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One farm winery use permit request approved, other is withdrawn

Post Date:08/02/2021 11:01 PM
best.council.group.shotMilton’s City Council on Monday night approved a use permit for “agricultural related activities” at the site of the Painted Horse farm winery, while the applicant withdrew a request for another related permit.

This was just one of many actions taken by the Council, with others including submitting Milton’s 2040 Comprehensive Plan and – for this election cycle, at least – continuing the practice of Fulton County administering Milton’s municipal election. 

The discussion regarding the Painted Horse and Pamelot Farm (both based at 2105 Bethany Way) and ultimate vote had the most build-up, however. Deferred at the June 7 and July 19 Council meetings, the language under consideration changed several times over the spring and summer after back-and-forth involving neighbors, City officials, and the business’s owners (and their legal representatives).

City Zoning Manager Robyn MacDonald led off Monday’s discussion by laying out facts surrounding the latest requests. 

One element not discussed at length was a request for a use permit to be a “rural event facility.” Had this been approved, the Painted Horse could have hosted weddings, corporate team-building exercises, holiday parties and more – in other words, events unrelated to explicitly agricultural, equestrian or farm winery uses. Such events would have been limited to certain hours and no more than 100 attendees.

Yet the applicant withdrew this request in writing, City Attorney Ken Jarrard explained. And the Council chose to accept their withdrawal officially on Monday.

AGRICULTURAL RELATED ACTIVITIES PERMIT APPROVED

That left the request for an “agricultural related activities” use permit, allowing for things like equestrian activities and children’s birthday parties. City staff had recommended denial on all grounds at the July 19 meeting; on Monday, they recommended approval under certain conditions.

revised.site.plan.on.screen.croppedCouncil members voiced openness to such agricultural uses, which have taken places for years on the property, so long as there was a distinct separation between them and the farm winery activities. Most of the discussion revolved around two variance requests tied to this matter – one for existing parking, the other for existing structures within the 100-foot activity setback.  

Four people spoke against approval at Monday’s meeting, while two lawyers representing the Painted Horse spoke in favor with some conditions. Attorney Ellen Smith asked about changing the allowed hours and for six parking spaces (that fall within the 100-foot setback but weren’t part of the proposal presented Monday by MacDonald) near the property’s riding ring to be also allowed. 
 
The parking spaces and the structures included the variance request were around before the farm winery part of the property began in the late 2010s. Council member Paul Moore noted that just because they existed before didn’t mean, by right, that they must remain there. And Carol Cookerly cautioned about “unintended consequences” as why each detail was important.

Council member Laura Bentley pointed out that Pamelot Farm has a “healthy riding academy” that could utilize all 30 parking spaces being considered for variances (in addition to about 30 others not within the setback). Like others, she expressed support for agricultural and equestrian uses like this.

“Our struggle … has been with the intensity of use on this land,” Bentley said. 

She favorably referenced a proposal originally from fellow Council Member Joe Longoria for the Council to exercise its purview to oversee the business’ ability to sell alcohol – through permits and its alcohol-related ordinance, Chapter 4. City staff was directed in the coming weeks to explore how this might work, including perhaps amending the ordinance as it relates to farm wineries.

After 45 minutes of Council discussion, members voted unanimously to approve the “agricultural related activities” use permit and the two concurrent variances as recommended by City staff with one tweak -- allowing the six additional parking spaces not included as part of staff’s recommendations.

 

MILTON MUSTANGS SWIM TEAM HONORED

Farm wineries were actually the final item discussed Monday, with much more happening before then.

The evening began with an invocation from Father Reggie Simmons of St. Aidan’s Episcopal Church, followed by the Council’s unanimous approval of a Consent Agenda that included:
• An agreement to install power outlets and network connections around Milton Municipal Court related to the City of Alpharetta’s court moving its operations there;
• Continuing the City’s partnership with Premier Events to help with event management, logistics, and day-of assistance for Crabapple Fest;
• Buying and installing a natural gas generator and automatic transfer switch at City Hall to power computers, servers and lights there in an emergency and/or power outage;
• Agreements for BM&K to inspect construction at Providence Park, the former Milton Country Club’s trails and at the Hopewell Road and Bethany Bend/Way intersection; 
Milton.Mustangs.bestThe renovation, by Pencor, of the exterior and interior of the former Milton Country Club clubhouse for Parks and Recreation programming, events and general community use; and
• A plat for The Homestead at Milton development off Hopewell Road for 32 lots – each between 3.04 and 10.33 acres – on 172.8 total acres.

