Section 106-198; Ord. 18476; Rezoning property located on the west side of Rangeline Street (State Route 763) and on the south side of Blue Ridge Road from District A-1 to Districts C-P and O-P


Ordinance No.            18476                      Council Bill No.            B 102-05 A           


AN ORDINANCE

rezoning property located on the west side of Rangeline Street (State Route 763) and on the south side of Blue Ridge Road from District A-1 to Districts C-P and O-P; 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:

Tract 1
A tract of land located in Section 36, Township 49 North, Range 13 West, in Columbia, Boone County, Missouri being a portion of the tract described by the Warranty Deed recorded in Book 1313 at Page 51 of said county records and being further described as follows:

Starting at the southeast corner of the tract as shown by the survey recorded in Book 332 at Page 180 of said county records; thence S852745E, 964.84 feet to the Point of Beginning; thence N41120E, 825.45 feet; thence S854645E, 1400.98 feet; thence S05820W, 834.76 feet to a point on the south line of said tract described by said Warranty Deed; thence with south line, N852745W, 1447.84 feet to the Point of Beginning and containing 27.12 acres.

will be rezoned and become a part of District C-P (Planned Business District) and taken away from District A-1 (Agricultural District).  Hereafter the property may be used for all permitted uses in District C-2 except bus stations; electrical repair shops; lumber yards; multi-level, underground or covered commercial parking for automobiles and light trucks. The property may also be used for bowling alleys; car washes; hospitals; medical or dental clinics; medical laboratories; and, rental services.  The property may not be used for experimental and scientific testing laboratories.

    SECTION 2.    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:

Tract 2
A tract of land located in Section 36, Township 49 North, Range 13 West, in Columbia, Boone County, Missouri being a portion of the tract described by the Warranty Deed recorded in Book 1313 at Page 51 of said county records and being further described as follows:

Starting at the southeast corner of the tract as shown by the survey recorded in Book 332 at Page 180 of said county records; thence S852745E, 482.39 feet to the Point of Beginning; thence N03040W, 825.61 feet; thence S8546 45E, 550.09 feet; thence S41120W, 825.45 feet to a point on the south line of said tract described by said Warranty Deed; thence with south line, N852745W, 482.46 feet to the Point of Beginning and containing 9.77 acres.

will be rezoned and become a part of District C-P (Planned Business District) and taken away from District A-1 (Agricultural District).  Hereafter the property may be used for all permitted uses in District O-1 and the following uses: alcoholic beverage sales in the original package or by the drink on a licensed premises in restaurants or similar places where substantial quantities of food are served; barber and beauty shops; cleaning, pressing and dying establishments, provided that no explosive cleaning fluid shall be used; laundries; pet stores and grooming shops for small animals; photographic service shops and studios; physical fitness centers; private gymnasiums and reducing salons; radio and television sales and service; repair of household appliances; restaurants, cafes or cafeterias, which provide no form of entertainment; restaurants, cafes or cafeterias, which provide like or recorded music, provided that such music is played indoors only and further provided that the music from any such restaurant, café or cafeteria shall not be plainly audible at the property line of the property; shoe repair shops; stores, shops, and markets for retail trades provided merchandise is not displayed, stored or offered for sale on the premises outside a building in the required front yard or in any side or rear yard adjacent to a residential zoning district; bakeries; any retail business or use of a similar character to those listed above, provided that such use is not noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, or otherwise.  The property may not be used for freestanding restaurants with drive-through windows or for service stations.

    SECTION 3.    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:

Tract 3
A tract of land located in Section 36, Township 49 North, Range 13 West, in Columbia, Boone County, Missouri being a portion of the tract described by the Warranty Deed recorded in Book 1313 at Page 51 of said county records and being further described as follows:
Beginning at the southeast corner of the tract as shown by the survey recorded in Book 332 at Page 180 of said county records; thence N34550E, 820.17 feet; thence S854645E, 420.82 feet; thence S03040E, 825.61 feet; thence N852745W, 482.39 feet to the Point of Beginning and containing 8.52 acres.

will be rezoned and become a part of District O-P (Planned Office District) and taken away from District A-1 (Agricultural District).  Hereafter the property may be used for all permitted uses in District R-3, subject to the height and area regulations of District R-3, and the following uses: banks, other financial institutions, and travel agencies; counseling centers operated by charitable or not-for-profit organizations, excluding halfway houses or any use connected with penal or correctional institutions;  drive-up facilities incidental to any permitted uses; hospitals for human beings, medical or dental clinics, and medical laboratories; office buildings used for the administrative functions of businesses, professions, companies, corporations; and social, philanthropic, eleemosynary, or governmental organizations or societies; research and development laboratories, provided there is minimal/insignificant use of hazardous materials based on a risk assessment; and, schools operated as a business within an enclosed building, except trade schools and schools which offer retail goods or services to the public.  The property may not be used for the following uses: sanitariums and experimental and scientific testing laboratories; duplexes.

    SECTION 4.    All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

    SECTION 5.    The zoning of the property described in this ordinance is subject to the following conditions:

1.    A traffic study shall be required prior to submission of the first C-P development plan, covering the entire property, to include a system of internal public streets to provide access with provisions for street access to the adjacent property to the south.  The three-quarters access point on State Route 763 shall be shared with the adjacent tract located south of the subject tract and connect with the internal public street network.  A minimum of two stub streets to the southern boundary of the subject tract and a connection(s) to Providence Road shall be shown.

2.    The traffic study shall include the recommended access points and serve as a basis of agreement regarding the developers responsibility for off-site improvements. Specifically:

The C-P development plan for the property shall follow the MoDOT access management guidelines for State Route 763;

The C-P development plan shall reserve an area along State Route 763 for future right-of-way acquisition by MoDOT.  The reserve area may not contain any buildings or parking required by City regulation;

As a result of the traffic study, the total square footage and mix of non-residential uses may be adjusted or reduced from the initial development proposal to achieve the following:
(a.)    Provide Level of Service (LOS) C at peak hour at adjacent intersect ions, on street, weekdays and Saturdays at project build out and for each development phase; and

(b.)    Provide Level of Service (LOS) D at adjacent intersections at peak hour on street, weekdays, and Saturdays for 2025.

The traffic study shall identify off-site improvements needed to accommodate the traffic associated with the development at the desired LOS at each phase of development, at build out, and for 2025. The traffic study shall include cost estimates for the improvements and the proposed funding sources; and

Developer may be required to construct the extension of Providence Road to Big Bear Boulevard as an off-site improvement.

3.    No driveways shall be located within the operational areas of the signalized intersection of State Route 763/Blue Ridge Road and the future signalized intersection of Providence Road/Blue Ridge Road.

4.    Individual lots or site plans with driveway access to Blue Ridge Road shall have a minimum frontage of 660 feet.  No minimum lot frontage will apply if all access is provided from the internal public street network.  Minimum driveway spacing on Blue Ridge Road shall be 330 feet and may be restricted to right-in/right-out movements.

5.    No direct driveway access to Providence Road shall be permitted from the subject tracts.

6.    Driveway access onto Rangeline (State Route 763) for the subject tracts shall be limited to a single driveway location restricted to right-in/right-out movements.

7.    A single C-P development plan shall be submitted for Tract 2.  Multiple lots within this C-P Plan shall be permitted.

8.    The C-P development plan for tract 2 shall substantially conform to the concept of the neighborhood marketplace designation in the Metro 2020 plan.

    SECTION 6.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 18th day of April, 2005.