VALDOSTA — Landowner Roger Budd Jr. is very unhappy at the treatment of landowners by the City of Valdosta. Budd owns a large amount of rental property in the area that he insists is being held in limbo by the “communists” in city government.

All Budd says he wants to do is rent a building to a business, the same kind of business that has virtually always been in this particular building, but the city has passed new rules regarding zoning and now he has to wait 60 days and potentially pay thousands of dollars “just to try and use a building for what it’s already been.”

The property in question housed M&M Motors for many years at 801 N. Ashley St. Budd says the property is between two automotive businesses and there are at least 10 similar businesses within 500 feet of the property. But under the new “Ashley Overlay District,” automotive uses are prohibited, along with a long list of other businesses that have operated legally in that area for years.

“It’s zoned CH for commercial-highway, which is one of the most liberal zoning designations you can have. We meet all the requirements for CH, but now that they have the Overlay District, hardly any uses are allowed anymore,” he said.

According to Budd, there is a business in town that would like to relocate to his building.

“The building has been vacant for more than six months, which triggered a review by the planning office,” said Budd.

His son, Roger Budd III, said the property now has to be approved under a non-conforming, conditional use, and he had to pay $475 for a permit plus $5.75 per adjoining property for a certified letter. He has to appear before the planning commission in April and then must wait until the city council’s first meeting in May before he can find out if he can rent the building.

“They told me I had to pay for legal notices, signs, and certified letters, but I didn’t get that kind of consideration when the city decided they wanted to take away my zoning. They said they held public meetings and published notices in

 the paper, but they should have to meet the same requirements that I have to when something affects my property,” he said.

Budd III said they’ve already spent time getting permission from the historic preservation commission, as the property is in the historic district, and they followed the directions they were given, which meant that the building can have roll-up doors on the southside but not the northside.

“We did all this and got it ready for business and now we have to wait 60 days with no tenant, paying our property taxes on it, because of the city. This is one more straw in America against business. It’s the over-regulation of business and for what good?”

In addition, the new tenants may also have

to pay to have a site survey and plan done, including a landscape plan, which will cost “in the thousands,” according to Budd III.

“All this just to put back in what was already there. I hate to go beg for what I already have.”

The Ashley Overlay District is one of three that the city council passed in December 2008, including ones on Baytree Road and Inner Perimeter.

The Budds are facing a similar issue with the new Overlay District on Perimeter Road.

“We own the building where Carlton Outdoors is and we rented to a business that sells monuments. He wants to be able to display the monuments in front of the business, but he was told the new Overlay District doesn’t allow anything to be displayed,” Budd said.

“However, right across the street there is a business with an outdoor playground and another with golf carts displayed outside, but we were told those were ‘grandfathered in’ and are allowed.”

Budd added that the city also told him that area is a “pedestrian-friendly” zone, which is another reason they can’t be allowed.

“I think they’re trying to make it as hard as possible to open a business in Valdosta. There will be no more business in Valdosta. The government is stealing our property rights,” said Budd Jr. “The word is going to get out, ‘Don’t go to Valdosta, there’s too much red tape.’”



The City’s response

Budd Jr. said Friday that he has had positive conversations with Mayor John Fretti and Councilman John Eunice and hopes to have the issue resolved by the time it comes before council in May.

City Manager Larry Hanson was asked to explain the new Overlay Districts and their rules.

Hanson responded that the city spent “nearly two years with multiple public meetings and hearings, including meetings with practically every major group from developers, realtors, sign industry, political work shops, community meetings, etc., which all had tremendous public input.

“Much of the LDR (land development regulations) came from the expectations and standards as recommended by citizens who participated in the process. Let me also say, we continue to address unintended consequences and items that often appear later in an 800-page document that perhaps were overlooked. We committed ourselves and remain committed to working through issues that need to be addressed.”

Hanson said the general purpose of the Overlay Districts is “to promote creative development, infill, and revitalization; create attractive streetscapes and gateways throughout our city while establishing consistent design standards; and promote pedestrian and alternative transit patterns. Of course, the Overlays are also an extension of the Comprehensive Plan and the promotion of general health, safety, and welfare of the community, as are the rest of our zoning regulations.”