Section 107-643; Ord. 19253; Rezoning property located on the southwest corner of North Garth Avenue and West Sexton Road from Districts R-2 and C-1 to District C-P; approving the Covenant CDC Garth & Sexton Project C-P Development Plan


Ordinance No. 19253                            Council Bill No. B 298-06 A

     AN ORDINANCE

rezoning property located on the southwest corner of North Garth Avenue and West Sexton Road from Districts R-2 and C-1 to District C-P; repealing all conflicting ordinances or parts of ordinances; approving the Covenant CDC Garth & Sexton Project C-P Development Plan; approving a reduced number of parking spaces; allowing less stringent yard and screening requirements; 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:

Lots 1, 2, 3, 4, and 5 in Crane’ s Subdivision in Columbia, Boone County, Missouri, recorded in plat book 3 page 36 of the Boone County records.

Lots 2 and 3 of John A. Stewart’ s subdivision of Lots 29 and 32 of Garth’ s addition to the City of Columbia, Missouri, recorded in plat book 1 page 21 of the Boone County records.

This tract contains 1.70 acres.

will be rezoned and become a part of District C-P (Planned Business District) and taken away from District R-2 (Two-Family Dwelling District) and District C-1 (Intermediate Business District).  Hereafter the property may be used for all permitted uses in District C-1 and the following uses:

    Medical and dental clinics
    Bakeries
    Assembly and lodge halls
    Bicycle repair shops
    Electrical repair shops
    Shops for custom work subject to the restrictions on such shops set forth in Sec. 29-15 of the City Code

Drive-up facilities shall not be allowed.  

Pawn shops, payday loan businesses, cash advance businesses, tattoo parlors and gun shops shall not be allowed.

Sales of alcoholic beverages shall be limited to a restaurant.

Sale of alcoholic beverages in the grocery store shall be prohibited.

Sale of alcoholic beverages in the restaurant shall be limited to liquor by the drink for consumption on the premises.

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

Store operations and deliveries shall be limited to between 7:00 a.m. and 10:00 p.m.

    SECTION 2.    All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

    SECTION 3.    The City Council hereby approves the Covenant CDC Garth & Sexton Project C-P Development Plan, dated October 13, 2006, for the property referenced in Section 1 above.  The Director of Planning and Development shall use the design parameters set forth in “Exhibit B,” which is attached to and made a part of this ordinance, as guidance when considering any future revisions to the C-P Development Plan.  Approval of the Development Plan is subject to the condition that a transparent fence shall be located on the west side of the apartment building located on the west side of the property and arrangements shall be made for emergency access.

    SECTION 4.    The City Council approves a reduced number of parking spaces than those set forth in Section 29-17(d)(5) of the Zoning Regulations so that only the 100 spaces shown on the plan shall be required.

    SECTION 5.    The City Council approves less stringent yard requirements than those set forth in Section 29-17(d)(2)a. of the Zoning Regulations so that an 8-foot front yard shall be allowed along North Garth Avenue, adjacent to Lots 4 and 5 of Crane’ s Subdivision.

    SECTION 6.    The City Council approves less stringent yard requirements than those set forth in Section 29-17(d)(2)a. of the Zoning Regulations so that a zero lot line shall be allowed along North Garth Avenue, adjacent to Lots 1, 2 and 3 of Crane’ s Subdivision.

    SECTION 7.    The City Council approves less stringent yard requirements than those set forth in Section 29-17(d)(2)b. of the Zoning Regulations so that a 5-foot rear yard shall be allowed adjacent to the R-2 zoned district.

    SECTION 8.    The City Council approves less stringent screening requirements than those set forth in Section 29-17(d)(6) of the Zoning Regulations so that a landscape strip varying in width from 1-foot to 6-feet shall be allowed along the north property line.

    SECTION 9.    The City Council approves less stringent screening requirements than those set forth in Section 29-17(d)(6) of the Zoning Regulations so that a landscape screen shall not be required behind the existing Labor Temple Building.

    SECTION 10. This ordinance shall be in full force and effect from and after its passage.

    PASSED this 16th day of October, 2006.