COMMISSIONERS:

EUGENE LAMB, JR.

District 1

DOUGLAS M.CROLEY

Dis trict  2

GENE MORGAN

District  3

BRENDA A. I-IOLT

District 4

SHERRIE TAYLOR

District 5


 

 

 

GADSDEN  COUNTY BOARD OF COUNTY COMMISSIONERS EDWARD ]. BUTLER

GADSDEN COUNTY GOVERNMENTAL C01v1PLEX

 

PLANNING & COMMUNITY DEVELOPMENT

 

2006 USDA Rural Development Community of the Year

 

PLANNING COMMISSION AGENDA

 

 

Thursday, September 15, 2011

6:00p.m.

Board of County Commissioners Meeting Room

7 East Jefferson Street

Quincy, Florida


Art h ur Lawson, Sr.

Interim County

Administrator

 

Debora h S. Mi nnis

County Attorney

 

t nthony Mat heny

Director


 

 

1.  Pledge of Allegiance

 

2.      Introduction of Members/Roll Call

 

3.      Approval of Minutes-            June 16, 2011  - Rowan/Arnold

 

4.   Disclosures and Declarations of Conflict

 

GENERAL BUSINESS

 

5.         PUBLIC HEARING- BOSTIC   ROAD   ADMINISTRATIVE   FUTURE   LAND  USE MAP   AMENDMENT   (LARGE   SCALE)   (CPA-2011-02)   - To   hear   a   proposed amendment      and  recommend  transmittal  to  the  Division  of  Community  Planning,  a change to the Future Land Use Map from Commercial (COMM) to Rural Residential (RR) for the following parcels located in the area of and off of Bostick Rd.: Parcel #'s 2-27-3N-

2W-0000-00123-0100,   2-27-3N-2W-0000-00210-0100,  2-27-3N-2W-0000-00123-0300,

2-27-3N-2W0000-00210-0500,      2-27-3N-2W-0000-00210-0600,      2-27-3N-2W-0000-

00210-0400, 2-27-3N-2W-0000-00123-0200 by Proposed  Ordinance. (Planning and Community Development/Applicant)  (Board of County Commissioners  10-04-11, tentative!;  .

           

               Catherine Robinson

                Sheffield

                Ed Allen

                Simmons

 

6.     PUBLIC COMMENT

       Molley C. Wilson

    Marian Lasiter

 

VanLandingham/Tranchand- Motion

 

*Other Business – David Tranchand

Lake Yvette Homeowner Assoc Memorial – Sunday, October 16@3:00pm

Tree in his memory – Redbud(John Yerkes)

 

*Bike Ped Grant – Identify bike and ped trail throughout count

 

7.   ADJOURNMENT

 

     Vanlandingham/Bridges-Bright

 

 

 

:J.-B East Jefferson Street oP.O. Box :t.79!>oQuincy,Florida 32353-1799 (850)875-8663 FAl< (8.50)375-7280 www.gaclsdencountyfl.gov


Gadsden County Planning Commission Meeting Agenda                                        September 15, 2011

 

 

 

 

 

 

 

Respectfully submitted

 

 

 

 

 

 

 

 

Anthony Mat     ny, Director

Planning &      Community Development

 

Pursuant to Section  286.0105, Florida  Statutes, the County  hereby  advises  the  public  that:  If a person  decides to appeal  any decision  made  by this Board, agency,  or meeting  or hearing,  he/she will  need  a record  of the  proceedings, and  that  for such  purpose,  affected  persons  may need to insure  that a verbatim  record of the proceedings is made, which record  includes  the testimony  and evidence upon  which the appeal  is to be based.  This notice does  not constitute consent  by the County for  the  introduction   or admission into  evidence of otherwise inadmissible or  irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed  by law. In accordance with  the  Americans with  Disabilities Act  and  Section   286.26,  Florida  Statutes,   persons  with disabilities  needing   special   accommodations  to   participate   in  this   meeting   should   call   the Planning & Community Development Department at 875-8663, no later than 5:00 p.m. at least 48 hours  prior to the meeting.

 

 

 

 

 

 

 

 

PC Agenda 091511\\Gadsdcnl\planning  & zoning\Pianning Commission (P&Z)\Pianning Commission\PC 20 II \20 II  PC Agendas & Reports\PC091511\PC Agenda 0915ll .docx

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2


 

 

 

 

 

 

MINUTES

 

 

PLANNING COMMISSION THURSDAY. JUNE 16. 2011

6:00PM

 

 

 

 

 

 

 

Roll Call:

 

 

Present:

Vice-Chair Larry Ganus Commissioner Ed Allen Commissioner Gail Bridges-Bright Commissioner David Tranchand Commissioner Frank Rowan Commissioner  Anthony Arnold

Commissioner Isaac Simmons, School Bd. Rep

 

 

Absent:

Commissioner  Alonzo McBride Commissioner Catherine Robinson Commissioner Willard Rudd

 

Chair Diane Sheffield                           EXCUSED Commissioner Mari Vanlandingham  EXCUSED

 

 

Staff:

County Attorney Deborah Minnis

Planning & Com. Dev. Dir. Anthony Matheny

Deputy Clerk Jean Chesser

 

 

CALL TO ORDER:

 

 

1.   Vice-Chair Ganus called the meeting to order at 6:00 PM with a quorum present and led in the Pledge of Allegiance to the U.S. Flag.


 

 

 

 

 

 

 

2.   Introduction of  Members/Roll Call - Each member  present  stated  his/her  name  and district  for the record.

 

 

3.   Approval  of  Minutes --- May 12,  2011 - Vice-Chair Ganus requested  corrections be made to the 5/12/11 P&Z Minutes  as follows:   (Pg 4- Item 6 Public Hearing, Bennett's Shady Rest Adult Daycare (Shady Rest Senior Day Stay)) Last sentence incorrectly  stated in staff's  agenda report  for Shady Rest Senior Day Care Center under Location - Staff stated SR 267 (Fia-GA Hwy).  Correction to be made in Official Record as follows:  Strike SR  267 (Fia-Ga Hwy)  and insert  HWY US 27.  Additional corrections  - (Pg 13, Second paragraph)  strike  "Vic-Chair and insert  Vice-Chair.   Page 13  last sentence  of  second paragraph strike pervious and insert impervious.

 

 

 

UPON A MOTION BY COMMISSIONER TRANCHAND AND A SECOND BY COMMISSIONER  ALLEN TO APPROVE THE MINUTES OF THE MAY 12, 2011, PLANNING COMMISSION MINUTES WITH NOTED CORRECTIONS, THE COMMISSION VOTED 7-0,  BY VOICE VOTE, IN  FAVOR OF THE MOTION.

 

4.   Disclosures & Declarations of Conflict- None Stated

 

 

Vice-Chair Ganus asked for any amendments to the agenda.

 

 

Mr.  Matheny  requested  Item  #6 be removed  from  tonight's agenda for public  hearing.   He stated staff had initially felt some additional changes may be necessary, but after speaking with the Vice-Chair they  decided  it would  be best to bring  Item  #6 the  Neighborhood Commercial Uses back up this Fall or this Winter when the Lake Talquin Area Plan is completed and they will then have the boundaries they set forth  when the Plan is approved/adopted.

 

!;     PblllbiG  I-IIOARINGi   Neighborhooa  COITlffiereial  bl5es aAa  9evelotJITleAt  StaRaaras

AaffiiAi5trative Laml  9evelotJffieAt Coae  AffieAEIITleRt        ChatJter  4, S o l3seetioA5  4104,

4202.( aAa Cl'laj3ter 5, S l35e£tioA 5204    L9R 2011 01, PFOfl05ea 0raiAan£e

 

 

Tl'li5 flFOfl05ea Orainanee l'la5 13een bro  gl'lt  bad(  for  P bli£  Hearing  5fle£ifieally  to  dis£ 55 tl'le j3rOfl05eEl  bot mlaries for  Neigl'lllorl1ooa COITlffiCF£ial St: e£ial 'NaterfroAt aej3enaent   ot5e5  as relates to  t11e  Lake TaiEt iA Area  PlaA ana  refereneed iR St;bseetioA  U02.C.S of  tFie GaEI5aeA Cot;Aty LaRa 9evelofl1Tlent  Goae.

 

UPON A MOTION BY COMMISSIONER  BRIDGES-BRIGHT AND A SECOND BY COMMISSIONER ARNOLD TO REMOVE ITEM #6 AS SHOWN ABOVE FROM TONIGHT'S AGENDA AS REQUESTED BY MR. MATHENY,THE COMMISSION VOTED 7-0 BY VOICE VOTE IN FAVOR OF THE MOTION.


 

 

 

 

 

GENERAL BUSINESS:

 

5.   UPDATE: - EAR  Based Amendments & Area Plans -County  Attorney & Growth  Mgt.

Director

 

 

Mr. Matheny explained the update on the Ear Based Amendment process and the Area Plans process- back in December, 2010, the Planning Commission approved changes to the eight (8) Comprehensive Plan Elements- Amendments to the Comprehensive Plan. He said that is where it stopped and the previous County Administrator (Mr. Williams) decided to no longer go with the sub-contractor that  Preble Rish had hired (Ms. Marina Pennington) and to then look at possibly hiring another sub under Preble Rish or opening up the process again by a whole new round of RFPs. He said the Board of County Commissioners not long ago decided that is exactly what they wanted to do; send out a new RFP for services to finish this process with the County Commission and do the first two area plans, one of which is the Wetumpka- Lake Talquin Area Plan, and the other being the Midway (US 90 Corridor) Area Plan. Mr. Matheny said they sent out an RFP and tomorrow  the three proposals which the County received will be ranked by a small staff committee  on June 17.  The proposals were received from (1) GPI, Southeast (2) Kimley Horn & Associates and (3) Wendy Grey Land Use Planning. A recommendation will be prepared  in  the  form  of  an agenda item  and possibly presented to  the  Board of County

h

 
Commissioners at their July 191  meeting.  He said they hope the Board will approve one of the

proposals and select a consultant at that time to finish the EAR Based Amendment process.

 

 

In response to  questions from Vice-Chair Ganus, Mr. Matheny said the criteria as to what has to be done by the consultants in finishing this process was included in the RFP; the criteria was very detailed, i.e. they will  have to have at least one or two  meetings with  the public. He believes it is a minimum of one workshop with the BOCC, and then the public hearings, and if they  find  something  they  feel needs to  come  back before  the  Planning Commission for additional consideration (even though they have already approved it) or if they possibly have a suggested change it may very well be brought back to the Planning Commission. He said they will be able to use materials that have already been produced but there is no guarantee that the Board of County Commissioners will not radically change it when it goes before them.  He said he is not anticipating that, but also said he would not speak for them (BOCC) and that they have the option of going with the Planning Commission's recommendations making little or no changes or possibly even making some substantive changes. He said one of the major roles of the  consultant  will  be to  give guidance to  the  Board of County Commissioners - such as recommending changes based on what the Planning Commission did and that the BOCC go with what  the  Planning Commission has done, or simply whatever. That's part  of their  role; in working with staff and they won't come in and radically suggest anything unless they come in and do workshops and find out something different than was known before. Mr. Matheny said it should be a pretty quick process. He said there are six area plans and they will need to do the Wetumpka-Lake Talquin and the Highway 90 Corridor plans first  as these two are a couple of years behind and the others  aren't even on the "radar" yet.


 

 

 

 

 

 

 

Commissioner Allen inquired as to whether or not there was any other criteria included in the RFP, other than the area plans; possibly mining or something of that nature and Mr. Matheny said he didn't  believe they got into  that specifically; it was basically just 'look at what  has already been done' but of course when they take over and look at all of the discussions and the minutes then that will obviously be at the forefront  of what they are thinking and looking at in

moving forward.

 

 

Mr.  Matheny  reminded  Commissioner Allen that  "Back in November/December  we talked about possibly addressing that as an entirely separate exercise and initiative instead of--"

 

Commissioner Allen "I know we did, but we also discussed bringing up the area plans the first part of the year, too,in the first quarter and this is the end of the second quarter."

 

Mr.  Matheny  "We  did, but  you know, the County Administrator  at the time, Mr. Williams, decided that was what we wanted to do and we weren't sure what all --  what tonight is about is we've been in this flux where we had no idea what was going to happen with DCA- now we all know what has happened to DCA, they've pretty  much been eliminated and our County Attorney David Weiss is going to talk about that in just a minute in more detail and he will go through a power point presentation, but we've been waiting to see what was going to happen. If nothing was going to be required then the County needed to look at spending those funds to move this forward, and of course even if  nothing  was required  they may have wanted  to continue. I don't know, that is their choice but it had been put on the  back burner and now it's back on the front  burner and I guess from this next month forward it will be hot and heavy again. That's my guess but I have no idea what they will actually do when it comes before them as an agenda item but I think they will go ahead with planning services."

Mr. Matheny turned the meeting over to Assistant County Attorney David Weiss at this time. Mr. Weiss made a power point presentation covering the 2011changes to the Florida Growth

Management  and Land Planning Law; more  specifically SB  2156 and HB 7207  which  has

significantly changed the landscape of growth management and land planning, at least at the State level. He reviewed SB 2156 pertaining to governmental reorganization; Chapter 2011-142 pertaining  to  the  land  planning  agency.   He said this  bill  eliminates  the  Department  of Community Affairs and creates the Department of Economic Opportunity which is a very large department housing many old agencies. DEO is now the state planning agency and all of the state land planning functions which DCA use to perform but now are included in the Division of Community Development , a division with the DEO. There will be a transition period from the time  the bill went  into  law 7-1-11 through  10-1-11 for the transfer of all the functions/funds/positions formerly  handled by DCA. Mr.  Weiss also explained this  bill  will significantly reduce the size and function of the state land planning agency.


 

 

 

 

 

Mr.  Weiss reviewed  HB 7207, Chapter 2011-139 in  more  depth  explaining it  covers the substantive changes to the Law and changes at the State level. He stated this new law is a comprehensive revision to the Florida Growth  Management and Land Planning Law, that it provides local governments more flexibility and discretion as a result of less state oversight and review responsibility and fewer State mandated compliance requirements.  He said Florida has gone from a more top-down approach where the State Planning Agency was at the top down to a much more discretionary and localized approach with the current Community Planning Act. He also explained that despite less stringent regulations and fewer mandatory requirements, the Local Governments are still required to comply with their own adopted Comp Plan and Land Development Regulations until they are amended in accordance with proper procedures and even though the Statutes have been amended does not mean that County law has changed. He said the County may have fewer requirements  but more options and in order to implement those things the County will have to go through the amendment process for the County's own Com Plan.

 

An example given by Mr.  Weiss as to  one of the things HB 7207 has done is to  make the concurrency for transportation, school parks and recreation which is no longer State mandated, but if those things are in the County's Comp Plan in order to get rid of them the county will have to amend their Comp Plan.  The scope of his presentation focused on the timely and relevant changes in Growth Management and Land Planning Law pertaining to the County's obligations in completing the EAR-Based Comp Plan Amendments and Urban Service Areas. Major  issues covered in  the  presentation  were  the  Camp Plan Amendment  Process,  EAR Process, Urban  Service Areas,  Private  Property  Rights, Local  Initiatives  and  Referenda, Permitting   Programs, etc.  Some  of  the   points  discussed concerning  the   Camp  Plan Amendments are that Rule 9-JS of the Florida Administrative Code is repealed; but most critical provisions,   including   requirements   regarding   supporting   data/analysis  and   predictable guidelines have been incorporated into Florida Statute.  Even though not adopted as a Rule (such as Rule 9J-5) DEO may provide guidance on its website regarding submittal and adoption of Camp Plan/Amendments.  No longer subject to consistency with State Comp Plan but must still be consistent with  the Local Government Comp Plan and governing statutes; must be logical, rational, reasonable and based on adequate data, analysis and meaningful, predictable guidelines. He cautioned the Commissioners to remember  that  while  this may allow more flexibility  and discretion, it is not a license to simply make changes that are not supported by reason and aren't based on data and analysis.

 

Mr.  Weiss also reviewed the Comp Plan Amendments requirement  to maintain a Camp Plan that is in compliance and to implement such plan in a consistent manner; all mandatory Camp Plan Elements must be retained; Plan amendments are no longer limited  to twice per year. Local governments  are  not  required  to  adopt  amendments  implementing  new  statutory requirements  until their next scheduled EAR; and he said he believes with the County being "kind of"  in the middle of the EAR process that what this means is the County needs to be certain all statutory requirements are in their EAR based amendments -said there may not be


 

 

 

 

 

any and that will be the responsibility of the consultant to look at and indentify anything, any State requirements that have changed and that will require Camp Plan Amendments. He said an amendment must be adopted within a period of 180 days of agency comments (transmittal of  the  amendments to  the  time  of  adoption)  or  the  amendment  will  automatically  be withdrawn - unless extended by agreement with agency. There are three different processes of  a  Camp Plan Amendment  which  are based on the  size and type  of  amendment - the processes being Expedited Review- Small Scale Amendments- State Coordinated Review.  He briefly discussed the reviewing agencies of the Camp Plan Amendment Process.

 

Commissioner Tranchand raised questions concerning the  appropriate  water  management district and asked if it was not correct that the Legislature de-funded the taxes that were going to the water management districts and Mr. Weiss responded he is not real familiar with that situation, and stated even if the Legislature did, that he didn't  think they did away with the Water Management District and Commissioner Tranchand explained the Legislature did not do away with the Water Management District; they only did away with the property taxes from them. Detailed discussion continued on the different review processes as included in Mr. Weiss' presentation and as included in information presented to the Commission.

 

Commissioner Arnold asked about the comment "reviewing agencies may provide comments within  30 days" under Expedited Review and said it sounds like if they don't have comments, they don't have to provide them; but what if they do have comments and they don't provide them - if this is basically intended to force the reviewing agencies to get their job done in 30 days and if they don't then is it assumed they are not going to do it and Mr. Weiss responded that is the idea -to not hold up the process of the local government adopting their Camp Plan Amendments.

 

In reference to small scale amendments only one public hearing (adoption hearing) is required which is much less review and very quick process - affected person may challenge within  30 days of adoption and the State Land Planning Agency cannot intervene. If no administrative challenge is filed  the  amendment  is effective  31  days after  adoption  - if  administrative challenge is filed the amendment is effective upon entry of a final order finding the amendment to be in compliance.

 

Vice-Chair Ganus asked in the way the small scale amendments stand at this time if they have to go to DCA for review and Mr. Matheny responded they do not have to go to for review but the County has to notify them of what the County is doing.

 

Vice-Chair Ganus asked if the acreage is accumulated so the County knows when they have reached the limit on small scale amendments and Mr. Weiss responded that was correct and it is 120 acres maximum limit per calendar year.


 

 

 

 

 

Commissioner Allen said the Citizens Bill of Rights requires two  (not  one) hearing on any deviation from land uses and he asked if the Citizens Bill of Rights would take precedence over the one hearing requirement and Mr. Weiss responded that was affirmative as the one hearing

requirement is one of the State requirements.

 

Discussion continued on the State Coordinated Review which Mr.  Weiss described as being similar to the former State-wide process that most Comp Plan Amendments previously went through; a much more involved process that has since been scaled down to apply to only a few areas.

 

On  the  Evaluation and  Appraisal  Report  (EAR) Process, Mr.  Weiss  explained  the  local governments  must  evaluate  their  Comp Plan every  seven  years  to  determine  whether amendments are necessary to reflect changes in State requirements and notify the State Land Planning Agency of its determination -If the Local government determines that amendments are necessary, it must prepare and transmit such amendments within one (1) year pursuant to Comp Plan Amendment Process (State Coordinated Review - If the Local Government fails to submit letter notifying SLPA of their determination or fails to adopt necessary amendments (if they have any) within one year, Local Government is prohibited from amending its Comp Plan until it complies --  Local Government is encouraged to evaluate and update its Comp Plan to reflect changes in local conditions, but there is no requirement  to do so. - New EAR Process applies to all local governments; even those which have failed to timely adopt EAR  or EAR­ Based Amendments by previously established due dates which Mr. Weiss said he believes is where the County currently is and just because this isn't a requirement that doesn't necessarily mean  it isn't a  bad idea to stop what the County is doing  because a lot of work, time and money has been spent in the process to this point and a lot of changes have been made which would possibly make it desirable to keep going forward and implementing all of those changes by adopting the Comp Plan Amendments- both those that they have already agreed to as well as those which they have 'kind of committed  to. He briefly  reviewed Urban Service Areas, Private Property Rights, Local Initiatives and Referenda as well as the Permitting Programs. He said the local governments are still encouraged by Florida Statute to designate Urban Service Areas in their Comp Plan.

 

He also explained the Statutory  revisions don't  mean the Agreement reached between  the County and DCA is automatically  revoked by any means - that  basically isn't  as relevant because it has been adopted in the County's Comp Plan that they will make the Area Plans by specific dates, that those dates have been exceeded and changed over time, but that is in the County's Comp Plan and they still "Must  Comply With Their Comp Plan".  He further stated it may give the County an opportunity  (if they want) to amend their Comp Plan to remove the Area Plans- for instance say "Maybe we don't want to do these Area Plans anymore; maybe we'll talk to DEO about whether or not they still want us to do them and they may say 'we don't care' and you can amend your Comp Plan accordingly."


 

Vice-Chair Ganus "I'm  somewhat confused. Are you (Mr.  Weiss) equating the Area Plans - Wetumpka-Lake Talquin and Hwy 90 Corridor with Urban Service Areas? Are they going to be one in the same?"

 

Mr. Weiss "The way I understand it, and the way I think your Comp Plan reads is these Area

Plans that you are planning to establish are Urban Service Areas".

 

 

Vice-Chair Ganus "Our current USAs in our Comp Plan have far different requirements to what the Area Plans are going to have as far as density, intensity, requirements for infrastructure­ that sort of thing."

 

Mr. Weiss "Yeah and I think the way- did you want to jump in (directed to Mr. Matheny)?" Mr. Matheny "No, go ahead. I'm fine listening."

Mr. Weiss "Why don't I take another look at that as it's kind of a- they don't all have to be the same. I mean you can have different Urban Service Areas with different requirements so what you're doing right now is creating an Urban Service Area for the Lake Talquin-Wetumpka area so it can have different requirements than other Urban Service Areas."

 

Mr. Matheny "I agree with that totally and I think when we get the consultants in here they are going to take a look at that whole issue in the area and advise us accordingly; you know do we need to do away with some of that, do we need to go back to the now DEO and discuss that further or do we need to continue.  I think there's a lot of discussion that we're going to need a little advice from our consultant when they're hired."

 

Vice-Chair Ganus "So what we're saying here is the new requirements for USAs are not going to be as stringent as the old requirements were?"

 

Mr. Weiss "I don't know that- Yes- I don't know how to answer this. There were specifics in terms of USAs; you probably have a little  more flexibility  with regard to what goes into them. Now they've never been a requirement under Statute. I mean these have always been optional elements to your Comp Plan. Now I think DCA tended to push these a little bit more and that's how it ended up that you had a Compliance Agreement with them to create these. Given the thrust of this Legislature that has kind of been to deregulate some- or a lot at the State level, they may not be as concerned with you establishing these USAs. That's what I'm saying and I think Anthony is right.   I mean I think that's something that if ya'll decide you may not be as interested  in doing, it's  probably something you should talk to  the  consultant about. The consultant probably goes to DEO- well, still DCA until October 1; and talk to them about it and kind of see; but I think it does give you some, maybe -well, at least the opportunity  to have a conversation in the event that's what you want to do.  Now again,it's in your Comp Plan right


 

 

 

 

 

now so you still have to comply with your Comp Plan. If you want to continue  pressing forward with it, it's in your Comp Plan to do it."

 

Commissioner  Allen "I believe  in that  stipulated Settlement Agreement  you're  referring to  in the Areas Plans, I believe it pretty much spells out what  can be done and what  can't be done in the Area Plans."

 

Mr. Weiss "Within the Area Plan itself?  Okay, well, I mean I think you still - ! think that it being a dopted  into  your current  Comp Plan - and I assume it was probably  adopted  into your Comp Plan in-"

 

Commissioner Allen "It was adopted in 2009, right. Obviously that's a little bit worn out"

 

 

Vice-Chair Ganus "I think this is an area that we need to keep our eyes on though,because if we start  deleting  down Urban Service Areas, you know  a lot of things could happen  that  would be detrimental to the environment and a whole lot of things, I think."

 

Commissioner Allen "Yeah, that's true."

 

 

Mr. Weiss " I'm not advising that you do any of this, I'm just telling you that you may have some more options now and that's the only thing I wanted to mention on this."

 

In response to Vice-Chair Ganus, Mr. Weiss said he would make the same presentation to the Board of County Commissioners- said he will tell them all of the legal requirements -will tell them   the same  thing  he  has  told  the  Planning  Commission  that   just  because  the   legal requirements have changed doesn't  necessarily mean "you have to ditch  what  you've  done,"

and he said he thinks that is the point  to make.

 

 

Mr. Weiss gave two websites the Commissioners could go to for more in depth comprehensive analysis/review of the two bills discussed in his power  point presentation.

 

http://www.flsenate.gov/Session/Bill/2011/7201 http://www.lOOOfof.org/reform/7207Bii1Summaries.asp

 

There was brief  discussion concerning size of staff at the DEO to  handle all inquires, etc., and Mr. Weiss said based on anticipation, he feels the staff is going to be significantly  reduced, but doesn't  believe there  is an answer as to how many positions  there  will actually be in the new Division  of  Community   Development. He  also  said  it is  his  understanding with   the  new

procedures  and less State over sight,they won't need as many people.

 

 

Commissioner Tranchand stated several residents in his district  have expressed an interest  in the annexation  issue and inquired of Mr. Weiss if the new Statutes address annexation  or any

 

PlANNING COMMISS I O N


 

 

 

 

 

changes and Mr. Weiss said not that he is aware of, but added he had not reviewed all of HB

7202 with a fine tooth comb but that he doesn't believe it addresses annexation.

 

Vice-Chair Ganus called for  any additional  questions from  the Commission and none were stated. He then thanked Mr. Weiss for his help and tonight's presentation.

