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GADSDEN COUNTY |
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GADSDEN COUNTY BOARD OF COUNTY
COMMISSIONERS |
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Present: Commissioner Regina Davis, At - Large Member, Chair
Commissioner Dr. Gail Bridges – Bright
Commissioner John Youmans
Commissioner Gerald McSwain
Commissioner David Tranchand
Commissioner Frank Rowan
Commissioner William Chukes
Commissioner Edward J. Dixon
Commissioner Malcolm Carter
Commissioner Marion Lasley
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
Commissioner William Chukes
1. PLEDGE OF ALLEGIANCE
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.
- INTRODUCTION OF MEMBERS/ROLL CALL
Each member present stated his or her name and district and introduction for which they are appointed for the record. She also introduced the new members Malcolm Carter and Marion Lasley. She also mentioned the two previous members Edward Allen and Larry Ganus and thanked them for their service to the PC.
- APPROVAL
OF MINUTES
Documents: PC Minutes December 11, 2014 - Dixon/Bright10-0| PC Minutes January 12, 2015 Youman/ Milton 10-0| | PC Minutes February 12, 2015 Dixon/Tranchand – pg 8 as amended 10-0
- DISCLOSURES AND DECLARATIONS OF CONFLICT - None
GENERAL BUSINESS
- PUBLIC HEARING
- PUBLIC
HEARING - (Legislative) Special Exception Uses (LDR-2015-01
Documents: Special Exception /Conditional Use PC Agenda Report
Ms. Jeglie discussed the recommendation of amendment to the Gadsden County Land Development Code (LDC) to address “Special Exception Uses” (SEU) including revising the definition of SEU in Subsection 2102, Definitions, Specifically; Renaming Section 7300 and creating Subsection 7303 ‘Supplemental Standard for Special Exception Uses’; and, amending Subsection 7202 (A) (10) Type II Procedures (Attachment 1).
Special Definition of special Exemption Uses – Lasley commented in several of the other examples that were given: They mentioned this use would not affect the health and safety of the citizens. Would like language added. Make sure neighborhood and homes are protected.
Bright some of the language gives a great deal subjectivity.
Jeglie would like to put standards in the section they are developing for that.
Chair Davis agreed with Ms. Jeglie that it be placed in the standards section.
Dixon we should create standards that allow Special Exceptions to exist.
Consensus: Special Exemption as defined with strike through
Section 7303: Standards for Special Exception Uses
Marion Lasley read her comments.
Ganus said he preferred language in section7303.
Bright suggested if it was inserted in should go in B. Criteria.
Dixon what is the definition of substantial evidence used by the County?
Jeglie the burden is on the applicant.
Gutcher commented on the last sentence she suggested added the language as specified in part a, just defining what substantial evidence. (Remove subst. evidence provide what is part a.)
Dixon don’t agree with statement at all, person has all jump through hoops.
Subsection 2102
Larry Ganus rewording of that Section read into the record.
Motion to leave definition as is: Bright/ Rowan 9-1 (Lasley opposed motion)
Subsection 7303
The burden is on the applicant to provide the information required in Part A of this section.
Motion: Tranchand/Rowan 10-0 passed
A. Lasley said more comfortable with the compatibility. Would like to have compatibility in the document the definition. Does utilities include infrastructure. Yes it does. #12 Days of Operation
Tranchand – Transportation impact stating as simple as stated in # 5 is how it should be.
Rowan/ Carter to accept A 9-1 (Lasley opposed the motion)
Question called
B. Criteria for Approval
Lasley staff needs to make sure all information is listed in the criteria.
Davis said that was redundant to add same language.
Dixon/Bright to approve B as stated
Lasley to add any other conditions by the Board or BOCC
Dixon said that’s the Board right; Like as approved as written
Motion: Dixon/Bright 9-1 (Lasley opposed) approve
C. Conditions and Safeguards add the word to.
Motion: Rowan/ McSwain 10-0 approved
Section d. Expiration, Extension and Revocation – called for public comment
Motion: Carter/ Bright as written 10-0 passed
Section E. – Bright suggestion: can it say shall expire Motion: Rowan/Carter approved as amended 10-0
Section F: Motion Bright/Rowan 10-0
Section 7202: added use and extension of a discontinuance Motion: Dixon/Bright 10-0 approved
- PUBLIC
HEARING (Legislative) -Transmittal of Future Land Use Element (FLUE)
Documents: Future Land Use Element PC Agenda Report 040915 | Stipulated Settlement Agreement Overlay Maps
Mrs. Gutcher stated this hearing is required 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 will provide certainty regarding the allowable development within each land use category, and to the future growth of Gadsden County. She commented on Policy 1.3.2 discussion of language should be amended to add Attorney’s commented and attached.
