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HomeMy WebLinkAboutAgenda Packet CC - 08/20/2015 - Special Called City Council Agenda Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Thursday, August 20, 2015 Special Called Meeting Agenda Immediately Following Work Session CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 15-230) 4) PUBLIC COMMENT 5) PUBLIC HEARING 1. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing 60 Day Moratorium (expires September 4, 2015) Barring Acceptance of Applications for Land Disturbance Permits for Residential Development on Property in the R-1, R-2, T-2 and AG-1 Zoning Districts. (Agenda Item No. 15-231) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL SPECIAL CALLED COUNCIL MEETING AUGUST 20 , 2015 Page 2 of 2 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) NEW BUSINESS 1. Consideration of a Resolution of the City of Milton, Georgia Regarding Possible Extension to Existing 60 Day Moratorium (expires September 4, 2015) Barring Acceptance of Applications for Land Disturbance Permits for Residential Development on Property in the R-1, R-2, T-2 and AG-1 Zoning Districts. (Agenda Item No. 15-231) (Public Hearing Held at August 20, 2015 Special Called Regular City Council Meeting) (Ken Jarrard, City Attorney) 7) ADJOURNMENT (Agenda Item No. 15-232) HOME OF' AlipL 1. uN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 17, 2015 FROM: City Manager AGENDA ITEM: Consideration of A Resolution of the City of Milton, Georgia Extending a Moratorium for an Additional 60 Days to Bar the Acceptance of Applications for Land Disturbance Permits for Residential Development on Property in the R-1, R-2, T-2 and AG -1 Zoning Districts. MEETING DATE: Thursday, August 20, 2015 Special Called City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED CITY ATTORNEY APPROVAL REQUIRED: DYES CITY ATTORNEY REVIEW REQUIRED APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR: REMARKS AYES Y APPROVED 0Szo1 "ST () NOTAPPROVED () NO relffej () NOT APPROVED 144 © Yau(n - - PHONE: 678.242.2500 j FAX: 678.242.2499-59 Gii�een � Community * Cerrified ; `op loo- info@cityofmiftonga.us J www.cifyofmiEtonga.us �� i �,hL'�, 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 ' 'w' '8`` 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING A MORATORIUM FOR AN ADDITIONAL 60 DAYS TO BAR THE ACCEPTANCE OF APPLICATIONS FOR LAND DISTURBANCE PERMITS FOR RESIDENTIAL DEVELOPMENT ON PROPERTY IN THE R-1, R-2, T-2 AND AG-1 ZONING DISTRICTS 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 20-284 of the current Code of the City of Milton, Georgia states: any owner or developer proposing a land development activity shall submit to the city community development department a permit application on a form provided by the city for that purpose or as part of the land disturbance or building permitting process; and WHEREAS, the City values the preservation of conservation area, open space, and rural, agricultural land use; and WHEREAS, the City intends to and has been considering amendments to Chapter 50 of the City of Milton Code to add or adopt a new conservation subdivision ordinance that will more concisely capture the vision of the City of Milton with respect to the preservation of conservation area, open space, and rural, agricultural land use; and WHEREAS, this new conservation subdivision ordinance may have application with respect to residential development on properties located in the following existing zoning designations: R-1, R-2, T-2 and AG-1; and WHEREAS, while the new conservation subdivision ordinance has been and continues to be formulated, it is reasonable and appropriate that applications for conceptual plan approval and land disturbance permits for 10 acres or more of disturbance for residential development on properties located in the R-1, R-2, T-2, and AG-1 zoning districts be temporarily discontinued; and 2 WHEREAS, on March 16, 2015, the Milton City Council adopted an emergency moratorium barring for 30 days the acceptance of applications for land disturbance permits for property in the R-1, R-2, R-2A, R-3, R-3A, R-4A, T-2 and AG-1 zoning districts until such time as a longer moratorium could be considered by the City Council after a public hearing meeting the standards of Georgia’s Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq. (“ZPL”); and WHEREAS, on April 13, 2015, following a public hearing, the City adopted a moratorium barring for 90 days the acceptance of applications for conceptual plan approval and land disturbance permits for 1.0 acre or more of disturbance for residential development on property in the R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, T-2, and AG-1 zoning districts (the “current moratorium”); and WHEREAS, on July 6, 2015, following a public hearing, the City adopted a moratorium barring for 60 days the acceptance of applications for conceptual plan approval and land disturbance permits for 10 acres or more of disturbance for residential development on property in the R-1, R-2, T-2, and AG-1 zoning districts; and WHEREAS, on August 20, 2015, after publication of legal notice in compliance with Georgia’s ZPL, the City conducted a public hearing/special called meeting on the extension for 60 days of the current moratorium barring the acceptance of applications for conceptual plan approval and land disturbance permits for 10 acres or more of disturbance for residential development on property in the R-1, R-2, T-2, and AG-1 zoning districts while the City further considers the adoption of an amendment to the City’s subdivision ordinance to add a new conservation subdivision ordinance that will more concisely capture the vision of the City of Milton with respect to the preservation of conservation area, open space, and rural, agricultural land use; WHEREAS, the City finds that a 60-day extension of the current moratorium barring the acceptance of applications for conceptual plan approval and land disturbance permits for 10 acres or more of disturbance for residential development on property in the R-1, R-2, T-2, and AG-1 zoning districts 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; and NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: 1. The City does hereby extend for an additional 60 days (until November 3, 2015) the current moratorium barring the acceptance of applications for conceptual plan approval and land disturbance permits for 10 acres or more of disturbance for residential development on property in the R-1, R-2, T-2 and AG-1 zoning districts in order to consider amendment of the subdivision ordinance to add a conservation subdivision ordinance. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (1) November 3, 2015; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment of the subdivision ordinance to add a conservation subdivision ordinance. 3 3. The City Council reserves the right to remove or modify the elements of this moratorium by official action at any duly advertised Council meeting; 4. The moratorium imposed herein does not limit the ability of property owners to continue developing their R-1, R-2, T-2 and AG-1 land where a land disturbance permit has already been issued, remains active and in effect, and does not lapse prior to completion of any improvements authorized by the land disturbance permit. The moratorium also shall not prevent the application for or issuance of land disturbance permits for any non-residential development on any property. 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 20th day of August, 2015. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk