HomeMy WebLinkAboutRESOLUTION NO 16 09 383STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 16-09-383
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING
UNTIL DECEMBER 6, 2016, AN EXISTING MORATORIUM BARRING 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 1.12(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 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 , 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; and
WHEREAS, the Board conducted a properly noticed public hearing on September 12, 2016, to
consider the possible extension of the existing temporary moratorium on 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; and
WHEREAS, the City finds extending until December 6, 2016, the existing moratorium barring
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 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:
1.
2.
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4.
The City does hereby extend until December 6, 2016, the existing moratorium
barring 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 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) December 6, 2016; (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 accepted 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 121h day of
September, 2016.
Joe Lockwood, M~
Attest:
~6Nl
Sudie AM Gordon:c2y Clerk