Gadsden County Board of County Commissioners
Planning Commission Regular Meeting
MINUTES
Thursday, November 14, 2013
6:00p.m.
Board of County Commissioners Meeting Room
7 East Jefferson Street
Quincy, Florida
Present: Commissioner Regina Davis, At - Large Member, Chair
Commissioner Edward Allen, Vice – Chair
Commissioner Dr. Gail Bridges – Bright
Commissioner Diane Sheffield
Commissioner Larry Ganus
Commissioner Mari VanLandingham
Commissioner David Tranchand
Commissioner Frank Rowan
Commissioner William Chukes
Commissioner Ed Dixon (arrived late)
Commissioner Catherine Robinson
Commissioner Judge Helms, Acting School Board Representative
Allara Gutcher, Planning & Community Development Director
Willie Brown, Principal Planner
Beryl H. Wood, Deputy Clerk
1. PLEDGE OF ALLEGIANCE
Chair Davis called the meeting to order at 6:10 p.m. with a quorum and led in the Pledge of Allegiance to the U.S. flag.
2. INTRODUCTION OF MEMBERS/ROLL CALL
Each member present stated his or her name and district for the record.
Chair Davis welcomed Allara Gutcher to the Planning Commission and read her bio into record.
3. Approval of Minutes:
§ September 9, 2013 - Vanlandingham/Allen 12-0
4. DISCLOSURES AND DECLARATIONS OF CONFLICT – None
5. Agenda – Mr. Ganus stated since they have hot issues on agenda: Motion to table item 6 & 7 to schedule workshop for full understanding; He recommended separate workshops. It was seconded by Commissioner Sheffield.
Commissioner Bridges – Bright conveyed that item 6 has been discussed and she was in favor of work shopping item 7 only.
Commissioner Allen asked was this language not put into the EAR amendments.
Chair Davis said she was not in favor of tabling because people are here to speak.
Chair Davis called the question. 6-6 (motion failed) Dixon, VanLandingham, Davis, Chukes, Bridges – Bright & Helms (opposed)
6. ACCEPTANCE OF THE 2014 MEETING CALENDAR Vanlandingham/Ganus 12-0
7. PUBLIC HEARING (LEGISLATIVE) – FAMILY EXCEPTION (LDR-2013-01) – Proposed Ordinance amending Chapter 6 of the Gadsden County Land Development Code to allow a parcel of land from a parent parcel to be conveyed for homestead purposes to an immediate family member for properties designated as Agricultural on the Future Land Use Map. (BOCC 12/17/2013)
AN ORDINANCE AMENDING CHAPTER 6, SUBDIVISION OF LAND, OF THE GADSDEN COUNTY LAND DEVELOPMENT CODE, ADDING SECTION 6600, FAMILY EXCEPTION; A REVISION AND REPLACEMENT OF THE FORMER IMMEDIATE FAMILY HOMSTEAD EXCEPTION REGULATIONS, AS APPLICABLE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
Allara Gutcher, Planning Director was sworn by deputy clerk, and stated Section 6600 of the Land Development Regulations speaks to the subdivision of property when such property is deeded to an immediate family member. This provision is allowed by Florida Statutes, and the Gadsden County Comprehensive Plan. This revision will reenact the ability for persons to deed a minimum of three (3) acres to an immediate family member when certain criteria are met. The previous regulation sunset on September 2, 2008, and has not been used since that sunset occurred. She said the major change it would require 3 acres. It only applies to agriculture land.
Commissioner VanLandingham referenced Chapter 2, section b, does that means prior to.
Gutcher the intent is not to deed property to child, grantee person who is receiving the property must own for 3 years.
Commissioner VanLandingham
It was by leaks and bound, not platted.
Commissioner Ganus asked would unrecorded subdivisions be included in this section.
Gutcher -If it is platted, it should have been recorded. The intent was if you’re a platted subdivision you have met the process.
VanLandingham subsection g – how would it work?
Tranchand – why the change from 5 to 3years.
Gutcher – It was recommended.
Sheffield – I can remember the problems that were present; such as homestead; how much, is there a need to do this. It was sunsetted for a reasons.
Gutcher – It was a number of request from the County Commission.
Sheffield – Application subsection 6605. Must be recorded with deed. 6604 resale A.) take and out. A negative – correction.
Allen – 6602 – Is it legal; if I give my son or daughter a piece of property can it be restricted.
Ganus – In the old ordinance it was a time limit of the homesteading of the land.
Gutcher – ownership 6602 – after conversation with County Manager he requested they take out homestead.
Ganus – 6603 (c) – Neighborhood would go to pods. Mobile Homes would be everywhere. Unrecorded subdivision; Ordinance 2013-004; 6605 – would this include in clustering.
Gutcher – They must have 3 acres.
Dixon – to the lot under the ordinance you would allow one 1; how often could they; He commented on mobile homes. Unrecorded subdivision definition.
Gutcher – until they reach 4. I wouldn’t encourage you too. Unrecorded subdivision (plat) read into record from Land Development Code. There might be some existing.
VanLandingham – if you have unrecorded land, I don’t; delete unrecorded section.
Robinson – referenced must be 3 years, what if the property is foreclosed.
