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Council denies winery alcohol license; OKs next steps for land purchases

Post Date:04/09/2024 11:05 AM

Ken Jarrard gesturingAfter about 3.5 hours of citizen comments and competing legal presentations, Milton’s City Council voted Monday night to deny an alcohol beverage license to a proposed farm winery.

The 5-1 vote capped not only the night’s extensive discussions but months of the application from D’Rose Vintners being in the spotlight, including several deferrals and rounds of public comment at Council meetings.

D’Rose Vintners is on Blakmaral Lane, a gated community accessible only through the Providence Plantation neighborhood. Residents of that subdivision came out to City Hall on Monday, just as they had previously, to urge the Council not to issue the alcohol license. Among other reasons, they cited safety, property value, traffic, and other concerns related to having a commercial enterprise, especially one with an alcohol license, so close. Those backing the applicant, meanwhile, vouched for his character, referred to his investment, and pointed to concessions offered like not allowing public tastings, large-scale gatherings, and other efforts to address potential issues.

Comments from 44 people were part of Monday’s public hearing – three in support, 39 opposed, and one lawyer representing opposed citizens. The roughly two hours of remarks were followed by a legal proceeding in which attorney Greg Hecht presented the case for the applicant and owner of D’Rose Vintners, Jim Rosenberger, while City Attorney Ken Jarrard presented the opposing side. The two sets of lawyers shared documentary evidence as a court reporter captured their remarks.

After more than an hour, the issue went before the City Council. Councilmember Carol Cookerly cautioned that a “vote to deny is a vote for uncertainty,” seeing as the matter could go to court. Still, the majority of the City Council ultimately cited several points made by Jarrard in voting against the application. These included that there was no “vesting” right to an alcohol beverage license (as a result of a May 2021 farm winery-related moratorium and subsequent ordinance change) and the applicant not being in compliance with the current, pertinent City Code related to alcohol beverage licenses.

 

MOVEMENT ON TWO POTENTIAL LAND ACQUISITIONS

The use of existing and potential acquisition of new City property – some of which could be used for new parks – was another focal point of Monday’s meeting.

Deerfield Parkway propertyThe first related item stemmed from a City Council directive to create an ad hoc committee to delve into finding opportunities for more “active” parks (that could contain athletic fields, courts, and the like). The group would consist of representatives of the Parks and Recreation Advisory Board, Milton Equestrian Committee, and Milton Greenspace Advisory Committee, plus one at-large member appointed by the Council.

Rather than go forward now with such a committee, the Council table the ordinance that would have created it (meaning it can be considered in the future). They alluded to two other measures later on the agenda that would add to the available options.

One is nearly 10.5 acres (in two parcels) along Arnold Mill Road, roughly 800 feet (and across the street) from the City athletic complex called Legacy Park. City Manager Steve Krokoff noted this land, which is fairly flat and has about 30% tree canopy coverage, could become an active park, passive park, or home for other City facilities.

The City approved this land acquisition agreement, with Mayor Jamison requesting that there be a public hearing before any closing.

The other pertinent agenda item was a “letter of intent” for another possible City purchase –  21.38 acres along Deerfield Parkway.  Krokoff mentioned that this parcel’s size and strategic location may align with recommendations in the Parks and Recreation Master Plan for future parkspace.

This now wooded parcel is surrounded by commercial properties including the Verizon campus and Walmart.

While calling it important that this “go through (the) process” – including a potential contract before Council on April 22 – the Mayor said, “This is something that if done right, checks a lot of boxes for us. I think this is going to be a jewel for that area.”

The Council approved the letter of intent. As with the Arnold Mill Road properties, there are plans for a public hearing of some sort and 90-day due diligence period before closing.

