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HomeMy WebLinkAboutResolutions R24-12-723 - 12/02/2024 - Extending Moratorium through Feb. 23, 2025 for Use Permits, Rezonings-Zonings in Deerfield-Hwy 9 AreaSTATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. R24-12-723 A RESOLUTION OF THE CITY OF MILTON, GEORGIA EXTENDING THROUGH FEBRUARY 3, 2025 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 WITillN 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 l.12(b)(27) of the City 's Charter empowers the City to regulate development within the City limits through zo nin 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 various districts and regulates the use and development of property ba sed 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 ("form-based 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 de s ires 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 de sires 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 , 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 will be exempt and /or will avoid the new rules ; 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 properties within the Deerfield district that are subject to the form-based code 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, 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 properl y noticed and advertised public hearing on June 3 , 2024 to consider extending the existing moratorium; and WHEREAS , on June 3 , 2024 , the City Council extended the ex isting moratorium through December 2 , 2024; and WHEREAS , the Community Development Department is continuing the process of formulating recommendations for the City Council 's consideration regarding the Deerfield district, including potentially amending the UDC , with s uch changes pos sibly altering the policies, standards , guidelines , and requirements for development within the Deerfield district; and WHEREAS , the City Council finds that extending the existing moratorium , following a public hearing, through and including February 3 , 2025 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 extend a moratorium barring through midnight on February 3 , 2025 , 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 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 4. The moratorium imposed by this Resolution shall terminate on the earliest of (1) midnight on February 3, 2025 ; (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 2nd day of December 2024. Approved: