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Home My WebLink AboutPublic Comment Card CC - 03/19/2018 - Julie Zahner Bailey, ZM18-01, opposedI LTON'� II/ ESTABLISHED 2006 PUBLIC COMMENT CARD (Please 2r►nt & fill in complete/ Instructions: 1. Complete this card in its entirety (00 NOT leave anything blank) 2. Give the card to the City Clerk BEFORE THE COUNCIL MEETING BEGINS. 3. When your name is called, approach the podium and speak directly into the microphone and state your name and address. Please complete the following information: 111 would like to make a General Comment that does NOT pertain to an Agenda Item or Zoning Case. 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Please see the CITY CLERK if you have any questions regarding this Public Comment Card. March 17, 2018 Dear Mayor, Council and Mr. Krokoff and staff, I am writing to you today regarding Agenda Item No. 18-083 that comes before you for a vote on Monday, March 19, 2018. 1 am asking that you deny ZM18-01NC 18-04, specifically the Zoning Modification and Concurrent Variances for the Southeast Quadrant of the Birmingham Crossroads at Birmingham Hwy and Birmingham Road. As you know, OHC Birmingham LLC is requesting a zoning modification and concurrent variance for the following: 1) Request to modify RZ2004-116, Condition 2.a. to the Revised Plan Dated February 2, 2018; 2) Request to modify ZM14-03 - To delete Condition 6.c., the reference to the village green; 3) A Concurrent Variance to delete the 75 foot undisturbed buffer and 10 foot improvement setback along the south property line of the MIX -zoning district adjacent to AG -1 - Sec. 64- 1142(a)(3.)b; 4) A Concurrent Variance to reduce the Village Green in the southeast Quadrant from 13,000 square feet - Sec. 64-1324(b). These variances are in direct conflict with the Birmingham Master Plan, the Milton Overlay, the 3 original zoning and the zoning modifications that have already been sought. These concurrent variances would allow more density_ and visibility than what could be accomplished otherwise. No public goo as hbeen demonstrated. These variances should be denied. There is no hardship. The Southeast quadrant of the Birmingham Crossroads can be developed according to the Birmingham Master Plan, the Milton Overlay and the zoning's approved to date. Please require all applicants to stick to the plan. The City of Milton staff is recommending denial and delineates well all the reasons to deny this zoning modification and the concurrent variances. These zoning modifications and concurrent variances serve no purpose other than to allow more density than would otherwise be allowed. Many citizens and many years went into the Birmingham Crossroads, the Milton Overlay and the underlying zonings. The conditions of those plans are very clear. Undisturbed buffers, setbacks, specific greenspace placed in a conservation trust for perpetuity — and many other design details -- were always the intent for the Birmingham Crossroads; nothing has changed. This zoning modification and concurrent variances must be denied. Staff's analysis provides the following critical information that so clearly supports nothing other than denial: The minutes from the November 3, 2004 Board of Commissioner's meeting clearly state the buffers to the south of the development shall remain intact. These buffers were always intended to remain in place and to allow for an appropriate transition from the higher density within the quadrant to the agriculturally zoned land. They were also always intended to prevent more density than what was intended from being built. This area was always intended to be contained, Furthermore, the conditions of zoning stipulate the following in Condition 2.a.: "Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit." Therefore, the zoning ordinance (previously referred to as the zoning resolution in Fulton County) requirements must be met unless a concurrent variance is granted and there is no basis for anything other than denial of the zoning modification or the concurrent variances, A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted would not offend the spirit or intent of this zoning. ordinance_ It is Staffs opinion that if the requested deletion of the buffer and improvement setback should not be approved because it would offend the intent of the zoning ordinance to provide an adequate buffer between non- residential uses and single family uses or property zoned AG -1. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. The required 75 foot undisturbed buffer and 10 foot improvement setback does not create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations based on the fact that the site can still be developed with a mix of uses including commercial, office and residential. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The reduction of the buffer and improvement setback would not provide the necessary transition from the MIX (Mixed Use) development to the AG -1 single family homes to the south. (4) That the public safety, health and welfare are secured and that substantial Justice is done. The applicant has not provided sufficient evidence that the public safety, health and welfare are secured and that substantial justice was done. Part 2• To reduce the Village Green in the Southeast Quadrant from 13,000 square feet to 12,000 square feet (Sec. 64-1324 (b)). It is Staffs opinion that the applicant can re- design his site plan to meet the minimum required 13,000 square foot Village Green that is required within the Birmingham Crossroads Overlay District as well as recommended in the Birmingham Plan within the southeast quadrant of the Crossroads. The Village Green consisting of 13,000 square feet in area is an integral part of the overall Crossroads Overlay District and to reduce the size is inconsistent with the Birmingham Crossroads Plan. The village green should also be required to be placed into a Conservation Trust for perpetuity to ensure it remains true greenspace. A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted would not offend the spirit or intent of this zoning ordinance. It is Staffs opinion that if the requested reduction in size of the Village Green from 13,000 square feet to 12,000 square feet should not be approved because it would offend the requirements of the Birmingham Crossroads Overlay District. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography o other extraordinary and exceptional situations or conditions not caused by the variance applicant, The required 13,000 square foot Village Green does not create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations based on the fact that the site can still be developed with the required Village Green. (3) Relief, if granted would not cause a substantial detriment to the publicgood and surrounding properties. The reduction in size of the Village Green will cause a substantial detriment to the public good and surrounding properties based on the fact that it is not in conformance with the Overlay District and Birmingham Crossroads Plan. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The applicant has not provided sufficient evidence that the public safety, health and welfare are secured and that substantial justice was done. As you all know, what happens at this corner is critical to the long-term look, feel and viability of the most rural area of the City of Milton. This zoning modification and concurrent variances must be denied. Thank you all for upholding the laws and zoning policies of our wonderfully unique community. Your service to the citizens of Milton is greatly appreciated. My best, ilii Julie Zahner Bailey