PLANNING COMMISSION EAR MEETING MINUTES
Date and Time: Tuesday, June 1, 2010, beginning at 5:00 p.m.
Location: South Walton County Courthouse Annex
I.
MEETING OPENED - Chairman Tom Terrell opened the meeting at 5:00 p.m. with the
Pledge of Allegiance and an invocation. Also present were Commissioners Sally
Merrifield, Tom Patton, Greg Catalano, and Hugh Marse. Staff members present
included County Attorney Lynn Hoshihara, Planning and Development Services
Director Gerry Demers, Director Jennifer Christensen, Planner Melissa Ward, and
Carrie Thiemann, Secretary to the Board.
II.
MINUTES READ/APPROVED - Commissioner Marse made a motion to approve the
April 29, 2010 Planning Commission Meeting minutes. Commissioner Catalano
seconded. Board vote: All ayes, motion carried. Commissioner Catalano made
a motion to approve the May 4, 2010 Planning Commission Meeting minutes.
Commissioner Marse seconded. Board vote: All ayes, motion carried.
Commissioner Marse made a motion to approve the May 13, 2010 Planning
Commission Meeting minutes. Commissioner Merrifield seconded. Board vote:
All ayes, motion carried.
III.
ANNOUNCEMENTS - Attorney Hoshihara stated that anyone speaking to this
Glossary needed to fill out a Comprehensive Plan Citizen Courtesy Information
List for submittal to DCA information sheet and turn it in to the Secretary.
IV. LEGISLATIVE ITEMS:
A.
EAR-BASED AMENDMENTS - A review of the following EAR-based amendments
to the Walton County Comprehensive Plan to consider a recommendation to
move forward to the Board of County Commissioners:
1. Glossary of Terms –
Page 1 – Director Christensen pointed out that EBSCO comments recommend
deleting all verbiage except Florida Statute. Per the 01/28/2009 minutes
“Adverse effect” was to be removed. Staff agreed with “Affordable housing”
comments, and “Agriculture” comments.
Page 2 – Staff will delete the last sentence in the definition of “Amendment”.
In the definition of “ADA”, 2007 Building Code should be referenced. David
Kramer referenced “Agriculture related commercial”, and stated a comma is
needed between “shooting ranges” and recreational vehicles”, and the end of
the next to last sentence should read “small engine and repair shops, and
welding shops”. Mr. Kramer had a problem with “connected to outdoor
recreational uses”.
Page 3 – Staff accepted EBSCO’s suggestion regarding “Arterial Road”. In
regards to “Bar” staff will reword this to be “Any pub, tavern, saloon, beer
garden, or other establishment licensed to serve alcoholic beverages for
consumption on premise, excluding restaurants, which is subject to regulation
June 1, 2010 Special EAR Planning Commission Minutes - Page 1 of 5
pursuant to Florida Beverage Law in accordance with Chapters 561, 562, 563,
564, 565, 567, and 568.” Staff will change the definition of “Base Flood
Elevation” to “The water surface elevation associated with the base flood.”
due to the update of our Flood Plain Ordinance, and consistent with the
National Flood Insurance Program (NFIP). Mr. Kramer questioned “Artisanal
uses”, asked what a hand tool is, and will staff define? Director Christensen
suggested removing “hand tools”. Mr. Kramer referenced “Bed & Breakfast”,
and suggested it not be limited to a single building, but specifies single
ownership. Director Christensen was concerned that multiple buildings lose
the single family home feel. Commissioner Merrifield cautioned against having
a “beach” mindset.
Page 4 – There was discussion regarding “Building”, and the recommendation
was to use “Current adopted Florida Building Code” in the definition. There
was further discussion on “Civic Uses”. Commissioner Patton suggested adding
“that are available to the public” to the end on the last sentence. In regards
to “clustering”, staff agrees with EBSCO, with the exception of adding the
word “together” after “grouping”.
Page 5 – Staff agrees with EBSCO regarding “Coastal Barriers”. Staff will
further review “Coastal High Hazard Areas”. Staff agrees with comments
regarding “Collector Road”.
Staff suggests deleting the definition for
“Common Area”. Mr. Kramer asked should we include rip-rap in “Coastal or
Shore Protection Structures”. Mr. Kramer questioned general commercial with
regard to churches. Jacquee Markel asked why “Coastal Dune Lakes and
Outfalls” is missing from this page.
Commissioner Patton suggested
referencing the Coastal Dune Lake Map, but feels that it needs to be in here.
Commissioner Merrifield agreed. Staff will work on this.
