Section 107-528; Ord. 19170; Rezoning property located on the southeast corner of the intersection of U.S. Highway 63 and Stadium Boulevard/State Route 740 from District A-1 to District C-P; imposing conditions


Ordinance No. 19170                            Council Bill No. B 325-06 A

     AN ORDINANCE

rezoning property located on the southeast corner of the intersection of U.S. Highway 63 and Stadium Boulevard/State Route 740 from District A-1 to District C-P; imposing conditions; 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 portion of the following property that is not currently zoned C-P:

The West Half (W ½) of the Northeast Quarter (NE ¼) of Section Twenty (20), Township Forty-eight (48) North, Range Twelve (12) West, of the Fifth (5 th) Principal Meridian, in City of Columbia, Boone County, Missouri.

Excepting therefrom that part taken by the State of Missouri, acting by and through the State Highway Commission of Missouri, under Condemnation Case No. 45013 filed in the Circuit Court of Boone County, Missouri, as set forth by the Report of Commissioners recorded in Book 304, Page 581, Records of Boone County, Missouri.

And also excepting therefrom that part taken by the State of Missouri, acting by and through the State Highway Commission of Missouri, under Condemnation Case No. 56044 filed in the Circuit Court of Boone County, Missouri, as set forth by the Report of Commissioners recorded in Book 432, Page 641, Records of Boone County, Missouri.

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 described above, excluding the property previously zoned C-P, may be used for all permitted uses in District C-3 except for the following uses:  

Halfway houses
Gun ranges
Drive-in theaters
Live adult entertainment
Pornography shops, head shops, or other shops selling drug paraphernalia
Massage parlors (not including licensed massage therapists)
Tattoo parlors
Labor camps
Manufacturing of explosives or flammable liquids
Freight terminals
Kennels
Travel trailer or mobile home parks
Junk yards
Lumber yards
Stock yards
Landfills, garbage dumps, or trash incinerators
Packing houses or slaughterhouses
Any use producing dust or fly ash in excessive quantities
Manufacture, compounding, or processing of hazardous materials
Outside repair of vehicles or equipment
Cement, asphalt, or concrete plants
Commercial uncovered parking
Sanitariums
Mortuary
Tree trimming and removal services
Armories
Bus station
Newspaper publishing plant
Temporary shelters
Cemeteries
Boarding houses or lodging houses
Fraternity or sorority houses and dormitories
Free standing bars, cocktail lounges or nightclubs not included within a hotel or motel building
Billiard halls and game arcades
Freestanding bowling alleys not included within a hotel or motel building
Private stables
Commercial laundries
Coin-operated laundries
Motor vehicle sales or trailer sales and service
Reservoirs, wells, water towers, filter beds, water supply plants, or water pumping stations
Machine shops
Research and development laboratories
Testing laboratories
Service stations, except that a fuel station in conjunction with a convenience store shall not     be excluded, providing all fuel storage tanks are located underground
Automobile repair facilities, except that automobile quick-lube  and muffler/brake service     facilities shall not be excluded, providing all repairs are within an enclosed building
Car washes, coin-operated or attendant-operated, except that a car wash in conjunction with a convenience store shall not be excluded

The statement of intent, marked AExhibit A,@ is attached to and made a part of this ordinance.

    SECTION 2.    The rezoning of the property described in Section 1 is subject to the following conditions which are imposed on the entire tract described in Section 1, including the property previously zoned C-P:

1.    The developer will submit a traffic study before or in conjunction with its C-P plan.

2.    Residential units, offices, restaurants and all buildings with footprints smaller than 10,000 square feet (unless such building is being built as a franchise with its own building prototype, such as a Taco Bell franchise-type building) will have pitched roofs.

3.    The developer will include in its C-P plan light poles that are a maximum height of 20-feet.  All such lights will be shielded to direct illumination away from residences, public streets, and other public areas.  Wall packs will not be used.

4.    Developer and City will enter into a development agreement which addresses required public roadway and access improvements and responsibility for construction of these improvements.  The development agreement must be authorized by the City Council in conjunction with the preliminary plat or the first final plat of the property described in section 1 and the property referenced in section 4.  

5.    A 100-foot wide stream buffer must be placed on both sides of Grindstone Creek and on both sides of the north and south forks of Grindstone Creek.  The stream buffer shall be delineated on both the preliminary and final plats.

    SECTION 3.    All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

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

    PASSED this 5th day of September, 2006.