Gadsden County Board of County Commissioners
Agenda & Notes
Thursday, December 13, 2012
Board of County Commissioners Meeting Room
7 East Jefferson Street
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
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
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