Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

AN ORDINANCE

NO.



An Ordinance amending the Zoning Atlas of the Consolidated Government of

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

located on the north side of St. Mary?s Road, between Longwood Place and Dawson

Estates, from SFR2 (Single Family Residential 2) District to SFR3 (Single

Family Residential 3) 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 SFR2 (Single Family Residential

2) District to SFR3 (Single Family Residential 3) District:



All of that lot, tract and parcel of land, lying and being in Columbus,

Muscogee County, Georgia and containing 33.74 acres, more or less, and being

Parts of Land Lots 15 and 16, 9th District in said state and county, the

property hereby described being a part of what is shown as "42.95+- Acres" upon

a map or plat entitled "Map for C.C. Colbert, Part of Land Lots 15 & 16, 9th

District, Muscogee County, Georgia", dated May 12, 1948, made by G. B. Carr &

Co., Engineers, and recorded in Plat Book 4, Page 275A, in the Office of the

Clerk of the Superior Court of Muscogee County, Georgia and being more

particularly described as follows:



Beginning at an iron pin located on the Western line of Longwood Lane, a

distance of 303.21 feet as measured along said western line of Longwood Lane

from an iron pin located at the corner formed by the intersection of the

Northwestern line of Longwood Lane and the Northeastern line of St. Mary's

Road; and from said point of beginning thence run North 13 degrees 18 minutes

15 seconds East, a distance of 147.0 feet to an iron pin located on said right

of way line of Longwood Lane; thence run South 76 degrees 41 minutes 45 seconds

East along the right of way line of said Longwood Lane, a distance of 60 feet

to an iron pin located on the Eastern line of Longwood Lane, which iron pin is

also the Northernmost corner of Lot 22, Block "A", Section 2, Longwood Place;

thence run South 56 degrees 11 minutes 45 seconds East along the rear lot lines

of Lots 22, 21, 20, 19, 18, 17, 16, Block "A" of said Section 2 Longwood Place,

for a distance of 636.81 feet to an iron pin located on the Easternmost line of

Lot 16, Block "A", of said Section 2, Longwood Place; thence run North 14

degrees 24 minutes East, a distance of 848.45 feet to an iron pin located on

the Land Lot Line dividing Land Lot 15 from Land Lot 16 of the 9th District of

Muscogee County, Georgia, which is also the southern line of Block "D", Section

Two, Dawson Estates; thence run South 88 degrees, 45 minutes West along said

Land Lot line and along the Southern line of Block "D", Section Two, Dawson

Estates, 212.96 feet, more or less, to a point located on said Land Lot line,

which point is also the Southwestern corner of said Lot 65, Block "D" of

Section Two, Dawson Estates; thence run North 3 degrees 10 minutes West, along

the Western line of said Lot 65, Block "D", Section Two, Dawson Estates, the

Western end line segment of Eisenhower Avenue, the Western lines of Lots 19,

18, 17, 16, 15, 14, 13 and 12, Block "B", Section Two, Dawson Estates, for a

distance of 1,124.5 feet, more or less, to an iron pin located at the

Northwestern corner of said Lot 12 of Block "B", Section Two, Dawson Estates,

which point is also located on the Southern line of Lot 10 of said Block "B",

Section Two, Dawson Estates; thence run South 86 degrees 30 minutes West, along

the Southern line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, 1, of Block "B" of said

Section Two, Dawson Estates, and along the southern right of way line of

Kennedy Court, for a distance of 845.5 feet to an iron pin located on the

Western line of Kennedy Court; thence run South 3 degrees 10 minutes East, a

distance of 1,594.81 feet to an iron pin located at the Northwesternmost corner

of Lot 3 of Block "B", Section 2, Longwood Place; thence run South 76 degrees

53 minutes 41 seconds East along the Northern line of said Lot 3, for a

distance of 215.53 feet to an iron pin located on the Western line of Longwood

Drive, which is also the point of beginning of the property herein described.



This property herein described is all of the property shown on the above

referenced plat recorded in Plat Book 4, at page 275A, in said Clerk's office,

less and except, all of the lots and streets located in Section One and Section

Two of Longwood Place Subdivision as shown on the subdivision plats recorded in

Plat Book 104, at page 100, and Plat Book 110, at page 26B, respectively, in

said Clerk's office.



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



Restrictive covenants shall be required for the development.

A smoke disclosure statement shall be required in all home sales. The

requirement for the disclosure shall be included in the restrictive covenants

of said development. A sample smoke disclosure statement is attached to this

ordinance and a completed smoke disclosure statement shall be filed by the

developer or subsequent grantor with the Clerk of Council and the Clerk of

Superior Court.

A noise disclosure statement shall be required in all home sales. The

requirement for the disclosure shall be included in the restrictive covenants

of said development. A sample noise disclosure statement is attached to this

ordinance and a completed noise disclosure statement shall be filed by the

developer or subsequent grantor with the Clerk of Council and the Clerk of

Superior Court.

The proposed development shall connect a street to the stubbed-out street of

the new Woodruff development to the east.

All lots adjacent to existing structures on property zoned SFR2 shall have

minimum lot width of 75 feet and developers shall be limited to a maximum of

103 lots.

____________________



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

the 13th day of March, 2007; introduced a second time at a regular meeting of

said Council held on the day of __ , 2007 and adopted at

said meeting by the affirmative vote of members of said Council.



Councilor Allen voting _______

Councilor Anthony voting _______

Councilor Baker voting _______

Councilor Barnes voting _______

Councilor Davis voting _______

Councilor Henderson voting _______

Councilor Hunter voting _______

Councilor McDaniel voting _______

Councilor Pugh voting _______ Councilor Woodson voting

_______







__________________________ _________________________

TINY B. WASHINGTON JIM WETHERINGTON

CLERK OF COUNCIL MAYOR











SAMPLE SMOKE DISCLOSURE



Parcel ______________________

County _____________________

Grantor (s) Name ___________________________________________

Grantor (s) Address _________________________________________



LEGAL DESCRIPTION:



In accordance with section ________ of the Land Use Ordinance for Columbus,

Muscogee County, Georgia, furnish a full disclosure to the owners and potential

owners of the above described property adjacent as follows:

* The Grantors, their heirs, successors, and assigns acknowledge this

disclosure that the described property is situated in a area that may be

subjected to conditions resulting from military training and land management

activities at Fort Benning. Such conditions include prescribed burning and

wildfires generated from other accepted and customary military training

activities. These activities could produce smoke and other conditions that may

conflict with Grantors' use of Grantors' property for residential purposes.

Grantors hereby waive all common law rights to object to normal and necessary

military training activities legally conducted on adjacent Fort Benning which

may conflict with Grantors' use of Grantors' property for residential, and

other purposes, and Grantors hereby acknowledge the existence of Fort Benning's

activities.

*. Nothing in this disclosure shall grant a right to Fort Benning for ingress

or egress upon or across the described property. Nothing in this disclosure

shall prohibit or otherwise restrict the Grantors from enforcing or seeking

enforcement of statues or regulations of governmental agencies for activities

conducted on adjacent properties.

*. This disclosure is appurtenant to all property adjacent to the above

described property and shall bind to the heirs, successors, and assigns of

Grantors and shall endure for the benefit of the adjoined Fort Benning. The

Fort Benning is hereby expressly granted the right of third party enforcement

of the disclosure.



IN WITNESS WHEREOF, the Grantors have executed this easement dated this _____

day of ____________ ,20____.





______________________________________

Grantor







______________________________________

Grantor









SAMPLE NOISE EASEMENT



Parcel ________________________________

County _______________________________

Grantor (s) Name _____________________________________________________

Grantor (s) Address ___________________________________________________



LEGAL DESCRIPTION:



In accordance with section ________ of the Land Use Ordinance for Columbus,

Muscogee County, Georgia, approving a permit for residential development on the

above-described property, and in consideration of such approval, Grantors grant

to the owners of all property adjacent to the above described property, a

perpetual nonexclusive easement as follows:

* The Grantors, their heirs, successors, and assigns acknowledge by the

granting of this easement that the residential development is situated in a

area that may be subjected to conditions resulting from military training at

Fort Benning. Such conditions include the firing of small and large caliber

weapons, the overflight of both fixed-wing and rotary ?wing aircraft, the

movement of vehicles, the use of generators, and other accepted and customary

military training activities. These activities ordinarily and necessarily

produce noise, dust, smoke and other conditions that may conflict with

Grantors' use of Grantors' property for residential purposes. Grantors hereby

waive all common law rights to object to normal and necessary military training

activities legally conducted on adjacent Fort Benning which may conflict with

Grantors' use of Grantors' property for residential and other purposes, and

Grantors hereby grant an easement to the adjacent Fort Benning for such

activities.

* Nothing in this easement shall grant a right to Fort Benning for ingress or

egress upon or across the described property. Nothing in this easement shall

prohibit or otherwise restrict the Grantors from enforcing or seeking

enforcement of statues or regulations of governmental agencies for activities

conducted on adjacent properties.

* This easement is appurtenant to all property adjacent to the above-described

property and shall bind to the heirs, successors, and assigns of Grantors and

shall endure for the benefit of the adjoined Fort Benning. The Fort Benning is

hereby expressly granted the right of third party enforcement of the easement.



IN WITNESS WHEREOF, the Grantors have executed this easement dated this ________

day of ___________ ,20_____.







__________________________________________

Grantor







__________________________________________

Grantor



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