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.
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4202.( aAa Cl'laj3ter
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5fle£ifieally
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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
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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
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1 @h.{\pPJtWiMs_2_For_1
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- Havana
Quincy
_., Talquin
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Dparcels_20100305
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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.
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lEGEND
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RES ! DFNT··
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K E Y
LAND USE
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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 Street•P.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.
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