Smart Land Use

Stop The Insanity

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May 23, 2017

Question:  Why was the most recent rezoning (of 3 parcels on Hopewell Road) so important?

Answer:  Council missed a golden opportunity to stop the rezoning madness in Milton.

Re-zonings and other applications by developers for special treatment are consuming vast amounts of staff and Council time and diverting scarce resources away from more important matters, such as traffic congestion.  Council spends well over 50% of its time on various requests from developers.  That is time not spent on solving issues of concern to citizens, such as traffic congestion. 

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Some council members will tell you that Council is obligated to hear these zoning requests.  This is a dishonest answer.  While it is true that developers have a right to these zoning hearings, the primary impetus for developers’ requests is an indulgent council.  Developers know that that they will get a sympathetic ear at Council.  Developers know that council members Lusk, Thurman, and Kunz will vote unquestioningly for any developer request.  (Council member Lusk has even stated that he trusts developers more than our own Planning Commission, who he characterizes as unqualified non-professionals who render subjective judgments.)  So that means that developers need to find only 1 more vote on Council to get approval of their requests.  The result is that Council is deluged with developers’ requests for rezonings, zoning modifications, and variances.  And while a compliant council grants special favors to developers, Milton’s problems—many (ironically) the result of reckless development—go unaddressed.

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So with the Hopewell rezoning, Council had the chance to draw a bright line in the sand regarding re-zonings that seek higher densities than are allowed by right under existing zoning.  Unfortunately, Council blew it and caved to the developer, granting twice the density than AG-1 zoning likely would have allowed.  Worse, Council opened the door to a raft of new rezoning applications that are sure to land on Council’s docket in the near future.

Council Member Thurman, Milton City Council, Smart Land Use

Thurman Betrays CPAC and Citizens

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May 22, 2017

If you are looking for who is most responsible for the rezoning approval on Monday (May 15th), look no further than Council Member Karen Thurman.  You see, Ms. Thurman was the City Council representative to the Comprehensive Plan Advisory Committee (CPAC).  What is the CPAC you ask?  Here is a succinct description from the City of Milton website:

“The Comprehensive Plan Advisory Committee (CPAC) is a citizen committee that consists of the seven members of the Planning Commission, the chairs of the Design Review Board and the Board of Zoning Appeal; as well as an appointee from each of the seven members of the Milton city council. City Councilmember Karen Thurman represents City Council. This group is the citizen steering committee that will guide the development of the Comprehensive (land use) Plan document.”

This group of 17 people meets every 5 years to update the City’s Comprehensive Land Use Plan (CLUP).  The CLUP is a very big deal as it sets the vision for land use in the city.  And it frequently gets cited in debates about land use (although it is not legal binding).  To assist Milton, the Atlanta Regional Commission provided 2 consultants to work with our staff planner, Michelle McIntosh-Ross.  The process from start to finish spans an entire year.  There were multiple workshops conducted to solicit public input.  And citizens attended and participated in CPAC meetings.

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So you can see that a huge amount of time is invested in getting the CLUP right.  Literally, 100s of hours are expended, mostly by citizen-volunteers, to establish Milton’s vision for land use.  Ms. Thurman was actively engaged in the Committee’s deliberations.  The final CLUP was approved unanimously by both the 17-member CPAC and the 7-member Planning Commission.  The final CLUP was approved by Council in late October 2016.  Before the Council vote, Ms. Thurman defended the CLUP, and she voted for it.

What is the point of this discussion?  Well, you need some context to understand how important the CLUP is to Milton and the investment made by so many to get it right.  And the most important point is that Ms. Thurman knows this and Ms. Thurman is the one council person that has an obligation to explain and, more importantly, defend the CLUP.

Unfortunately, last Monday night, Ms. Thurman disavowed the CLUP . . . and with it, all the hard work of the CPAC and all the input from citizens.  Shockingly, Ms. Thurman stated (and this is a direct quote):

“. . . I am really struggling with this.  If the recommendation for denial by both staff and the planning commission is based on the future land use map then any rezonings will be recommended for denial?”

The answer is YES.  Isn’t that the purpose of the CLUP’s future land use map . . . to establish the future land use for various parcels in the City?  Ms. Thurman was there at the CPAC meetings when the rezoned parcels were discussed.  There was a lot of debate.  Quite a few citizens showed up to advocate for AEE land-use designations for parcels south of the Brookshade subdivision.  And the CLUP was ultimately approved unanimously by both the 17-member CPAC and the 7-member planning commission.  So yes, we expect the CLUP and its future land use map to be upheld!  And Ms. Thurman of all people should be defending the work of CPAC and advocating for application of the CLUP to rezonings.  Ms. Thurman should be providing the rest of Council with context and defending the prerogatives of citizens.  Instead, Ms. Thurman led the charge to cavalierly cast aside the CLUP.  In so doing, Ms. Thurman disrespected citizens and all the members of the CPAC.  (Is it any wonder that the City has difficulty recruiting citizen volunteers for its committees?)

And not only was the CLUP dismissed by Ms. Thurman, she also advocated for disregarding (as she has many times before) Milton’s Intergovernmental Agreement (IGA) with Fulton County regarding which parcels can have sewer.  The IGA was a hard-fought agreement reached with Fulton County.  The rezoned parcels are not among the properties eligible for sewer under the IGA.  Accordingly, Council will have to separately approve extension of sewer to homes on the rezoned property.  Once again, sewer is being extended, even though every Council member has vowed, at one time or another, to not extend sewer.

Ms. Thurman’s third and final justification for approving the Hopewell rezoning was to avoid a lawsuit by the developer.  Applying this standard would imply that Council should approve every rezoning application, as every developer at a zoning hearing claims their rights under the Constitution would be violated by a denial.  Developers actually must make such assertions to have standing in court, should they decide to sue.  The City Attorney actually felt compelled at one point to correct Ms. Thurman’s hyperbolic assertions about previous lawsuits (in the Fulton County days).  And do you know how many times a developer has sued the City and won on a zoning matter?  The answer is NONE.  The threat of a lawsuit should NEVER prevent the City from doing the right thing for citizens!

There is a silver lining in Ms. Thurman’s betrayal of the CPAC and citizens.  Ms. Thurman revealed she is an advocate for developers, assisting them with bending, breaking, and changing the rules to their benefit . . . and to the detriment of citizens, who pay the cost in terms of congested roads, overcrowded schools, and lowered property values.  The truth is that Ms. Thurman has a long history of voting for rezonings that increase density.

The Blog and Petition

Back By Popular Demand: The Milton Coalition Blog

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May 21, 2017

Citizens:

The Milton Coalition thanks you for your tremendous support over the past 18 months. We appreciate your trust and confidence.  Together, we have accomplished a lot, but there is still much to be accomplished.

After letting the Milton Coalition blog go dormant for the last 6 months, we are re-launching the blog based on a deluge of requests from citizens.  We will be publishing new posts every day between now and the election in November.  We will not pull our punches.  As always, we will tell the unvarnished truth.

Many citizens have reached out to the Milton Coalition since last Monday’s City Council meeting.  As many of you know, Council approved 5-2 the rezoning of 3 properties on Hopewell Road just south of Vickery Crest.  This rezoning was approved by Council despite:

  1. Staff’s recommendation against approval
  2. The Planning Commission’s unanimous recommendation for denial. This approval is yet another in a long string of rezonings where Council has overridden recommendations for denial from the Planning Commission.  Disgraceful!
  3. Violating the Comprehensive Land Use Plan (CLUP), which was just approved by Council in October 2016. The CLUP designates these parcels as Agricultural, Equestrian, Estate (AEE).  After considerable debate, the comprehensive plan advisory committee (CPAC) made a deliberate decision to designate these parcels as AEE.
  4. Doubling the number of homes that this property would likely support under its AG-1 zoning, thereby exacerbating traffic congestion, overcrowded schools, and other problems associated with high density housing.
  5. Overwhelming opposition of citizens, as expressed in two petitions; many hundreds of letters to Council; and many hundreds of public comments at City Council meetings.

We consider this rezoning a violation of the public trust.  Citizens, it is time to take action!  Since Monday, we have seen a spike in signatures to the Milton Coalition petition based on only 1 posting at a social media site.  Thank you!  If you have not signed our petition, please join over 1800 civic-minded citizens that have already signed the petition.  And please leave a comment.  Following is link to the petition:

Milton Coalition Petition

More importantly, citizens need to vote in November.  We need to remove Council Members that consistently cast votes that bend, break, and change the rules to the benefit of developers . . . and to the detriment of citizens.

Please refer to our Milton Coalition Action Guide to learn more about how you can become more involved in advocating for good governance in Milton.

Please return daily to our site to get the latest news on Milton City government and politics.

