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HomeMy WebLinkAboutPublic Comment Card CC - 02/21/2018 - SEWER - OPPOSITIONHOME QF - I)JALITY OF I IFF IN GE QFt C:IA' I lel 1 LTO N*k ESTABLISHED ZOOG PUBLIC COMMENT CARD (Please p Int & fill in com letel 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) Al would like to speak about an Agenda Item or Zoning Case. *"(Please indicate Agenda Item No. below)" Agenda Item No.: D -' 4-o Zoning Case No. : TODAY'S DATE: 2-21—z-019, NAME: L ",� � i ti4. ADDRESS: �36� PHONE: l 7o— b 6 ,-�,— 4-% 3-2 Please check ALL that apply: ❑ I am in SUPPORT of this Agenda Item X,,I am in OPPOSITION of this Agenda Item ❑ I am a Milton resident ❑ I 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 ❑ 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. )<I want to speak about this Agenda Item ❑ 1 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 campal n 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. s� There is question whether any of the property the applicant owns is entitled to sewer based upon Council's action in August 2008. But that is not the primary question before you tonight and I believe the city attorney and staff can address that question if not tonight, then at a later date. The question before you tonight is simple, and that is should sewer be extended to lots that are either partly or wholly outside of the original Manor parcel. The answer to that question is an easy, "No!" 1) The petitioner claims that Fulton County will not issue septic tank permits if sewer is available within 200 feet of any proposed lots. This issue has been recently addressed by the City Attorney in the May 15, 2017 City Council Meeting where the City Attorney explained the Intergovernmental Agreement controlled over the Department of Public Health regulations. 2) The petitioner claims that the property supports that development of 10 lots but extension of sewer is desirable because it allows the development of a less dense 8 -lot subdivision. I believe this is the first time I have encountered a request for sewer extension to reduce the density of a development. Typically the extension of sewer results in more density not less. And I think if we look more closely at the development constraints that burden this property we will find that again sewer extension is a device to increase, not reduce density. a. Restrictions on the Mitigation Covenant Area prohibit clearing, cutting or mowing and earthmoving, grading, and filling or changing the topography of the land in any manner. And all of that is required to construct driveways and provide water, electricity and other utilities to the lots in the lower southeast corner of the property — lots 8, 9, and 10 on the 10 -lot plan. Lot 8 on the 8 -lot plans. i. Although the City of Milton is not required to enforce these restrictions, it should not take action to issue any permits that allow a violation of these restrictions. ii. While it may be possible to amend the Covenants and Restrictions, any amendment must be justifiable and approved by the US Army Corp of Engineers. iii. Amendments for the purpose of proposing additional impacts are not favored and are considered only in rare circumstances. iv. The restrictions attach to the land and run with the land, meaning they are permanent and bind all future landowners including future homeowners who will not be permitted to cut the grass growing in their own backyards. v. Subdividing the Mitigation Area is not consistent with the preamble of the Covenants and Restrictions. The Mitigation Area was intended to be held as a common property by the Manor homeowner association. Subdividing the area may not be prohibited but subdividing it into single family lots is not in keeping with the intended purpose of protecting wetlands, streams, and upland buffers. b. 100 Year Floodplain i. The lots that front on Hamby Road that are within the Manor tract, the red shaded area, are constrained by the 100 -Year Floodplain. ii. The 100 -Year Floodplain runs roughly parallel to Hamby Road between Hamby Road and the Mitigation Covenant Area. iii. Milton's Ordinances Section 64-46 and Section 63-304 require that 50% of the minimum lot size, in this case 1/2 acre, to be outside of the floodplain. Lots 5, 6 and 7 on the 8 -lot plans do not meet this requirement and lots 4, 5, 6 and 7 on the 1 Not plan do not meet this requirement. c. Other considerations: i. On the 1 Not plan lots 6, 7 and 8 have less than 3,000 square feet where a house, garage, accessory building, or swimming pool can be built without the approval of setback variances. ii. On the 8 -lot plan without sewer extension, the area on lots 6 and 7 where a house can be build is so small that no houses are shown on lots 4 through 7. iii. Although these small areas do not preclude the construction of houses, these lots are too small to construct homes that have the market appeal typical of this area. If you look at the footprint of the homes on lots 1 through 3 you can see how the same size house will not fit within the buildable area of lots 6 and 7. iv. Unless an expensive bridge is built to cross the stream to access lot 8 on the 8 -lot plans and lots 8, 9 and 10 on the 10 - lot plan, additional variances and permits may be required. The public works director can confirm the specific requirements that may include: 1) State stream buffer variance 2) City of Milton stream buffer variance 3) 401 Water Quality Certification 4) Section 404 permit pre -construction notification to the U.S. Army Corps of Engineers 3) Taking into consideration all the constraints of this property, it may yield as few as five marketable homes without a grant of sewer extension. I encourage staff to carefully review any proposed development plans for this site and I encourage you to say no tonight to a grant of sewer extension.