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HomeMy WebLinkAboutORD 7369 AMENDING ZONING ORD BY CHANNGING THE ZONING BY MODIFYING OF CONDITIONS PLACED ON APPROXIMATELY 44 ACRES LAST ONE BEING Z-8-38(NEIGHBORHOOD BUSINESS)ORDINANCE NO. 7369 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 (Ordinance No. 5960) together with all amendments which have been approved by either the Augusta Commission as authorized under the Home Rule Provisions of the Comprehensive Zoning Map from Constitution of the State of Georgia" by changing the zoning by modifying of conditions placed on approximately 44 acres that were the subject of previous zoning cases, the last one being Z -08 -38 for B -1 (Neighborhood Business) with a Special Exception to allow individual buildings in a shopping center to exceed 15,000 square feet in area per Section 21 -2(a) of the Comprehensive Zoning Ordinance affecting property located on the northeast corner of the intersection of Walton Way Extension and Interstate 20; and for the repeal of ordinances in conflict herewith and for other purposes: THE AUGUSTA, GEORGIA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance adopted by the Board of Commissioners of Richmond County on the 15th day of November, 1983, the caption of which is set out above, is amended by changing the Comprehensive Zoning Map by modifying of conditions placed on approximately 44 acres that were the subject of previous zoning cases, the last one being Z -08 -38 for B -1 (Neighborhood Business) with a Special Exception to allow individual buildings in a shopping center to exceed 15,000 square feet in area per Section 21 -2(a) of the Comprehensive Zoning Ordinance affecting property as follows: Beginning at a point located on the northeast corner of the intersection of Walton Way Extension and Interstate 20; thence, in a northerly direction along the east right -of -way line of Walton Way Extension a distance of 790 feet, more or less, to a point located on the southeast corner of the intersection of Hebron Court and Walton Way Extension; thence, in a northeasterly direction along the southeast right -of -way line of Hebron Court a distance of 450 feet, more or less, to a point; thence, in a northeasterly direction a distance of 170 feet, more or less, to a point; thence, in a northerly direction a distance of 135 feet, more or less, to a point; thence, in an easterly direction a distance of 40 feet, more or less, to a point; thence; in a southeasterly direction a distance of 115 feet, more or less, to a point; thence, in an easterly direction a distance of 205 feet, more or less, to a point located on the centerline of Crane Creek; thence, in an easterly direction along the centerline of Crane Creek a distance of 1,900 feet, more or less, to a point; thence, in a southerly direction a distance of 680 feet, more or less, to a point located on the northwest right -of -way line of Interstate 20; thence, in a southwesterly direction along the northwest right -of -way line of Interstate 20 a distance of 2,870 feet, more or less, to the point of beginning. This property consists of five land parcels totally 44.4 acres ( Tax Map 016 -0- 055 -00 -0; 016 -0- 052 -01 -0, 016- 0 -052- 00-0; 016 -0 -051 -01 -0 and 016 -0- 051 -00 -0) SECTION II. This amendment to the Comprehensive Zoning Maps for Augusta, Georgia is subject to the following stipulations: 1. There shall be no development or other encroachment in the 100 year floodplain except for connections to sewer lines if necessary; 2. The only access to the property shall be a new intersection on Walton Way Extension in the vicinity of Hebron Court to be paid for by the developer of the subject property. This intersection shall also provide access to the apartment complex across Walton Way Extension. The intersection shall be signalized and the cost of equipment and installation shall be borne by the developer of the subject property. If a signal is determined not to be required by AASHTO standards at this new intersection based upon a traffic study provided by the developer and agreed upon by the City then the developer will put up a letter of credit in an amount to be determined by the City to cover the cost of signalization if it is deemed necessary within 3 years. 3. The only access to Walton Way Extension except at the new signalized intersection would be a right in -right out access point that serves the entire development. If out parcels fronting on Walton Way Extension are created there shall be no access easements placed on plats and deed of such parcels except for the one right in -right out access point. 4. Illumination at the rear of the complex is a potential impact that can be mitigated by the following: • A fence, wall or solid vegetative screen shall be located outside the entire floodplain at least six (6) feet in height above the ground elevation or elevation of any retaining wall or fill at that location. • . 6. That the Stormwater facility shall be built to accommodate a 100 year storm and release it at no more than 90% of the predevelopment rate. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. 2012. APPROVED THIS November 20, , 2012. Published in the 5. That the only development of this property other than development allowed in the R -1 and R -1A zones shall be a mixed use commercial and multiple- family residential use consistent with the concept plan presented in Z- 12 -66. If site plans for such development are not presented within two years of approval of the rezoning then the zoning of this property reverts to R -1A. If development of the property does not begin within three years of approval of the rezoning, then the zoning classification reverts to R -1A. • For building walls facing the floodplain on the creek side of the property, all building wall lights shall be directed down the building, not outward; • In the rear parking area there shall be full cutoff lighting that does not shine into the floodplain. Done in Open Meeting under the Common Seal thereof this 20 day of November Mayor ugsuta, Chroticile November 29, 2012 ,j)1 This petition was published in the Augusta Chronicle, Thursday, October 18 , 2012, by the Planning Commission for public hearing on Monday, November 5, 2012. ORDINANCE NO. 7369 An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta, Georgia Commission effective September 16, 1997 (Ordinance No. 5960) together with all amendments which have been approved by either the Augusta Commission as authorized under the Home Rule Provisions of the Comprehensive Zoning Map from Constitution of the State of Georgia" by changing the zoning by modifying of conditions placed on approximately 44 acres that were the subject of previous zoning cases, the last one being Z -08 -38 for B -1 (Neighborhood Business) with a Special Exception to allow individual buildings in a shopping center to exceed 15,000 square feet in area per Section 21 -2(a) of the Comprehensive Zoning Ordinance affecting property located on the northeast corner of the intersection of Walton Way Extension and Interstate 20; and for the repeal of ordinances in conflict herewith and for other purposes: THE AUGUSTA, GEORGIA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance adopted by the Board of Commissioners of Richmond County on the 15th day of November, 1983, the caption of which is set out above, is amended by changing the Comprehensive Zoning Map by modifying of conditions placed on approximately 44 acres that were the subject of previous zoning cases, the last one being Z -08 -38 for B -1 (Neighborhood Business) with a Special Exception to allow individual buildings in a shopping center to exceed 15,000 square feet in area per Section 21 -2(a) of the Comprehensive Zoning Ordinance affecting property as follows: Beginning at a point located on the northeast corner of the intersection of Walton Way Extension and Interstate 20; thence, in a northerly direction along the east right -of -way line of Walton Way Extension a distance of 790 feet, more or less, to a point located on the southeast corner of the intersection of Hebron Court and Walton Way Extension; thence, in a northeasterly direction along the southeast right -of -way line of Hebron Court a distance of 450 feet, more or less, to a point; thence, in a northeasterly direction a distance of 170 feet, more or less, to a point; thence, in a northerly direction a distance of 135 feet, more or less, to a point; thence, in an easterly direction a distance of 40 feet, more or less, to a point; thence; in a southeasterly direction a distance of 115 feet, more or less, to a point; thence, in an easterly direction a distance of 205 feet, more or less, to a point located on the centerline of Crane Creek; thence, in an easterly direction along the centerline of Crane Creek a distance of 1,900 feet, more or less, to a point; thence, in a southerly direction a distance of 680 feet, more or less, to a point located on the northwest right -of -way line of Interstate 20; thence, in a southwesterly direction along the northwest right -of -way line of Interstate 20 a distance of 2,870 feet, more or less, to the point of beginning. This property consists of five land parcels totally 44.4 acres ( Tax Map 016 -0- 055 -00 -0; 016 -0- 052 -01 -0, 016- 0 -052- 00-0; 016 -0- 051 -01 -0 and 016 -0- 051 -00 -0) SECTION II. This amendment to the Comprehensive Zoning Maps for Augusta, Georgia is subject to the following stipulations: 1. There shall be no development or other encroachment in the 100 year floodplain except for connections to sewer lines if necessary; 2. The only access to the property shall be a new intersection on Walton Way Extension in the vicinity of Hebron Court to be paid for by the developer of the subject property. This intersection shall also provide access to the apartment complex across Walton Way Extension. The intersection shall be signalized and the cost of equipment and installation shall be borne by the developer of the subject property. If a signal is determined not to be required by AASHTO standards at this new intersection based upon a traffic study provided by the developer and agreed upon by the City then the developer will put up a letter of credit in an amount to be determined by the City to cover the cost of signalization if it is deemed necessary within 3 years. 3. The only access to Walton Way Extension except at the new signalized intersection would be a right in -right out access point that serves the entire development. If out parcels fronting on Walton Way Extension are created there shall be no access easements placed on plats and deed of such parcels except for the one right in -right out access point. 4. Illumination at the rear of the complex is a potential impact that can be mitigated by the following: • A fence, wall or solid vegetative screen shall be located outside the entire floodplain at least six (6) feet in height above the ground elevation or elevation of any retaining wall or fill at that location. 2012. 5. That the only development of this property other than development allowed in the R -1 and R -1A zones shall be a mixed use commercial and multiple - family residential use consistent with the concept plan presented in Z- 12 -66. If site plans for such development are not presented within two years of approval of the rezoning then the zoning of this property reverts to R -1A. If development of the property does not begin within three years of approval of the rezoning, then the zoning classification reverts to R -1 A. 6. That the Stormwater facility shall be built to accommodate a 100 year storm and release it at no more than 90% of the predevelopment rate. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. APPROVED THIS November 20, , 2012. • For building walls facing the floodplain on the creek side of the property, all building wall lights shall be directed down the building, not outward; • In the rear parking area there shall be full cutoff lighting that does not shine into the floodplain. Done in Open Meeting under the Common Seal thereof this 20 day of November Mayor Published in the Augsuta.Cbrouncile November 29, 2012 This petition was published in the Augusta Chronicle, Thursday, October 18 , 2012, by the Planning Commission for public hearing on Monday, November 5, 2012.