There was at least some reason for the Commission’s approval of the Family Dollar and other use rezoning for Roger Budd Jr. and Leninco out of the Francis Lake golf course in Lake Park: because it would include a condition of a berm that would continue with the property regardless of who owned it. The applicant’s attorney had made it clear that applicant considered the berm too expensive and it, along with other conditions, might make the project unfeasible. Perhaps the Commission should apply the same technique to stop the Sabal Trail fracked methane pipeline. This was in the 23 August 2014 Regular Session of the Lowndes County Commission; thanks to Toma Hawk for the video.

6.b. REZ-2014-14 Roger Budd Jr, Lakes Blvd (SR 376), R-10 to C-G, Water/Sewer, ~4.2 acres

[Work Session Start 1 minute 48 seconds.] County Planner Jason Davenport said this was a repeat of a request from 2009 “that was also denied by the County Commission at that time”. The only thing I can find from 2009 related to this is a request to rezone maybe the same property (hard to tell from the minutes) for a restaurant, for John Leanord Jr’s Leninco (no Roger Budd mentioned). How that’s the same as a request to rezone for a Family Dollar is unclear to me.

The Work Session minutes of 8 June 2009 say:

REZ-2009-03 Leninco, 5366 Golf Drive, 0199 050, 4.2 ac., R-10 to C-G, County Planner, Jason Davenport, stated that the applicant was requesting to rezone property located adjacent to the Francis Lake Golf Course. Further, both the TRC and Planning Commission recommended approval with conditions. Mr. Davenport added that his office had received only one call related to the request.

The Regular Session Minutes of 9 June 2009 say:

REZ-2009-03 Leninco, 5366 Golf Drive, 0199 050, 4.2 ac., R-10 to C-G, County Planner, Jason Davenport, stated that the applicant was requesting to rezone property located adjacent to the Francis Lake Golf Course. Further, both the TRC and Planning Commission recommended approval with conditions. Mr. Davenport added that his office had received only one call related to the request. REZ-2009-04 Marshall, 3597/3601/3615 Coleman Rd., 0055, 041, 5.34 ac., 1 lot, R-1 to C-H, County Planner, Jason Davenport, stated that the property surrounding the subject property was rezoned commercial in 1993; however, the 5.34 acres were not. Mr. Davenport added that upon hearing this, both the TRC and Planning Commission recommended approval.

Commissioner Demarcus Marshall had some questions about Roger Budd’s neighboring property, ingress, and egress. According to Davenport and County Engineer Mike Fletcher, that neighboring property and one owned by Bank of the Ozarks are already zoned commercial so they could provide driveways.

Commissioner Crawford Powell also wanted to “scratch out” a gasoline station due to potential 24 hour operation and underground gas tanks that could contaminate the lake.

[Regular Session Start 22 minutes 21 seconds.] They didn’t deny Leninco’s new request this time.

[Regular Session Start 22 minutes 21 seconds.] Davenport read the 25 conditions; seems like it would have been easier for everybody to just put the board packet item online, like so many other smaller and larger county commissions do.

[Regular Session Start 31:57] Introducing the Public hearing, Chairman Bill Slaughter said he would limit citizens not to repeat what other speakers had said, speak no longer than five minutes, and he would probably limit it to no more than five speakers. Nevermind the applicants had already had unknown numbers of people meet unknown numbers of time for unknown minutes with county staff and commissioners. He asked first for speakers in opposition.

[Regular Session Start 32:54] Sheryl Oliver said she and her husband Jack own two properties nearby. She submitted a petition to the clerk, and asked for a split zoning to prevent possible ill effects of the proposed development. She also said neighbors had not had time to digest this proposal.

