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HomeMy WebLinkAboutPublic Comment Card CC - 04/23/2018 - ZM18-01 / VC18-04 (6)bC HOME OF' . � -Al 11 , F 11FF _In' p VV I LTO N'� ESTABLISHED 2006 PUBLIC COMMENT CARD (P ase print & fill in.i /etel Instructions: 1. Complete this card in its entirety (DO 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. (skip to Today's Date) ❑ I would like to speak about an Agenda Item or Zoning Case. **(Please indicate Agenda Item No. below)" Agenda Item No.: 4�/ Zoning Case No.: / VC, l� TODAY'S DATE: _ NAME: , I U, ADDRESS: m c /t b r PHONE Please check ALL that apply: ❑ yam in SUPPORT of this Agenda Item *m in OPPOSITION of this Agenda Item Ym a Milton resident ❑ 1 am a Milton business owner ❑ 1 am a local lobbyist duly registered with the State Ethics Commission ❑ I am a paid representative of either the support or opposition ❑ I am affiliated with a Group or Neighborhood*** Name of Group/Neighborhood ***You are required to fill out an Affidavit before speaking on behalf of the group you are representing. ❑ 1 want to speak about this Agenda Item ❑ I DO NOT want to speak but I would like the following comments read into the record: (Please use the back of this card for additional writing space.) "Please read the following RULES regarding Public Comment: • Public Comment is allowed on an Agenda Item or a General Public Comment can be made about something that is not on the Agenda. • NO Public Comment is allowed regarding Consent Agenda Items or First Presentation Items. • All General Public Comments are allowed a total of five minutes. • ALL Public Comments in SUPPORT of an Agenda Item are allowed a TOTAL of ten minutes. This means that ALL people who wish to speak in SUPPORT have a total of ten minutes as a group. • ALL Public Comments in OPPOSITION of an Agenda Item are allowed a TOTAL of ten minutes. This means that ALL people who wish to speak in OPPOSITION have a total of ten minutes as a group. ---------------------------------------------------------------------------------------------------------------------------------------------- If you have made any campaign contributions to a Councilmember aggregating $250.00 or more, please check "ves" or "no" : []Yes ❑ No. When you have completed this card, please give it to the CITY CLERK before the meeting begins. Please see the CITY CLERK if you have any questions regarding this Public Comment Card. April 22, 2018 Dear Mayor, Council and Mr. Krokoff and staff, „J- I am writing to you today regarding Agenda Item No. 18-083 that comes before you again for a vote on Monday, April 23, 2018. I am asking that you deny ZM18-01/VC 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 March 16, 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 original zoning and the zoning modifications that have already been sought. These concurrent variances would allow more density (to the tune of 7,250 square feet) and visibility than what could be accomplished otherwise No public good has been 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 stick to the plan including the requirement of over an acre of undisturbed buffer and an improvement set back allowing for an appropriate transition from the MIX density back to the AG -1 land. This substantial buffer provides a visual transition, breaks up the sea of density across the entire quadrant, and appropriately buffers the higher density portion of the quadrant back to the AG -1 land and residential development as is required by our zoning laws. The City of Milton staff is recommending denial and delineates well all the reasons to deny this zonine 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. It is clear this quadrant will develop as has been the plan since we first pursued the Birmingham Crossroads Masterplan; but it should develop according the approved plans and legally required policies. The fact that the developer and his attorney are "threatening" the city, each of you and the community with a potentially less desirable plan changes nothing. Whether the applicant builds 25 detached buildings with no more than 10 feet of separation or 30 townhomes, the incremental 5 rooftops will not make a bit of difference with the buffer completely gone. Many would much rather have 30 townhomes with the buffer intact because it will visually break up the density. Regardless, these various concept plans are just "threats" and should be treated accordingly, i.e. ignored. Your decision Monday night is not about evaluating various "what if' plans that may or may not ever come to fruition. These "threats" aredirectly from the Developer Playbook "Hotiv to win what you want ivhen you are a developer" class 101. Instead, your decision is supposed to be legally grounded in whether to approve a variance based on four specific legal requirements. In this instance not -a -single -one of those legal requirements are met; not one. 75 - foot undisturbed buffers are required in other locations of Milton as a means of separating commercial and high density residential from lower density residential and they are required here. Why in the world would we expect anything less in an area that: was always planned and promised to develop uniquely and in concert with the unique community it is intended to serve? If there was ever a time to abide by a buffer, it would be here in the most rural areas of Milton; an area that has been master planned expressly to ensure distinction rather than it look like any other commercial/high density development. Buffering the density is a critical component of the masterplan for this area and citizens deserve to have those legally binding requirements upheld. Whether you individually think they matter or not candidly is not for you to decide; at least it is not supposed to be according to the laws of our land. You were elected to uphold the laws, not make them up on the fly when you so decide to uphold them or not. There is no legal basis for anything other than denial. This should be a slam dunk. It is important to highlight also how inconsistent it would be with thecity's mission regarding greenspace to do anything other than deny this variance request. This undisturbed buffer is greenspace; to the tune of more than an acre. It is unconscionable anyone would consider removing this greenspace. It is ironic, too, that the Greenspace Committee will be meeting Monday night to find and acquire greenspace to protect our community at the very same time you will be determining whether to protect greenspace by denying this variance request or to allow the greenspace to be clear elft. This is yet one more obvious reason to deny this variance request. Staff s analysis provides the following critical information that so clearly supports nothing other than denial: The minutes from the November 3, 2001 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. The buffers were also always intended to prevent more density than what was intended from being built. This area was always intended to be contained in part with buffers so there was no commercial or high density creep, 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 I throul4h 4 of the followinIZ: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff's 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 zoninjZ 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 securedand 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 Staff's 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 I through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. It is Staff s 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 or 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 public good 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 Pian. (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. It should develop with the one acre plus of buffer/greenspace to ensure a visual softening of the density. This zoning modification and concurrent variances must be denied. This undisturbed buffer and improvement set back to the tune of more than an acre — were never supposed to be optional. And in fact, they are not optional. This :quadrant will develop, but it should develop according to the requirements put in place legally with the benefit of the appropriate and extensive community input, legally grounded hearings and approvals that were always intended to remain in place. You were all elected to uphold the laws and policies of our community, including these laws and policies. There is no hardship. Thank you all for upholding the laws and zoning policies of: our wonderfully unique community. Please deny this zoning modification and concurrent variances. Your service to the citizens of Milton is greatly appreciated. My best, r. Julie Zahner Bailey