Gutcher – If a person decides to sell it within 3 years, we don’t monitor.
Tranchand – we need to set time to actual homestead. Important to have start time.
Allen – if you under 6603 (9d) no more than 4 lots; they can’t create over 4 lots.
Sheffield – what is reasons for family members give land for them to live on. They may want to come to county to get variance.
Gutcher – she said there are different scenarios for homestead.
Bridges –Bright referenced section 6601 (b). Date of approval of application.
Ganus – page 2 (h) frontage requirements.
Sheffield referenced subsection 6604 (prohibited homestead lot)
Regina Davis called the question
Public Comment - sworn
Marion Lasley, 5 Dante Court I’m concerned about this any mechanism to prevent 4 acre subdivisions from happening. You will end up with rental problems. She voiced 3 years is not enough time, she liked 5 years. I think people can set things up in the name of people, who is going to monitor homestead, will it be Property Appraiser. How will this be monitored, mechanism to prevent minor subdivisions. She said she was not in favor. It needs to be clear list what qualifies for ordinances.
Michael Dorian, Alligator Run mentioned Mr. Ganus road. He said they were newcomers;/outsider. I feel there is prestigious in this County. Urban Sprawl – half of homes take advantage of this we are taking about increasing traffic on Frank Smith Road. Mentioned increase traffic, accidents, air pollution, more police protection. We need economic development. There is a need to subdivide for families.
Bridges Bright/Chukes motioned for approval with corrections. Amended to include homestead. (Dixon, Chukes, Davis, Bright) 4 for / 8 against -motioned failed
Allen – no clustering. Would like to add, so every (I) 6603
Allara – mentioned the clustering, trying to figure out what is the concern because they have to have a minimum of 3 acres. Clustering can’t happen.
Motion: Ganus/Tranchand 8 For/4 against - - not to adopt ordinance – motion passed
Commissioner Gail Bridges Bright left at this juncture.
VanLandingham left at this juncture.
8. PUBLIC HEARING (Legislative) – Communication Towers (LDR-2013-02) – Proposed Ordinance amending Chapter 5, Subsection 5800 of the Gadsden County Land Development Code revising the communication tower regulations. (BOCC 12/17/2013)
AN ORDINANCE AMENDING CHAPTER 5, SUBSECTION 5800, COMMUNICATION TOWERS, OF THE GADSDEN COUNTY LAND DEVELOPMENT CODE; PROVING FOR SEVERABILITY AND AN EFFECTIVE DATE.
Through recent requests for telecommunication tower development order approval, staff had realized that the current regulations in Section 5800 of the Land Development Code are challenging to the development and expansion of telecommunications services within Gadsden County.
She called attention right now we do not have setback from property line. Some of the reasons I’m hearing is for services to your smart phones for technology to progress.
Ganus – when have definition of fall zone. Do you have a comprehensive list of fall zones? Asked why would be like Tallahassee.
Gutcher – we have to rely on information from professional engineer. They are based on structure, it’s based on local discretion. You can make recommendation to County. 5806 (use by right, no official definition. That’s why we are amending because we are rural.
Gutcher – it should be amended to.
Sheffield – understand things need to change. Location for tower within a1/2 mile of rural residential land use. I don’t see any restrictions placed.
Gutcher – Correct, all setbacks are from property line.
Public Comment
Marion Lasley, 5 Dante Court - The original language should be kept. The issue of night time lighting is a nuisance. Metal tower 300ft to residence, safety and health, property value going down because of visibility. Deleted items in section5801 need to be retained. Recommended all towers be type 2 reviews. Distances are close. Subsection on property lines should be redone. Don’t delete lighting restrictions. Would like to see old ordinance use.
Kathie Grow, Havana, FL - This would take 5 hours to figure out. Agreed with Marion.
Michael Dorian, Alligator Run Also stated he was on original committee. Page 6, 5806 (2); He said that is not right. The definition is not in the package on fall zone definition: Recommended workshop
Fall Zone: definition read into record
Anthony Arnold, 28852 Blue Star Hwy Said he worked on original ordinance. He said they received a lot of complaints. They were told they could not consider health factors. He said they listened to citizens, he said primary concern: Rural character of Gadsden County is preserved. Visual impact, Visual Pollution, he asked that it is workshopped.
Dixon – Do you think we can find a happy median?
Arnold – Main issue is setback, but yes you can. He recommended workshop.
Tranchand/Allen – workshop 1 industry person; citizens; planning commission to put 10-0.
Asked that persons that spoke put concerns in writing.
Dixon/Sheffield not to move forward, but recommend workshop 10-0
9. PUBLIC COMMENTS
Workshop date: Jan, 9, 2014 @ 6pm
Economic Development
Michael Dorian – I would like to thank David Garner, I’m for green technology; New Leaf Farm tour. People are scared of food source. The health food stores want to buy local and organic. We could be on the forefront if we went organic. Would love to see County go green
10. DIRECTOR’S COMMENTS
Training with webinar – your chapter is Florida for 1 hour and ½ on Ethics and Quasi-Judicial Hearings.
Mrs. Gutcher reminded the Commission her door is always opened.
11. ADJOURNMENT -7:59 adjourned.