Loading...
HomeMy WebLinkAboutRESOLUTION NO 16 09 382STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 16-09-382 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN EMERGENCY MORATORIUM TO BAR FOR 30 DAYS THE ACCEPTANCE OF APPLICATIONS FOR ZONINGS AND DEVELOPMENT PERMIT APPROVALS, INCLUDING APPROVAL OF FINAL PLATS, PURSUANT TO CHAPTER 64 OR CHAPTER 50 OF THE CODE OF THE CITY OF MIL TON, GEORGIA FOR PROPERTY ADJACENT TO AN UNPAVED OR GRAVEL ROAD AND ALSO FOR THOSE AG-1 PROPERTIES HAVING FRONTAGE ALONG A GRA VEL ROAD WITH A PAVED EXTENSION WHEREAS, the Section l.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, Chapter 50 of the current Code of the City of Milton, Georgia ("subdivision ordinance") provides for various permits and approvals for development of subdivisions in the City; and WHEREAS, Section 64-416 of the zoning ordinance limits the size of lots in the AG-1 zoning district based on the type of road to which the property is adjacent, as follows: "( e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road;" and WHEREAS, Section, 50-71, of the subdivision ordinance, provides as follows: For the division ofland in the AG-1 (Agricultural) zoning district adjacent to or has access to unpaved roads, the following rules shall apply: a. Each proposed lot shall contain a minimum area of three acres. b. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. c. Each proposed lot shall provide at least 200 feet of lot width at the building line. WHEREAS, the City Council is concerned that these two sections of the code pertaining to AG- 1 lots along paved or gravel roads may be in need of greater clarity to reflect the public policy objectives of the City of Milton; WHEREAS, the City Council is further concerned that there may exist in the City of Milton AG- 1 zoned properties adjacent to roads that are primarily gravel, but with a small amount of paved extension, that may therefore derive the unintended allowance of 1-acre minimum lot size development -when a 3-acre minimum lot size was intended; WHEREAS, the City Council believes that the zoning ordinance and subdivision ordinance may need to be modified to clarify what constitutes a "paved" road for purposes of subdivision; WHEREAS, to that end, the City Council has directed the Community Development department to consider changes to the zoning ordinance and the subdivision ordinance to ensure that the division of land in AG-1 with frontage along unpaved/gravel roads is undertaken consistent with the policy objectives of the City Council; WHEREAS, these changes may also involve clarifying that if an AG-1 lot has double frontage (i.e., frontage along both a paved road and gravel road), that the subdivision rules involving frontage along a gravel road will control; WHEREAS, there may be additional changes, to include a more precise definition of 'paved road,' a more precise definition of' gravel road,' and changes involving subdivision where the frontage is along a road that is neither paved nor graveled; WHEREAS, due to recent events in Milton, the Council hereby finds that there is time urgency associated with these possible code changes and that a moratorium is the most legally appropriate way to ensure citizens and property owners are not confused by those local ordinances implicating development of property in the AG-1 zoning district with frontage along gravel/unpaved roads; WHEREAS, the City Council intends to consider amendments to the zoning ordinance and the subdivision ordinance in due course and as promptly as possible; 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 zoning applications and applications for development permits and approvals, to include acceptance of final plats, pursuant to Chapter 64 or Chapter 50 of the Code of the City of Milton, Georgia for property with frontage adjacent to an unpaved road or gravel road and also for those AG-1 properties having frontage along a gravel road with a paved extension, 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; 2 NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA THAT: 1. 2. 3. 4. 5. The statements and representations set forth in the above preamble are hereby adopted by the City Council as if set forth verbatim; The City does hereby enact a moratorium to bar for 30 days the acceptance of applications for zoning and development permits and approvals, to include acceptance of final plats, pursuant to Chapter 64 or Chapter 50 of the Code of the City of Milton, Georgia, for properties in the AG-1 zoning district having frontage along a gravel or unpaved road and also for those AG-1 properties having frontage along a gravel road with a paved extension in order to consider a longer moratorium after a public hearing and to consider amendment of the zoning ordinance and/or the subdivision ordinance as set forth in the preamble. 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; (3) any vote by a majority of a quorum of the Council terminating all or a portion of the moratorium, or (4) the adoption of an amendment of the zoning ordinance and/or the subdivision ordinance pertaining to the division of land in the AG-1 zoning district having frontage along a gravel or unpaved road or subdivision of land in the AG-1 zoning district having frontage along a gravel road with a paved extension. The moratorium imposed herein does not limit the ability to submit applications for development plans or approvals for property other than property in the AG-1 zoning district having frontage adjacent to an unpaved/gravel road or AG-1 properties having frontage along a gravel road with a paved extension. 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 or to develop their property if the right to so develop has lawfully vested. 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 7th day of September, 2016. Joe Lockwood,~ Attest: Sudie Gordon, City C)erk 3