Milton planning commission unanimously recommends denial of 20-unit preliminary plat at 2655 Acre Road

The Milton Planning Commission on June 4 unanimously recommended that the director of community development deny a preliminary plat submitted by Epic Design and Build LLC to subdivide 3.79–3.87 acres at 2655 Acre Road for 20 townhomes.

The recommendation followed a staff report that identified a survey error affecting the project’s density and an opinion from the city attorney’s office that the plan would require a warrant for front-entry garages, which would make the application subject to a moratorium the mayor and council continued on Feb. 3, 2025. Zoning manager Robin McDonald told commissioners staff found both the acreage discrepancy and the attorney opinion and presented that as the basis of the staff report.

Why it matters: The project sits in the city’s Deerfield form-based (T4 permissive) district and will be reviewed against the Milton Unified Development Code (UDC). Neighbors and several speakers at the public hearing told commissioners the proposal is inconsistent with the Deerfield vision for lower-density, Miltonesque development along State Route 9 and raised traffic, sewer, tree protection and neighborhood character concerns.

Key facts and proposals

- Applicant: Epic Design and Build LLC; represented at the hearing by land-use attorney Ethan Underwood of Underwood Scoggins. - Site: identified in the application as 3.87 acres (platted) and in other survey documents as 3.792 acres; the acreage discrepancy was flagged by a resident and discussed in the hearing. - Proposal: preliminary plat for 20 townhome units; applicant said it would remove four units on the northeast corner (reducing the build to 16 units) and limit access to State Route 9; the applicant also offered a voluntary minimum finished home size of 2,300 square feet. - Staff findings: staff reported an error on the survey affecting density calculations and advised that an opinion from the city attorney’s office indicated a warrant would be required for front-entry garages. - Moratorium: staff cited a moratorium continued Feb. 3, 2025, under which only by-right developments without special approvals were permitted to proceed; the staff presentation said the application, as submitted, would need special approval and therefore was not eligible for processing under the moratorium.

Public comment and major concerns

A string of nearby residents and neighborhood leaders urged denial. Patrick Dodson, an attorney representing residents Scott and Jules Hornsby, urged commissioners to reject the plat and to have the director deny the application, arguing the submission was noncompliant on its face because of the density and other missing elements. Dodson told the commission, "the planning commission has 1 thing and 1 thing only to do tonight is to recommend denial of the plat and of the application."

Other speakers raised similar issues: traffic and pedestrian safety on State Route 9 and 5 Acre Road; lack of documented Fulton County approvals for sewer and water connections; the absence of a tree canopy protection plan demonstrating the required 30% tree canopy for the Deerfield (T4) area; and incompatibility of the proposed unit sizes and density with surrounding single-family lots. Isaiah Yancey, a local homeowners association leader, said the parcel’s future is uncertain while SR 9 widening plans and the Deerfield vision remain incomplete and asked why the city would consider a development now.

Applicant response

Attorney Ethan Underwood said the application met the UDC as filed and emphasized that at the time of filing, townhomes were permitted as of right in the T4 permissive zone. He said the applicant was willing to accept conditions the commission might recommend, including restricting access to State Route 9, removing the four disputed northeastern lots so all remaining units would be rear-loaded, correcting the typographical acreage labeling, and adopting a 2,300-square-foot minimum finished size. Underwood said, "it is undisputed that at the time this application was filed, townhomes are ... allowed as of right in the T4 permissive, transit zone." He also said the applicant could submit an updated preliminary plat and that engineering items would be addressed during the land-disturbance and permitting processes.

Commission action and next steps

Commissioner Curt Nolte moved — and Commissioner Fred Edwards seconded — a motion that the planning commission recommend denial of the preliminary plat to the director of community development. The motion passed unanimously by the commissioners present. The recommendation is advisory; the director of community development will make the formal administrative decision on the application. Commissioners and staff noted the applicant may submit a new or corrected application that addresses the cited deficiencies and complies with the UDC and any updates adopted by city council on May 19, 2025.

The commission’s record and the public comments identify several items that would need resolution before the city could accept a new application or forward it for final approval: corrected and consistent acreage/density calculations on the plat, clarity on whether warrants are required and whether they can be granted in light of the stated moratorium, documented Fulton County approvals for sewer and water locations, and a tree canopy plan showing compliance with the Deerfield/T4 requirements.

What remains unresolved

Staff and several residents told the commission that the Fulton County approvals for sewer and water hookups were not in the materials provided to neighbors and were not evident in the records reviewed by at least one public speaker. The tree canopy plan showing protections for specific trees was also not present in the public records provided to neighbors. The moratorium and the city attorney opinion about warrants were determinative in the commission’s recommendation; the director’s review will need to resolve whether the application, as filed, is eligible for processing or must be rejected outright. The applicant said it could refile with corrections.

Ending

The planning commission’s recommendation to deny will be forwarded to the director of community development for a formal determination. The applicant may submit a corrected preliminary plat or a new application addressing the items flagged by staff and public commenters; any resubmission would be subject to current UDC standards and any council-adopted updates.