and protect the natural attributes of areas subject to periodic flooding and provide drainage and stormwater management; 5) Regulate land clearing and tree cutting associated with development; 6) Protect potable water wellfields and aquifer recharge areas; 7) Regulate signage; 8) Ensure safe and convenient on-site traffic flow and vehicle parking needs; 9) Provide that development orders and permits shall not be issued which result in a reduction of the level of services for the affected public County facilities below the level of service standards adopted in this comprehensive plan; and 10) Identify and preserve historically significant resources. Policy 1.2: The Future Land Use Map and the Land Development Codes adopted to implement this Comprehensive Plan shall be based on and be consistent with the following land use classifications and density standards: Conservation: 1) Description - This is the most restrictive land use designation and is intended to provide for areas which are under public ownership for preservation and limited resource management purposes. This designation includes the Apalachicola National Forest, which is restricted from development, as well as the National Wildlife Refuge. It is herein noted that any land FLUE-1

11 use designation can contain areas which may be considered Conservation Areas. It is not the County's intent to attempt to identify all conservation or environmentally significant land within this designation. Individual site review to identify conservation areas will be an ongoing process conducted through the technical review requirements of the existing and amended Land Development Code. 2) Permitted/Prohibited Uses (a) Very limited public or private development may be permitted. Lands under private ownership, not leased by a federal or state agency, shall be limited to a maximum residential density as identified in the Rural-1 land use designation and development will be permitted only if it meets the performance standards that assure protection of water quality, natural water flow patterns, and vitality of plant and animal communities. The term development shall have the same definition as provided in Section , F.S. (b) Public recreational uses shall be permitted in this designation, but shall be limited to resource management uses. (c) Forestry activities on public lands shall be limited to that required for habitat management purposes under the specific direction and authority of the government agency responsible for the property. Large scale commercial, agricultural and/or forestry activities on public lands shall be prohibited. (d) Residential uses shall only be permitted at very low densities or as an accessory use to a permitted resource management use, such as housing for forestry workers or managers. (e) Existing agricultural and silviculture activities shall be permitted. New agricultural and silviculture activities shall be permitted on privately owned land within the conservation land use category outside of the Coastal High Hazard Area. The harvesting of trees shall be allowed pursuant to the practices outlined in the publications titled "Silviculture Best Management Practices 2008" (Florida Department of Agriculture and Consumer Services, Chapter 373, and 403, F.S., and Rule 62-25, F.A.C.) and "Management Guidelines for Forested Wetlands in Florida" (Florida Department of Agriculture and Consumer Services, Division of Forestry, and Florida Forestry Association Florida Forest Service) and Chapters 373 and 403, F.S. When these requirements are amended from time to time, the plan shall be amended to include the revised documents. 3) Density/Intensity limitations (a) Land in this designation may not be subdivided. (b) Overall residential density, where permitted, shall not exceed one (l) unit per forty (40) acres. (c) Non-residential uses shall not exceed a floor-area ratio (FAR) of (d) Where privately owned lands are enclosed or surrounded by this land use designation in Wakulla County, the land may be utilized pursuant to the Rural-1 land use FLUE-2

12 designation. Existing agricultural activities, including silviculture, shall be allowed pursuant to the practices outlined in the publications titled "Silviculture Best Management Practices" (Florida Department of Agriculture and Consumer Services, Division of Forestry). 4) Special Development Standards (a) All development shall, in addition to meeting the standards of the Comprehensive Plan, meet the standards of any applicable land management plan of any agency responsible for the property in question. Policy Conservation Residential: 1) This category is generally intended for large, private tracts of land that are appropriate for low density residential development and the protection of natural and cultural resources. An important objective of this category is to allow for low density residential development that accentuates and celebrates the natural environment and is designed to accommodate the natural setting instead of altering the natural setting to fit the design of the development. Natural resources including wetlands, habitat, and groundwater resources may be included within this category. In order to minimize disturbance, preserve large open spaces and provide shared access, clustering development on portions of a site is encouraged in this category. Other important objectives are to promote the use of native vegetation, to minimize impervious surfaces, to protect archeological and other cultural resources, and to manage, enhance, and restore natural ecosystems through controlled burning, thinning, and other restoration methods. This category may be located in rural or semi-rural areas that are readily distinguishable by the presence of significant natural water features such as rivers, creeks, marshes and lakes. Due to the specific and strict conservation requirements set forth herein, this category is not intended to promote inefficient traditional suburban development patterns that my promulgate urban sprawl. 2) Permitted Uses: Residential single-family detached, passive recreational uses, active recreational uses, related infrastructure, silviculture, and accessory uses such as community gathering facilities and other amenities for residents and their guests. Free-standing nonresidential or commercial uses intended to serve non-residents are not permitted. 3) Density/Intensity: Maximum overall gross density on the entire site shall not exceed 1 dwelling unit per 3 acres, subject to the following: with a mminimum lot size is 0.25 of an acre. The maximum overall impervious surface coverage (including residential uses, recreational uses, accessory uses, and infrastructure) shall not exceed 20% of the entire site. 4) Specific Restrictions: (a) Impacts to wetlands for the construction of home sites shall not be permitted. Impacts to wetlands are limited to roadway, pedestrian and utility crossings, accessory and recreational uses and for enhancement, restoration and mitigation activities such as controlled fire burns and fire breaks/fire lines for fire suppression, as permitted by the applicable federal and state agencies with jurisdiction. Other wetlands shall be identified and placed in conservation easements, as required by FLUE-3

13 federal, state and local agencies with jurisdiction. (b) Common open space, defined as all land in a subdivision, excluding platted lots and platted road rights of way, will comprise a minimum of 33% of total acres and may include the following: Wetlands; sensitive karst features including sinkholes, depressional areas with links to groundwater conduits and high vulnerability areas as indicated by the Florida Aquifer Vulnerability Assessment (FAVA) and their buffers; buffers adjacent to natural resources such as the Apalachicola National Forest, and habitat supporting listed species. (c) The stormwater management system will be designed to be as natural as possible, subject to approval by the governmental agencies with jurisdiction. Use of techniques like Vegetated Natural Buffers (VNB's) instead of traditional stormwater management ponds is encouraged where practical. (d) The stormwater management system will comply with the water quality standards for Outstanding Florida Waters (OFW). (e) Internal circulation system shall be designed to promote pedestrian and bicycle opportunities for residents by providing a functional and integrated system of pedestrian paths, bicycle paths, and nature trails. (f) Central potable water and central sanitary sewer facilities shall be required within this category. (g) Individual single-family docks will be limited. Community or common docks and fishing piers are allowed. (h) Marinas with services such as fueling, pump-out, electrical power, etc. are prohibited. No commercial slip rentals will be allowed. Boat ramps are allowed, provided they are located in areas that minimize impacts to natural resources. (i) Native vegetation will be encouraged for residential lots and common open spaces. Native vegetation to be used can be identified from the publication Waterwise Florida Landscape, as produced by Florida's Water Management Districts. (j) Building height no greater than 35 feet as measured from the first habitable floor level of a structure to the average height of the roof peaks. (k) This category may be implemented through a Planned Unit Development zoning district or any other zoning district found consistent with this category. FLUE-4

14 (1) The application of this category may require accompanying Special Area Plan (SAP) text policies with special design considerations and Best Management Practices (BMP's) to address natural resource protection, groundwater quality and quantity protection, and the provision of adequate facilities and services. The applicability of a SAP shall be made at the time this category is requested as part of an amendment to the Future Land Use Map (FLUM) of Wakulla County. (m) Applicants seeking this category as part of an amendment to the FLUM of Wakulla County shall prepare and submit appropriate data and analysis consistent with the applicable provisions of Chapter 163, Florida Statutes. and Rule 9J-5, Florida Administrative Code Agriculture (Primary Agriculture): 1) Description - This designation is designed to address large scale timber industry and/or farming activities on privately owned property, along with limited non-agricultural uses. 2) Permitted/Prohibited Uses (a) Forestry and agricultural uses and processing activities shall be permitted (including ancillary processing uses such as sawmills.) (b) Residential uses shall only be permitted at very low densities or as an accessory use to a permitted resource management use, such as housing for forestry workers or managers. (c) Public uses including schools shall be permitted in this designation. Public land uses may be permitted within this land use designation subject to staff review, public hearing, and approval process if compatible and consistent with the land use designation and established as a Conditional Use in the Wakulla County Land Development Code. (d) Areas lying contiguous to Urban Service Areas and/or private ownership may be developed as PUD's so as to protect the environmentally sensitive areas. The density and intensity shall be based on the land use designation contiguous to it. Density transfer within a PUD shall not exceed the overall "density to acreage" provisions of the overlying FLUM land use designations. 3) Density/Intensity Limitations (a) Overall residential density shall not exceed one (1) unit per twenty (20) acres. (b) Non-residential uses shall not exceed a floor-area ratio (FAR) of (c) In calculating residential density in areas which are habitats for threatened or endangered species, the density shall be maintained at the residential land use density for that land use classification. Actual development shall be addressed by transfer of density in the land development codes. (see PUD provisions) FLUE-5

15 (d) In calculating residential density for areas which are in in which wetlands are present, overall density shall be permitted at one unit per forty (40) acres. (See Density Clustering Provisions) 4) Special Development Standards (a) Residential development shall be arranged so as to utilize a limited number of access points from arterial or collector roads and so as to reduce the visibility of the development from such roads to the maximum extent feasible Rural-1 (Agriculture/Rural Fringe): 1) Description - This is a more conventional agriculture and low density residential designation designed to provide for general agricultural and forestry activities along with limited residential and non-residential use or service uses in the outlying areas which are not expected to become urban during the planning period. 2) Permitted/Prohibited Uses (a) Agricultural and forestry activities, along with accessory uses, shall be permitted. (b) Residential development at very low densities shall be permitted and shall be limited to development not relying on future extension of urban services. (c) Public uses including schools shall be permitted in this designation. Public land uses may be permitted within this land use designation subject to a staff review, public hearing, and approval process if compatible and consistent with the land use designation and established as a Conditional Use in the Wakulla County Land Development Code. 3) Density/intensity Limitations (a) Non-residential uses shall not exceed a floor-area ratio (FAR) of Overall residential density may be permitted at densities up to one unit per five (5) acres on paved County or state roadways, or one (1) dwelling unit to ten (10) acres on unpaved roadways. The actual density permitted shall be based on access, as follows: Where average lot sizes (exclusive of open space in cluster of PUD developments) are greater than five (5) acres but less than ten (10) acres, each lot shall have frontage on a paved road or on a private road meeting the standards of the Traffic Circulation Transportation Element Policy 2.3. Where average lot sizes (exclusive of open space in cluster or PUD developments) are ten (10) acres or more, unpaved access shall be provided. (b) In calculating residential density, in areas which are habitats for threatened or endangered species, the density shall be maintained at the residential land use density FLUE-6

16 for that land use classification. Actual development shall be addressed by transfer of density in the Land Development Code. (c) In calculating residential density, for areas which are in in which wetlands are present, the density shall be permitted at an overall density of one unit per twenty (20) acres. (d) In all cases, the gross density of a subdivision shall not exceed one (1) dwelling unit to five (5) acres. 4) Special Development Standards (a) While residential development may be permitted at a density greater than one dwelling unit per ten (10) acres, any such development shall be arranged so as to utilize a limited number of access points from any arterial or collector road and so as to reduce the visibility of the development from such road to the maximum extent possible. (b) Where permitted by this Comprehensive Plan, commercial development may be located in clusters of four (4) buildings or less with no more than 15,000 square feet of floor area, at an intersection of a minor and major collector, collector and arterial, or two (2) arterials. Such non-residential development may be allowed within onequarter mile of the intersection. Non-residential land uses shall also provide a landscape and design plan at the development review stage that clearly indicates how each site will meet the land development code's open space and landscape provisions. It is the intent of this requirement to promote the use of native vegetation to the fullest extent possible. 5) For subdivisions up to forty (40) acres in area containing up to eight (8) lots: (a) Individual lots shall be five (5) acres in size or greater unless the lots are clustered to provide common open space for the subdivision. Lots shall not be less than one (1) acre in area if clustered. The following provisions in subsections (7) (6) and (8)(7)(a) may also be applied to subdivisions of forty (40) acres or less. 6) For subdivisions greater than forty (40) acres but one hundred sixty (160) acres in size or less containing up to thirty-two (32) lots: (a) Individual lots shall be five (5) acres in size or larger and the subdivision shall have direct access to a paved arterial or collector roadway and internal local roads within the subdivision shall be paved to County standards; or (b) Lots must be at least one (1) acre in size and the lots shall be clustered in order to provide eighty (80) percent of the land area in open space. 7) For subdivisions larger than one hundred sixty (160) acres in size the following provisions shall apply. The following in (a) below, may be applied to subdivisions of greater than forty (40) acres, and equal to or less than one hundred sixty (l60) acres in size. (a) Subdivisions larger than one hundred sixty (160) acres: aall lots shall be clustered on twenty (20) percent of the site with the remaining site acreage maintained as open space. Lot size shall be one (1) acre or greater. The subdivision shall have paved FLUE-7

17 access to a paved arterial or collector roadway. All internal local roads within the subdivision shall be paved to County standards. (b) Open space, as applied in this policy, means either allowing the land and vegetative cover to remain in its natural state or in an agricultural (which includes silvaculture, specialty farms and similar uses) related land use. Passive recreational activities including hunting, fishing, hiking, and other activities which do not significantly modify the landscape are consistent with the definition of open space uses. (c) The County will ensure through this policy, its land development regulations, and development orders and permits, that the open space provided pursuant to this requirement through this open space/clustering option is maintained over time. Such open space shall not be developed except through the application of a Comprehensive Plan amendment determined to be in compliance by the Florida Department of Community Affairs. 98) The aggregation of contiguous parcels of land for proposed development which do not meet the standards listed above for the larger parcels, once aggregated, shall be prohibited. The addition of parcels to expand previously developed areas shall meet the standards established for the total size of the aggregated parcel. 109) Development in the Rural-1 use designation may occur at a density of one (1) dwelling unit per ten (10) acres or a lesser density without the above clustering/open space or roadway paving requirements. 1110) Development of new parcels resulting from the subdivision of land after these policies are effective shall meet the lot size, clustering/open space, and roadway paving requirements for development of the parent parcel based on the size of the parent parcel at the time the policies are effective. The size of this parent parcel shall be based on the combination of adjacent undeveloped parcels under single ownership. 1211) For the 230 +/- acres changed from Agriculture to Rural 1 by Ordinance No , only 23 single family homes may be constructed. The construction of all buildings shall be in compliance with the Florida Energy Efficiency Code. All residences shall be built to Energy Star Standards. Construction to such standards shall be confirmed by inspection and certification by Wakulla County building officials. 12) Development within this land use shall provide at least twenty percent of the gross land area on which the development is located as open space Rural-2: 1) Description - This designation provides for development of rural areas near emerging urban areas with a range of agricultural, residential, and supporting limited commercial activities. In addition, this classification includes some existing subdivisions. Specific areas for residential and commercial development in this designation are not shown on the map but are governed by the policies in this section which include criteria for the different kinds of development. The Rural-2 land use designation also identifies existing rural enclaves that are isolated from traditional rural or urban services such as central water and sewer service. A rural enclave consists of one (1) or more future land use designations, zoning districts, existing land uses, or historical communities. A rural enclave designation does not FLUE-8

18 guarantee increased density or intensity, but recognizes development trends of the past. 2) Permitted/Prohibited Uses (a) General agriculture and forestry activities shall be permitted, along with accessory uses. (b) Residential development shall be permitted. (c) Commercial development shall be permitted along arterial and collector roads but only where the access requirements set forth below are met. (d) Public land uses including schools may be permitted within this land use designation subject to staff review, public hearing, and approval process if compatible and consistent with the land use designation and established as a Conditional Use in the Wakulla County Land Development Code. (e) Industrial uses are not permitted. 3) Density/Intensity Limitations (a) Non-residential uses shall not exceed a floor-area ratio (F.A.R.) of 0.15 and individual activities shall not exceed fifteen thousand (15,000) square feet in floor area. (b) Non-residential development shall be located on lots of at least one (1) acre, except for properties within the Crawfordville Town Plan Overlay. (c) Residential development may be permitted at densities up to one (1) unit per two (2) acres with connection to central water service or one (1) dwelling unit per five (5) acres without. The actual density permitted shall be based on access, as follows: 1. Where average lot sizes (exclusive of open space in cluster or PUD developments) are less than five (5) acres, each lot shall have frontage on a paved public road or on a private road maintained by an owners association and meeting the standards of Traffic Circulation Transportation Element Policy Where average lot sizes (exclusive of open space in cluster or PUD developments) are greater than five (5) acres but less than ten (10) acres, each lot shall have frontage on a public road or on a private road meeting the standards of Traffic Circulation Transportation Element Policy Where average lot sizes (exclusive of open space in cluster or PUD developments) are ten (10) acres or more, access shall be provided. (d) In calculating residential density, in areas which are habitats for threatened or endangered species, the density shall be maintained at the residential land use density for that land use designation. Actual development shall be addressed by transfer of density in the Land Development Code. FLUE-9

19 (e) In calculating residential density, for areas which are in which wetlands are present, the density shall be permitted at an overall density of one (1) unit per twenty (20) acres. 4) Special Development Standards (a) Commercial development may be permitted only where the parcel has access to an arterial or collector road. Access to roads should be from frontage or side roads rather than directly. Access to commercial areas located along principal arterials shall be set back sufficiently to accommodate future right-of-way as identified in the Traffic Circulation Transportation Element. (b) New Commercial Development 1. Where permitted, new commercial developments shall be located in clusters with no more than four (4) individual establishments totaling not more than fifteen thousand (15,000) square feet in floor area, except where located in the Crawfordville Town Plan Overlay. Where permitted by the Comprehensive Plan, proposed new commercial rezonings shall be permitted only within onequarter (1/4) mile of an intersection of a minor and major two (2) collectors, collector and arterial, or two (2) arterials roadways. There shall be a limit of one (1) cluster within each intersection quadrant. New commercial rezonings beyond one-quarter mile of the intersection may be approved if the Board of County Commissioners makes the following findings: (a) that the proposed rezoning is compatible with the existing character of the surrounding area; and (b) existing residentially zoned parcels will not be negatively impacted by the proposed rezoning. The aforementioned commercial location requirements in this subsection shall not apply to properties within the Crawfordville Town Plan that have been identified as High Intensity Commercial, Low Intensity Commercial, Neighborhood Serving Commercial and or Cottage Commercial. 2. Non-residential land uses shall also provide a landscape and design plan at the development review stage that clearly indicates how each site will meet the land development code's open space and landscape provisions. It is the intent of this requirement to promote the use of native vegetation to the fullest extent possible. (d) Non-residential development in structures over five thousand (5,000) gross square feet in area shall have connection to public water service and fire protection consistent with Land Development Code requirements. (e) Schools, nursing facilities and all activities used by over fifty (50) persons at one time shall have central sewer facilities (including package plants). (f) Development within this land use shall provide at least twenty percent of the gross land area on which the development is located as open space. The County will ensure through this policy, its land development regulations, and development orders and permits that the open space provided pursuant to this requirement is maintained over time. Such open space shall not be developed except through the application of a Comprehensive Plan amendment. FLUE-10