Advocating For Citizens,

The Milton Coalition

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Competitive Elections Needed In Milton

Following is a link to a letter to the editor that was published today in the Milton Herald.  

Milton Citizens Must Remain Vigilant

It has become clear that positive change in Milton will only come through replacing some members of City Council.  In particular, Council Members Matt Kunz and Bill Lusk are at the center of the dysfunction in Milton city government.

Council member Kunz has taken thousands of dollars in campaign contributions from the development community in Milton.  Council member Bill Lusk, whose construction company has benefited from Milton’s construction boom, also contributed $1000 to Kunz’s campaign.  It was the best $1000 he ever spent, as Kunz has become his second vote on Council.

There is not a dime’s worth of difference between Lusk and Kunz.  Both are strong and unapologetic advocates for developers in Milton, as their voting records clearly demonstrate.  For example, Lusk made the motion to approve the rezoning that allowed the abominable town home development across from Cambridge High School.  Kunz seconded the motion, (wrongly) asserting that 50% of land would be conserved as greenspace.  Both Lusk and Kunz also actively promoted a developer’s rezoning and subdivision on Ebenezer Road, in violation of Milton’s rules against Council members taking even an indirect interest in a matter before Council.  In doing so, Lusk and Kunz supported cluster housing (homes on 1/4 acre lots) in unsewered areas of Milton.

Recently, Kunz and Lusk (and Council Member Rick Mohrig) reversed their opposition to (and their votes against) a subdivision platting when a developer and major campaign contributor weighed in on the platting.  Lusk was responsible for the developer-applicant getting a second hearing, where Council ‘s earlier denial of the platting was reversed.  It was another obvious example of Lusk and Kunz bowing to the will of their political patrons and special interests.

Both Lusk and Kunz were also caught using private e-mail for City business, which is prohibited and a violation of open government laws.  Both have also circumvented the City Manager and city processes in their effort to pass an ordinance to allow cluster housing in rural parts of Milton.  This was revealed in e-mails obtained through an open records request.

Following is the text of the Letter to the Editor.

Milton citizens must remain vigilant

The City of Milton will soon be celebrating its 10th birthday. I voted for the creation of the city and have seen some positive changes over the years. However, all is not well in Milton. Over the past year, as a private citizen, I have attended nearly every City Council meeting and dozens of other city government meetings. And I have been dismayed by what I have witnessed. The city has not had a competitive election since 2011 and it shows. Lack of electoral accountability has led to complacency and arrogance in some elected officials. It has led to the increasing influence of special interests.

Who are these special interests? They are land investors and developers. Many of them live outside of our community; they care nothing about Milton. They have time, money, knowledge and highly paid attorneys. They know all the tricks, loopholes and angles. They are generous with their campaign contributions. And unfortunately, they have their agents within the city government.

To advocate for citizens, a small group of Miltonites formed the Milton Coalition in November 2015. We had no money, no organization and no name recognition. We only have a strong love for our community and a strong desire for good governance. We exercised our voice through petitions, blogs, flyers and speaking before the City Council. And the fine citizens of Milton are heeding our call. Our last petition advocating for smart land use and good governance garnered nearly 1800 signatures. One City Council meeting was so packed with supporters that a holding room had to be established. Over the past year, citizens have won a number of victories. However, securing and building upon these successes will require changes at the ballot box. Competitive elections are needed to fix what ails Milton. Some City Council members will try to distract citizens by highlighting their volunteerism and patriotism. Don’t be fooled. These politicians have long voting records that clearly reveal their allegiances.

Citizens, to mark the 10th anniversary of Milton’s founding, please consider attending a City Council meeting. Witness firsthand your government in action. I am convinced you will get it. As someone who has attended several dozen of these meetings, I know that you will grasp the need for new leadership. The most effective tool in our campaign for clean, competent, courageous, and citizen-centric government is citizen participation. See you at a future City Council meeting.

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Lawless Lusk Flagrantly Breaks City Rules

Milton Citizens:

See the letter below that was sent by the Mayor to the City’s board and commissions regarding citizen interaction.  Note that these rules are stated to apply to both elected and appointed officials.  This letter was approved by City Council.  So how is it that Council Member Lusk feels he is above the rules that he has voted to enact?  Lately, both Councilmen Mr. Lusk and Mr. Kunz have been explicitly attacking citizens.  Mr. Lusk recently did so in a social media posting, labeling citizens that oppose his views as his views as “lurking critics, detractors, non-performers, and naysayers.”  He goes on to even call such citizens unpatriotic and critics of volunteerism.  Both Mr. Lusk and Mr. Kunz recently verbally attacked a private citizen in a Council meeting, because they did not like the citizen’s comments before Council.  Think about it.  Council Members are the leaders of our City.  They set the tone and culture.  Will anyone else on other boards and commissions take the rules seriously if Council Members do not?

