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Home My WebLink About1094_OZ 16-11_304 N Main St RS-3 to CSTulsa County Clerk - Michael Willis Doc p 2017007 Page(s): 5 01124/2017 11::2020 :19 AM Receipt 111 17 -4408 Fee: $ 21.00 �KLAHOM4 CITY OF OWASSO, OKLAHOMA ORDINANCE 1094 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -16 -11 CHANGING THE ZONING OF PROPERTY LOCATED AT 304 N MAIN STREET FROM RS -3 (SINGLE - FAMILY RESIDENTIAL) TO CS (COMMERCIAL SHOPPING), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the rezoning of the property referenced in OZ- 16 -11. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1. Beginning at the Southeast corner of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter (NW /4 NW /4 SE /4) of Section Thirty (30), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, a tract of land described as follows: Thence West 210 feet; Thence North 150 feet; Thence East 210 feet; Thence South 150 feet to the Place of Beginning and is approximately .72 acres in size. The some is hereby zoned from RS -3 (Residential Single- family) to CS (Commercial Shopping). Section 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. 0 Attest: (SEAL) PASSED AN=AIIV D this 7th IG y n ary, 2017 Ly ell Zunn, Mayor Sherry Bish , City Clerk �N OFRICIAL 0 SEAL APPROVED AS TO FORM: kl qHO AP J i Lombardi, City Attorney 304 N Main St 1" = 94 ft Rezoning 12/20/2016 5 This map represents a visual display of related geographic information_ Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso Public staff for the most up-to -date information. _ _ ,��s �■ ■11111 111111111■ 1 1111® �MINIS, ■� 111 _ - - -- .0 -1 11111111 ■ =■ ■ ■ 1 IIII ■ ■ ■■ ■■W ■� ■■ Elm ■ 111 111 illllli ■■ 111111111�11�` . �� ■11� \IIII � � � \ ■� ■11111 � . � r / ■ ■ ■ ►I�IIII ■ ■ \IIII ■III � ■ � e ■ ■�� \■1■ ■1■ ■ MIIN X11. a 1111. 111111 ■ ■� ® ��. 111 ■1;■ mill C � ■ ■ ;, 1111 ■i LEGEND Owasso Corporate Limit MINIS OZ 16 -11 Land Use Plan LEGEND Lend Use Categories - Commercial - Industrial /Regional Employment Neighborhood Mixed Use (Light Office, Commercial Shopping, Attached Housing, SF Housing, Apartments above retail) Parks/Reareaton _ PubliclImbtutional /Quasi Public Residental Transitonal (Attached housing, duplexes, offices) ® US -tag Oveday District ® 'Glenn- MurAddition Special District ® "Dovmtovm Development District 100yr Floe Planned 1 "— Complete Existing h JL Fire Statio r. 0 ttt Existing Public School Future Public School ** *Downtown Development District Civilian Airstrip Part of the adopted 2004 Downtown Plan. this area is identified as a key redevelopment area. Future Park and Ride/Tramit Stop Industrial uses and intensive commercial zoning should be avoided. Rather, low intensity Hospital pedestrian scale commercial, office, and residential uses above retail should be encouraged, as Public Park well as attractive architecture. Signage should also be carefully controlled with an emphasis on Gott Course pedestrian scale. Consideration should be given to one or more of the following: implementation of mixed use zoning or form based codes, preparation of small area plan, Cemetery preparation of an overlay district, and formation of an architectural review board. 6 1 Weekly Group CITY OF OWASSO /LEGALS Attn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Broken Arrow Ledger . Owasso Reporter - Sand Springs Leader - Skiatook Journal Wagoner County American - Tribune Tulsa Business & Legal News OKLAHOMA WEEKLY GROUP P.O. BOX 26945 RICHMOND, VA 23261 -6472 Account Number 1015023 Date February 01, 2017 Date Category Description Ad Size Total Cost 02101/2017 Legal Notices ORDINANCE 1094 2 x 74.00 CL 94.72 335721 Published in the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, February 1, 2017, CITY OF OWASSO, OKLAHOMA ORDINANCE 1094 AN ORDINANCE APPROVING ZONING APPLICA- TION NUMBER OZ -1641 CHANGING THE ZONING OF PROPERTY LOCATED AT 304 N MAIN STREET FROM RS -3 (SINGLE - FAMILY RESIDEW TIAL) TO CS (COMMERCIAL SHOPPING), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commis, Stan and all statements for or against the rezoning of the property referenced in OZ- 16.11. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1, Beginning at the Southeast corner of the Northwest Quarter of the Northwest Quarter of the Southeast Quarter (NW /4 NW /4 SE 14) of Section Thirty (30), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, a tract of land descri- bed as follows: Thence West 210 feet; Thence North 150 feet; Thence East 210 feet: Thence South 150 feet to the Place of Beginning and is approximately.72 acres In size. The same is hereby zoned from RS -3 (Residential Single- family) to CS (Commercial Shopping). Section 2. A(1 ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any Part or parts of this ordinance are deemed uncon- stitutional, invalid or Ineffective, the remaining portion shall not be affected but shall remain in full force and ef- fKL Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as Provid- ed by state law. Section S. Thoth -re be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED AND APPROVED this 17th day of January, 2017 /s/ Lyndell Dunn, Mayor ATTEST: Attest: /s/Sherry Bishop, City Clerk APPROVED AS TO FORM: /sfJulie Lombardi, City Attorney Proof of Publication I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided In Section 106 or Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which Is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the DATE(S) LISTED BELOW 02/01/2017 Newspaper reference: 0000335721 Legal Representative Sworn to and subscribed before me this date: Public in and for OF OKLAHOMA Sian #16004547 s: May 6, 2020 My Commission expires: �� - u) � �-?o d � S-5 co The City Wit out Limits. PpBAOVjEFD By COVNC /C TO: The Honorable Mayor and City Council JAN 17 2U11 City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Ordinance 1094 - Rezoning OZ -16 -11 Plat Waiver for 304 N Main Street DATE: January 13, 2017 BACKGROUND: The City of Owasso received for review and consideration a rezoning application for property located at 304 