Board packet item for MAZ ULDC Text Amendment TXT-2015-01 @ LCC 2015-06-08

It’s no wonder the Planning Commission wanted more time for these complicated
proposed county code changes to the Moody Activity Zoning Districts (MAZ).
The county could have just as easily put

the PDF of this item online with

the agenda.
They didn’t, so LAKE filed an open records request, which no only makes
these maps and text available to the public, it demonstrates
the county can supply electronic format via email.

Here’s plain text for the
Board packet agenda item sheet
and the
Planning Division Amendment Notes,
and images of all the other pages from the PDF.

Board packet agenda item sheet

First, the one thing that was on the county’s website, converted here
by LAKE to web-friendly text.

LOWNDES COUNTY BOARD OF COMMISSIONERS

AGENDA ITEM

SUBJECT: Text Amendments to the Lowndes County Unified Land Development Code (ULDC)

DATE OF MEETING: June 9th 2015

Regular Meeting (x)

Work Session (x)

Recommendation (x)

Policy/Discussion ( )

Report ( )

BUDGET IMPACT:

FUNDING SOURCE:

( ) Annual

( ) SPLOST

( ) Capital

(X) N/A

ACTION REQUESTED ON:

Text Amendment TXT-2015-01 Main Focus: MAZ

HISTORY, FACTS AND ISSUES:

ULDC Text Amendment TXT-2015-01 is primarily aimed at regulations
concerning the Moody Activity Zoning Districts (MAZ)’s. While
regulations related to the MAZ’s were the main focus (Sections
1.09.01, 2.01.06, 2.03.03, 4.01.02(F), 4.01.03(B), 4.02.04, 4.07.06,
5.02.02, 5.02.08, 5.03.02, 5.04.07, 5.05.03, 5.04.04, 8.02.02,
9.01.05 ), other regulations, including but not limited to,
residential dwellings (9.01.01, 9.01.02), family ties land divisions
(4.04.04), the Valdosta Regional Airport Overlay (4.02.03), bed and
breakfasts (2.03.03), commercial greenhouses and nurseries (2.03.03,
4.03.03), telecommunications towers (5.05.03, 5.05.04), sign
regulations (5.04.07, 9.01.06), land disturbance regulations
(Appendix A Section 4(C)), administrative and/or clerical changes
(4.03.00, 4.01.01(G), etc. — See
Attached

Planning Division Notes),
and the updated adoption of the Lowndes County Zoning Map
(2.01.01) are also included within this text amendment. To help
organize these amendments efforts have been made with this
coversheet, the attached Planning Division amendment notes, and with
the strikethrough (Proposed Deletions) and underline (Proposed
Additions) formatting of the proposed amendments to try to make
clear which changes are proposed. For additional reference, an MAZ
presentation, Planning Division amendment notes, other various
comments, amendment cuts i.e. short versions of some of the proposed
amendments, and a proposed draft of the zoning map, are included as
a part of this case. Overall, the goal for these amendments
concerning the MAZ is to obtain a better balance between private
property owner rights and protecting Moody AFB. That goal being
stated staff has still made efforts to meet or exceed federal
guidelines that are recommended for areas classified as within an
airport community1. For historical reference the direction to
further address the MAZ regulations was really triggered with a
rezoning near the end of 2012. This rezoning (REZ-2012-17) sought to
change ~23 acres of MAZ zoning to R-10. That proposed MAZ to R-10
rezoning spurred on debate at the time about the MAZ regulations and
triggered a text amendment (TXT-2012-02). The main focus of
TXT-2012-02 was to reduce the residential density requirements in
MAZ III from 2.5 acres to
1 acre. Both the rezoning and the text amendment received opposition
from the community and from
Moody AFB. Eventually, both of the requests were withdrawn before
the LCBOC made a decision on them.

