HomeMy WebLinkAboutRESOLUTION NO 14 11 316STATE OF GEORGIA RESOLUTION NO. 14-11-316
COUNTY OF FULTON
A RESOLUTION AUTHORIZING THE OFFERING FOR SALE OF TRANSFERABLE
DEVELOPMENT RIGHTS IN CERTAIN CITY-OWNED PROPERTY; AUTHORIZING
THE IMPOSITION OF A CONSERVATION EASEMENT AND/OR PUBLIC ACCESS
EASEMENT ON SAID CITY PROPERTY; AND FOR OTHER PURPOSES.
WHEREAS, the City of Milton has established, by ordinance, a Transfer of
Development Rights ("TDR") Program in the areas contained within the Crabapple Regulating
Plan and Deerfield/Highway 9 Regulating Plan (City Code of Ordinances Ch. 64, Art. XIX and
XX); and
WHEREAS, City Code of Ordinances Ch. 64, Art. XX, Sec. 1.7.5 authorizes the City to
sever and sell development rights from certain City-owned property; and
WHEREAS, the City of Milton is the owner of certain real property located at 15260
Bell Park Drive (3.039 ac), 0 Bell Park Drive (1.0 ac), 15315 Thompson Road (3.06 ac), 15165
Hopewell Road (3.0 ac), and 15155 Hopewell Road (3.819 ac), or other Milton Park property,
(collectively the "Bell Memorial Park Property"); and
WHEREAS, the City Council finds that the Bell Memorial Park Property meets the
standards of City Code of Ordinances Ch. 64, Art. XX, Sec. 1.7.5 for the severance, sale and
transfer of development rights; and
WHEREAS, the City Council further finds that the sale of development rights in the Bell
Memorial Park Property will promote the public health, safety, and welfare and will otherwise be
in the public interest by, among other things:
1. Providing permanent protection against commercial development on, and ensuring
permanent public access to, the Bell Memorial Park Property; and
2. Providing a catalyst to full implementation of the City's TDR Program by initiating
the first market transaction for sale, purchase, and use of transferable development
rights within the City;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MILTON, GEORGIA, AS FOLLOWS:
SECTION 1: The execution and recordation of a conservation easement and/or public access
easement upon the Bell Memorial Park Property, in accordance with Ch. 64, Art. XX, Sec. 1.7.4
of the City Code of Ordinances, is hereby authorized.
SECTION 2: The City Manager and/or his designee is hereby authorized to commence the
administrative procedures for sale of the Bell Memorial Park Property's transferable
development rights in accordance with City Code of Ordinances § 2-390 and O.C.G.A. § 36-37
6.
SECTION 3: Upon completion of the procedures outlined in Section 2 of this Resolution, final
documentation transferring the Bell Memorial Park Property's transferable development rights
shall be submitted to the Council for approval and ratification.
SECTION 4: All resolutions and parts of resolutions in conflict herewith are hereby repealed.
SECTION 5: This Resolution shall become effective upon its adoption by the City Council and
execution by the Mayor in accordance with the City Charter.
BE IT SO RESOLVED, this 3rd day of November, 2014, by the Council of the City of
Milton, Georgia.
Approved:
Attest:
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