{"id":13263,"date":"2015-06-10T12:39:35","date_gmt":"2015-06-10T16:39:35","guid":{"rendered":"http:\/\/www.l-a-k-e.org\/blog\/?p=13263"},"modified":"2015-06-29T08:45:17","modified_gmt":"2015-06-29T12:45:17","slug":"board-packet-item-for-maz-uldc-text-amendment-txt-2015-01-lcc-2015-06-08","status":"publish","type":"post","link":"http:\/\/www.l-a-k-e.org\/blog\/2015\/06\/board-packet-item-for-maz-uldc-text-amendment-txt-2015-01-lcc-2015-06-08.html","title":{"rendered":"Board packet item for MAZ ULDC Text Amendment TXT-2015-01 @ LCC 2015-06-08"},"content":{"rendered":"

\r\n\r\n<\/a>\r\nIt’s no wonder the Planning Commission wanted more time for these complicated\r\nproposed county code changes to the Moody Activity Zoning Districts (MAZ).\r\nThe county could have just as easily put\r\n\r\nthe PDF<\/a> of this item online with\r\n\r\nthe agenda<\/a>.\r\nThey didn’t, so LAKE filed an open records request, which no only makes\r\nthese maps and text available to the public, it demonstrates\r\nthe county can supply electronic format via email.\r\n

\r\nHere’s plain text for the\r\nBoard packet agenda item sheet<\/a>\r\nand the\r\nPlanning Division Amendment Notes<\/a>,\r\nand images<\/a> of all the other pages from the PDF<\/a>.\r\n

\r\nSee also the\r\n\r\n\r\n\r\nLAKE videos of the 26 May 2015 Planning Commission meeting<\/a>\r\nand the\r\n\r\nLAKE videos of the 8 June 2015 Lowndes County Commission Work Session<\/a>\r\nand the 9 June 2015 Regular Session<\/a>.\r\n

Board packet agenda item sheet<\/a><\/H2>\r\n

\r\nFirst, the one thing that was on the county’s website, converted here\r\nby LAKE to web-friendly text.\r\n

\r\n

\r\nLOWNDES COUNTY BOARD OF COMMISSIONERS\r\n
\r\nAGENDA ITEM\r\n<\/p>\r\n

\r\nSUBJECT: Text Amendments to the Lowndes County Unified Land Development Code (ULDC)\r\n
\r\nDATE OF MEETING: June 9th 2015\r\n

\r\nRegular Meeting (x)\r\n
\r\nWork Session (x)\r\n
\r\nRecommendation (x)\r\n
\r\nPolicy\/Discussion ( )\r\n
\r\nReport ( )\r\n<\/p>\r\n

\r\nBUDGET IMPACT:\r\n

\r\nFUNDING SOURCE:\r\n
\r\n( ) Annual\r\n
\r\n( ) SPLOST\r\n
\r\n( ) Capital\r\n
\r\n(X) N\/A\r\n