 

Mr. Matheny said he had nothing further  for tonight and added that he believes there will be several items coming before the Commission next month -couple of applications requesting Land Use Amendments - waiting on applicants to complete applications and pay fee; another one which is similar to the Murray Seay situation where the applicant has stated an original error was made on their land use designation and they want the Planning Commission to take a

look at it.

 

Vice-Chair Ganus asked Mr. Matheny if he had had a  chance to consider his suggestion for a project  list  for  the  Planning Commission so they  would  be  able  to  keep up  with  where everything is and Mr. Matheny said he had- that he and Mr. Brown have started talking about it; said they are still in the infancy stage of figuring out how to do it.  He said they want to put a "huge"  one on their  wall so the staff can track everything and then possibly give a smaller version to the Commissioners indicating where the projects are; whether they have received approval (DCA if required) or BOCC approval or denial. He said he could not give a real timeline as to when it would be available but suggested possibly within the next meeting or two.

 

Vice-Chair Ganus announced the  up-coming retirement  of the  Deputy Clerk and expressed thanks to her for all of the work she had done and he asked that  the Commission give the Deputy Clerk a hand of appreciation. The Deputy Clerk was very appreciative of his comments.

 

There was discussion concerning absence, excused and unexcused of the  Planning Commissioners and the  request for  the  Deputy Clerk to  put  together  information  she has obtained  from  various counties covering this issue. The Deputy Clerk explained there is no "written" definition for excused absence for any of the Commissions, she explained the general practice  of  the  BOCC  in  handling  absences and  she  will  e-mail  the  information   to  the Commissioners as well as to Mr. Matheny so they can move forward in developing a written policy for the Planning Commission on absenteeism. Vice-Chair Ganus requested the Deputy Clerk also cover in this information,  the need for staff to keep phone calls going from the Department to the Commissioners to find out who will and will not be able to attend any given meeting.  He said that helps serve as a reminder for everyone of the meeting and also helps in knowing whether or not there will be a quorum for such meeting. Commissioner Bridges-Bright also suggested  a text message alert could be used for reminding Commissioners of meeting.

 

 

 

********************************************


 

 

 

 

 

 

 

 

ADJOURNMENT:

 

 

 

THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE PlANNING COMMISSION AT THIS

TIME,THE MEETING WAS DEClARED ADJOURNED AT 7:40PM.

 

 

 

 

 

 

 

 

VICE-CHAIR lARRY GANUS

 

 

 

 

 

 

 

 

Jean Chesser,Deputy Cieri<


 

 

 

 

 

 

 

Gadsden County Board of Planning Commissioners

Agenda Request

 

Date of Meeting:           September 15, 20 II

 

Date Submitted:       August 25, 2011

 

To:                            Honorable Chairperson and Members of the Planning Commission

 

 

Fmm:                         Anthony Matheny, Planning & Community Development Director

 

Subject:                      Bostick Road Future Land Use Map Amendment (CPA-2011-02)

for Parcel #'s 2-27-3N-2W-0000-00123-0IOO, 2-27-3N-2W-0000-

00210-0100, 2-27-3N-2W-0000-00123-0300, 2-27-3N-2W0000-

00210-0500, 2-27-3N-2W-0000-0021 0-0600, 2-27-3N-2W-0000-

00210-0400, 2-27-3N-2W-0000-00123-0200

 

 

Statement  oflssue:

 

Pla1111ing & Community Development (P&CD) is requesting an administrative amendment to the Future Land Use Map (FLUM) to change the land use category on seven (7) parcels totaling 34.75± acres from Commercial (COMM) to Rural Residential (RR) to reflect the actual land use of the properties and to establish a land use designation consistent with the existing use of the property on the FLUM (Attachment #I &2).  This amendment does not qualify as a small scale amendment per Chapter 163.3184, Florida Statutes.

 

At this public hearing, the Planning Commission is requested to make recommendation for transmittal of a FLUM amendment to the Florida Department of Economic Opportunity (DEO), Division of Community Planning (DCP).

 

Bacl<ground:

 

The subject properties are located north and adjacent to the Havana Golf and Country Club,  west of the CSX Railroad tracks and U.S. 27 (Florida-Georgia Highway)  These properties are part of a COMM designated area located in Township 3N, Range 2W, Section 27 (Attachment #I).  Access for the majority of the parcels is Bostick Road, a private residential roadway, and Red Fox Lane. Neither was constructed for commercial development. Access from S.R. 27 (FLA-GA Highway) is via Country Club Drive.

 

In 2010, Molly Coleman Wilson inquired about selling her 3.03± acre parcel and discovered her property, her mother's,  her brother's,  as well as  and four  (4) other adjacent propetties were designated COMM as of the adoption of the Comprehensive Plan Future Land Use Map (November 26, 1991).  The COMM designation made five (5)


 

 

 

Planning Commission Agenda Request

Bostick Road Administrative FLUM Amendment (CPA-2011-02)


::j:j-5-

 

September 15, 2011


 

of these seven (7) properties legal nonconforming uses for residential development (Subsection 5003.B of the Land Development Code (LDC)).   Ms. Wilson discussed the issue  with the other six (6) affected  property owners.  P&CD  met with these property owners and discussed their options. The property owners signed a petition requesting that the Future Land Use Map Designation on their property be changed from COMM to RR (one resident unit per acre) (Attachment #2).  At the August 2, 2011, the Board of County Commissioners (Board) directed P&CD to process an amendment for this area.

 

Five (5) of the seven  (7) properties  contain a residential  dwelling  unit. The  property owners agree their parcels are "unsuitable  for commercial  development".  They believe that the decision to designate their property as COMM was in error and would like the County to amend the FLUM from COMM.

 

Land Usc:

 

While designated COMM, the area is developed with single family residential uses and vacant properties.   Of the seven parcels, five are homesteaded with single family homes:

 

Parcel Identification Number                Property Owner            Acreage          Use

 

2-27-3N-2W-0000-00123-0100

S & N Cunningham

2.7

SF

2-27-3N-2W-0000-00210-0100

S & S Boddery

13.44

Vacant

2-27-3N-2W-0000-00123-0300

S & S Boddery

2.00

SF

2-27-3N-2W-0000-00210-0500

Charles Coleman

3.59

Vacant

2-27-3N-2W-0000-00210-0600

Mollie Wilson

3.03

SF

2 -27-3N-2W-0000-00210-0400

Sara Coleman

8.97

SF

2-27-3N-2W-0000-00123-0200              David O'Brien               1.02                 SF       

 

Total                             34.75                 5 SF Units

 

The amendment parcels are bounded by the following Future Land Use Categories and uses (attachment #2):


Direction           Future Land Use Category


Existing Land Use


 

North East South West

Analysis:


Agricultural 1 (AG-1) (1:5) Commercial (COMM)

City of Havana

 

Rural Residential


Dixie Farms Subdivision

 

CSX Railroad

 

Country Club Estates 1

 

Pastureland & SF


On the adopted November 26, 1991 through April, 1997 Future Land Use Maps (FLUM) (hand colored), these parcels are shown  as being bisected  from north to south by two FLU categories:   Agricultural 1 (AG-1) (1 unit per 5 acres) and Commercial (COMM) (Attachment #4).  While not specifically known, the eastern portion of the property may have been designated COMM due to its adjacency to the CSX Railroad tracks.  The FLU division  runs approximately  north and south along Bostick Rd. before it curves to the west (attachment #2).   Since July 1, 1999, these parcels have all been designated COMM


 

 

 

Planning Commission Agenda Request

Bostick Road Administrative FLUM Amendment (CPA-2011-02)


.  IL,··­

·P-..:;,

 

September 15, 2011


on the FLUM (attachments 2 & 5). However they remain vacant or have developed with single family residential uses.

 

Development for RR is based on one unit per acre (1:I) of net developable area (Gross area  less  environmentally  sensitive  lands  such  as  wetlands).     If  an  amendment  is approved  to RR, the development  potential  increases  to up to  22  units  based on  net density (34.75 acres less seven (7±) acres of environmentally sensitive areas equals 27.75 acres. 27.75 acres/!unit per acre  less five existing residences equals 22.75 ).  Since the properties contain five (5) existing dwelling units, the maximum additional units would be 22 dwelling units.   However, it is unlikely the maximum density will be achieved based on the existing development/ownership  pattern of the parcels.

 

Bostick Rd. is a sub-standard private roadway.   The right-of-way is not wide enough to meet  County  requirements   nor  is  it  constructed  for  commercial  use  or  expanded residential use.

 

Utilities and Transportation:

 

Electric and water utilities are provided to the amendment parcels by the City of Havana. The City has been contacted to confirm that there is adequate capacity to support the land use change (Attachment #8).  Any additional capacity requirements would be required to be provided by the developer.

 

Per the Institute of Transportations Engineers, Trip Generation Eight Edition, a detached dwelling unit generates 1.02 trips per unit during the Weekday P.M. Peak Hour.  No new development is proposed.  However, should the maximum 22 additional units be reached, it would result in 22.44 additional peak hour trips (64% entering, 36% exiting.).

