HomeMy WebLinkAboutRESOLUTION NO 12 06 221STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 12-06-221
A RESOLUTION AUTHORIZING THE ISSUANCE OF A LETTER TO THE DESIGN
REVIEW COMMITTEE OF THE OWNERS ASSOCIATION OF DEERFIELD
REQUESTING APPROVAL OF PERMISSION FOR ERECTION OF A BILLBOARD
ON DEERFIELD PARK PROPERTY
WHEREAS, the City of Milton is currently in the midst of settlement discussions with
various sign companies that are litigants in Fulton County Civil Action Numbers 2005CV 10977,
2006CV 114781 and 2006CV 117063 ("Litigation"); and
WHEREAS, the Mayor and City Council believe that a resolution of the litigation that is
in the best interest of the citizens of the City of Milton can be obtained if the sign companies are
allowed to erect a billboard along Georgia Hwy 400 on property encumbered by a Master
Declaration of Protective Covenants and Owners Association for Deerfield ("Covenants"); and
WHEREAS, the Mayor and City Council understand that the Covenants require consent
of the Design Review Committee of the Owners Association of Deerfield in order for the
billboard to be erected on the property; and
WHEREAS, the Mayor and City Council understand that the Design Review Committee
has so far refused to consent to the erection of such a billboard; and
WHEREAS, the Mayor and City Council desire to send a letter to the Design Review
Committee to encourage them to provide its consent to allow erection of a billboard on the
Deerfield Property in order to assist in settlement of the Litigation;.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, that the letter attached hereto is hereby adopted by the governing body
of the City; and
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BE IT FURTHER RESOLVED, that appropriate City staff are directed to distribute the
letter attached hereto to the Deerfield Park Design Review Committee.
RESOLVED this 4`h day of June, 2012.
Approved:
Joe Lockvgofi#, Mayor
Attest:
Sudie AM Gordon, City Clerk
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'J City of Milton
13000 Deerfield Parkway Building 100 Suite 107 Milton, Georgia 30004
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June 5, 2012
Deerfield Master Association, Inc.
c/o PMG Commercial
P.O. Box 325
Alpharetta, Georgia 30009
Re: Formal Request to Modify Deerfield Covenants
Dear Deerfield Master Association:
As the governing body for the City of Milton, Georgia, we deliver this letter in the hope
that we might encourage you to work with the City in developing a solution where a single
billboard could be erected on Deerfield Property adjacent to Georgia Hwy 400. As you may
know, Fulton County has been engaged in protracted litigation with various sign companies that
had previously submitted multiple billboard applications within what is now the jurisdictional
boundary of Milton and in other areas of north Fulton County. The City joined the case in an
effort to protect the City's interests and otherwise ensure that numerous billboards were not
erected in Milton. Unfortunately, after trial and appeal, the Georgia Supreme Court issued an
opinion requiring the City to allow the billboards to be erected.
After the Supreme Court's decision — and in a continuing effort to protect the interests of
the citizens of Milton during litigation - the City has been in negotiations with the sign
companies in an effort at reducing the number of court-ordered signs and also to find locations
for those signs that will minimize their impact on Milton citizens. The City understands that the
sign companies have approached Deerfield in an attempt to obtain permission to erect a single
billboard on property adjacent to Ga. 400 which is under Deerfield's management. The City
Council wishes to make clear that we perceive a significant benefit in a billboard being erected at
this site, as opposed to a site more internal to the City. The City believes that allowing a
billboard along Ga. 400 would ensure that sign placement has only minimal aesthetic impact on
the City and would allow the City avoid a billboard at a location interior to the City where the
visual and overall negative impact is much more pronounced.
In order to provide this protection to the citizens of Milton, the City Council respectfully
asks that the request to erect a sign along Ga. 400 be granted by the Design Review Committee
and that any restrictions contained in covenants be modified to allow such placement.
June 5, 2012
Deerfield Master Association, Inc.
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We appreciate your consideration of this request.
Mayor Joe ockwood
Councilmember Karen Thurman
Counc member Matt Kunz
Councifineer B' Lusk
CITY OF MILTON, GEORGIA
Councilmember Burt Hewitt
Councilmember Joe Longoria
rr er Lance Larg
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