HomeMy WebLinkAboutResolutions R24-06-703 - 06/03/2024 - Extending Six (6) Months Existing Moratorium on Applications for Use Permits, Rezoning, etc for Deerfield-Highway 9 AreaSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. R24-06-703
A RESOLUTION OF THE CITY OF MILTON, GEORGIA
EXTENDING FOR SIX (6) MONTHS AN EXISTING MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR USE PERMITS, REZONINGS, ZONING
CONDITION 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 subdivis ion of
the State of Georgia, with al I the powers attendant thereto; and
WHEREAS, Section l.12(b)(27) of the City 's Charter empowers the City to regulate
development within the City limits through zon in g ; and
WHEREAS, the City's current Unified Development Code ("UDC"), formerly Chapter
64 of the Code of Ordinances ("Code"), divides property within the City into var ious districts and
regulates the use and development of property based on the district to which the property is
de signated (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 Counci l desires that the Community Development Department
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 City Council imposed the existing moratorium at its May 6, 2024
regularly scheduled meeting and has since provided public notice of a possible extension of that
Moratorium so the Community Development Department may have time to consider, formulate ,
and present recommendations for the City Council 's consideration regarding the Deerfield district;
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 only have application to new zonings. Properties
already zoned or with pending rezoning applications may be exempt; and
WHEREAS , on May 6, 2024 , the City Council enacted an emergency moratorium
specifically barring through 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 properti es within the Deerfield district that are
subject to the form-based code ; and
WHEREAS , the City Council deemed the emergency moratorium 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.
WHEREAS , the City Council conducted a properly noticed and advertised public hearing
on June 3, 2024 to consider extending the existing moratorium; and
WHEREAS , the City Council find s that extending the existing moratorium for six (6)
months from the date of this Resolution to be rea so nabl y 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 doe s hereby enact/extend a moratorium barring through
December 2 , 2024 , the acceptance of applications for use permits , rezonmgs ,
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 s ubject to the form-based code;
3. The purpose of this moratorium is to allow the City sufficient 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 of
property within the Deerfield district; and
2024.
4. The moratorium imposed by this Resolution shall terminate on the earliest of (1)
midnight on December 2 , 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; or (4) City Council action
terminating the moratorium .
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 3rd day of June,
Approved:
Carol Cookerly , Mayor Pro Te
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