Milton has prevailed in a legal challenge to its decision to deny a request by Kai Chiang Su Dynasty Trust to rezone 47 acres along Hopewell Road, a decision that prevented a sewer extension and 50% increase in building density. The owners had hoped to build 73 single-family homes at a density of 1.55 units per acre.
Existing zoning allowed for at most 47 single-family homes (or 1 per acre), although fewer homes were likely given a lake and stream buffers, as well as roads and related infrastructure needed for the subdivision.
Milton’s Comprehensive Land Use Map designated the property “Agricultural, Equestrian and Estate Residential” with no more than one home per acre. As a result, the request was denied Nov. 19, 2018.
The applicant responded by suing the city. Fulton County Superior Court dismissed most of the Kai Chiang Su Dynasty Trust’s claims and let the rezoning stand in a Nov. 2019 ruling. The Trust immediately appealed, only to be denied twice (first in late 2019, then again in late 2020) by the state Supreme Court.
Mayor Joe Lockwood said this case underscores the importance of Milton’s Comprehensive Plan and related long-term, land-use policies “that protect what makes Milton unique and defend us against the urban sprawl occurring in the region.”
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