November 4, 2018

First, I want to thank all of you that have come to the blog and have reached out to me over the last few days.  Over 150 visitors have come to the blog and at least 2 dozen of you have reached out to me by email with messages of support.  I appreciate your support.  I urge you to reach out to our city council and request denial of the zoning modification for the SE corner of the Crossroads.

I remind citizens that the plan for the SE is virtually identical to the plan rejected by all 6 of the current council members.  So when you communicate with council members, ask them directly what is different about this proposal that they would even consider voting to approve it.  I suspect that the only answer you will hear is that staff is now recommending approval.  However, staff’s rationale for reversing its previous recommendation for denial and ignoring Milton’s 4-part variance test is that their commitment “is to ultimately deliver the best possible development for the community” and to “deliver a high quality project for the community.”  Unfortunately, this “commitment” is directly contradicted by the City Attorney when he advised Council on April 23rd on the SE corner.  Listen to this short video clip:

So it should be clear to citizens that this argument that Milton can ignore its variance ordinance or somehow change it without enacting a new ordinance is just plain wrong.  The City is obligated to apply the 4-part test and only the 4-part test.  And the truth is that requested variance fails the 4-part test; therefore, the zoning modification should be denied.

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I am also including in this post an email sent by Julie Bailey to citizens urging denial of the zoning modification.  Julie was advocating for smart land use long before Milton was a city and long before any of the current members of Council even lived in Milton.  Julie was a chief architect of the Birmingham Master Plan.  No one is more of an authority on the Crossroads than Julie.  She has more credibility on this issue than anyone in this community, bar none.  And Julie has clearly stated that this variance is not justified and does not meet either the letter or the spirit of the law.  Julie is an unsung hero in our community.  Please read Julie’s letter and heed her call to contact City Council.  Thank you.

November 4, 2018 Dear Milton Friends, Neighbors and Citizens: Upcoming Zoning Modification – City Council Meeting, Monday, November 5, 2018 at 6:00 p.m. SE Quadrant of the Birmingham Crossroads – Zoning Modification requesting variances to build commercial and high-density housing.  This email is intended to inform you about the upcoming zoning issue at the Birmingham Crossroads in the City of Milton.  This zoning modification is time sensitive as it goes to the Council Monday (tomorrow) night for a final vote.  Your involvement is critical. ZM18-02/ VC18-08 / Southeast quadrant of Birmingham Hwy and Birmingham Road / OHC Birmingham LLC 22.12 acres in 2/2, Land Lots 379, 380, 413, and 414: 1) Request to modify ZM14-06 Condition 2.a. to the revised site plan received on September 18, 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. The developer is returning to the Mayor and Council with a plan for the SE Quadrant that is nearly the same as the plan denied by Council in the spring.  This Zoning Modification includes variances that are not supported with required hardships. Specifically, the applicant wants to delete the required 75- foot buffer and 10-foot improvement setback 1) to accommodate more commercial development along Birmingham Highway than would otherwise be possible and 2) to allow him to build homes in the buffer area that he is seeking to eliminate. Despite staff’s original recommendation of denial, staff have changed the criteria by which they judge variances to now recommend approval.  It is critical to note is that this recommended approval is in direct conflict with the direction the City Attorney gave to City Council and Staff at the April 23, 2018 zoning hearing when virtually the same zoning modification was unanimously denied. The reasons found in staff’s analysis as a basis for approval are troubling as they are in direct conflict with the legal requirements that any variance approved meet the four criteria outlined by zoning policies and law.  None of those four legal requirements are met by this zoning request.  As such, the zoning modification should be denied.  The 75- foot buffer and 10- foot improvement setbacks are requirements of the Birmingham Crossroads Overlay and Zoning Requirements for this quadrant of the Birmingham Crossroads.  To allow variances to be approved when there is no demonstrated hardship sets a very dangerous legal precedent. Use this link to read staff’s analysis and to see the developer’s application and variance requests. Also, please use this link to the Milton Coalition blog to read more about concerns tied to the City of Milton effectively ignoring and/or diluting the legal requirements for a variance to be approved. Additionally, this link speaks to these changes being made without a legislative process and action that would require public hearings and public input. Your input is critical.  This is your community. Please play a part in protecting all the things that make Milton special. Please consider attending Monday night’s meeting and voicing your opinions.  Please consider writing emails and letters to the Mayor and Council, the City Manager, the City Attorney and staff. Your voice makes all the difference.  Please scroll down to find email addresses of all those you should contact regarding this and other zonings issues as well as other issues of concern to you, your families and neighbors. Thank you for being involved. It matters. My best, Julie Zahner Bailey