Section 110-550; Withdrawn B178-09; Extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the south side of Richland Road, along both sides of Rolling Hills Road, extended


Ordinance No. Withdrawn and Replaced by B312-09             Council Bill No. B 178-09

     AN ORDINANCE

extending the corporate limits of the City of Columbia, Missouri, by annexing property located on the south side of Richland Road, along both sides of Rolling Hills Road, extended; directing the City Clerk to give notice of the annexation; placing the property annexed in Districts C-P, PUD-10, PUD-5 and PUD-8; authorizing a development agreement; directing the city clerk to have the development agreement recorded; 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 a verified petition was filed with the City on April 23, 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.  This petition was signed by Robert Hollis, the authorized agent for East Richland Road Properties, L.L.C. and Richland Road Properties, L.L.C., the owners of the fee interest of record in the land proposed to be annexed.  A public hearing was held concerning this matter on July 6, 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 1-11.208 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 1-11.208. July, 2009 Extension of Corporate Limits.

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

FIVE (5) TRACTS OF LAND LOCATED IN THE NORTH HALF OF SECTION 15 AND THE NORTHEAST QUARTER OF SECTION 16, ALL OF TOWNSHIP 48 NORTH, RANGE 12 WEST, BOONE COUNTY, MISSOURI AND BEING TRACT 3-B OF THE SURVEY RECORDED IN BOOK 2785, PAGE 46 AND BEING THE TRACTS SHOWN BY THE SURVEYS RECORDED IN BOOK 851, PAGE 760 AND THE SURVEY RECORDED IN BOOK 2629, PAGE 100 AND DESCRIBED BY THE DEED RECORDED IN BOOK 2632, PAGE 137, THE WARRANTY DEED RECORDED IN BOOK 3118, PAGE 101 AND THE TRUSTEE’ S DEED RECORDED IN BOOK 2838, PAGE 123 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

TRACT 1
BEGINNING AT THE NORTHWEST CORNER OF SAID SURVEY RECORDED IN BOOK 2629, PAGE 100 AND WITH THE NORTH LINE THEREOF; N89º26’ 15”E, 1932.35 FEET TO THE NORTHWEST CORNER OF SAID SECTION 15; THENCE WITH THE NORTH LINE OF SAID SECTION, N88º28’ 25”E, 671.66 FEET TO THE NORTHEAST CORNER OF SAID SURVEY RECORDED IN BOOK 851, PAGE 760; THENCE LEAVING THE NORTH LINE OF SAID SECTION AND WITH THE EAST LINE OF SAID SURVEY, S0º40’ 00”W, 1400.08 FEET; THENCE LEAVING SAID EAST LINE, N82º16’ 35”W, 185.36 FEET; THENCE S71º59’ 15”W, 257.05 FEET; THENCE N81º02’ 25”W, 615.98 FEET; THENCE S66º40’ 40”W, 750.61 FEET; THENCE N79º05’ 20”W, 282.67 FEET; THENCE S68º02’ 55”W, 545.36 FEET; THENCE N85º39’ 35”W, 102.48 FEET TO THE WEST LINE OF SAID SURVEY RECORDED IN BOOK 2629, PAGE 100; THENCE WITH THE WEST LINE OF SAID SURVEY, N0º44’ 55”E, 446.66 FEET; THENCE N0º47’ 35”E, 1315.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 90.09 ACRES.

TRACT 2
COMMENCING AT THE NORTHEAST CORNER OF TRACT 3-B OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46 AND WITH THE NORTH LINE, S89º49’ 15”W, 703.90 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID NORTH LINE, S0º02’ 05”W, 784.34 FEET; THENCE N89º57’ 55”W, 896.68 FEET; THENCE N0º40’ 00”E, 112.62 FEET; THENCE N89 º43’ 25”W, 62.82 FEET; THENCE N0 º16’ 35”E, 657.44 FEET TO THE NORTH LINE OF SAID SURVEY; THENCE WITH SAID NORTH LINE, N88º28’ 05”E, 445.88 FEET; THENCE N89º49’ 15”E, 509.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 16.98 ACRES.

TRACT 3
COMMENCING AT THE NORTHEAST CORNER OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46 AND WITH THE NORTH LINE THEREOF, S89º49’ 15”W, 1213.87 FEET; THENCE S88º28’ 05”W, 445.88 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID NORTH LINE, S0°16’ 35”E, 657.44 FEET TO THE WEST LINE OF SAID SURVEY; THENCE WITH THE LINES OF SAID SURVEY, N89°43’ 25”W, 444.26 FEET; THENCE N0°40’ 00”E, 643.56 FEET TO THE NORTH LINE OF SAID SURVEY; THENCE WITH SAID NORTH LINE, N88°28’ 05”E, 440.09 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.60 ACRES.

TRACT 4
BEGINNING AT THE NORTHEAST CORNER OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46 AND WITH THE EAST LINE THEREOF, S0°40’ 00”W, 400.00 FEET; THENCE S22°54’ 00”W, 397.00 FEET; THENCE S40°10’ 15”W, 1296.48 FEET; THENCE LEAVING SAID EAST LINE, N12°18’ 05”W, 746.64 FEET; THENCE N0°02’ 05”E, 240.58 FEET; THENCE S89°57’ 55”E, 450.00 FEET; THENCE N0°02’ 05”E, 784.34 FEET TO THE NORTH LINE OF SAID SURVEY; THENCE WITH SAID NORTH LINE, N89°49’ 15”E, 703.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 23.23 ACRES.

TRACT 5
COMMENCING AT THE NORTHWEST CORNER OF SAID SURVEY RECORDED IN BOOK 2629, PAGE 100; THENCE WITH THE WEST LINE OF SAID SURVEY, S0°47’ 35”W, 1315.05 FEET; THENCE S0°44’ 55”W, 446.66 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID WEST LINE, S85°39’ 35”E, 102.48 FEET; THENCE N68°02’ 55”E, 545.36 FEET; THENCE S79°05’ 20”E, 282.67 FEET; THENCE N66°40’ 40”E, 750.61 FEET; THENCE S81°02’ 25”E, 615.98 FEET; THENCE N71°59’ 15”E, 257.05 FEET; THENCE S82°16’ 35”E, 185.36 FEET TO THE NORTHWEST CORNER OF TRACT 3-B OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46; THENCE WITH THE LINES OF SAID SURVEY, N88°28’ 30”E, 1636.48 FEET; THENCE N0°40’ 00”E, 628.08 FEET; THENCE LEAVING THE LINES OF SAID SURVEY, S89°57’ 55”E, 446.67 FEET; THENCE S0°02’ 10”W, 240.58 FEET; THENCE S12°18’ 05”E, 746.64 FEET TO THE EAST LINE OF SAID TRACT 3-B; THENCE WITH THE LINES OF SAID TRACT, S40°10’ 15”W, 405.75 FEET; THENCE S1°12’ 10”W, 609.98 FEET; THENCE S89°13’ 45”W, 2651.96 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 15 AS SHOWN IN THE SURVEY RECORDED IN BOOK 2629, PAGE 100; THENCE WITH THE LINES OF SAID SURVEY, S89°38’ 25”W, 1945.56 FEET; THENCE N0°44’ 55”E, 868.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 134.59 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 Third Ward.

    SECTION 7.    The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 1
BEGINNING AT THE NORTHWEST CORNER OF SAID SURVEY RECORDED IN BOOK 2629, PAGE 100 AND WITH THE NORTH LINE THEREOF; N89º26’ 15”E, 1932.35 FEET TO THE NORTHWEST CORNER OF SAID SECTION 15; THENCE WITH THE NORTH LINE OF SAID SECTION, N88º28’ 25”E, 671.66 FEET TO THE NORTHEAST CORNER OF SAID SURVEY RECORDED IN BOOK 851, PAGE 760; THENCE LEAVING THE NORTH LINE OF SAID SECTION AND WITH THE EAST LINE OF SAID SURVEY, S0º40’ 00”W, 1400.08 FEET; THENCE LEAVING SAID EAST LINE, N82º16’ 35”W, 185.36 FEET; THENCE S71º59’ 15”W, 257.05 FEET; THENCE N81º02’ 25”W, 615.98 FEET; THENCE S66º40’ 40”W, 750.61 FEET; THENCE N79º05’ 20”W, 282.67 FEET; THENCE S68º02’ 55”W, 545.36 FEET; THENCE N85º39’ 35”W, 102.48 FEET TO THE WEST LINE OF SAID SURVEY RECORDED IN BOOK 2629, PAGE 100; THENCE WITH THE WEST LINE OF SAID SURVEY, N0º44’ 55”E, 446.66 FEET; THENCE N0º47’ 35”E, 1315.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 90.09 ACRES.

will be zoned and become a part of District C-P (Planned Office District).  Hereafter the property may be used for all permitted uses in District C-3 with the exception of the following uses:

Self-service storage facilities.
Newspaper publishing plants.
Printing shops.
Storage lots for inoperable vehicles, machinery under repair or the like.

The statement of intent submitted by applicant, marked “Exhibit A” is attached to and made a part of this ordinance.  Conditional uses, other than communications antennas and towers are not allowed in District C-P.  The proposed uses set forth in the statement of intent shall not be permitted except as authorized in sections 7 through 11 of this ordinance.

    SECTION 8.    The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 2
COMMENCING AT THE NORTHEAST CORNER OF TRACT 3-B OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46 AND WITH THE NORTH LINE, S89º49’ 15”W, 703.90 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID NORTH LINE, S0º02’ 05”W, 784.34 FEET; THENCE N89º57’ 55”W, 896.68 FEET; THENCE N0º40’ 00”E, 112.62 FEET; THENCE N89 º43’ 25”W, 62.82 FEET; THENCE N0 º16’ 35”E, 657.44 FEET TO THE NORTH LINE OF SAID SURVEY; THENCE WITH SAID NORTH LINE, N88º28’ 05”E, 445.88 FEET; THENCE N89º49’ 15”E, 509.97 FEET TO THE POINT OF BEGINNING AND CONTAINING 16.98 ACRES.

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

Billiard halls and game arcades.
Bicycle repair shops.
Miniature golf courses or driving ranges.
Hospitals for small animals, if within an enclosed building.

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

    SECTION 9.    The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 3
COMMENCING AT THE NORTHEAST CORNER OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46 AND WITH THE NORTH LINE THEREOF, S89º49’ 15”W, 1213.87 FEET; THENCE S88º28’ 05”W, 445.88 FEET TO THE POINT OF BEGINNING;

THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID NORTH LINE, S0°16’ 35”E, 657.44 FEET TO THE WEST LINE OF SAID SURVEY; THENCE WITH THE LINES OF SAID SURVEY, N89°43’ 25”W, 444.26 FEET; THENCE N0°40’ 00”E, 643.56 FEET TO THE NORTH LINE OF SAID SURVEY; THENCE WITH SAID NORTH LINE, N88°28’ 05”E, 440.09 FEET TO THE POINT OF BEGINNING AND CONTAINING 6.60 ACRES.

will be zoned and become a part of District PUD-10 (a Planned Unit Development) with a development density of not more than 10 dwelling units per acre.  Hereafter the property may be used for all permitted uses set forth in section 29-10 of the City Code. The statement of intent submitted by applicant, marked “Exhibit A” is attached to and made a part of this ordinance.

    SECTION 10.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 4
BEGINNING AT THE NORTHEAST CORNER OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46 AND WITH THE EAST LINE THEREOF, S0°40’ 00”W, 400.00 FEET; THENCE S22°54’ 00”W, 397.00 FEET; THENCE S40°10’ 15”W, 1296.48 FEET; THENCE LEAVING SAID EAST LINE, N12°18’ 05”W, 746.64 FEET; THENCE N0°02’ 05”E, 240.58 FEET; THENCE S89°57’ 55”E, 450.00 FEET; THENCE N0°02’ 05”E, 784.34 FEET TO THE NORTH LINE OF SAID SURVEY; THENCE WITH SAID NORTH LINE, N89°49’ 15”E, 703.90 FEET TO THE POINT OF BEGINNING AND CONTAINING 23.23 ACRES.

will be zoned and become a part of District PUD-5 (a Planned Unit Development) with a development density of not more than 5 dwelling units per acre.  Hereafter the property may be used for all permitted uses set forth in section 29-10 of the City Code.  The statement of intent submitted by applicant, marked “Exhibit A” is attached to and made a part of this ordinance.

    SECTION 11.  The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended so that the following described property:

TRACT 5
COMMENCING AT THE NORTHWEST CORNER OF SAID SURVEY RECORDED IN BOOK 2629, PAGE 100; THENCE WITH THE WEST LINE OF SAID SURVEY, S0°47’ 35”W, 1315.05 FEET; THENCE S0°44’ 55”W, 446.66 FEET TO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING AND LEAVING SAID WEST LINE, S85°39’ 35”E, 102.48 FEET; THENCE N68°02’ 55”E, 545.36 FEET; THENCE S79°05’ 20”E, 282.67 FEET; THENCE N66°40’ 40”E, 750.61 FEET; THENCE S81°02’ 25”E, 615.98 FEET; THENCE N71°59’ 15”E, 257.05 FEET; THENCE S82°16’ 35”E, 185.36 FEET TO THE NORTHWEST CORNER OF TRACT 3-B OF SAID SURVEY RECORDED IN BOOK 2785, PAGE 46; THENCE WITH THE LINES OF SAID SURVEY, N88°28’ 30”E, 1636.48 FEET; THENCE N0°40’ 00”E, 628.08 FEET; THENCE LEAVING THE LINES OF SAID SURVEY, S89°57’ 55”E, 446.67 FEET; THENCE S0°02’ 10”W, 240.58 FEET; THENCE S12°18’ 05”E, 746.64 FEET TO THE EAST LINE OF SAID TRACT 3-B; THENCE WITH THE LINES OF SAID TRACT, S40°10’ 15”W, 405.75 FEET; THENCE S1°12’ 10”W, 609.98 FEET; THENCE S89°13’ 45”W, 2651.96 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 15 AS SHOWN IN THE SURVEY RECORDED IN BOOK 2629, PAGE 100; THENCE WITH THE LINES OF SAID SURVEY, S89°38’ 25”W, 1945.56 FEET; THENCE N0°44’ 55”E, 868.14 FEET TO THE POINT OF BEGINNING AND CONTAINING 134.59 ACRES.

will be zoned and become a part of District PUD-8 (a Planned Unit Development) with a development density of not more than 8 dwelling units per acre.  Hereafter the property may be used for all permitted uses set forth in section 29-10 of the City Code.  The statement of intent submitted by applicant, marked “Exhibit A” is attached to and made a part of this ordinance.

    SECTION 12.  The City Manager is hereby authorized to execute a development agreement with East Richland Road Properties, L.L.C. and Richland Road Properties, L.L.C. relating to the annexation of property located on the south side of Richland Road, along both sides of Rolling Hills Road, extended.  The form and content of the agreement shall be substantially as set forth in "Exhibit B" attached hereto and made a part hereof as fully as if set forth herein verbatim.

    SECTION 13.  The City Clerk is authorized and directed to have a certified copy of the development agreement recorded in the office of the Boone County Recorder of Deeds.

    SECTION 14.  This ordinance shall be in full force and effect from and after its passage.

    WITHDRAWN this 19th day of October, 2009.