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HomeMy WebLinkAboutAgenda Packet CC - 09/12/2016 - Special Called Agenda Packet - 9-12-2016 Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, September 12, 2016 Special Called Meeting 5:45 PM 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. 16-202) 4) PUBLIC COMMENT 5) PUBLIC HEARING 1. Consideration of 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 Subdivisions 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. (Agenda Item No. 16-203) (Ken Jarrard, City Attorney) MILTON CITY COUNCIL SPECIAL CALLED COUNCIL MEETING SEPTEMBER 12 , 2016 Page 2 of 2 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 6) UNFINISHED BUSINESS 1. Consideration of 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 Subdivisions 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. (Agenda Item No. 16-203) (Public Hearing held at September 12, 2016 Special Called Meeting) (Ken Jarrard, City Attorney) 7) ADJOURNMENT (Agenda Item No. 16-204) 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 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 2 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. 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. 2. 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. 3. 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. 4. 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 12th day of September, 2016. _____________________________ Joe Lockwood, Mayor Attest: ______________________________ (SEAL) Sudie AM Gordon, City Clerk