HomeMy WebLinkAbout10-03-2011-PacketPage 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, October 3, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Community Minister Tass Welch, Community Christ Church, Milton, GA
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 11- 208)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the September 7, 2011 Regular Council Minutes.
(Agenda Item No. 11- 209)
(Sudie Gordon, City Clerk)
2. Approval of the September 12, Work Session Minutes.
(Agenda Item No. 11- 210)
(Sudie Gordon, City Clerk)
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 3, 2011
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
3. Approval of a Parks and Recreation Event License Agreement Between the City of
Milton and Teen Advocacy Group (T.A.G.) & Nita Harvey and Len Hyman to Offer
Teen and Pre-Teen Classes at Bell Memorial Park.
(Agenda Item No. 11- 211)
(John Rebar, Parks & Recreation Director)
4. Approval of an Agreement Between the City of Milton and Kohl’s Department Store for
the “Mayor’s Run” Event On October 8, 2011.
(Agenda Item No. 11- 212)
(John Rebar, Parks & Recreation Director)
5. Approval of an Agreement Between the City of Milton and Fun-Fare to Provide Event
Services for the 2011 Milton Roundup.
(Agenda Item No. 11- 213)
(John Rebar, Parks & Recreation Director)
6. Approval of a Memorandum of Understanding for Payment of Certain Costs for
Installation of Sod and Irrigation at Hopewell Middle School.
(Agenda Item No. 11- 214)
(John Rebar, Parks & Recreation Director)
6) REPORTS AND PRESENTATIONS
1. Crime Prevention Month Proclamation.
(Presented by Councilmember Alan Tart)
7) FIRST PRESENTATION
1. RZ11-16 – To Amend Article XVIII (Historic Preservation Commission) of the City of
Milton Zoning Ordinance.
(Agenda Item No. 11- 215)
(Kathleen Field, Community Development Director)
8) PUBLIC HEARING
ALCOHOL BEVERAGE LICENSE APPLICATION
1. Approval of the Issuance of a Brown Bagging Permit to Just for Giggles, located at
12635 Crabapple Road, Suite 250, Milton, Georgia 30004. The Applicant is Megan
Jamison for a Brown Bagging Permit.
(Agenda Item No. 11- 216)
(Stacey Inglis, Finance Director)
9) ZONING AGENDA (None)
MILTON CITY COUNCIL REGULAR MEETING AGENDA OCTOBER 3, 2011
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
10) UNFINISHED BUSINESS (None)
11) NEW BUSINESS
1. Approval of A Resolution Amending Resolution No. 11-03-173, A Resolution
Appointing A Board Member For District 3 To The City Of Milton Parks And Recreation
Advisory Board.
(Agenda Item No. 11- 217)
(Councilmember Bill Lusk)
2. Approval of A Resolution Amending Resolution No. 11-05-176, A Resolution
Appointing a Member To The City Of Milton Design Review Board By Adding A Board
Member For District 4.
(Agenda Item No. 11- 206)
(Deferred from September 19, 2011 Regular Council Meeting)
(Councilmember Burt Hewitt)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS
14) EXECUTIVE SESSION (if needed)
15) ADJOURNMENT
(Agenda Item No. 11-218)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: September 15, 2011
Meeting Date: October 3, 2011
Agenda Item: Approval of a Parks and Recreation Event License Agreement Between the
City of Milton and Teen Advocacy Group (T.A.G.) & Nita Harvey and Len
Hyman to Offer Teen and Pre-Teen Classes at Bell Memorial Park
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Many of these programs may be offered by outside providers
through a license agreement with the City of Milton based on a submitted program proposal
rather than offering these programs through a paid independent contractor or a paid employee
of the City.
Discussion:
Nita Harvey & Len Hyman, administrators for Teen Advocacy Group (T.A.G.), submitted a
proposal on August 1, 2011 to begin offering teen & pre-teen classes at Bethwell Community
Center this fall. T.A.G. is a program that works passionately to prepare lives for life’s challenges
by providing comprehensive education, prevention, and intervention programs to empower
teens & pre-teens to assist them and their parents. We have reviewed their proposal, checked
their credentials and qualifications, and received a copy of their business license, corporation
papers, non-profit status, and liability insurance coverage. We have met with Nita & Len and
agree that this program would be an asset to the Parks and Recreation Department. Once this
agreement is approved, classes would begin immediately in October, 2011. A commission of
25% of all participation fees ($95 – Resident; $142.50 – Non Resident) will be paid to the City of
Milton after each 8-week session.
Attachments:
A Parks and Recreation Event License Agreement Between the City of Milton and Nita Harvey
& Len Hyman of Teen Advocacy Group (T.A.G.) to Offer Teen & Pre-Teen Classes at Bethwell
Community Center.
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License is entered into on this 15! -day of
2011 by and between, the City of Milton, Georgia (hereinafter the "City") and Teen
Advocacy Group (TAG), Inc. (hereinafter "Licensee"):
Licensed Use:
The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use
Bethwell Community Center (the "Premises"), for Milton T.A.G. Classes (the "Event(s)") on Tuesdays at 6:00
p.m. beginning October 4, 2011 and ending on December 20, 2011.
This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have
reasonable access over the City's property to the Premises for the purpose of conducting the Event(s). The Licensee
shall conduct all set-up and cleanup activities related to the Event(s) during the term of the Event(s) specified herein
and shall vacate the Premises immediately upon termination of the Event(s). The City may terminate this License
immediately for convenience at any time by providing a written notice of termination to Licensee.
a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in accordance
with the terms and conditions described in Exhibit "A," attached hereto and incorporated herein by reference. As
further consideration for this License, Licensee shall pay to the City 25% of all class participation fees. Licensee
shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any City facility have
been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and reporting any
safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be responsible, if
applicable, for locking the City facility and securing any City equipment used byLicensee.
b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security
matters at the Premises and with all pertinent rules and regulations relating to the City's property, except as are more
specifically modified by this License Agreement. This provision shall be enforceable by the City, and failure of
Licensee to comply with the terms thereof shall be grounds for immediate termination of this License and vacation
of the Premises by Licensee and guests of the Event(s).
c. Licensee shall indemnify, save and hold harmless the City, its officers, boards, commissions, elected
officials, employees and agents from any and all claims, suits, actions, liability, judgments, damages, losses, and
expenses, including but not limited to attorney's fees, resulting from:
i. Any and all loss and/or damage to the City or its property caused by the Licensee and/or by any guest
of the Event(s);
ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s);
and
iii. Any other occurrence that results from the Event(s).
2. Miscellaneous Provisions:
a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make
any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform
under this License.
b. The Contractor shall pay reasonable attorney's fees to the City should the City be required to incur attorney's
fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent,
reckless or intentional acts or omissions of the Contractor.
c. Time is of the essence.
d. This License shall not be changed, modified or varied except by a written statement signed by all parties
hereto. Neither party may assign this License. Each of the individuals who executes this Agreement agrees and
represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and
Licensee both waive and release any right to contest the enforceability of this License based upon the execution
and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
Joe Lockwood, Mayor
For the Licensee:
OA/1i
ernita L. ffarve', President Attest: L Seetary
[AFFIX CORPORATE SEAL]
2
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
Exhibit "A"
Licensee: Len Hyman & Nita Harvey, Teen Advocacy Group, Inc.
Term: Beginning October 4, 2011, Ending December 20, 2011 (Seasonal Renewal Option)
Program/Activity/Event: Teen Prevention & Intervention Class; Parent Seminars
Location: Bethwell Community Center
Time(s): 6:00 p.m.
Day(s): Tuesdays
Registration Process: www.go4tag.org
Fees Charged By Licensee: $95 per 8 sessions (8 weeks) for Milton residents; $142.50 for non-residents.
Parent Seminars (2nd Tuesday of each month) $50 per monthly session; $100 for non-residents.
Commission Rate Paid to City of Milton: 25% of all participation fees
Payments Made: Two weeks after the end of each 8 -week session
Reporting Documentation Required: Class rosters with fees paid
Limitations: Minimum of 5 participants required; Maximum of 20
Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered Agent
Verification, References, Experience, Certifications, and Correspondence
The City of Milton will market this program on its website under Parks and Recreation, Programs and
Activities.
3
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: September 8, 2011
Meeting Date: October 3, 2011
Agenda Item: Approval of an Agreement between the City of Milton and Kohl’s
Department Store for the “Mayor’s Run” event on October 8, 2011
Background:
The City of Milton will be hosting an outdoor event called “Mayor’s Run” on Saturday, October
8th. This event is staged at Kohl’s Department Store.
Discussion:
The City is responsible for securing the appropriate venue, marketing the event, and handling
security and parking as needed. The Parks and Recreation Department has partnered with
Kohl’s to provide the staging area for the event. The location of Kohl’s is an ideal location
providing a safe off street staging area adjacent to the starting line with ample parking.
The City of Milton has hosted this event for the past two years. Approximately 150 runners
were in attendance last year. This is a fun, fast race that will provide a healthy component to a
great community event.
Attachments:
An agreement between the City of Milton and Kohl’s Department Store for the Mayor’s Run
event on October 8, 2011.
TEMPORARY ACCESS LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License is entered into on this day of September,
2011 by and between, the City of Milton, Georgia (hereinafter the "Licensee") and Kohl's (hereinafter referred to
as the "Licensor"):
1. Licensed Use:
The Licensor, hereby authorizes Licensee to use:
Kohls' Department Store Parking Lot; Milton, Georgia 30004 (the "Premises");
for vehicular, equipment, and personnel access for:
The P Annual Mayor's Run (the "Event");
being conducted by the Licensee at the Premises on:
Saturday 10-08-2011; 6:00 am — 10:00 am (the "Term")
This License shall be limited to the Premises and Term described above. The Licensee shall vacate the Premises
immediately upon termination of the Term.
2. Miscellaneous Provisions:
This License shall not be changed, modified or varied except by a written statement signed by all parties hereto with
the same formalities as in the execution of this License. Neither party may assign this License. Each signatory who
executes this License hereby agrees and represents that he is authorized to execute this License on behalf of the
respective entity. Accordingly, the Licensor and Licensee both waive and release any right to contest the
enforceability of this License based upon the execution and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
For Kohl's Store 1264:
Store ager
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: September 19, 2011
Meeting Date: October 3, 2011
Agenda Item: Approval of an Agreement Between the City of Milton and Fun-Fare to
Provide Event Services for the 2011 Milton Roundup
Background:
The City of Milton is in the process of planning for the annual Milton Roundup to be held on
Saturday, October 15, 2011 from 12-6 p.m. at Birmingham United Methodist Church.
Discussion:
Fun-Fare has provided a great proposal covering all of the kids area activities (10) with staff
assigned to each activity; generators; tents; and shuttles to allow for off-site parking for a total
of $6,000.00 and Golden Horseshoe sponsorship credit. Additionally Fun-Fare is assisting with
sponsorship efforts and has secured Kicks 101.5 FM as the exclusive radio sponsor with a
promotional value exceeding $13,000. Fun-Fare provides a unique combination of services,
making competitive quoting difficult as their package is sole source in nature.
The City of Milton contracted with Fun-Fare for the 2010 Milton Roundup. Committee
members and staff were very satisfied with their services and welcomed their participation in
2011. Fun-Fare staff is easy to work with and provide a great experience for event attendees.
Numerous metro-Atlanta cities and counties utilize their services.
Attachments:
An agreement between the City of Milton and Fun-Fare to provide event services for the 2011
Milton Roundup
Proposal
2011 Milton Roundup
Saturday, October 15, 2011
Fun-Fare activities:
Fun-Fare will provide up to 10 quality interactive inflatable and mechanical
rides (including quad, bull ride, and Rockwall) on par with 2010 (to be
agreed upon by both parties) at a cost of $6,000 plus the top level
sponsorship of the Milton Roundup.
Fun-Fare will provide employees to staff each item; the items will be free
of charge to the general public.
Fun-Fare will also provide all power needed to run the items listed above,
up to 10 - EZ-up tents and 3 - shuttles in support of the Milton Roundup.
Delivered and set-up by 12:00 PM to 6:00 PM; break down/pick-up.
Fun-Fare will provide at least one staff member per inflatable items.
Full amount is due the day of the event.
JRM Management Services will solicit and facilitate sponsors for the 2011 Milton
Roundup. JRM Management Services will provide and set-up a 10 x 10 tent, 8’
table, and two chairs for each sponsor that JRM obtains. JRM offers the
following fee structure:
1. JRM Management Services will split any revenue generated via sell of
sponsorship 50/50 with the City of Milton. JRM will provide any size tent,
table, and chairs needed to activate the sponsorship at no cost to the City.
JRM Management Services will assist and facilitate any “in-kind” sponsorships
that the City deems valuable (i.e. Kicks Radio) at no charge.
JRM Management Services reserves the right to discount sponsorships up to
20% if offered in a package deal with other JRM shows.
AGREED & ACCEPTED:
JRM MANAGEMENT SERVICES, INC. CITY OF MILTON
9/15/11
by: Tod Miller Date Joe Lockwood Date
President Mayor, City of Milton
2011 MILTON ROUNDUP
Promotional Proposal
KICKS 101.5 would be proud to serve as the exclusive radio sponsor for
The 2011 Milton Roundup, October 15, 2011
KICKS 101.5 to provide:
Minimum 20 Live Promotional Mentions to run on KICKS 101.5 Oct 9 thru 15, 2011
Presence on KICKS 101.5 website (events calendar)
KICKS 1015 onsite remote at event Saturday 10/15/11, 10a til 6p, to include station vehicle,
promotions assistant, on-air personality (pending availability), tent, sound system, games, giveaways,
etc.
