HomeMy WebLinkAboutPublic Comment Card CC - 04/23/2018 - BIRMINGHAM CROSSROADSJoe D. Whitley
1250 Birmingham Road
Alpharetta, GA 30004
April 21, 2018
By Email
Mayor Lockwood
City Counsel
City Manager
Milton City Hall
2006 Heritage Walk
Milton, GA 30004
RE: Request to Deny the Zoning Modification and Concurrent Variances
for the SE Quadrant of the Birmingham Crossroads
Dear Mayor, City Council and City Manager Krokoff,
In a perfect world given the importance of the petition for a zoning modification and
concurrent variances at the Birmingham Crossroads SE corner — and a small degree of confusion
on the part of the Council and staff as to what rules apply to this request for a zoning
modification and concurrent variances — this agenda item should be re -advertised as a zoning
modification (or possibly as a zoning) for there to be greater public participation. What will be
considered on Monday, April 23, 2018 is so vastly different than what was advertised — with
various iterations and "what if ' scenarios being thrown about — better notice should be given to
all nearby and adjacent landowners and concerned area residents. As I think you know, my wife,
Kathy, and I live just down the road from this quadrant (a stone's throw), and we also own
property that is an official component of the SW quadrant of the Birmingham Crossroads.
Needless- to- say, we have a vested interest in what transpires at the Birmingham Crossroads.
The lawyer in me might even say we have legal standing.
That aside, if this hearing moves forward, I strongly urge the Council to deny the request
for the variances outright. The existing buffer called for in previous planning exercises and
legally binding and adopted policies is critical to preserving lower commercial density and
appropriate buffering of the mixed- use development that will develop at the SE corner. The
buffers that have always been planned for inclusion on the SE quadrant are intended, and needed,
to avoid non-residential growth creep outside of the Birmingham Crossroads node and to provide
a visual interruption to the density. The currently required 75 -foot undisturbed buffer and the
10- foot improvement setback clearly will protect against the entire development being visible
from every vantage point both along Birmingham Road as well as Birmingham Highway. The
Mayor, City Council and City Manager Krokoff
Request to Deny the Zoning Modification and Concurrent Variances for the SE Quadrant of the
Birmingham Crossroads
Page 2
required buffer is needed and has always been considered integral to this development being
different from "anywhere USA". As a long-time resident of this community who has invested
personally in the Birmingham Crossroads with both time and money, I fully expect the required
buffers to remain in place. Why would you consider doing anything else? 1 am not concerned
with the idle "threats" of the developer, nor should you. That is not a sound mechanism for
making legally grounded decisions for our great city. I suspect you know that without my
having to point it out.
Standing your ground as a Council in the face of threats from this developer is the
responsible thing to do. On my behalf, and on behalf of all the citizens you were elected to
protect and represent, I implore you to deny this zoning modification and the concurrent
variances associated with it. I have reviewed again the four legal reasons to approve a zoning
modification, and none of the four requirements are present in this case. From a legal standpoint,
there is no basis for approval. You must deny this zoning modification. I have known Mr.
Dillard for many years; it is his job to threaten and intimidate you, please do not let it work.
Instead, stand strong for the community and citizens you represent.
Make no mistake, I am opposed to this zoning modification and the related concurrent
variances. They should be denied.
Regrettably, I will not be able to be in attendance for the April 23, 2018 Council meeting
as I will be in Washington meeting with the U.S. Attorney. I would appreciate the inclusion of
this letter in the record of the proceedings upon its reading to the Council.
Thanking you for your attention.
Respectfully submitted,
YP
e Whitley