{"id":9870,"date":"2014-08-25T10:43:00","date_gmt":"2014-08-25T14:43:00","guid":{"rendered":"http:\/\/www.l-a-k-e.org\/blog\/?p=9870"},"modified":"2014-08-25T10:49:49","modified_gmt":"2014-08-25T14:49:49","slug":"videos-developer-property-rights-and-effects-on-neighbors-leninco-roger-budd-lake-park-lcc-2014-08-12","status":"publish","type":"post","link":"http:\/\/www.l-a-k-e.org\/blog\/2014\/08\/videos-developer-property-rights-and-effects-on-neighbors-leninco-roger-budd-lake-park-lcc-2014-08-12.html","title":{"rendered":"Videos: developer property rights and effects on neighbors, Leninco, Roger Budd, Lake Park @ LCC 2014-08-12"},"content":{"rendered":"

\r\n\r\n<\/a>\r\nThere was at least some reason for the Commission’s approval of the\r\nFamily Dollar and other use rezoning for Roger Budd Jr. and Leninco\r\nout of the Francis Lake golf course in Lake Park:\r\n\r\nbecause it would include a condition of a berm<\/a> that would continue\r\nwith the property regardless of who owned it.\r\nThe applicant’s\r\nattorney<\/a> had made it clear that applicant\r\nconsidered the berm too expensive and it, along with other conditions,\r\nmight make the project unfeasible.\r\nPerhaps the Commission should apply the same technique\r\n\r\nto stop the Sabal Trail fracked methane pipeline<\/a>.\r\nThis was in the \r\n23 August 2014 Regular Session of the Lowndes County Commission<\/a>;\r\nthanks to Toma Hawk for the video.\r\n

\r\n6.b. REZ-2014-14 Roger Budd Jr, Lakes Blvd (SR 376), R-10 to C-G, Water\/Sewer, ~4.2 acres\r\n<\/blockquote>\r\n

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

\r\nThe Work Session minutes of 8 June 2009<\/a> say:\r\n

\r\n

\r\n\r\nREZ-2009-03 Leninco, 5366 Golf Drive, 0199 050, 4.2 ac., R-10 to\r\nC-G<\/strong>, County Planner, Jason Davenport, stated that the applicant was\r\nrequesting to rezone property located adjacent to the Francis Lake\r\nGolf Course. Further, both the TRC and Planning Commission\r\nrecommended approval with conditions. Mr. Davenport added that his\r\noffice had received only one call related to the request.\r\n<\/p>\r\n<\/blockquote>\r\n

\r\n\r\n\"600x528<\/a>\r\n

\r\nThe Regular Session Minutes of 9 June 2009<\/a> say:\r\n

\r\n

\r\n\r\nREZ-2009-03 Leninco, 5366 Golf Drive, 0199 050, 4.2 ac., R-10 to\r\nC-G<\/strong>, County Planner, Jason Davenport, stated that the applicant was\r\nrequesting to rezone property located adjacent to the Francis Lake\r\nGolf Course. Further, both the TRC and Planning Commission\r\nrecommended approval with conditions. Mr. Davenport added that his\r\noffice had received only one call related to the request.\r\nREZ-2009-04 Marshall, 3597\/3601\/3615 Coleman Rd., 0055, 041, 5.34\r\nac., 1 lot, R-1 to C-H, County Planner, Jason Davenport, stated that\r\nthe property surrounding the subject property was rezoned commercial\r\nin 1993; however, the 5.34 acres were not. Mr. Davenport added that\r\nupon hearing this, both the TRC and Planning Commission recommended\r\napproval.\r\n<\/p>\r\n<\/blockquote>\r\n

\r\nCommissioner Demarcus Marshall had some questions about\r\nRoger Budd’s neighboring property, ingress, and egress.\r\nAccording to Davenport and County Engineer Mike Fletcher,\r\nthat neighboring property and one owned by Bank of the Ozarks\r\nare already zoned commercial so they could provide driveways.\r\n

\r\nCommissioner Crawford Powell also wanted to “scratch out”\r\na gasoline station due to potential 24 hour operation and underground\r\ngas tanks that could contaminate the lake.\r\n

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

\r\n[Regular Session Start 22 minutes 21 seconds.]\r\nDavenport 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.\r\n

