FORSYTH COUNTY -- A moratorium on one rezoning category currently in place will no longer apply to some developments.
Forsyth County commissioners voted 5-0 at a work session on Tuesday to remove certain developments from a 30-day moratorium originally placed on single family residential Res-3 properties on Aug. 8.
The ban was lifted for properties zoned on or after July 18, 2013 seeking land disturbance permits and any developments that have fully paid for sewer reservation agreements with the county.
The moratorium will still be in effect for other properties that were zoned in the specified time period and have yet been developed.
It was approved to prevent more developments falling under a disparity to be built while the county works to remove the section of the unified development code that allowed them.
According to the code, lots zoned between Nov. 1, 2007 and July 18, 2013 must be a minimum of 14,500 square feet — the minimum is 10,000 square feet for those zoned between July 18, 2013 and Oct. 2, 2014, and those zoned before Nov. 1, 2007 have a minimum of 9,000 square feet.
Res-3 zonings now have a minimum lot size of 14,750 square feet.
Jarrard said the main issue the county has with the properties are those with 9,000-square-foot minimum. Since the 10,000-square-foot minimum zonings came later, those developers are more likely to be in the middle of the process.
“The key is to make sure the board’s objective is still realized, which is to set in place a construct where in those old … 9,000-square-feet zonings, that they’ll still have to conform to our 1,475 [square-foot minimum lot size],” he said. “The only reason that is being put on the table is because of the recency of which we changed.”
For the sewer reservation, Jarrard said those who fully paid were vested in the property.
“My typical analysis is that if you have a zoning that anticipated a certain number of lots and if we’re holding your money for sewer reservation on that same number of lots, I typically take the position that you have changed position in such a way that are vested to build out at that density,” Jarrard said.
Also as part of the decision, any new reservations for sewer on Res-3 property will be handled on a case-by-case basis by the county’s water and sewer department.
The county commission will hold a public hearing on the moratorium at their Sept. 1 regular meeting.