HomeMy WebLinkAboutPublic Comment Card CC - 04/23/2018 - ZM18-01 / VC18-04 (6)bC HOME OF' . � -Al 11 , F 11FF _In'
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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