Policy 1.3.2 – Attorney’s language written read into record.
Darrin Taylor - He asked for additional time. He said they have made a great deal of progress.
Dixon what does that mean we are close.
Gutcher said we were working on the vested language. Darrin and I have been working together but, they need additional time.
Dixon asked what about the rest of the document.
Gutcher said he does not have concerns with the Stipulated Settlement Agreement. She referenced attachment 4.
Bright asked what language does you your client has a problem with.
Taylor said there was no vesting language in February.
Davis – Policy 1.32 what is the will of the Commission?
Gutcher – Neighborhood Commercial no resolution.
Davis – table section until next month.
Motion: Lasley/Rowan - table policy 1.3.2 until next meeting amended included is because we were handed language at this meeting. 10-0 passed
Tranchand – concerned about holding up efforts, are we setting precedent.
Milton – He said that staff and client have had an ongoing relationship. He said this is an exception.
Bright – it should be stated.
Gutcher – only difference is to eliminate part c.
Page 12 of 14 – Future Land Use Element Overlay Districts Sub-Element
Larry Ganus - I have been an advocate for the Stipulated Settlement Agreement. He said the Director has done an excellent job presenting. He pointed out; Policy 1.52 – third line done Highlands at Lake Talquin; section a same policy; wording added back licensed or professional waste water – developer, home owner association and professional person. Question about legalities when you have something; rural residential category Policy 1.1.5 on page 6; attachment 4 comments by Mr. Taylor – comment #5. Agreed with what he said should be added back; #6 agreed that language should go back in. Questions concerning LDC. Should be added to language you reserve the right.
At would replace the new language in the Ordinance. It would be repelled.
Taylor All issues that are attached in Attachment 4 – Are concerns are simply limited Policy Mining let’s get it right. Neighborhood Commercial. Point is not to delay the process. Policy 1.1.1 Mining.
Page 12 of 14 Future land Use - Policy 1.5.2 change and to a; A. recommend said; Will of the Board to Take out Homeowners Association
Motion Rowan/Tranchand – to take out homeowner association – withdrawn motion
Public comment – Larry Ganus
Dixon suggested leaving the language as is except
Lasley – property developer or property homeowner
Tranchand allow staff to provide
Gutcher –
Motion Policy 1.52 Tranchand/Rowan 10-0 passed (listen to record)
Policy 1.5.1 – Wildflower Policy: Rowan/ Carter – to accept language 10-0 passed
Policy 1.53
Motion move to put affordable housing back in original sections that they were in - attachment 3: and include the word or reinsert the affordable housing Bright/McSwain 7-3 (Rowan, Tranchand, Lasley opposed); motion passed
Lasley - Affordable Housing – developer of property owner; Schnepf property: would like the language added to A between county and developer
Davis - Policy 1.5.3
Staff recommend you accept language.
Dixon/Milton- moved insert the Stipulated Agreement Language as recorded without any changes. 10-0 motion carries
Tranchand difference in development and maintenance.
Ganus agreed with Commissioner Dixon’s comment. Roll it over and leave it like it is.
Lasley – Is Rooster Crossing in Stipulated Agreement – Policy 1.15.4 current policy
Page 7 or 14: Get hand out from Allara on old Mining:
Taylor – we further combined some policies.
Gutcher – there is not anything different. Get packet from Allara.
Lasley comments
Taylor comments- only intent was to move it around to make sense. Professionally we can work with staff. I need to talk with my clients.
Bright are we back to table. Motion: Bright/Carter -To table until next month’s meeting, for staff to review. Amend to have resolved by the next meeting. 10-0
Gutcher stated us having being working on this issue. Asked for time limits.
Lasley said take comments from letter received today and make recommendations. Adopted by the Board.
Public Comment
Larry Ganus, 2174 Frank Smith Road,
Darrin Taylor, 215 S. Monroe St. Suite 500
- PUBLIC COMMENTS - no comment
A.
DIRECTOR'S COMMENTS – Allara Mills Gutcher
A. Discussion of moving the May 14th meeting to May 7, 2015.
B. Distribution of the Intergovernmental Coordination Element as adopted in
January 2015. (addition)
Florida Competitive Grant
- ADJOURNMENT @8:35pm