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 at 6017, 6219, 6227, and 6251 Buena Vista Road and property along the

southern border of Georgetown Elementary 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:



Commencing at the intersection of the north right-of-way line of Buena Vista

and Land Lots 20 and 45 and running east a distance of 61.36 feet to a point

along said right-of-way that marks the POINT OF BEGINNING; thence running north

a distance of 544.46 feet to an iron pin; thence running north a distance of

209.0 feet to an iron pin; thence running east a distance of 794.0 feet to an

iron pin; thence running south a distance of 43.0 feet to a point; thence

running south a distance of 365.0 feet to a point; thence running north a

distance of 115.0 feet to a point; thence running south a distance of 205.25

feet to a point; thence running south a distance of 431.0 feet to a point along

the north right-of-way line of Buena Vista Road; thence running north a

distance of 55.12 feet to a point; thence running west a distance of 17.51 feet

to a point; thence running south a distance of 55.12 feet to a point; thence

running west a distance of 152.0 feet to a point along the north right-of-way

line of Buena Vista Road; thence running north a distance of 55.12 feet to a

point; thence running west a distance of 30.84 feet to a point; thence running

south a distance of 55.12 feet to a point; thence running west a distance of

207.70 feet to a point along the north right-of-way line of Buena Vista Road;

thence running north 281.03 feet to an iron pin; thence running west a distance

of 155.0 feet to an iron pin; thence running south a distance of 215.98 feet to

an iron pin; thence running south a distance of 100.0 feet to a point; thence

running south a distance of 8.53 feet to a point; thence running west a

distance of 28.0 feet to a point along the north right-of-way line of Buena

Vista Road; thence running north a distance of 55.12 feet to a point; thence

running west a distance of 30.84 feet to a point; thence running south a

distance of 55.12 feet to a point; thence running 220.34 feet to a point along

the north right-of-way line of Buena Vista Road which marks the POINT OF

BEGINNING.



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



1. Front setbacks shall have a minimum setback line of fifteen (15) feet.

2. Restrictive covenants shall be required for the development.

3. 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.

4. 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.

5. Future construction shall meet the requirements of General Storm Water

Permit, including compliance with the National Pollutant Discharge and

Elimination System (NPDES) permitting and implementation of best management

practices.



____________________





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

held on the 10th day of October, 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 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 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



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