Section 105-119; Ord. 18019; Extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the southwest side of U.S. Highway 63 and on the north side of Gans Road


Ordinance No.        018019                        Council Bill No.       B 20-04 (A)      

AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the southwest side of U.S. Highway 63 and on the north side of Gans Road; directing the City Clerk to give notice of the annexation; placing the property annexed in Districts PUD-1, PUD-3, PUD-4, O-P, C-P and C-3; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The City Council hereby finds that a verified petition was filed with the City on November 13, 2003, requesting the annexation of land which is contiguous and compact to the existing corporate limits of the City and which is described in Section 4 of this ordinance. This petition was signed by B. Daniel Simon, attorney representing The Ella M. Philips Family Partnership, L.L.L.P. et al., the owners of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on January 20, 2004.  Notice of this hearing was published more than seven days prior to the hearing in two newspapers of general circulation qualified to publish legal matters.  At the public hearing all interested persons, corporations and political subdivisions were permitted to present evidence regarding the proposed annexation.

    SECTION 2.  The Council determines that the annexation is reasonable and necessary to the proper development of the City and that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time.

    SECTION 3.  The Council determines that no written objection to the proposed annexation has been filed within fourteen days after the public hearing.

    SECTION 4.  The City Council hereby extends the city limits by annexing the land described in Section 1-11.125 of the Code of Ordinances of the City of Columbia, Missouri, which is hereby added to Chapter 1 of the City Code and which reads as follows:

    Section 1-11.125. March, 2004 Extension of Corporate Limits.

The corporate limits of the City of Columbia shall include the following land:

A TRACT OF LAND LOCATED IN SECTION 32 AND THE WEST HALF OF SECTION 33, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING THE LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SECTION 32-48-12, AS SHOWN IN LAND CORNER DOCUMENT NUMBER 600-45061; THENCE WITH THE WEST LINE OF SAID SECTION 32, N1°43’15"E, 42.29 FEET TO THE NORTH RIGHT-OF-WAY LINE GANS ROAD, THENCE CONTINUING WITH SAID SECTION LINE, N1°43’15"E, 132 0.30 FEET TO THE SOUTHWEST CORNER OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1260, PAGE 579; THENCE LEAVING SAID SECTION LINE, AND WITH THE LINES OF SAID TRACT, S89°54’40"E, 1322.77 FEET; THENCE N1°23’20"E, 396.00 FEET TO THE NORTHWEST CORNER OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 224, PAGE 516; THENCE WITH THE NORTH LINE THEREOF S89°54’40"E, 1330.68 FEET TO THE QUARTER SECTION LINE OF SECTION 32-48-12; THENCE WITH SAID QUARTER SECTION LINE, N1°36’10"E, 2436.09 FEET TO THE SOUTH LINE OF THE SURVEY RECORDED IN BOOK 253, PAGE 193; THENCE LEAVING SAID QUARTER SECTION LINE AND WITH THE LINES OF SAID SURVEY S88°05’25"E, 383.04 FEET; THENCE N39°12’15"E, 1032.82 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE CONTINUING N39°12’15"E, 175.0 FEET TO THE CENTERLINE OF THE OLD COLUMBIA AND JEFFERSON CITY GRAVEL ROAD;  THENCE WITH THE CENTERLINE OF SAID GRAVEL ROAD, S49°54’10"E, 1403.3 FEET;  THENCE CONTINUING WITH THE CENTERLINE OF SAID GRAVEL ROAD, S49°58’E, 2500.5 FEET;  THENCE S45E, 429.0 FEET; THENCE S35E, 620.4 FEET;  THENCE S35°16’E, 665.1 TO THE NORTHEAST CORNER OF GANS CREEK SUBDIVISION BLOCK 1, RECORDED IN PLAT BOOK 12, PAGE 90; THENCE LEAVING THE CENTERLINE OF AFORESAID COLUMBIA  AND JEFFERSON CITY GRAVEL ROAD AND WITH THE LINES OF SAID SUBDIVISION AND THE CENTERLINE OF GANS CREEK ROAD, S25°02’00"W, 438.12 FEET; THENCE S47°03’00"W, 776.63 FEET; THENCE S58°48’00"W, 233.24 FEET; THENCE S41°53’00"W, 202.38 FEET; THENCE S53°47’00"W, 31.19 FEET; THENCE CONTINUING WITH THE CENTERLINE OF GANS CREEK ROAD S53°46’30"W, 316.72 FEET TO THE SOUTH LINE OF SECTION 33; THENCE LEAVING SAID CENTERLINE AND WITH THE SOUTH LINE OF SAID SECTION, N88°45’20"W, 1306.92 FEET TO THE SOUTHWEST CORNER THEREOF AND THE SOUTHEAST CORNER OF SECTION 32; THENCE WITH THE SOUTH LINE OF SECTION 32, N88°53’05"W, 5309.72 FEET TO THE POINT OF BEGINNING AND CONTAINING 528 ACRES MORE OR LESS.

    SECTION 5.  The City Clerk is hereby authorized and directed to cause three certified copies of this ordinance to be filed with the Clerk of Boone County, Missouri.  The City Clerk is further authorized and directed to forward to the Missouri Department of Revenue, by registered or certified mail, a certified copy of this ordinance and a map of the City clearly showing the area annexed to the City.

    SECTION 6.  The property described in Section 4 is in the Sixth Ward.