Mayor Joe Lockwood later read a proclamation honoring the Milton Mustangs Swim Team, which trains and competes out of the City Pool at the former Milton Country Club. 

The Mustangs went undefeated this summer to become regional champions, collectively broke 24 team individual and 10 relay records, and placed 10th out of 44 teams at a recent divisional meet at the Georgia Tech Aquatic Center.

Bill Ross, from Ross and Associates, then spoke briefly about the City’s Capital Improvement Element (CIE) annual update prepared in accordance to Georgia rules and regulations pertaining to impact fees. 

The City of Milton is required to submit an update annually to the Atlanta Regional Commission and Georgia’s Department of Community Affairs for regional and state review, respectively. You can view the latest on the draft update that will be presented to Council by clicking here: https://www.miltonga.gov/home/showpublisheddocument/4955.

“You’re in good shape,” Ross said, adding that the City should start “updating its entire impact fee program … fairly soon.” 

Later in the meeting, Laura Richter talked about Milton’s 2040 Comprehensive Plan. While countless hours have been devoted to crafting this plan, Richter – a consultant from TSW, part of the City’s project team – only spent a few minutes addressing Council on Monday before they took a critical vote in the process.

A draft of this Comprehensive Plan was completed in June, after which the public had one last 30-day period to comment on it. After the incorporation of some late suggestions, the Council was asked to vote on whether to submit a version of Milton’s Plan to the Atlanta Regional Commission and Department of Community Affairs for regional and state approval, respectively.  

Once that entities review it, the Council is expected to vote on formally adopting the 2040 Comprehensive Plan in October. As Bentley – a non-voting member of the Comprehensive Plan Advisory Committee – pointed out, the Plan includes not only guidelines and ideas but work programs that will drive action by City staff.

“So there are words and a work plan with it,” she said. “… It’s there, and we juts need to get to work on it.”

You can learn more about the City’s 2040 Comprehensive Plan at www.miltonga.gov/ComprehensivePlan.

CITY OK’s FULTON COUNTY RUNNING NEXT MUNICIPAL ELECTION

The matter that engendered the second most discussion Monday (besides the farm winery items) was also one that was deferred on July 19: Whether the City should have Fulton County run its municipal election, or run the election itself. 

The County historically has run municipal elections in Milton since its founding, just as they have in other neighboring cities. Yet Fulton County has faced considerable criticism in the past year.

At the July 19 meeting, Council members directed City staff to study what needed to happen, when, and at what cost for the City of Milton to run its own elections.

City Manager Steven Krokoff presented those findings Monday. He pointed out that – absent a change in state law – the City cannot run state or federal elections (like for president or Congress). Nor could its ballot include Fulton County races; so if Milton held its own mayor or Council elections in November, voters would have to go elsewhere (to another room or building) to cast a ballot on the TSPLOST II referendum, for example.

The City’s analysis determined that it would cost Milton over $120,000 to run its own election in 2021, a figure greater than the $84,000+ that Fulton County is charging to run this year’s election. Krokoff added that, while the City would not save in “year one,” it could break even after about five years.

He also noted that City staff currently have no municipal election experience and would need to have absentee ballots ready as soon as August 16.

Several citizens then spoke urging the City – and not Fulton County – to run the upcoming election. Among other criticisms, they challenged Fulton County charging a flat fee based on possible voters, rather than its past practice of issuing refunds if turnout was lower.

Afterward, Council members echoed criticism of that policy. 

“They’re trying to incentivize us to go someplace else, and no one has taken the bait yet,” said Joe Longoria.

Council members stated that they wanted the City of Milton to run its own elections. The question was whether that could be done this year or would have to happen later.

“We will have two years to determine the best course,” said Council member Peyton Jamison. “Milton can set an example to do things right. I’m looking forward to the (20)23 election that we host.”

Members voted 5-2 to authorize Fulton County to conduct Milton’s 2021 municipal election. Paul Moore and Rick Mohrig voted against it.

The Council will next convene on August 9 for a “Work Session,” meaning there will be no votes.
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