Following is a link to Kunz/Lusk attack on a private citizen.  Que to 4:41:40 and 4:50.25 in the video.

Lusk and Kunz Attack Citizen in City Council Meeting

Unfortunately, this rule-breaking is predictable behavior from both of these Council members.  They routinely and flagrantly violate the rules.  Consider the following:

  • Both Council members actively promoted a developer’s project, even giving tours of the developer’s property.  This is in direct violation of the Milton City Code that prohibits a Council Member’s even indirect interest in the outcome of a matter before City Council.
  • Both Council members have both used private e-mail to conduct City business.  This is a violation of laws governing transparency in government.
  • Both Council members have circumvented City staff, including the City Manager.  This was evidenced by e-mails obtained through an open records request.  Per City Code, Council members are required to work with City staff only through the City Manager.
  • Both Council members have violated their quasi-judicial roles as judges in rezoning hearings by explicitly advocating for applicants before and during rezoning hearings.  Mr. Kunz even gave a 20 minute PowerPoint presentation that could best be described as a marketing presentation for Brightwater Homes.

So it is not surprising that Mr. Lusk and Mr. Kunz would openly and explicitly attack citizens.  They obviously believe that the rules don’s apply to them.  Isn’t this typical of politicians?  This is the same sort of lawlessness that we see in Washington DC.  Lusk and Kunz have imported this lawlessness to Milton and the community is worse for it.  The rules only apply to the other guy . . . the ordinary citizen.

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Unhinged Lusk Declares War on Citizens

This post is going out to the 2000+ citizens that signed the Milton Coalition’s petitions against cluster housing and the CSO.

In a recent post on social media, Council Member Bill Lusk asserted that citizens that oppose his views are “lurking critics, detractors, non-performers, and naysayers.”  He goes on to say that “they would rather hide behind their keyboards, contribute nothing except divisiveness, and nurse their empty egos, while others bend over and pick up trash along our roads.”

Apparently, not only do we not volunteer on behalf of the community, we also are critics of those who do volunteer.  And we are also unpatriotic.  Mr. Lusk compares us to American colonists who did support the War for Independence and Americans who badly treated returning Vietnam veterans.  Mr. Lusk clearly has a wild imagination.

In signing a petition opposing Mr. Lusk’s developer-promoted ideas on community septic, cluster housing, and high density housing, we petition signers are apparently pretty horrible people.

Initially, Mr. Lusk tried to dismiss the signers of Milton Coalition petitions.  He claimed that most of the signatures came from people that lived outside Milton or were forged (i.e., that many signatures were anonymous).  However, we unequivocally exposed Mr. Lusk’s lies–for example, only 1 person anonymously signed the petition that was submitted into the Milton City Council record.  So now Mr. Lusk has shifted his strategy to attacking citizens that oppose his positions.   This is despicable.  And it will not work.

Clearly, Mr. Lusk has become unhinged.  Mr. Lusk is frustrated that he has not been able to get cluster housing approved for un-sewered areas of Milton.  He is frustrated that he is not able to deliver the goods to the Special Interests he represents.  He realizes that he has lost the confidence and trust of citizens, so has taken to lashing out blindly at anyone that opposes him.  Mr. Lusk (and Mr. Kunz) has even attacked private citizens from the Council dais.  This is in direct violation of the City’s own rules and guidelines (Letter to Boards and Commissions dated February 12, 2016 with subject line:  Citizen Interaction).

Citizens of Milton, Mr. Lusk is up for re-election in 2017.  We need to show Mr. Lusk that we are serious about clean, competent, and citizen-centric government.  We should not tolerate a politician that shows such blatant disdain and disrespect for so many of Milton’s citizens.  Mr. Lusk clearly has to go.

Citizens, as always, thank you for your commitment to Milton.  You are making a difference.

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Honoring and Respecting the Constitution

Tonight City Council is going to approve a proclamation recognizing Constitution Week.   The Milton Coalition is fully supportive of Council’s proclamation tonight.  However, we remind Council that the best way to honor the Constitution is with actions, especially upholding the five fundamental rights listed in the First Amendment.

