Planning Commission

1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Amendments to the Agenda 5. Approval of Agenda. 6. Consent 7. Citizens Requesting to be Heard on Non-Agenda Items (3-Minute Limit) The Gadsden County Board of County Commissioners welcomes and encourages public participation at all meetings of the Board. Citizens are free to speak for up to three (3) minutes on non-agenda items. Public comments and participation are also encouraged for items on the agenda. Additionally, if you are unable to attend a meeting in person, comments from the Public can also be submitted via email to CitizensToBeHeard@gadsdencountyfl.gov until noon on the date of the meeting. Comments submitted after the deadline, but prior to the meeting, will be added to the official record, but the County cannot guarantee that Commissioners and staff will have adequate time to review comments prior to the meeting. Citizens are further encouraged to participate on the County’s website at www.gadsdencountyfl.gov. 8. Public Hearing PLANNING COMMISSION REGULAR MEETING AGENDA April 23, 2026 at 6:00 PM Gadsden County Board of County Commissioners Chambers Edward J. Butler Governmental Complex 9-B East Jefferson Street Quincy AGENDA

8.a Florida Commerce - Community Development Block Grant Funding Opportunity/Application https://www.gadsdencountyfl.gov/Home/Components/Calendar/Event/823/18 8.b Public Hearing (Legislative) – 2441 Aspalaga Road Chattahoochee FL 32324 Comprehensive Plan Future Land Use Map Amendment (SSPA 2025-03) (Brianna Williams, Growth Management Planner ARPC) 8.c Public Hearing (Quasi-Judicial) – 6766 Florida-Georgia Highway Special Exception Use (SEU 2026-01) (Justin Stiell, Growth Management Director) 9. General Business 10. Clerk of Court Updates (Nicholas Thomas, Clerk of Court) 11. County Attorney Updates (Louis J. Baptiste, Interim County Attorney) 12. Planning Director Updates (Justin Stiell, Planning Director) 13. Discussion Items by Commissioners 13.a. Commissioner John Youmans, District 2 13.b. Commissioner Mark Moore, District 3 13.c. Commissioner Juliette Fisher-Jackson, District 4 13.d. Commissioner Tammy Jimenez, District 4 13.e. Commissioner Lori Bouie, District 5 13.f. Commissioner Marty Spears, District 5 13.g. Commissioner Eugene Sherman, District 1 13.h. Commissioner Charles Roberts, At Large 13.i. Commissioner Stacey Hannigon, School Board Member 14. Motion to Adjourn PC AGENDA REQUEST Smith 5th copy (1).docx Comprehensive Plan Excerpt.pdf Land Package.pdf Item 2_6766 Florida Georgia Highway PC Agenda Request.pdf Full attachments 6766 Florida Georgia Hwy.pdf

15. Receipt and File

1 Gadsden County Planning Commission Agenda Request Date of Meeting: April 23, 2026 To: Honorable Chairperson and Members of the Board From: Brianna Williams, Growth Management Planner ARPC Subject: Public Hearing (Legislative) – 2441 Aspalaga Road Chattahoochee FL 32324 Comprehensive Plan Future Land Use Map Amendment (SSPA 2025-03) Statement of Issue: A request for consideration of a Small Scale Comprehensive Plan Future Land Use Map (FLUM) amendment to the Florida Commerce to change the future land use designation from Agriculture 3 to Agriculture 1 on a 72.48 acre parcel. Applicant/Owner: Kenny and Jennifer Smith Agent: Kenny and Jennifer Smith Parcel ID Number: 2-31-3N -6W-0000-00200-0000 and 2-31-3N-6W-0000-00200-0000 Address: 2441 Aspalaga Road Chattahoochee FL 32324 Area of subject amendment: 72.48 acres Current use of the property: Timber II 80-90 Current Land Use Category: Agriculture 3 Proposed Land Use Category: Agriculture 1 Wetlands: 7.48 acre FEMA FIRM Map: Federal Emergency Management Agency (FEMA) Flood Designation Insurance Rate Map (FIRM) Panel 12039C0157C indicates areas in Zones “X” Utilities: Talquin Electric Cooperative (electric) Talquin potable water On Site Septic Tank

2 Background: Kenny and Jennifer Smith, owners, have applied to amend the Future Land Use Map (FLUM) designation of 72.48 acres from Agriculture 3 to Agriculture 1 (Attachments #1). This amendment is a small-scale map amendment per §163.3187, Florida Statutes. Applicants’ intent, if the amendment is approved, is to split the property to facilitate future home sites for family members. The current Agriculture 3 land use category would allow the owners to develop 3 home sites (density 1 unit per 20 acres) while the agriculture 1 future land use category would allow a density of up to 14 dwelling units. Analysis and Findings: The parcel is located along Aspalaga Road. The nearest parcel identified as Agriculture 1 on the Gadsden County Future Land Use map is less than 6,000 feet away when measured from parcel corner to parcel corner and passes an area as identified as Rural Residential. The current use is timber/silviculture and proposed residential/agricultural uses would be conforming to the proposed use identified in Agriculture 1. Properties to the northeast would be defined as a Residential area by character of being primarily residential in character within .25 of the proposed sites. “Residential Area: Areas designated with Rural Residential land use category on the Gadsden County Comprehensive Plan Future Land Use Map. In some contexts, such as the location of telecommunication towers, or other uses potentially incompatible with residential uses, a residential area includes areas not designated Rural Residential but which are predominately residential in character, which would include areas with existing residential structures at an average density of one (1) unit per five (5) acres located within a 0.25 acre radius from the proposed communication tower site.” The intent of the Agriculture-1 (AG-1) future land use category is to provide areas for agricultural use. The designation criteria for the AG-1 are agriculture uses and residences associated with such uses. The proposed amendment would allow for the proposed use to be consistent with the Future Land Use designation. The table below contains an analysis of the future and existing uses of adjacent properties/parcels. The adjacent properties include a mix of commercial, residential, and agriculture land.

3 TABLE 1. FUTURE LAND USE CATEGORY AND USE OF ADJACENT PROPERTY/PARCELS DIRECTION FUTURE LAND USE CATEGORY EXISTING USE* NORTH AGRICULTURE 3 TIMBER II 80-90 (5500) EAST AGRICULTURE 3 TIMBER II 80-90 (5500) SOUTH AGRICULTURE 3 TIMBER II 80-90 (5500) WEST AGRICULTURE 3 TIMBER II 80-90 (5500) and Mobile Homes (0200) *Source: Gadsden County Property Appraiser website Access: The site accesses Aspalaga road on the North. Aspalaga road is designated as a ‘minor collector- rural road’ on the adopted Gadsden County Functional Classification Map (2014). Transportation improvements such as minimum driveway separations and turn lanes are addressed at site plan review. Driveway connections will be permitted by the Gadsden County driveway connection permit. Historical Resources: The Florida Department of State, Division of Historical Resources provided an email indicating there were no previously recorded resources within the parcel. (Attachment #2). Applicable Comprehensive Plan Objectives and Policies: The following Comprehensive Plan Objectives and Policies are referenced as they apply to the Future Land Use Map Amendment. Other Objectives and Policies that are pertinent to a specific development will be addressed at the time of development order review. Attachment #3 of this report includes the applicant’s analysis of applicable Comprehensive Plan Policies. Policy 1.1.1.F Agriculture-1: The allowed uses and development restrictions for the Agriculture-1 future land use category are listed in Policy 1.1.1.F (Attachment #1). The intent of the Agriculture-1 future land use category is to provide areas for agricultural activities. Allowable uses include agriculture related uses; silviculture; residential; houses of worship; cemeteries; recreational activities; commercial activities associated with the primary agricultural use; home occupations; centralized utilizes and package plants. Density is no more than one (1) dwelling unit per five (5) acres. Development restrictions include that the Family Exception shall be allowed as long as the parent parcel can retain a minimum of three (3) acres, and the granted parcel has a minimum of three (3) acres and the other requirements of the land development code are met; minimum lot sizes for the non-

4 residential uses that are also not used for centralized shall be three (3) acres. Policy 1.2.13: Any applicant for a Future Land Use Map amendment shall at minimum supply the following information to the County when requesting such Map amendment: A. Location and amount (in percentage of total parcel) of on-site jurisdictional wetlands. The applicant indicates that there is approximately 10.32% of the property contains wetlands (7.48 acres) (Attachment #2). B. Availability and capacities of existing and proposed potable water and sanitary sewer utilities. Talquin Electric Cooperative will provide electric and potable water. A septic systems are proposed within ¼ of a mile of the property. C. Proposed location of ingress and egress of development. The parcel will access Aspalaga road, a paved county roadway. A driveway permits will be required. D. Distance and location of nearest same land use category. The subject property is 6,000 feet to the nearest AG-1 designated property. E. Description of adjacent land use categories. See Table 1, above. The property is adjacent to AG-3 designated property to the west, AG-3 designated property to the north, AG-3 to the east, and AG-3 to the South. F. In addition, for any land use category which supports residential development: 1) Existing and proposed school capacities (See Policy 10.6.1). Only one (1) residence will be allowed per parcel in the AG 1 future land use (minimum five acre parcel or three acre parcel with approved Family Exception). Pursuant to the ‘Gadsden School District Work Plan’ all applicable schools are operating at less than capacity. 2) Existing and proposed park space (See Policy 6.3.3). A single unit per parcel will not trigger the requirement for additional park space (Gadsden County Planning & Community Development). Per the applicant, approximately 10.32% of the property contains wetlands (7.48 acres). There are 11.05 acres located outside of the wetlands and flood plain. (Attachment 2). The applicant will be required to maintain a 50’ wide natural buffer between proposed dwelling units and the wetlands. The septic system must be setback 100’ from the wetlands as required by Comprehensive Plan Policies 5.3.2 and 5.3.3.

5 Public Notice Requirements (LDC): Per Subsection 1302.D of the LDC, the public hearing notices were mailed to all property owners within 1,000 feet of the property prior to the meeting (Attachment #3), the public hearing was noticed in the three (3) local papers, and a sign was posted on the property. Board Options: 1. Recommend approval of the Smith (2441 Aspalaga Road, Chattahoochee FL, 32324) Small Scale Comprehensive Plan Future Land Use Map Amendment (SSPA 2025-03). 2. Recommend denial of the Smith (2441 Aspalaga Road, Chattahoochee FL, 32324) Small Scale Comprehensive Plan Future Land Use Map Amendment (SSPA 2025-03) 3. Planning Commission Direction. Planning Staff Recommendation: Option 1 Attachments: 1. Comprehensive Plan Policy 1.1.1.F,and 1.1.1.H. 2. Application with Support Documentation 3. Public Hearing Notice

Comprehensive Plan Excerpt 1.1.1.F. Agriculture-1 1) Purpose and Intent – The intent of this category is to provide areas for agricultural activities. 2) Designation Criteria – Agriculture uses and residences associated with such uses. 3) Density – No more than one dwelling unit per five (5) acres 4) Impervious Surface Area – No more than 0.10 lot coverage except the centralized utilities uses are exempted from impervious surface requirements. 5) Allowable Uses – Agriculture related uses; Silviculture; residential; houses of worship; cemeteries; recreational activities; commercial activities associated with the primary agricultural use; home occupations; centralized utilities and package plants. 6) Development Restrictions - The Family Exception shall be allowed as long as the parent parcel can retain a minimum of three (3) acres, and the granted parcel has a minimum of three (3) acres, and the other requirements of the Land Development Code are met; minimum lot size for the non-residential uses that are also not used for centralized utilities described in this part shall be three (3) acres. 1.1.1.H. Agriculture-3 Development within the Agriculture-3 category shall be the same parameters as the Agriculture-1 category in F. above, except that: 1) Density - No more than one dwelling unit per twenty (20) acres; and, 2) Solar power generation facilities are an allowable use on parcels twenty (20) acres or greater in size.

View Map SMITH JENNIFER M SMITH KENNY S 9424 RANCCHERO RD TALLAHASSEE, FL 32305 Apply for Homestead Exemption Application for Ag Land 2025 Working 2024 Certified Values 2023 Certified Values 2022 Certified Values + Improvement Value $0 $0 $0 $0 + Land Value $270,221 $362,400 $144,960 $144,960 Land Agricultural Value $10,220 $12,530 $13,800 $14,760 Agricultural (Market) Value $270,221 $362,400 $144,960 $144,960 = Just Market Value $270,221 $362,400 $144,960 $144,960 = Total Assessed Value $10,220 $12,530 $13,800 $14,760 - Exempt Value $0 $0 $0 $0 = Taxable Value $10,220 $12,530 $13,800 $14,760 Save Our Homes or AGL Amount $0 $0 $0 $0 "Just Market Value" description - This is the value established by the Property Appraiser for ad valorem purposes. This value does not represent anticipated selling price. Land Use Number of Units Unit Type Land Type Frontage Depth TIMBER III 70-79 (5600) 4.99 Acres AG USE 0 0 TIMBER II 80-90 (5500) 40.00 Acres AG USE 0 0 WET/HARDWOOD (5900) 7.48 Acres AG USE 0 0 Parcel Summary Parcel ID 2-31-3N-6W-0000-00200-0000 Location Addr 2441 ASPALAGA RD CHATTAHOOCHEE, FL 32324 Brief Tax Description* OR 969 P 778; OR 967 P 1386; OR 956 P 1827; OR 759 P 908 OR 760 P 436 OR 641 P 1836; OR 628 P 50 OR 217 P 593,601,613,615 NW1/4. 10 ACRES OFF S. SIDE OF NE1/4 OF SW1/4 LESS 1 ACRE IN NEC. SE1/4 OF SW1/4, LESS A LOT 91 FT. SQ. IN NEC. W. 825 FT. OF SW1/4 OF SE1/4, LESS A LOT 330 FT. E. & W. BY 208 FT. N. & S. IN NWC. SE1/4 OF SE1/4. BEGIN 521.5 FT. E. OF SWC OF NE1/4 OF SE1/4 RUN N. 417.5 FT., W. 104 FT., N. 417.5 FT., W. 417.5 FT., N. 485 FT., E. 1320 FT., S. 1320 FT., W. 798.5 FT. TO P.O.B. LESS R/WAY PER OR 292 P 468. IN SECTION 31-3N-6W. LESS AND EXCEPT: TRACT ONE ID# 31-3N-6W-0000-00410-0000 A PARCEL OF LAND LYING IN THE E1/2 OF THE SE1/4 OF SECT 31-3N-6W, GADSDEN COUNTY, FL., AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ATA FOUND A CONCRETE MONUMENT MARKING THE NEC OF SAID E1/2 OF THE SE1/4 AND RUN; THENCE S 00*40'24 E ALONG THE EASTERN BOUNDARY OF SAID E1/2 OF THE SE1/4 1770.06 TO A RE-BAR ON THE NORTHERLY R/W BOUNDRY OF ASPALAGE RD (60 FT R/W); THENCE NORTHWESTERLY ALONG SAID NORTHERLY R/W BOUNDARY AS FOLLOWS: THENCE N 50*43'30 W 393.74 FT TO A CONCRETE MONUMENT FOR A POINT OF CURVE TO TH (Note: *The Description above is not to be used on legal documents.) Property Use TIMBER II 80-90 (5500) Sec/Twp/Rng 31/3N/6W Tax District COUNTY (District 007) Millage Rate 14.7687 Acreage 52.47 Homestead N Owner Information Homestead Application Application for Ag Land Valuation Land Information Gadsden County, FL 10/13/25, 5:10 PM qPublic - Gadsden County, FL - Report: 2-31-3N-6W-0000-00200-0000 https://qpublic.schneidercorp.com/Application.aspx?AppID=814&LayerID=14537&PageTypeID=4&PageID=6817&Q=969411209&KeyValue=2-31-3N-6… 1/2

Sale Date Sale Price Instrument Deed Book Deed Page Sale Qualification Vacant or Improved Grantor Grantee 6/10/2025 $287,700 Warranty Deed 967 1386 01 - Qualified Vacant EBCF LLC JENNIFER M SMITH 10/11/2024 $1,135,000 Warranty Deed 956 1827 05 - Qualified Vacant FIA TIMBER GROWTH FLORIDA 1 EBCF LLC 3/30/2012 $4,760,100 Warranty Deed 759 908 05 - Qualified Vacant PLUM CREEK TIMBERLANDS L P FIA TIMBER GROWTH FLORIDA 1 LLC 6/9/2006 $100 Warranty Deed 641 1836 01 - Qualified Vacant EPC HOLDINGS 685 LLC PLUM CREEK TIMBERLANDS LP 12/16/2005 $11,981,200 Warranty Deed 628 50 NA - Unqualified Vacant SOTERRA LLC EPC HOLDINGS 685 LLC No data available for the following modules: Buildings, Commercial Buildings, Mobile Home Buildings, Sketches, Extra Features, Photos. Sales The Property Appraiser makes every effort to produce the most accurate information possible. No warranties, expressed or implied are provided for the data herein, its use or interpretation. The assessment information is from the last certified tax roll. All other data is subject to change. | User Privacy Policy | GDPR Privacy Notice Last Data Upload: 10/10/2025, 5:51:26 PM Contact Us Developed by 10/13/25, 5:10 PM qPublic - Gadsden County, FL - Report: 2-31-3N-6W-0000-00200-0000 https://qpublic.schneidercorp.com/Application.aspx?AppID=814&LayerID=14537&PageTypeID=4&PageID=6817&Q=969411209&KeyValue=2-31-3N-6… 2/2

Esri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community

Wetlands Exhibit Map & Percentage Summary Parcel: 2441 Aspalaga Rd, Quincy, FL Total Parcel Size: 72.48 acres Wetland Area: 7.48 acres Percent Wetlands: 10.32% The following maps illustrate the parcel boundaries and the NWI wetlands overlay. Figure 1. Parcel Boundary (72.48 acres) Figure 2. NWI Wetlands Overlay (7.48 acres, 10.32%)

Gadsden County Planning Commission Agenda Request Date of Meeting: April 23, 2026 To: Honorable Chairman and Members of the Planning Commission From: Justin Stiell, Growth Management Director Subject: Public Hearing (Quasi-Judicial) – 6766 Florida-Georgia Highway Special Exception Use (SEU 2026-01) Statement of Issue: Consideration of a request for approval of Special Exception Use (SEU) for 6766 Florida-Georgia Highway to operate as a bar, lounge, and event center. The applicant is seeking approval of a Special Exception Use to allow the operation of a bar/lounge within an existing commercially designated area. The proposed use includes hours of operation from Friday through Sunday, 9:00 p.m. to 2:00 a.m., with occasional special events anticipated approximately 3–4 times per month, hosting 50–100 attendees. General Information: Applicant: Talquin Water & Wastewater, Inc. Property Owner: James Kenon Agent: Tiffany Calloway Location of Property: 6766 Florida-Georgia Highway Tax Parcel ID Numbers: 2-26-3N-2W-0210-0000A-0300 Future Land Use: Commercial Area of Subject Parcel: 0.218 acres +/- Current (Existing) Use: Vacant structure most recent use is Internet Cafe Proposed Use: Bar, Lounge and event center Wetlands: No