\r\nACTION REQUESTED ON:\r\n

\r\nText Amendment TXT-2015-01 Main Focus: MAZ\r\n

\r\n

\r\nHISTORY, FACTS AND ISSUES:\r\n

\r\nULDC Text Amendment TXT-2015-01 is primarily aimed at regulations\r\nconcerning the Moody Activity Zoning Districts (MAZ)’s. While\r\nregulations related to the MAZ’s were the main focus (Sections\r\n1.09.01, 2.01.06, 2.03.03, 4.01.02(F), 4.01.03(B), 4.02.04, 4.07.06,\r\n5.02.02, 5.02.08, 5.03.02, 5.04.07, 5.05.03, 5.04.04, 8.02.02,\r\n9.01.05 ), other regulations, including but not limited to,\r\nresidential dwellings (9.01.01, 9.01.02), family ties land divisions\r\n(4.04.04), the Valdosta Regional Airport Overlay (4.02.03), bed and\r\nbreakfasts (2.03.03), commercial greenhouses and nurseries (2.03.03,\r\n4.03.03), telecommunications towers (5.05.03, 5.05.04), sign\r\nregulations (5.04.07, 9.01.06), land disturbance regulations\r\n(Appendix A Section 4(C)), administrative and\/or clerical changes\r\n(4.03.00, 4.01.01(G), etc. — See\r\nAttached\r\n\r\nPlanning Division Notes<\/a>),\r\nand the updated adoption of the Lowndes County Zoning Map\r\n(2.01.01) are also included within this text amendment. To help\r\norganize these amendments efforts have been made with this\r\ncoversheet, the attached Planning Division amendment notes, and with\r\nthe strikethrough (Proposed Deletions) and underline (Proposed\r\nAdditions) formatting of the proposed amendments to try to make\r\nclear which changes are proposed. For additional reference, an MAZ\r\npresentation, Planning Division amendment notes, other various\r\ncomments, amendment cuts i.e. short versions of some of the proposed\r\namendments, and a proposed draft of the zoning map, are included as\r\na part of this case. Overall, the goal for these amendments\r\nconcerning the MAZ is to obtain a better balance between private\r\nproperty owner rights and protecting Moody AFB. That goal being\r\nstated staff has still made efforts to meet or exceed federal\r\nguidelines that are recommended for areas classified as within an\r\nairport community1. For historical reference the direction to\r\nfurther address the MAZ regulations was really triggered with a\r\nrezoning near the end of 2012. This rezoning (REZ-2012-17) sought to\r\nchange ~23 acres of MAZ zoning to R-10. That proposed MAZ to R-10\r\nrezoning spurred on debate at the time about the MAZ regulations and\r\ntriggered a text amendment (TXT-2012-02). The main focus of\r\nTXT-2012-02 was to reduce the residential density requirements in\r\nMAZ III from 2.5 acres to\r\n1 acre. Both the rezoning and the text amendment received opposition\r\nfrom the community and from\r\nMoody AFB. Eventually, both of the requests were withdrawn before\r\nthe LCBOC made a decision on them.\r\n<\/p>\r\n

\r\nThe original timeline goal for these current amendments was for\r\nLCBOC consideration on June 9th. When the GLPC was originally\r\npresented the amendments at their work session on May 18th they\r\nexpressed concerns related to having enough time to review such\r\nimportant amendments. Based on those concerns and preliminary\r\nconfirmation with County Leadership about the request for additional\r\ntime staff began to pursue an alternate timeline. The current\r\nrecommended timeline is as follows: June 29th GLPC meeting and,\r\ndepending on LCBOC consideration, a July 28th LCBOC meeting. At\r\ntheir May regular meeting the GLPC voted 7-0 to recommend tabling\r\nthe request for 30 days i.e. to their June 29th regular meeting.\r\n<\/p>\r\n

1<\/sup><\/small> \r\nFederal guidelines in this context primarily consist of the opinions\r\nand perspectives of staff at Moody AFB and the land use\r\ncompatibility guidelines published by the US Department of\r\nTransportation in their Airport Noise Compatibility Planning\r\ndocuments (Federal Register, Volume 49, Number 244. — December\r\n18th 1984)\r\n

\r\nOPTIONS:\r\n
\r\n1. Approve\r\n2. Approve with Conditions\r\n3. Table\r\n4. Deny\r\n

\r\nRECOMMENDED ACTION: Option #3 to the July 28th LCBOC Meeting\r\n

\r\nDIVISION: Planning\r\n

\r\nCounty Planner: Jason Davenport\r\n

\r\n____________________\r\n
\r\nCounty Manager\r\n
\r\nAction by the Board:\r\n<\/blockquote>\r\n

Planning Division Amendment Notes<\/a><\/H2>\r\n

\r\nNow you can see what the agenda item sheet<\/a> referred to.\r\n

\r\n

\r\nOverall, the goal for the amendments concerning the MAZ is to obtain\r\na better balance between private property owner rights and\r\nprotecting Moody AFB.\r\n<\/p>\r\n

