Section 110-200; Ord. 20262; Extending the corporate limits of the City of Columbia, Missouri, by annexing property located southwest of State Route WW and Elk Park Drive; placing the property annexed in Districts C-P, O-P and PUD-9


Ordinance No. 20262                            Council Bill No. B 62-09 A

     AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located southwest of State Route WW and Elk Park Drive; directing the City Clerk to give notice of the annexation; placing the property annexed in Districts C-P, O-P and PUD-9; setting forth conditions for approval; 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 City Council hereby finds that verified petitions were filed with the City on January 28, 2009, requesting the annexation of land which is contiguous and compact to the existing corporate limits of the City and which is described in Section 4 of this ordinance.  The petitions were signed by Randy Adams, a member of Grindstone Investments, LLC and GM Columbia Properties, LLC, the owners of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on March 16, 2009.  Notice of this hearing was published more than seven days prior to the hearing in two newspapers of general circulation qualified to publish legal matters.  At the public hearing all interested persons, corporations and political subdivisions were permitted to present evidence regarding the proposed annexation.

    SECTION 2.    The Council determines that the annexation is reasonable and necessary to the proper development of the City and that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time.

    SECTION 3.    The Council determines that no written objection to the proposed annexation has been filed within fourteen days after the public hearing.

SECTION 4.    The City Council hereby extends the city limits by annexing the land described in Section 1-11.205 of the Code of Ordinances of the City of Columbia, Missouri, which is hereby added to Chapter 1 of the City Code and which reads as follows:

    Section 1-11.205. May, 2009 Extension of Corporate Limits.

The corporate limits of the City of Columbia shall include the following land:

TRACT 1
A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACTS DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 2453, PAGE 54 AND BOOK 2828, PAGE 174 AND BEING LOT 4 SOUTHFORK OF THE GRINDSTONE PLAT 2, RECORDED IN BOOK 41, PAGE 78 OF THE BOONE COUNTY RECORDS AND CONTAINING 8.13 ACRES.

TRACT 2
A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 16 AND IN THE NORTHEAST QUARTER OF SECTION 21, BOTH IN TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 2453, PAGE 54 AND BOOK 2828, PAGE 174 AND PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 3225, PAGE 114 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 16-48-12 AS SHOWN BY SAID SURVEY RECORDED IN BOOK 3225, PAGE 114; THENCE WITH THE LINES OF SAID SURVEY, N0°46’ 10”E, 225.46 FEET; THENCE N88°31’ 50”E, 404.87 FEET; THENCE S89°13’ 50”E, 11.85 FEET; THENCE S0°51’ 40”W, 255.26 FEET; THENCE S28°43’ 40”W, 232.83 FEET; THENCE S45°52’ 55”W, 147.12 FEET; THENCE N78°43’ 50”W, 209.87 FEET; THENCE LEAVING THE LINES OF SAID SURVEY, CONTINUING N78°43’ 50”, 11.85 FEET; THENCE N11°16’ 10”E, 84.50 FEEET; THENCE N0°46’ 10”E, 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.61 ACRES.

TRACT 3
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACTS DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 2453, PAGE 54 AND BOOK 2828, PAGE 174 AND PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 3225, PAGE 114 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21-48-12; THENCE WITH THE SECTION LINE, S88°56’ 25”E, 1328.75 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QURTER OF THE NORTHEAST QUARTER OF SAID SECTION 21-48-12; THENCE LEAVING SAID SECTION LINE S0°46’ 10”W, 200.00 FEET; THENCE S11°16’ 10”W, 84.50 FEET; THENCE S78°43’ 50”E, 11.85 FEET; THENCE S14°35’ 05”W, 150.68 FEET; THENCE 36.27 FEET ALONG A 175.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S8°38’ 50”W, 36.21 FEET; THENCE S2°42’ 35”W, 370.89 FEET; THENCE N89°32’ 10”W, 766.27; THENCE N63°46’ 25”W, 119.33 FEET; THENCE N89°32’ 10”W,  414.95 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 21-48-12; THENCE WITH SAID WEST LINE, N2°01’ 15”E, 800.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 24.83 ACRES.

    SECTION 5.    The City Clerk is hereby authorized and directed to cause three certified copies of this ordinance to be filed with the Clerk of Boone County, Missouri and three certified copies with the Assessor of Boone County, Missouri.  The City Clerk is further authorized and directed to forward to the Missouri Department of Revenue, by registered or certified mail, a certified copy of this ordinance and a map of the City clearly showing the area annexed to the City.

    SECTION 6.    The property described in Section 4 is in the Sixth Ward.

    SECTION 7.    The Zoning District Map established and adopted by Section 294 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 1
A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACTS DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 2453, PAGE 54 AND BOOK 2828, PAGE 174 AND BEING LOT 4 SOUTHFORK OF THE GRINDSTONE PLAT 2, RECORDED IN BOOK 41, PAGE 78 OF THE BOONE COUNTY RECORDS AND CONTAINING 8.13 ACRES.

will be zoned and become a part of District C-P (Planned Business District) subject to the following conditions:

1.    An update to the 2004 traffic study shall be submitted concurrent with development plan submittal.

2.    Future development plans shall substantially conform to the compatibility guidelines for a neighborhood marketplace as identified in the Metro 2020 Plan.

