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HomeMy WebLinkAboutRESOLUTION NO 14 02 291STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 14-02-291 A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING A MORATORIUM FOR 180 DAYS TO BAR THE ACCEPTACE OF APPLICATIONS FOR REZONINGS TO THE CUP, NUP, TR, R-2 AND R-2A ZONING 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, the 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 has recently seen an increase in applications seeking to rezone property to certain districts that may allow appropriate uses but may have less restrictive regulation than the City now believes to be appropriate; and WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to the performance standards in the CUP, NUP, TR, R-2 and R-2A zoning classifications; and WHEREAS, on January 6, 2014 the Milton City Council adopted a moratorium barring for 30 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications until such time as a longer moratorium could be considered by the City Council after a public hearing meeting the standards of Georgia's Zoning Procedures Law, O.CG.A. § 36-66-1, et seq. ("ZPL"); and WHEREAS, on February 3, 2014, after publication of legal notice in compliance with the Georgia's ZPL, the City conducted a public hearing on a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City'S zoning ordinance; WHEREAS, the City finds that a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City's zoning ordinance will allow the City to improve the performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications; and WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 Page 1 of2 and R-2A zoning classifications pursuant to the City's zoning ordinance to be narrowly tailored and the least restrictive means available to address the City's needs both in terms of the 180-day time period and in terms of the limitations as to limitations on the CUP, NUP, TR, R-2 and R-2A zoning classifications; WHEREAS, the City finds a moratorium barring for 180 days the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications while the City considers amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City's zoning ordinance to be in the best interests of public health, safety, and welfare. NOW, THEREFORE IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA that: I. The City does hereby enact a moratorium to bar the acceptance of applications to rezone property to the CUP, NUP, TR, R-2 and R-2A zoning classifications for 180 days in order to allow the City to consider amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City'S zoning ordinance. 2. The moratorium imposed by this Resolution shall terminate on the earliest date of (l) 180 days from the date of adoption of this Resolution; (2) approval by the City Council of an additional moratorium after a public hearing; or (3) the adoption of an amendment of the current performance standards for the existing CUP, NUP, TR, R-2 and R-2A zoning classifications pursuant to the City'S zoning ordinance. 3. The moratorium imposed herein does not limit the ability of property owners to develop their land as currently zoned or permitted. 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 3rd day of February, 2014. CITY OF MILTON, GEORGIA Attest: Sudie AM Gordon, City Clerk Page 2 of2