    \r\n
  1. Family and Residential Exemptions were a challenge\r\n
      \r\n
    1. Overall, the proposed regulations now allow any legally\r\nestablished residential dwelling, manufactured houses included, to\r\nbe replaced, repaired, or expanded in any zoning district (Including\r\nthe MAZ’s) (Section 9.01.01(C))\r\n
    2. Decreased complexity for existing residential development in\r\nall zoning districts (Including the MAZ’s) e.g. streamlined and\r\nstrengthened treatment of lawfully established single-family\r\ndwellings and manufactured homes\r\n
    3. Increased allowances and complexity for new residential\r\ndevelopment within the MAZ’s e.g. non-family and non-agricultural\r\nworker residential development subject to 2.5 acre density\r\nrequirements, family and agricultural worker residential development\r\nand legal lots of record are subject to 1 acre density requirements\r\n<\/ol>\r\n
    4. Noise — There is a boundary within the MAZ called the\r\nNoise Impact Area. The aim of the Noise Impact Area is to require\r\nadditional regulations to help with the noise associated with Moody\r\nAFB. There have been issues with enforcement of these regulations.\r\nOverall, staff is concerned about the requirements to force\r\noperations to be conducted within buildings or enclosed structures.\r\nAdditionally, staff is also concerned about what improvements are\r\nrequired for the noise related construction improvements i.e. noise\r\nattenuation requirements. In an attempt to better understand the\r\nnoise attenuation requirements the County, with the help of the SGRC\r\nand the Federal Government (Including Moody AFB) has a study that\r\nexamined what it would mean to add noise reducing measures to\r\ndifferent types of construction in noisier areas. This study tried\r\nto closely examine how much these potential improvements would cost.\r\nIn consideration of the potential costs and the current level of\r\nnoise related complaints\/issues staff has not been pursuing LCBOC\r\nconsideration of those regulations. Staff’s current direction is for\r\nthe noise related regulations to be taken out. This has also\r\nimpacted the zoning map with the removal of the Noise Impact Area.\r\nMoody AFB has expressed concern over this direction (Please see also\r\nPlanning Division Notes referencing Moody AFB Comments).\r\n
    5. \r\n\r\n<\/a>\r\n In addition to dealing with existing residential exemptions\r\nother exemptions for religious uses or non-residential uses were\r\nalso discussed and considered. Ultimately, staff was not successful\r\nin amendments that carried similar exemptions for religious uses or\r\nnon-residential uses. Under the currently proposed regulations, what\r\nthis would mean is that if there is a development issue with an\r\nexisting religious use or non-residential use within the MAZ that an\r\napplication to the ZBOA would likely still be the primary avenue to\r\nrequest relief from MAZ related regulations.\r\n
    6. Clarified Height Restrictions within the MAZ’s\r\n
    7. Added buffer protections to MAZ Residential properties\r\n
    8. Lessened restrictions on operating a commercial greenhouse or\r\nplant nursery within MAZ II and MAZ III\r\n
    9. Allowed Bed and Breakfasts in MAZ II outside of the APZ Zone\r\n— mirroring existing Hotel\/Motel allowances\r\n
    10. Clarified the allowable uses within MAZ II APZ Zones\r\n
    11. Worked with Moody AFB comments regarding the MAZ regulations\r\nreflecting their land operations and not just their air operations\r\n
    12. Clarified allowable uses within the VLD Airport Overlay\r\n
    13. Required a letter of clearance from either Moody AFB or the\r\nAirport concerning new tower construction\r\n
    14. Clarified and reflected current enforcement of Family Ties\r\nRequirements 4.04.00 e.g. paved requirement\r\n
    15. Land Disturbance Updates (Appendix A) — Per GA EPD\r\nrequirements and comments the Lowndes County Soil Erosion,\r\nSedimentation, and Pollution Control Ordinance has been requested to\r\nbe updated. The updates relate to clarifying and specifying the\r\nroles of the Construction Site Operator. The role of the operator\r\nnow specifically, by ordinance, calls out their responsibility for\r\ncontrolling waste on the site such as discarded building materials,\r\nconcrete truck washout, chemicals, litter, and sanitary waste at the\r\nconstruction site that may cause adverse impacts to water quality.\r\nThe specific amendments may be found on page A-10. Amendments aimed\r\nat this result were also made to the Lowndes County Anti-Littering\r\nOrdinance on November 30th 2014.\r\n
    16. Address the listing of regulations between Chapter 2 and\r\nSupplemental Standards in Chapter 4 — Overall staff\r\nrecommended to let the land use table in Chapter 2 control whether\r\nsupplemental standards in Chapter 4 apply. This will help eliminate\r\nexcess language and inconsistencies that exist between Chapter 2 and\r\nChapter 4. The weakness to this direction is it is anticipated to\r\nincrease flip-back checking between Chapter 2 and Chapter 4.\r\n
    17. Minor Amendments (Ch 2 and 4 Consistency e.g. taking out Ch 4\r\nreferences to Ch 2 in section 4.03.00 (Greenhouse — 4.03.03,\r\nCare Homes — 4.03.16, and Stables — 4.03.02 Examples),\r\nTypographical, Formatting (Font Size), Spacing, Renumbering of\r\nSections, Lettering of Sections, Updating both Chapter and Overall\r\nTable of Contents (Table 4.03.02(F)), Address Proper Bolding e.g.\r\n9.01.02(A)(1), 9.01.02(C), etc.), added additional references to\r\nBoard of Health Septic Approval to Table 4.01.01(G), Clarified\r\nreferences to Table 4.01.03(B) instead of 4.01.03(F), Corrected a\r\nreference to 4.01.03 (2) in section 4.01.03(B)(3), added PD-R\r\nreferences to Table 5.04.07(E)(3), clarified the membership number\r\nreference for the TRC (8.02.02(A)), taken out unnecessary\r\n“immediately” reference related to signage in\r\n9.01.06(A), Correctly referenced the Valdosta-Lowndes County Airport\r\nAuthority, Corrected References to Table 4.01.01(G) and 4.01.02(E)\r\ne.g. Section 9.01.02(C)\r\n<\/ol>\r\n

      \r\nOther Various Comments\r\n<\/H3>\r\n

      \r\nPlanning Division Notes from Moody AFB Conversations\r\n<\/H4>\r\n
        \r\n
      1. Moody AFB has a long term concern about what happens after the\r\ninitial families deed property out e.g. after parents give their\r\ndaughter a piece of property what happens if she sells it to a\r\nnonfamily member?\r\n
          \r\n
        1. One potential solution offered by them that also helps in other\r\nareas would be to somehow either provide materials about the\r\npotential impacts of the base to the future owner or investigate\r\nsome sort of required disclosure when property changes ownership.\r\n<\/ol>\r\n
        2. Within the amendments staff is proposing to remove the noise\r\nimpact area from the MAZ. They are concerned about the long term\r\nimpacts of this on Moody AFB. Noise is a major factor in the MAZ.\r\nThe other MAZ regulations help with noise impacts but the specific\r\nregulations at hand lean toward requiring certain types of\r\nconstruction to help reduce the noise. I have heard these\r\nregulations called noise attenuation standards. At the end of the\r\nday the County, with the help of the SGRC and the Federal Government\r\n(Including Moody AFB) has a study that examined what it would mean\r\nto add noise reducing measures to different types of construction in\r\nnoisier areas. This study tried to closely examine how much these\r\npotential improvements would cost. In consideration of the potential\r\ncosts and the current level of noise related complaints\/issues staff\r\nhas not been pursuing LCBOC consideration of those regulations.\r\n
        3. They would like the MAZ’s to generally also account for Moody’s\r\nground related missions and not just their air related missions.\r\n<\/ol>\r\n<\/blockquote>\r\n

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