20 Policy Rural-3 (Rural Residential): 1) Description - This designation provides for the development of transitional rural residential areas and is generally characterized by a more compact development pattern that is readily distinguishable from surrounding rural or semi-rural lands. This designation may only be used on lands located adjacent to arterial or major collector roads and on lands that have at least one common boundary with lands designated as Rural 2 or higher density. As an incentive to restrict the use of septic tanks in order to reduce a potential source of groundwater pollutants, development of these lands may occur at higher densities if central water and sewer services are available or extended to the site, but at lower densities if central water and sewer services are not available or not extended to the site. Density is set at a maximum of one (1) dwelling unit per one (1) acre with central water and sewer, a level that will enable the economic feasibility of central services, but at the same time will not greatly depart from lower rural or semi-rural densities. Density is set at a maximum of one (1) dwelling unit per five (5) acres without central water and central sewer. 2) Permitted/Prohibited Uses (a) General agriculture and forestry activities shall be permitted, along with accessory uses. (b) Residential development shall be permitted, except that mobile homes are prohibited. (c) Commercial development shall be permitted along arterial and collector roads but only where the access requirements set forth below are met. (d) Public land uses, including schools are permitted. (e) Industrial uses are not permitted. 3) Density/Intensity Limitations (a) Non-residential uses shall not exceed a floor area ratio (F.A.R.) of 0.15 and individual activities shall not exceed fifteen thousand (15,000) square feet in floor area. (b) Non-residential development shall be located on lots of at least one (1) acre, except for properties within the Crawfordville Town Plan Overlay. (c) Residential development may be permitted at densities up to one (1) dwelling unit per Ffive (5) acres without central water or central sewer or one (1) dwelling unit per one (1) acre with central water and sewer. The actual density permitted shall be based on access, as follows: 1. Where average lot sizes (exclusive of open space in cluster or PUD FLUE-11

21 developments) are less than five (5) acres, each lot shall have frontage on a paved public road or on a private road maintained by an owner's association and meeting the standards of Traffic Circulation Transportation Element Policy Where average lot sizes (exclusive of open space in cluster or PUD developments) are greater than five (5) acres but less than ten (10) acres, each lot shall have frontage on a public road or on a private road meeting the standards of Traffic Circulation Transportation Element Policy Where average lot sizes (exclusive of open space in cluster or PUD developments) are ten (10) acres or more, access shall be provided. 4) Special Development Standards (a) Non-Residential Development i. Commercial development shall be permitted only where the parcel has access to an arterial or collector road. Access to roads should be from frontage or side roads rather than directly. Access to commercial areas located along principal arterials shall be set back sufficiently to accommodate future right-of-way identified in the Traffic Circulation Transportation Element. ii. Where permitted, commercial developments located outside of the area described in Land Use Policy shall be required to be located in clusters of not more than four (4) establishments and be limited to a maximum of fifteen thousand (15,000) square feet in floor area per intersection quadrant, except where located in the Crawfordville Town Plan Overlay. New commercial development shall be permitted only within one quarter mile of an intersection of a minor and major two (2) collectors, collector and arterial, or two (2) arterials roadways. New commercial rezonings beyond one-quarter mile of the intersection may be approved if the Board of County Commissioners makes the following findings: (a) that the proposed rezoning is compatible with the existing character of the surrounding area; and (b) existing residentially zoned parcels will not be negatively impacted by the proposed rezoning. Nonresidential land uses shall also provide a landscape and design plan at the development review stage that clearly indicates how each site will meet the land development code's open space and landscape provisions. It is the intent of this requirement to promote the use of native vegetation, to the fullest extent possible. iii. Non-residential development in structures over five thousand (5,000) gross square feet in areas shall have public water service and meet fire flow concurrency as determined by the Technical Review Committee. iv. Schools, nursing facilities, and all activities used by over fifty (50) persons FLUE-12