Page 6 – Staff leaves it to the Commissioners to determine if more than the
9J5 language is necessary regarding “Compatibility”. Chairman Terrell feels
that 9J5 is adequate. Commissioner Patton agrees. Staff suggests striking the
last sentence in the definition of “Comprehensive Plan”. Staff agrees with 9J5
definition of “Cone of Influence”.
Page 7 – Staff recommends leaving the definition of “Conservation”. Staff
recommends deleting the highlighted verbiage in EBSCO copy regarding
“Cumulative Impact”. Mr. Kramer suggested staff change the last word to
“facility” in the definition of “Cumulative Impact”.
Page 8 – Staff will delete “Department” and “detailed neighborhood plan”.
Staff will delete paragraph c in the definition of “Development”. Staff stated
that “agriculture” and “single family” are exempt from Paragraph e. Bottom
of the page “tower poles” should be “tower, poles,”. Mr. Kramer asked if we
should insert “corporation” in the definition of “Developer”. Mr. Kramer
asked if tearing down a mobile home is considered development. Director
Demers stated that this requires a demolition permit.
Page 9 - Staff will delete “Development Approval” and “Development
Controls”. Staff will change “BCC Final Order” to “Development Order”, and
“Development Order” to “Development Permit”. Mr. Kramer questioned
“sheds” and asked when they are a development. Mr. Kramer asked, for
example, is an aluminum shed from Lowes considered a development.
June 1, 2010 Special EAR Planning Commission Minutes - Page 2 of 5
Director Demers stated that there are regulations regarding smaller sheds
north of the bay and the 120 mph wind speed zone. Mr. Kramer referenced
the top of the page and asked if you have to get a permit for windows and
doors.
Page 10 – Staff will delete “Development Plan” and “Distribution”. At the
bottom of the page, staff will delete the last sentence “Swales are excluded
from this definition”, because they are integral.
Page 11 – Staff will use the FDEP administrative code definition for “Dune”.
Staff will delete “dwelling, attached” definition. Mr. Kramer questioned
duplexes included in “dwelling, single family”. Staff will delete “dwelling,
single family”.
Page 12 – Staff agrees to insert the word “critical” before “habitat for
endangered species” in the definition of “Environmentally sensitive lands”.
Mr. Kramer questioned educational uses and “licensed by FDOE”. Mr. Kramer
questioned “Estuary” and asked if “bayous” should be included. Director
Christensen stated that this language was from 9J5. The Planning Commission
agreed with staff.
Page 13 – Staff will delete “judgment” in “Final Order”, and work on
verbiage. Staff is leaving (a) and (b) in the definition of “Flood or Flooding”.
Staff will delete “flood prone areas”, the second “flood plain”, and
“floodplain, 100-year” will reference “base flood”.
Chairman Terrell announced ten minute recess at 6:17 pm and reconvened
at 6:27 pm.
Page 14 – Staff agrees with EBSCO comments regarding “Floor Area”. The
definition of “Floor Area Ration (FAR)” will read “The ratio of the total
building floor area in square feet to the total land area in square feet.” Staff
will delete the definition for “Green Space”. Staff will delete “Gross Floor
Area”. Mary Nelson questioned “Group Home” and asked what “residential
treatment facilities” falls under. Melissa Ward clarified that they fall under
institutional land use.
Page 15 – Staff will delete “Building Height”.
Page 16 – Staff will end the definition “Impervious Surface Ratio” “...divided
by the land area.” Mr. Kramer and Commissioner Patton recommended that
the first sentence in the definition of Impervious Surface end at “pavement”.
Mike Taylor had a question about impervious surface.
Page 17 – Staff will look into “Intrusion”. Staff will bring back revised
language regarding “Karst Spring” on June 10, 2010. Staff will leave Florida
Statute language regarding “Land”.
Page 18 – Staff agrees with EBSCO comments regarding “level of service”.
Page 19 – Per Staff, “low income housing” shall read “as set forth in
§420.0004, F.S.”, and we will delete all else. Mr. Kramer referenced
“Manufactured Home” and asked why the floodplain ordinance is referenced.
Staff will use the 9J5 definition. Commissioner Patton suggested searching the
Comprehensive Plan and if referenced, keep the last sentence “Also known as
“manufactured housing.”
June 1, 2010 Special EAR Planning Commission Minutes - Page 3 of 5
Page 20 – Commissioner Merrifield recommended staff take out “contiguous”,
and strike the last sentence in the definition of “Mining”.