    SECTION 7.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 1

A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 32-48-12, AS SHOWN IN LAND CORNER DOCUMENT NUMBER 600-45061; THENCE WITH THE WEST LINE OF SAID SECTION 32, N1°43’15"E, 42.29 FEET TO THE NORTH RIGHT-OF-WAY GANS ROAD, THE POINT OF BEGINNING:

THENCE FROM THE POINT OF BEGINNING, CONTINUING WITH SAID SECTION LINE, N1°43’15"E, 1320.30 FEET TO THE SOUTHWEST CORNER OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1260, PAGE 579; THENCE LEAVING SAID SECTION LINE AND WITH THE LINES OF SAID TRACT, S89°54’40"E, 341.30 FEET; THENCE LEAVING THE LINES OF SAID TRACT, S34°01’35"E, 677.11 FEET; THENCE S74°26’15"E, 481.61 FEET; THENCE S6°06’10"E, 371.09 FEET; THENCE S53°05’25"E, 458.66 FEET TO THE NORTH RIGHT-OF-WAY LINE OF GANS ROAD; THENCE WITH SAID RIGHT-OF-WAY, N88°48’55"W, 777.85 FEET; THENCE 420.97 FEET ALONG A 5025.35-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD S88°47’05"W, 420.85 FEET; THENCE S86°23’05"W, 340.04 FEET; THENCE 44.51 FEET ALONG A 30.00 FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD N51°06’50"W, 40.54 FEET; THENCE N8°36’50"W, 13.50 FEET; THENCE S81°23’10"W, 59.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 29.10 ACRES.

will be zoned and become a part of District PUD-1 (Planned Unit Development) with a development density not exceeding one dwelling unit per acre.  The property, designated as Tract 1, may be used for all permitted uses in District R-1; detached conventional, clustered or zero lot line homes; and schools and churches.  Except as modified by this ordinance, the zoning of this tract is subject to all conditions, requirements and restrictions set forth under “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit A which is attached to and made a part of this ordinance.

    SECTION 8.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 2

A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 32-48-12, AS SHOWN IN LAND CORNER DOCUMENT NUMBER 600-45061; THENCE WITH THE WEST LINE OF SAID SECTION 32, N1°43’15"E, 1362.59 FEET TO THE SOUTHWEST CORNER OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1260, PAGE 579; THENCE LEAVING SAID SECTION LINE AND WITH THE LINES OF SAID TRACT, S89°54’40"E, 341.30 FEET, BEING THE POINT OF BEGINNING:

THENCE FROM THE POINT OF BEGINNING, CONTINUING S89°54’40"E, 981.47; THENCE N1°23’20"E, 396.00 FEET TO THE NORTHWEST CORNER OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 224, PAGE 516; THENCE WITH THE NORTH LINE THEREOF, S89°54’40"E, 1330.68 FEET TO THE QUARTER SECTION LINE OF SAID SECTION 32-48-12; THENCE WITH SAID QUARTER SECTION LINE, S1°36’10"W, 219.31 FEET; THENCE LEAVING SAID QUARTER SECTION, 490.40 FEET ALONG A 967.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S12°55’20"E, 485.17 FEET; THENCE S27°27’05"E, 642.64 FEET; THENCE 516.28 FEET ALONG A 1033.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S13°08’00"E, 510.93 FEET TO THE NORTH RIGHT-OF-WAY LINE OF GANS ROAD AS DESCRIBED IN THE CONDEMNATION CASE NUMBER 00CV164394; THENCE WITH SAID RIGHT-OF-WAY, N88°48’55"W, 1587.72 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, N53°05’25"W, 458.66 FEET; THENCE N6°06’10"W, 371.09 FEET; THENCE N74°26’15"W, 481.61 FEET; THENCE N34°01’35"W, 677.11 FEET TO THE POINT OF BEGINNING AND CONTAINING 74.12 ACRES.

will be zoned and become a part of District PUD-3 (Planned Unit Development) with a development density not exceeding three dwelling units per acre.  The property, designated as Tract 2, may be used for all permitted uses in District R-1; detached conventional, clustered or zero lot line homes; attached zero lot line townhouses; and schools and churches.  Except as modified by this ordinance, the zoning of this tract is subject to all conditions, requirements and restrictions set forth under “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit B which is attached to and made a part of this ordinance.

    SECTION 9.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 3

A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 32-48-12 AS SHOWN IN LAND CORNER DOCUMENT NUMBER 600-45061; THENCE WITH THE WEST LINE OF SAID SECTION 32, N1°43’15"E, 1362.59 FEET TO THE SOUTHWEST CORNER OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1260, PAGE 579; THENCE LEAVING SAID SECTION LINE AND WITH THE LINES OF SAID TRACT, S89°54’40"E, 1322.77 FEET; THENCE N1°23’20"E, 396.00 FEET TO THE NORTHWEST CORNER OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 224, PAGE 516; THENCE WITH THE NORTH LINE THEREOF S89°54’40"E, 1330.68 FEET TO THE QUARTER SECTION LINE OF SECTION 32-48-12, THE POINT OF BEGINNING:

THENCE FROM THE POINT OF BEGINNING AND WITH SAID QUARTER SECTION LINE, N1°36’10"E, 2436.09 FEET TO THE SOUTH LINE OF THE SURVEY RECORDED IN BOOK 253, PAGE 193; THENCE LEAVING SAID QUARTER SECTION LINE AND WITH THE LINES OF SAID SURVEY, S88°05’25"E, 383.04 FEET; THENCE N39°12’15"E, 501.00 FEET; THENCE LEAVING THE LINES OF SAID SURVEY, S41°26’40"E, 1751.65; THENCE S8°54’00"E, 790.07 FEET; THENCE S60°29’00"W, 680.53 FEET; THENCE S9°34’20"E, 249.75 FEET; THENCE S43°50’15"W, 379.79 FEET; THENCE S40°54’45"E, 719.35 FEET; THENCE S44°32’30"W, 723.21 FEET; THENCE N88°48’55"W, 330.31 FEET; THENCE N63°53’45"W, 758.47 FEET; THENCE N27°27’05"W, 185.84 FEET; THENCE 490.40 FEET ALONG A 967.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N12°55’20"W, 485.17 FEET; THENCE N1°36’20"E, 219.31 FEET TO THE POINT OF BEGINNING AND CONTAINING 129.94 ACRES.

will be zoned and become a part of District PUD-4 (Planned Unit Development) with a development density not exceeding four dwelling units per acre.  The property, designated as Tract 3, may be used for all permitted uses in District R-1; detached conventional, clustered or zero lot line homes; attached zero lot line townhouses; apartments; and schools and churches. Except as modified by this ordinance, the zoning of this tract is subject to all conditions, requirements and restrictions set forth under “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit C which is attached to and made a part of this ordinance.

    SECTION 10.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 4

A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 32 AND 33, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 32-48-12, AS SHOWN IN LAND CORNER DOCUMENT NUMBER 600-68014; THENCE WITH THE QUARTER SECTION LINE OF SAID SECTION 32, N1°36’10"E, 57.37 FEET TO THE NORTH RIGHT-OF-WAY GANS ROAD, AS DESCRIBED BY THE CONDEMNATION CASE NUMBER 00CV164394; THENCE WITH SAID RIGHT-OF-WAY S88°48’55"E, 563.73 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID RIGHT-OF-WAY, 516.28 FEET ALONG A 1033.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N13°08’00"W, 510.93 FEET; THENCE N27°27’05"W, 456.80 FEET; THENCE S63°53’45"E, 758.47 FEET; THENCE S88°48’55"E, 330.31 FEET; THENCE N44°32’30"E, 723.21 FEET; THENCE N40°54’45"W, 719.35 FEET; THENCE N43°50’15"E, 379.79 FEET; THENCE N9°34’20"W, 249.75 FEET; THENCE N60°29’00"E, 680.53 FEET; THENCE N8°54’00"W, 790.07 FEET; THENCE S41°26’40"E, 912.66 FEET; THENCE S42°22’00"W, 632.72 FEET; THENCE S17°20’50"E, 701.91 FEET; THENCE S36°49’45"W, 709.68 FEET; THENCE S40°53’40"E, 1155.91 FEET; THENCE 105.84 FEET ALONG A 1000.00-FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S69°58’10"W, 105.41 FEET TO THE NORTH RIGHT-OF-WAY GANS ROAD; THENCE WITH SAID RIGHT-OF-WAY, N88°48’55"W, 2032.06 FEET TO THE POINT OF BEGINNING AND CONTAINING 61.81 ACRES.

will be zoned and become a part of District O-P (Planned Office District).  The property, designated as Tract 4, may be used for all permitted uses in District O-1.  Except as modified by this ordinance, the zoning of this tract is subject to the condition that the O-P development plan shall conform to all items set forth in the “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit D which is attached to and made a part of this ordinance.

    SECTION 11.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 5

A TRACT OF LAND LOCATED IN THE EAST HALF OF SECTION 32 AND THE WEST HALF OF SECTION 33, BOTH IN TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SECTION 32-48-12, AS SHOWN IN THE SURVEY RECORDED IN BOOK 491, PAGE 140; THENCE WITH THE EAST LINE OF SAID SECTION 32, N1°05’25"E, 53.88 FEET TO THE NORTH RIGHT-OF-WAY GANS ROAD, AS DESCRIBED IN THE CONDEMNATION CASE NUMBER 00CV164394; THENCE WITH SAID RIGHT-OF-WAY N88°48’55"W, 59.50 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, 105.84 FEET ALONG A 1000.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N69°58’10"E, 105.41 FEET TO THE POINT OF BEGINNING:

THENCE FROM THE POINT OF BEGINNING, N40°53’40"W, 1155.91 FEET; THENCE N36°49’45"E, 709.68 FEET; THENCE N17°20’50"W, 701.91 FEET; THENCE N42°22’00"E, 632.72 FEET; THENCE N41°26’40"W, 912.66 FEET; THENCE N41°00’25"E, 688.90 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE WITH SAID RIGHT-OF-WAY, S48°59’35"E, 213.23 FEET; THENCE S49°56’55" E, 78.68 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S3°26’40"E, 392.76 FEET; THENCE 385.54 FEET ALONG A 475.00-FOOT RADIUS CURVE TO THE LEFT SAID CURVE HAVING A CHORD, S26°41’45"E, 375.04 FEET; THENCE S49°56’55"E, 391.54 FEET; THENCE 364.00 FEET ALONG A 475.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S27°59’40"E, 355.16 FEET; THENCE S6°02’30"E, 300.13 FEET; THENCE 506.29 FEET ALONG A 475.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S36°34’35"E, 482.66 FEET; THENCE S67°06’45"E, 50.00 FEET; THENCE S22°53’15"W, 1154.22 FEET; THENCE 768.99 FEET ALONG A 1000.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S44°55’05"W, 750.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 76.09 ACRES.

will be zoned and become a part of District C-P (Planned Business District).  The property, designated as Tract 5, may be used for all permitted uses in District C-3 excluding the following: self storage facilities; publishing and newspaper publishing; commercial parking for automobiles and light trucks; farm machinery sales and services; kennels for boarding of animals of any kind; miniature golf courses or driving ranges; automobile repair shops, provided, however, that automobile dealerships and all uses attendant thereto shall be a permitted use; and lumber yards, unless part of a home improvement center.  Except as modified by this ordinance, the zoning of this tract is subject to the condition that the C-P development plan shall conform to all items set forth in the “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit E which is attached to and made a part of this ordinance.