 

Public School lmnact:

 

The School Board has been notified of the proposed amendment and has been requested to provide a capacity determination (Attachment #8). The impact of up to a maximum of

22 residential units is not anticipated to negatively impact school capacity.

 

Fiscal Impact:

 

There is not an anticipated immediate fiscal impact.

 

Public Input:

 

This application is subject to the provisions of Section 7001.1, the Citizens Growth Management  & Planning Bill of Rights.   A Citizen's  Planning Meeting was advertised and held on August 25, 2011 to discuss the amendments with area residents.   Those in attendance were in support of the amendment and  no issues were raised.

 

Findings:

 

Upon review of the land use amendment the following findings are presented:

 

1.  The  land  use  amendment  is  internally  consistent  with  the  Gadsden  County

Comprehensive Plan and specifically with the Future Land Use Map, The Future


 


Planning Commission Agenda Request

Bostick Road Administrative FLUM Amendment (CPA-2011-02)


September 15, 2011


Land Use Element Objective 1.1, Policies 1.1.5(B) Rural Residential and the

Concurrency Management plan requirements.

2.  Available  supporting  documentation  indicates  that   the  proposed  land  use

amendment is compatible with and will not adversely affect area properties, or properties in the County as a whole;

3.  The amendment will not significantly increase the amount of land in the Rural Residential (Im.) future land use category or significantly decrease the amount of land with Commercial (COMM) future land use category and will more closely

reflect the existing development pattern (Policy 1.1.2);

4.  The amendment is requested to correctly reflect the development pattern of the area  as  it  relates  to  the  existing  infrastructure and  roadway  system.  The

amendment reflects the existing residential development pattern of the property. Approval of the amendment will decrease the existing nonconformities in compliance with Policy 1.15.4.

5. The amendment will not negatively impact or increase the demand for infrastructure including schools, transportation, water and sewer (Objective 4.1, Infrastructure Element, Policy 2.2.4 Traffic Circulation Element, Policy 10.1.1

Public Schools Facility Element);

6.  Rural    Residential     density   is     based   on   net    density    (gross   density   less

environmentally sensitive lands).  All future development would be required to maintain natural buffers and setbacks from environmentally sensitive lands located on the northwest corner of the property (Policy 5.2.7 Conservation Element).

7.  The existing parcels are one (1) acre or greater and are served by City of Havana

electric and water. Sewer service is not available.

8. Daily Peak Hour Trips are not anticipated to increase without significant infrastructure improvements and may be less than if the property was developed as a commercial use. Existing access to these parcels is from a private local

roadway (Country Club Road) and a substandard private roadway (Bostick Road).

9.  There are no historically significant features on the propetty.

10. The  proposed  amendment  complies  with  the  general  criteria  applied  when considering land use amendments as described by specific compliance with the above mentioned Comprehensive Plan objectives and policies including being substantially adjacent to existing RR land use to the west (Policy 1.1.5(B) and provides for compatible and consistent land uses since most of the propetties in the area are developed with single family homes or agriculture.

11. The proposed land use amendment will promote the public health, safety, welfare, economic order, aesthetics and quality of life in the community and region by providing for uses permitted in the Comprehensive Plan including reducing the

amount of nonconforming properties.

 

Code required standards:

 

A change in land use category designation on the FLUM is to be reviewed under the

Type IV Procedures per Subsection 7403 and 7204 of the LDC.


 

 


Planning Commission Agenda Request

Bostick Road Administrative FLUM Amendment (CPA-2011-02)


September 15, 2011


Planning Commission Requested Action:

 

The Planning Commission and Board of County Commissioners shall make findings as to whether the applicant has demonstrated  the proposed development is consistent with the Gadsden  County  Comprehensive  Plan  and  Land  Development  Code  (LDC). Amendments  must  be  justified  by  adequate  data  and  analysis  prepared  prior  to  the transmittal stage (Subsection 7403). Pursuant to Subsection 7406, in preparing its recommendation, the Planning Commission shall:

 

A.  IdentifY the Comprehensive  Plan policies that govem  the decision  and prepare findings describing  whether the proposal  complies or fails to comply with these policies or intent of the plan.

B. State   reasons   for   and   make   recommendations   to   the   Board   of   County

Commissioners,  which may include policy advice of the Planning Commission in addition to the findings described

 

Options:

 

1.        Approve a 'draft'   Ordinance  for the Bostick Road  Administrative  Future Land Use Map  Amendment  (CPA-2011-02)  to amend the adopted  Future  Land Use Map by changing the land use category on seven (7) parcels totaling 34.75± acres from Commercial (COMM)  to Rural Residential (RR) (1:1) based on the above listed findings and a determination of consistency with the Comprehensive Plan.

 

2.         Deny the Bostick Road Administrative Future Land Use Map Amendment (CPA-

2011-02) to amend the adopted Future Land Use Map by changing the land use category on seven (7) parcels totaling 34.75± acres from Commercial (COMM) to Rural Residential  (RR) (1:1)  and identify specific policies and reasons/findings why the amendment should not be approved and is inconsistent with the Comprehensive Plan.

 

3.         Discretion of the Board.

 

Recommendation:

 

Option #1

 

Attachments:

 

1.  Public Hearing Notices & Location

2.   Property Owner Petition

3.   Future Land Use Map  & Aerial (with existing land uses and proposed land uses)

4.   Ordinance 2011-XX, 'Draft'

5.   November 26, 1991 FLUM

6.   December 28, 2000 PLUM

7.   Board Minutes, August 2, 2011 (If Available)

8.   Capacity Determination Requests (School Board, Havana Utilities)

9.   Expedited State Review Process- Flow Chart

10. CBR Attendance Sheet, August 25,2011

 

\\Gadsdenl\planning & zoning\Comp Plans\Amendments (by Year)\CPA-2011\CPA 2011-02 Bostick Rd\Bostick CPA-2011-02 PC

Agenda Request 0915ll.doc


 

 

 

 

 

 


COMMISSIONERS:

EU GENt: lAMB, JR.

District 1

DOUGLAS 1\tl, CHOI.E'/ District 2

GENE MORGAI\l

Distrlct 3

BREN DA A. liOl.T

District 4

Sl-lf:RRY I"AYLOR

District 5


 

 

 

GADSDEf\COUNT'f

BOARD Of COl»NlV «:OfN Mij§§ ONt §

EDWARD}.HUTLBR

GADSDEN COUNTY GOVERNMENTAL COMPLEX DEPARTMENT OF PLANNING & CO lliillNlTY DEVELOPMENT


Arthul' lawson, Sr.

Interim County

Administrator

 

Deborah  S. Minnis

County Attorney

 

Anthony Matheny

DIRECTOR

 

H.Clvde Collins

Building Official


 

 

<ClTirZJEN PAR'fiCllPA1I'liON lVii1ElE1I'IING NOTICE

 


Projed Name: Project Number:

'fax  ID #s:


Bostick Road Future l,and.Use Map Amendment

CPA-2011-02 - Citizen Particit>ation Meeting

2 27··3N-2W-0000u00123-0100, 2-27< N-2W-0000..00210-0100,

2-27-3N-2W-0000-00123-0300, 2-27-3N-2W-0000-00210-0500,

2·27-3N-2W-0000-00210-0600, 2..27-3N-2W..0000-00210-0400,

2-27-3N-2W-0000..00123-0200


 

NOTICE IS HEREBY GIVEN  that in accordance with the Gadsden County.Citizen's Planning & Growth Management Bill of Rights, the Gadsden County Platming & Community Development Department is holding a public citizens pa1iicipation meeting at 31() Bostick  Rd, Havana, FL  on   Thursday, August  25, 2011 at   6:00· p.m. This public participation meeting is scheduled to consider a proposal to amend the Gadsden County Comprehensive Plan, Future Land Use Map by changing the adopted land use district from the Commercial (COMM) land use category to the Rural Residential (RR) (1:1)  land use category on seven (7) parcels totaling 34.75± acres, located north of the Havana Country Club, on Bostick Road and the north side of Red Fox Lane, west of the CSX Railroad tracks and SR 27 (FLA-GA Highway) as indicated on the attached location inap .(on the back of this notice). This notice is bei11g provided to all property owners within 0.50 of a mile of the subject amendment site as required by Subsection 7001.1 of the Gadsden County Land Development Code.

 

After consideration at a public participation meeting and the identification and discussion of any issues, the amendment will be scheduled for a public hearing at a later date. Copies of the proposed amendment will be available at the Planning & Community Development Depattment, lB East Jefferson Street, Quincy or on the Gadsden County website at  gadsden gov.net.  If a person decides to appeal a decision by the Board of County Commissioners with respect to any matter considered at such public hearing, he/she will need a record of the proceedings and for such purpose he/she may need to insure that a verbatim record of the proceedings is made, which record includes testimony and evidence to which the appeal is to be heard.