Requesting from City of Milton:
KICKS 1015 positioned as exclusive radio station partner for Milton Roundup
KICKS 101.5 Logo in all media and print promos
Ample space for KICKS 101.5 remote/event set -up including station vehicle, tent, sound system;
access to power (one standard outlet)
Ability to tie-in third party radio station sponsors and/or exhibit space/booths (with prior approval)
PROMOTIONAL VALUE - OVER $13,000
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: John Rebar, Parks and Recreation Director
Submission Date: September 20, 2011
Meeting Date: October 3, 2011
Agenda Item: Approval of Memorandum of Understanding for Payment of Certain
Costs for Installation of Sod and Irrigation at Hopewell Middle School
Background:
The Parks and Recreation Department is eager to begin offering programs and additional
services to the citizens of Milton. Due to the lack of parks and recreation facilities currently
available in Milton, the City entered into an Intergovernmental Agreement (IGA) with Fulton
County Board of Education for the use of Hopewell Middle School.
Discussion:
Following the execution of the IGA on March 25, 2011 the Fulton County Board of education
discovered that FCBOE had already bid out and awarded the same work to be completed per
the IGA by the City of Milton. Both City and FCBOE Staff met and negotiated a payment of
$35,000 for the improvements which the FCBOE will complete. The purpose of this MOU is for
the payment for the specified improvements only. All other items in the IGA remain in effect.
Project funds are available in the Parks and Recreation Capital Projects Fund.
Attachments:
MOU between the City of Milton and Fulton County Board of Education for Payment of Certain
Costs For Installation of Sod and Irrigation at Hopewell Middle School.
Attorney Review:
Paul N. Higbee, Jr. August 16, 2011
BOARD OF EDUCATION
Linda Schultz, President
Linda P. Bryant, Vice President
Julia C. Bernath • Gail Dean • Catherine Maddox
Linda McCain • Katie Reeves
Robert M. Avossa, Ed.D., Superintendent
LAND MANAGEMENT
5270 Northfield Boulevard, College Park, Georgia 30349 • 404-669-8983 • www.fultonschools.org
MEMORANDUM OF UNDERSTANDING FOR PAYMENT FOR
CERTAIN COSTS FOR INSTALLATION OF SOD AND IRRIGATION SYSTEM ON SCHOOL
FACILITIES AT HOPEWELL MIDDLE SCHOOL
This MEMORANDUM OF UNDERSTANDING (“MOU”), made and entered into this
________ day of _______________2011, by and between the FULTON COUNTY BOARD OF
EDUCATION (hereinafter the “Board”) and the CITY OF MILTON (hereinafter “City”) whose
addresses are 786 Cleveland Avenue, Atlanta, GA. 30315 and 13000 Deerfield Parkway, Suite
107A, Milton, GA. 30004, respectively.
WITNESSETH
WHEREAS, the Board desires to enter into this MOU for the payment of certain specific
costs for the installation of a sod and irrigation system on the School Facilities at Hopewell
Middle School (“Hopewell School Facilities”), and
WHEREAS, the City desires to utilize the Hopewell School Facilities for recreational
purposes, and
WHEREAS, this MOU is intended to amend the Intergovernmental Agreement (“IGA”)
dated the _____ day of _____________, 20___ between the Board and the City for the City’s
use of the Hopewell School Facilities.
NOW THEREFORE, in consideration of the following terms and the mutual covenants
herein contained, the aforesaid parties to this MOU hereby agree as follows:
1. The Board will initiate all necessary procedures and construct and install the sod and
irrigation system, as shown and described on Exhibit “A,” attached hereto and incorporated
herein by reference (the “System”), on the Hopewell School Facilities. The Board shall ensure
compliance with Title 36, Chapter 91 of the Official Code of Georgia.
2. The City will pay to the Board a total amount of $35,000 toward the cost of the
installation of the System.
3. The City will pay the total amount of $31,500 within 10 days of receipt from the Board of
written notice of substantial completion of the System, which amount equals 90 percent of the
total payment referenced in Paragraph 2 above, when substantial completion is obtained, and
the City shall pay the remaining $3,500 which represents the remaining retainage of 10 percent,
within ten (10) days from the City’s receipt of written notice from FCBE that “final completion” of
the System has been obtained.
4. This MOU contains the entire agreement of the parties regarding the subject matter
contained herein. This MOU may only be amended by a written document signed by each
party. This MOU shall be governed and construed in accordance with the laws of the State of
Georgia. Each party represents that the official executing this MOU has been duly authorized to
do so by the entity being bound. The IGA shall continue in full force and effect, except to the
extent modified by this MOU.
IN WITNESS WHEREOF, the parties have affixed their signatures through their
authorized officials the day and year set forth above.
CITY OF MILTON
Signed, Sealed and Delivered By: _______________________________
this ___ day of _____________________,
Title:_______________________________
2011, in the presence of:
_________________________________
Notary Public
FULTON COUNTY BOARD OF EDUCATION
Signed, Sealed and Delivered _______________________________
this ___ day of _____________________, Linda Schultz, President
2011, in the presence of:
_______________________________
_________________________________ Robert M. Avossa, Ed.D.
Superintendent/Secretary to the Board
Witness
_________________________________
Notary Public
Crime Prevention Month
WHEREAS, the vitality of our city depends on how safe we keep our homes, neighborhoods,
workplaces, and communities; and
schools,
WHEREAS, crime and fear of crime destroy our trust in others and in civic institutions, threatening the
community's health, prosperity, and quality of life; and
WHEREAS, the personal injury, financial loss, and community deterioration resulting from crime are
intolerable and require investment from the whole community;
WHEREAS, people of all ages must be made aware of what they can do to prevent themselves and their
families, neighbors, and coworkers from being harmed by crime; and
a
WHEREAS, crime prevention initiatives must include self-protection and security, but they must go
beyond these to promote collaborative efforts to make neighborhoods safer for all ages and to develop
positive opportunities for young people; and
WHEREAS, adults must invest time, resources, and policy support in effective prevention and
intervention strategies for youth, and adults must make sure to engage teens in programs to drive crime
from their communities; and #
WHEREAS, effective crime prevention programs succeed because of partnerships with law enforcement,
other government agencies, civic groups, schools, faith communities, businesses, and individuals as they;;"��
help to nurture communal responsibility and instill pride; and
WHEREAS, Milton Police and Citizens Together (MPACT) is a broad-based community outreach
program that can be effective in helping the Milton Police Department manage effectively and respond
proactively to community growth, increasing calls for service, and crime rates; }
WHEREAS, through participation in MPACT and other initiatives, residents will come to possess a true j
understanding of the added value of a professionally managed, community -focused police department and r u
of their own roles in helping to maintain a high quality of life in their communities. j
NOW THEREFORE, We, the Mayor and City Council of the City of Milton, do hereby proclaim
October 2011 as Crime Prevention Month in Milton and urge all citizens, government agencies, public rj
and private institutions, and businesses to invest in the power of prevention and work together to make
Milton a safer, stronger, more caring community.
Given under my hand and Seal of the City of Milton, Ge is on the 3rd day of October, 2011.
1
Joe Loc wo d, ayor
MnmYCRtR1k Tdk'AP�1BR.*,M.'t'TYfYl1Sb.1�['T$'A^3 AMAIN: .� .:`'�W6 345T...: ".^
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City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Kathy Field, Community Development Director
Date: September 21, 2011, Submitted for the October 3, 2011 (First Presentation),
October 17, 2011, City Council Meeting (October 10, 2011 Work Session)
Agenda Item: Text Amendment to Article 18, “Historic Preservation Commission” to the City of
Milton Zoning Ordinance, RZ11-16
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, Article 18,
“Historic Preservation Commission” of the City of Milton Zoning Ordinance.
Background:
In 2007, a passionate group of residents presented to the Community Development Department
a draft ordinance for the creation of a Historic Preservation Commission (HPC) to help preserve
the sites catalogued by the Georgia Department of Natural Resources and Fulton County in a
1996 survey. The Mayor and City Council established the Historic Preservation Committee in
December of 2008 to develop an ordinance, along with Staff, to preserve Milton’s historic
resources.
After deliberation by the Historic Preservation Committee, City Staff, and the City of Milton
Planning Commission, Article 18 of the City of Milton Zoning Ordinance “Historic Preservation
Commission” was adopted by the City of Milton Mayor and City Council on June 21, 2010. After
such time, the Mayor and City Council dissolved the existing Historic Preservation Committee
and created the Historic Preservation Commission (HPC) as mandated by the Historic
Preservation Commission Ordinance. The first official meeting of the HPC was in February
2011. The Commission submitted the HPC Ordinance to the Georgia Historic Preservation
Division on April 22, 2011 for their review and received comments from the Georgia Historic
Preservation Division on May 2, 2011. The HPC met with Leigh Burns from the Georgia Historic
Preservation Division on May 24, 2011 to discuss her comments and recommendations to the
City’s HPC Ordinance.
Discussion:
The following items were issues with the HPC Ordinance based on discussions with Leigh
Burns and subsequently changes were approved by the HPC:
Removal of all references to the H (Historic) Zoning District (Ordinance does not address
land use)
Add more definitions
Reduce the size of the Historic Preservation Commission (deleted ex-officio members)
Removal of all references to “historical site of interest”
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
Removal of references to erecting “markers” at historical sites.
Strengthened language for retaining outside professional help
Reduce number of days the HPC has to recommend and transmit their decision to the
Mayor and City Council regarding a Certificate of Appropriateness.
The Historic Preservation Commission met to discuss the proposed changes to the Ordinance.
A draft of the changes was approved as recommended by the State. Based on the policy
approved by the Mayor and City Council, any major text amendments to the Zoning Ordinance
should be reviewed together with the appropriate committee/commission and the Planning
Commission.
A joint work session was held on August 24, 2011 with the HPC and the Planning Commission
to discuss the proposed changes. The Planning Commission was in support of the proposed
changes and they will make their recommendation at its September 27, 2011 meeting.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
amend Article 18, “Historic Preservation Commission” to the City of Milton Zoning Ordinance.
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
Page 1 of 13
RZ11-16 Text Amendment to HPC – Prepared for the October 4, 2011 Mayor and City Council Meeting
(Changes recommended by the State shown in Red, changes from August Joint WS shown highlighted in yellow)
Sec. 64-2451. - 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;
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;
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;
The Milton City Council, Milton, Georgia hereby declares it to be the purpose and intent of this
article to establish a uniform procedure for use in providing for the identification, protection, enhancement,
perpetuation, and use of places, properties, sites, buildings, structures, objects, and landscape features
having special historical, cultural, archeological, or aesthetic interest or value, in accordance with the
provisions of the article.
(Ord. No. 10-06-65, § I, 6-25-2010)
Sec. 64-2452. - Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:]
Application for designation means a formal request in writing in a form specified by the historic
preservation commission that the historic preservation commission consider a property for possible
designation as a historic property or historic district.
Building means any structure with a roof, designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels, or property of any kind.
Certificate of appropriateness means a document evidencing approval by the historic preservation
commission of an application to make a material change in the appearance of a designated historic property
or of a property located within a designated historic district.
Contributing means a building, structure, object, site or work of art that adds to the historic
architectural qualities or archaeological values for which the district is significant because it was present
during the period of significance, relates to the documented significance of the district, and possesses
historic integrity or is capable of yielding important information about the period of significance.
Designation means a decision by the City of Milton to designate a property as a "historic property"
or as a "historic district" and thereafter prohibit all material change in appearance of such property or within
such district prior to the issuance of a certificate of appropriateness by the Historic Preservation Commission
of the City of Milton.
Design Review Board (DRB) means a Board consisting of seven City of Milton residents, and / or
business owners who review all plans for development in the City, except for single family residences for
compliance with the standards of the Zoning Ordinance prior to the approval of a building permit, primary
variance and land disturbance permit and for both the residential and nonresidential structures for a
demolition permit.
Exterior architectural features means the architectural style, general design, and general
arrangement of the exterior of a building, structure, or object, including but not limited to the kind or texture
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of the building material and the type and style of all windows, doors, signs, and other appurtenant
architectural fixtures, features, details, or elements relative to the foregoing.
Exterior environmental features means all aspects of the landscape or the development or
appearance of a site which affect the historical character of the property.
Historic means belonging to the past; of what is important or famous in the past; A historic resource
should be at least 50 years old, and should retain a high degree of integrity that is comprised of seven
qualities: location, design, setting, materials, workmanship, feeling, and association.
Historic district means a geographically definable area, urban or rural, possessing a significant
concentration, linkage, or continuity of sites, buildings, structures, works of art, or objects, or a combination
thereof, which (1) have special character or special historical or aesthetic interest or value; (2) represent one
or more periods or styles or architecture typical of one or more eras in the history of Milton, Fulton County,
Georgia, or the nation; and (3) cause such area, by reason of such factors, to constitute a visibly perceptible
section of the City of Milton. A district may also comprise individual elements separated geographically but
linked by association or history. A historic district shall further mean an area designated by the Milton City
Council as a historic district pursuant to the criteria established in subsection 64-2454(b) of this article.
Historic property means an individual building, structure, site, or object designated by the Milton
City Council as a historic property pursuant to the criteria established in subsection 64-2454(c) of this article.
Material change in appearance means a change that will affect the exterior architectural or
environmental features of a historic property or any building, structure, site, object, or landscape feature
within a historic district, such as:
(1)
A reconstruction or alteration of the size, shape, or façade of a historic property, including
but not limited to, relocation of any doors or windows or removal or alteration of any
architectural features, details, or elements;
(2)
Demolition or relocation of a historic structure;
(3)
Commencement of excavation for construction purposes;
(4)
A change in the location or removal of advertising visible from the public right-of-way; or
(5)
The erection, alteration, restoration, or removal of any building or structure within a historic
property or district, including but not limited to walls, fences, steps and pavements, or
other appurtenant features, except exterior paint alterations.
