Gadsden County Board of County
Commissioners
Planning Commission
Agenda & Notes
Thursday, December 13, 2012
6:00p.m.
Board of County Commissioners Meeting Room
7 East Jefferson Street
Quincy, Florida
Present: Commissioner
Diane Sheffield, Chair
Commissioner Larry Ganus,
Vice – Chair
Commissioner Dr. Gail
Bridges – Bright
Commissioner
Edward Allen
Commissioner
Mari VanLandingham
Commissioner
Regina Davis, At - Large Member
Commissioner
David Tranchand
Commissioner
Catherine Robinson
Anthony
Matheny, Planning & Community Development Director
Willie
Brown, Gadsden County Planning Principal Planner
David Weiss,
Assistant County Attorney
Beryl H.
Wood, Deputy Clerk
Absent:
Commissioner Ronnie Butler
Commissioner
Frank Rowan
Commissioner
Isaac Simmons, School Board Representative
1.
PLEDGE OF ALLEGIANCE
Chair
Sheffield called the meeting to order at 6:00p.m. with a quorum and led in the
Pledge of Allegiance to
the U.S. Flag.
2. INTRODUCTION OF MEMBERS/ROLL CALL
2.
APPROVAL OF MINUTES
- August 30, October 11, & October 18, 2012
Ø
August 30, 2012
-Tranchand/Bridges 8-0 -Bright pg 3 8 Hwy 65 instead of 265.
Ø
Oct. 11, 2012 –
Robinson/Ganus 8-0
Ø
October 18, 2012
– Ganus/Bridges-Bright 8 – 0 – corrections by Commissioner Ganus noted and by
Commissioner Allen on pg.4 should be 5.25
and 5.26 instead of what is listed.
Amend Agenda
Vanlandingham/ Bridges-Bright add item 8 & 9
DISCLOSURES AND DECLARATIONS OF CONFLICT - None
GENERAL BUSINESS
1.
APPROVAL OF 2013 PLANNING COMMISSION CALENDAR
Ganus/Bridges-Bright
w/changes in February 14, 2013 change to February 21, 2012 w/ approval from
Board.
2. PUBLIC HEARING
- Lynn's Liquor Store- Proposed Special Exception (SE-
2012-01) and Conceptual Site Plan for PID #3-13-2N-2W-0000-00332-0400. A Public Hearing to consider a Special Exception with
conceptual site plan
to
allow Lynn's
Liquor Store at 1437 FLA-GA Highway in an existing
2,550
square
foot structure as a Commercial use.
Mr. Matheny commented that new Administrator
would like to see Land Development Code simplified.
Commissioner Ganus asked was it just a packing
store. He also inquired about the hours of operation. He also inquired about
the buffer areas.
Joe Hughes, representing Mr. Askar gave hours
of operation that would be 10am – 10pm.
He said this is liquor license that has not been placed and used and he
would not like for it to expire.
Commissioner Sheffield called for public
comment and there was none.
Commissioner Davis said to move staff’s
recommendation option 1 & it was seconded by Tranchand.
Commissioner Ganus pointed out statics about
alcohol impairment in Florida.
Mr. Matheny said he could not give a legal
opinion, but it was his opinion they have done everything that has been asked.
Commissioner Allen said alcohol assumption is
too much in County, but I see no legal reason to turn down.
Commissioner Davis said the Commission should
not set time.
Motion: Davis/Tranchand 7-1(Ganus
opposed)
3.
PUBLIC HEARING
- Proposed Ordinance to adopt amendments to Section 5003.B Subsections (5) & (6) of the Gadsden County Land Development Code pertains to Non residential, Non-Conforming Uses in the Ordinance
title.
Mr. Matheny commented in 2009 the Comprehensive Plan
Policy 1.51. was amended to remove language that stated, “Non-conforming
non-residential uses shall not be grandfathered beyond the term of the existing
ownership. The Planning and Community
Development Department is requesting to amend Subsection 5003.B(5)
Non-Conforming Uses of the Land development Code (LDC) to remove the
afore-referenced language form the LDC.
