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HomeMy WebLinkAboutPublic Comment Card CC - 02/21/2018 - Julie Zahner Bailey - Sewer - Opposition11 Hol r lnIB:-�.�1y iiO N �V O ESTABLISHE�2006 R tint &Vin com letelPUBLIC COMMENT CA D (PIase e �p Yl 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: ❑ I 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.: /6-0 L� Zoning Case No. : TODAY'S DATE: 2 - I / f, NAME ADDRESS: PHONE: '7(17 " J1 Ll Please check ALL that apply: ❑ � rn in SUPPORT of this Agenda Item Y/( am in OPPOSITION of this Agenda Item V I am a Milton resident ❑ I am a Milton business owner ❑ I am a local lobbyist duly registered with the State Ethics Commission ❑ I am a paid representative of either the support or opposition ❑ 1 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. V, , 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 "yes" 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. J� February 20 2018 Tuesday, eb ary , Dear Mayor, Council, Mr. Krokoff, Mr. Jarrard and Staff, I am writing to you today regarding the issue of sewer extension to land on Hamby Road. Specifically, Agenda Item No. 18-040; Request for Sewer Extension of 4 Lots Located Contiguous to the Manor Subdivision on Hamby Road (Deferred at the January 29, 2018 City Council Meeting). This item is an easy one. This request constitutes sewer extension to land that was never intended to have sewer. The four lots noted have always been outside any land owned by the Manor, JD Brooks, Falling Waters, etc. and as such has no right to sewer based on the Intergovernmental Agreements in place between Fulton County and Forsyth County since December 6, 2006. Additionally, the August 11, 2008 Special Called Meeting of the Mayor and Council resulted in a unanimous vote to prohibit sewer to any lots not platted following that unanimous vote to prohibit sewer. This, too, deems this request for sewer extension in direct conflict with the laws and policies of the City of Milton. The claim from the developer that this land -- if sewered -- would somehow provide for a better layout is not a reason to extend sewer. We all know that to extend sewer in Milton allows for higher density than would otherwise be allowed, period. These lots should be denied sewer extension, period. The additional question that this request poses, however, is equally as simple. Any land, or proposed building lots created by this developer in their conceptual drawings, that are only partially within parcels ever construed as owned by the Manor, also have no rights to sewer. To bring sewer to these lots would indeed also constitute sewer extension for all the same reasons noted in the previous paragraph and expressly would be in direct conflict with the December 6, 2006 IGA between Forsyth County and Fulton County and would be in direct conflict with the unanimous vote of the City of Milton Mayor and Council on August 11, 2008 to prohibit sewer to this land. The next question, which is equally as simple, is whether sewer should be allowed to the 18 acres once owned by the Manor and/or J.D. Brooks/Falling Water. The current applicant would lead you to believe that this is a non -issue, and in fact, the agenda as currently written does not even address it, but it should. Whether this portion of the question can be resolved during the Wednesday, February 21, 2018 meeting of the Mayor and Council is for you and the City Manager and City Attorney to determine. But I would argue this decision can also be made during the February 21, 2018 meeting, i.e. a decision not to extend sewer to the 18 acres owned originally owned by J.D. Brooks and the Manor is not entitled to sewer just as the five lots noted previously are not entitled to sewer. Here are the facts: • The 18 acres owned by the Manor were never platted as buildable lots, • The 18 acres owned by the Manor were never intended for buildable lots, but instead were hoped by J.D. Brooks to be the location of a sewer system that would serve the Manor. Fulton County denied him a sewer system in Fulton County, however, and, therefore, no sewer system was ever allowed the on this land, • The fact that this land was owned by the Manor, does not mean it was entitled ever to sewer, despite the plea of the current applicant, • Once the land owned by the Manor was denied by Fulton County for a sewer system, it then became the land to be used to mitigate all the environmental ills and illegal activities that occurred with the Manor development tied to stream buffer encroachment, wetland disturbance, infringement of endangered species, the list goes on. In other words, the larger part of the 18 acres owned by the Manor (but never platted for building lots) was to be — and should still be -- the land used for restitution to the U.S. Army Corp. of Engineers for mitigation purposes, • The majority of the 18 acres owned by the Manor, and now owned by the applicant, was never intended to be built out for land lots for homes and sewer, but instead was to serve as the areas for environmental mitigation. The applicant would love for you to forget this, and to ignore the facts, but this land was never platted for buildable lots because it was never intended for buildable lots, and it most certainly was not intended for sewer extension • There are no exhibits that show the 18 acres ever platted for home lots other than the applicants conceptual plan; this is additional evidence this land was never intended as lots for homes with sewer, • The IGA between Forsyth County and Fulton County dated December 6 2006 expressly states, on page 309 of the packet attached to the agenda for Wednesday February 21, 2018 Mayor and Council meeting, Forsyth county "will not provide any sewer treatment capacity to any customer(s) requesting such capacity located in Fulton County beyond those customers in the Manor and Golf Club Country Club, • The 18 acres in question does not include customers in the Manor County Club; the land was never intended for homes, was not platted for buildable lots, and was only ever contemplated for a sewer system that was denied, and then became the land to serve as the area of environmental mitigation, • The meeting minutes of the Special Called Meeting of the Mayor and Council on August 11, 2008 expressly states, "sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date of this motion is approved", • The Minutes attached hereto from the Special Called Meeting of the City of Milton, on August 11, 2008, Agenda Item No. 08-644 clearly state, with a unanimous motion, that any lots of this proposed new subdivision before you are prohibited from being allowed sewer extension including all lots #1-8 and any other land proposed on the south side of Hamby or elsewhere. The motion unanimously approved specifically states: o The authority granted by this inotion shall only have application to the Manor subdivision as platted on the date this motion is approved; o Sewer service shall be prohibited for any new lots that are platted or acquired as a part of an expansion of the Manor subdivision within the City of Milton occurring after the date this motion is approved; o This motion shall not serve as authority or acquiescence for any sewer provider in another jurisdiction to provide sewer service in Milton; o A statement shall be attached to any CO(s) issued in the Manor development that reads as follows: "Issuance of this CO should not be construed as a waiver by Milton of its right to seek strict compliance of all constitutional entitlements and safeguards concerning the requirement that another jurisdiction may only provide new sewer service in Milton pursuant to an Intergovernmental Agreement. The issuance of this CO was the product of a fact specific inquiry and is to have no precedential effect with respect to any other development." The August 11, 2008 Special Called Meeting and specific meeting minutes and unanimous vote are abundantly clear. The intent of that vote as stated, was for no additional platted buildable lots for the Manor to receive sewer, including the 18 acres owned by J.D. Brooks and the Manor. Those 18 acres on the south side of Hamby were never platted for buildable lots because they were never intended for buildable lots. The above motion and vote into the record is clear evidence that none of the land being proposed by the applicant, Howard Carson, is entitled to sewer extension, but instead makes it abundantly clear that sewer to any of this land would be sewer extension and would be in direct conflict with the IGA's in place, the comprehensive land use plan, the unanimous vote of August 11, 2008 expressly stating sewer would not be extended to this land and the no sewer extension policies of the City of Milton. In closing, none of the land presented by the current applicant has a right to sewer. Instead, it is clear that the 4 lots clearly outside of the Manor land should be denied sewer extension, the land partially outside of the Manor owned land should be denied sewer, and the 18 acres once owned by the Manor, but never intended or platted for buildable lots -- but instead was set aside for environmental mitigation -- should not receive sewer extension as each of these situations would constitute sewer extension which is in direct conflict with the IGA's between Forsyth and Fulton County, the comprehensive land use plan, the no sewer policies of the City of Milton, the August 11, 2008 unanimous vote of Mayor and Council and the will of the citizens of Milton. Regarding the 18 acres, I am officially requesting that the City Staff, the City Attorney and the Mayor and Council expressly review, discuss and determine whether the 18 acres not originally included in Agenda Item No. 18-040, be included in this agenda item, or that it be separately reviewed under a different agenda item during a different meeting. But at a minimum, it cannot, nor should it be, presumed that the 18 acres never platted for lots should be served by sewer as this, too, constitutes sewer extension for all the reasons noted above. I officially request that no land use permit be issued for any of the 18 acres before all of the unanswered questions, including a full mitigation review, are completed. I also am requesting as a function of this letter, that the City of Milton formally follow-up with the Army Corp of Engineers to determine if all of the mitigation for the Manor properties has been fully implemented including all wetland preservation, wetland enhancement, stream restoration, replanting of areas as specified by the Corp, measures put in place to protect certain species, riparian restoration, riparian preservation as well as confirming whose official responsibility is it to continually monitor the success of the required mitigation and ensure legally that all requirements have been met and continue to be met. There were legally binding mitigation requirements put in place for a reason, and it is incumbent on all parties to ensure these legally required environmental protections and mitigations of earlier environmental ills are corrected. Thank you for upholding the rights of all Milton citizens to expect our land use policies to be upheld for perpetuity. Land rights are indeed at issue here; the land rights of all citizens to expect our elected officials and City Staff to uphold those policies put in place — including no sewer extension — to protect the very special community defined as Milton. Your service to the citizens of Milton is greatly appreciated. est ie a ner a