Subject: RE: OCGA 36-66-6 Request - REZ-2013-08 - MFH Tract 'A' Rezoning
From: "Nichols, Diondra R Civ USAF ACC 23 CES/CENPP" <[email-masked]>
To: 'Jason Davenport' <[email-masked]>
Cc: 'Joe Pritchard' <[email-masked]>, "Jefferson, Robert Civ USAF ACC 23 CES/CENP" <[email-masked]>, 'Trinni Amiot' <[email-masked]>, 'Carmella Braswell' <[email-masked]>, 'Mike Fletcher' <[email-masked]>, 'Mike Allen' <[email-masked]>, 'Shannon Walker' <[email-masked]>, 'Lloyd Green' <[email-masked]>, "'Ted Bilak'" <[email-masked]>, 'Roger Sevigny' <[email-masked]>, "Eunice, John L III Civ USAF ACC 23 CES/CD" <[email-masked]>, "Albritton, Patrick M LtCol USAF ACC 23 CES/CC" <pa
Date: Tue, 23 Jul 2013 14:11:37 -0400

Jason,

Good Afternoon.  As requested. In response to subject, see email below stating Moody supports guidelines established in the MAZ.  Let me know if there are any questions or concerns.

Thanks.

V/r

Diondra R. Nichols 
Community Planner
23 CES/CENPL
Moody AFB, GA 31699-1707
Phone: 229-257-2963
DSN: 460-2963
Email: [email-masked]

-----Original Message-----
From: Eunice, John L III Civ USAF ACC 23 CES/CD 
Sent: Thursday, July 18, 2013 4:28 PM
To: Nichols, Diondra R Civ USAF ACC 23 CES/CENPP
Cc: Albritton, Patrick M LtCol USAF ACC 23 CES/CC
Subject: County Request for Moody Review of Zoning Request

D,
    Moody supports guidelines established for MAZ in the ULDC.  Thanks

Jle

-----Original Message-----
From: Nichols, Diondra R Civ USAF ACC 23 CES/CENPP 
Sent: Tuesday, July 16, 2013 4:29 PM
To: 'Jason Davenport'
Cc: 'Joe Pritchard'; Jefferson, Robert Civ USAF ACC 23 CES/CENP; 'Trinni Amiot'; 'Carmella Braswell'; 'Mike Fletcher'; 'Mike Allen'; 'Shannon Walker'; 'Lloyd Green'; 'Ted Bilak'; 'Roger Sevigny'; Eunice, John L III Civ USAF ACC 23 CES/CD; Bryan, William S Civ USAF ACC 23 CES/CEN
Subject: RE: OCGA 36-66-6 Request - REZ-2013-08 - MFH Tract 'A' Rezoning 

Mr Davenport,

Thank you for the info on subject.  I will forward to our leadership for a response.

V/r

Diondra R. Nichols 
Community Planner
23 CES/CENPL
Moody AFB, GA 31699-1707
Phone: 229-257-2963
DSN: 460-2963
Email: [email-masked]

-----Original Message-----
From: Jason Davenport [mailto:[email-masked]] 
Sent: Friday, July 12, 2013 5:17 PM
To: Nichols, Diondra R Civ USAF ACC 23 CES/CENPP
Cc: Joe Pritchard; Jefferson, Robert Civ USAF ACC 23 CES/CENP; Trinni Amiot; Carmella Braswell; Mike Fletcher; Mike Allen; 'Shannon Walker'; Lloyd Green; Ted Bilak; Roger Sevigny
Subject: OCGA 36-66-6 Request - REZ-2013-08 - MFH Tract 'A' Rezoning 

Ms. Nichols,

Pursuant to O.C.G.A. 36-66-6 (Copied Below), please accept this e-mail as a request from the Commander for a written recommendation and supporting facts regarding REZ-2013-08 - MFH Tract 'A' Rezoning.  The initial package of materials has been attached for reference.  As charged in the same O.C.G.A. reference, the Lowndes County Technical Review Committee (TRC) investigations and recommendations are as follows:             

1)      Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport;

a.       Lowndes County TRC Recommendation:  Per Lowndes County Comprehensive Plan and Unified Land Development Code (ULDC) guidance and regulations, the zoning proposal will permit a use that is not suitable in view of the use of adjacent or nearby property within 3,000 feet of Moody Air Force Base (MAFB).  

2)      Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport;

a.       Lowndes County TRC Recommendation:  Per Lowndes County Comprehensive Plan and ULDC guidance and regulations, the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of MAFB.  

3)      Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

a.       Lowndes County TRC Recommendation:  Per ULDC regulations, the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

4)      Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport;

a.       Lowndes County TRC Recommendation: The zoning proposal will not result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property for MAFB.  

5)      If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and

a.       Lowndes County TRC Recommendation:  Overall, the zoning proposal is not in conformity with the policies and intent of the Comprehensive Plan.  

