HomeMy WebLinkAboutORDINANCE NO 12 08 142L STATE OF GEORGIA ORDINANCE NO. 12-08-142
COUNTY OF FULTON HD12-01
AN ORDINANCE TO DESIGNATE HARDEMAN COUNTRY STORE 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 20th day of August, 2012 as follows:
l 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 (HHPC
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
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L 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
l 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;
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 structurel representative of an era, or one of the few remaining examples of a past
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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.
Physical Boundary Description
AU mAT TllACT 01. ,;.aca Of !...AND 1)''' ... btu. In Lad lAc H4 01 dIo
2nd DiIIric'I.. 2M s.cclm. f!lbioa CourIJ. Goar~MlIIC OJl4O __ 111_. IWwI 1on Site
PIa &w The MilIcoI !!lin b)' De_WA. Bwrc E..~.t s..r..,0I:I, IQ<:~ Da\oid It... B........
Oeoqia ~Lad Swvf)or .... 1911', daIOd J_ -'. 200'1. bellll monl J*lIoulufy
de.ri....rolJoour.:
8f!Ol'NNlNO • poInI of ~on 'M dIo ~rillh!.oOf'...., line ollbamp..... R-a
(MJ.roa. ",,-of......,.) ... die 1MI'IIIoo~ ~..., line ol .....-11 Ita..t (4o.roat
Ii..............,.); IIliII'IIlII ~.... Iht ---tr .. 0( t""'""'U Ita..t Soulh 24..-16 MIn... Q9 ___ WCIl a 4bIancc or 105.03 _ ...............iIItI ...
......f~IIIIIC orHoplwdI RoId, l4oftII7t..",..:U __52 ~WCIII a di___ of
290.97 fen ••iroa pin ro.d; ....NardI 61 d.... 10 ....... 12 -=-b WCIII. di......
oll9b9 I'NI • a poll&; ....... Ncri 6D ..... .u __ 57 --so W............ or
29.'7 r. •• pcAI1I:; ~NonIl 21 ..,.. 14 ........ -...do WftII • di_ of
35.46'" •• pol... ~NonIl 10 depva 44 IIIiauIIn 21 ..... WftII • ell.-of
190.41 bt •• poiIII; ~NQIGa af d..-. 15 ....... II ..... EB. oIi_ at 46.00
rHl ••poiBI_" riIhI-of--., line or............ a....I; dIonoI ...... die ritjIt ............ liM of
't'boaIpIOII .... So4IdII2 .....G6 ..u-. 14 ...... r-a dilllmclof 0111'.:10 fell '" •
poIm; ....... CICIIIdauint ..... 1M ...........,. Ilae ol l'1anpIaI IIaod Soulh 12 de.-
Oi min.-"1CcmciI f.-a .....0( IlI.41 r..;....,. ~......righl-of·WI)'
..of 'IlIompIoft Rtw:I SoudIIO ..... II ....... 05 ...... "-II a disIanc>e or 11).41 fClOt
IIIId Ihc POINT Of BEOINNINO.
PARCEL 1 (STORE)
SECTION 3 HISTORIC PROPERTY AND OWNERSHIP THEREOF
The owner of the property located at 15260 Hopewell Road, which is to be locally
designated as historic, is shown on the current tax records to be Reunion Park,
LLC.
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L 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
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 for a Certificate of
Appropriateness has been submitted to and approved by the City of Milton
Historic Preservation Commission.
SECTION 6 REPEAL OF CONFLICTING PROVISIONS
l 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.
SECTION 8 EFFECTIVE DATE
The effective date of this Ordinance shall be upon approval by the Council of the
City of Milton, Georgia.
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SO ORDAINED this 20th day of August, 2012. L
Approved:
Attest:
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