AGENDA

PLANNING COMMISSION

WORKSHOP

THURSDAY

DECEMBER 9, 2010 6:00 PM

Call to Order: 6:00 PM – Quorum present

PRESENT: Chair Diane Sheffield, Mari VanLandingham, Ed Allen, Dr. Gail Bridges- Bright, Frank Rowan, David Tranchand, Larry Ganus, Dr. Tony Arnold, School Bd. Rep Isaac Simmons

ABSENT: Willard Rudd, Catherine Robinson, Alonzo McBride,

STAFF: Anthony Matheny Planning Director, Jean Chesser Deputy Clerk

Pledge of Allegiance & Roll Call

Declarations of Conflict --Commissioner Ganus said he had a phone call from BASF

Mr. Matheny explained packets for tonight.

Ms. Pennington addressed Commission with comments as to where they are at this point.

Six elements have already been approved – last two for consideration are the conservation and future land use elements as being discussed tonight.

Evaluation & Appraisal Policy Discussion of Proposed Amendments to Comp Plan to address the recommendations identified in the Evaluation & Appraisal (EAR) Reports – Specifically the

Future Land Use Element & Conservation Element.

COMMENTS FROM COMMISSIONER VANLANDINGHAM ON DISPLEASURE OF THE PRESENTATION OF THIS ISSUE TO DATE.

COMMENTS FROM COMMISSIONER GANUS CONCERNING SOME DISPLEASURE WITH WHAT HAS BEEN PRESENTED AND THE UNCERTAINTY OF SOME OF THE ISSUES PRESENTED. A LOT OF INPUT THAT NEEDS TO BE INCLUDED AND HAS NOT. HE COVERED LACK OF ACCEPTING DISCUSSION ON INPUT FROM PUBLIC AT WORKSHOPS.

COMMENTS FROM COMMISSIONER VANLANDINGHAM CONTINUING ON THIS ISSUE AND SHE DOESN’T THINK ITS FAIR THAT INFORMATION IS NOT PROVIDED IN A TIMELY MANNER. SHE DOESN’T FEEL COMFORTABLE VOTING ON SOMETHING SHE HASN’T HAD TIME TO REVIEW.

Mrs. Pennington said draft has not changed since 10/21/10. She said all changes made by the P&Z Commission tonight will be made by her over the weekend for them to have at their meeting on 12/13/10 to vote on at that time.

Mr. Matheny comments on packets and Repeal Ordinances that are not included in tonight’s packets. He said if the Commission wants to delay action at this time they can do so. March 1, 2011 was the deadline originally and staff knew they would not meet that. Slowed down and everyone agreed to slow down but that meant staying on some type of accelerated schedule (3-4 months late). He reminded the Commission this is a lengthy process.

COMMISISONER VANLANDINGHAM ASKED ABOUT OVERLAY PLANS AND THE CONFUSION ON THE MINING ISSUE. COMMISSIONER GANUS AGREED AND SAID IF THE MINING PORTION IS LEFT OUT OF THIS AND THEN IN JANUARY/FEBRUARY COME BACK WITH WORKSHOPS FOR THE MINING – KEEP MINING AS SEPARATE ISSUE FROM EAR AMENDMENTS.

Mrs. Pennington’s comments on mining issue

Mr. Matheny comments on mining issue

Ms. Pennington said deadline was 12/1-2010 and has been extended to March 2011.

COMMENTS FROM COMMISSIONER ALLEN ON MINING ISSUES.

Ms. Pennington comments has done best she could do with previous direction given at August 2010 Workshop concerning FLUE Policies 1.1.5 and 1.1.6, 1.115, 1.122, as well as the Conservation Elements Policy 5. 27-C

Mr. Matheny’s comments that staff, etc., will go to DCA and explain difficulties and ask or “beg for DCA’s mercy” for extension.

COMMISSIONER GANUS SUGGESTED MINING BE TAKEN OUT OF CONSERVATION ELEMENT/FLUE AND POSSIBLY CHANGE DATE FROM 2012 --- NEED TIME FOR INPUT FROM

PUBLIC . will still be behind 3-4 months with submission to DCA.

Questions from Chair Sheffield on what everything to be considered tonight is.

DR. ARNOLD COMMENTS ON AMENDMENTS THAT MAY BE SUBMITTED AFTER MARCH WHICH PERTAIN TO MINING. – DCA WILL DEAL WITH THOSE, BUT THEY WILL BE UNDER CURRENT RULES RATHER THAN 2012.

MR. GANUS – COULD SUSPENSION ON NEW MINING CHANGES BE ADDED UNTIL NEW MINING POLICIES ARE ESTABLISHED.

DAVID WEISS, ATTORNEY BRIEFLY ADDRESSED THE COMMISSION CONCERNING SUSPENSION OR “MORATORIUM”.

COMMISSIONER ALLEN COMMENTS CONCERNING MANDATE CONCERNING MINING ISSUES – WRITTEN BY DCA?

Ms. Pennington’s comments.

COMMENTS SIMMONS AGREED TO PULL EVERYTHING OUT OF THE PROPOSED EAR REPORT PERTAINING TO MINING SO YOU CAN STAY ON GUIDELINE OR TIMETABLE FOR EAR AMENDMENTS.