N Main Street. The property, which has never been platted, is 0.72 gross acres in size, with 0.25 acres of undedicated City right -of -way. If the right -of -way area is subtracted out of the total acreage, then 0.47 acres remains. The property falls within the recently approved TIF District and is within the amended Downtown Development District on the Land Use Plan. However, the property does not fall within the Downtown Overlay District defined in the Zoning Code. The applicant requests that the zoning be changed from RS -3 (Single - Family Residential High Density) to CS (Commercial Shopping). SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction RS -3 (Single- Family Single Family Downtown North Residential High Home Development City of Owasso Density) District South CS (Commercial Commercial Downtown Development City of Owasso Shopping) Parking Lot District RS -3 (Single - Family Residential High Single Family East Density) CS Residential City of Owasso (Commercial Home Shopping) RS -3 (Single - Family Single Family West Residential High Home Residential City of Owasso Density) SUBJECT PROPERTY /PROJECT DATA: Property Size 0.72 gross acres Current Zoning RS -3 Proposed Use Commercial Lots /Blocks N/A Land Use Plan Downtown Development District Number of Reserve Areas N/A Within PUD? No Within Overlay District? No Water Zoviler I City of Owasso Applicable Paybacks Storm siren fee of $35 Streets (public or rivate N/A ANALYSIS: The applicant is requesting CS (Commercial Shopping) zoning be applied to the property. The property falls within the Downtown Development District on the recently amended Land Use Master Plan, which allows CS zoning and encourages development to be pedestrian in scale and low intensity commercial development. Additionally, mixed use structures, with office or retail on the ground floor and loft apartments above are also encouraged in this area. A description of the Downtown Development District from the Land Use Master Plan is shown below. *"Downtown Development District Part of the adopted 2004 Downtown Plan. this area is identified as a key redevelopment area. Industrial uses and intensive commercial zoning should be avoided. Rather, low intensity pedestrian scale commercial, office. and residential uses above retail should be encouraged, as well as attractive architecture. Signage should also be carefully controlled with an emphasis on pedestrian scale. Consideration should be given to one or more of the following: implementation of mixed use zoning or form based codes, preparation of small area plan, preparation of an overlay district, and formation of an architectural review board. The CS zoning requested is the most common commercial zoning found in Owasso and allows for a variety of retail oriented uses. Commercial zoning and uses are located to the south of the property and residential uses to the north, west and east. The size of the property typically dictates the intensity of the use. The subject property is 0.72 gross acres in size, however approximately 0.25 acres includes the right -of -way on Main Street. This property was never platted and therefore no dedications ever occurred, yet easement has allowed City streets and services within the undedicated portion. Because the net size of the tract is only 0,47 acres, it will self - govern the intensity of use that can occur on the property. Further, if any redevelopment occurs on the tract, it would have to accommodate for parking and landscaping, which will dictate the size of any structure placed on it. PLAT WAIVER: Since zoning cannot be approved with conditions, this case involves two actions. One is for the rezoning and the other is for a plat waiver subject to conditions. According to the City of Owasso Subdivision Regulations, Section 1.5, Subdivision Plat Requirement and Waiver, the Planning Commission and City Council have the authority approve plat waivers in situations where platting would not yield additional benefits to the City. It is within the City's authority to approve a plat waiver, subject to conditions similar to some lot split approvals. Because this property was never platted, the right -of -way was never dedicated along Main Street in this location. The right -of -way can be obtained with a general warranty deed; therefore staff does not believe that platting is necessary. There are no utility easements on the property, but there is a 5' utility easement on the property immediately to the west that also contains a sewer main. Considering this, it is recommended that an i l' utility easement be provided along the west boundary of the subject property to ensure an adequate easement for any future utility expansions. The remainder of the property appears to be adequately served with utilities and has room for only one point of access. If the aforementioned items are made conditions of the plat waiver, staff believes that platting the property would not yield any additional benefits to the City and therefore is not necessary. However, any development that occurs on the subject property, including upfits or expansions, must adhere to all subdivision, building code, zoning, and engineering requirements including, but not limited to, landscaping and parking requirements. The City of Owasso will provide Police, Fire, EMS, and sanitary sewer and water services to the property. PLANNING COMMISSION: At their regular meeting on January 9, 2017, the Planning Commission voted 4 -0 to recommend approval of rezoning, OZ 16 -11, and in a separate vote of 4 -0, recommended approval of the plat waiver request subject to the conditions presented by staff. RECOMMENDATION: Staff recommends approval of Ordinance 1094 approving OZ 16 -11 and rezoning the subject property from RS -3 to CS. Staff recommends approval of a plat waiver subject to the following conditions: • The area of the property within City right -of -way be deeded to the City of Owasso, and • An 11' utility easement be recorded along the west boundary of the property. ATTACHMENTS: Ordinance 1094 Aerial Map Zoning Map Land Use Map