HomeMy WebLinkAboutRESOLUTION NO 16 11 399STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 16-11-399
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING
UNTIL MARCH 7, 2017, AN EXISTING MORATORIUM BARRING THE
ACCEPTANCE OF APPLICATIONS FOR CONCEPTUAL PLAN APPROVAL
FOR SUBDIVSIONS LOCATED WITHIN THE FIVE
ACRE ROAD ZONE
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 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 properties 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, on September 19, 2016, the City Council adopted an emergency, temporary
moratorium barring for 30 days 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; and
WHEREAS, the Board conducted a properly noticed public hearing on October 17, 2016, and
extended the existing moratorium on applications for conceptual plans for subdivisions on property
within the Five Acre Road Zone, until December 6, 2016; and
WHEREAS, the Board conducted a properly noticed public hearing on November 21, 2016, to
consider the possible extension of the existing temporary moratorium on 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; 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 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, 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 extend until March 7, 2017, the existing 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 earliest date of
(1) March 7, 2017; (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 RESOLVED, the public's health, safety, and welfare demanding it, this 21st day of November,
2016.
JoeLocka;
Attest:
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