JACKSON COUNTY
PLANNING COMMISSION
REGULAR MINUTES
July 7, 2008
PLANNING COMMISSION MEMBERS:
Mack Glass, Chairman: Present Jan Poller, Vice Chair: Absent
Clyde Crutchfield: Present Bruce Christmas: Absent
Cresh Harrison: Present Janet Taylor-Bryan: Present
John McCaffrey: Present at 7:05
PLANNING STAFF:
Joan Schairer, Director: Present
Sherry O’Connor, Executive Secretary: Present
Kimberly Cole Sweazy, Senior Planner: Present
PUBLIC:
Barbara Tew Josh Mitchell
Rick Pettis Bryan Pumphrey
Dedee McCaffrey
CALL TO ORDER: Chairman Glass called the meeting to order at 7:03 p.m.
I. READING AND APPROVAL OF MINUTES: Reading and approval of June
23, 2008 minutes. Commissioner Harrison moved to approve the minutes as
written. Commissioner Taylor-Bryan seconded the motion. Motion passed
unanimously. Commissioner McCaffrey arrived after the approval.
II. COMMUNITY DEVELOPMENT:
A. DEVELOPMENT ORDER (S):
1. Hibbett Sports (S108-00045) – Mrs. Cole Sweazy presented a request from
Hibbett Sports for a variance to Section 80-7(3)(c) Jackson County Code of
Ordinances limiting the size of signs on storefronts in shopping centers within
Jackson County. Section 80-7(3)(c) of the Jackson County Code of Ordinances
requires that each establishment within a shopping center is permitted one
building sign not to exceed one square foot of sign area for each linear foot of
store frontage within the center (frontage shall be considered for each separate
establishment) and one hanging sign not to exceed one foot by six feet. Mrs. Cole
Sweazy stated that Community Development did not recommend approving the
variance request to the Jackson County Sign Ordinance. Ms. Schairer stated that
the shopping center has a monument sign for all businesses located at the
shopping center entrance and road right-of-way. She recommended that the
Hibbett Sports representative speak to the proprietor regarding placement of a
sign on that monument. Mrs. Barbara Tew, I. D. Associates, representing the
applicant stated that the sign variance was needed so that, in the applicant’s
opinion, the sign would be readable from Highway 90. Mrs. Tew stated that
Hibbett Sports is a national company and usually goes with a standard letter
sizing for its signs. She stated that the 2 foot letter requirement of the Jackson
County Code of Ordinances was too small and that after speaking with the owner
of the mall learned that there was no space availability on the existing monument
sign. Commissioner Crutchfield stated the proposed store front sign would be a
long way from the highway. After viewing the proposed site plan, Commissioner
Taylor-Bryan asked what size letters were being proposed. Mrs. Tew replied 3
foot 6 inches. Commission Taylor-Bryan stated that she would not be opposed to
3 foot letters. After further discussion, Commissioner Crutchfield moved to
recommend approval of the sign variance to allow no more than 3 foot letters
along the store frontage to the Board of County Commissioners. Commissioner
Taylor-Bryan seconded the motion. Motion passed unanimously.
2. The Enclave at Spring Creek (S108-00045) - Mrs. Cole Sweazy presented a
request for approval of the Final Plat for The Enclave at Spring Creek, a Major
Subdivision. The subdivision includes 23-lots on 3.31 acres located on the west
side of Turner Road in unincorporated Jackson County. The future land use for
the subdivision includes Commercial and Mixed Use Urban Transitional. Mrs.
Cole Sweazy stated that the interior roadway (Rill Loop) and storm water were
privately owned. Commissioner Crutchfield moved to recommend approval to
the Board of County Commissioners. Commissioner McCaffrey seconded the
motion. Motion passed unanimously.
3. Package Store (CD08-00015)- Ms. Schairer presented a request for a
General Development order for a 2,000 square foot liquor store to be located
approximately 1 ½ miles west of Grand Ridge City Limits on the south side of
Hwy. 90 in unincorporated Jackson County. The total impervious area for the site
will be 7,715 square feet. Ms. Schairer stated that on Page 6 of the Staff Report
the 9 conditions included a cross access easement to alleviate congestion along
Hwy. 90. Ms. Schairer stated that both the proposed development and Darby’s
Convenience Store are each located on 1.7 acre tracts and are adjacent to each
other which allows for cross access easement. Ms. Schairer stated that safety
issues prompted the proposed cross access easement. She stated that with the two
driveways being closer than 300 feet and with both businesses somewhat related
in nature (ice, gas etc.) the creation of a cross access easement would alleviate any
potential safety hazard. Commissioner Taylor-Bryan asked if Darby’s store was
west of the proposed development. Mrs. Schairer stated that Darby’s store is
located east and adjacent to the proposed site. Commissioner Taylor-Bryan asked
if it was on 1.7 acre. Mr. Darby replied yes. Mr. Josh Mitchell with Bruner Civil
stated that the Darby’s did not have a problem with 8 of the conditions, but the
owner objected to the cross access between Darby’s store and the proposed
package store. Mr. Mitchell stated that he would like approval of all conditions
but that one. Ms. Schairer replied that the driveway does not conform to the
comp plan as the driveways are less than 300 feet from each other. Mr. Josh
Mitchell stated that it was true the driveway does not conform to the comp plan
policy, but comp plan policy is contingent upon Planning and DOT. He stated
that the Department of Transportation approved the connection and issued the
permit. Mrs. Cole Sweazy stated that although FDOT permitted the driveway
the proposed driveway is in violation of Jackson County Comprehensive Plan
which required the driveways to have a minimum separation of 1,320 feet. Mr.
Mitchell stated that the Darby’s did not want a cross access easement and did not
want the two properties joined. Ms. Schairer stated that the two parcels would not
become one parcel; that a cross access easement between the two parcels does not
create one parcel but will allow the two businesses to access each other’s property
without getting onto Hwy 90 and creating safety issues. Mr. Darby stated that if
he decided to sell one of the properties it would encumber his ability to do so with
the cross easement in place. Commissioner McCaffrey asked if a pedestrian cross
walk of pervious material would be beneficial. Mr. Darby replied that he could
agree to a pedestrian path. Commissioner Glass stated that cross access easements
are for safety issues and are used in several different places throughout the
county. Ms. Schairer stated that the cross access easement would allow a vehicle
to go from one business to the other without getting onto Hwy. 90. Commissioner
Harrison stated that in his opinion you should not have to have an agreement with
your neighbor. He continued by stating that in his opinion it should be treated as
if it is owned by two separate owners and DOT is not going to deny access to the
property. Commissioner McCaffrey noted that in Condition 1 of the Staff Report
it states applicant shall provide a cross access easement from existing
convenience store /gas station (Dar Bee’s Kwik Stop) to the proposed liquor store
rather than the proposed new driveway connection. Ms. Schairer stated that that
is based on not only safety but the requirements per the Comp Plan; however, she
stated that having both the cross access easement and the driveway would at least
alleviate the safety issue. Commissioner McCaffrey asked Mr. Mitchell that if the
last phrase in Condition 1 of the Staff Report was struck and the remainder of the
condition stayed would Mr. Darby be amenable. Mr. Mitchell stated no the owner
wishes to use the proposed driveway and not have a cross easement. The
Planning Commission asked Mrs. Cole Sweazy as to when the parcels were
divided. Ms. Cole Sweazy stated the property was split into two parcels in
January of this year (2008) by Mr. Darby and that until January the property had
been one parcel known as Dar Bee’s Kwik Stop. Commissioner Taylor-Bryan
asked for the front lot dimensions of the proposed parcel. Mr. Mitchell stated the
frontage along Hwy. 90 for the proposed package store was 203.5 feet.
Commissioner Taylor-Bryan asked if the parcel was zoned Commercial. Mrs.
Cole Sweazy replied yes. Commissioner Harrison asked if cross access easement
would have to be paved. Ms. Schairer replied no. Commissioner Harrison asked
where the access would be. Ms. Schairer stated that it was flexible that she did
not have a problem with where they placed it as long as the cross access easement
was accessible from both sides and off the right of way. After further discussion,
Commissioner Taylor-Bryan moved to recommend approval of the package store
site plan with all conditions except Condition 1 which was modified to read “a
pedestrian walkway from the existing store to the proposed development.”
Commissioner McCaffrey seconded the motion. Motion passed unanimously.
4, Public School Facilities Element of the Jackson County Comprehensive
Plan – Mr. Rick Pettis with David H. Melvin, Inc., was present representing the
Jackson County School Board. The request was to review and make a
recommendation to the Board of County Commissioners for transmittal to the
Department of Community Affairs. Commissioner Glass referred the
Commissioners to a July 3, 2008 memorandum from Joan Schairer, Community
Development Director. Commissioner Glass asked the Commission members if
they had had time to read the memorandum and accompanying documents and
asked for comments. Commissioner Crutchfield stated that for the past 6 or 8
months the Planning Commission with staff and the County’s consultants had
worked diligently through the process for the Evaluation and Appraisal Report of
the Jackson County Comprehensive Plan to remove all land development
regulation language from the comp plan. He stated that the school concurrency
element did not need to include land development regulation language and that he
felt the element needed revised to remove LDR language. Commissioner Glass
stated that the timeline was on a tight schedule with November 1 being the
deadline however, he stated that based on the outcome of this meeting a special
meeting by the Planning Commission may be required. Mr. Pettis stated he did
not have a problem removing LDR language out of the proposed element; he
stated that he was using a model (Wakulla County) provided to him by the
Department of Education. Ms. Schairer noted that once the Public School
Facilities Element was adopted the County was required to send to DCA a copy of
the adopted school concurrency ordinance amending the County Code of
Ordinances. Ms. Schairer stated that the Version 3, 24-page Public School
Facilities Element required editing. Ms. Schairer asked the Planning Commission
if they wished to go over each page in this meeting or have her meet with Mr.