The best way to uphold free speech is to allow citizens to speak even when Council members disagree with what citizens say and how they say it.  The best way to uphold free assembly is to embrace groups (like the Milton Coalition) that freely form to promote good governance.  And the best way to uphold the right of citizens to petition for redress of grievances is to take seriously those citizens’ petitions.

Council, thank you for recognizing Constitution Week.

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Wood Road Petition: Protect Milton’s Gravel Roads

Citizens:

It is important that citizens continue to sign the Petition urging Council to protect our gravel roads.  This means a strict interpretation of the three-acre lot minimum along gravel roads that includes not only lots accessed from a gravel road, but lots adjacent to a gravel road.  Council Member Kunz has already stated that legally landowners are entitled to one-acre lots due to precedent.  (This is actually false.  See earlier post on this issue.)  However, Council member Kunz and Lusk have already supported 1-acre lot minimums along gravel roads in the 745 Ebenezer Road rezoning.  And they will certainly support 1-acre lots along Lackey Road, when a rezoning application is ultimately brought forward for parcels along that road.  The application will certainly be disguised in “conservation” language, but obviously one-acre lots (vs. three-acre) lots are not conservatory, except in the Orwellian world that Mr. Lusk and Mr. Kunz inhabit, where language is manipulated as a means to an end.

In the next few months, Council will be adopting clarifying language for three-acre minimum lots along gravel road.  Accordingly, citizens need to continue to stay engaged.  Following is the Wood Road petition.  Please sign and urge your friends and neighbors to sign.  Thank you.  Click on the following link to get to the petition.

Wood Road Petition

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Another High Density Development Brought to You By Lusk & Kunz

Following are some photos taken from the 27-unit townhouse development across from Cambridge High School.  This development is Exhibit A in how terribly wrong we can get rezoning in Milton.  Sewer was extended and density was increased by 3 times.  The rezoning approval motion was made by Bill Lusk and seconded by Matt Kunz.  (Don’t let anyone tell you that the person that makes the first and second motions on important issues does not matter; it does.)  At the time, Council Member Kunz even bragged to the Milton Herald about the townhouses:

“We approved the subdivision with an additional 25 feet of buffer space not required by Agricultural-1 (AG-1) regulations, making it a total of 75 feet of space, and also capped the sewer.  About half of the land will now be left as undeveloped, natural land.”

And don’t let anyone tell you that the choice was between a church and townhouses.  This is false.  This property was zoned AG-1 and should have been developed AG-1.  An AG-1 development would have yielded no more than 9 homes and would have better fit the look and feel of the area.  And as we have seen so many times, in approving this development, Council disregarded the recommendations of the Planning Commission, which voted 7-0 to deny this abomination.

This is just more evidence–as if you needed more–that Mr. Lusk and Mr. Kunz are the most pro-development members of Council.

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Where is the supposed 75-foot buffer?

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Kunz Is No Friend of Land Conservation

Below is a reckless and false argument made on social media by Council Member Kunz, where he argues for one-acre minimum lots on gravel roads.

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First, this is a reckless and irresponsible statement for an elected official to make.  It is yet another example of a Council member positing an opinion about an issue where he has no expertise and prejudging an issue before all the facts are known or citizens have registered their opinions.

Second, the statement is just plain false.  There is no precedent.  Period.  This so-called loophole has never been used in the City of Milton.  This issue was only raised recently with Nix Road and now on Wood Road.

The real reason for this ridiculous social media posting is that two Council members have previously, but unsuccessfully, supported one-acre lots along gravel roads.  With the Ebenezer rezoning, Council members Kunz and Lusk and supported Brightwater Homes contention that 1 acre lots were permissible as long as these lots were accessed from a paved road.  This assertion was made to support higher density than would have otherwise been allowed under existing zoning.

I would contend that those who make such irresponsible and false statements do not support preserving our gravel roads or land conservation.  They do not represent the will of citizens in Milton.

(Note:  In his post, Council Member Kunz mentions that a CSO would have included a collaborative process.  However, such a collaborative process can be included in improvements to AG-1.  In fact, the AG-1 enhancements currently being considered by Council include more collaboration with citizens.  And if Council Member Kunz wants a even more collaborative zoning process, why hasn’t he proposed one for AG-1?  The reason is that his goal is cluster homes, higher density, and community septic.  These are needed to allow builders to profitably develop currently unprofitable land in Milton.  That is the real motivation behind a CSO; the collaborative process is just window dressing.)