Non-contributing means a classification applied to an individual property located within a
designated historic district, signifying that the property does not contribute to the distinctive character of the
district. Such properties are subject only to the provisions of this chapter regarding new construction,
including general landscape character, and only when the amount of new construction equals or exceeds
twenty-five percent (25%) of the land area or building ground floor area of the property at the time of its
identification as noncontributing.
Non-historic means the resource does not meet the criteria for local landmark designation and
therefore does not have potential for designation.
Object means a material thing of functional, aesthetic, cultural, historical, or scientific value that
may be, by nature or design, movable yet related to a specific setting or environment.
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Site means the location of a significant event, a prehistoric or historical occupation or activity, or a
building or structure, whether standing, ruined, or vanished where the location itself maintains historical, or
of archeological value regardless of the value of any existing structure.
Structure means a work of interdependent and inter-related parts in a definite pattern of
organization. A manmade object; it may be large or small in scale.
(Ord. No. 10-06-65, § II, 6-25-2010)
Sec. 64-2453. - Creation of a historic preservation commission.
(a)
Creation of the historic preservation commission. There is hereby created a commission whose title
shall be "Milton Historic Preservation Commission" (hereinafter ("HPC").
(b)
HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven
members appointed by the Milton City Council with each appointing one member whose term will
be four years, but shall be subject to reappointment for concurrent terms. All members shall be
residents of the City of Milton and shall be persons who have demonstrated special interest,
experience, or education in history, architectural history, or the preservation of historic resources.
Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a
councilperson's respective council district.
One member of the Milton Design Review Board ("DRB"), as designated by the DRB, shall serve
as an ex-officio member of the HPC.
In addition, two ex-officio members may be appointed to the HPC by majority vote of the HPC and
will serve at the discretion of the HPC. These additional ex-officio members are not required to own property
in the city limits, and do not need to be residents of the City of Milton, but have expressed interest in the
surrounding communities and are regarded as valuable sources of information by consensus of the official
members of the HPC. Ex-officio members of the HPC shall not have voting rights and shall not be counted
for the purpose of determining whether a quorum of HPC members exists at any HPC meeting.
To the extent an individual is available and willing to serve in the City of Milton, at least one official,
voting HPC member shall be appointed from among professionals in the disciplines of architecture, history,
architectural history, planning, archeology, building construction, real property appraisal, or related
professions.
HPC members shall not receive a salary, although they may be reimbursed for expenses with the
prior approval of the city manager.
(c)
Statement of the HPC's powers. The HPC shall be authorized to:
(1)
Prepare and maintain an inventory of all property within the City of Milton having the
potential for designation as historic;
(2)
Recommend to the Milton City Council specific districts, sites, buildings, structures, or
objects to be designated by ordinance as a historic property or a historic district;
(3)
Consider for approval proposals/recommendations for possible rezoning of property to the
historic ("H") zoning designation as provided for in subsection 64-2454(d)(2)a., based on
historic value to the community and otherwise in accord with the requirements of the
historic ("H") zoning designation in the Milton Zoning Code.
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(4)
Review applications for Certificates of Appropriateness, and grant or deny same in
accordance with the provisions of this article;
(5)
Recommend to the Milton City Council that any designation of a historic property or
historic district be revoked or removed;
(6)
Restore or preserve any historic properties acquired by the City of Milton, subject to
funding availability and with the prior approval of the Milton City Council;
(7)
Promote the acquisition by the City of Milton of facade easements and conservation
easements as appropriate, in accordance with the provisions of the Georgia Uniform
Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5);
(8)
Conduct educational programs on historic properties located within the City of Milton and
on general historic preservation activities;
(9)
Make such investigations and studies of matters relating to historic preservation including
consultation with historic preservation experts, as the Milton City Council or the HPC itself
may, from time to time, deem necessary or appropriate for the purposes of preserving
historic resources;
(10)
Research local, state, federal, or private funds for historic preservation, and make
recommendations to the Milton City Council concerning the most appropriate use of any
funds acquired;
(11)
Recommend to the Milton City Council possible historic resource incentive programs for
their review;
(12)
Submit to the Historic Preservation Division of the Georgia Department of Natural
Resources a list of designated historic properties or historic districts;
(13)
Perform historic preservation activities as the official agency of the Milton Historic
Preservation Program;
(14)
Retain persons with professional expertise to carry out specific tasks, as needed, subject
to funding availability to approval by the Milton City Council;
(15)
Receive donations, grants, funds, or gifts of historic property and acquire and sell historic
properties provided the Milton City Council has provided prior consent to do so and all
state and local laws regarding local government property disposition are followed. The
receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does
not violate the City of Milton Code of Ethics;
(16)
Review and make comments to the Historic Preservation Division of the Georgia
Department of Natural Resources concerning the nomination of properties within its
jurisdiction to the National Register of Historic Places;
(17)
Participate in private, state, and federal historic preservation programs and with the
approval of the Milton City Council enter into contractual agreements to do the same; and
(18)
Recommend to the Milton City Council such sites, buildings, structures, or objects that
shall be considered a "historical site of interest" and by Milton City Council resolution shall
adopt such designation. The Milton City Council will provide and appropriate historical
marker to be displayed at the designated site.
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(d)
HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the
transaction of business and for consideration of applications for designations and certificates of
appropriateness, such as by-laws and design guidelines not inconsistent with this article. The HPC
shall have the flexibility to adopt such rules and standards without amendment to this article. The
HPC shall provide for the time and place of regular meetings and a method for the calling of special
meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it
deems appropriate from among its members. A quorum shall consist of a majority of voting
members. All rules shall be ratified by the Milton City Council before becoming effective.
(e)
Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia
Statutes and in the City of Milton Charter.
(f)
HPC's authority to receive funding from various sources. The HPC shall have the authority to
accept donations and shall ensure that these funds do not displace appropriated governmental
funds. The HPC shall be subject to and comply with the Milton Ethics Code.
(g)
Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and
actions. Reports to the Milton City Council will also be made on a regular and timely basis.
(Ord. No. 10-06-65, § III, 6-25-2010)
Sec. 64-2454. - Recommendation and designation of historic properties.
(a)
Preliminary research by HPC.
(1)
HPC's mandate to conduct a survey of local historical resources: The HPC shall compile
and collect information on historic resources with the City of Milton. Records shall be
stored in the City of Milton storage area.
(2)
HPC's power to recommend districts and buildings to the Milton City Council for
designation: The HPC shall present to the Milton City Council recommendations for
historic districts and properties. The HPC shall consider for approval
proposals/recommendations for possible rezoning of property to the historic ("H") zoning
designation as provided for in subsection (d)(2)a., based on historic value to the
community and otherwise in accord with the requirements of the historic ("H") zoning
designation in the Milton Zoning Code.
(3)
HPC's documentation of proposed designation: Prior to the HPC's recommendation to the
Milton City Council of a property or district for historic designation, the HPC shall prepare
a report for nomination consisting of:
a.
A detailed physical description of the proposed historic property or historic
district; and
b.