Pettis at a later date. Commissioner Glass asked Ms. Schairer if her written
comments were for Version 2 or 3. Ms. Schairer stated that her written comments
were for Version 2 but that she had reviewed Version 3 and had made notes but
did not have time to prepare them in writing for this meeting. Ms. Schairer stated
that there were many statements throughout the document that needed to be
removed and placed in the Jackson County Code of Ordinances. Commissioner
Glass agreed. After reviewing a few of the first 6 or 7 pages, Ms. Schairer asked
when the maps would be completed. Mr. Pettis responded that the School Board
was using an existing school board map but that it needed to be updated.
Commissioner Glass asked if students were moved from one school to another by
request. Mr. Pettis stated yes. Commissioner Glass asked what the existing
deficiencies referenced on Page 3 Objective 1 referred to as he had discussed the
reference with one of the School Board members who had made the statement
that there were no deficiencies. Mr. Pettis replied that the deficiencies are from
the level of service standards. Commissioner Glass asked Mr. Pettis if he had had
an opportunity to review the list of concerns. Mr. Pettis stated yes. Ms. Schairer
questioned the need to tie the interlocal agreement to a year (Policy 2.2 Page 5
Version 3) and asked if it was to be assumed that the 2008 interlocal agreement
was never going to change. Commissioner Glass stated that the proposed element
needed to use broad language. Ms. Schairer also stated that during the EAR
process the Planning Commission had requested that the sidewalk language be
removed from the Comp Plan and placed in the interim LDR. Mr. Pettis stated
that the majority of language came from Wakulla County’s agreement. After
further discussion Ms. Schairer recommended to the Planning Commission that
the proposed element be tabled allowing the School Board and its consultant time
to obtain the necessary data analyses, revise the proposed element, draft the
ordinance and revise the interlocal agreement prior to submitting for review to the
Planning Staff and Planning Commission. Commissioner Crutchfield moved to
recommend tabling the public school facilities element until all the data analyses
was obtained, the proposed element revised, a draft ordinance was written and
interlocal agreement revised and that the items be submitted a minimum of seven
(7) days prior to the Planning Commission agenda deadline. Commissioner
Taylor-Bryan seconded motion. Motion passed unanimously.
III. OTHER BUSINESS: Waste Management of Leon County, Inc. (aka Spring Hill
Regional Landfill). Mr. Pettis requested a modification to the 100 foot interior wetland
buffer for the proposed large scale amendment. He requested that the seven (7) wetlands
interior buffers be 50 feet (meeting the requirement in the Comprehensive Plan) and that
the remainder of the condition to keep the100 foot perimeter buffer sufficient enough to
protect adjacent property from the nuisances associated with the new land use remain.
Commissioner Glass stated it is not the County’s intent to design the buffer it needs to be
sufficient enough to block view, noise and odor. After further discussion, Commissioner
Harrison moved to amend the conditions to the large scale amendment request for Waste
Management of Leon County, Inc. to read: (1) that there be a 50 foot buffer provided for
interior wetlands and (2) that the 100 foot perimeter buffer be sufficient enough to protect
adjacent property from the nuisances associated with the new land use. Commissioner
McCaffrey seconded motion. Motion passed unanimously.
IV. DIRECTOR’S REPORT: Ms. Schairer stated that P.O.S. Investments amended
ordinance for a small scale amendment had been denied by DCA with DCA citing its
legal department that placing a condition on a small scale amendment was adding text to
a Comp Plan which then makes the request a large scale amendment. Ms. Schairer stated
that the request for rescinding the ordinances had been placed on the Board of County
Commission agenda for July 22. She added that due to DCA’s interpretation, Jackson
County can no longer accept small scale amendment requests to change the Future Land
Use Map to a Mixed Use Urban Transitional (MUUT) future land use.
V. CHAIRMAN’S COMMENTS: No comments
VI. ADJOURNMENT: With no further business, Chairman Glass adjourned the
meeting at 9:00 p.m.