 

LINDON APPOINTED TO SUSTAINABILITY COMMITTEE

Francia Lindon swearing in MayorThat vote culminated a meeting that began with the unanimous approval of a Consent Agenda, which included agreements with: 

  • American Coach Lines to transport attendees of Camp Compass (Milton’s summer day camp) and Camp Joyful Soles (which is for special needs individuals between 13- and 22-years-old) on regular field trips to nearby locations
  • Columbia Engineering and Services to oversee negotiations for right-of-way as needed as part of an intersection improvement project at Webb Road and Cogburn Road
  • Roof Technology Partners to conduct annual inspections and regular maintenance for the combination metal and TPO (Thermoplastic Polyolefin) roofs on Fire Station 44, the Milton Police Station/Municipal Court building, and City Hall
  • Babysitter Bootcamp to provide babysitter training classes through Milton’s Parks and Recreation Department
  • Candinews Children’s Theatre for another recreational program – this one for performance arts classes for children
  • Tyler Technologies for the City to use Resource X, a budget module software with priority-based budgeting capabilities

This was followed by Francia Lindon’s appointment as a member of the Milton Sustainability Advisory Committee, a new City board that will advise City leaders and staff on sustainability-related matters including the creation of a Recycling and Solid Waste Management Plan.

Councilmember Phil Cranmer nominated Lindon for the District 3/Post 2 post, noting her decades of dedication to the City and environmental causes including a pivotal role in the non-profit Milton Goes Green. She and her late husband, Jack, were previously honored as Milton’s Volunteers of the Year for their environmental efforts.

 

CGA GRADUATE SPEAKS TO ‘EYE-OPENING EXPERIENCE’

Members of the seventh cohort of Milton’s Citizens Government Academy on Monday celebrated completing the 8-week immersive program, with each one receiving a graduation certificate as well as a copy of the proclamation read by Mayor Jamison.

CGA group pictureThat proclamation noted how, since 2018, “scores of students … have gotten a deeper, behind-the-scenes perspective about the people, policies, philosophies, and processes involved in Milton’s municipal government.” Past graduates have become Councilmembers, board members, and well-rounded, better-informed neighbors, volunteers, and ambassadors for Milton.

Community Outreach Manager Emily Salerno noted that the latest class “explored every facet of our municipal operations” and amassed a “comprehensive understanding” of what, why, and who are involved in the City’s success.

Traci Butler, the spokesperson for this CGA cohort, lauded the “eye-opening experience” and realization that “it takes a lot of departments to work together to make our City the best.”

 

NEW UNIFIED DEVELOPMENT CODE ADOPTED

Later, Milton adopted its first Unified Development Code – which presents existing policies and regulations related to building and land development in a more streamlined, re-organized, and more comprehensible manner.

Robyn UDCZoning Manager Robyn MacDonald went through elements of what is referred to as the UDC, including what’s in it and how it’s organized. You can learn more about the Unified Development Code, including its intent, at www.miltonga.gov/UDC.

“The UDC does not change policy,” McDonald noted. But it should make it easier for people to find and understand the policies and regulations that impact their project.

After MacDonald’s presentation, Mayor Jamison thanked Planning Commission members for their diligent, important work of going through the proposal “word-for-word” over a many-month period.

The Council then proceeded, one-by-one, to approve the adoption of the UDC followed by corresponding revisions to other elements of the City Code.

 

EMERGENCY MORATORIUM ON SALE OF CONSUMABLE HEMP

In other developments, the elected officials approved: 

  • An alcohol beverage license for Suite 200, a soon-to-be-new restaurant in the Market District Crabapple development in Milton’s attentive Council looking forwarddowntown.
  • The purchase of a parcel needed for the Morris Road widening project for the appraised value
  • An emergency moratorium prohibiting new business applications as well as permits, warrants, rezonings, and more related to the retail sale of consumable hemp
  • A final plat for the Ridge at Sweet Apple, a third Brightwater Homes development in the Sweet Apple character area located at the end of Ebenezer Road
  • Amendments to the current Fiscal Year 2024 budget

The Council is next scheduled to convene the evening of April 15 for a Work Session, meaning members can hear presentations and offer direction but not take official, binding votes.

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