June 8, 2018

Buffer, zoning, means a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent lots and uses. A buffer is achieved with natural vegetation and must be replanted subject to the approval of the director of community development or his or her designated agent when sparsely vegetated. Clearing of undergrowth from a buffer is prohibited except when accomplished under the supervision of the director of community development or his or her designated agent.

      Milton City Code 64-1. – Definitions

I have devoted several blog posts to the dangerous precedent that would be set if the noise variance for the Crossroads music venue is approved.  However, almost equally egregious would be the approval of a variance to reduce and mostly eliminate undisturbed buffers (75 feet) and setbacks (10 feet) around the music venue property.  And once again, staff’s hardship justification does not hold water.  The Rural Milton Overlay (and NOT the festival ordinance) requires these undisturbed buffers and setbacks.  They are an essential protection for the community and a key driver of Milton’s rural look-and-feel . . . the look and feel that initially attracted so many of us to Milton and that protects and increases our property values.  Such buffers and setbacks are especially important at the Crossroads because of their visibility from some major roads and their abutment to Birmingham Park.  And just a month ago, City Council, in a 6-1 vote, denied a variance to delete the buffer on the Southeast Corner of Birmingham Crossroads.  (How is this buffer different?  It is not.)

The music venue developer has requested the following:  1) to replace the 75-foot undisturbed buffer and 10-foot improvement setback with a 10-foot landscape strip along the western and northern fence lines of his western neighbor and 2) to delete the buffer and setback for the remaining property lines (about 70% of the property line linear footage).

I have read staff’s analysis and it really does not provide any rationale for hardship, per se, for reduction/elimination of the buffers and setbacks.  Staff mentions that an adjacent landowner agrees with the replacement of the buffer and setback with a landscape strip along his property line.  However, such assent has nothing to do with hardship.  And in any case, the undisturbed buffer and setback are a protection for the community, not for an individual landowner.  The western buffer and setback are clearly visible from Hickory Flat Road and thus particularly deserving of protection.

Staff’s focus is on the western and northern property lines of the western residence.  Staff gives a very weak argument for hardship that I encourage all citizens to read.  However, what truly perplexes me is that staff gives no justification for elimination of the buffer and setbacks for remaining property lines (about 70% of the property line linear footage).  None.  Some of these property lines are north of the venue site and on the other side of transmission power lines that bisect the property.  Why would we eliminate undisturbed buffers and setbacks in this area, which abuts Birmingham Park?  What is the hardship rationale for elimination of these setbacks and buffers?  None is provided by staff.

And on the subject of Birmingham Park.  It seems that the entire northern part (4+ acres) of the parcel is surrounded by Birmingham Park (if I am reading the map correctly).  The buffer and setback are essential to protecting a community asset and treasure.  The buffer dampens noise from adjoining properties and preserves views within the park.  Why would the City even contemplate jamming a music venue so close to a beloved passive park?  So close that the buffer and setback would be eliminated to create enough area for the venue.  Folks, this is just plain wrong.  This is not the right location for a music venue.  Period.

And folks, let’s not forget about the criticality of legal precedence.  Such wholesale (along every property line!) reduction and elimination of buffers will set a dangerous legal precedent.  Buffers and setbacks will fall all around Milton like so many bowling pins.  Every developer will want the same treatment . . . and will be legally entitled to it.  That’s how precedent works.  And legal precedence is why our city government must assiduously defend those community protections–like requirements for buffers and setbacks and reasonable limitations on noise loudness–that are codified in our zoning.

Advocating for Preserving Our Buffers,

Tim Becker