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 Highway 80 East (Macon Road), east of
Pratt-Whitney and west of PCI, from RE1 (Residential Estate 1) 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 RE1 (Residential Estate 1)
District to SFR3 (Single Family Residential 3) District:
Begin at an iron stake marking the intersection of the northwesterly line of
Macon Road and the northerly line of Land Lot 163, 9th District; thence running
S 60 degrees 11 minutes 06 seconds W, along the Northwesterly line of Macon
Road, 144.84 feet to a concrete monument; thence running southwesterly along
the arc of a counterclockwise curve (radius equals 2,087.27 feet), 527.02 feet
to a concrete monument; thence running S 45 degrees 43 minutes 06 seconds W,
along the Northwesterly line of Macon Road, 1,777.09 feet to a concrete
monument; thence running N 44 degrees 16 minutes 54 seconds W, where the
Northwesterly line of Macon Road widens, 70.82 feet to concrete monument;
thence running S 45 degrees 43 minutes 06 seconds W, along the Northwesterly
line of Macon Road, 89.18 feet to a concrete monument; thence leaving Macon
Road, N 02 degrees 24 minutes 08 seconds W, 1,849.64 feet to an iron stake;
thence N 87 degrees 25 minutes 08 seconds E, 1,660.81 feet to an iron stake;
thence easterly and southeasterly, along the arc of a clockwise curve (radius
equals 534.56 feet) 528.24 feet to a concrete monument on the Northwesterly
line of Macon Road; thence S 60 degrees 11 minutes 06 seconds W, along the
Northwesterly line of Macon Road, 123.87 feet to an iron stake at the point of
beginning.
The above-described property is being rezoned with the following conditions:
Restrictive covenants shall be required for the development.
1. A smoke disclosure statement shall be required in all home sales.
2. 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.
3. 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.
____________________
Introduced at a regular meeting of the Council of Columbus, Georgia held on the
30th day of May, 2006; introduced a second time at a regular meeting of said
Council held on the day of , 2006 and adopted at said
meeting by the affirmative vote of members of said Council.
Councilor Allen voting _______
Councilor Anthony voting _______
Councilor Davis voting _______
Councilor Henderson voting _______
Councilor Hunter voting _______
Councilor McDaniel voting _______
Councilor Pugh voting _______
Councilor Rodgers voting _______
Councilor Suber voting _______
Councilor Woodson voting _______
_____________________________ __________________________
TINY B. WASHINGTON ROBERT S. POYDASHEFF
CLERK OF COUNCIL MAYOR
SAMPLE SMOKE DISCLOSURE
Parcel ______________________ County _________________________________
Grantor (s) Name _____________________________________________
Grantor (s) Address _______________________________________
LEGAL DESCRIPTION:
In accordance with section XXXXX of the Land Use Ordinance for XXXXX County,
State of XXXXX, 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 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
SAMPLE NOISE EASEMENT
Parcel ________________________________County__________________________
Grantor (s) Name ____________________________________________________________
Grantor (s) Address
LEGAL DESCRIPTION:
In accordance with section XXXXX of the Land Use Ordinance for XXXXX County,
State of XXXXX, 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
Attachments
No attachments for this document.