6)      Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal.

a.       Lowndes County TRC Recommendation:  Concerning existing or changing conditions affecting the use of the nearby property for MAFB which give supporting grounds for either approval or disapproval of the zoning proposal we would offer the following history as it relates to the development of a portion of the adjacent properties and generally applicable ULDC MAZ regulations:

09.14.04 LCBOC approves LO-2004-59 or the initial Planned Development (PD) rezoning for Magnolia Grove (Moody Family Housing ~703.75 acres with 396 residential units)) 

07.12.05 LCBOC approves LO-2005-38 or the modified Planned Development (PD) rezoning for Magnolia Grove (Moody Family Housing ~11.26 acres with minor amendments to the previously approved development standards) 

05.09.06 ULDC Adopted (MAZ I, II, and III regulations and zoning districts put in place)

09.26.06 LCBOC approves text amendment expanding MAZ density requirements 

07.10.13 HP Communities (Hunt Companies) currently oversees development of a total of 81 residential units in Magnolia Grove 

From this point forward please note that the REZ-2013-08 - MFH Tract 'A' rezoning is scheduled to be heard for a recommendation by the Greater Lowndes Planning Commission on July 29th 2013 and for a decision by the Lowndes County Board of Commissioners on August 13th 2013.  The Greater Lowndes Planning Commission will meet at 5:30 p.m. at 325 West Savannah Avenue and the Lowndes County Board of Commissioners will meet at 5:30 p.m. in the Commission Chambers on 327 North Ashley Street, Valdosta, Georgia.  Thank you for your time and consideration.  

Respectfully, 

Jason Davenport, County Planner
Lowndes County -  Board of Commissioners
229-671-2430      [email-masked]

http://www.lowndescounty.com <http://www.lowndescounty.com/>        

 

O.C.G.A. § 36-66-6 <http://web.lexisnexis.com/research/xlink?app=00075&view=full&interface=1&docinfo=off&searchtype=get&search=O.C.G.A.+%A7+36-66-6> 

GEORGIA CODE
Copyright 2012 by The State of Georgia
All rights reserved.

*** Current Through the 2013 Regular Session ***

TITLE 36.  LOCAL GOVERNMENT
PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS CHAPTER 66.  ZONING PROCEDURES 

O.C.G.A. § 36-66-6  (2012)

§ 36-66-6.  Investigations and recommendations of planning department regarding land near military installation

   (a) In any local government which has established a planning department or other similar agency charged with the duty of reviewing zoning proposals, such planning department or other agency shall with respect to each proposed zoning decision involving land that is adjacent to or within 3,000 feet of any military base or military installation or within the 3,000 foot Clear Zone and Accident Prevention Zones Numbers I and II as prescribed in the definition of an Air Installation Compatible Use Zone of a military airport investigate and make a recommendation with respect to each of the matters enumerated in subsection (b) of this Code section, in addition to any other duties with which the planning department or agency is charged by the local government. The planning department or other agency shall request from the commander of such military base, military installation, or military airport a written recommendation and supporting facts relating to the use of the land being considered in the proposed zoning decision at least 30 days prior to the hearing required by subsection (a) of Code Section 36-66-4. If the base commander does not submit a response to such request by the date of the public hearing, there shall be a presumption that the proposed zoning decision will not have any adverse effect relative to the matters specified in subsection (b) of this Code section. Any such information provided shall become a part of the public record.

(b) The matters with which the planning department or agency shall be required to make such investigation and recommendation shall be:

   (1) Whether the zoning proposal will permit a use that is suitable in view of the use of adjacent or nearby property within 3,000 feet of a military base, military installation, or military airport;

   (2) Whether the zoning proposal will adversely affect the existing use or usability of nearby property within 3,000 feet of a military base, military installation, or military airport;

   (3) Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

   (4) Whether the zoning proposal will result in a use which will or could cause a safety concern with respect to excessive or burdensome use of existing streets, transportation facilities, utilities, or schools due to the use of nearby property as a military base, military installation, or military airport;

   (5) If the local government has an adopted land use plan, whether the zoning proposal is in conformity with the policy and intent of the land use plan; and

   (6) Whether there are other existing or changing conditions affecting the use of the nearby property as a military base, military installation, or military airport which give supporting grounds for either approval or disapproval of the zoning proposal.

HISTORY: Code 1981, § 36-66-6, enacted by Ga. L. 2003, p. 581, § 1.
Title Note
Chapter Note <http://web.lexisnexis.com/research/buttonLink?_m=c06344a184f7953d7ce095cc2b18b56b&_xfercite=%3ccite%20cc%3d%22USA%22%3e%3c%21%5bCDATA%5bO.C.G.A.%20%a7%2036-66-6%5d%5d%3e%3c%2fcite%3e&_butType=1&_butStat=0&_butNum=1&_butInline=1&_butinfo=%3dnochg%3bLXT_O.C.G.A._TITLE_36_chapter_66&_fmtstr=FULL&docnum=1&_startdoc=1&wchp=dGLzVzB-zSkAW&_md5=3697c992032bc519d6a861e2565c00c5>