HomeMy WebLinkAboutResolutions R24-05-701 - 05/06/2024 - Emergency Moratorium on Applications for Use Permits, Zoning Etc. for Deerfied-Highway 9 AreaSTATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. R24-05-701
A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN
EMERGENCY MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR USE
PERMITS, REZONINGS, ZONING CONDITIONS AMENDMENTS, OR ANY SORT OF
APPROVAL CONSIDERED A ZONING DECISION BY THE ZONING PROCEDURES
LAW FOR PROPERTY WITHIN THE DEERFIELD/HIGHWAY 9 AREA
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 , Section 1.12(b)(27) of the City 's Charter empowers the City to regulate
development within the City limits through zoning ; and
WHEREAS , the City 's current Unified Development Code ("UDC "), formerly Chapter
64 of the Code of Ordinances ("Code") of the City , 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 (both referred to as the "Zoning Ordinance"); and
WHEREAS , Article 7B of the UDC , and formerly Article XX of Chapter 64 of the Code ,
sets policies , standards , guidelines , and requirements for the development of the
Deerfield/Highway 9 area ("Deerfield district"), the boundaries of which are depicted on the map
attached as Exhibit A; and
WHEREAS , the City Council desires that the Community Development Department to
consider and formulate proposed changes to policies , standards , guidelines , and requirements for
the development of property in the Deerfield district ; and
WHEREAS , the City Council desires that the Community Development Department
return such proposed changes to the City Council for possible approval and implementation; and
WHEREAS , the City Council intends to consider amendments to the Zoning Ordinance
with respect to the policies , standards, guidelines , and requirements for the development of
property in the Deerfield district -as proposed by the Department of Community Development;
and
WHEREAS , the City Council desires to delay further rezonings and/or land use changes
in that portion of the Deerfield district subject to the form-based code until it receives and considers
the recommendations from the Community Development Department; 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 without the necessity
of complying with the notice requirements of the Georgia Zoning Procedures Law ("ZPL"); and
WHEREAS , a moratorium is a necessary land use tool enabling local governments to
temporarily discontinue new land use applications in order to update land use ordinances, rules ,
and regulations; and
WHEREAS , if a moratorium is not in place , often there will be a rush of land use /zoning
applications for the parcels affected by the new rules -as owners and developers seek to avoid the
new rules while those rules are being prepared and implemented; and
WHEREAS, this can lead to the will of the legislative body being undermined as many
times the new ordinance , rules , and regulations will have no effect on parcels already rezoned;
WHEREAS , the City Council finds a moratorium barring until June 3 , 2024 , the
acceptance of applications for use permits , rezonings , zoning condition amendments, or any other
sort of approval designated as a zoning decision under the Zoning Procedures Law related to
properties within the Deerfield district that are subject to the form-based code 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, BE IT RESOLVED,
1. The statements set forth in the preamble are incorporated herein by reference and
constitute a material part of this Resolution ; and
2. The City of Milton does hereby enact a moratorium barring until June 3, 2024, the
acceptance of applications for use permits, rezonings, zoning condition
amendments, or any other sort of approval designated as a zoning decision under
the Zoning Procedures Law for properties within the Deerfield district that are
subject to the form-based code;
3. The purpose of this moratorium is to allow the City adequate time to consider
amendments to the Zoning Ordinance (following public hearings) that may alter or
change the policies, standards, guidelines , and requirements for the development
within the Deerfield district; and
4. The moratorium imposed by this Resolution shall terminate on the earliest of (I)
midnight on June 3, 2024; (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 relating to the Deerfield district; and
5. The moratorium imposed herein does not limit the ability of any property owner or
developer to continue to develop land and receive permits in accordance with (i)
existing zoning approvals, (ii) already issued/active permits or (iii) applications for
permits that are under review by Milton staff where such applications were properly
tendered to the City of Milton prior to enactment of this moratorium.
6. This Resolution shall be effective upon a majority vote of the City Council.
SO RESOLVED , the public health , safety and welfare demanding it , this 6th day of May,
2024.
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AMENDED DEERFIELD/HIGHWAY 9 FORM-BASED CODE
April 27 , 2015
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