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 6427 Buena Vista Road 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 that lot, tract or parcel of land situate, lying and being in Part of land
Lots 44 and 53, 9th District, Columbus, Muscogee County, Georgia and being
known and designated as ALL OF LOT 1516 and more particularly described on that
certain map or plat entitled ?Replat of Part of Lots 15 & 16, Clements Property
and Lot 140, Part of Land Lots 44 & 53, 9th District, Columbus, Muscogee
County, Georgia? dated August 17, 2005, prepared by Hobbs, Smith, & Assoc.,
Inc. and filed in Plat Book 155, Page 84 of the records in the Clerk of the
Superior County of Muscogee County, Georgia.
The above-described property is being rezoned with the following conditions:
1. Restrictive covenants shall be required for the development.
2. 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.
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 ???11th day of July, 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 ___________, 2006.
__________________________________________________________
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 ___________ , 2006.
___________________________________
Grantor
___________________________________
Grantor
Attachments
No attachments for this document.