 

 

 

 

J.-B   F.ast JeHerso11 Street'- P.O. f3o;< .l799"Q.tlinr.y, Fol r icfa 37.:!>53-.l799o(SSO)f3'/!-i lJGG3 or (350)JJ75-8664)


r:-<r


(SS(}}lf/5-77.20 WVJ  I.Ga1lsdengov.n et


d:i-5)

 

 

 

 

 

BO§'lrJICK ROAJt:» 1LO<CA1r[ON MAJP> JFU'lrliJRJE 1LAND  l!J§E MAJP> AMJENDMIEN1'

 

 

 

A Citizen,s  Participation Meeti ng has been scheduled at the amendment site.  The public is encouraged to please attend this meeting to discuss the proposed amendment and to identify any issues.

 

 

 

LAND USE MAP CHANGE FROM COMMERCIAL TO RURAL RESIDENTIAL (RESIDENTIAL UP TO l UNIT PER ACRE)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

\\Gadsden1\planning & zoning\Comp Plans\Amendmenls (by Year)\CPA-2011\CPA 2011-02 Bostick Rd\CBR PHN Bostick Rd .docx


 

 

 

 

 

Date:


 

PETITION REQUESTING GADSDEN COUNTY LAND USE MAP CHAl\JGE


·.     [£))  © w.n   w.

M 'f    220\\       \\YJ


To:                   The Honorable Gadsden  County Board of County Commissioners

 

From:               Bostick Road Property Owners


P-lANN\NG & ZON\N-G


 

We the undersigned property owners  request that the Commercial Future Land Use Category  for  our respective prop6rties·be changed by the County  to Rural Residential (1 dwelling  unit per acre) to correct what we believe to be the incorrect  designation of our property as  Commercial Future Land Use. Our properties lJ.ave been developed as a residential neighborhood on an unpaved private roadway and/or easement; Corrt.ain no commercial uses; are adjacent to Rural Residential uses as required by the Comprehensive Plan; and as such we believe are  unsuitable for commercial development. In addition, the Commercial designation has made the sale of property uncertain as a nonconforming residential use in a Commercial land use category.  Thank-you.

 

Name                                                   Address                                   Tax I.D. #                                        Signature


 

 

Sam & Nell Cunningham


 

310 Bostick Rd, Havana             2-27-3N-2W-0000-00123-0100


s ----ev --1t-

'1t2LL      J.Avt


SimonBoddery Jr.                      360 BostickRd, Havana             2-27-3N-2W-0000-00210-0100                  4,c4;;_--";v_... ,f/

P _50-.Q.o....Boc::k:i.e..Q..\,f                                                                                                                            ,_   ;,  ,.{  . C                                                                                                          ;./                                                                                                          f                                                                                                                                                                 7Ji/l'l


Simon & Sara Boddery   t          320 Bostick Rd, Havana             2-27-3N-2W-0000-00123-0300                .-  ,     v:,


/1    -<2--------;


 

 

Charles Foster Coleman             999 Shorewood Dr., Medina, Oh 444256


 

2-27-3N-2W-0000-00210-0500


tf/)..-f_,    ,Q-. --4- £---t-t  xD:?

{J;j  ;:-


 

Molly Coleman Wilson               480 Bostick Rd.                         2-27-3N-2W-0000-00210-0600

 

 

Sara C. Coleman                       440 Bostick Rd.                         2-27-3N-2W-0000-00210-0400


uu    J

 

(},            V1'1 Ov---./


 

David O'Brien                            195 Bostick Rd.                           2-27-3N-2W-0000-00123-0200


'/L')


/J          '


_U\


L/

 
, .!._) />.-. ..:../ -t:J   -n/- ""                             /


Bostic< RdProposed Land Use

 

 

 

 

 

-.o:•u                                                 "                        ..

g

0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Red Fox Ln


 

 

 

N

 

 

 

 

 

1 @h §"imfts_2_For_1

0   ·.  Gad de t tions_Edit

_ ,p;.       County

....    GIS

I'Jater_llnes20070802

- · <all other values>

Owner

'Chattahoochee

Gretna

-   Havana

 

-   Quincy

-. Talquin

-+- Railroads

Dparcels_20100305

FLU20061129

LAND USE

AG1

I ( AG2

 

0AG3

D coM

DCONSERVATION Light Industrial RR

D Silviculture

USA

fllslorical

I _  I industrial lake mining

municipal

 

1  public

nrecreational


270                 540

 

 

 

 

The information shown on the map is from the best available data at

the time. Gadsden County assumes no responsibility for any errors or inaccuracies shown on the map.


-:1bsI

 

 

 

 

BosticJ< Road Future Land Use Map - Existing

 

N

 

 

 

Legen


 

,

"                 "

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fox Ln


1 h 4  8"iJOOs_2_For_1

o A Godsu ;11tions_Edil

_ g mty

watcr_llnes20070802

-· <all other values> Ownet' Chattahoochee

Gretna

Havana

 

-   Quincy

 

·-     Talquin

-+-- Railroads

D parcels_20100305

FLU20061129

LAND USE

1 AG1

l-   j AG2

0AG3

O coM

D CONSERVATION

Light Industrial

RR

CJ Silviculture

USA


 

 

lake mining municipal

pubilc

0recreational

 

 

 

 

 

The information shown on the map is from the best available data at

the time.  Gadsden County assumes no responsibility  for any errors or inaccuracies shown on the map.


/d-   -

7 1     (

/

 

 


Bostick Road Future Land Use & Wetlands

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CO    ==::::530c5==::::i610========:i1,2},1


 

 

Legend

 

@  Appll}.!ns_2_For_1

_Applications_Edit

 

 

 

 

=

 
Owne r

1ncn    593 feel

v...

 
f""h..,f t ..,h.....,..,.ha.o

Gadsden county

._ GIS

-   Havana

Quincy

-   Talquin

-I- Railroads

Dparcels_20100305

DFloodzone_09

Ottbot

- creeks

NWI (Wetlands)

DLake talquni

FLU20061129

LAND USE

AG1

IAG2

0AG3

D coM

D CONSERVATION

Light industrial

RR

D Silviculture

USA historical industrial lake mining municipal

1 public

D recreational


 

 

 

The information shown on the map is from the best available data at

the time. Gadsden County assumes

no responsibility for any errors or inaccuracies shown on the map.


 

 

 

 

 

DRAFT

 

ORDINANCE 2011-0X

 

AN  ORDINANCE  AMENDING  THE  GADSDEN COUNTY  COMPREHENSIVE   PLAN  FUTURE  LAND USE MAP, BY ADOPTING A SINGLE FUTURE LAND USE MAP AMENDMENT, KNOWN AS THE BOSTICK ROAD FUTURE LAND USE MAP AMENDMENT; AMENDING THE OFFICIAL FUTURE LAND USE MAP OF GADSDEN  COUNTY  BY  CHANGING  THE  LAND USE OF PROPERTY TOTALING 34.75 ACRES, AS SHOWN ON EXHIBIT 'A', FROM COMMERCIAL (COMM) TO RURAL RESIDENTIAL (RR); PROVIDING FOR SEVERABILITY AND PROVIDING AND EFFECTIVE DATE (CPA-2011-02).

 

 


Whereas,·

 

 

 

 

 

 

 

Whereas; Whereas,·

 

 

 

Whereas; Whereas;

 

 

Whereas,·


The Gadsden County Planning Commission, seated as the Local Planning Agency, has individually heard the proposed administrative  Future Land Use amendment and made appropriate conunent and recommendation to the Board of County Commissioners; and,

 

 

This hearing has been duly noticed in accordance with the Florida Statutes and the Gadsden County Land Development Code; and,

 

 

As required by Section 163.3189, Florida Statutes, the Board of County Commissioners  held a public hearings on said ordinance and provided the appropriate legal and public notice, and received public conunent on the proposed land use map amendment; and,

 

 

The amendment is known by the name of the "Bostick Road Future Land

Use Map Amendment (CPA-2011-02); and,

 

 

Gadsden  County has provided sufficient data and analysis necessary for submission  and justification  for  adoption  of  tllis  administrative amendment; and,

 

 

This  amendment is necessary to correctly reflect the existing and future use of the subject amendment parcels as residential;


 

 

 

 

Wltereas;        This Future Land Use Map amendment changes the Future Land Use Map designation on seven (7) parcels consisting of approximately 34.75 acres from the Commercial (COMM) future land use category to the Rural

Residential (RR) (I: I) future land use category; and,

 

 

Whereas;         The proposed Future Land Use Map amendment complies with Chapter

163.3187(l)(c) of Florida Statutes.

 

 

NOW,  THEREFORE,  BE  IT  ORDAINED   BY  THE   BOARD  OF  COUNTY COMMISSIONERS OF GADSDEN COUNTY, FLORIDA AS FOLLOWS:

 

 

SECTION 1:          Approval of Amendment

 

 

We, the Board of County Commissioners of Gadsdeu County, Florida hereby adopt the Bostick  Road  Future  Land  Use Map  amendment  to the  Gadsden County Comprehensive Plan, Future Land Use Map, by changing tlze adopted Future land use designation on seven (7)  parcels totaling 34.75 acres, referred to by Tax Parcel I.D #'s

2-27-3N-2W-0000-00123-0100,    2-27-3N-2W-0000-00210-0100,    2-27-3N-2W-OOOO··

00123-0300,  2-27-3N-2W0000-00210-0500, 2-27-3N-2W-0000-00210-0600, 2-27-3N-

2W-0000-00210-0400, 2-27-3N-2W-0000-00123-0200, from the Commercial (COMM)

future land use categ01y to the Rural Residential (RR)(l:1) future land use categ01y on tlze property described in Exhibit "A":

 

 

SECTION2:        Severability

 

 

If any portion of this amendment shall be challenged and/or annulled, no other provision or approval of this amendment shall be affected and no other element of the Comprehensive Plan shall be affected.

 

 

SECTION3:       Effective Date

 

 

Having  been herein approved  by  the Board of  County Commissioners, this amendment to the Future Land Use Map will be effective upon adoption of said amendment as provided in Chapter 163.3187 (!)(c), Florida Statutes, and Rule 9J-11.015, Florida Administrative Code.   Future Land Use Map amendments shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, this amendment shall not become effective until the state land planning agency or the Administration C01mnission, respectively, issues a final order determining the adopted small scale development amendment is in compliance.


 

 

 

 

Wherefore, Be  it  hereby  Ordained: That  the  Gadsden County Board  of  County

Commissioners, hereby adopts the above named amendment to the Gadsden County


Future Land Use Map, on this             day of


              , 2011.


Signed:

 

 

 

 

Sherry Taylor, Chairperson                                                       Date

Gadsden County Board of County Commissioners

 

 

 

Attest:

 

 

 

 

Nicholas Thomas, County Clerk                                                 Date

 

 

 

 

Attachment- Exhibit "A"- Bostick Road Futm·e Land Use Map- Amended


Wherefore, Be it iltm:elby Ordainned: That the Gadsden County Board of County Commissioners,  hereby  adopts  the  above  named  amendment  to  the  Gadsden  County Future Land Use Map, on this           day of                , 2011.

 

Signed:

 

 

 

 

Sherry Taylor, Chairperson                                                       Date

Gadsden County Board of County Commissioners

 

 

 

Attest:

 

 

 

 

Nicholas Thomas, County Clerk                                                Date

 

 

 

 

Attachment- Exhibit "A"- Bostick Road Future lLand Use Map- Amended

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

\\Gadsdenl\planning& zoning\Comp Plans\Amendments (by Year)\CPA-2011\CPA 2011-02  Bostick Rd\BOSTICK RD FLUM Ordinance 2011-xx.doc


Attachment 'A' =  Bostic( Road (CPA-2011=02)

 

N

 

0

 

 

Legen

 

1 @h.{\pPJtWiMs_2_For_1

0  ·.  Gadsd i, ltions_Edit

County

-          GIS

l'later_llnes20070802

<all other values>

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fox Ln


Chatlahoochee

 

Gretna

-   Havana

Quincy

_., Talquin

-1- Railroads

Dparcels_20100305

FLU20061129

LAND USE

AG1

['    ] AG2

 

Q AG3

O coM

D CONSERVATION

Light Industrial

 

RR

DSilvicullure USA Dhistorical

] industrial lake mining

municipal

1 public

[ l recreational


 

 

 

 

The information shown on the map is from the best available data at

the time.  Gadsden County assumes

no responsibility  for any errors  or inaccuracies shown on the map.



-:=-r -,-:-:-.-·


r=.;


..,_·.--


':!_  . ..;


,.. I ,


:.rO?


....

·( .


 

,.,


 

l:l


.: .( .


f .

---

 

,.,    ..

 

r

 
.·.,.":.'.,.  ·L·,....,,- ) .,.., J"!. '---·:.. 7......., r;:.!ro.ut ·,;,J  ...  v

 

 

 

-'·

,.       ::- \..


 

 

 

 

lEGEND


,·"-'      .


RES ! DFNT··


'3   I               .

y   ·


K E Y


LAND  USE

- - --·           -----

URBAN SERVI CE ARt

R.uR\LI" 1              "1"-.".."""'''""'  :I DEf'\,: .I.. I. P.\ .


UiI Ts-;-ACl

 

 

.._      i

 

I     *'


.  AGR  .i


L.                                                r_                                                !

CULTURAL  1


.  AC;R I CUL TUR/\L   ?

AGR i CULTURAL 3

CONSERVAT I Of\J

RECRE·AT I ON

COIVIrlr  RC I AL

;1 ND.US TR I AL

·H 1 STOR I CA.L

'

·fViI t\i f   NG

I

 
P'Lns .....GL.  i r'v·


'        .

 

 

 

.

 
r   -

.

L'   - ...        -

 

 

 

 

 

 

 

 

 

-r-:

 

 

0


 

 

 

 

 

-

 
L                 lc/....  ·"   1·,'N.     CrQ.',.,.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G1\J)SDEJ.\T    ·o  ·1·{

DET)A.RTIVlE\11.,  OF    PLAl\f['ril\ l ·          

5    J'.i"JL,\1...""1T       Jf..!C..:.Jl:lF.-,...t.IP.."·",:"::,'foN


1

 
POS'r    O Flf1lCE   BOX


1799


 

q·u·LN"CY


7'. 7L·,\...,...-...; >."r··t,, 4 \


32351


1'EL}4PI-


0}\, >.


fo...;.-...r. .t \r   

...       . - -


R \/ISEf)   .1


 

 

\  \:       / I


 

 

 

 

 

 

 

 

 

 

' .




 

D   l/'rban=/Se'rvice   5.· 1

D   RtJ/roLl=Residentictl1 1

g

 
D  Ag 1    1:5

4g2 1.·10

rl] Ag -3 1.·40

Conservo.Ltion      10.40

D RecreoLtional    1: 40

D Historical

IndustrioLl D 1v!ini'rtg D  l0ublic

D Commercial

 

 

 

 

JJ'EET

 

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

\BOARD Of !COUNTY COMM SS ONIEIRS AUGUST 02, 2011

(AS AVAJLAIBLIE)


 

 

 

 

 

 

 


COMMISSIONERS: EUGENE LAMB,m. District 1

DOUGlAS M. CROLEY

District 2

GENE MORGAN

District 3

BRENDA A, HOLT

District 4

SHERRIE TAYLOR

District 5


 

 

 

GADSDEN COUNTY BOARD OF COUNTY COMMISSIONERS EDWARDJ.BUTLER

GADSDEN COUNTY GOVERNMENTAL COMPLEX

 

PLANNING & COMMUNiTY DEVELOPMENT

 

2006 USDA Rural Development Community of the Year


Arthur tawson1 Sr.

Interim County

Administrator

 

Deborah s. Minnis

County Attorney

 

Anthony Matheny

Director


 

August 121 2011

 

Bonnie Wood

Assistant Superintendent of Schools

35 Martin Luther King Jr. Boulevard

Quincy} Florida 32351 (850)627-9651

 

Re:      Gadsden County Future Land Use Map Amendment- School Capacity Determination

 

Dear Ms. Wood:

 

Gadsden County is proposing a Future Land Use Map amendment that will increase the development potential of residential units on seven (7) parcels totaling 34.75 acres and accessing on Bostick Road (northwest of the Town of Havana). Over time the amendment would allow the number of residential units to Increase from five (5) existing residences to a maximum development potential of twenty-two (22) residentialunits. However, due to the existing number of parcels and development pattern it is not anticipated that the maximum number of residential units will be reached (See Attachment).

 

Gadsden County is requesting that your or the appropriate staff member please provide  a determination as to whether adequate school  capacity exists based on the 'Gadsden County lnterlocal Agreement for Public School Facility Plannlng1   (Polley 10.6.1 & 10.6.3  of the Gadsden County Comprehensive Plan). This amendment  is scheduled for a  public hearing by the Gadsden Planning Commission  at their September 15, 2011meeting.

