HomeMy WebLinkAboutRESOLUTION NO. 17-07-437STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 17-07-437
A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING
UNTIL NOVEMBER 21, 2017, AN EXISTING MORATORIUM TO BAR 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, 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, on June 21, 2017, City Council adopted an emergency, temporary 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 (the "Crabapple LDP Moratorium"); and
WHEREAS, the City Council conducted a properly noticed public hearing on July 24, 2017, to
consider the possible extension of the Crabapple LDP Moratorium; and
WHEREAS, the City finds extending the Crabapple LDP Moratorium, barring until November
21, 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 extend until November 21, 2017, the existing Crabapple LDP
Moratorium barring 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 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) November 21, 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 so long as the application was then -proper when filed.
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 24th day of July,
2017.
Attest:
Sudie Gordon, City Clerk
Joe,Vockwog ,' Mayor