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 east side of Old Cusseta Road, bordering Fort Benning, from SFR2
(Single Family Residential) and GC (General Commercial) Districts to RMF2
(Residential Multi-Family 2) 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) and GC (General Commercial) Districts to RMF2 (Residential
Multi-Family 2) District:
PART OF LAND LOT 5, 7TH DISTRICT, COLUMBUS, MUSCOGEE COUNTY, GEORGIA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EASTERLY R.O.W. LINE OF OLD CUSSETA ROAD
WITH THE SOUTH LINE OF LAND LOT 5, 7TH DISTRICT, AND RUN THENCE SOUTH 88
DEGREES 52 MINUTES 10 SECONDS EAST ALONG THE SOUTH LINE OF LAND LOT 5, 7TH
DISTRICT, A DISTANCE OF 289.18 FEET, TO THE POINT OF BEGINNING; FROM SAID POINT
OF BEGINNING RUN THENCE NORTH 12 DEGREES 12 MINUTES 54 SECONDS WEST A DISTANCE
OF 342.68 FEET; THENCE RUN NORTH 52 DEGREES 59 MINUTES 45 SECONDS EAST A
DISTANCE OF 861.24 FEET; THENCE RUN NORTH 37 DEGREES 00 MINUTES 15 SECONDS WEST
A DISTANCE OF 130.00 FEET; THENCE RUN NORTH 52 DEGREES 59 MINUTES 45 SECONDS
EAST A DISTANCE OF 144.17 FEET; THENCE RUN ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 330.00 FEET AN ARC DISTANCE OF 155.19 FEET: THENCE RUN NORTH 32
DEGREES 59 MINUTES 45 SECONDS EAST A DISTANCE OF 251.35 FEET; THENCE RUN ALONG
A CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET, AN ARC DISTANCE OF 188.49
FEET; THENCE RUN NORTH 72 DEGREES 59 MINUTES 45 SECONDS EAST A DISTANCE OF
49.79 FEET; THENCE RUN SOUTH 16 DEGREES 49 MINUTES 20 SECONDS EAST A DISTANCE
OF 1,543.59 FEET TO THE SOUTH LINE OF LAND LOT 5, 7TH DISTRICT; THENCE RUN
NORTH 88 DEGREES 52 MINUTES 06 SECONDS WEST ALONG THE SOUTH LINE OF LAND LOT 5,
7TH DISTRICT, A DISTANCE OF 1,457.81 FEET TO THE POINT OF BEGINNING.
The above-described property is being rezoned with the following conditions:
1. 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.
2. A smoke disclosure statement shall be required in all lease agreements. 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 lease agreements. 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 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__
_________________________________
Leasor
_________________________________
Leasee
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___
_________________________________________________
Leasor
_________________________________________________
Leasee
Attachments
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