Flood Zone: Zone X Available Sanitary Sewer Facilities: Not applicable Available Potable Water Facilities: Talquin Electric Electric Provider: Talquin Electric Table 1. ADJACENT FUTURE AND CURRENT (EXISTING) LAND USES* Direction Future Land Use Category Current (Existing) Use North Commercial Restaurant/café (2100) Single Family (0100) East Commercial Day care Facility (1701) South Commercial Vacant (1000) West Commercial Vacant (1000) *Gadsden County Geographical Information Systems (GIS) and Gadsden County Property Appraiser data. Procedure: Pursuant to Section 7301.B (Attachment 3) of the Gadsden County Land Development Code (LDC), bars, lounges, and event centers are permitted within the Commercial Future Land Use category as a Class II use, subject to approval as a Special Exception Use (SEU). Class II uses require • Review by the Planning Commission • Final action by the Board of County Commissioners (BOCC) • A quasi-judicial public hearing, conducted in accordance with Section 1305 (Quasi- Judicial Hearing Standards) of the LDC The Planning Commission is responsible for making a recommendation to the BOCC based on competent, substantial evidence and the criteria outlined in Section 7303.B Special Exception Criteria (attachment 3) and Subsection 1102.A.5 (attachment 4) of the LDC. Special Exception Findings:

Pursuant to Subsection 1102.A.5, the Planning Commission shall have the duty and responsibility to make recommendation to the Board of County Commissioners regarding the merits of a special exception. Recommendations shall include the criteria for approval for SEU as adopted in Section 7300 of the LDC and as addressed by the applicant in Attachment 5. Staff Analysis: The request has been evaluated based on the applicable Special Exception criteria of the LDC. Compatibility with Adjacent and Nearby Uses: The surrounding Future Land Use designation is Commercial, which generally supports the proposed use. However, compatibility must be evaluated based on existing adjacent uses. The subject property directly abuts Kid’z Focus Learning Center, a daycare facility operating Monday through Friday, 6:00 a.m. to 5:00 p.m., in operation since 2017. The property is also in proximity to residential uses. The operational characteristics of a bar/lounge—including late-night activity, noise, and traffic are not characteristically compatible with a daycare or nearby residential environment. While the applicant proposes limited hours of operation, this does not fully mitigate indirect impacts such as late-night disturbances and activity spillover such as parking and noise. Staff Finding: Partially consistent. General Compatibility with Adjacent Properties: Although the area is commercially designated, the intensity and nature of the proposed use differ from nearby uses, particularly the adjacent daycare and nearby residences. This raise concerns related to: • Noise sensitivity • Safety perception • Overall land use harmony Staff Finding: Limited compatibility due to adjacent sensitive uses. Noise, Glare, and Odor Impacts: The applicant has indicated compliance with the County’s noise ordinance. However, this represents a minimum standard and does not fully address typical impacts associated with nightlife establishments. No enhanced mitigation measures have been provided. Staff Finding: Potential adverse impacts remain; mitigation is minimal. Refuse and Service Areas: Existing refuse and service areas will be utilized. Staff Finding: Acceptable. Off-Street Parking and Loading:

Per Section 5607, a 5,427 square foot bar/lounge requires 55 parking spaces. The existing site does not meet current parking requirements. The applicant has indicated that adjacent parcels to the south may be used for parking; however: • A lease agreement has not been provided • Parking availability is not formally documented or secured The County reserves the right to require compliance with current standards or a reduction in from the parking standards based on the changes in use. Staff Finding: Parking adequacy has not been demonstrated; noncompliant. Signage and Exterior Lighting: The applicant indicates no greater impact than the existing use. However, nighttime operations typically require increased lighting. Staff Finding: Acceptable. Transportation and Traffic Impacts: The proposed use is expected to increase traffic, particularly during special events with 50–100 attendees. No traffic management plan has been submitted. Primary parking is accessed directly onto US. Hwy 27. Staff Finding: Moderate impacts anticipated; mitigation not provided. Utilities: Existing utilities will be utilized. Staff Finding: Adequate. Buffers and Screening: The only existing buffer between the subject property and the daycare is a chain-link fence, which does not provide adequate visual or noise screening. While installation of an opaque fence is possible, it has not been formally proposed or conditioned. Staff Finding: Does not meet buffering requirements; significant deficiency. Hours of Operation: Proposed hours (Friday–Sunday, 9:00 p.m. – 2:00 a.m.) reduce direct overlap with daycare operations. However, late-night activity may still impact surrounding uses. Staff Finding: Partial mitigation only. Setbacks and Screening: Existing setbacks are not supplemented with adequate screening or buffering. Staff Finding: Inadequate. Alcohol Distance Separation Requirements:

Chapter 6 of the Gadsden County Code of Ordinances (Attachment 9) establishes a 1,000-foot separation requirement between establishments selling alcohol and certain uses, including churches. Based on available information and Property Appraiser data, the subject property is located within 1,000 feet of a church, measured from building entrance to church. This condition represents a potential noncompliance with County Code requirements. Staff Finding: Does not meet distance separation requirement. Summary Of Findings: Consistent with Criteria: • Commercial Future Land Use designation • Use of existing structure and utilities • Limited hours of operation Inconsistent or Deficient: • Compatibility with adjacent daycare and nearby residential uses • Inadequate buffering and screening • Noncompliant or unverified parking • Insufficient noise mitigation measures • Traffic and event-related impacts • Failure to meet alcohol distance separation requirements Staff Recommendation Recommendation: Denial Staff find that the proposed Special Exception Use does not meet the criteria for approval set forth in the Gadsden County Land Development Code and Code of Ordinance. Specifically, the request fails to demonstrate: • Compatibility with adjacent sensitive uses • Adequate buffering and screening • Compliance with parking requirements • Compliance with alcohol distance separation standards Alternative Recommendation: Approval with Conditions Should the Board choose to approve the request, staff recommends the following conditions: 1. Installation of a solid buffer (e.g., opaque fence, wall, and/or dense landscaping) along the property boundary adjacent to the daycare facility. 2. Implementation of noise mitigation measures, including prohibition of outdoor amplified music after 7pm. 3. Demonstration of compliant off-street parking, or provision of an approved shared parking agreement. 4. Submission of a traffic and event management plan, including security measures. 5. Limitation on event frequency and occupancy. 6. Authorize Staff to complete the zoning verification for the Alcohol license application. 7. Compliance with all applicable County codes and ordinances.

Public Notice: Per Subsection 1304 of the LDC, the public hearing notice has been mailed to all property owners within 1,000 feet of the property; the public hearing was noticed in the three (3) local newspapers, and a sign was posted on the premises. Options: 1. Recommend conditional approval with the following conditions: 8. Installation of a solid buffer (e.g., opaque fence, wall, and/or dense landscaping) along the property boundary adjacent to the daycare facility. 9. Implementation of noise mitigation measures, including prohibition of outdoor amplified music after 7pm. 10. Demonstration of compliant off-street parking, or provision of an approved shared parking agreement. 11. Submission of a traffic and event management plan, including security measures. 12. Limitation on event frequency and occupancy. 13. Authorize Staff to complete the zoning verification for the Alcohol license application. 14. Compliance with all applicable County codes and ordinances. 2. Denial. 3. Discretion of the Planning Commission. Planning Recommendation: Option 2 Attachments: 1. Location Map and Future Land Use Map 2. Policy 1.1.1.k and Subsection 4202.D, Commercial Uses 3. Section 7300, Special Exception Uses 4. Subsection 1102 5. Application with Support Documents 6. Subsections 1303-1305 Quasi-Judicial Hearing Standards 7. Distance to Church 8. Noise Ordinance 9. Alcohol Ordinance 10. Public Comments 11. ARPC Review

6766 Fla-Ga Hwy is located at the intersection of US 27 and Carver Avenue COMMERCIAL FUTURE LAND USEAttachment 11

Comprehensive Plan Policy 1.1.1: Gadsden County shall regulate the use of land through the adopted land use categories as follows. The Future Land Use Map (Exhibit 1) shall be used to determine the location and extent of development within Gadsden County. K. Commercial 1) Purpose and Intent – The intent of this category is to provide areas for general commercial activities. 2) Designation Criteria – Areas along collector or arterial roadways, as designated on the Functional Classification of Roadways Map in the Transportation Element. Exception: Recreational Vehicle Parks requiring adjacent locations to recreation or tourism assets such as State or Federal Recreation area or water amenities such as rivers or lakes, and shall be: a. located within ¼ a quarter mile of a regionally state or federally managed recreation area, lakes or rivers and should provide direct access to these environmentally sensitive areas. b. supported by a transportation analysis to address the physical and operational impacts on the local roadway network. 3) Density – 0.00 except for mobile home parks and Recreational Vehicle (RV) parks which shall be limited to a maximum of five units per acre. 4) Intensity – The floor area ratio shall not exceed 1.0. Each mobile home or RV park shall be required to demonstrate no degradation of Level of service on the County or State transportation network supporting the proposed development or submit plans to mitigate those discovered impacts. 5) Impervious Surface Area – No more than 0.75 lot coverage, except the centralized utilities uses are exempted from impervious surface requirements. 6) Allowable Uses – All uses allowable in the Neighborhood Commercial category; museums; galleries; other civic activities; lodging establishments; private clubs; entertainment; wholesale sales; shopping centers; office complexes; light manufacturing uses that are restricted to in-plant assembly; mobile home parks, recreational vehicle parks. 7) Development Restrictions – The storage of outdoor equipment must be screened from the public right-of-way. Junk yards or construction and debris landfills are prohibited in this category. Mobile home parks and Recreational Vehicle Parks shall be on a centralized water and waste water system to receive a density of greater than one dwelling unit per acre. Land Development Code Subsection 4202. Types of Uses. ….Attachment 22