Page 21 – Staff will remove “gifts of nature” from the definition of “Natural
Resources”. Regarding “Neighborhood Commercial”, staff will agree with
EBSCO. In the last sentence, staff will remove “small” from restaurants, take
out fast food restaurants, leave drive-through restaurants.
There was
discussion of drive-through restaurants being prohibited in many land uses on
U.S. 98.
Page 22 – Staff will leave the “Neighborhood Plan” definition, and delete
“non-conforming site”. Staff will delete all sub-categories of “open space”.
Mr. Kramer suggests we delete “new development”, and staff was agreeable
with this. Mr. Kramer wants to add a “non-residential uses” definition. Staff
will work on this.
Page 23 – Staff will delete “order”. David Smith entered “Definitions of
Surveying and Associated Terms into the record as Exhibit A-3, and wanted to
use definition #1 for “Ordinary High Water Line”, then “as”, then definition
#2, but not definition #3. Mr. Kramer questioned the definition of “district”.
Page 24 – Staff will delete “permit”. Staff will leave “planned unit
development” (PUD). Mr. Kramer questioned the public being in the dark
regarding what a “PUD” is. Commissioner Patton pointed out that PUD’s have
been abused. Staff agrees and will put more restrictions in the land
development code.
Page 25 – Staff pointed out that the definition of “Public Access” is directly
from 9J5. Mary Nelson wanted to discuss private versus public beaches.
Chairman Terrell stated this subject is not under the purview of the Planning
Commission. The Commissioners want to add the word “legally” in front of
“ability”. Staff will delete “Public Facilities and Services”.
Page 26 - Staff will delete “Public Facility Service Area”. Staff feels that the
definition for “Public Uses” is appropriate, changing the bebinning to “Public
uses may include:” and put a period after “canals”. Mr. Kramer asked what is
active recreation or passive recreation, and what is meant by “of a formal
nature”. Commissioner Merrifield suggested the term “organized”.
Page 27 - Staff will delete the last sentence in the “Resubdivision” definition.
Staff will delete “Rural Village”. Staff will review the definition of “Scale”.
Mr. Kramer asked if “retail offices” is used in the Comprehensive Plan. Staff
will remove “retail offices”. Mr. Kramer asked if utility easements are
included in the definition of “right-of-way”. Mr. Kramer referenced “rural
home occupation”, at the end of the third line, and stated that it should read
“, and whose occupation or profession...”.
Page 28 – Mr. Kramer stated that he likes the staff definition of “School”.
Staff will look into this. Staff will delete the words “of the public” in the
definition of “Shoreline Access”.
Page 29 – Mr. Kramer questioned what is “attached to the ground” in the
definition of “Structure”, and would like a tighter definition. Director
Christensen read F.S. 380.031(19) ““Structure" means anything constructed,
installed, or portable, the use of which requires a location on a parcel of land.
It includes a movable structure while it is located on land which can be used
June 1, 2010 Special EAR Planning Commission Minutes - Page 4 of 5
for housing, business, commercial, agricultural, or office purposes either
temporarily or permanently. "Structure" also includes fences, billboards,
swimming pools, poles, pipelines, transmission lines, tracks, and advertising
signs.” Commissioner Patton cautioned about setbacks. Staff will leave
“Structure” as is, per the Planning Commission recommendation.
Page 30 – Jacquee Markel referenced “Sweep Area”. Mr. Kramer questioned
“Trail” and asked if no motorized vehicles are allowed.
Mr. Kramer
questioned the definition of “Urban Sprawl”, staff stated this is directly from
9J5.
Page 31 – Staff will reference statute only for the definition of “Very Low
Income Housing”. Staff will delete “Visually Compatible” and “Warehousing”.
Staff will add the 1988 datum to “Water Surface Elevation”. Mr. Kramer
would like “view through homes or vegetation” added to the definition of
“Vista”. Staff will add.
Page 32 – Staff will look into the definition of “Isolated Wetland”. Mr. Kramer
asked that staff please reference please reference mapping in “Wildfire
Hazard Areas”. Director Christensen stated staff will look into this.
Page 33 – There was no comment.
Chairman Terrell announced that staff will be contacting the Planning
Commissioners about dates for special meetings this month.
V.
MEETING ADJOURNED - Commissioner Catalano made a motion to adjourn.
Commissioner Merrifield seconded. Board vote: All ayes, motion carried to
adjourn the meeting at 7:42 p.m.
Approved:
_________________________________________
Tom Terrell, Chair
Attest on this ____ day of __________________, 2010.
_____________________________________________
Carrie Thiemann, Board Secretary
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