COMMISSION COMMENTS ON PULLING MINING ISSUE AND WHATEVER IS IN EFFECT AT THIS TIME WILL REMAIN UNTIL THE MINING POLICY IS UPDATED.

DR. ARNOLD SUGGESTED TWO COMMITTEES BE FORMED FOR BOTH OVERLAY PLANS WITH RECOMMENDATIONS/WORK WITH STAFF ON THESE ISSUES. (Commissioner Allen and Commissioner Tranchand representing the two area, Dr. Arnold at large and P&Z Commission will choose citizens to serve on committee. CONSENSUS OF COMMISSION WAS TO PROCEED WITH THIS RECOMMENDATION. To pull or remove the two elements or changes to mining in conservation or land use changes at this time and abide by 2012 date for reviewing mining policies. During such time there will be a suspension of changes to the mining land use category.

Mr. Weiss suggested Commission be very careful in considering two years before amendments can be allowed in this mining issue. Should be done sooner than end of 2012.

Ms. Pennington asked for clarification on what the Commission wanted excluded on mining issue. Mr. Matheny made additional comments.

Ms. Pennington recommended talking with DCA on submitting all elements with exception of Overlay Plans and see how DCA will respond. Everything will be laid out for DCA. Additional discussion on raising standards – not lowering standards of the Comp Plan.

COMMENTS BY MR. SIMMONS SHOULD NOT NEED TWO YEARS – SIMPLY SEVERAL MONTHS TO CONSIDER AND TAKE ACTION ON MINING ISSUE – AT LATEST BY END OF 2011.

Public comments:

(1) Anthony Fedd – BASF addressed the Commission that they would agree to Commission considering Mining at further date expressed concern that mining is shown on the zoning map in Agricultural in the FLUM. BASF would not have an issue with no new mining being considered but two years would be an excessive amount of time.

(2) Howard Kirk – BASF addressed the Commission expressed concern with Future land use map because if they go by that, it would create extreme problems.

(3) Ken Safreit – Representing Roberts & Roberts Land Company – Has big problem with Moratorium or Suspension of land use designation changes – This is huge issue – Do it all at one time . Property should have been identified by previous consultants as t o where mining actually is.

(4) Attorney for BASF has long history with mining issues – explained problems with land use map from beginning when first presented to DCA. County recognizes importance of mining in county – it employs people. This will not be first community to try and do this – should not take two years. Moratorium is evil thing – it can be done, but can also be challenged. Work with community and business interests. Come up with

process that clearly defines what is involved.

BREAK TAKEN AT 7:40 pm – RECONVENED AT 7:50 PM

Mr. Matheny said pulling mining now is something that can be worked on as a totally separate issue. Should also consider No Type of Moratorium at all. If there is something else they want to discuss other than mining tonight or if they are comfortable to go forward Monday for vote --

Mr. Allen addressed Mr. Safreit with questions on Roberts & Roberts land use and proposed request for mining. Mr. Safreit responded to Mr. Allen’s comments.

Chair Sheffield – is Commission in consensus with pulling mining, form a committee and workshop issue and move forward with two elements at hand. Consensus was to proceed.

Ms. Pennington said if the mining is pulled at this time, The Commission would be

Page 11 of Future Land Use Element Paragraph M – Make no changes Changes in yellow that have been proposed will be removed – Page 13 Policy 1.1.22 To remain –

Conservation Element page 6 Policy 5.2.22 which is a new policy as added by staff should remain (County Attorney to review Monday) – 5.2.7 page 4 Leave C in, D language in red will be deleted and all of E will be deleted.

BASF Attorney this is issue -Trying to do code enforcement through Comp Plan.

Mr. Matheny Comments -- recommends removing anything that will impact mining at this time and consider it later.

Ms. Pennington5.2.7 page3-4, Changes to A,B,C,D & E

Elva Peppers addressed Policy 5.2.7 Conservation Plan. Said she has problems with FAVA report – who is qualified to interpret it.

Let the record reflect Commissioner VanLandingham left meeting at 8:40pm.

Page 6, ConservationPolicy 5.2.22 Remove Page 10,remove all changes to Policy 5.6.1

Ms. Pennington reviewed FLUE policy – Needs to Add 1.14.5 -- Objective 1.15 (page 28) Policy 1.1.5.3 should be 1.15.3 Discussion -- Language in red will remain

Packages for Meeting 12/13 will have all changes and will be presented Monday night for consideration and vote.

Commissioner Ganus has issue with future land use map that is proposed to be taken up Monday night and would like to see it removed from the process if possible. Ms. Pennington responded to Commissioner Ganus. Would rather have nothing than to have something that is so incorrect. Ms. Pennington agreed it should be left out.

Mr. Betts of BASF agreed with Commissioner Ganus – leave map out and correct it over time with committee will save a lot of headaches for everyone.

Ms. Pennington needs direction to repeal FLUM Map Amendment (Highlands at Lake Talquin & Stoddard II Properties.) Policy 1.14.2 Land Development Code.

No development order has been issued for Highlands – no development has begun – economy bad.

Closing comments by Mr. Matheny

THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD AT THIS TIME, THE MEETING WAS ADJOURNED AT 9:00 PM.