D. Commercial Uses. Class I Commercial Uses Class I Commercial land use activities include a wide variety of general commercial, recreational, entertainment and related activities. Examples include the professional and office uses listed in Subsection 4202.E., as well as the following types of commercial uses. The below listed land use activities are not an exhaustive list of commercial activities, although are representative of the Class I General Commercial uses allowed by this Code. Class I, General Commercial uses are considered uses by right, with proper planning controls in all areas designated as Commercial or Light Industrial on the Future Land Use Map. The Planning Commission and Board of County Commissioners will receive status reports of all Class I General Commercial applications in the monthly planning report. (Ord. # 2003-006, 8-19-03) 1. Grocery stores, super markets and specialty food stores and bakeries, (< 20,000SF) 2. Medical Walk-In clinics. 3. Hotels and motels, (<24 units) 4. Small Shopping centers, (<50,000 sf, no major magnet stores) 5. Service businesses such as blueprinting, printing, catering, tailoring, travel agencies, upholstery shops and laundries/dry cleaners. 6. Miniature golf and golf driving ranges. 7. Retail plant nurseries. 8. Veterinary offices and animal hospitals, without outside kennels. 9. Restaurants, including take-out and sit down restaurants and restaurants with out-door seating. 10. Funeral homes with or without crematories. 11. Farm and garden supplies. 12. Financial institutions with or without drive-up facilities. 13. Motor vehicle sales, utility trailer sales, rental, service and repair, including truck stops, body shops, road services and car wash facilities. 14. Gasoline sales and service and the combination of gasoline sales and food marts and similar functions. 15. Roadside fruit, produce sales and fireworks stands. All fireworks stands must be inspected by the authority having jurisdiction for inspections. 16. Other commercial land use activities as determined to be Class I by the Planning Director, has minimal offsite impacts and would not be considered to be a nuisance to adjacent properties. (Ord. # 2003-006, 8-19-03) (Ord. # 2006-020, 8-29-06) Class II Commercial uses. Class II, General Commercial land use activities include those activitiesAttachment 23

which require outdoor storage, have higher trip generation rates and/or the potential for greater nuisance to adjacent properties than Class I, General Commercial land use activities. Class II General Commercial land use activities are considered Special Exception uses and require review by the Planning Commission and approval by the Board of County Commissioners. (Ord. # 2003-006, 8-19-03) 1. Recreational vehicle parks and travel trailer parks (see Subsection 5900), mobile home parks. This does not include mobile home sales. 2. Truck Stops and fuel facilities with more than 6 fueling stations. 3. Taverns, bars, lounges, night clubs, restaurants with alcoholic beverage sales, and dance halls. 4. Outdoor flea markets, and other similar markets. 5. Veterinary offices and animal hospitals, with outside kennels. 6. Civic and Fraternal organizations. 7. Light industrial uses with no off-site impacts that are primarily oriented towards enclosed manufacturing, redistribution, assembly and warehousing. This includes self storage facilities over 10,000sf GFA. 8. Theaters and auditoriums. 9. Circuses, fairs and carnivals. 10. Other land use activities as determined to be Class II. 11. Childcare / Daycare facilities 12. Adult Daycare and Adult Congregate Living Facilities (ACLFs) with more than six clients. See Subsection 5105.B. and Subsection 2102, Special Residential Uses. (Ord. # 2003-006, 8-19-03) (Ord. # 2006-020, 8-29-06)Attachment 24

Gadsden County LDC Chapter 7 l Development Orders, Development Permits, and Development Agreements REVISED 04/06/2021 Page 13 of 19

terminated. The Planning Director shall set a date for the Public Hearing. Notice format and necessary recipients are as required in Subsections 7501 and 7502 and of this Code. At the public hearing, the Board shall review the report of the Planning Commission and provide any other pertinent information. Interested persons shall be given the opportunity to present new testimony and information as to why the matter should or should not be approved. (Ord. 1996-005, 7-2-96; Ord. # 2003-006, 8-19-03) SECTION 7300. SPECIAL EXCEPTION USES. Subsection 7301. Standards for Special Exception Uses. The approval of a special exception use does not create precedence as each use is considered on a case-by-case basis. Due to the nature of special exception uses, criteria shall be applied to ensure compatibility of the proposed use with adjacent and nearby uses and developments. The burden is on the applicant to prove by substantial evidence that the granting of the special exception is in the public interest. A. Required Information. At minimum, the following information must be provided in writing and on a site plan, as applicable, as part of the application in order for consideration of the request: 1. Describe the proposed special exception use; 2. The physical factors by which the environmental impacts of the project on the site and adjacent sites can be assessed; 3. The scale and character of the proposed special exception use in relationship to adjacent and nearby uses and structures; 4. Setbacks required and proposed to insure compatibility; 5. Transportation impacts, access and location; 6. The location of available utilities; 7. The location, dimensions, and lighting of signage: 8. The location of off-street parking and loading areas where required and screening detail, if applicable; 9. The exterior lighting detail with reference to glare, traffic safety and compatibility with surrounding properties;Attachment 35

