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GADSDEN
COUNTY BOARD OF COUNTY COMMISSIONERS |
Present: Commissioner Regina Davis, At - Large Member, Chair
Commissioner Edward Allen, Vice – Chair
Commissioner Dr. Gail Bridges – Bright (arrived late)
Commissioner John Youmans
Commissioner Gerald McSwain
Commissioner David Tranchand
Commissioner Frank Rowan
Commissioner William Chukes
Commissioner Edward J. Dixon (arrived late)
Commissioner Roger Milton, School Board Representative
David Weiss, County Attorney
Jill Jeglie, Senior Planner
Allara Gutcher, Planning & Community Development Director
Beryl H. Wood, Deputy Clerk
Absent:
Commissioner Mari VanLandingham (absent)
Commissioner Catherine Robinson (absent)
Chair Davis called the meeting to order at 3:00 p.m. with a quorum and led in the
Pledge of Allegiance to the U.S. flag.
Each member present stated his or her name and district for which they are appointed for the record.
Commissioner Dixon arrived at this juncture 6:03pm.
Commissioner Dr. Bridges – Bright arrived at this juncture 6:05pm.
GENERAL BUSINESS
Mrs. Gutcher gave a little background on this item. the consideration of amendment of Chapter 7 of the Land Development Code regarding the Citizen’s Growth Management and Planning Bill of rights with recommendation to the BOCC.
Commissioner Allen said this went before the BOCC. He said there were no complaints. He offered a motion for option 4.
It was held by Chair for public comment.
Public Comment:
Larry Ganus, 2174 Frank Smith Rd, commented this is an element of the planning process that is very important. He said people are interested in what’s going on in their area. He said it needed to be kept. He said in option 2 or 3 under 5 change wording. Have the second community meeting be optional. Under page 3 & 5, he said there is resistance about Neighborhood Association in area. He suggested running ad. Proposed Language -Omit word additional; 1305A would add any application that requires type2 review. 1305 3-5 a lot of information to gather for those that don’t understand the language; 1305B 4-6 the writer got sooner should use earlier than; notification – certified mail is a lot. He said he would type up and send his comments to the Director.
Marion Lasley, 5 Dante Court, commented she was in favor of retaining option 4. She more notice is better. Red sign should be included on page 2. Define some things on Ordinance, clean and up. Mentioned Marjorie Sims opposed to changes
Michael Dorian, 25 Alligator Rd, commented that it should go through the process. Reference comments. He asked Mrs. Gutcher about the registered letters.
Mrs. Gutcher stated so that there was record.
Sam Palmer, 1225 Berry St, commented the COBR should be repealed on the super majority requirement. He referenced the handout and said they should go back to the old Ordinance.
Commissioner Allen asked about the 2 businesses Mr. Palmer referenced.
Mr. Palmer said Green Circle Bio-Energy & Wood Product is the businesses.
Charles Morris, 23201 Blue Star Highway, commented there is problem with the restrictive language that was added in 2010. Recommendation is that you strike language that requires three extra process, recommended workshop and county bare burdens. Finally recommendation super – majority be removed and PC be in charge of workshops.
Tyrone Smith, 878 Arlington Circle, commented on the few business owners in Gadsden County it is extremely difficult on the 3 additional requirements. He referenced in AG3 where one property could be placed on 20 acres.
Anthony Thomas, 159 Strong Rd, commented he believed in allowing the elected officials have failed the citizens. He said he was in support of repealing the super – majority.
Chair Davis commented on the Neighborhood Association, Super – Majority, Red - Signs placed, Workshops, some in favor of CBOR.
Mrs. Gutcher said the only time it would affect a single family dwelling is if it required a variance.
Commissioner Comments:
Commissioner Chukes stated his problem was people getting caught up with land that they can’t do anything with. He said he was concerned with concerns heard by citizens.
Motion: Allen/ Tranchand accept CBOR as is (Bright –not opposed for having COBR, but it needs to be tweaked) Youmans opposed motion failed Rowan, Allen & Tranchand voted in support. Against were Milton, Bright, Davis, Youmans, Dixon, McSwain & Chukes 3-10 motion failed.
Motion: McSwain/Youmans the CBOR be repealed including Super Majority and sent back to the Planning Staff for a workshop. Dixon commented this is no longer affective. It cost Citizens to do business in their own county and the super majority vote. He noted county should be in charge of notifications. Not in favor of anything that slows the development of Gadsden County.
Mrs. Gutcher wanted the PC to understand that mailed notices are required (2) at the time of a Planning Commission meeting. One notification at the citizen participation meeting and one at Public Meeting.
Motion: Called the question. Recommendation to BOCC to repeal the Ordinance on CBOR and ask the County Commission to schedule workshop with PC on creating new language. (7-3) Commissioners Allen, Rowan and Tranchand opposed. Motion carries.
Mrs. Gutcher commented this hearing is set to offer a recommendation to the BOCC for the transmittal of the revised Future Land Use Element (FLUE) to the Department of Economic Opportunity for review as a more concise, understandable and defensible document which each land use category, and to the future growth of Gadsden County.
5 minute recess @ 7:03 returned at 7:10pm
Mrs. Gutcher referenced the FLUE: Policy 1.1.1 B. Conservation – To determine whether or not to allow density in the Conservation category. A density of 1 unit per 40 acres was discussed at the last meeting.
