HomeMy WebLinkAboutResolutions R22-12-637 - 12/19/2022 - Moratorium - Mayfield District1
STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 1c ZZ- Z- COS I
RESOLUTION OF THE CITY OF MILTON EXTENDING AN EXISTING
MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT
PERMISSIONS, PLATS, PLANS, AND PERMITS WITHIN A TWENTY-TWO (22)
PARCEL AREA KNOWN AS THE DISTRICT AT MAYFIELD IN ORDER TO ALLOW
THE CITY OF MILTON TO CONSIDER THE PREPARATION, CONSIDERATION,
AND ADOPTION OF A DEVELOPMENT AND DESIGN OVERLAY
WHEREAS, the City of Milton, Georgia ("City") is a duly formed political subdivision of
the State of Georgia, with all the powers attendant thereto; and
WHEREAS, the City desires to consider the preparation, consideration, and adoption of a
Development and Design Overlay or amendment to the Crabapple Form Based Code (Article XIX of
Chapter 64 Zoning) to regulate the exterior features, facades, and design elements of new structures and/or
modification to existing structures located on or within an area of the City known as the District at Mayfield,
composed of the twenty-two (22) tax parcels identified in Exhibit "A"; and
WHEREAS, the staff has begun or will soon begin the process of preparing modification
to the City's Zoning Ordinance to adopt a new Development and Design Overlay District for the
District at Mayfield; and
WHEREAS, on June 20, 2022, the City adopted an emergency moratorium barring until
July 18, 2022 the acceptance of applications for (1) concept plans, (2) preliminary plats, (3) infill
regulating plans, (4) use permits, (5) building permits (excluding interior building or trade permits),
(6) demolition permits, (7) grading permits and (8) land disturbance permits, with respect to property
located within a jurisdictional area comprised of the twenty-three (23) tax parcels (being those parcels
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shown in Exhibit "A" along with parcel 22 41611340528) (the "Emergency Moratorium"); and
WHEREAS, on July 25, 2022 the City conducted a properly advertised public hearing on
' the possible adoption of a new moratorium on the acceptance of applications for (1) concept plans,
(2) preliminary plats, (3) infill regulating plans, (4) use permits, (5) building permits (excluding
interior building or trade permits), (6) demolition permits, (7) grading permits and (8) land
disturbance permits, with respect to property located within a jurisdictional area comprised of the
twenty-three (23) tax parcels included in the Emergency Moratorium; and
WHEREAS, on July 25, 2022, the City adopted a new moratorium on the acceptance of
applications for (1) concept plans, (2) preliminary plats, (3) infill regulating plans, (4) use permits,
(5) building permits (excluding interior building or trade permits), (6) demolition permits, (7)
grading permits and (8) land disturbance permits, with respect to property located within a
jurisdictional area comprised of twenty-two parcels as shown in Exhibit "A" (being the twenty-
three (23) tax parcels included in the Emergency Moratorium, less parcel 22 41611340528) (the
"New Moratorium"); and
WHEREAS, on December 19, 2022 the City conducted a properly advertised public
hearing on the possible extension of the New Moratorium; and
WHEREAS, the City finds that extending the New Moratorium until June 20, 2023, will
preserve and maintain the status quo, in order to provide time for the City to consider the preparation,
consideration, and adoption of a Development and Design Overlay or amendment to the Crabapple Form
Based Code (Article XIX of Chapter 64 Zoning) to regulate the exterior features, facades, and design
elements of new structures and/or modification to existing structures located on or within the District at
Mayfield; and
WHEREAS, the City finds that extending the New Moratorium until June 20, 2023, is the
' least restrictive means available, is a reasonable and necessary use of the City's police power, and
is in the best interest of the public health, safety and welfare; and
WHEREAS, the New Moratorium shall not be construed as to prohibit consideration
' and/or approval of complete applications for (1) concept plans, (2) preliminary plats, (3) infill
regulating plans, (4) use permits, (5) building permits (excluding interior building or trade
permits), (6) demolition permits, (7) grading permits or (8) land disturbance permits, submitted
prior to the adoption of the existing moratorium or where rights to consideration have vested, nor
to applications with respect to property outside of the District at Mayfield;
NOW THEREFORE, BE IT RESOLVED,
1. The City of Milton extends the New Moratorium barring acceptance of (1) concept
plans, (2) preliminary plats, (3) infill regulating plans, (4) use permits, (5) building permits
(excluding interior building or trade permits), (6) demolition permits, (7) grading permits
or (8) land disturbance permits, with respect to property located within a jurisdictional area
comprised of the twenty-two (22) tax parcels identified in Exhibit "A" though and
including June 20, 2023.
2. If not renewed or extended by the City Council following a public hearing, the New
Moratorium shall terminate upon the earliest date of. (1) June 20, 2023; (2) the
adoption of an amendment to the Zoning Ordinance to adopt a new Development
and Design Overlay or amendment to the Crabapple Form Based Code (Article XIX
of Chapter 64 Zoning) to regulate the exterior features, facades, and design
elements of new structures and/or modification to existing structures located on or
within the District at Mayfield, or (3) action by the City Council otherwise
terminating the New Moratorium.
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3. The adoption of the New Moratorium shall not prevent the City from processing
complete applications already submitted to the City prior to the adoption of the New
Moratorium, where rights to consideration of applications have vested, or for
applications with respect to property outside of the District at Mayfield.
4. The Community Development Director is hereby provided discretion to issue
exterior building permits so long as the following are met: (1) the permit shall not
result in exterior improvements of greater than 900 sq. ft. in the aggregate, and (2)
that in the discretion of the Director the proposed improvement is not inconsistent
with the overall objectives of the proposed Overlay.
SO RESOLVED, the public health, safety and welfare demanding it, this 19`h day of
December, 2022.
Approved:
n Jamison, Mayor
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