A statement of the historical, cultural, architectural, and/or aesthetic significance
of the proposed historic property or historic district; and
c.
A map showing district boundaries and classification (i.e., contributing,
noncontributing) of individual properties therein, or showing boundaries of
individual properties; and
d.
A statement justifying the boundaries of the proposed property or district; and
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e.
Representative photographs of the proposed property or district.
(b)
Designation of historic district.
(1)
Criteria for selection of historic districts: A historic district is a geographically definable
area, urban or rural, possessing a significant concentration, linkage, or continuity of sites,
buildings, structures, works of art, or objects, or a combination thereof, which (1) have
special character or special historical or esthetic interest or value; (2) represent one or
more periods or styles or architecture typical of one or more eras in the history of Milton,
the State of Georgia, or the nation; and (3) cause such area, by reason of such factors, to
constitute a visibly perceptible section of the City of Milton. A district may also comprise
individual elements separated geographically but linked by association or history. A
historic district is deemed worthy of preservation by reason of value to the nation, the
State of Georgia, or the City of Milton for one or more of the following reasons:
a.
It possesses an outstanding example of structures representative of its era; or
b.
It contains the few remaining examples of a past architectural style or type over
50 years old; or
c.
It is a place associated with an event or persons of historic or cultural
significance to the City of Milton, State of Georgia, or the region; or
d.
It is the site of natural, archeological, or aesthetic interest that contributes to the
cultural or historical development and heritage of the municipality, county, state,
or region.
(2)
Boundaries of a historic district: Boundaries of a historic district shall be included in the
separate ordinances designating such districts and shall be shown on the official zoning
map of the City of Milton, Georgia.
(3)
Evaluation of properties with historic districts: individual properties within historic districts
shall be classified as:
a.
Contributing (contributes to the district); or
b.
Noncontributing (Does not contribute to the district as provided for in subsection
(b)(1) of this section).
(c)
Designation of historic property.
(1)
Criteria for selection of historic properties: An individual building, structure, site or object
deemed worthy of preservation by reason of value to the nation, the State of Georgia, or
the City of Milton for one or more of the following reasons:
a.
It is an outstanding example of a structure representative of its era; or
b.
It is one of the few remaining examples of a past architectural style or type over
50 years old; or
c.
It is a place associated with an event or persons of historic or cultural
significance to the City of Milton, State of Georgia, or the region; or
d.
Comment [r1]: Confirmed with State that sites
can be designated as historic property
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It is the site of natural, archeological, or aesthetic interest that contributes to the
cultural or historical development and heritage of the municipality, county, state,
or region.
(2)
No building, structure, site or object shall be eligible to be designated as a historic
property unless it existed on the same property since the incorporation of the City of
Milton.
(d)
Historic ("H") zoning designation.
(1)
Purpose: This base zoning designation allows for a historic property to be used, protected,
renovated and preserved. It may allow a specific, previous use to continue in a structure
where that use would be considered nonconforming as defined in the Milton Zoning Code.
Creation of the historic ("H") zoning designation shall be in accord with the ordinary
procedures and processes for zoning district creation in the City of Milton, and the final
decision regarding the components and uses authorized by and in the historic ("H") zoning
district shall remain exclusively with the Milton City Council.
(2)
Approval process:
a.
Designation is proposed per subsection 64-2424(e)(1) followed by formal
approval of the HPC, except that when the proposal originates in the HPC or the
Milton City Council no additional HPC approval shall be required prior to
commencement of the formal zoning process;
b.
The property owner shall follow the process for rezoning as established by article
28 [XIV] of the zoning chapter.
(e)
Requirement for adopting an ordinance for the designation of historic districts, historic properties,
and historic zoning.
(1)
Application for designation of historic districts, properties or historic zoning: Proposals may
be submitted by the Milton City Council, via majority vote, or by the HPC via a majority of
that commission, or:
a.
For historic districts—A historical society, neighborhood association, or the
owners of a group of properties;
b.
For historic properties—A historical society, neighborhood association, or the
property owner;
c.
For a historic zoning designation—A historical society, neighborhood association,
or the property owner.
(2)
Required components of a designation ordinance: Any ordinance designating any property
or district as historic shall:
a.
List each property in a proposed historic district or describes the proposed
individual historic property;
b.
Set forth the name(s) of the owner(s) of the designated property or properties;
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c.
Require that a certificate of appropriateness be obtained from the HPC prior to
any material change in appearance of the designated property; and
d.
Require that the property or district be shown on the official zoning map of the
City of Milton, Georgia and kept as a public record to provide notice of such
designation.
(3)
Require public hearings: The HPC and the Milton City Council shall hold a joint public
hearing at a special or regular HPC meeting on any proposed ordinance for the
designation of any historic district or property. Notice of the hearing shall be published in
at least three consecutive issues of the newspaper utilized by Milton as the legal organ,
and written notice of the hearing shall be mailed not less than ten or more than 20 days
prior to the date set for the public hearing. A notice sent via the United States mail to the
last-known owner of the property shown on the City of Milton tax digest and a notice sent
via attention of the occupant shall constitute legal notification to the owner and occupant
under this section.
(4)
Notification of historic preservation division: No less than 30 days prior to making a
recommendation on any ordinance designating a property or district as historic, the HPC
must submit the report, required in subsection 64-2454(a)(3), to the historic preservation
division of the department of natural resources.
(5)
Recommendations on proposed designations: A recommendation to affirm, modify or
withdraw the proposed ordinance for designation shall be made by the HPC within 15
days following the joint public hearing and shall be in the form of a resolution to the Milton
City Council.
(6)
Milton City Council action on the HPC's recommendation: Following receipt of the HPC
recommendation, the Milton City Council may adopt the ordinance for designation as
proposed, may adopt the ordinance with any amendments it deems necessary, or reject
the ordinance.
(7)
Notification of adoption of ordinance for designation: Within 30 days following the adoption
of the ordinance for designation by the Milton City Council, the owners and occupants of
each designated historic property, and the owner(s) and occupants of each building,
structure, or site located within a designated historic district, shall be given written
notification of such designation by the Milton City Council, which notice shall apprise said
owners and occupants of the necessity of obtaining a certificate of appropriateness prior
to undertaking any material change in appearance of the historic property designated or
within the historic district designated. A notice sent via the United States mail to the last-
known owner of the property shown on the City of Milton tax digest and a notice sent via
United States mail to the address of the property to the attention of the occupant shall
constitute legal notification to the owner and occupant under this article.
(8)
Notification of other agencies regarding designation: The HPC shall notify all necessary
agencies within the City of Milton of the ordinance for designation.
(9)
Moratorium on applications for alteration or demolition while ordinance for designation is
pending: If an ordinance for designation is being considered, the hpc shall notify the
permitting division of the community development department. No permit of any kind shall
be issued for work which would constitute a material change in the appearance of a
structure, site, or landscaping within the designated area until the proposed ordinance is
enacted or rejected by the city council. The HPC must recommend via resolution an
ordinance for designation to the city council within 45 days of the permitting division
denying a building permit based on the moratorium.
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(Ord. No. 10-06-65, § IV, 6-25-2010)
Sec. 64-2455. - Application to HPC for certificate of appropriateness.
(a)
Approval of material change in appearance involving historic properties. After the designation by
ordinance of a historic property or of a historic district, no material change in the appearance of
such historic property, or of a contributing or noncontributing building, structure, site or object within
such historic district shall occur or be permitted to be made by the owner or occupant thereof
unless or until the application and approval of a certificate of appropriateness. Certificates of
appropriateness for material changes in historic properties and material changes to contributing
buildings, structures, sites, or objects in historic districts shall be issued by the HPC in accord with
the process set forth below. A certificate of appropriateness for noncontributing buildings,
structures, sites or objects within a historic district shall be considered by the DRB after a public
hearing and otherwise in accord with ordinary and normal DRB processes and procedures. A
building permit shall not be issued without a certificate of appropriateness.
A certificate of appropriateness shall be required before construction can begin even in cases where a
building permit is not required.
(b)
Submission of plans to HPC. An application for a certificate of appropriateness shall be
accompanied by drawings, photographs, plans and documentation required by the HPC.
(c)
Interior alterations. In its review of applications for certificates of appropriateness the HPC shall not
consider interior arrangement or use having no effect on exterior architectural features.
(d)
Technical advice. The HPC shall have the power to seek technical advice from outside its members
on any application.
(e)
Public hearings on applications for certificates of appropriateness, notices, and right to be heard.
The HPC shall hold a public hearing at which each proposed certificate of appropriateness is
discussed. Notice of the hearing shall be published in the newspaper utilized by Milton as the legal
organ and written notice of the hearing shall be made by the HPC to all owners and occupants of
the subject property. The written and published notice shall be provided in the same manner and
time frame as notices as required by the Georgia Zoning Procedures Law.
The HPC shall provide the property owner and/or applicant an opportunity to be heard at the certificate of
appropriateness hearing.
(f)
Acceptable HPC response to applications for certificates of appropriateness.
HPC action: The HPC may (i) approve the application for a certificate of appropriateness as proposed; (ii)
approve the certificate of appropriateness with any modifications it deems necessary; or (iii) reject it.
(1)
The HPC shall approve the application and issue a certificate of appropriateness if it finds
that the proposed material change(s) in the appearance would not have a substantial
adverse effect on the aesthetic, historic, or architectural significance and value of the
historic property or the historic district. In making this determination, the HPC shall
consider, in addition to any other pertinent factors, the following criteria:
a.
Reconstruction, alteration, new construction or renovation: Whether the proposed
actions conform in design, scale, building material, setback and site features and
to the United States Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings.
b.
Relocation:
1.
The historic character and aesthetic interest of the building, structure, or
object contributes to its present setting;
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2.
Whether there are definite plans for the area to be vacated and what the
effect of those plans on the character of the surrounding area will be;
3.
Whether the building, structure, or object can be moved without
significant damage to its physical integrity;
4.
Whether the proposed relocation area is compatible with the historical
and architectural character of the building, structure, site, or object.
c.
Demolition:
1.
The historic, scenic, or architectural significance of the building,
structure, site, or object;
2.
The importance of the building, structure, site, or object to the ambiance
of the area;
3.
The difficulty or impossibility of reproducing such a building, structure,
site, or object because of its design, texture, material, detail, or unique
location;
4.
Whether the building, structure, site, or object is one of the last
remaining examples of its kind in the neighborhood or the city;
5.
Whether there are definite plans for use of the property if the proposed
demolition is carried out, and what the effect of those plans on the
character of the surrounding area would be;
6.
Whether reasonable measures can be taken to save the building,
structure, site, or object from collapse;
7.
Whether the building, structure, site, or object is capable of earning
reasonable economic return on its value.
(g)
Undue hardship. When, by reason of unusual circumstances, the strict application of any provision
of the ordinance would result in the exceptional practical difficulty or undue economic hardship
upon any owner of a specific property, the commission, in passing upon applications, shall have the
power to recommend to the Milton Mayor and City Council to vary or modify strict provisions, so as
to relieve such difficulty or hardship; provided such variances, modifications, interpretations shall
remain in harmony with the general purpose and intent of said provisions, so that the architectural
or historical integrity, or character of the property, shall be conserved and substantial justice done.
In granting variances, the Milton Mayor and City Council may impose such reasonable and
additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this article.
An undue hardship shall not be a situation of the person's own making.
(h)
Deadline for approval or rejection of application for certificate of appropriateness.
(1)
The HPC shall approve or reject an application for a certificate of appropriateness within
45 days after the filing thereof by the owner or occupant of a historic property, building,
structure or site. Evidence of approval shall be by a certificate of appropriateness issued
by the HPC. Notice of the issuance or denial of a certificate of appropriateness shall be
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sent by United States certified mail to the applicant and all other persons who have
requested such notice in writing filed with the HPC.
(2)
Should the HPC fail to approve or reject an application for certificate of appropriateness
within 45 days the application shall be deemed automatically approved.
(i)
Necessary action to be taken by HPC upon rejection of application for certificate of
appropriateness.
(1)
In the event the HPC rejects an application, it shall state its reasons for doing so, and shall
transmit a record of such actions and reasons, in writing, to the applicant. The HPC may
suggest alternative courses of action it thinks proper if it disapproves of the application
submitted. The applicant, if he or she so desires, may make modifications to the plans and
may resubmit the application at any time after making said modifications.
(2)
In cases where the application covers a material change in the appearance of a structure
which would require the issuance of a building permit, the rejection of the application for a
certificate of appropriateness by the HPC shall be binding upon the building inspector or
other administrative officer charged with issuing building permits and, in such a case, no
building permit shall be issued.
(j)
Requirement of conformance with certificate of appropriateness.
(1)
All work performed pursuant to an issued certificate of appropriateness shall conform to
the requirements of such certificate. In the event work is performed not in accordance with
such certificate, the HPC may request that the city obtain a cease and desist order from
the appropriate tribunal and all work shall cease.
(2)
The Milton City Council may, of its own initiative or at the request of the HPC, initiate any
appropriate action or proceeding in a court of competent jurisdiction to prevent any
material change in appearance of a designated historic property, except those changes
made in compliance with the provisions of this ordinance or to prevent any illegal act or
conduct with respect to such historic property.
(k)
Certificate of appropriateness void if construction not commenced.
(1)
A Certificate of appropriateness shall become void unless construction has commenced
within six months of date of issuance.
(2)
A certificate of appropriateness shall expire after 18 months unless said certificate is
renewed. A certificate may be renewed for a single 18-month period. A renewal must be
sought prior to the expiration of the original certificate.
(l)
Recording an application for certificate of appropriateness. The HPC shall keep a public record of
all applications for certificate of appropriateness, and of all the HPC's proceedings in connection
with said application. These records shall be maintained at city hall.
(m)
Acquisition of property. The HPC may, where such action is authorized by the Milton City Council
and is reasonably necessary or appropriate for the preservation of a historic property, enter into
negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the
property or any interest therein. If property is conveyed based upon the efforts of the HPC, the
property interest shall be conveyed in the name of the City of Milton, Georgia.
(n)
Appeals. Any person adversely affected by any determination made by the HPC relative to the
issuance or denial of a certificate of appropriateness may appeal such determination to the Milton
City Council. Any such appeal must be filed with the Milton City Council within 15 days after the
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(Changes recommended by the State shown in Red, changes from August Joint WS shown highlighted in yellow)
issuance of the determination pursuant to subsection (g) of this section. The Milton City Council
may approve, modify, or reject the determination made by the HPC, if the governing body finds that
the HPC abused its discretion in reaching its decision. Appeals from decisions of the Milton City
Council may be taken to the Superior Court of Fulton County via a writ of certiorari.
(Ord. No. 10-06-65, § V, 6-25-2010)
Sec. 64-2456. - Maintenance of historic properties; Building and zoning code provision.
(a)
Ordinary maintenance or repair. Ordinary maintenance or repair of any exterior architectural or
environmental feature in or on a historic property to correct deterioration, decay, or to sustain the
existing form, and that does not involve a material change in design, material, or outer appearance
thereof, does not require a certificate of appropriateness.
(b)
Failure to provide ordinary maintenance or repair. Property owners of historic properties or
properties within historic districts shall not allow their buildings to deteriorate by failing to provide
ordinary maintenance or repair. The HPC shall be charged with the following responsibilities
regarding deterioration by neglect:
(1)
The HPC shall monitor the condition of historic properties and existing buildings in historic
districts to determine if they are being allowed to deteriorate by neglect. Such conditions
as broken windows, doors and openings which allow the elements and vermin to enter,
and the deterioration of a building's structural system shall constitute failure to provide
ordinary maintenance or repair.
(2)
In the event the HPC determines a failure to provide ordinary maintenance or repair, the
HPC will notify the owner of the property and set forth the steps which need to be taken to
remedy the situation. The owner of such property will have 30 days in which to do this. A
building permit may be required to accomplish the necessary remedial measures.
(3)
In the event that the condition is not remedied in 30 days, the owner shall be sanctioned
as provided in section 64-2457 of this article and, upon approval of the Milton City Council,
the HPC may perform such maintenance or repair as is necessary to prevent deterioration
by neglect. The owner of the property shall be liable for the cost of such maintenance and
repair performed by the HPC and shall reimburse the City of Milton for same. In the event
reimbursement does not occur, the Milton City Council shall have the right to recover
same using all available legal means, including the placement of liens on the property in
accordance with law.
(c)
Affirmation of existing building and zoning codes. Nothing in this article shall be construed as to
exempt property owners from complying with existing city or county building and zoning codes.
(Ord. No. 10-06-65, § VI, 6-25-2010)
Sec. 64-2457. - Penalty provisions.
A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each
day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive,
and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on
those persons or entities found to have violated this article:
(1)
The same penalties as set forth in the zoning chapter of the city for all violations of
requirements set forth in the said zoning chapter; or
(2)
The penalties set forth in chapter 12 of the Code of Ordinances of the city for nonzoning
violations.
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(3)
Restrictions on future development. If a historic property is demolished or relocated
without a certificate of appropriateness, or in the event the plans are changed for the
property from which the resource was removed without approval of the changed plans by
the HPC, then the following restrictions, in addition to any other penalties or remedies set
forth in this article, shall be applicable to the site where the structure or property was
formerly located:
a.
No building or other permits will be issued for construction on the site, with the
exception of a permit to restore such structure or property after obtaining a
certificate of appropriateness, for a period of five years after the date of such
demolition or removal.
b.
No permits shall be issued by the city for any curb cuts on the site for a period of
five years from and after the date of such demolition or removal.
c.
No parking lot for vehicles shall be operated whether for remuneration or not on
the site for a period of five years from and after the date of such demolition and
removal.
d.
The owner of the site shall maintain the site in a clean and orderly state and shall
properly maintain all existing trees and landscaping on the site. When these
restrictions become applicable to a particular site, the building official shall cause
to be filed a verified notice thereof in the Real Property Records of Fulton County
and such restrictions shall then be binding on future owners of the property.
(4)
Civil action. As an additional remedy in addition to the penalties stated above, the city
attorney for the City of Milton or his or her designee shall have the power to take all
necessary civil action to enforce the provisions hereof and to request appropriate legal or
equitable remedies or relief.
(Ord. No. 10-06-65, § VIII, 6-25-2010)
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-16
AN ORDINANCE TO AMEND SECTION CHAPTER 64, ARTICLE XVIII, OF THE CITY OF
MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO
AMEND THE HISTORIC PRESERVATION COMMISSION ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on October 17, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Chapter 64, Article XVIII, to amend
various portions of this article including definitions, size of the Historic Preservation
Commission, retaining outside professional help, and reducing the days to transmit decisions to
the Mayor and City Council is hereby adopted and approved; and is attached hereto as if fully set
forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 17th day of October, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Stacey Inglis, Finance Director
Date: October 3, 2011 City Council Meeting
Agenda Item: Approval of the Issuance of a Brown Bagging Permit to Just for Giggles
City Manager’s Office Recommendation:
Approve the issuance of a Brown Bagging Permit to Just for Giggles.
Background:
City of Milton Ordinance Chapter 4 allows for the issuance of Brown Bagging Permits to
businesses that properly submit application for and meet all the legal requirements to hold such
permit.
Discussion:
Staff has processed the application for the following business and recommends issuance of the
applicable permit:
Business Name: Just for Giggles
Owner(s) Name: Megan Jamison
Business Address: 12635 Crabapple Rd, Ste 250, Milton, GA 30004
Type of Permit to be Issued: Brown Bagging Permit
Concurrent Review:
Chris Lagerbloom, City Manager
Deb Harrell, Chief of Police
Kathy Field, Director of Community Development
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 11-03-173, A RESOLUTION
APPOINTING A BOARD MEMBER FOR DISTRICT 3 TO THE CITY OF MILTON
PARKS AND RECREATION ADVISORY BOARD
BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting
on October 3, 2011 at 6:00 p.m. as follows:
SECTION 1. That Sue Rekuc (District 3) is hereby appointed for a term commencing
October 3, 2011 and ending on December 31, 2013; and
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this 3rd day of October, 2011.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 11-05-176, A RESOLUTION
APPOINTING A MEMBER TO THE CITY OF MILTON DESIGN REVIEW BOARD
BY ADDING A BOARD MEMBER FOR DISTRICT 4
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
October 3, 2011 at 6:00 p.m. as follows:
SECTION 1. That ____________________ (District 4) is hereby appointed to fill the unexpired
term of Board member Vince Pisano commencing on October 3, 2011 and ending on December 31,
2011;
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this 3rd day of October, 2011.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_____________________________
Sudie AM Gordon, City Clerk
(Seal)