Tag Archives: rezoning

REZ-2012-09 Copeland rezoning @ LCC 2012-06-12

How can a man with health care financial troubles make a living with a shop he’s had for decades when some of the neighbors complain about a rezoning that is now required? A controversial case that raised issues ranging from wetlands to public safety to Moody Air Force Base jets flying out of Valdosta Airport made its way through two appointed boards to a Solomonic rezoning decision by the elected Lowndes County Commission. Nobody wanted to deny a man a living, but many people wanted to limit potential commercial uses of the subject property. The Commissioners attempted to take all that into account, yet failed to incorporate two major considerations raised by neighbors, mentioning one of them only to disparage it. Even that isn’t the end of it, since it may head back to the Zoning Board of Appeals for a buffer variance. Here are videos of REZ-2012-09 Copeland at the Lowndes County Commission.

It had been to the Planning Commission for a recommendation on rezoning, it had been to the Zoning Board of Appeals for a buffer variance, Monday morning it had been to the County Commission Work Session at which we learned a bit more, and Tuesday evening it went to the Lowndes County Commission Regular Session for a vote on rezoning.

Monday 11 June 2012 Work Session

At the 8:30 AM Monday Work Session, County Planner Jason Davenport had several updates since Commissioners had received their packets the previous week.

  • An email from a Mr. Bradford in opposition.
  • Some open records requests to be filled after the work session.
  • Some opponents of the rezoning had hired a lawyer. (Those of you who watched Bill Nijem at the Zoning Board of Appeals meeting already would have guessed that. Nijem also spoke the next day at the Regular Session.)
  • Davenport had met with the applicant, Mr. Copeland, who had provided more materials because he believed there were some accusations about lack of continuous operations in the building.

Davenport summarized that he thought there were three camps:

  1. Those not supporting the case.
  2. Those supporting the case,
  3. Those supporting the case with conditions,

He said one possibility would be for he and the county attorney to meet with the opposition attorney to try to work out some conditions.

Tuesday 12 June 2012 Regular Session

The agenda item was

6. Public Hearings – REZ-2012-09 Copeland, 3258 & 3264 Loch Laurel Rd, R-A & R-1 to C-C, well & septic, ~5 acres

Here’s a list of every citizen speaking for, at any of GLPC, ZBOA, or County Commission: John A. Copeland (the applicant), Kevin Copeland (applicant’s son), Nancy Hobby, Charles Miles, Fuller Sorrell, Alan Davis, Robert Roffe, and Norman Bush, plus a petition for.

Here’s a list of every citizen speaking against, at any of GLPC, ZBOA, or County Commission: Bill Nijem (attorney for several neighbors), Jimmy Hiers, Gail Hiers, Greta Vargas, and Patty Haynes.

For the rezoning

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Buffer variance? VAR-2012-07 Copeland @ ZBOA 2011-06-05

A controversial case made its way from the Planning Commission for a rezoning recommendation to the Zoning Board of Appeals for a buffer variance decision, all before it reached the Lowndes County Commission for a decision on the rezoning.

Valdosta-Lowndes County Zoning Board of Appeals (ZBOA) had one Lowndes County case at its 5 June 2012 meeting, a buffer variance request, VAR-2012-07. Related aspects of this same property had already been heard by the Greater Lowndes Planning Commission (GLPC) on 21 May 2012 as the controversial rezoning case REZ-2012-09 Copeland. ZBOA member Nancy Hobby recused herself from VAR-2012-07. ZBOA discussed it at great length and eventually decided to table it. ZBOA, unlike GLPC, does actually make binding decisions, but chose not to do so at this meeting for this case.

Presenting the Case

  • Carmella Braswell, Lowndes County Zoning Administrator, presented the case, saying the property owner, John A. Copeland, wanted a buffer variance for his property at 3258 Loch Laurel Road. The applicant and four neighbors spoke for the buffer variance, but one neighbor spoke against, and others had hired locally famous lawyer Bill Nijem to speak against.
  • Carmella Braswell noted that GLPC had moved its meeting ahead a week, but staff had managed to meet statutory requirements. ZBOA wanted to know what they were buffering against. Answer seemed to be one single-family residence and a pasture. Ms. Braswell said staff had considered buffering according to the zoning statutes, and there were for example churches nearby, plus the existing buffering was mostly on other landowners’ property, and the applicant would be required to plant his own vegetative buffer, plus staff recommended a six foot privacy fence. Dave Kirk noted the abuse of the property had been occuring since 1967. Ms. Braswell said that was unbenownst to county zoning. Also there was no current business license on the property, not since 2007. Gretchen Quarterman asked how long the residents to the north had been there: before or after 2007. Ms. Braswell said well before 2007, and they were present at the meeting. (See Gail Hiers below.)

Speaking For

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I’m really trying to develop the property as full as it could be. —Jason Davenport @ GLPC 2012-04-30

In a rezoning case we heard the de facto motto of the Lowndes County Commission:

“I’m really trying to develop the property as full as it could be.”

This was in discussion about REZ-2012-07 McNeil Property, 6888 & 6870 McNeil Road, Hahira, on the agenda for the Greater Lowndes Planning Commission meeting of 30 April 2012. According to the tax assessors’ database, they spelled it wrong: it’s McNeal Road. This rezoning was for lot width, such as would have to happen for the Gloria Dave property to be subdivided. Nathan Smith spoke for, representing multiple people. There was concern among the GLPC board that the rezoning would permit more houses than were currently being requested.

This was the only case in that meeting with speakers against. Elizabeth Daniels, lives nearby (I think she said across the road), pointed out that four lots on one section would permit 4 lots on another section, and that would be a problem on that narrow road.

Donya Rigal, 6840 McNeal Road, the property next door, pointed out dust from traffic and other problems. McNeal Road is a county road, 35 feet wide.

County Planner Jason Davenport said:

“They did actually reserve 12 and a half feet of each of these properties in anticipation of improvement, but I don’t know that that’s on any list for improvement any time soon”

On questioning about whether further subdivision would be possible with the requested rezoning, he pointed out that Continue reading →

The socialized costs and privatized profits of waste disposal

In her response to my post about Commissioners panic about trash at undisclosed location, Barbara Stratton seems unfamiliar (like most people) with economic externalities. Here’s a definition:

A negative externality occurs when an individual or firm making a decision does not have to pay the full cost of the decision. If a good has a negative externality, then the cost to society is greater than the cost consumer is paying for it. Since consumers make a decision based on where their marginal cost equals their marginal benefit, and since they don’t take into account the cost of the negative externality, negative externalities result in market inefficiencies unless proper action is taken.

When a negative externality exists in an unregulated market, producers don’t take responsibility for external costs that exist—these are passed on to society.

Which is socializing the losses. A famous ongoing case of this is BP making record corporate profits while dumping huge amounts of oil into the Gulf of Mexico, continuing to destroy shrimping, wetlands, wildlife, and local people’s health.

And that’s what the County Commission is doing: privatizing the profits of trash pickup and socializing the losses onto landowners (who have to pay for fences and gates), onto the general public (who have to pay for law enforcement to catch dumpers), and onto those who can’t afford to pay for private dump fees (who will get stuck with fines instead). That is indeed, as Barbara says, “redistribution of wealth”: redistribution from the rest of us to the private waste pickup companies.

The Commission is ducking its responsibility to find an equitable solution that everyone can afford. Funny how they can deal with special tax lighting districts for subdivisions but they claim they can’t come up with a way to publicly fund waste collection. Could it be because all the voting Commissioners are town-dwellers who don’t understand that rural people don’t have exactly the same needs or resources as city people?

Barbara advocates,

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Avoid crony capitalism or conflict of interest —Barbara Stratton

Received Monday on Commissioners panic about trash at undisclosed location. My response is in the next post. -jsq

There are many injustices of socialism and redistribution of wealth (or garbage) and I’m glad to see you recognize this in the shifting of illegal dumping costs to landowners. I am also glad to see that at least the county is talking about privatization and not public/private partnerships (so far). When Hahira almost succeeded in placing a regional waste transfer station on city owned property
REZ-2007-32 City of Hahira, 0028 027 6751 Union Road, 2 lots, R-21 to M-2, DRI
I was concerned that the county was complacent in this because the Lowndes Board of Commissioners November 2007 meeting minutes showed they agreed to rezone the property for the purpose of the transfer station against the recommendations of the county planner, Jason Davenport. That rezoning action replaced a DRI (Development of Regional Impact) request for waste transfer station rezoning so it was easy to assume the county and possibly the region had a mutual agenda for the transfer station. During a recent discussion on the dangers of regional government with Valdosta mayor, Larry Hanson, I asked if the transfer station was a regional interest. He assured me the City of Valdosta had no knowledge and no interest in that transfer station prior to articles in the Valdosta Daily Times. I’ve not had an opportunity to discuss the possibility of mutual agenda with the county and if it comes up again in the future I am assuming proper procedures will be followed which mandate public meetings and input into the planning before a third DRI is entered, not after.

I worked a contract for the IT of a Pensacola, FL software company that had waste management software contracts all over the US. It was my job to be

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Light agenda at Valdosta City Council tonight 2012 03 08

A very light agenda tonight: an award, two rezonings, and
5.b. Consideration of a request to approve the Community Development Block Grant (CDBG) Fiscal Year 2012 Annual Action Plan.
Plus of course, Citizens to be Heard.

They heard some citizens Tuesday, as Drive Away CCA honked at City Hall.

Here’s the agenda.

-jsq

AGENDA REGULAR MEETING OF THE VALDOSTA CITY COUNCIL
5:30 PM Thursday, March 8, 2012
COUNCIL CHAMBERS, CITY HALL
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Reapportionment and Comprehensive Plan @ Lowndes County Commission, 12-13 December 2011

The missing hearing related to the Comprehensive Plan is on the agenda for Tuesday’s Lowndes County Commission Regular Session. Also on the agenda is
6. Resolution – Reapportionment
which I’m guessing has to do with changes in population in County Commission districts. Maybe they’ll say at the Work Session Monday morning.

And these interesting items:

8.f. Lowndes County Fire Rescue Standard Operating Procedures .br> 8.g. Animal Welfare Standard Operating Procedures
I wonder if those procedures are available for citizens to see?

Plus a rezoning, a road abandonment, a beer and wine license, and quite a few other items for the last meeting of the year. Given they haven’t met since 7 November 2011, more than a month ago, I guess that’s not surprising.

Here’s the agenda:

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, DECEMBER 12, 2011, 8:30 a.m.
REGULAR SESSION, TUESDAY, DECEMBER 13, 2011, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
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Double Lowndes County Commission tonight: Work 4:30 PM Regular 5:30 PM

Alcohol, rezoning, hospital, debt, and an election! Because Tuesday is Election Day, the Lowndes County Commission changed its regular meeting to Monday. Work sessions are usually Monday in the morning; today the Work Session is at 4:30 PM, just before the Regular Session at 5:30 PM. It’s a busy agenda, including two alcohol licenses, two rezonings, and an appointment to the Hospital Authority of Valdosta and Lowndes County (VLCHA); that’s the body that authorized South Georgia Medical Center (SGMC) buying Smith Northview Hospital, after which SGMC got the County Commission to have we the taxpayers guarantee $100 million in bonds for expansion. Hm, and “SGMC Revenue Certificates” is on this agenda, too.

Here’s the agenda:

LOWNDES COUNTY BOARD OF COMMISSIONERS
PROPOSED AGENDA
WORK SESSION, MONDAY, NOVEMBER 7, 2011, 4:30 p.m.
REGULAR SESSION, MONDAY, NOVEMBER 7, 2011, 5:30 p.m.
327 N. Ashley Street – 2nd Floor
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Lowndes County Commission, Monday morning and Tuesday evening

Monday morning the County Commission considers and Tuesday evening it decides three rezonings and an appointment, plus a Prison Detail Contract.

The appointment is to the Mental Health, Developmental Disabilities, and Addictive Diseases Regional Planning Board, and was previously considered a month ago. According to DBHDD:

The Region Four Planning Board represents 24 counties in the region. Members are appointed by their county commissioners; they are business and civic leaders with a strong interest in mental health, developmental disabilities and addictive diseases as well as consumers or family members of consumers.

The role of the Regional Planning Board is to give a voice to consumers and their families and other citizens in the region in assessing needs and recommending priorities for DBHDD services. The planning board makes recommendations about services and works with the regional office to develop an annual plan. Regional planning board members stay informed about local needs and issues and serve as advocates with public officials. The main objective of the board is to identify community needs and gaps in the current DBHDD service system and to make recommendations based on their findings.

The Georgia Department of Corrections says about Valdosta State Prison work details:

The Annex protects the public by maintaining custody of medium and minimum security offenders while providing outside work details to the community.

…

VSP and Annex Inside details: Orderlies, Grounds Maintenance, Laundry, Trash, and Maintenance. The Annex provides the following outside details: Correctional Industries, Department of Transportation, Georgia State Patrol, City of Valdosta (3 details), Lowndes County (2 details), Cook County, Valdosta State Prison (2 details), Department of Transportation (Weigh Station), Valdosta Police Department, Mobile Construction and Maintenance (Outside Institution).

I don’t quite understand how prisoners are being paid pennies for doing jobs that a lot of local unemployed people might want.

Here’s the agenda: Continue reading →

Motion to table and vote, Nottinghill on Cat Creek @ LCC 13 July 2011

Newsflash: Lowndes County Commission does right thing about rezoning!

Commissioner Raines expressed puzzlement as to what to do about rezoning for Nottinghill on Cat Creek since he thought the previous day that there was a deal between the developer and the neighbors, but it turned out there was not. Commissioner Powell recommended tabling until next meeting so the developer and the neighbors could try again to work something out.

Commissioner Powell made a motion Continue reading →