Also a proposed amendment to Subsection 50003.B (6) would allow an
extension from one (1) year to two (2) years before a non- conforming,
non-residential use is determined to be discontinued.
Motion:
Tranchand/Davis 5-2 (Ganus/Allen opposed) Motion passed- Option 1
4.
PUBLIC
HEARING – Proposed Ordinance to add a new Subsection 7003 to the Gadsden County
Land Development Code adding language to allow the Planning and Community
Development Department Director additional flexibility and discretion regarding
development and to revise Subsections 1203 and 1206 of the Gadsden County Land Development Code
(LCDCP as indicated in the Ordinance title.
Commissioner
Robinson questions were noted her questions.
Public Comment – Marion Lasley
noted her concerns: Not in favor of Director having that much power; She said
the history of County is on this Board. No accounting for actions or they
consistent, because it sets a precedent.
Offer some sort of different variance cost. Not in favor of passing.
Commissioner
Sheffield suggested being more definitive.
Mr.
Matheny recommended they find 10 communities that gave Director discretion then
you could have more information, comparable analysis. He suggested table.
Commissioner
Vanlandingham commented she was in favor of cost reduction of variances.
Mr.
Matheny said the process would still go on.
Commissioner
Tranchand said they only thing that would bother him is consistently. How would
you defend yourself?
Motion: Vanlandingham/Tranchand 7-0 Table to
Mr. Matheny can provide more information.
5.
PUBLIC
HEARING – Proposed Ordinance to adopt amendments to Subsection 5605, Sidewalks,
Pedways and Bicycle Facilities of the Land Development Code Standards and to
add new Subsection 5605.D to allow developers to pay a fee – in- lieu of
providing sidewalks incidents and to allow the Planning & Community
Development Director & Board discretion in reviewing and approving a fee-in-lieu
as indicated in the Ordinance title.
Mr.
Matheny commented the Planning and Community Development (P&CD) is
requesting approval of an Ordinance to add a new Subsection 7003 to the Land
Development Code (LDC) to allow the P& CD Director increased flexibility
and discretion in applying development standards. The Ordinance also proposes amending
Subsections 1203 and 1206 to reflect the current P&CD Department name.
Commissioner
Sheffield stated this sounded like another tax.
Mr.
Matheny stated it’s a trade off not a tax.
Motion to adopt: Bridges-Bright/ Davis 6-1
(Vanlandingham opposed)
6.
PUBLIC
HEARING – Proposed Ordinance to adopt amendments to Subsection 2101 of the Land
Development Code pertaining to Accessory Uses to clarify that bathroom facilities
are permitted in approved accessory uses or structures provided they do not
become an “ ipso facto” (as an inevitable result) dwelling unit.
Motion for approval: Bridges-
Bright/Vanlandingham 7-0
7.
Director’s
Report
He
commented since it was a tie vote, no formal recommendation was made by
Planning Commission. The Board moved 5-0
not to move forward of Wetumpka/ Lake Talquin forward. Highway 90 and Ear – Base Amendments would go
forward.
Discussion
followed among the Commission concerning legal votes/motions for procedures for
Planning Commission after 11 pm.
Mr.
Matheny said he would get with the Administrator to have Attorney to come to
next meeting for procedures or writing of written legal opinion.
Motion:
5-2 in favor to have attorney show up to address concerns.
Grant from DEO – Existing
Land Use Map (show what’s on ground right now.) He said it would be done
through fieldwork, tax collector and property appraiser’s office. Then they
would make updates to Future Land Use Map. He said it would have to happen by
the end of June. He said he would send
in letter and scope of work that they hope to accomplish. He said they would
also develop the 4 interchanges. He said kickoff is Jan. 31, 2013 @ 6:00pm to
discuss what to do with money. Bigger changes would be forth coming to Land
Development Code & Commissioner training at a later date.)
8.
Next Meeting
Wetumpka Overlay
9.
Public
Comment
10. Adjournment – Bridges/Bright – Vanlandingham
@7:45