HomeMy WebLinkAboutRESOLUTION NO 17 06 433STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. 17-06-433
A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN
EMERGENCY MORATORIUM TO BAR UNTIL JULY 25, 2017, THE
ACCEPTANCE OF APPLICATIONS FOR CONCEPT PLAN APPROVAL AND
APPLICATIONS FOR ISSUANCE OF LAND DISTURBANCE PERMITS FOR
PROPERTY LOCATED WITHIN THE CRABAPPLE FORM BASED CODE
DISTRICT THAT IS ADJACENT TO THE BOUNDARIES OF THE
CRABAPPLE FORM BASED CODE DISTRICT
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 Crabapple Form Based Code
District ("Crabapple 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 Crabapple District; 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 July 25, 2017, the acceptance of
applications for concept plan approval and applications for issuance of land disturbance permits
for property located within the Crabapple District that is adjacent to the boundaries of the
Crabapple District, 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 until July 25, 2017, the acceptance
of applications for concept plan approval and applications for issuance of land
disturbance permits for property located within the Crabapple District that is
adjacent to the boundaries of the Crabapple District, 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 Crabapple District.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(1) July 25, 2017; (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 Crabapple 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 for property
located outside of the Crabapple District or to property located within the Crabapple
District that is not adjacent to the boundary of the Crabapple District.
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 21 st day of June, 2017.
Attest:
5-;w 4 oz
Sudie Gordon, City Cler
2
Joe Lockwood, r