HomeMy WebLinkAboutRESLOUTION NO 16 09 385STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 16-09-385
A RESOLUTION OF THE CITY OF MILTON, GEORGIA IMPOSING A 30
DAY EMERGENCY MORATORIUM ON THE ACCEPTANCE OF
APPLICATIONS FOR CONCEPTUAL PLAN APPROVAL FOR
SUBDIVSIONS LOCATED WITHIN THE FIVE
ACRE ROAD ZONE
WHEREAS, the Section l. l 2(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 in 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 50-91 of the current Code of the City of Milton, Georgia ("subdivision
ordinance") requires the submission of a conceptual plan as part of the process of developing
subdivisions in the City; and
WHEREAS, the City Council has asked the Community Development department to consider
changes to the overall development pattern along Georgia Highway 9 ("Hwy 9") through the City,
to include the Five Acre Road Zone; and
WHEREAS, the City Council intends to consider amendments to the zoning ordinance with
respect to possible changes to the overall development pattern along Hwy 9, from a residential to
non-residential nature, to include prope~ies within the Five Acre Road Zone; and
WHEREAS, on August 15, 2016, the City Council adopted an emergency, temporary moratorium
barring for 30 days the acceptance of applications for conceptual plans for subdivisions on property
adjacent to Hwy 9 between the Forsyth County line and the city limits of the City of Alpharetta,
excluding property located in the Five Acre Road Zone. Following a duly noticed public hearing
on September 12, 2016, that 30-day moratorium was extended to December 6, 2016; and
WHEREAS, the City Council now desires to include within that existing moratorium those
properties adjacent within the Five Acre Road Zone; and
WHEREAS, the City finds imposing an emergency 30-day moratorium on the acceptance of
applications for conceptual plan approval for subdivisions located on property within the Five Acre
Road Zone, to run in tandem with the previously imposed moratorium for all other properties
adjacent to Highway 9 between the Forsyth County line and the city limits of the City of
Alpharetta, to be appropriate, 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.
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA THAT:
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The City does hereby impose an emergency 30-day moratorium barring the
acceptance of applications for conceptual plans for subdivisions on property within
the Five Acre Road Zone, as a supplement to the previously imposed moratorium
on the acceptance of conceptual plans for subdivisions on property adjacent to Hwy
9 between the Forsyth County line and the city limits of the City of Alpharetta.
The moratorium imposed by this Resolution shall terminate on the earlier of: (1) 30
days from the date of imposition; (2) approval by the City Council of an additional
moratorium after a public hearing; (3) any affirmative action of the Council
terminating the moratorium or (4) the adoption of an amendment to the zoning
ordinance with respect to the development pattern for properties within the Five
Acre Road Zone.
The moratorium imposed herein does not prevent a property owner from
developing land in accordance with land development approvals previously issued
by the City of Milton or to have previously tendered land development applications
considered by the City of Milton in the ordinary course.
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 RES OLVED, the public's health, safety, and welfare demanding it, this 19th day of
September, 2016.
Joe Lock~
Attest:
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