HomeMy WebLinkAboutRES 18-05-472 - 05/07/2018 - MORATORIUM-GAS STATIONSSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 18-05-472
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING
UNTIL SEPTEMBER 25, 2018, AN EXISTING MORATORIUM TO BAR 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, 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, on April 8, 2018, City Council adopted an emergency, temporary moratorium
barring 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 within the C-1 (Community Business) zoning district within the Rural Milton,
State Route 9, and Birmingham Crossroads Overlay Districts (the "Gasoline Station and Service
Station Moratorium"; and
WHEREAS, the City Council conducted a properly noticed public hearing on May 7, 2018, to
consider the possible extension of the Gasoline Station and Service Station Moratorium; and
WHEREAS, the City finds extending until September 25, 2018 the Gasoline Station and Service
Station 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:
STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 18-05-472
1. The City does hereby extend until September 25, 2018, the existing moratorium
barring 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 amendment of the zoning ordinance with
respect to standards and requirements related to gasoline stations and service
stations 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) September 25, 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
(Community Business) Zoning District within the Rural Milton, State Route 9,
Birmingham Crossroads Overlay Districts or C-1 (Community Business) Zoning
District.
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 7h day of May, 2018.
Attest:
&,0 A
Sudie Gordon, City C rk
Joe Lockwood. ".wr,