    SECTION 12.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 6

A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 32 AND SOUTH HALF OF SECTION 33, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33-48-12, AS SHOWN IN SURVEY RECORDED IN BOOK 491, PAGE 140; THENCE WITH THE WEST LINE OF SAID SECTION 33, N1°05’25"E, 53.88 FEET TO THE NORTH RIGHT-OF-WAY GANS ROAD, AS DESCRIBED IN THE CONDEMNATION CASE NUMBER 00CV164394, THE POINT OF BEGINNING:

THENCE FROM THE POINT OF BEGINNING, WITH SAID RIGHT-OF-WAY, N88°48’55"W, 59.50 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, 874.45 FEET ALONG A 1000.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N47°56’20"E, 846.85 FEET; THENCE N22°53’15"E, 637.53 FEET; THENCE S67°06’45"E, 672.52 FEET; THENCE N39°45’35"E, 393.58 FEET; THENCE N68°22’40"E, 398.52 FEET; THENCE N53°56’30"E, 121.84 FEET; THENCE N42°54’50"E, 300.00 FEET TO THE WEST RIGHT-OF-WAY OF U.S. HIGHWAY 63; THENCE WITH THE LINES OF SAID RIGHT-OF-WAY, S47°05’10"E, 225.80 FEET; THENCE S42°36’40"E, 218.00 FEET TO THE NORTHWEST LINE OF GANS CREEK SUBDIVISION BLOCK 1, RECORDED IN PLAT BOOK 12, PAGE 90; THENCE WITH THE LINES OF SAID SUBDIVISION AND THE CENTERLINE OF GANS CREEK ROAD, S25°02’00"W, 438.12 FEET; THENCE S47°03’00"W, 776.63 FEET; THENCE S58°48’00"W, 233.24 FEET; THENCE S41°53’00"W, 202.38 FEET; THENCE S53°47’00"W, 31.19 FEET; THENCE LEAVING THE LINES OF SAID SUBDIVISION AND SAID CENTERLINE N36°41’00"W, 24.95 FEET TO THE NORTH RIGHT-OF-WAY OF GANS ROAD AS DESCRIBED IN THE CONDEMNATION CASE NUMBER 00CV164394; THENCE WITH THE LINES OF SAID RIGHT-OF-WAY, 492.38 FEET ALONG A 745.00-FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, S72°15’05"W, 483.47 FEET; THENCE N88°48’55"W, 1085.95 FEET TO THE POINT OF BEGINNING AND CONTAINING 44.54 ACRES.

will be zoned and become a part of District O-P (Planned Office District).  The property, designated as Tract 6, may be used for all permitted uses in District O-1.  Except as modified by this ordinance, the zoning of this tract is subject to the condition that the O-P development plan shall conform to all items set forth in the “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit F which is attached to and made a part of this ordinance.

    SECTION 13.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 7

A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 33, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33-48-12, AS SHOWN IN SURVEY RECORDED IN BOOK 491, PAGE 140; THENCE WITH THE WEST LINE OF SAID SECTION 33, N1°05’25"E, 53.88 FEET TO THE NORTH RIGHT-OF-WAY, GANS ROAD, AS DESCRIBED IN THE CONDEMNATION CASE NUMBER 00CV164394; THENCE WITH SAID RIGHT-OF-WAY, N88°48’55"W, 59.50 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, 874.45 FEET ALONG A 1000.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N47°56’20"E, 846.85 FEET; THENCE N22°53’15"E, 637.53 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, CONTINUING N22°53’15"E, 1428.06 FEET TO THE WEST RIGHT-OF-WAY OF U.S. HIGHWAY 63; THENCE WITH THE LINES OF SAID RIGHT-OF-WAY, S49°56’55"E, 670.82 FEET; THENCE S50°35’05"E, 450.03; THENCE S47°05’10"E, 174.70 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S42°54’50"W, 300.00 FEET; THENCE S53°56’30"W, 121.84 FEET; THENCE S68°22’40"W, 398.52; THENCE S39°45’35"W, 393.58 FEET; THENCE N67°06’45"W, 672.52 FEET TO THE POINT OF BEGINNING AND CONTAINING 28.14 ACRES.

will be zoned and become a part of District C-P (Planned Business District).  The property, designated as Tract 7, may be used for all permitted uses in District C-3 excluding the following: self storage facilities; publishing and newspaper publishing; commercial parking for automobiles and light trucks; farm machinery sales and services; kennels for boarding of animals of any kind; miniature golf courses or driving ranges; automobile repair shops, provided, however, that automobile dealerships and all uses attendant thereto shall be a permitted use; and lumber yards, unless part of a home improvement center.  Except as modified by this ordinance, the zoning of this tract is subject to the condition that the C-P development plan shall conform to all items set forth in the “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit G which is attached to and made a part of this ordinance.

    SECTION 14.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 8

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 32 AND IN THE WEST HALF OF SECTION 33, BOTH IN TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’ S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SECTION 33-48-12, AS SHOWN IN SURVEY RECORDED IN BOOK 491, PAGE 140; THENCE WITH THE WEST LINE OF SAID SECTION 33, N1°05’25"E, 53.88 FEET TO THE NORTH RIGHT-OF-WAY OF GANS ROAD, AS DESCRIBED IN THE CONDEMNATION CASE NUMBER 00CV164394; THENCE WITH SAID RIGHT-OF-WAY, N88°48’55"W, 59.50 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, 874.45 FEET ALONG A 1000.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N47°56’20"E, 846.85 FEET; THENCE N22°53’15"E, 1154.22 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, N67°06’45"W, 50.00 FEET; THENCE 506.29 FEET ALONG A 475.00-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD N36°34’35"W, 482.66 FEET; THENCE N6°02’30"W, 300.13 FEET; THENCE 364.00 FEET ALONG A 475.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, N27°59’40"W, 355.16 FEET; THENCE N49°56’55"W, 391.54 FEET; THENCE 385.54 FEET ALONG A 475.00-FOOT CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N26°41’45"W, 375.04 FEET; THENCE N3°26’40"W, 392.76 FEET TO THE WESTERLY RIGHT-OF-WAY U.S. HIGHWAY 63; THENCE WITH SAID RIGHT-OF-WAY, S49°56’55"E, 1800.50 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S22°53’15"W, 911.37 FEET TO THE POINT OF BEGINNING AND CONTAINING 22.46 ACRES.

will be zoned and become a part of District C-3 (General Business District).  Except as modified by this ordinance, the zoning of this tract, designated as Tract 8, is subject to all of the conditions, requirements and restrictions set forth in the “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit H which is attached to and made a part of this ordinance.  The zoning of this tract is subject to the condition that the restrictive covenants described in Section 20 shall be imposed on this tract.

    SECTION 15.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 9

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT OF LAND DESCRIBED IN THE TRUSTEE’S DEED RECORDED IN BOOK 1653, PAGE 84, THE TRUSTEE’S DEED RECORDED IN BOOK 1609, PAGE 950 AND THE WARRANTY DEED RECORDED IN BOOK 495, PAGE 679 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 32-48-12, AS SHOWN IN LAND CORNER DOCUMENT NUMBER 600-68014; THENCE WITH THE QUARTER SECTION LINE OF SAID SECTION 32, N1°36’10"E, 4242.43 FEET TO THE SOUTH LINE OF THE SURVEY RECORDED IN BOOK 253, PAGE 193; THENCE LEAVING SAID QUARTER SECTION LINE AND WITH THE LINES OF SAID SURVEY, S88°05’25"E, 383.04 FEET; THENCE N39°12’15"E, 501.00 FEET TO THE POINT OF BEGINNING:

THENCE FROM THE POINT OF BEGINNING CONTINUING WITH THE LINES OF SAID SURVEY, N39°12’15"E, 531.82 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 63; THENCE LEAVING THE LINES OF SAID SURVEY AND WITH THE LINES OF SAID RIGHT-OF-WAY, 1043.56 FEET ALONG A 5140.53-FOOT RADIUS, NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S44°08’00"E, 1041.77 FEET; THENCE S50°49’15"E, 328.57 FEET; THENCE S49°56’55"E, 300.00 FEET; THENCE S48°59’35"E, 86.81 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S41°00’25"W, 688.90 FEET; THENCE N41°26’40"W, 1751.65 FEET TO THE POINT OF BEGINNING AND CONTAINING 23.08 ACRES.

will be zoned and become a part of District C-P (Planned Business District)  The property, designated as Tract 9, may be used for all permitted uses in District C-3 excluding the following: publishing and newspaper publishing; commercial parking for automobiles and light trucks; farm machinery sales and services; kennels for boarding of animals of any kind; miniature golf courses or driving ranges; automobile repair shops, provided, however, that automobile dealerships and all uses attendant thereto shall be a permitted use; and lumber yards, unless part of a home improvement center.  Except as modified by this ordinance, the zoning of this tract is subject to the condition that the C-P development plan shall conform to all items set forth in the “Standards and Criteria/Design Characteristics and Statement of Intention for Tract” contained in Exhibit I which is attached to and made a part of this ordinance.

    SECTION 16.  Exhibits 21, 24 and 25, which are referred in Exhibits A through I, are attached to and made a part of this ordinance.

    SECTION 17.  The zoning of the property described in this ordinance is subject to the following conditions:

1.    The developer shall provide a storm water management plan in conjunction with the development plan submitted for each tract.  Development plans shall incorporate Best Management Practices (BMP) that address the following design criteria and substantially conform to the conceptual plan contained in the Philips Farm Water Resources Impact Assessment Report dated July 2003. Compliance shall be determined by BMP based performance expectations.

    Philips Farm Water Protection Design Criteria

    a.    The hydrological behavior of the property annexed by Section 4 of this ordinance (“the Philips Farm“ or ”the Philips Tract”) shall be considered in site planning and design with the following project goals:
        i.    Maintaining peak flows for storm events up to a two year frequency to levels less than predevelopment peak flows.
        ii.    Assuring that peak flows for storm events greater than a two year frequency do not exceed predevelopment flows.
        iii.    Reducing the post development total volumes to the maximum extent practicable.
    b.    Volume based hydrological modeling shall be used for site analysis and design. Each plan shall address the potential for post construction volume reduction and an assessment of impact on the receiving stream.
    c.    Sensitive areas shall be identified and preserved to the maximum extent possible. The plans shall address opportunities for enhancing the sensitive areas.
    d.    The plans shall include an analysis of other assets that should be preserved because of their value to the quality of the development.
    e.    Bristol Lake shall be considered an amenity and aesthetic asset as well as a storm water BMP. Upland controls and programs shall be implemented to reduce pollutant inputs to the lake.
    f.    Low Impact Development (LID) techniques shall be utilized to the maximum extent deemed practical and feasible by the design engineer following consultation with the Public Works Department and the Planning and Development Department.
    g.    Construction phasing shall be planned to minimize disturbed areas.
    h.    Plans shall address the potential for re-establishing the predevelopment hydrology of areas in the restoration of disturbed sites.
    i.    Construction phase BMP’s shall meet all applicable local, state and federal standards for construction site run-off.
    j.    Prior to the issuance of a building permit for any commercial portion of the tract, applicant shall be required to provide a basic pollutant loading analysis, based on nationally recognized data sources to model predevelopment and post development scenarios, with and without BMP’s. The model shall also include lake water quality.
k.    Post construction BMPs will include non-structural measures such as control and minimization of use of chemicals and fertilizers and will be incorporated in binding covenants that will transfer with property title for any tract of land.
    l.    Prior to issuance of any building permits, developer shall execute binding declarations and covenants with homeowners’ associations and commercial properties that specify expected maintenance responsibilities and water quality protection practices.  Documents shall assure City access and authority to take corrective action in the event of failure of associations or owners to perform. City shall also be given authority to assess and collect the costs of such actions in a proportional manner from all responsible parties.
    m.    The water quality and biological resources in the lake and streams shall be protected.  The developer shall provide construction and post construction monitoring in accordance with the “Philips Tract Monitoring” plan attached as Exhibit 27 to this ordinance.

No site disturbance permit for grading or building permit for the construction of any structure on the property described in this ordinance shall be issued until storm water management plans have been approved by the Public Works Department.  All storm water protection facilities shall be installed and arrangements made to ensure their ongoing maintenance prior to issuance of any occupancy permit.  Developer shall design and construct improvements that will provide storm water detention for that portion of the Philips Farm that drains to the lake and the approximate 120 acres upstream of the lake on the east side of U.S. 63.  Developer shall design, construct and provide for the maintenance of those BMP’s required to maintain the current beneficial use designation by the Missouri Department of Natural Resources for Gans Creek and Clear Creek.

2.    The developer shall provide a traffic impact study prior to the approval of any development plan for the construction of more than 350 dwelling units within the overall development or for any development on Tracts 4, 5, 6, 7, 8 or 9.  No traffic impact study or offsite traffic improvements shall be required in connection with the use of Tracts 1, 2, 3, or 4 for a school or church.  Use of Tracts 1, 2, 3 or 4 for a school or church shall not reduce the number of dwelling units (350) allowed before a traffic impact study must be provided.  The traffic impact study for Tract 9 shall be limited to a determination of improvements needed to Ponderosa Street as a result of development of Tract 9, use of Tract 3 for a park, and construction of a street across Tract 9 to Tract 3.  Approval of the development plans for each of Tracts 4 (other than for a school or church), 5, 6 and 7, and approval of any plat for or site disturbance permit for or building permit for construction of any structure on Tract 8 is subject to the following conditions:

a.    The property owner shall provide a traffic impact study acceptable to the City and the Missouri Department of Transportation (MoDOT) showing that the planned street improvements are sufficient to handle the traffic to be generated by the development;

b.    A break-in-access agreement shall be entered into between the property owner and MoDOT allowing construction of the interchange at Highway 63 and Gans Road; and

c.    A development agreement acceptable to the City and MoDOT that provides for the necessary highway and street improvements shall be submitted to the City prior to approval of the development plan for any of Tracts 4, 5, 6 and 7, or approval of any plat for, building permit for any structure on, or site disturbance permit for Tract 8.  The development agreement shall include the items set forth in Section 18.  No development of Tracts 4, 5, 6, 7 or 8 shall begin before the development agreement is executed by developer and all other parties.  Prior to execution of the development agreement, property owner shall provide verification that financing is available and other arrangements have been made to build such improvements.

3.    Development plans for all non-residential tracts shall incorporate the use of parking space efficiency techniques to the maximum extent deemed practical and feasible by the design engineer following consultation with the Public Works Department and the Planning and Development Department.

4.    Developer shall pay one-third of the cost of a two-inch overlay for Bearfield Road if and when City’s director of public works determines that such overlay is required. Developer shall not be required to pay more than $30,000 for the overlay.  The overlay shall be for the length of Bearfield Road between Gans Road and Nifong Boulevard.

    SECTION 18.  The development agreement required in Section 17 shall include the following provisions:

    a.    Gans Road/U.S. 63 interchange.  Subject to developer’s right to recover such cost from a Transportation Development District (TDD).  Developer shall pay 50% of all costs associated with design and construction of the Gans Road/U.S. 63 interchange, including the overpass and all exit and entryway ramps.  

    b.    Relocated Gans Road.  Subject to developer’s right to recover such costs from a TDD, developer shall pay a portion of the costs of relocated Gans Road. Developer shall pay the greater of 50% of the cost or developer’s share of the cost under City policy at the time the development agreement is executed.  Cost of relocated Gans Road include costs of right-of-way acquisition, engineering, design, planning, construction and traffic signalization.  Relocated Gans Road will run north and east from the existing Gans Road to a point 100 feet north and east of the Gans Road/U.S. 63 interchange to be constructed.

    c.    Ponderosa Street.  Subject to developer’s right to recover the costs from a TDD, developer shall pay a portion of the cost of Ponderosa Street relocation and improvement.  Developer shall pay the greater of 50% of the cost or developer’s share of the cost under City policy at the time the development is executed.  Cost of Ponderosa Street relocation and improvement include cost of right-of-way acquisition, engineering, design, planning, construction and traffic signalization. Improvements to Ponderosa Street shall include all road improvements north and west of the relocated portion of Ponderosa Street needed to provide adequate sight distances for street entrances to the Philips Farm.  

    d.    This ordinance does not commit the City to provide any funds for traffic infrastructure improvements.

    e.    Developer shall not be required to construct or contribute to the costs of any off-site improvements other than those specified in this ordinance.

    SECTION 19.  City shall support the formation of a Transportation Development District under the following terms and conditions:

    a.    Developer shall pay all attorney’s fees and costs required to establish the TDD.

    b.    The boundaries of the TDD shall include Tracts 5, 7, 8 and 9 and may include additional commercial property outside the boundaries of the Philips Farm.

    c.    City and TDD shall determine by agreement the amount of sales tax to be imposed by the TDD.  Sales tax proceeds shall be used to reimburse City, developer and others who have advanced payments for the Eligible Cost of Intended TDD Improvements.  Eligible Costs include cost of right-of-way acquisition, engineering, design, planning, construction and traffic signalization of Intended TDD Improvements.  Intended TDD Improvements include Gans Road/U.S. 63 interchange, relocated Gans Road, relocated Ponderosa Street, improvements to Ponderosa Street required to achieve adequate sight distances (but not the cost of any turn lanes required to serve the City’s property or development on Tract 9) and any other traffic infrastructure improvements that the City and developer agree to include as Intended TDD Improvements. Reimbursements shall be on a pro rata basis, with each party’s share determined by multiplying the sum of the disbursements by a fraction, the numerator of which is the total of the sum advanced by the party and the denominator of which is the total sum advanced by all parties.

    d.    The TDD may issue bonds to pay Eligible Costs for Intended TDD Improvements.  The bonds shall be paid and retired with funds generated by the TDD’s sales tax.

    e.    Funds generated by the TDD shall be used only to pay for Intended TDD Improvements unless otherwise agreed to by developer and City.

    SECTION 20.  The City Manager is authorized to enter into an agreement to acquire Tract 3 and a portion of Tract 4 that substantially meets the following terms and conditions:

    a.    The City would acquire approximately 140 acres as depicted on Exhibit 26 which is attached to and made a part of this ordinance.  The property to be acquired consists of the Lake Tract and the Non-Lake Tract.  The Lake Tract is approximately 62.95 acres and includes a 40 acre lake.  The Non-Lake Tract is approximately 77.07 acres.  

    b.    The Lake Tract would be donated to the City for use as a public park with the lake to be used as a public recreational facility and regional storm water facility. The City would be able to assign its right to own and operate the lake to the Missouri Department of Conservation or any other public entity; provided that the lake would remain a public recreational facility and regional storm water facility.

    c.    The City would purchase the Non-Lake Tract for the purchase price of $16,000 per acre.  The exact acreage shall be determined by survey.  The City intends to use this property for park purposes but the City would take title to this property without any restrictions on its use; provided, however, that the land may be conveyed subject to a restriction that any non-park use made of the land by the City must be, at the time the use is initiated, compatible with residential uses on neighboring Philips Farm property.  This property is intended to be used for a regional park.  In planning and operating the park, City will consider the impact of park activities on neighboring Philips Farm property.

    d.    Closing on the Non-Lake property would be within 90 days of the passage of this ordinance.

    e.    The Lake and the Non-Lake Tract would be conveyed subject to the following:

1.    At or before the conveyance to the City of the Lake and Non-Lake Tracts, the owner of Tract 8 would enter into a declaration of restrictive covenants which run in favor of the owner of the Lake and Non-Lake Tracts.  The restrictive covenants shall impose the following restrictions and obligations on Tract 8:

        A.    Restrict the use of Tract 8 to those uses permitted in Tract 5 under Section 11 of this ordinance.

        B.    Require that any parking lot lighting have full cut-off fixtures on poles no higher than 25 feet.

        C.    Prohibit goods or merchandise from being stored outside any building or in trailers or temporary storage facilities; provided that outdoor display and storage of motor vehicles would not be prohibited.  

        D.    Prohibit billboards.

        E.    Limit freestanding, pylon signs or pole signs on U.S. 63 frontage to 30 feet in height and on Gans Road frontage to 25 feet in height.  Limit the number of freestanding pole signs on Tract 8 to five: two facing U.S. 63, two facing Ponderosa Street and one facing Gans Road.

        F.    Require the owner of Tract 8 to maintain all components of the water quality protection system located on Tract 8.
2.    The park on the Lake Tract would be named in memory of A. Perry Philips.

