City Of Milton: Council OKs Withdrawal Of 1 Farm Winery Request, Defers 2 Others

Press release from the City of Milton:

06/07/2021 10:23 PM

Milton's City Council voted Monday night to accept the proposed withdrawal of one of the Painted Horse farm winery's permit request while deferring two others -- though those deferrals came with a signal that the onus is on that business' owner to find a solution to satisfy neighbors.

Neither deferral was unanimous. The votes came after 11 neighbors spoke out forcefully against the Painted Horse and its plans. They set the stage for a public hearing now slated for July 19.

Several Council members expressed irritation with recent activities including loud music and increased traffic,  as well as what they described as a "misinformation campaign" by the Painted Horse. They challenged claims that the farm's owners wanted only to do what they've done for decades (even though the winery began a few years ago and concerts more recently). Further, some were upset that the Painted Horse had sent out information in advance publicly stating the items on Monday's agenda had been deferred until July -- even though the Council had yet to make such a decision.

Those same messages urged the Painted Horse's supporters not to attend Monday's meeting, but instead go to one (that had yet to be confirmed) in July. No residents ended up speaking in favor of the farm winery on Monday, though some have sent emails to City officials.

"There isn't even a fair hearing to hear both sides," said Council Member Paul Moore. "... The applicant has compromised the hearing ... I couldn't be more frustrated."

The only thing all Council members agreed to was the Painted Horse's request to withdraw its request for a permit for "Festivals or Events." This would have allowed live ticketed musical concerts with up to 200 people on Saturdays.

Yet there was significant debate on whether or not the Council should vote to defer the other two permits. (A decision not to defer would have required an even more lengthy public hearing on Monday night -- something that could now happen July 19 -- as well as a conclusive vote.) 

Council member Laura Bentley echoed others in saying the Painted Horse hasn't been as responsive as it should be to neighbors, urging a meeting with all stakeholders before anything goes forward. Carol Cookerly noted how she and other Council members had initially supported the farm winery concept, though "a level of deception" since then has soured her and others' opinions.

"Since then, it feels like the owner has been loophole-hunting and commercializing in the neighborhood," Cookerly said.

While reiterating neighbors' concerns about noise, traffic and attendance, several officials expressed concern that an outright rejection rather than deferral could ultimately hurt neighbors because it won't be clear exactly what a farm winery can do "by right."

"I don't know what she is legally entitled to by right," said Council member Peyton Jamison, referring to Painted Horse owner Pamela Jackson.

Mayor Joe Lockwood further questioned, "With an outright denial, what are the things that (could) sneak up on citizens?"

In a 6-1 vote -- with Moore the only one opposed -- the Council approved a deferral of the permit request for "agricultural-related activities" such as summer camps, birthday parties, art-related events, school trips and more not to exceed 100 people at a time.

Moore and Bentley both voted against the deferral for the other permit request for a "rural events facility" for things like weddings, holiday parties, exercise classes and more not related explicitly to agricultural, equestrian or farm winery uses. Still, that passed 5-2.

Even those those votes fell in lines with the Painted Horse's wishes, Cookerly noted, "I think the Council has sent a very clear message where the burden is."

Lockwood added, 'Everything we discussed tonight is of value. We're only hoping for a better outcome, if that's possible."

These votes followed a lengthy public comment period in which individuals shared their opinions with the Mayor and Council.

The first speaker was Collier McLeod, an attorney at Parker Poe representing the Painted Horse owner. She spoke briefly explaining her client's support for withdrawing the one permit and deferring the other two.

All the other speakers (including one who spoke earlier in the evening during the general comment period) spoke against the Painted Horse. Here are some things they said:

• "I can't get across the street, I can't get across my driveway. Why is it right for people to park at my house? ... This is wrong."
• "We have no issue with the winery at all. It's the noise and the traffic."
• "There are a lot of people who say how great this winery is ... They don't have to live down the street.... Going down there on weekends, it feels more like a bar than a quaint winery."
• "Our street is no picnic to live on. The idea of increased drinking and driving on that street is frankly terrifying."
• "I'm sure some people call it music. I call it noise."
• "I don't want to see a 10-fold request for permits everywhere. If (so, this) starts to become a concert city rather than an equestrian city."
• "Deferrals really favor the applicant [who is] not being truthful."
• "My big concern is traffic safety and impaired drunken drivers ... I just fear for a bad accident happening there."
• "There is a huge disconnect between what is actually happening and what was supposed to be happening ... When does the ancillary use become the primary use?"
• "This is a cancer on the community, where people ... just want to go home. They're mad and upset."
• "It's upsetting because you dread every weekend ... I can give you 50 neighbors (who oppose it). They're all concerned."
• "It's a cut-through, it's a very busy road. I witnessed my daughter almost get hit by a car... They just pick up speed."

All those who spoke Monday can have their comments part of the record at the formal public hearing in July. Or they can voice their opinions again at that meeting.

This wasn't the only matter that the City Council considered on Monday night.

It also honored members of the Milton Police Chief's Advisory Board. Since last summer, during a time of widespread national scrutiny over policing, this diverse group of citizen volunteers have shared their experiences, viewpoints and expertise with Chief Rich Austin.

"They have been instrumental in helping me vet initiatives and ... to be a sounding board," Austin told the Council, before the members received their copies of a Mayoral proclamation. "I appreciate their excellence and what they've done for me and our Police Department."

The Council also voted for another 30-day extension of its COVID-19 pandemic related emergency ordinance. Since March 2020, such ordinances have been passed in 30-day increments most all running in tandem with Georgia Gov. Brian Kemp's own pandemic orders. City Attorney Ken Jarrard explained Milton has passed its ordinance "simply out of an abundance of caution" so that the City might obtain state or federal funding.

Two measures related to the former Milton Country Club were also approved Monday. One paved the way for work to begin this month constructing trails and removing old cart paths in the "passive" part of the City-owned property. The other allowed for the disposition of the City's rights for cart path areas once the concrete paths themselves are removed.

A pair of alcohol business licenses got go-aheads as well.

1) Billy Allen’s, a restaurant and piano bar in the new Market District in downtown Crabapple that will be permitted a 70-30 alcohol-to-food ratio. 

2) An "incidental" license -- allowing the proprietor to offer (but not sell) wine and beer -- for Milton & Mane, an interior design, décor and gift shop planned for Birmingham Crossroads.

The Council also approved two changes to the form-based code in the Crabapple and Deerfield areas related to alcohol. Specifically, it gives the City's Community Development Director oversight to determine to allow (or not) breweries and distilleries in defined areas.

After a Council member voiced concerns this could become "open-ended" with "no restrictions," City Manager Steve Krokoff stated "this should be a regular topic of conversations when we come before ... Council." Jarrard further added that the Council "always has the final word."

The City Council's work session originally scheduled for June 14 has been scheduled. That means it will next convene again on June 21.

This press release was produced by the City of Milton. The views expressed here are the author’s own.