HomeMy WebLinkAboutRESOLUTION NO 16 11 400STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 16-11-400
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 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, and
extended the existing moratorium until December 6, 2016; and
WHEREAS, the Board conducted a second public hearing on November 21 , 2016, to consider
the possible further 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 March 7, 2017, 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:
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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
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) March 7, 2017; (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 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 21 st day of November,
2016.
JoeLockwo~
Attest:
Sudie Gordon, City Clerk
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