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10. The location of refuse and service areas, with particular reference to location and screening in relation to adjacent uses; 11. Buffering and screening detail at 1.5 times the buffer requirements including type, dimensions and materials; 12. Days and hours of operation; 13. Number, frequency, and duration of special events annually; 14. Measures to insure compatibility including but not limited to those listed in Subsection 5002.B, Compatibility of the Land Development Code. B. Criteria for approval. The following criteria shall be used in the determination of the issuance of the special exception use: 1. Compatibility of the proposed special exception use with adjacent and nearby uses in terms of use, scale, character, height, setbacks, and open space; 2. General compatibility with adjacent and nearby properties; 3. The noise, glare or odor effects of the use on surrounding areas; 4. The impacts of refuse and service areas, with particular reference to location and screening in relation to adjacent uses; 5. The impacts of off-street parking and loading areas on adjacent uses; 6. The impacts of signs and proposed exterior lighting if any with reference to glare, traffic safety and compatibility with adjacent and nearby properties; 7. The impacts of transportation access and location with respect to abutting transportation facilities particularly in reference to automotive, bicycle, pedestrian, public service and fire safety, convenience, traffic flow and control; 8. Utilities, with reference to location and availability; 9. The adequacy of buffers with reference to type, dimensions and character; 10. The impacts of hours of operation and the frequency and duration of special events; 11. The adequacy of setbacks and buffers in screening and insuring compatibility with adjacent properties;Attachment 36

Gadsden County LDC Chapter 7 l Development Orders, Development Permits, and Development Agreements REVISED 04/06/2021 Page 15 of 19

12. Compliance with supplemental requirements set forth in the Land Development Code for the particular use involved. C. Conditions and Safeguards. In granting a special exception, the Board of County Commissioners may prescribe specific conditions to address the criteria listed in Part B above as a condition of the approval of a special exception use. D. Expiration, Extension and Revocation. A development order shall be issued for the special exception use within twelve (12) months from the date of grant, unless an extension is granted by filing an appeal to the Planning Official. The extension request must demonstrate that the use is being actively pursued by evidence of an application for building permit, preliminary site or development plan, preliminary plat, state permit or other evidence satisfactory to the Board. The extension shall not exceed six (6) months from the expiration of the special exception approval. No more than one (1) extension may be granted Noncompliance with the terms of the special exception shall be deemed a violation of the special exception approval and shall be resolved within 90 consecutive days or the special exception use shall be revoked. E. Discontinuance. Unless an extension is approved by the Board of County Commissioners within two (2) years of the discontinuance of the use for which the special exception was granted, the special exception use shall expire. An application for extension shall be filed with the Planning Division and be supported with evidence demonstrating that the use was being actively pursued, such as but not limited to the continuation of electrical services, an active real estate contract, a contract to buy or sell the use, building permits, etc. No more than one (1) extension may be granted. F. Quasi-Judicial. A special exception use shall be considered at a quasi-judicial hearing and shall adhere to the requirements of Subsection 1304. (Ord. # 2015-012, 10-15-2015) SECTION 7400. VACATION OF RIGHTS-OF-WAY. Subsection 7401. Vacation of Rights-Of-Way and Public Easements. A. Vacation Criteria: A proposal to vacate a right-of-way, or easement or other public place shall be conducted under the Type IV procedure with supplements or modifications required to comply with State law. A proposal to vacate a right-of-way, easement or other public place shall be filed on the appropriate application to the Board of County Commissioners. The County Commission shall make affirmative findings on the following criteria if the vacation is to be granted: 1. The proposal is consistent with the Comprehensive Plan.Attachment 37

GADSDEN COUNTY LAND DEVELOPMENT CODE CHAPTER 1 ADMINISTRATION AND ENFORCEMENT SECTION 1100. ADMINISTRATIVE RESPONSIBILITIES. The legally constituted bodies and agencies of Gadsden County, Florida or persons enumerated below shall have the duties and powers as set forth in this section of the Gadsden County Land Development Code Subsection 1102. Planning Commission. The Planning Commission shall be the Local Planning Agency of Gadsden County as provided for in Chapter 163, Florida Statutes. A. Duties and Responsibilities. The Planning Commission shall have the following duties and responsibilities. 1. To make recommendations to the Board of County Commissioners regarding amendments to the Comprehensive Plan and Future Land Use Map. 2. To monitor the effectiveness and status of the Comprehensive Plan and recommend to the governing body such changes in the Comprehensive Plan as may from time to time be required, including preparation of periodic reports required by §163.3191, Florida Statutes. 3. To make recommendations to the Board of County Commissioners regarding amendments to the Land Development Code. 4. To make recommendations to the Board of County Commissioners regarding proposed development agreements, Developments of Regional Impacts, or the equivalent. 5. To make recommendations to the Board of County Commissioners regarding the merits of a special exception, variance, development or other similar requests as specified in this Code. 6. To make recommendations to County staff on matters affecting land development within the unincorporated portions of Gadsden County, whichAttachment 48

may include certain development order requests. (Ord. # 2015-012, 10-15-15)Attachment 49

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