\r\n[Regular Session Start 31:57] Introducing the Public hearing,\r\nChairman Bill Slaughter said he would limit citizens not to repeat what\r\nother speakers had said, speak no longer than five minutes, and he would\r\nprobably limit it to no more than five speakers.\r\nNevermind the applicants had already had unknown numbers of people\r\nmeet unknown numbers of time for unknown minutes with county staff\r\nand commissioners.\r\nHe asked first for speakers in opposition.\r\n

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

\r\n[Regular Session Start 37:00] James D. Carroll\r\nsaid a lot of people felt it should be disapproved because “people had bought these homes intending to live there in peace and quiet”\r\nand chopping off part of the golf course would limit the recreational\r\nopportunities that attracted tourists and retirees.\r\nHe also spoke previously at\r\n\r\nthe Planning Commission<\/a>\r\n

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

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

\r\n[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,\r\nfor those who live there.\r\nBut “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.”\r\nContruction noise, dust, and views, were among the specific issues he mentioned.\r\n

\r\n[Regular Session Start 49:00] Chairman Slaughter tried to cut off the speakers at that point.\r\nSomeone said they were one of the adjoining landowners.\r\nChairman said he would dallow that.\r\nShe was Robin Miller of 5385 Moss Oak Trail<\/a>,\r\nwho had also spoken at\r\n\r\nthe Planning Commission<\/a>.\r\nOnce again she said she was a single mom with two children,\r\na 19 year old freshman at VSU and a 10 year old who gets off the\r\nschool bus there.\r\nShe’s concerned about the safety of her children, her home, herself,\r\nand light and noise pollution.\r\n

\r\n[Regular Session Start 50:20] Chairman said he wanted speakers in favor.\r\n\r\nRoger Budd’s attorney<\/a>\r\n\r\nDavid Sandbach of 1003 North Patterson St., Valdosta<\/a>,\r\nsaid his client’s intention was to develop the area for smal retail,\r\nstarting with Family Dollar, which is moving to free-standing locations.\r\nHe said there’s commercial across the street and nearby, and the golf course\r\nwould continue.\r\nNew tax base and shopping location.\r\nProblems with a couple of conditions, and then he enumerated at least three:\r\n

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

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

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

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

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

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

    \r\n\r\nChairman said the berm would continue with the property<\/a> no matter\r\nwhat it was used for in the future, and that if the Commission voted no,\r\nit could be brought back up in a year for the same process\r\nwith this owner or another owner.\r\n

    \r\n[Regular Session Start 58:54]\r\nCommissioner Powell insisted on the lighting conditiona nd had Davenport read it.\r\nThen Powell moved for approval with all eleven conditions.\r\nMarshall seconded.\r\nApparently Clay Griner voted for,\r\nwith Evans and Raines against.\r\n

    \r\nFor more, see previous post<\/a>.\r\n<\/p>\r\n

    \r\n -jsq\r\n<\/p>","protected":false},"excerpt":{"rendered":"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 […]","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_links_to":"","_links_to_target":""},"categories":[2,603,88,3,55],"tags":[7796,7829,7839,7836,7807,7806,8701,7832,8699,10,8702,8792,91,7831,7837,12,7,8734,7840,4,7779,7830,8700,6,1387,8727,7838,90],"class_list":["post-9870","post","type-post","status-publish","format-standard","hentry","category-government","category-lake-park","category-lowndes-county-commission","category-transparency","category-water","tag-11-august-2014","tag-12-august-2014","tag-bank-of-the-ozarks","tag-berm","tag-family-dollar","tag-francis-lake","tag-georgia","tag-golf-course","tag-government","tag-gretchen-quarterman","tag-lake","tag-lake-park","tag-lcc","tag-leninco","tag-lighting","tag-lowndes-area-knowledge-exchange","tag-lowndes-county","tag-lowndes-county-commission","tag-mike-vickery","tag-regular-session","tag-roger-budd","tag-toma-hawk","tag-transparency","tag-valdosta","tag-wal-mart","tag-water","tag-win-dixie","tag-work-session"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p585fK-2zc","jetpack_sharing_enabled":true,"jetpack-related-posts":[],"_links":{"self":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts\/9870","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/comments?post=9870"}],"version-history":[{"count":3,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts\/9870\/revisions"}],"predecessor-version":[{"id":9875,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/posts\/9870\/revisions\/9875"}],"wp:attachment":[{"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/media?parent=9870"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/categories?post=9870"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.l-a-k-e.org\/blog\/wp-json\/wp\/v2\/tags?post=9870"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}