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Home My WebLink AboutORDINANCE NO 13 07 178 HD13-011 STATE OF GEORGIA ORDINANCE NO. 13-07-178 COUNTY OF FULTON HD13-01 AN ORDINANCE TO DESIGNATE HOPEWELL HOUSE PROPERTY AS A HISTORIC PROPERTY; TO PRESCRIBE THE BOUNDARIES OF SUCH HISTORIC PROPERTY; TO REQUIRE A CERTIFICATE OF APPROPRIATENESS FROM THE CITY OF MILTON HISTORIC PRESERVATION COMMISSION PRIOR TO ANY MATERIAL CHANGE IN THE EXTERIOR APPEARANCE OF THE HISTORIC PROPERTY AS SHOWN ON THE OFFICIAL ZONING MAP OF THE CITY; REPEALING CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on the 1 st day of July, 2013 as follows: WHEREAS, the Council of the City of Milton, Georgia ("City Council") has established the Milton Historic Preservation Commission ("Commission") in and for the City by its Historic Preservation Ordinance Number 12-04-133 ("HPC Ordinance") on April 23, 2012; and WHEREAS, pursuant to its purposes under the HPC Ordinance establishing the Commission, the Commission has recommended to the Council the establishment of a historic property in the City; and WHEREAS, the Commission's recommendation to the City Council of the historic property comes after an application for designation; and WHEREAS, the Commission and the City Community Development Department Staff have prepared a report setting forth the physical description of the proposed historic property; a statement of significance; a statement of justification for the proposed property; a map showing the property boundaries and classification of individual structures therein; and Page 1 of 6 WHEREAS, the City Council upon consideration of the report of the Community Development Staff and recommendation of the Commission finds that the proposed historic property is a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage; and WHEREAS, the hereinafter described land should be designated as a local historic property within the City of Milton, Georgia. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Milton, Georgia, as follows: SECTION 1 PURPOSE In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people; and in order to maintain historic structures and to protect and enhance local historical and aesthetic attractions to residents and tourists and thereby promote and stimulate business; and in order to enhance the opportunities for federal or state tax benefits under relevant provisions of federal or state law; and in order to provide for designation, protection, preservation, and rehabilitation of historic properties and to participate in federal or state programs to do the same; and in accordance with the HPC Ordinance to establish a Historic Preservation Commission in the city, to provide for issuance of a Certificate of Appropriateness, to provide for an appeals procedure, to repeal conflicting ordinances, and for other purposes; Page 2 of 6 L The City Council hereby declares it to be the purpose and intent of this ordinance to designate a historic property in a geographically definable area containing buildings, structures, sites, objects, landscape features or works of art or a combination thereof which are an outstanding example of a structure representative of an era, or one of the few remaining examples of a past architectural style, or a site or structure associated with an event or person of historic or cultural significance, or a site of natural or aesthetic value that is continuing to contribute to the historical or cultural development and heritage of the City of Milton, Georgia. SECTION 2 DESIGNATION OF PROPERTY AND BOUNDARY DESCRIPTION From and after the passage of this Ordinance the following described land as shown on the attached map is and shall be designated locally as historic for the City of Milton, Georgia and be included within the H -Historic district pursuant to the Zoning Ordinance. Page 3 of 6 Physical Boundary Description LEGAL DESCRIPTION - 2.50 ACRES ALL THAT TRACT OR PARCEL OF LAND lying said being in Land Lot 403 of the 2nd Distrix, 2nd Section, of Flaltoa County. Georgia and being more porticdarty desm'bad as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at a pairs at a point located at the nonheriy most intersection of the northeaskdy right-otway Birmingham Road (60' WW) ortd the nor$rnesitAy right -0f - way margin of Hopewvell Road (5W Rfn Thence continuing along Wd mcthcaatcrty right -0f --way margin of Bimghwn Road, proceed North 42'¢417" West a d5staooe of 169.14 fad to a pont (Iron Pin Found); Thence leaving said righlwf-way rrlargin of Birmingham Road. (bilowimg the southerly property line of lands now w formes y owned by Bruce W. Smithcfmam proceed North 3WW091 East a &Manor of 39352 Ieet w a point (baa Pit FouW); Thence proud South 772229" East a distance of 93.47 fest to a point (Iron Pia Fond). Thence proceed North 78°53'40^ East a distmloe of 217.01 foot to a pole (boo Pis FowvfX Thence proceed Sash 21'49'11" East a distance of 100.03 feet to a point (Iron Pin Fouad), said pout being on the notthwa ta)y tight-of-woy morrsin of said Hopewa Road (30' WW); Thence following aid northwesterly rightof-way margin of Hopewell Road, procad South 6335'20" West a dWance of M A7 feet too point; T cncc pt0000d South 61'16'10" Wast a dlttanoe of 71.36 foot to a point; Thence proceed South 36"53'46` Watt a distance o(33-54 fed to a point (Iran Pin Found); *hence pr0000d aloof an arc to the left a disetosae of 239.66 feet, said we having a radius of 331.112 fent and being subt mded by a clot rd heating South 46 56'49" West a distance of 283.36 fast to a point; Thence proceed Soulb 37'21'02" West a distance of 160.62 feet to a point, said point being talc POINT OF BEGINNING. Talletbar wstb and subject to all eo%wwM casements. and , cM, etxxrs of record. Trad descrA d barain containing 2.50 act= of land (103,983 Square feet), more or leas, described on a sunvy by Finat6ne Surveying dt Mapping, Inc., job asurrI ,t 43M dated M04,2011. last revised 05/17Rt101, also being known ani 15690 Hopewdl Road according to the can ent system of numbering in Fulton County, Georgia. w1voctr wflpl411feMfm • tAn omnlrnss SRIM911 1':zm vw Page 4 of 6 W. SECTION 3 HISTORIC PROPERTY AND OWNERSHIP THEREOF The owner of the property located at 15690 Hopewell Road, which is to be locally designated as historic, is shown on the current tax records to be The City of Milton, Georgia. SECTION 4 HISTORIC PROPERTY BOUNDARIES ON THE OFFICIAL ZONING MAP Upon designation, the Historic Property shall be shown on the official zoning maps of the City of Milton, Georgia and kept as a public record to provide notice of such designation. SECTION 5 CERTIFICATE OF APPROPRIATENESS SECTION 6 REPEAL OF CONFLICTING PROVISIONS All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 7 SEVERABILITY If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless is clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. Page 5 of 6 Upon the effective date of this Ordinance no material change in the exterior appearance of any structure, site, object or work of art upon the designated Historic Property shall be made or be permitted to be made by the owner or occupant thereof, unless or until the application Appropriateness has been submitted to and approved for a by the Certificate of City of Milton Historic Preservation Commission. SECTION 6 REPEAL OF CONFLICTING PROVISIONS All Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 7 SEVERABILITY If any portion of this Ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portions unless is clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional. Page 5 of 6 SECTION 8 EFFECTIVE DATE The effective date of this Ordinance shall be upon approval by the Council of the City of Milton, Georgia. SO ORDAINED this 1 st day of July, 2013. Approved: Joe Lockwood, Mayor Attest: 10? id -ilk Sudie AM Gordon, City Cyerk Page 6 of 6