HomeMy WebLinkAboutRESOLUTION NO 15 01 324STATE OF GEORGIA
COUNTY OF FULTON ESOLUTION NO. 15-01-324
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
ENACTING A MORATORIUM FOR 180 DAYS TO BAR
THE ACCEPTANCE OF ANY REZONING APPLICATIONS FOR PROPERTY
LOCATED IN THE 2014 HIGHWAY 9 VISION AREA
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, on June 2, 2014 the City approved a State Route 9 North Vision Plan ("Vision
Plan") that reflects the City's intent and 'vision' with respect to planning and zoning for
development and use of property in the Hwy 9 area as defined in the Vision Plan ("Covered
Property"); and
WHEREAS, the City is of the opinion and belief that at the present time the Milton zoning code
is not equipped with the tools necessary to ensure the Council's 'vision' for the areas within the
Vision Plan and Covered Property to be realized; and
WHEREAS, the City intends to consider amendments to the zoning ordinance with respect to
the adoption of development standards and requirements for Covered Property; and
WHEREAS, on June 9, 2014 the Milton City Council adopted an emergency moratorium
barring for 30 days the acceptance of any rezoning applications for Covered Property 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.e.G.A. § 36-66-1, et seq.
("ZPL"); and
WHEREAS, on July 7, 2014, after publication of legal notice in compliance with Georgia's
ZPL, the City conducted a public hearing on a moratorium barring for 180 the acceptance of any
rezoning applications for Covered Property while the City considers the adoption of an
amendment to the City's zoning ordinance adopting development standards and requirements for
Covered Property; and
WHEREAS, on January 21, 2015, after publication oflegal notice in compliance with Georgia's
ZPL, the City conducted a public hearing on a moratorium barring for 180 the acceptance of any
rezoning applications for Covered Property while the City considers the adoption of an
amendment to the City's zoning ordinance adopting development standards and requirements for
Covered Property; and
WHEREAS, the City finds a moratorium barring for 180 days the acceptance of any rezoning
applications for Covered Property 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:
1. The City does hereby enact a moratorium to bar the acceptance of any rezoning
applications for the Covered Property pursuant to the City's zoning ordinance.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(1) 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 to the City's zoning ordinance adopting development standards
and requirements for the Covered Property.
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 21st day of January,
2015.
Joe Lockwood, Mayor
Attest:
Sudie AM Gordon, City Clerk
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