HomeMy WebLinkAboutRES 17-09-442 - 09/13/2017 - Moratorium on Applications in T-6 ZoneSTATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 17-09-442
A RESOLUTION OF THE CITY OF MILTON, GEORGIA ENACTING AN
EMERGENCY MORATORIUM TO BAR UNTIL OCTOBER 17, 2017, THE
ACCEPTANCE OF APPLICATIONS FOR CONCEPT PLAN APPROVAL AND
APPLICATIONS FOR ISSUANCE OF LAND DISTURBANCE PERMITS FOR
RESIDENTIAL DEVELOPMENT OF PROPERTY IN THE T-6 TRANSECT
ZONE WITHIN THE DEERFIELD FORM BASED CODE DISTRICT
WHEREAS, the Section 1.12(b)(26) of the Charter of the City of Milton, Georgia ("City")
empowers the City to regulate development within the City limits through zoning; and
WHEREAS, Chapter 64 of the current Code of the City of Milton, Georgia ("zoning ordinance")
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; and
WHEREAS, the City Council has asked the Community Development department to consider
changes to the development standards and requirements for the Deerfield Form Based Code
District ("Deerfield District"); and
WHEREAS, the City Council intends to consider amendments to the zoning ordinance with
respect to possible changes to the standards and requirements for the Deerfield District; 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 of time without the necessity of
complying with the notice requirements of the Georgia Zoning Procedures Law ("ZPL"); and
WHEREAS, the City finds a moratorium barring until October 17, 2017, the acceptance of
applications for concept plan approval and applications for issuance of land disturbance permits
for residential development of property located in the T-6 Transect Zone within the Deerfield
District, 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 IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MILTON, GEORGIA that:
The City does hereby enact a moratorium to bar until October 17, 2017, the
acceptance of applications for concept plan approval and applications for issuance
of land disturbance permits for residential development of property located in the
T-6 Transect Zone within the Deerfield District, in order to consider a longer
moratorium after a public hearing and to consider amendment of the zoning
ordinance with respect to standards and requirements for the Deerfield District.
2. The moratorium imposed by this Resolution shall terminate on the earliest date of
(1) October 17, 2017; (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
with respect to the standards and requirements for the Deerfield District.
3. The moratorium imposed herein does not limit the ability to submit applications for
concept plan approval or for issuance of land disturbance permits for property
located outside of the T-6 Transect Zone in the Deerfield District or to property
located outside of the Deerfield District, or to development other than residential
development.
4. The moratorium imposed herein does not limit the ability of any property owner to
develop their land in accordance with previously submitted applications or
approvals.
This Resolution shall be effective upon a majority vote by the City Council as ratified by the Mayor
of the City of Milton, Georgia.
SO RESOLVED, the public's health, safety, and welfare demanding it, this 13"' day of September,
2017.
Attest:
Sudie Gordon, City erk
Joe Lockwood, ayor