3.    Future development plans shall provide a minimum 25-foot landscaped screening buffer along the entire length of the western property line.

Hereafter the property may be used for all permitted uses in District O-1, with the exception of freestanding residential buildings, and the following uses:

Convenience stores with fuel services
Restaurants, cafes and cafeterias
Bars, cocktail lounges and nightclubs
Car washes

The statement of intent, marked “Exhibit A,” is attached to and made a part of this ordinance.

    SECTION 8.    The Zoning District Map established and adopted by Section 294 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 2
A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 16 AND IN THE NORTHEAST QUARTER OF SECTION 21, BOTH IN TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACT DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 2453, PAGE 54 AND BOOK 2828, PAGE 174 AND PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 3225, PAGE 114 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 16-48-12 AS SHOWN BY SAID SURVEY RECORDED IN BOOK 3225, PAGE 114; THENCE WITH THE LINES OF SAID SURVEY, N0°46’ 10”E, 225.46 FEET; THENCE N88°31’ 50”E, 404.87 FEET; THENCE S89°13’ 50”E, 11.85 FEET; THENCE S0°51’ 40”W, 255.26 FEET; THENCE S28°43’ 40”W, 232.83 FEET; THENCE S45°52’ 55”W, 147.12 FEET; THENCE N78°43’ 50”W, 209.87 FEET; THENCE LEAVING THE LINES OF SAID SURVEY, CONTINUING N78°43’ 50”, 11.85 FEET; THENCE N11°16’ 10”E, 84.50 FEEET; THENCE N0°46’ 10”E, 200.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 4.61 ACRES.

will be zoned and become a part of District O-P (Planned Office District).  Hereafter the property may be used for all permitted uses in District O-1 (except those excluded below) and the following uses:

Buildings and premises for public utility services or public service corporations
Drive-up facilities incidental to any permitted uses.
Halfway houses for not more than fifteen (15) occupants, provided that the council finds that the proposed use would not be detrimental to the public interest considering the size and character of the proposed facility and its proximity to schools, churches, mosques, synagogues, single-family residences and other halfway houses. (Property zoned O-P before March 18, 2002, the date on which this use was added to this section, may not be used for a halfway house unless the council passes an ordinance changing the permitted uses of the property to include halfway houses.)
Hospitals for small animals, if within an enclosed building
Research and development laboratories, provided there is minimal/insignificant use of hazardous materials based on a risk assessment
Temporary shelter
Customary accessory uses subject to the provisions of section 29-27 of the City Code

The following uses shall be excluded:  

Apartment houses
Boardinghouses or lodging houses
Fraternity or sorority houses and dormitories
    Freestanding residential buildings

The statement of intent submitted by applicant, marked “Exhibit B” is attached to and made a part of this ordinance.

    SECTION 9.    The Zoning District Map established and adopted by Section 294 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 3
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI, BEING PART OF THE TRACTS DESCRIBED BY THE WARRANTY DEEDS RECORDED IN BOOK 2453, PAGE 54 AND BOOK 2828, PAGE 174 AND PART OF THE TRACT DESCRIBED BY THE SURVEY RECORDED IN BOOK 3225, PAGE 114 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 21-48-12; THENCE WITH THE SECTION LINE, S88°56’ 25”E, 1328.75 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QURTER OF THE NORTHEAST QUARTER OF SAID SECTION 21-48-12; THENCE LEAVING SAID SECTION LINE S0°46’ 10”W, 200.00 FEET; THENCE S11°16’ 10”W, 84.50 FEET; THENCE S78°43’ 50”E, 11.85 FEET; THENCE S14°35’ 05”W, 150.68 FEET; THENCE 36.27 FEET ALONG A 175.00-FOOT RADIUS CURVE TO THE LEFT, SAID CURVE HAVING A CHORD, S8°38’ 50”W, 36.21 FEET; THENCE S2°42’ 35”W, 370.89 FEET; THENCE N89°32’ 10”W, 766.27; THENCE N63°46’ 25”W, 119.33 FEET; THENCE N89°32’ 10”W,  414.95 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 21-48-12; THENCE WITH SAID WEST LINE, N2°01’ 15”E, 800.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 24.83 ACRES.

will be zoned and become a part of District PUD-9 (Planned Unit Development) with a development density not exceeding nine dwelling units per acre subject to the following conditions:  

1.    An update to the 2004 traffic study shall be submitted concurrent with development plan submittal.

2.    A 3.64 acre common lot/buffer area shall be preserved along the western property line.

3.    No additional removal of trees shall occur along the site’ s western property line.

Hereafter the property may be used for one-family dwellings and two-family dwellings. The statement of intent submitted by applicant, marked “Exhibit C” is attached to and made a part of this ordinance.

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

    PASSED this 4th day of May, 2009.