HomeMy WebLinkAboutResolutions 21-11-570 - 11/15/2021J
STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. - Il -5% D
RESOLUTION OF THE CITY OF MILTON RENEWING AND/OR EXTENDING AN
EXISTING MORATORIUM ON THE ACCEPTANCE OF ALCOHOL APPLICATIONS,
BUILDING PERMIT APPLICATIONS, AND LAND DISTURBANCE PERMIT (LDP)
APPLICATIONS FOR FARM WINERIES
WHEREAS, the City of Milton, Georgia ("City") is a duly formed political subdivision of
the State of Georgia, with all the powers attendant thereto;
WHEREAS, the City desires to modify its land use code regarding farm wineries as a "by
right" use; and
WHEREAS, the City previously found that instituting and imposing a moratorium on the
acceptance of alcohol applications, building permit applications, and LDP applications for Farm
Wineries within the City would preserve and maintain the status quo, while allowing the City
sufficient time to draft amendments to its land use code regarding farm wineries without such uses
otherwise becoming vested while the land use code amendment process occurs; and,
WHEREAS, on June 21, 2021, the City adopted a one -hundred twenty (120) day
moratorium (ending October 19, 2021) barring the acceptance of alcohol applications, building
permit applications, and LDP applications for Farm Wineries within the City of Milton
("Moratorium"); and
WHEREAS, the City is still in the process of drafting and considering amendments to its
land use code regarding farm wineries; and
WHEREAS, the City placed the extension of the Moratorium on the City Council's
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October 18, 2021 meeting agenda; and
' WHEREAS, the City Council approved a Resolution on October 18, 2021, extending the
Moratorium until December 17, 2021; and
WHEREAS, a question exists as to whether the contemplated public hearing on October
18, 2021 was fully compliant with Georgia's Zoning Procedures Law, O.C.G.A. § 36-66-1, et seq.
("ZPL"); and
WHEREAS, the City desires to ensure that the moratorium that is in place with respect to
the subject matter of the original Moratorium is fully compliant with the ZPL; and
WHEREAS, the City conducted a Zoning Procedures Law -compliant public hearing on
November 15, 2021 with respect to the possible extension of the Moratorium; and
WHEREAS, the City finds that renewing and/or extending the Moratorium described
above, until January 19, 2022, to be reasonably necessary, the least restrictive means available, a
' reasonable exercise of the County's police power, and in the best interests of the public health,
safety, and welfare;
NOW, THEREFORE, BE IT RESOLVED,
1. The City of Milton hereby renews and/or extends until January 19, 2022, the
existing Moratorium barring the acceptance of alcohol applications, building permit
applications, and LDP applications for Farm Wineries within the City of Milton;
and
2. The Moratorium, as renewed and extended by this Resolution, shall terminate on
the earliest date of (1) January 19, 2022; (2) approval by the City of Milton of a
new or extended moratorium after a public hearing; (3) the adoption of an
amendment to the land use code regarding Farm Wineries, as contemplated herein;
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or (4) action by the City of Milton otherwise terminating the moratorium.
' SO RESOLVED, the public health, safety and welfare demanding it, this 15`" day of
November, 2021
Approved:
Joe Lockwood or
Attest: