Columbus, Georgia

AN ORDINANCE



NO.





An Ordinance amending the Zoning Atlas of the Consolidated Government

of Columbus, Georgia; this amendment changing certain boundaries of a district

located at 2472 Martha?s Loop from R-1A (Low Density Residential) District to

A-0 (Apartment-Office ) District.



THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY ORDAINS:



That the Zoning Atlas on file with the Planning Division of

the Department of Community and Economic Development be, and the same is hereby

amended by changing the following described property from R-1A (Low Density

Residential) District to A-0 (Apartment-Office ) District.





All those lots, tracts or parcels of land situate, lying and being in Columbus,

Muscogee County, Georgia, and being known and designated as ALL OF LOTS ONE (1)

AND TWO (2) and PART OF LOTS THREE (3), FOUR (4), AND FIVE (5), BLOCK ?C?,

EDGEWOOD SUBDIVISION, as said Lots are shown upon a map or plat of said

Subdivision dated April 17, 1929, and being recorded in Deed Book 90, Page 26

of the records in the office of the Clerk of Superior Court of Muscogee County,

Georgia, and being more particularly described as follows:



Commence at a concrete monument located at the southern most terminus of the

mitered intersection of the easterly right-of-way line of Macon Road and the

northerly right-of-way line of Martha?s Loop (50-foot right-of-way); run thence

North 12 degrees 38 minutes East along the mitered intersection of the easterly

right-of-way line of Macon Road and the northerly right-of-way line of Martha?s

Loop for a distance of 26.76 feet to a concrete monument; run thence North 40

degrees 11 minutes East along the easterly right-of-way line of Macon Road for

a distance of 215.70 feet to a concrete monument, which monument is located at

the southern most terminus of the mitered intersection of the easterly

right-of-way line of Macon Road and the southwesterly right-of-way line of Elm

Drive; run thence North 82 degrees 05 minutes East along the mitered

intersection of the easterly right-of-way line of Macon Road and the

southwesterly right-of-way line of Elm Drive for a distance of 59.80 feet to a

concrete monument; run thence South 56 degrees 40 minutes East along the

southwesterly right-of-way line of Elm Drive for a distance of 122.77 feet to a

concrete monument; run thence in a northeasterly and counterclockwise direction

along the curving southwesterly right-of-way line of Elm Drive (said curve

having a radius of 282.65 feet) for an arc distance of 59.16 feet to an iron

stake; run thence South 30 degrees 39 minutes West for a distance of 318.76

feet to an iron stake located on the northerly right-of-way line of Martha?s

Loop; run thence North 49 degrees 17 minutes West along the northerly right-of

way line of Martha?s Loop for a distance of 261.80 feet to the point of

beginning.



The above described property is being rezoned with the following conditions:



1. The developer shall widen Martha?s Loop to the standard 30' urban section on

the portion of Martha?s Loop abutting the property requested for rezoning.

2. The commercial driveway on Martha?s Loop shall be located a minimum of 80

feet from the south curb of Macon Road.

3. A right turn deceleration lane shall be provided on Elm Driveby the

developer.

4. A 40 foot vegetative sloped buffer shall be installed and maintained

substantially in conformity with the buffer depicted in Exhibit C immediately

to the north and south of the rear property line provided by means of a deed

restriction on the adjoining property and more particularly described in

Exhibit D attached hereto and incorporated by this reference (?adjoining

property?). This 40 foot vegetative sloped buffer shall include a minimum of

six evergreen trees of not less than 4 inches in diameter at time of planting

as determined by the City Arborist per 100 linear feet across the top of the

slope and shall include a minimum of six canopy trees of a species with

potential for height of greater than 35 feet at maturity and a minimum of six

understory trees of a species with potential for height of less than 35 feet at

maturity per 100 linear feet across said buffer.

5. The property shall be restricted to office and retail uses permitted under

the A-O zoning district.

6. All lighting shall be directed internally.

7. No externally loaded trash dumpsters shall be used on this site.

8. A stormwater runoff / drainage plan which reduces water velocity as it

leaves the site and drains into the drainage ditch south of the property

substantially consistent with the concept and site plans submitted by the

developer to the City Engineer?s Office prior to June 6, 2000, and which meets

all codes and is in conformity with good design practice, shall be submitted to

the City Engineer for the latter?s approval prior to the issuance of a site

development plan or a building permit.

9. The developer shall construct a 6 foot wooden fence immediately to the north

of the buffer referenced in No. 4 above.

10. The Martha?s Loop driveway shall be restricted to a right turn out only

egress with channeling to be constructed by the developer at the driveway exit

to the specifications of the City Engineer.

11. The drugstore shall be no more than 13,690 square feet.

12. No more than 74 parking spaces shall be required for the proposed

development.

13. If the Subject Property is to be used as a full service drugstore with a

drive through, it shall be developed in substantial conformity with the revised

site plan prepared by Planners and Engineers Collaborative and dated October

23, 2001 attached hereto as Exhibit C.

14. The developer shall clean all debris and fallen trees out of the drainage

ditch to the south of the rear property line of the Subject Property from said

property line on both sides of the ditch a distance of 175 feet and install

rock check dams approximately 2 feet in height at intervals of 50, 100, and

150 feet south of said rear property line.

15. The developer shall redirect the outfall from the pipe coming into the

property from across Martha?s Loop and draining into the drainage ditch on the

Subject Property, such that erosion in the drainage ditch is ameliorated.

16. Improvements, as determined by the City Engineer, to the drainage ditch

south of the Subject Property?s rear property line shall be made a distance of

30 feet.

17. The owner or developer will secure additional property to the south of the

rear property line of the Subject Property, which by deed restriction will

allow for additional vegetative buffer south of said property line, to include

that area between the property line of the Subject Property and the property

line of property owned by Jack Cadena. During development of the Subject

Property no trees shall be removed from this area without prior approval of the

City Engineer and notification to Jack Cadena. Any trees removed shall be

replaced as required by the City Arborist. Any replacement trees shall be no

less than 4 inches in diameter.



__________



Introduced at a regular meeting of the Council of Columbus, Georgia

held on the day of

, 2002; introduced a second time at a regular meeting

of said Council held on the ______ day of , 2002 and

adopted at said meeting by the affirmative vote of members of said

Council.





Councilor Allen voting __________.

Councilor Henderson voting __________.

Councilor Hunter voting __________.

Councilor McDaniel voting __________.

Councilor Poydasheff voting __________.

Councilor Rodgers voting __________.

Councilor Smith voting __________.

Councilor Suber voting __________.

Councilor Turner Pugh voting __________.

Councilor Woodson voting __________.









_________________________________ ____________________________

Tiny B. Washington Bobby G. Peters

Clerk of Council Mayor