Section 106-622; Withdrawn B217-05A; Rezoning property located on the south side of Clark Lane, east of Crump Lane from Districts R-2 and O-P to District C-P


Ordinance No.            Withdrawn                      Council Bill No.            B 217-05 A           

AN ORDINANCE

rezoning property located on the south side of Clark Lane, east of Crump Lane from Districts R-2 and O-P to District C-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:

A tract of land located in Section 9, Township 48 North, Range 12 West, in Columbia, Boone County, Missouri being a part of the tract described by the Warranty deed in Book 1127 at Page 315 of said county records and also being a part of the survey recorded in Book 791 at Page 963 of said county records and being further described as follows:

Being the entire tract as shown by the survey recorded in Book 791 at Page 963 of the said county records excepting there from the following described tract:

Beginning at the Northeast corner of said Section 9 as shown by said survey; thence with the Section Line and the east line of said survey S01°13’30”W, 261.37 feet; thence leaving said Section Line and with the lines of said survey S36°12’35”W, 193.19 feet; thence S14°51’35”W, 118.20 feet; thence S45°56’35”W, 318.65 feet; thence S10°43’35”W, 166.70 feet; thence N86°56’25”W, 390.83 feet; thence leaving the lines of said survey N10°11’40”E, 504.75 feet; thence S88°36’25”E, 502.29 feet; thence N01°13’30”E, 416.33 feet to the north line of said survey; thence with said north line S88°36’25”E, 200.00 feet to the Point of Beginning and containing 7.30 acres.

Total area of tract being 16.35 acres.

will be rezoned and become a part of District C-P (Planned Business District) and taken away from Districts R-2 (Two-Family Dwelling District) and O-P (Planned Office District).  Hereafter the property may be used for all permitted uses in District C-3 except for the following: uncovered, surface commercial parking for automobiles and light trucks; farm machinery sales and service; kennels for the boarding of animals; bars, cocktail lounges and nightclubs (excluding the sale of liquor by the drink in connection with a restaurant); and, all uses which require deliveries and excessive noise production later than 11:00 p.m. or earlier than 6:30 a.m.  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 conditions:

1.    Lighting shall be shielded so that no ambient light spills out beyond the boundaries of the property.

2.    Traffic shall be restricted from accessing the commercial development from Crump Lane.

3.    An earthen berm at least fifteen feet in width and at least five feet in height containing trees and vegetation shall be installed along the entire west boundary of the property adjacent to the residences on Crump Lane.

4.    No outdoor speakers, idling trucks or noise generating activities shall be allowed after 11:00 p.m. and prior to 6:30 a.m. within the entire commercial development.

5.    Developer shall be bound by all representations set forth in the letter dated April 29, 2005 from attorney Craig Van Matre addressed to Crump Lane Neighbor and the letter dated July 18, 2005 from attorney Craig Van Matre addressed to the mayor, city council members and director of planning and development.

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

    WITHDRAWN this 17th day of October, 2005.