HomeMy WebLinkAboutRESOLUTION NO 15 04 334L
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 15-04-334
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
ENACTING A MORATORIUM FOR 90 DAYS TO BAR
THE ACCEPTANCE OF APPLICATIONS FOR LAND DISTURBANCE PERMITS FOR
RESIDENTIAL DEVELOPMENT ON PROPERTY IN THE R-1, R-2, R-2A, R-3, R-3A,
R-4, R-4A, T-2 AND AG-1 ZONING DISTRICTS
WHEREAS, the Section 1.12(b )(26) of the Charter of the City of Milton, Georgia ("City")
empowers the City to regulate development within the City limits through zoning; and
WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia ("zoning
ordinance") divides property within the City into various districts, and regulates the use and
development of property based on the district to which the property is designated; and
WHEREAS, Section 20-284 of the current Code of the City of Milton, Georgia states:
any owner or developer proposing a land development activity shall submit to the
city community development department a permit application on a form provided
by the city for that purpose or as part of the land disturbance or building
permitting process; and
WHEREAS, the City values the preservation of conservation area, open space, and rural,
agricultural land use; and
WHEREAS, the City intends to consider amendments to Chapter 50 of the City of Milton Code
to add or adopt a new conservation subdivision ordinance that will more concisely capture the
vision of the City of Milton with respect to the preservation of conservation area, open space,
and rural, agricultural land use; and
WHEREAS, this new conservation subdivision ordinance will have application with respect to
residential development on properties located in the following existing zoning designations: R-1 ,
R-2, R-2A, R-3 , R-3A, R-4, R-4A, T-2 and AG-1 ; and
WHEREAS, while the new conservation subdivision ordinance is being formulated, it is
reasonable and appropriate that applications for conceptual plan approval and land disturbance
permits for 1.0 acre or more of disturbance for residential development on properties located in
the R-1, R-2, R-2A, R-3 , R3A, R-4, R-4A, T-2, and AG-1 zoning districts be temporarily
discontinued; and
WHEREAS, on March 16, 2015, the Milton City Council adopted an emergency moratorium
barring for 30 days the acceptance of applications for land disturbance permits for property in the
R-1 , R-2, R-2A, R-3, R-3A, R-4A, T-2 and AG-1 zoning districts until such time as a longer
moratorium could be considered by the City Council after a public hearing meeting the standards
of Georgia's Zoning Procedures Law, O.C.G.A. § 36-66-1 , et seq. ("ZPL"); and
WHEREAS, on April 13, 2015, after publication of legal notice in compliance with Georgia's
ZPL, the City conducted a public hearing on a moratorium barring for 90 days the acceptance of
applications for conceptual plan approval and land disturbance permits for 1.0 acre or more of
disturbance for residential development on property in the R-1 , R-2, R-2A, R-3 , R3A, R-4 , R-
4A, T -2, and AG-1 zoning districts while the City considers the adoption of an amendment to the
City's subdivision ordinance to add a new conservation subdivision ordinance that will more
concisely capture the vision of the City of Milton with respect to the preservation of conservation
area, open space, and rural, agricultural land use;
WHEREAS, the City finds a moratorium barring for 90 days the acceptance of applications for
conceptual plan approval and land disturbance permits for 1.0 acre or more of disturbance for
residential development on property in the R-1 , R-2 , R-2A, R-3 , R-3A, R-4, R-4A, T-2, and AG-
1 zoning districts to be reasonably necessary, the least restrictive means available, a reasonable
exercise of the City's police power, and in the best interests of the public health, safety, and
welfare; and
WHEREAS, the City finds that a brief lapse of the temporary moratorium, followed by the
renewal of the 90 day moratorium, is in the best interest of the citizens of the City of Milton.
Consequently, it is the intention of the Council that the moratorium authorized by the Council on
March 16,2015 will expire on April15, 2015. The present 90 day moratorium will commence at
5 p.m. on April 20, 2015.
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
1. Commencing at 5 p.m. on April 20 , 2015, the City does hereby impose a
moratorium barring for 90 days the acceptance of applications for conceptual plan
approval and land disturbance permits for 1.0 acre or more of disturbance for
residential development on property in the R-1 , R-2, R-2A, R-3 , R-3A, R-4, R-
4A, T -2 and AG-1 zoning districts in order to consider amendment of the
subdivision ordinance to add a conservation subdivision ordinance.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
( 1) 90 days from the date of adoption of this Resolution; (2) approval by the City
Council of an additional moratorium after a public hearing; (3) the adoption of an
amendment of the subdivision ordinance to add a conservation subdivision
ordinance.
3. The City Council reserves the right to remove or modify the elements of this
moratorium by official action at any duly advertised Council meeting.
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4. The moratorium imposed herein does not limit the ability of property owners to
continue developing their R-1 , R-2 , R-2A, R-3 , R-3A, R-4, R-4A, T-2 and AG-1
land where a land disturbance permit has already been issued, remains active and
in effect, and does not lapse prior to completion of any improvements authorized
by the land disturbance permit. The moratorium also shall not prevent the
application for or issuance of land disturbance permits for any non-residential
development on any property.
This Resolution shall be effective upon a majority vote by the City Council as ratified by the
Mayor of the City of Milton, Georgia.
SO RESOLVED, the public's health, safety, and welfare demanding it, this 13th day of April,
2015.
Attest:
Sudie AM Gordon, City Clerk
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