McSwain asked how was the land zoned.
Currently the FLUE is proposed not to have a density.
McSwain asked did citizens address this issue.
Mrs. Gutcher referenced highlighted changes of handout are what was discussed at the last workshop.
Commissioner Allen asked for status to be placed in Mining O.
Mrs. Gutcher said it was the definition of a development and chapter 384 of the FS.
Chair Davis asked about the Stipulated Settlement Agreement was it still valid since, DCA no longer exist is it still binding.
Attorney Weiss explained Stipulated Settlement Agreement. DEO is the State Land Planning Agency. DEO will let us know whether are not in compliance.
Commissioner Tranchand asked what happened to the Special Area Plans.
Mrs. Gutcher commented they SSA, work never progressed to the BOCC.
Commissioner Allen we can adopt SSA???
Attorney Weiss stated that was an option, keep it in the Policy.
Chair Davis……
Commissioner Dr. Bridges - Bright handle business before them tonight and staff will check on.
Public Comments:
Mike Dorian, 145 Alligator Run: He stated he would like for this to workshopped.
Marian Lasley, 5 Dante Court, referenced page 3 intensity and impervious area.
Mrs. Gutcher commented on trying to get developers to do centralized utilities.
Lasley Discussion continued: Page 4 in favor of retaining environmental sensitive lands. Mrs. Gutcher commented it is defined in the LDC. She said she took out because it’s not mapped. Page 10 Policy 1.3.2 voiced concern with (B) other impacts that could occur, needs other definition.
Larry Ganus, 2174 Frank Smith Rd, said the first issue is to table until good information into the Comp Plan. He pointed out they should wait and look at both. I listed 6 Ordinances passed in 2008/09 he referenced the Overlay; it’s not in the Stipulated Settlement Agreement -1.14.5 Comp Plan. The first page of the agenda report meeting was Dec. 11 not 9th. Pages 4 of 11 consider adding language from Ag to rural residential it is in Comp Plan and it would be left out. Page 10 of 11 discussed Large Scale
Mrs. Gutcher stated it was a part of the Plan. We would still have to strike that language.
Chair Davis asked that option 3 is similar to what you are asking Mr. Ganus. How long would it take to put information together?
Commissioner Dixon voiced let’s go ahead and move this down the road. Have something to submit to BOCC.
Stipulated Settlement Agreement – No infrastructure in County. Not in favor of water wells and septic tanks. Referenced City of Midway. In favor of Stipulated Settlement Agreement or parts.
Chair Davis asked for comments.
Motion: Allen/ Ganus asked that it be tabled and have workshop in February. 4 in favor-6 opposed.
Mrs. Gutcher commented the things in red are what the Commission asked for.
Tranchand comment on Special Area Plan and all the work they had put into it.
Milton/Bright – option 3 move forward with (Public Hearing) and addition with changes in red added. Motion passed (Rowan abstained from voting) 9-0 Motion passed
Mrs. Gutcher pointed out there were things that needed to be voted on, things needing direction.
Action:
Motions: Need clarity
· Allow density in the Conservation category. A density of 1 unit per 40 acres.
Bridges – Bright / Dixon 10-0 passed
· Decide to allow workcamps in sliviculture in allowable uses. Bridges – Bright/Dixon 10-0 passed
· Use better terminology to describe (change) the “grounds keeper quarters”, “Facility management quarters”. Dixon/Bridges 10-0
· E. Public/Institutional #3.) change of to or: /Bridges/Dixon 10-0
· F. Agriculture -1 #5.) Whether or not to include silviculture in allowable uses. Bridges – Bright/ Dixon10-0pass
· How to address the net density/ gross density calculations in rural residential. Whether to keep as is or include new language: Motion: Move to include the new language as stated to develop potential from defined environmentally sensitive areas, rather than from the overall net density calculation. It was seconded by Dixon. He asked that it be amended to include the potential development of Bridges /Dixon (Motion was withdrawn for further discussion per the suggestion of Mrs. Gutcher) Motion to table issue: Dixon/Youman 10-0 passed to table
· J on page 5 #7: Whether are not to leave at 10,000sqft. or change to 5000sqft. Tranchand/Bright to change to 5000 ft 10-0 motion passed
· Part K Commercial #6: To add allowable uses to mobile home parks: Dixon/Chukes 10-0 motion passed
· Page 8 Policy 1.2.3: Whether are not to change 5 years to 3 years and change word the word an to and. Tranchand/Chukes 10-0 motion passed
· Page 10 of 11 Policy 1.3.2(last sentence)change con to non conforming (typo) Bridges/Chukes 10-0 motion passed
· Policy 1.32. substantially changed, if that is only definition. Table issue in B per Dixon for further discussion on Lasley comments. Dixon/Allen 10-0 motion passed
· Page 11 of 11: Consideration of inclusion of several policies to speak to the policies adopted in the 2008 Stipulated Settlement Agreement. Motion to table: Dixon/McSwain 10-0
Attachments Future Land Use Element
Documents: Attachment 3 | Attachment 4 | Attachment 1 | Attachment 2
Larry Ganus asked for action of his request on rural residential land use amendment to be required to be adjacent to exist rural residential.
Chair Davis advised it would be heard at the next meeting.
Referenced County Commission Planning Schedule