HomeMy WebLinkAboutRESOLUTION NO 16 10 388STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 16-10-388
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING
UNTIL FEBRUARY 7, 2017, AN EXISTING MORATORIUM BARRING
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 MILTON, GEORGIA FOR PROPERTY
ADJACENT TO AN UNPAVED OR GRAVEL ROAD TO INCLUDE
THOSE GRAVEL ROADS WITH A PAVED EXTENSION
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, 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 of land 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;
and
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; and
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; and
WHEREAS, these changes may 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; and
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; and
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;
and
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, on September 7, 2016, pursuant to Resolution No. 16-09-382 the City Council
imposed a 30 -day moratorium barring 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; and
WHEREAS, the City finds extension until February 7, 2017, of the existing moratorium barring
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, 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:
1. The statements and representations set forth in the above preamble are hereby
adopted by the City Council as if set forth verbatim.
2. The City does hereby extend until February 7, 2017, the existing moratorium
barring 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 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) February 7, 2017; (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.
4. 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.
5. 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 3rd day of October,
2016.
Attest:
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Sudie Gordon, City Clerk
1
Joe Lockw2",a�—yyor