HomeMy WebLinkAboutRESOLUTION NO 16 08 381STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 16-08-381
A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN
EMERGENCY MORATORIUM FOR 30 DAYS TO BAR THE ACCEPTANCE
OF APPLICATIONS FOR CONCEPTUAL PLAN APPROVAL FOR
SUBDIVSIONS LOCATED ON PROPERTY ADJACENT TO GA HIGHWAY 9
BETWEEN THE FORSYTH COUNTY LINE AND THE CITY LIMITS OF THE
CITY OF ALPHARETTA, EXCLUDING PROPERTY LOCATED IN THE
FIVE ACRE ROAD ZONE
WHEREAS, the Section 1. 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 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 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;
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; and
WHEREAS, the Georgia Supreme Court has held that a moratorium with respect to application
of a zoning ordinance may be put in place for a reasonable period of time without the necessity of
complying with the notice requirements of the Georgia Zoning Procedures Law ("ZPL"); and
WHEREAS, the City finds a 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, 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.
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 enact a moratorium to bar 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, in order to consider a
longer moratorium after a public hearing and to consider amendment of the zoning
ordinance with respect to the development pattern along Hwy 9.
The moratorium imposed by this Resolution shall terminate on the earliest date of
( 1) 30 days from the date of adoption of this Resolution; (2) approval by the City
Council of an additional moratorium after a public hearing; or (3) the adoption of
an amendment to the zoning ordinance with respect to the development pattern
along Hwy 9.
The moratorium imposed herein does not limit the ability to submit applications for
conceptual plan approval of subdivisions pursuant to Section 50-91 for property
located in the Five Acre Road Zone district.
The moratorium imposed herein does not limit the ability of any property owner to
develop their land in accordance with previously submitted applications or
approvals.
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 15th day of August,
2016.
Attest:
Sud~Clerk
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