Section 106-725; Ord. 18790; Rezoning property located along both sides of Clark Lane, approximately 1,200 feet east of Ballenger Lane from Districts A-1 and C-P to District PUD-8; approving the PUD development plan of The Links of Columbia; granting a variance


Ordinance No.            18790                      Council Bill No.            B 415-05 A           


AN ORDINANCE

rezoning property located along both sides of Clark Lane, approximately 1,200 feet east of Ballenger Lane from Districts A-1 and C-P to District PUD-8; repealing all conflicting ordinances or parts of ordinances; setting forth conditions of approval; approving the PUD development plan of The Links of Columbia; granting a variance to the Subdivision Regulations relating to sidewalk construction; 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:

     NORTH TRACT
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, SAID TRACT BEING PART OF THE LAND DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 1128 PAGE 886, BOOK 1364 PAGE 716, BOOK 1286 PAGE 66, BOOK 1276 PAGE 329, AND BOOK 1659 PAGE 403 OF THE RECORDS OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 3-48-12; THENCE ALONG THE WEST LINE OF SAID SECTION N1°11’55”E, 1042.11 FEET TO A POINT ON THE SOUTHERLY LINE OF GRANTWOOD VILLAGE, RECORDED IN PLAT BOOK 36 PAGE 15; THENCE LEAVING SAID SECTION LINE, AND WITH THE LINES OF SAID GRANTWOOD VILLAGE, S82°30’10”E, 332.73 FEET; THENCE N55°29’50”E, 309.36 FEET; THENCE N10°07’00”E, 248.17 FEET TO A POINT ON THE SOUTHERLY LINE OF THESSALIA SUBDIVISION PLAT 1,  RECORDED IN PLAT BOOK 31 PAGE 21; THENCE LEAVING THE LINES OF SAID GRANTWOOD VILLAGE, AND WITH SAID THESSALIA SUBDIVISION PLAT 1 LINES, S54°45’15”E, 13.04 FEET; THENCE S46°37’40”E, 165.00 FEET TO THE SOUTHEAST CORNER OF SAID PLAT 1, SAID POINT BEING THE SOUTHWEST CORNER OF THESSALIA SUBDIVISION PLAT 4 RECORDED IN PLAT BOOK 34, PAGE 39; THENCE LEAVING SAID PLAT 1 LINE, ALONG THE SOUTHERLY LINE OF SAID PLAT 4, S46°37’40”E, 185.00 FEET; THENCE S43°22’20”W, 35.00 FEET; THENCE S46°37’40”E, 235.00 FEET; THENCE N43°22’20”E, 165.00 FEET; THENCE N4°42’40”E, 224.11 FEET TO THE NORTHEASTERLY  CORNER OF SAID PLAT 4 AND THE SOUTHERLY LINE OF THESSALIA SUBD. PLAT 6 AND THE NORTHERLY LINE OF TRACT 1-C OF THE SURVEY RECORDED IN BOOK 1281, PAGE 740; THENCE LEAVING SAID PLAT 4 LINE, AND WITH THE LINES OF SAID TRACT 1-C, S46°37’40”E, 269.90 FEET TO THE NORTHERLY LINE OF TRACT 1-A OF THE SURVEY RECORDED IN BOOK 128, PAGE 5; THENCE LEAVING THE LINES OF SAID TRACT 1-C AND WITH THE LINES OF SAID TRACT 1-A, N52°10’10”E, 214.09 FEET; THENCE S31°33’50”E, 202.00 FEET; THENCE S73°43’50”E, 45.00 FEET; THENCE N46°59’10”E, 185.00 FEET; THENCE N33°54’10”E, 97.00 FEET; THENCE N61°49’40”E, 88.27 FEET TO THE NORTHWEST CORNER OF VALLEY CREEK PLAT 3, RECORDED IN PLAT BOOK 29 PAGE 13; THENCE ALONG THE WEST LINE OF SAID PLAT 3, S19°47’25”E, 700.00 FEET TO THE SOUTHWEST CORNER OF SAID PLAT 3, AND THE NORTHWEST CORNER OF VALLEY CREEK PLAT 2, RECORDED IN PLAT BOOK 28 PAGE 85; THENCE LEAVING SAID WEST LINE OF PLAT 3, AND WITH THE WEST LINE OF SAID PLAT 2, S1°09’35”W, 750.00 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 3 AND THE SOUTHWEST CORNER OF SAID PLAT 2; THENCE LEAVING SAID WEST LINE OF PLAT 2 AND WITH THE SOUTH LINE OF SAID SECTION, N88°06’50” W, 2198.24 FEET TO THE POINT OF BEGINNING AND CONTAINING 59.17 ACRES.

