Section 107-415; Ord. 19098; Rezoning property located generally west of Brown Station Road and north of Waco Road, extended, from Districts A-1, C-P, R-1, M-R and M-C to Districts R-1, PUD-12 and C-P


Ordinance No. 19098                            Council Bill No. B 246-06 A

     AN ORDINANCE

rezoning property located generally west of Brown Station Road and north of Waco Road, extended, from Districts A-1, C-P, R-1, M-R and M-C to Districts R-1, PUD-12 and C-P; setting forth conditions of approval; 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 294 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:

Tract A
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 20 AND THE SOUTHWEST QUARTER OF SECTION 21, BOTH IN TOWNSHIP 49 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2890, PAGE 85 AND PART OF TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359; THENCE WITH THE SOUTH LINE THEREOF, N89°23’ 55’ W, 588.75 FEET TO THE CENTERLINE OF THE SEWER EASEMENT RECORDED IN BOOK 513, PAGE 590, THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID CENTERLINE AND CONTINUING WITH SAID SOUTH LINE, N89°23’ 55”W, 292.35 FEET; THENCE N1°47’ 55”W, 77.95 FEET; THENCE N89°26’ 25”W, 1287.10 FEET TO THE SOUTHWEST CORNER OF SAID TRACT 1; THENCE WITH THE WEST LINE THEREOF, N0°40’ 10”W, 143.70 FEET TO A POINT 1800 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 20-49-12; THENCE LEAVING SAID WEST LINE AND ALONG A LINE PARALLEL WITH AND 1800 FEET NORTH OF THE SOUTH LINE OF SAID SECTIONS 20 AND 21, S89°53’ 45’ E, 1271.20 FEET; THENCE S89°27’ 55”E, 466.66 FEET; THENCE LEAVING SAID PARALLEL LINE, S13°29’ 55”W, 138.23 FEET TO THE CENTERLINE OF SAID EASEMENT RECORDED IN BOOK 513, PAGE 590; THENCE WITH SAID CENTERLINE, S51°45’ 45’ W, 155.38 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.53 ACRES.

will be rezoned and become a part of District R-1 (One-Family Dwelling District) and taken away from District A-1 (Agricultural District).

    SECTION 2.    The Zoning District Map established and adopted by Section 294 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:

Tract B
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 49 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2890, PAGE 85 AND PART OF TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359; THENCE WITH THE NORTH LINE THEREOF, N88°30’ 20”W, 862.72 FEET TO THE CENTERLINE OF THE SEWER EASEMENT RECORDED IN BOOK 1180, PAGE 795, THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID NORTH LINE AND WITH SAID CENTERLINE, S23°46’ 00”W, 329.88 FEET TO THE SOUTH LINE OF THE TRANSMISSION LINE EASEMENT RECORDED IN BOOK 366, PAGE 619; THENCE LEAVING SAID CENTERLINE AND WITH SAID SOUTH LINE, N51°58’ 10”W, 512.76 FEET TO THE NORTH LINE OF SAID TRACT 1; THENCE LEAVING SAID SOUTH LINE AND WITH SAID NORTH LINE, S88°30’ 20”E, 537.02 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.88 ACRES.

will be rezoned and become a part of District R-1 (One-Family Dwelling District) and taken away from District C-P (Planned Business District).

    SECTION 3.    The Zoning District Map established and adopted by Section 294 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:

Tract C
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 21, TOWNSHIP 49 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2890, PAGE 85 AND PART OF TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359; THENCE WITH THE EAST LINE THEREOF, N28°30’ 05”E, 410.29 FEET TO THE CENTERLINE OF THE SEWER EASEMENT RECORDED IN BOOK 513, PAGE 589, THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID EAST LINE AND WITH SAID CENTERLINE, S84°24’ 20”W, 44.92 FEET; THENCE N80°26’ 10”W, 386.00 FEET; THENCE LEAVING SAID CENTERLINE, CONTINUING N80°26’ 10”W, 135.23 FEET; THENCE N26°15’ 15”E, 374.62 FEET TO THE CENTERLINE OF THE SEWER EASEMENT RECORDED IN BOOK 1180, PAGE 195; THENCE WITH SAID CENTERLINE, CONTINUING N26°15’ 15”E, 372.82 FEET; THENCE LEAVING SAID CENTERLINE, CONTINUING N26°15’ 15”E, 727.10 FEET; THENCE N32°31’ 15”E, 377.10 FEET TO THE CENTERLINE OF SAID SEWER EASEMENT; THENCE WITH SAID CENTERLINE, N23°46’ 00”E, 19.80 FEET; THENCE LEAVING SAID CENTERLINE, 43.74 FEET ALONG A 633.00-FOOT RADIUS NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S50°00’ 50”E, 43.74 FEET; THENCE S51°59’ 35”E, 376.70 FEET; THENCE S41°48’ 05”W, 250.00 FEET; THENCE S51°59’ 35”E, 328.27 FEET TO THE EAST LINE OF SAID TRACT 1 ON THE WEST RIGHT-OF-WAY LINE OF BROWN STATION ROAD; THENCE WITH SAID EAST LINE, S41°48’ 05”W, 338.63 FEET; THENCE 341.86 FEET ALONG A 1472.70-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S35°09’ 05”W, 341.10 FEET; THENCE S28°30’ 05”W, 638.21 FEET TO THE POINT OF BEGINNING AND CONTAINING 22.08 ACRES.

will be rezoned and become a part of District PUD-12 (Planned Unit Development) with a development density not exceeding twelve dwelling units per acre and taken away from Districts R-1 (One-Family Dwelling District), M-R (Research, Development and Office Park District), M-C (Controlled Industrial District) and C-P (Planned Business District). Hereafter the property may be used for all permitted uses in Districts R-1, R-2 and R-3. The statement of intent submitted by applicant, marked AExhibit A@ is attached to and made a part of this ordinance.

    SECTION 4.    The Zoning District Map established and adopted by Section 294 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:

Tracts D and E
TWO TRACTS OF LAND LOCATED IN THE WEST HALF OF SECTION 21, TOWNSHIP 49 NORTH, RANGE 12 WEST, COLUMBIA, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEED RECORDED IN BOOK 2890, PAGE 85 AND PART OF TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TRACT 1
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359; THENCE WITH THE SOUTH LINE THEREOF, N89°23’ 55”W, 588.75 FEET TO THE CENTERLINE OF THE SEWER EASEMENT RECORDED IN BOOK 513, PAGE 590; THENCE LEAVING SAID SOUTH LINE AND WITH SAID CENTERLINE, N51°45’ 45”E, 155.38 FEET; THENCE LEAVING SAID CENTERLINE, N13°29’ 55”E, 260.58 FEET; THENCE N26°15’ 15”E, 97.07 FEET; THENCE S80°26’ 10”E, 135.23 FEET TO THE CENTERLINE OF THE SEWER EASEMENT RECORDED IN BOOK 513, PAGE 589; THENCE WITH SAID CENTERLINE, CONTINUING S80°26’ 10”E, 386.00 FEET; THENCE N84°24’ 20”E, 44.92 FEET TO THE EAST LINE OF SAID TRACT 1 ON THE WEST RIGHT-OF-WAY LINE OF BROWN STATION ROAD; THENCE LEAVING SAID CENTERLINE AND WITH SAID EAST LINE, S28°30’ 05”W, 410.29 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.09 ACRES.

TRACT 2
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 1 OF THE SURVEY RECORDED IN BOOK 720, PAGE 359; THENCE WITH THE EAST LINE THEREOF, N28°30’ 05”E, 1048.50 FEET; THENCE 341.86 FEET ALONG A 1472.70-FOOT RADIUS CURVE TO THE RIGHT, SAID CURVE HAVING A CHORD, N35°09’ 05”E, 341.10 FEET; THENCE N41°48’ 05”E, 338.63 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING, LEAVING SAID EAST LINE, N51°59’ 35”W, 328.27 FEET; THENCE N41°48’ 05”E, 232.11 FEET TO THE SOUTHWEST LINE OF THE EXISTING CP ZONING; THENCE WITH SAID SOUTHWEST LINE, S51°58’ 10”E, 328.26 FEET TO THE EAST LINE OF SAID TRACT 1 ON THE WEST RIGHT-OF-WAY LINE OF BROWN STATION ROAD; THENCE WITH SAID EAST LINE, S41°48’ 05”W, 231.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.74 ACRES.

will be rezoned and become a part of District C-P (Planned Business District) and taken away from R-1 (One-Family Dwelling District), M-R (Research, Development and Office Park District) and M-C (Controlled Industrial District).  Hereafter the property may be used for all permitted uses in District C-3.  The statement of intent, marked AExhibit B,@ is attached to and made a part of this ordinance.

    SECTION 5.    The rezoning of the property described herein shall be subject to the condition that development plans for the PUD-12 and C-P portions of the property shall provide for the following:

1.    Direct driveway access to Brown Station Road shall be restricted to no more than four driveways between Waco Road and Flatwater Drive (shown on the final plat of The Villages of Arbor Pointe Plat 1).

2.    Property owner shall provide a left turn lane on Brown Station Road for each of the driveways with direct access to Brown Station Road, between Waco Road and Flatwater Drive, having more than 35 turning vehicles in the peak hour as determined by ITE trip generation guidance.

Should either or both of the above conditions not be acceptable to the developer, a traffic study shall be provided by the developer at the time of C-P or PUD development plan review.

    SECTION 6.    All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

    SECTION 7.    This ordinance shall be in full force and effect from and after its passage.

    PASSED this 3rd day of July, 2006.