WHEREAS, for purposes of this ordinance, Metropolitan Parkway between Langford Parkway
and Interstate 85 is known as the Metropolitan Parkway Commercial Corridor-South (hereafter
WHEREAS, pursuant to Ordinance 13-0-1216, the City Council previously adopted the Lakewood Livable Centers Initiative (hereafter "Lakewood LCI") planning document into the Comprehensive Development Plan (CDP) as a policy guide for the future development within the Corridor; and
WHEREAS, the Lakewood LCI recommends the rezoning of parcels with the Corridor to the Mixed Residential Commercial (MRC) consistent with the vision and recommendations set forth
WHEREAS, rezoning legislation will shortly be introduced to carry out the vision and recommendations set forth in the Lakewood LCI; and
WHEREAS, it is expected that the CDP amendment and rezoning process will take approximately one-hundred fifty (150) days before the legislation can be considered by the City Council for a final vote.
WHEREAS, it is the intent of the City Council to impose this moratorium for only that length of
time that is necessary for all stakeholders to review the proposed CDP amendment and rezoning
and follow the requisite procedures under City Code and state law; and
WHEREAS, new construction inconsistent with the Lakewood LCI would undermine the important planning principles, vision and recommendations set forth therein in furtherance of the
public health, safety and general welfare; and
WHEREAS, moratoria is a well-recognized and court-sanctioned land use tool in furtherance of
local planning and zoning powers by preserving the status quo while the governing authority formulates a more permanent development strategy. Tahoe-Sierra Preservation Council, Inc. v.
Tahoe Regional Planning Agency, 535 U.S. 302 (2002); City of Roswell v. Outdoor Systems,
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA,
HEREBY ORDAINS AS FOLLOWS:
Section 1. A moratorium is imposed on the acceptance of any building permit application for any new construction within the Metropolitan Parkway Commercial Corridor- South, as more fully described on Exhibit "A", attached hereto. The Director of the Office of Buildings shall accept no building permit application for new construction on any parcel within the area set forth on Exhibit "A".
Section 2. For purposes of this ordinance, new construction shall be defined as any construction
which would result in one or more new buildings, increased lot coverage, and/or modification of
the existing building footprint. Additions to existing buildings shall constitute new construction.
Section 3. The moratorium imposed by this ordinance will expire one hundred and fifty (150) days from the date that this ordinance becomes effective. Notwithstanding the foregoing, if there is a final vote of the City Council on the rezoning of the area described in Exhibit "A" before the expiration of the one hundred and fifty (150) days, the moratorium will expire on the date when the rezoning ordinance becomes effective or on the date when the City Council votes to deny the rezoning ordinance.
Section 4. This ordinance shall become effective immediately upon signing by the Mayor or as otherwise provided by the operation of law.