 

Thank-you In advance for your timely response. If you have any questions, please contact me at

tz;c:,

 
(850)875-8663 or amatheny@gadsdencountyfl.gov. Sincerely:

?4(  -y'

Anthony Matheny

Planning and Community DEJ.Y&',m?.I/1J'r.I\ Ps 11S.\9 ct•P.o. Box 1199•Qulncy, Florida 37.353-1'/99

{850}875-8GG3  FAX {S-50}375·7?.80 www.gaclsclencountyfl.gov


 

 

 

 

 


COMMISSIONERS: EUGENE LAMIJ,JR. District 1

DOUGLAS M. CROLEY

District 2

GENE MORGAN District 3

BRENDA A. HOLT

District 4

SHERRIE TAYI.OH District 5


 

 

 

GADSDEN COUNTY

BOARD OF COUNTY COMMISSIONERS

EDWARD J. BUTLER

GADSDEN COUNTY GOVERNMENTAL COM.PLEX

 

PLANNING & COMMUNITY DEVELOPMENT

 

2006.USDA Rural Development Community of the Year


Arthur Lawson,St', Interim County Administrator

 

Deborah s. Minnis

County Attorney

 

Anthony Matheny

Director


August 12, 2011

 

Howard L. McKinnon

Town Manager

P.O. Box 1068

Havana,FL 32333-1068

{850}539-2820

 

Re:      Gadsden County Future Land Use Map Amendment-  Electric & Water Capacity

 

Dear Mr. McKinnon:

 

Gadsden County is proposing  a Future Land .Use Map amendment that will increase the development potential of residential units on seven (7) parcels totaling 34.75 acres and accessing on Bostick Road (northwest of the Town of Havana). Over time the amendment would allow the number of residential units to Increase from five (5) existing residences to a maximum development potential of twenty-two (22) residential units. However,due to the existing number of parcels and development pattern it Is not anticipated that the maximum number of residentialunits will be reached (See Attachment).

 

Gadsden County Is requesting that your or the appropriate  staff member please provide a determination as to whether adequate electric and water utility capacity is adequate and/or would be considered for expansion should development occur.   This amendment is scheduled for a public hearing by the Gadsden Planning Commission at their September 15, 2011meeting.

 

Thank-you in advance for your timely response. If you have any questions, please contact me at

{850)875-8663 or amatheny@gadsdencountyfl.gov. Sincerely:

r:Z

Anthony Mathey

Planning and Community Development Director

 

l·B E st Jefferson StreetP.O. Box  l199•Qulncy,Florida 3?.353·1799 (850)875·8663 FAX (8-50)375·7280 www.gadsdencountyfl.gov


Expedited State Review Amendment Process

Section 163.3184(3) and (5), Florida Statutes

 

 

Proposed Phase

 

Local government transmits three copies' of the plan amendment to the

State land Planning Agency and one copy to review agendas.''

                                         {\'rrth:n 10 d•:; ollnill•lpubllchio rlng)                                          

 

 

 

local government and agencies are riolified by State Land Planning

Agency of receipt of amendment.

{W:!h'n rra 1\'or\o:t"SS do)> <>f rec 'pt)

 

 

 

 


Reviewing agencies send comments directly to local Government and State land Planning Agency.

(M•JO\ blfCt-;;ed bJioc 1govarnm;,nt w:th\n 30 d;) s  cr r ei;:·t of

•rr,.,nd'l"l<nl by rev:fw  egenC:n}


State Land Planning Jl.gency Issues  its comment letter to local government.'{f! ;t h r•c i·,"N hy log ·''"'"T"'n\  w:;h!30 <!a)'S c-lre<  :::·t of

aTim:Jrr..,r·l ty St••  La."ld Pflnr.'ng ency)


 

 

 

 

 

 

Adopted     Phase

 

local government adopts plan amendments wlth effective dale. (\\lth!n 180 days after rece'pt  or agency comments)

 

 

 

Affected person may fila petition wah Division of Administra!ive Hearings with'n 30 days after the localgovernment adopts amendment.

 


I

Local government

I    notified submittal is

I

 
incomplete

{v. h1n5"or''j'"d•i·s of

I          !N: · t)

I

I I I


 

Incomplete


local government submits three copies 1of the adopted plan amendment to State land Planning Agency: one copy to agency or local government that provided \ime!y comments.

(W.:h'n 10  da1·s aMr ado; <on)

 

Complete

 

 

 

State Land Planning Agency


I      "Challenge" r---- c::

I

I

I            State land Planning


reviews adopted amendmenL (\'olth:n Y.l dl)'Hf re<: lpt or a cooT·I'·) g sdop <d p:n !m<!w.l Md)


 

 

 

Effective Date


"No Challenge"


I

 
I             Agency requesh hearing,OOAH

I

 
(O;,.;,:on cfMm'n!strat\a He••;n9;. O prlrl\H•I<I tli!.". g menl Serk•s)

I I

I              Administrative

L_             Proceedings

pursuant to s.120.57

end 163.3164(5), FS.

 

 

 

State land Planning Agency or Administrative Commission Final Order (Amendments

become effective if the Final Order

determines the adopted amendment is In compganca.)

 

June 2011


 

 

 

 

 

 

If challenged or found not in compliance negotiation may lead to a compliance agreement and remedial plan amendment pursuant to s.

163.3184(6), FS.


(Amendment becomes effective

31 days after Slate Land Plann'rng Agency

determines the amendment package is comp ete. No Petition was filed by an affected party).

 

 

 

1 Localgovernment should submit 1 complete paper copy and 2 comp ete electronic copies on CD ROMin PDF formalin order to assist in expecftl\n.g processing and revie-u.

2 Reviewing Agencies include: appropriate RegionalPlanning Council; Water Management D!s!rict; Department of Transportation;Department of Environmental Protection; Department of State; the appropriate county {municipal amendments only); the Florida Fish and Wildlife Conservallon Commission and the Department of Agriculture and Consumer Services {county p!an amendments only); and the Department of Education (amendments relating to public schools); and for certain localgovernments, the

appropriate military installation and any other local government or governmentalagency

that has filed a written request.

 

3 Comments must be received by local government no later than 30 days from the date on which the agency or local government received amendmenl

 

4 !f local government fails, within 180 days after receipt of agency comments, to hold second public hearing, the amendments shall be deemed withdravm unless extended by agreement and notice to Stale land Planning Ageocy and any affected party that provided comments on the amendment.


 

 


e   l"::,_"- '\}:A.  F:


 

 

>.£


 

'CJ


rJ      "


\

·-.•.


Q -,,


t-       ::;p


f"'       ·       \;)      "'       '   c.


,

 
I"        < 


0f".,    ..:.::::._"""


.                                       - :.


-

 
    i"-

-    . '                                              :


':\\ ·      -           z


)>

 
.,                                      ·) \::0     '        f'jt


t. ' .)j         r


 

',       "N


f   rk.),      sm:


tJ            If      .

"'             -            \:        ;- -         - J


 

t?

(\)

f::;                ('))


<'          ·:     ,. ,....       II\,          r0J


!:!.

J


':      


:     - '""


N

 
)           r     (;j


\J

(I)


+:     "'I


G,j


'•·           '•·


-t                    rn


c

 
rf ':

('>


<;:;                          -·C:


 

(}   ) .,


-...c::::         Jfl    ;lJ;.:i        'l"'


)>            Vi


 

 

f;?}


-

 
"                  \

I''


 

[/\


c

!-·              AI

 

. ',>..,

 
/)      {"..'         c         '"""


t"l    (\"'·


                             m


[,='?]

F


 

c"; .


'

{\)                                                 (l


-.     VI


I

 
"                          '.


P·c-.>,)


\ '      10··                  VI


-f'-.)


. - -.                   + \'

-


{ \)

.              0

 
- !.       0:>                  "lll


"'i'


It·              '(':,


.

 

(

 
6\                          \"''


=\.

'I


;2\J


Lh  U7         ''l                                      VJ


(\)          0-\


r.

(d)


\"i


H;                (


,<,      l                                                                 -t-u,    VJ   '1:1


.,

 

\

 
),                                h[)        '{'                 'D)

·

 

··-      ,,

 
;                      i          ""'


ll.: -"'


· r;,

'


-s.:>.


:::c


rT-'


.J,",J         


u,      'I        -

{.';"


(},


0'\',

 
.


I              l           0         I'G"RE\1

'\l       <::J:,          z


.

-.:l


?--'

..


,..._..:.\

-A                          \:')

-!'::


u)

-.:'_0,,


'!::,


l.J

<f<


lJ"j    m

...(:


(I)

(;:;;.

 
(


· .<


()'--                                    _'C:>                 G)


6"'  .


5'>                       2.


 

f\.:t                                     \)).',


)-'                              ·s:o

0c::-


; I        cs--. :':·.;:


          m         2


 

''{               E::J


t:-.                                        .":"-     s:


fi     ..


--.-"'


<.             Vi


•,   - ,


 

:-::-


""                     >   .-       df:

-  .                          m


K'

 
'       r\      (1,         -..               f


·                  "'


'1l                                                                        rn


)            l_ '

' \)


&

-

 
l\                               ·:.;

'.


c=i


\,,,

 
:::::---. ;..'

<::::-         "


--·


c "                                                         s:

 
(                  n

0

'

"'·   i_\_u1)                                         z


'

 
""

"<,1"_> .


'..:·.    -< "il

'('

                                                                                ' (;:,

_,

 
D

:::l