The original timeline goal for these current amendments was for
LCBOC consideration on June 9th. When the GLPC was originally
presented the amendments at their work session on May 18th they
expressed concerns related to having enough time to review such
important amendments. Based on those concerns and preliminary
confirmation with County Leadership about the request for additional
time staff began to pursue an alternate timeline. The current
recommended timeline is as follows: June 29th GLPC meeting and,
depending on LCBOC consideration, a July 28th LCBOC meeting. At
their May regular meeting the GLPC voted 7-0 to recommend tabling
the request for 30 days i.e. to their June 29th regular meeting.

¹
Federal guidelines in this context primarily consist of the opinions
and perspectives of staff at Moody AFB and the land use
compatibility guidelines published by the US Department of
Transportation in their Airport Noise Compatibility Planning
documents (Federal Register, Volume 49, Number 244. — December
18th 1984)

OPTIONS:

1. Approve
2. Approve with Conditions
3. Table
4. Deny

RECOMMENDED ACTION: Option #3 to the July 28th LCBOC Meeting

DIVISION: Planning

County Planner: Jason Davenport

____________________

County Manager

Action by the Board:

Planning Division Amendment Notes

Now you can see what the agenda item sheet referred to.

Overall, the goal for the amendments concerning the MAZ is to obtain
a better balance between private property owner rights and
protecting Moody AFB.

Family and Residential Exemptions were a challenge

Overall, the proposed regulations now allow any legally
established residential dwelling, manufactured houses included, to
be replaced, repaired, or expanded in any zoning district (Including
the MAZ’s) (Section 9.01.01(C))

Decreased complexity for existing residential development in
all zoning districts (Including the MAZ’s) e.g. streamlined and
strengthened treatment of lawfully established single-family
dwellings and manufactured homes

Increased allowances and complexity for new residential
development within the MAZ’s e.g. non-family and non-agricultural
worker residential development subject to 2.5 acre density
requirements, family and agricultural worker residential development
and legal lots of record are subject to 1 acre density requirements

Noise — There is a boundary within the MAZ called the
Noise Impact Area. The aim of the Noise Impact Area is to require
additional regulations to help with the noise associated with Moody
AFB. There have been issues with enforcement of these regulations.
Overall, staff is concerned about the requirements to force
operations to be conducted within buildings or enclosed structures.
Additionally, staff is also concerned about what improvements are
required for the noise related construction improvements i.e. noise
attenuation requirements. In an attempt to better understand the
noise attenuation requirements the County, with the help of the SGRC
and the Federal Government (Including Moody AFB) has a study that
examined what it would mean to add noise reducing measures to
different types of construction in noisier areas. This study tried
to closely examine how much these potential improvements would cost.
In consideration of the potential costs and the current level of
noise related complaints/issues staff has not been pursuing LCBOC
consideration of those regulations. Staff’s current direction is for
the noise related regulations to be taken out. This has also
impacted the zoning map with the removal of the Noise Impact Area.
Moody AFB has expressed concern over this direction (Please see also
Planning Division Notes referencing Moody AFB Comments).

In addition to dealing with existing residential exemptions
other exemptions for religious uses or non-residential uses were
also discussed and considered. Ultimately, staff was not successful
in amendments that carried similar exemptions for religious uses or
non-residential uses. Under the currently proposed regulations, what
this would mean is that if there is a development issue with an
existing religious use or non-residential use within the MAZ that an
application to the ZBOA would likely still be the primary avenue to
request relief from MAZ related regulations.