3.    The developer of the Philips Farm (excluding the Lake and Non-Lake Tracts) would improve the lake and the dam and spillway, as required to make the lake suitable for a regional storm water facility and a public recreational facility.  The developer would not be required to make the lake suitable for swimming.  Improvements would include raising the dam for the lake and dredging portions of the lake to increase the depth and remove siltation.  The lake improvements would be subject to the approval of City’s director of public works.  The lake improvements would be designed to make the lake function as a regional storm water facility serving a portion of the Philips Farm and approximately 120 acres upstream from the Philips Farm.  Cost estimates and contracts for the lake improvements would be subject to approval of the City. Once the lake improvements have been completed to the satisfaction of the City, City would accept title to the property and reimburse the developer for 30% of the cost of the lake improvements.

4.    The developer shall design and construct a Water Quality Protection System (“the System”) at Developer’s expense.  The System shall consist of swales, other drainage structures, wetlands, dry basins and other Best Management Practices (“BMP’s”), including source controls and nonstructural measures, to be placed by the Developer on the Philips Farm Property, including those portions retained by the Developer and those portions conveyed to the City as a part of the Park Land Conveyance.  The System installed on the Philips Farm Property, including those parts conveyed to the City and those parts retained by the Developer, shall include such BMP’s, including source controls and nonstructural measures, as are necessary to protect the Lake from storm water runoff from the Philips Farm Development itself.  In addition, the Developer shall, as a part of the design and construction of the System, also cause to be designed, and constructed on the Philips Farm Development Property (including those parts retained by the Developer and those parts conveyed to the City), such Water Quality Protection System components (including swales, other drainage structures, wetlands, dry basins, and other BMP’s) as can reasonably and practicably be placed on the Philips Farm Development Property, and as will minimize any adverse impacts on the Lake from the upstream runoff from the approximately 120 acres upstream of the Philips Farm Tract, in its currently existing land use.  The Developer shall be responsible for maintaining the System, either for one year after the City determines that the System has been constructed as designed or until the System is no longer impacted by construction activities on the Philips Farm Property, whichever occurs last.

5.    City would develop, in consultation with developer and developer’s engineers, a lake management plan designed to preserve the water quality of the lake.
6.    The owner of that portion of Tract 4 that is not owned by the City would be allowed to use the entire allotment of impervious surface set forth on Exhibit 21.

7.    Developer would construct, at developer’s expense, a public street running from Ponderosa Street through Tract 9 to the City’s property.  City would pay 50% of the cost for engineering and construction of improvements of the intersection of Ponderosa Street and the street running through Tract 9 to the City’s property.

8.    Developer and City would be fair and reasonable in agreeing to the location of collector streets abutting or running through the City’s property.

9.    Monitoring of water quality in the Lake shall occur in accordance with the “Philips Tract Monitoring Plan” attached as Exhibit 27 to this ordinance.  In addition, water quality monitoring of the Lake shall be conducted as follows:

Total phosphorus in Philips Lake shall not be significantly adversely impacted by the proposed development.  The geometric means of epilimnetic (surface) total phosphorus concentrations collected from April through September (minimum once per month, six times per year) will not significantly (one-sided t-test, 95% confidence) exceed 50 micrograms per liter (ug/L) for three consecutive years due to impacts from the development, not including off-site impacts or on-site impacts due to issues beyond the control of the developer, such as resident or migratory waterfowl.  The significance of impacts beyond the control of the developer of the Philips Tract will be determined using a phosphorus mass balance approach.  These surface samples will be collected at the location of the reservoir where the water column is deepest, near the dam spillway.  Reservoir monitoring of the lake, as described in this paragraph, will begin upon completion of lake modifications, implementation of BMP’s and after vegetative cover is at least 70% of the fully established plant density over 100% of the disturbed area within the onsite portions of the Philips Lake watershed. If the observed phosphorus statistics exceed the phosphorus threshold, then the potential sources of such exceedance will be investigated, characterized and determined.  If it is determined that the exceedance is a result of a failure of a component of the System to perform in accordance with the expectations or design criteria established therefor, and such component is located within the Philips Tract Development Site (as opposed to being a component of the System located within property owned by the City), or if it is determined that the exceedance is the result of a failure of components of the System to perform in accordance with the established expectations or design criteria therefor, which such components are located on property owned by the City and on portions of the property within the Philips Tract Development that are not owned by the City, then the party or parties, then owning and obligated to maintain that component or those components of the System which is (are) the cause of, or which is (are) contributing to the exceedance, shall be required to take appropriate onsite measures (i.e., on the site of the Philips Farm), and/or lake management measures, as required to reduce the in lake phosphorus concentrations to a level below the established threshold limitations.  Monitoring data collection will be performed by the Developer of the Philips Tract for a period of two years after the monitoring is initiated, as hereinabove described in this paragraph.  Thereafter, monitoring data collection will be performed by the City.  If an exceedance, as described above, is a result of a change in land use of, or other activities upon, the 120 acres located upstream of the Philips Farm, which drain to the lake, then the Developer shall have no responsibility for same, and the City shall use only such reasonable efforts as are available to it to seek to cause to be made those changes which are required to be made, on the upstream 120 acres, in order to provide reasonable protection of the lake water quality.

    SECTION 21.  The impervious surface limitations in Exhibits C, D and 21 shall not apply to property acquired by the City of Columbia.

    SECTION 22.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 15th day of March, 2004.

Cross reference(s)-- Ord. No. 018043, 04-19-04