Section 106-170; Ord. 18462; Rezoning property located along both sides of Clark Lane, east of Ballenger Place from Districts A-1, R-1, O-P and C-P to District PUD-8


Ordinance No.            18462                      Council Bill No.            B 87-05 A           


AN ORDINANCE

rezoning property located along both sides of Clark Lane, east of Ballenger Place from Districts A-1, R-1, O-P and C-P to District PUD-8; repealing all conflicting ordinances or parts of ordinances; 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 Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:

A TRACT OF LAND LOCATED IN SECTION 3, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, AND BEING DESCRIBED AS FOLLOWS:

A 24.9 - ACRE  MORE OR LESS TRACT OF  LAND BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1659, PAGE 403, AND BEING PART OF TRACT 1 OF A SURVEY RECORDED IN BOOK 1089, PAGE 830, AND BEING ALL THAT PART OF TRACT 1-D OF THE  SURVEY RECORDED IN BOOK 1281, PAGE 740 THAT IS IN SAID SECTION 3, EXCEPT THE PORTIONS OF SAID TRACT 1-D PLATTED IN THESSALIA SUBDIVISION PLAT 1, RECORDED IN PLAT BOOK 31, PAGE 21, THESSALIA SUBDIVISION PLAT 4, RECORDED IN PLAT BOOK 34, PAGE 39 AND GRANTWOOD VILLAGE, RECORDED IN PLAT BOOK 36, PAGE 15;

ALSO 2.22 ACRES BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1276, PAGE 329 AND BEING PART OF TRACT 1-C OF A SURVEY RECORDED IN BOOK 1281, PAGE 740,  AND BEING ALL THAT PART OF SAID TRACT 1-C THAT IS IN SAID SECTION 3, EXCEPT THE PORTIONS OF SAID TRACT 1-C PLATTED IN THESSALIA SUBDIVISION PLAT 1, RECORDED IN PLAT BOOK 31, PAGE 21, THESSALIA SUBDIVISION PLAT 4, RECORDED IN PLAT BOOK 34, PAGE 39 AND THESSALIA SUBDIVISION PLAT 2, RECORDED IN PLAT BOOK 31, PAGE 87;

ALSO 1.99 ACRES DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1364, PAGE 716;

ALSO 28.64 ACRES DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1128, PAGE 886 AND SHOWN AS TRACT 1-A ON A SURVEY RECORDED IN BOOK 1128, PAGE 5;

THE TOTAL AREA OF THIS DESCRIBED TRACT IS 57.73 ACRES MORE OR LESS.

A TRACT OF LAND LOCATED IN SECTIONS 9 AND 10 TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, AND BEING DESCRIBED AS FOLLOWS:

A TRACT OF LAND BEING 11.61 ACRES DESCRIBED BY THE QUIT-CLAIM DEED RECORDED IN BOOK 462, PAGE 417, EXCEPT 0.032 ACRES TO THE STATE OF MISSOURI AS DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 810, PAGE 437;

ALSO AN APPROXIMATE 3.00 ACRE TRACT BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 411, PAGE 440, LYING IN SAID SECTION 9 AND ALSO LYING SOUTH AND EAST OF HOMINY BRANCH AND NORTH OF INTERSTATE 70;

ALSO 29.88 ACRES BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 411, PAGE 440, LYING IN SAID SECTION 10 AND NORTH OF INTERSTATE 70;

ALSO THE EAST 7 ACRES OF THE 23.65 ACRE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1127, PAGE 315 AND BEING SHOWN BY THE SURVEY RECORDED IN BOOK 791, PAGE 963, AND BEING FURTHER DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 9; THENCE WITH THE SECTION LINE AND THE EAST LINE OF SAID SURVEY S01°13’30”W, 260.00 FEET; THENCE LEAVING SAID SECTION LINE AND WITH THE LINES OF SAID SURVEY S36°11’30”W, 194.70 FEET; THENCE S14°50’30”W, 118.20 FEET; THENCE S45°55’30”W, 318.65 FEET; THENCE S10°42’30”W, 166.70 FEET; THENCE N86°57’30”W, 92.13 FEET; THENCE LEAVING THE LINES OF SAID SURVEY N01°13’30”E, 923.69 FEET TO THE NORTH LINE OF SAID SECTION 9; THENCE WITH SAID NORTH SECTION LINE S88°37’30”E, 483.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.00 ACRES;

THE TOTAL AREA OF THIS DESCRIBED TRACT BEING APPROXIMATELY 51.46 ACRES.

EXCEPT THE FOLLOWING TRACT SHALL NOT BE INCLUDED:

A TRACT OF LAND LOCATED IN SECTION 9, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI BEING A PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 1127, PAGE 315 AND SHOWN ON THE SURVEY RECORDED IN BOOK 791, PAGE 963, AND BEING FURTHER DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 9; THENCE WITH THE NORTH LINE OF SAID SURVEY N88°36'25"W, 200.00 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING LEAVING SAID NORTH LINE S1°13'30"W, 416.33 FEET; THENCE N88°36'25"W, 296.33 FEET; THENCE N3°2'45"E, 416.51 FEET TO THE NORTH LINE OF SAID SURVEY; THENCE WITH SAID NORTH LINE S88°36'25"E, 283.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.77 ACRES.

will be rezoned and become a part of District PUD-8 (Planned Unit Development) with a development density not exceeding eight dwelling units per acre and taken away from District A-1 (Agricultural District), District R-1 (One-Family Dwelling District), District O-P (Planned Office District) and District C-P (Planned Business District).  The property may be used for all of the permitted uses in District R-3.  The statement of intent, marked “Exhibit A,” is attached to and made a part of this ordinance.

    SECTION 2.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

    SECTION 3.  The rezoning of the property described in Section 1 shall be subject to the following condition:

    1.    The developer will submit a traffic study prior to or in conjunction with submittal of the PUD site plan.

    SECTION 4.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 4th day of April, 2005.