HomeMy WebLinkAboutRES Resolution No. 18-04-471 - 04/09/2018 - Emerg Moratorium Bar until 5.8.18 Apps ConceptSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 18-04-471
A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN
EMERGENCY MORATORIUM TO BAR UNTIL MAY 8, 2018, THE
ACCEPTANCE OF APPLICATIONS FOR CONCEPT PLAN APPROVAL,
PRIMARY VARIANCES AND APPLICATIONS FOR ISSUANCE OF LAND
DISTURBANCE PERMITS FOR GASOLINE STATIONS AND SERVICE
STATIONS IN THE C-1 (COMMUNITY BUSINESS) ZONING DISTRICT
WITHIN THE RURAL MILTON, STATE ROUTE 9 AND BIRMINGHAM
CROSSROADS OVERLAY 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, the City Council has asked the Community Development department to consider
changes to the development standards and requirements for the Rural Milton Overlay District,
State Route 9 and Birmingham Crossroads Overlay District; and
WHEREAS, the City Council intends to consider amendments to the zoning ordinance with
respect to possible changes to the standards and requirements for the Rural Milton, State Route 9
and Birmingham Crossroads Overlay Districts; and
WHEREAS, the Georgia Supreme Court has held that a moratorium with respect to application
of a zoning ordinance may be put in place for a reasonable period of time without the necessity of
complying with the notice requirements of the Georgia Zoning Procedures Law ("ZPL"); and
WHEREAS, the City finds a moratorium barring until May 8, 2018, the acceptance of applications
for concept plan approval, applications for issuance of land disturbance permits and applications
for primary variances for gasoline stations and services stations in property located in the C-1
(Community Business) zoning district within the Rural Milton, State Route 9 and Birmingham
Crossroads Overlay 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;
NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
11
1. The City does hereby enact a moratorium to bar until May 8, 2018, the acceptance
of applications for concept plan approval, applications for issuance of land
disturbance permits, and applications for primary variances for gasoline stations
and service stations located in the C-1 (Community Business) zoning district within
the Rural Milton, State Route 9 and Birmingham Crossroads Overlay Districts, in
order to consider a longer moratorium after a public hearing and to consider
amendment of the zoning ordinance with respect to standards and requirements for
the Rural Milton, State Route 9 and Birmingham Crossroads Overlay Districts.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(1) May 8, 2018; (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 standards and requirements for the C-1 Zoning District within the
Rural Milton, State Route 9, Birmingham Crossroads Overlay Districts.
3. The moratorium imposed herein does not limit the ability to submit applications for
concept plan approval or for issuance of land disturbance permits or applications
for primary variances for property located outside of the C-1 (Community
Business) zoning district in the Rural Milton, State Route 9 and Birmingham
Crossroads Overlay Districts or to property located outside of the Rural Milton,
State Route 9 and Birmingham Crossroads Overlay Districts, or to development
other than gasoline stations and service stations.
4. The moratorium imposed herein does not limit the ability of any property owner to
develop their land in accordance with previously submitted 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 9t` day of April, 2018.
Attest:
J? -n /z �
Sudie Gordon, City lerk
I I
Joe Lockwood, Mayor