Category Archives: Code Enforcement

ULDC Update Redraft for Monday’s Planning Commission

The Technical Review Committee (TRC) has reviewed the ULDC update and has produced a final draft for the Planning Commission, which meets Monday 25 October 2010 at 5:30 PM, still at the old county commission chambers at 325 W. Savannah Avenue.

More here about condominiums.

-jsq

Continue reading →

What is a Condominium?

Regarding condominiums and zoning in the Lowndes County ULDC, Georgia condominium law basically says that zoning can’t deny condos if some other form of ownership is permitted. If there’s a five acre minimum, only one condo unit could fit in that five acres, but with community membership with the other condos on the associated property.. For example, on an 18 acre piece of property, the maximum number of units would be 3 or 4.

Of course, a condominium doesn’t have to be a dwelling unit. As Gary Stock points out The key feature is joint ownership:

“A condominium is not a building. It is a form of ownership.”
it could be a horse farm, a hunting camp, a fishing club, or other. There usually needs to be a general common area, then some limited common areas with building envelopes for condo unit owners to use to build buildings (or maybe buildings are already there). The catch is that because a condominium is all one piece of property jointly owned, drawing limited common areas and building envelopes doesn’t require zoning approval.

Appended is one of the more relevant sections of the Georgia code.

-jsq

§ 44-3-114. Effect of article upon land use, zoning, building, and subdivision laws; effect of Code Section 44-3-92; applicability of land use and zoning ordinances or laws to expandable condominium
Continue reading →

Lowndes County – ULDC Update – TXT-2010-02 – Chapter 2 – Zoning Districts and Land Uses

We received the appended message this morning from the County Planner. It includes a request to redistribute, and it had attached this PDF.

-jsq

From: “Jason Davenport” <jdavenport@lowndescounty.com>
Date: Wed, 20 Oct 2010 10:30:40 -0400
To: “Lowndes County Land Development List” <jdavenport@lowndescounty.com>
Subject: Lowndes County – ULDC Update – TXT-2010-02 – Chapter 2 – Zoning Districts and Land Uses

Good morning. Please be advised that the Greater Lowndes Planning Commission (GLPC) and the Lowndes County Board of Commissioners (LCBOC) intend to hold public hearings to consider text amendments to the Unified Land Development Code (ULDC). The proposed amendments represent updates to Chapter 2 of the Lowndes County Unified Land Development Code (ULDC)(Please See Attached). Chapter 2 of the ULDC dominantly defines the zoning districts and classifies which land uses are allowed in those districts. The primary motivation for this request stems from direction by Lowndes County leadership to do a review of the ULDC. The guiding principles in that review were to simplify the ULDC, make the regulations defensible, and finally to make the ULDC processes timely. In the administration of that review the 10 chapters of the ULDC were put in order of priority and importance. Chapter 2 and subsequently in the coming months Chapter 4 were picked as the top chapters due to their focus on regulations that deal with the primary uses of land within the unincorporated areas of Lowndes County.

How the principles translated into a review of Chapter 2 dominantly turned into a repeated series of 3 questions:

Continue reading →

Videos of pro and con biomass speakers at VBOE

Karen Noll took these videos at the 29 September 2010 meeting of the Valdosta Board of Education (VBOE). Much more about that meeting here.

-jsq

Dr. Gretchen Bielmyer speaking against the biomass plant.
Dr. Brad Bergstrom speaking against the biomass plant.
Brad Lofton and Allan Ricketts speaking for the Valdosta-Lowndes County Industrial Authority (VLCIA) and the biomass plant.

Bergstrom, Noll, and Gunning biomass questions from June 2009

These are the questions Dr. Michael Noll submitted to the LCC at its 9 June 2009 meeting. I invite anyone else who submitted written comments to that meeting to send them here and I’ll be happy to post them.

-jsq

TO: Lowndes Co. Commission
RE: Wiregrass LLC Biomass Electricity Plant
Date: June 9, 2009

Dear Lowndes County Commissioners.

As the county is currently considering the development of a biomass electricity plant, we wish to share some important concerns and questions with you, which we believe need to be addressed before any further action is taken.

First, the proposed biomass plant is being touted as a “Green Energy” project because it produces electricity from renewable materials. However, this wood waste and yard waste could have other uses—such as compost, landscaping mulch and forest soil amendments, which are much “greener” still and produce no pollution at all. The fact that these materials are labeled “waste” tells you something, and Reducing, Re-using, and Recycling waste should come higher on the list of green processing than incinerating it.

Continue reading →

Joy Towles Ezell: Florida Sierra Club biomass policy

A Sierra Club reply to Brad Lofton, copied to the Valdosta Board of Education and others.

-jsq

From: Joy Towles Ezell
Date: Wed, 29 Sep 2010 20:27:54 -0700 (PDT)

As the former Conservation Chair and the former Energy Chair of the Florida Chapter of the Sierra Club, and as the former Energy Chair of the Big Bend Group of the Florida Chapter, I must “set the record straight”. Today’s National Sierra Club policy is not as strong as the Florida Chapter’s policy was against burning biomass. I can speak only to Florida’s SC policy, so I submit to you the policies of the Florida Chapter and the Big Bend Group concerning the burning of biomass during my tenure, with our press release concerning the now defeated biomass plant in Tallahassee:

The Florida Chapter Policies were also published, in part, in The Pelican, Spring 2004, the official Florida Chapter newsletter.

Here is the Chapter policy on ‘biomass.’

Florida Chapter Sierra Club policy opposes biomass production:

“We continue to oppose the development of biomass production as an
alternative to solar and wind power. Biomass production depletes the
environment by decreasing topsoil, using more water, fertilizer and
diesel fuel than it is worth and creates more pollution.”
Page 8. http://florida.sierraclub.org/Pelican/spring04.pdf


Continue reading →

Brad Lofton: “simply walk down the hall”

This message from Brad Lofton was sent to Dr. Brad Bergstrom and the Valdosta Board of Education and some other people.

