Z-12-66 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Mark and Chris Senn, on behalf of Nixon Trust, requesting a modification 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 for Augusta, Georgia affecting property containing five land parcels totally 44.4 acres located on the northeast corner of the intersection of Walton Way Extension and Interstate 20. (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 DISTRICT 7 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. § 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. 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. 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.