HomeMy WebLinkAboutRESOLUTION NO 15 07 342STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 15-07-342
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
EXTENDING A MORATORIUM FOR AN ADDITIONAL 60 DAYS TO BAR
THE ACCEPTANCE OF APPLICATIONS FOR LAND DISTURBANCE PERMITS FOR
RESIDENTIAL DEVELOPMENT ON PROPERTY IN THE R-1, R-2, 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 ofthe current Code ofthe 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 and has been considering 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 may have application with respect to
residential development on properties located in the following existing zoning designations: R-1,
R-2, T-2 and AG-1; and
WHEREAS, while the new conservation subdivision ordinance has been and continues to be
formulated, it is reasonable and appropriate that applications for conceptual plan approval and
land disturbance permits for 1 0 acres or more of disturbance for residential development on
properties located in the R-1, R-2, T -2 , and AG-1 zoning districts be temporarily discontinued;
and
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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, following a public hearing, the City adopted 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 (the "current
moratorium"); and
WHEREAS, on July 6, 2015, after publication of legal notice in compliance with Georgia's
ZPL, the City conducted a public hearing on the extension for 60 days of the current moratorium
barring the acceptance of applications for conceptual plan approval and land disturbance permits
for 10 acres or more of disturbance for residential development on property in the R-1 , R-2, T-2,
and AG-1 zoning districts while the City further 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 that a 60-day extension of the current moratorium barring the
acceptance of applications for conceptual plan approval and land disturbance permits for 1 0
acres or more of disturbance for residential development on property in the R-1 , R-2, 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
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
1. The City does hereby extend for an additional 60 days (until September 4, 2015)
the current moratorium barring the acceptance of applications for conceptual plan
approval and land disturbance permits for 10 acres or more of disturbance for
residential development on property in the R-1 , R-2, 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) September 4, 2015; (2) approval by the City Council of an additional
moratorium after a public hearing; or (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, 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 61h day of July,
2015.
Joe Lockwood, Mayor
Attest:
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