SOUTH TRACT
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9 AND IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 48 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE LAND DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 468 PAGE 845, BOOK 462 PAGE 417, BOOK 411 PAGE 440, AND BOOK 1127 PAGE 315, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 10-48-12; THENCE ALONG THE NORTH LINE OF SAID SECTION, S88°06’50”E, 1321.86 FEET TO THE NORTHWEST CORNER OF THE SURVEY RECORDED IN BOOK 289, PAGE 479; THENCE LEAVING SAID SECTION LINE AND WITH THE LINES OF SAID SURVEY, S1°08’55” W, 239.69 FEET TO THE NORTHWEST CORNER OF THE SURVEY RECORDED IN BOOK 789, PAGE 41; THENCE WITH THE LINES OF SAID SURVEY S88°38’35”E, 408.72 FEET; THENCE N0°51’55”E, 235.94 FEET; TO A POINT ON SAID NORTH LINE OF SECTION 10; THENCE ALONG SAID SECTION LINE S88°06’50”E, 468.79 FEET TO THE SOUTHWEST CORNER OF VALLEY CREEK PLAT 2, RECORDED IN PLAT BOOK 28 PAGE 85; THENCE CONTINUING ALONG SAID SECTION LINE AND THE SOUTH LINE OF SAID PLAT 2, S88°06’50”E, 119.99 FEET TO THE NORTHEAST CORNER OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 462, PAGE 417; THENCE LEAVING SAID LINES S0°49’40”W, 979.68 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF INTERSTATE 70; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, S84°31’45”W, 6.51 FEET; THENCE N86°56’25”W, 538.00 FEET; THENCE N3°03’35”E, 75.00 FEET; THENCE N86°56’25”W, 460.37 FEET; THENCE S1°08’55”W, 75.04 FEET; THENCE N86°56’25”W, 204.14 FEET; THENCE N89°48’10”W, 100.12 FEET; THENCE N86°56’25”W, 1800.83 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, N10°11’40”E, 504.75 FEET; THENCE S88°36’25”E, 502.29 FEET; THENCE N1°13’30”E, 416.33 FEET TO THE NORTH LINE OF SAID SECTION 9; THENCE ALONG THE NORTH LINE OF SAID SECTION, S88°36’25”E, 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 58.70 ACRES.

will be rezoned and become a part of District PUD-8 (Planned Unit Development) with a development density not exceeding 8 dwelling units per acre and taken away from District A-1 (Agricultural District) and District C-P (Planned Business District).  Hereafter the property may be used for apartment houses, private lake, private golf course, clubhouse, swimming pool and accessory buildings and uses.  The statement of intent submitted by applicant, 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.    The developer shall pay the equivalent of the cost of a single lane roundabout at the intersection of Clark Lane and St. Charles Road.  Any required right-of-way acquisition shall be the City’s responsibility.  The developer shall make the payment at the time of reconstruction of Clark Lane.

2.    A culvert shall be designed and constructed where Clark Lane crosses Hominy Branch Creek.  The culvert shall be capable of providing the hydraulic capacity necessary for the conveyance of Hominy Branch Creek and shall provide for a combined golf cart and public access trail underpass under Clark Lane.  At the developer’s discretion, the golf cart path and public access trail may be separated into two paths.  The culvert shall be a minimum of 100 feet in length to accommodate the full 100 foot width of right-of-way and future improvements without significant modifications to the culvert.  It shall be the City’s responsibility to provide an approximate centerline profile grade for design of the culvert.  The culvert shall be constructed prior to the opening of the proposed nine hole golf course.

3.    Any structures or paths adjacent to the Clark Lane right-of-way shall be designed to allow for future improvements to Clark Lane without significant modification to these structures and paths.  The City shall provide an estimated future profile of Clark Lane that can be utilized in this design.  

4.    The developer shall pay an equivalent of fifty percent (50%) of the estimated cost required to design and construct a roundabout at the intersection of Clark Lane and Ballenger Lane at the time of reconstruction of Clark Lane.

    5.    The developer shall adhere to Audubon International guidelines for golf course natural area management.

    6.    There shall be a 25 foot riparian buffer on both sides of Hominy Branch as shown on Exhibit B which is attached to and made a part of this ordinance.

    SECTION 4.    The City Council hereby approves the PUD Development Plan of The Links of Columbia dated November 28, 2005, for the property referenced in Section 1 above.

    SECTION 5.    Subdivider is granted a variance from the requirements of Section 25-48.1 of the Subdivision Regulations so that a sidewalk shall not be required along Clark Lane; provided, that subdivider shall construct an eight foot wide trail to City specifications in the twenty foot trail easement along Hominy Branch shown on the PUD Development Plan. City shall provide the material for necessary retaining walls along the trail on the south side of Clark Lane.  Subdivider shall construct these retaining walls.

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

    PASSED this 5th day of December, 2005.