Clarified Height Restrictions within the MAZ’s
Added buffer protections to MAZ Residential properties
Lessened restrictions on operating a commercial greenhouse or
plant nursery within MAZ II and MAZ III

Allowed Bed and Breakfasts in MAZ II outside of the APZ Zone
— mirroring existing Hotel/Motel allowances

Clarified the allowable uses within MAZ II APZ Zones
Worked with Moody AFB comments regarding the MAZ regulations
reflecting their land operations and not just their air operations

Clarified allowable uses within the VLD Airport Overlay
Required a letter of clearance from either Moody AFB or the
Airport concerning new tower construction

Clarified and reflected current enforcement of Family Ties
Requirements 4.04.00 e.g. paved requirement

Land Disturbance Updates (Appendix A) — Per GA EPD
requirements and comments the Lowndes County Soil Erosion,
Sedimentation, and Pollution Control Ordinance has been requested to
be updated. The updates relate to clarifying and specifying the
roles of the Construction Site Operator. The role of the operator
now specifically, by ordinance, calls out their responsibility for
controlling waste on the site such as discarded building materials,
concrete truck washout, chemicals, litter, and sanitary waste at the
construction site that may cause adverse impacts to water quality.
The specific amendments may be found on page A-10. Amendments aimed
at this result were also made to the Lowndes County Anti-Littering
Ordinance on November 30th 2014.

Address the listing of regulations between Chapter 2 and
Supplemental Standards in Chapter 4 — Overall staff
recommended to let the land use table in Chapter 2 control whether
supplemental standards in Chapter 4 apply. This will help eliminate
excess language and inconsistencies that exist between Chapter 2 and
Chapter 4. The weakness to this direction is it is anticipated to
increase flip-back checking between Chapter 2 and Chapter 4.

Minor Amendments (Ch 2 and 4 Consistency e.g. taking out Ch 4
references to Ch 2 in section 4.03.00 (Greenhouse — 4.03.03,
Care Homes — 4.03.16, and Stables — 4.03.02 Examples),
Typographical, Formatting (Font Size), Spacing, Renumbering of
Sections, Lettering of Sections, Updating both Chapter and Overall
Table of Contents (Table 4.03.02(F)), Address Proper Bolding e.g.
9.01.02(A)(1), 9.01.02(C), etc.), added additional references to
Board of Health Septic Approval to Table 4.01.01(G), Clarified
references to Table 4.01.03(B) instead of 4.01.03(F), Corrected a
reference to 4.01.03 (2) in section 4.01.03(B)(3), added PD-R
references to Table 5.04.07(E)(3), clarified the membership number
reference for the TRC (8.02.02(A)), taken out unnecessary
“immediately” reference related to signage in
9.01.06(A), Correctly referenced the Valdosta-Lowndes County Airport
Authority, Corrected References to Table 4.01.01(G) and 4.01.02(E)
e.g. Section 9.01.02(C)

Other Various Comments

Planning Division Notes from Moody AFB Conversations

Moody AFB has a long term concern about what happens after the
initial families deed property out e.g. after parents give their
daughter a piece of property what happens if she sells it to a
nonfamily member?

One potential solution offered by them that also helps in other
areas would be to somehow either provide materials about the
potential impacts of the base to the future owner or investigate
some sort of required disclosure when property changes ownership.

Within the amendments staff is proposing to remove the noise
impact area from the MAZ. They are concerned about the long term
impacts of this on Moody AFB. Noise is a major factor in the MAZ.
The other MAZ regulations help with noise impacts but the specific
regulations at hand lean toward requiring certain types of
construction to help reduce the noise. I have heard these
regulations called noise attenuation standards. At the end of the
day the County, with the help of the SGRC and the Federal Government
(Including Moody AFB) has a study that examined what it would mean
to add noise reducing measures to different types of construction in
noisier areas. This study tried to closely examine how much these
potential improvements would cost. In consideration of the potential
costs and the current level of noise related complaints/issues staff
has not been pursuing LCBOC consideration of those regulations.

They would like the MAZ’s to generally also account for Moody’s
ground related missions and not just their air related missions.

-jsq

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Board packet item for MAZ ULDC Text Amendment TXT-2015-01 @ LCC 2015-06-08

Board packet agenda item sheet

Planning Division Amendment Notes

Other Various Comments

Planning Division Notes from Moody AFB Conversations