City Council meeting, Monday April 27 - 6pm

Courtesy bhalliance.org

Use Permits
April 27, 2009

The BHA Board of Directors would like to make you aware of a request by two applicants for Special Use Permits for Landscaping Businesses, these zoning cases could set negative legal precedent for the City of Milton. The Planning Commission will be discussing Zoning Ordinance for Landscaping Businesses and Agriculture Uses, a decision on the current two cases would be premature.

City Council meeting, Monday, April 27 - 6pm at City Hall(Agenda item #08-913)U09-01 / VC09-01, 13120 Arnold Mill Road, by Frank Schaffer, The Landscape Group,Inc. - To obtain a use permit for a landscaping business on 1.74 acres at a density of 3,908.04 square feet per acre (Article 19.4.27). Applicant is also requesting 3-part concurrent variances:
To delete the 50' buffer and 10' improvement setback along the west property line from the right-of-way for a distance of 140' (12H.3.1 Section C.1).
To delete the 50' buffer and 10' improvement setback along the east property line from the right-of-way for a distance of 140' (12H.3.1 Section C.1).
To allow a sign located less than 10' from the right-of-way (Article 33 Section 21.C).Issues and

Concerns:

COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION for the February 24, 2009 Planning Commission meeting was for DENIAL.

• "Staff finds that the use as proposed on the site plan is too intensive for the site and recommends Denial of Parts One and Two. The proposed use violates the City of Milton Zoning Ordinance because of inadequate buffers on the eastern and western property lines. It is Staff's opinion that there is too much development on the front half of the property based on the required buffers and is inconsistent with nearby uses."

Revised site plan was submitted on March 2, 2009 to the Planning Commission. The revised plan does not fully comply with the City of Milton Zoning Ordinance. No substantial changes to the site plan to recommend approval of concurrent variance request. Staff stated, "that even if the variance were granted for the 50-foot undisturbed buffer along the east property line, access to the rear would encroach into the 25-foot State stream buffer. A variance would be needed from the State Department of Environmental Protection prior to consideration by the City of Milton Planning Commission and City Council."

The petitioner is asking for variances to the required buffers - all buffer requirements should be met or this use permit should not be approved. Allowing relief for part of the buffer requirements sets a negative precedent for all of Milton.

Requested use is too intense for the size of the property, 1.74 acres at a density of 3,908.04 square feet per acre on a narrow lot with steep slopes and a stream. The applicant is seeking to grow their business, "Want to develop their business more and then expand later."
Staff stated they are still recommending denial of Part Three of VC09-01 due to lack of a significant hardship due to existing foliage or structures.

Business has been operating for 2 years illegally, applicant purchased property in 2007.
This is a traditional commercial landscaping business that does not meet minimum buffer requirements. If allowed on this parcel of land, it will set a negative legal precedent for virtually all other AG-1 parcels that similarly cannot meet the required standards for this use permit. U09-02/VC09-02 - 15150 Birmingham Hwy, Application by Robb Nestor to obtain a use permit for a landscaping business on 3.926 acres at a density of 387.92 square feet per acre (Article 19.4.27). Applicant is also requesting concurrent variance to allow access from a local street (Article 19.4.27.B.1).

The Use Permit does not allow for access to the business from a local street.Please share this information with your neighbors, families and friends.