-jsq

Dr. Bergstrom-

As opposed to spending hours online and pouring through publication databases, I would respectfully recommend that you simply walk down the hall to actually discuss Dr. Tom Manning’s experience with Dr. Tom Manning. He’s in the same building with you I assume. No doubt on the same campus. Seems odd that you would publicly discredit a colleague here prior to even talking with him. Dr. Manning’s credentials certainly do not need your validation.

Thank you for finally acknowledging the Sierra Club and all of the other environmental support we have. You are the first to acknowledge it publicly. Our support goes well beyond the Sierra Club, and we provided the Board of Ed with dozens of nationally known environmental leaders who support our project.

If you would be so kind, please meet with us again, and we will provide you actual numbers

Continue reading →

Brad Bergstrom: “unsubstantiated assertions are not facts”

This message from Brad Bergstrom to the Valdosta Board of Education is as he sent it, except instead of his blue font I’ve formatted quotations the same as usual for the blog, and as usual I’ve not included the entire list of email addresses copied. He’s responding to Brad Lofton’s message.

-jsq

To all:

I appreciate the opportunity Monday night to have briefly shared my perspective on the environmental impacts of biomass incineration with the BOE. It was at the urging of the "core group" (whom Mr. Lofton seems to disparage, below) that VBOE invited me and my coleague Dr. Bielmyer to speak. As an ecologist and VSU professor for more than 24 years, I’ve long been interested in issues of conservation, forest resources and sustainable development in south Georgia. About a year-and-a-half ago, I met with Mr. Ricketts, who kindly gave me and Mr. Seth Gunning a thorough presentation on the proposed biomass plant. Ever since then, I’ve been educating myself on the general issue of biomass power generation and specifically on the Wiregrass plant. I attended the April 2010 public hearing (as did Mr. Ricketts and Mr. Lofton) conducted by EPD, and I asked several questions. I also submitted several written questions and comments to EPD for the public record, as did many others. All of those questions, and EPD’s answers, and the complete application, and permit, can be seen here:

http://airpermit.dnr.state.ga.us/gaairpermits/

(After you open this link, type "Wiregrass" into the search box, then click on "Narrative"; the last 13 pages contain all the public comments and responses.)

I’m sure Mr. Lofton is a well-meaning and certainly a tireless advocate for new industry. That is his job. It is the rest of our jobs to determine what really is "fact" and "opinion." No matter how loudly one proclaims it, unsubstantiated assertions are not facts, and inconvenient facts are not misinformation. I will point out some of these facts, along with links to document them, in blue font, interspersed among Mr. Lofton’s comments, below.

Continue reading →

‘if Mrs. Noll and any of her “experts” would actually meet with us’

Since the appended message was sent to a publicly elected board chartered by the state of Georgia, that makes it subject to Georgia’s open records law, so I am publishing it here.

-jsq

From: Brad Lofton
Sent: Tuesday, September 28, 2010 12:52 PM
To: Karen Ruff Noll, [and Valdosta Board of Education members]
Cc: Allan Ricketts; gkbielmyer@valdosta.edu; bergstrm@valdosta.edu
Subject: Re: Thank you to the Valdosta Board of Education

Good afternoon ladies and gentlemen:

We were honored last night to provide you an update on a project that enjoys so much support from environmental groups all across America, and we are thankful for your invitation and partnership. Mrs. Noll won’t admit that no governmental group or environmental group in this country that is charged with setting environmental policy is opposed to our project. Not one. In fact, they collectively point to biomass as the way forward for our country, where nearly 45 percent of our existing renewable energy portfolio is biomass. We were prepared last night to go into specific details regarding the air permit and provide the actual facts for you as opposed to the continued misinformation you are receiving from this core group. We ran out of time and apologize for the length. Please let us know when and where we can have that discussion. Our plant will be carbon neutral, with a mercury level that is so low it’s considered statistically insignificant by EPD. There is a dramatic difference between what the state and federal law allows under a statutory air permit and what our plant actually produces. This group is stating the “permitted” allowances despite the fact that the actual emissions are a very small fraction of that. Again, if Mrs. Noll and any of her “experts” would actually meet with us, we would explain that.

Rest assured that this is a safe, green, renewable energy plant

that has been vetted by scores of environmentalists, all the major universities in Georgia (including Dr. Tom Manning, a biomass researcher at VSU), and approved by every level of government. If Mrs. Noll has further concerns, I would recommend her talking to President Obama, the U.S. Dept of Agriculture, the U.S. Department of Energy, the Federal Environmental Protection Agency, the state EPD, the Sierra Club, the World Wildlife Federation, the state of Georgia’s Center of Innovation for Renewable Energy, GA Tech, UGA, the Valdosta Daily Times (who support us), and scores of others who support us.

We will not participate in a back and forth with this group. We’ll be happy to meet with any of you in person to provide additional information and facts. Everyone is entitled to an opinion, but not the facts. Thanks so much for what each of you do for our community, and it’s an honor to serve you.

Regards,

Brad

Sent from my BlackBerry Smartphone provided by Verizon

“We’re moving forward with permits in hand.”

The Executive Director of the Valdosta-Lowndes County Industrial Authority (VLCIA) responds to my message about the biomass incinerator Wiregrass Power LLC proposes to build in Lowndes County, Georgia, just outside Valdosta. he copied the VDT and the usual list.

-jsq

From: “Brad Lofton”
To: “John S. Quarterman”
Date: Mon, 27 Sep 2010 12:19:12 +0000

John:

We’re moving forward with permits in hand. Have a nice day.

BL