[Regular Session Start 37:00] James D. Carroll said a lot of people felt it should be disapproved because “people had bought these homes intending to live there in peace and quiet” and chopping off part of the golf course would limit the recreational opportunities that attracted tourists and retirees. He also spoke previously at the Planning Commission

[Regular Session Start 39:18] Gloria Kent said she was a 37-year resident. She read a letter from Rolla B. Hendrickson had written. She said he had lived on Moss Oak Trail for 15-20 years. His letter said he was in favor of property rights and individual initiatives, however planning commissions exist to protect the interests of all concerned, and to limit ill effects such as in this case lowered real estate values, increased traffic, noise, and pollution. He said there were many other likely sites along GA 376 (Lakes Blvd.) that would be better.

[Regular Session Start 41:19] Unknown name said he and his wife had bought a house about five years ago, but “I didn’t buy it intending to look at the back of a shopping center after spending all my time working.” He also recommended putting it somewhere else.

[Regular Session Start 43:22] Rev. Richard Tumble Jr., pastor, Francis Lake AME Church, said the Land of Milk and Honey was the surrounding area, for those who live there. But “the problem is: should we be forced to accept what someone wants to do to build a building, to challenge the way of life that has already existed.” Contruction noise, dust, and views, were among the specific issues he mentioned.

[Regular Session Start 49:00] Chairman Slaughter tried to cut off the speakers at that point. Someone said they were one of the adjoining landowners. Chairman said he would dallow that. She was Robin Miller of 5385 Moss Oak Trail, who had also spoken at the Planning Commission. Once again she said she was a single mom with two children, a 19 year old freshman at VSU and a 10 year old who gets off the school bus there. She’s concerned about the safety of her children, her home, herself, and light and noise pollution.

[Regular Session Start 50:20] Chairman said he wanted speakers in favor. Roger Budd’s attorney David Sandbach of 1003 North Patterson St., Valdosta, said his client’s intention was to develop the area for smal retail, starting with Family Dollar, which is moving to free-standing locations. He said there’s commercial across the street and nearby, and the golf course would continue. New tax base and shopping location. Problems with a couple of conditions, and then he enumerated at least three:

1. Very long and expensive berm with multiple shade trees, sodding, and “a large amount of dirt to be brought in”; may not be practicable; huge expense, and he didn’t think it would accomplish what the homeowners wanted anyway.
2. Hours “very limited”. Small Wal-Mart they’re currently cultivating would be eliminated, as well as some other possibilities.
3. Split zoning would be a hardship.

[Regular Session Start 53:48] Chairman asked for more speakers in favor; there were none. Chairman closed the public participation. Somebody stood up and said there were more homeowners present. Chairman said OK.

[Regular Session Start 54:17] Commissioner Demarcus Marshall said he didn’t know the applicant “would embrace” the split zoning. Chairman, apparently speaking for the applicant, said the developer didn’t want it but the seller said he would embrace it.

[Regular Session Start 54:50] Commissioner Crawford Powell said “planning and zoning” [presumably meaning the Planning Commission] had put on a condition on lighting, and wondered “did that not get translated over?” County Planner Jason Davenport said they could do that, but they [presumably county staff] felt like the buffer and berm would take care of that. Several audience members went “No; uh-uh.” Powell said “Definitely, we would like to add that also.”

[Regular Session Start 55:25] Commissioner Richard Raines said he thought everything hinged on the berm, and if the developer didn’t want it, he was ready to vote no. He added that the only question before the Commission was whether it was an appropriate property for C-G. Then he proceeded to expound on differential property rights, including adverse effects on nearby property owners. He said he thought it was a case of “split the baby”.

[Regular Session Start 57:17] Commissioner Joyce Evans said that and hours of operation. Raines continued saying he didn’t think it would really generate much more road traffic because there’s already a Win-Dixie and a bank there. Commissioner Marshall said he agreed.

Chairman said the berm would continue with the property no matter what it was used for in the future, and that if the Commission voted no, it could be brought back up in a year for the same process with this owner or another owner.

[Regular Session Start 58:54] Commissioner Powell insisted on the lighting conditiona nd had Davenport read it. Then Powell moved for approval with all eleven conditions. Marshall seconded. Apparently Clay Griner voted for, with Evans and Raines against.

For more, see previous post.

-jsq

Short Link: