Gadsden County Board of County Commissioners
Planning Commission
Agenda & Notes
Thursday, October 18, 2012
6:00p.m.
Board of County Commissioners Meeting Room
7 East Jefferson Street
Quincy, FL
Present:
Commissioner Diane Sheffield, Chair
Commissioner Frank Rowan
Commissioner Dr. Gail Bridges –Bright
Commissioner
Edward Allen
Commissioner Mari VanLandingham
Commissioner Willard Rudd
Commissioner Regina Davis, At-Large Member
Commissioner Isaac Simmons, School Board Representative
Anthony Matheny, Planning & Community Development Director
Willie Brown, Gadsden
County Planning Principal Planner
Beryl H. Wood, Deputy
Clerk
Absent:
Commissioner Larry Ganus, Vice –
Chair
Commissioner David Tranchand
Commissioner Catherine Robinson
Commissioner Ronnie Butler
1.
Pledge
of Allegiance
2.
Introduction
of Members/Roll Call
3.
Amendments
to the Agenda to include minutes from July 12, 2012: Davis/Rudd 7-0
4.
Approval
of Minutes – July 12, 2012: Vanlandingham/Davis 7-0
Have Consultants put language back in which is including in minutes in Special Area Plan in 11.A.1.41 (b) Allen/Vanlandingham 7-0
Amend Agenda: Rudd/ Simmons 7-0
5. Disclosures and Declarations of Conflict – Ed Allen have gone to several meetings and have received several phone calls.
GENERAL BUSINESS WORKSHOP
6. Public Hearing – Special Area Plan Transmittal for Highway 90 Special Area Plan
Special Area Plans
What special area plans do:
§ Apply to new development only
§ Intend to protect environment
§ Serve as a guide for growth
§ Provide for viewshed and landscape standards
§ Allow for mining, but must meet criteria
§ Require septic upgrades for failing systems or major renovations (50% building value or more of the existing building or 30% expansion in building size for existing lakefront properties.)
Special Area Plans
What special area plans do not do:
§ Do not change use of property
§ No additional requirements on existing use of property
§ Do not increase permitting costs or property taxes
§ Do not prohibit development of property
§ DO not change current land use (zoning)
US 90 East Corridor
§ Places emphasis on corridor preservation and US 90 viewshed between Midway and Quincy
Fencing standards for new development
Applies corridor landscaping standards to area
Maintains greater setbacks and preserves existing trees
§ Divides area into three distinct development sectors (A, B,C0
Sectors A and B provide a mixture of commercial and residential development
Sector C provides more intensive commercial and industrial uses
Artie White - Moved policies together; Section 3.41 of the Gadsden County Stormwater Management consistent with the outstanding water bodies.
Allen- Page 1 of US 90 Corridor – wording should be protect instead of encourages.
Public Comment
Rev. Matthew Jones – Spoke in support of beautifying Hwy 90.
Debbie Morningstar, Lake Yvette – Policy 11B 3.19 – [page 9}
Darrin Taylor, Anderson-Columbia, representing St. Joe Company, developer of Hammock Creek. Largest developer had no contact. Objection from Anderson-Columbia. He said a lot of the property owners have no idea what you are planning. He asked that a vesting language be added to the document. Mentioned comment about not prohibiting development. Page 4 - Policy 11.B.1.45 – policies limit development on some parts of the corridor. Page 5- Policy 11.B.1.55 – Page 8- Policy 11.B.3.159 (recommend it be removed.) He asked that the place a hold on moving forward on this.
Allen – You have been at every meeting.
Taylor – I started representing St. Joe about a week ago.
Debbie Morningstar – page 4 – pleased, Lake Yvette very pleased with policy, thanks.
William Benedict, President of Lake Yvette, minority stakeholder, consistent with protecting all citizens.
Marian Lasley – Happy with things to protect good development. Appreciate
Brenda Francis, President of Robert Francis – Realtor, referenced Sector C.
Sewell – Already protections on that property.
Elva Peppers – Conservation easements that were placed by the Thompsons, 9 miles of protection along the River. When the DRI was done they took away all the wetlands.
Matheny – Recommendation that they move. Page 5 strike last sentence in Policy 11.B.1.55
Motion: Vanlandingham /Simmons 8-0 to
strike last sentence in Policy 11.B.1.55
Motion: Bridges-Bright/ Vanlandingham - General Motion to approve the
Special Area Plan Transmittal for Highway 90 Special Area Plan with changes
that were discussed on the East 90: 8-0(motion passed)
7. Public Hearing – Special Area Plan Transmittal for Wetumpka/Lake Talquin Special Area Plan
Sheffield (Read into record comments and questions on the Wetumpka/Lake Talquin Special Area Plans (Bill Stinson, 5800 Old Federal Road) attached.
Lake Talquin – Wetumpka Area
§ Emphasize protecting and enhancing natural features
§ Provide a mechanism to address future development in the area
§ Be a tool to engage area citizens and other stakeholders
How does this affect me?
§ Includes all property south of CR 65-B, west of Leon County line, east of SR 65, and north of Liberty County as shown on the Lake Talquin/Wetumpka Special Area Plan Map
§ All lands included in the WLTO (Wetumpka- Lake Talquin Overlay) will retain their existing Future Land Use Map (zoning) designation
§ New development can occur as long as sufficient portions of the property are outside of designated flood hazard area
How does this affect me?
§ Higher density residential (1:2 or greater) require availability of central water and central sewer (or planned availability in the Capital Improvements Plan) (Policy 11.A.1.7)
This is a new requirement
This would apply to a rural residential 1-acre or 2-acre lots
Lots will not be allowed to be developed unless above conditions are met
§ Failing septic systems or substantial modifications (50% or more building value increase of the existing building, or 30% expansion in building size) for existing lakefront properties require septic upgrades to advanced wastewater treatment systems, performance – based treatment systems, or connections to central water and central sewer (Policy 11.A.3.6)
Commissioner Sheffield – She thought it was for any new major subdivision for central sewer.
Allen – If available
Matheny – the intent was to hookup when available.
Sewell – what if it’s existing home and sewer becomes available. He said this refers to new residential subdivisions.
Sheffield – intention new subdivisions
Matheny –Major Subdivisions 11.A.1.7 and remove 11.A.18
Sheffield – referenced Hydrogeological Study as related to 11.A.3.6 page 16- not needed the Advance Waste. Word encourage.
Matheny – strike requirement , but you put language in to strongly encourage.
Elva Peppers – On septic issue, there is a study by FSU that is recent. There was not a huge benefit of Advance Wastewater Treatment Systems. Regular Septics tanks in wetlands not good, you have to take septic tanks out of area. Advised that septic tanks should be pumped every 3 years.
Allen – to correct existing septic tanks. All new developments within 200 feet of Lake Talquin.
Danny Miller – Asked that they try not make Gadsden County limited to development.
Simmons – don’t agree.
Sewell – suggestion take policy out.
Bridges – Bright if we take out Policy 11.A.3.6 are we taking out 11.A.3.5.
Rudd – asked how is Leon County addressing the situation.
Sewell – If preference is to leave in, change to shall encourage.
Strike both Policy 11.A.3.6 Policy 11.A.3.5 . (consensus)
Allen – said some language should be included.
Mining
Sheffield – concerns on mining. (consensus to strike 11.A.1.45)
Allen – 11.A
Elva Peppers – The items included shall be initiated as soon as possible, it is vague. She said with mining sometime they start. She said the details the Commission is getting into the study is already done.
Matheny – it won’t
hurt to leave the last sentence, but add per state law to Policy 11.A. 1.45
Sewell – Strike 6
& 7 (Consensus to strike)
Allen – referenced page 1(A hydrogeological study shall be completed by the county by the end of 2013 to determine the impacts of various land uses on the water quality of Lake Talquin. Strike sentence in it’s entirety. Allen read his data analysis plan into record.
Sheffield – We don’t need study, information is already there.
Allen – suggestion take hydrogeological study out.
Sewell- you need to decide what you will accept for your Data Analysis.
Ken Strafit, He asked where you would set boundary, if you strike language.
Allen – He said the consensus and they agreed the boundary on Hwy 65.
Consensus to leave language in.
Sewell - asked for clarification. Strike Appendix A
comment (consensus)
Add Policy
Language back to Policy 11.A.19 (consensus)
Page 13/ Policy
11.A.2.4 for Outstanding Florida Waters
to strike
Danny Miller – need better
systems to have mailout to notify citizens. Why are we doing Lake Talquin
Overlay.
Matheny – The plan
was one of 6 plans, to guide growth and development. The County Commission decided not to go ahead.
Miller – Asked about policy 11.A.1.8 (already took out); Policy 11.A.1.11 – who identifies land that’s sensitive.
Sheffield – It’s defined in Conservation Element.
Artie White – page 6 policy reference under policy 11.A.11 from Conservation Element
Miller – Policy 11.A.1.20 – has issue with policy.
Matheny – suggestion no harvesting unless with strict .
Policy 11.A.1.1 – recreational uses
Matheny – suggestion it be changed.
Sewell –
suggestion make statement about passive recreation (added) in policy 11.A.1.1
11.A.2.1- Water
Quality
11.A.2.3 (strike)
Policy 11.A.1.15 –
Policy 11.A.2.9
Policy 11.A. 3.1 –
Who’s going to pay.
Consensus – to
support and require when available.
11.a.3.11 – No
central sewer available. ( Consensus to leave in)
David Strong,
Winter Park, Florida – notification must be better. Representing Gadsden
Partners on Reynolds Road. Policy 11.A.1.7 ( he asked for definition of some
kind of density.)
Policy 11.A.1.14
(concern with clustering. He suggested may.
Matheny -
encouraged (add)
Policy 11.A.1. 14
(d)add if available; (e)strike; define wetlands
Transportation
Policy 11.A.3.25
Elva Peppers – Public Notice
requirements; Data Analysis; Mining – correct map; restriction to not allow
silviculture in wetlands; limitation on commercial development is a concern.
Darrin Taylor – asked that
they add - All existing rights are
vested
Sheffield – an
issue for the County Commission.
Taylor - Issue on
increase of permitting cost- referenced 11.A.4.1 – page 20
Matheny (bring in
conformity per the Land Development Code.)
Ken Strafit –
speak again on boundary lines from Hwy 65 to 267
Rudd – Defer Wetumpka/Lake
Talquin (needs more time, sensitive area)
Motion:
Rudd/Davis - To approve US 90 and 2012
EAR-based Amendments Transmittal and to defer Wetumpka/Lake Talquin.
Mr. Matheny said they have exhausted all funds, no funds for additional meetings. He advised them to make final vote and he would move forward with recommendation.
Sheffield – I feel we will not have perfect document.
Vanlandingham – I feel since, we didn’t find out about meeting to last week, I suggest we have another meeting.
Davis – Citizen’s have not been properly noticed. Agreed with other 2 Commissioners.
Amended Motion: To
hold another Public Hearing meeting to defer Wetumpka/Lake Talquin 4-4
(Commissioner’s Davis, Rudd, Vanlandingham & Allen for; Commissioner’s
Sheffield, Bridges-Bright, Rowan & Simmons – opposed) Motion tied, did not
pass.
Motion:
Rowan/Bright - Lake Talquin To approve the Wetumpka/Lake Talquin Special Area
Plan with changes made tonight 4-4 (Commissioner’s Sheffield, Bridges-Bright,
Rowan & Simmons - for; Commissioner’s Davis, Rudd, Vanlandingham &
Allen- opposed) (Motion did not pass)
Final Comments
were made by Mr. Matheny thanking the Commission for the work put in. He said he would take directions to the
County Administrator along with County Attorney for follow-up & direction.
8. Public Hearing – 2010 EAR-Based Amendments Transmittal
Gadsden County EAR based Amendments
· EAR adopted September 2009
· Draft EAR Based Amendments developed
· EAR Based Amendments approved by Planning Commission
· 2011 State Legislative passed HB 7207
Gadsden County EAR Based Amendments
EAR Amendments – Completed Tasks
Jon Sewell asked about the Conservation Element. He said whatever changes are made will take effect and be county-wide. He said this process has been heavily focused on mining. He said he was of the opinion that it is good for the County. He said the Mines employ a lot of people. He said it needs to be in environmentally friendly way.
He said it transmit this your restrict mining in the northern part of the County. He said his suggestion would be to remove from the Conservation Element, not to restrict. He said he was taking direction for the Commission.
Commissioner Dr. Gail Bridges – Bright entered the meeting at this juncture.
Mari Vanlandingham are you talking about a –h or as a whole.
Mr. Sewell said it’s just a suggestion. He said it could be found in Special Area Plan.
Simmons – 5.2.6 Comp Plan - he said they left language in to say mining would be designated.
Sewell – It is saying you have to have mining classification. He said what 5..26 – you are allowed to mine as long as you follow directions of a –j.
Allen -
Mr. Matheny – you are correct. The county did not follow guidelines, through the process they developed 5.2.6. The original agreement called for no mining in environmental sensitive land. It makes sense to stay with overlay. It may result in some problems.
Sewell – solution could go back into policies within the Conservation Element.
Allen – your suggestion is to leave policy in there.
Sewell – Our opinion not right, to take away their (mining) property rights.
Objective3, 5.21,5.22., 5.3.11 , 5.3.2,5.3.3, 5.3.4, 5.3.5, 5.2.21, 1.10.7(FLUM)p.21 (Already in there)
Davis/Bridges –Bright
Allen will still be including in Area Plan
Marion Lasley – Amendment, we will still have environmentally sensitive lands.
Chair – yes.
Danny Miller – When do we get to see the changes.
Chair – Next is goes to BCC
Mr. Matheny – We have made changes, you do have right to make minor changes because you have had Workshops. If you were changing overall substance, then you would have problem. He said they would have the changes posted as quick as possible.
Allen – With the exception of Mining, within the
Anthony Fedd - Site Director of BASF, he presented some objections. He said they mine over 400 acres in Gadsden County, but own over a 1,000 acres. He said they employ over a 100 employees. He said they are one of the higher employers in the county. He said the amendments proposed could result in the shutting down of the mine.
Sewell – You directed this change, this is referring to Future Land Use Map Classification. It’s a issue that needs to be addressed. May have land that’s not designated mining, but the
Darrin Taylor, Carlton Fields, – Policy 1.1.5 (H) What should we do with FLUM
Matheny – They need to come in and change process. They need to get amendment.
Sheffield – With struck because it was not consistent with 5.2.6. As long as Mining Industry can came back and environmentally sensitive land, but Can not mine in Conservation.
Micheal Roberts – Roberts Sand Company, - have asked several times to have FLUM change and they said they are going to get to that. He said it should have been done.
Davis – asked about grandfathering.
Sewell – there are uses that have been out there for years.
Ken Strafit, Hopping Greens and Sams
Allen – land needs to land use change.
Sheffield – Is there any mining taking place on Conservation Land.
Allen – No, Ag 3 land.
Sheffield – We need Conservation in FLUM, so we don’t have problem with 5.2.6
Jon Sewell – After conferring to County Attorney – stricken language can stay in. Suggestion that they leave language in on (H) page 10,11 – Future Land
Davis/ Bright –approve language remain 7-0 in Flum
Conservation Element Davis/ Bright -
EAR BASED AMENDMENTS –
Allen – Page 14(FLUM) Policy 1.1.16 f – He asked was that added recently.
Sewell was added back in March.
Mr. Matheny – antiquated subdivision means something else. Doesn’t effect.
Safrit - adopt all comments submitted into record.
Weiss – withdraw the motion on table for Conservation Element and make new motion if that’s your wish.
Pat Curtis, Lake Talquin, - referenced lawsuit with Leon County and BASF. Would like to protect natural resources.
Anthony Fedd – The operation in Georgia, Mining is only in Gadsden County.
Allen – I’m not against mining totally. He said it should have balance.
Pastor Matthew Jones, Spoke in support of mining, but with reservations put in place. Spoke of supporting the citizens that are affected by mining.
EAR Amendments with changes made tonight
Davis/Bridges - Bright 8-0
9.
PUBLIC
COMMENTS
10.
SET
DATE FOR NEXT MEETING
11.
ADJOURNMENT
@ 11:25pm - Bridges-Bright/ Simmons