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HomeMy WebLinkAbout1101_OZ 17-02_SW C of 126 St N & N 135th E Ave Ag to CSTulsa County Clerk - Michael Willis Doc p 2017038476 Page(s): 5 �.t —• � 04/26/2017 08:32:06 6 AM Receipt 0 17 -22827 Fee: $ 21.00 °kcaHO^Q CITY OF OWASSO, OKLAHOMA ORDINANCE 1101 AN ORDINANCE APPROVING ZONING APPLICATION OZ -17 -02 CHANGING THE ZONING OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF E 126TH ST N AND HWY US169 FROM AG (AGRICULTURE) 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 application OZ 17 -02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1. A Tract of land that is part of Government Lot Three (3) of Section Four (4), Township Twenty -One (2 1) North, Range Fourteen (14) East, of the Indian Meridian, Tulsa County State of Oklahoma, said Tract being more particularly described as follows: Commencing at the Northwest Corner of said Government Lot 3; thence South 1'26'23" East along the Westerly line of Government Lot 3, for a distance of 50.00 feet to a point on the present Westerly right -of -way line of U.S. Highway 169; thence North 88 056'45" East along said right -of -way line, for a distance of 227.00 feet to the point of beginning; Thence continuing along the right -of -way line for the following Three (3) Courses: North 88 056'45" East for a distance of 130.42 feet to a point; thence South 84 050'06" East for a distance of 230.26 feet to a point; thence South 1 12513' East for a distance of 515.00 feet to a point; thence South 88 °34'47" West and perpendicular to the right -of -way line, for a distance of 37.65 feet to a point of curvature; thence along a 325.00 foot radius curve to the right, having a central angle of 36 000'47 ", for an arc distance of 204.28 feet to a point of tangency; thence North 55 024'26" West for a distance of 86.26 feet to a point of curvature; thence along a 50.00 foot radius curve to the left, having a central angle of 36 °01'59 ",for an arc distance of 31.44 feet to a point of tangency; thence South 88 033'35" West for a distance of 31.09 feet to a point; thence North 1 °26'23" West and parallel with said Westerly line, for a distance of 419.87 feet to the point of beginning. Said Tract containing 174,228 square feet, or 4.0 acres The same is hereby zoned from AG (Agriculture) 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. N 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. \�� OF 0` " Q(Q';ri PI C//IAyyL EAL (SEAL) .AHOMP Attest: - Sherry Bi6liop, City Cie, APP VED AS TO FORM: M e o O(A J e Lombardi, City Attorney PASSED AND APPROVED t . 18th day of April, 20 Lyndell u , Mayor .0 0 N N a u u m C1 Ul CL E O u w O Q) Wall� F O C O u D O1 w P U 0 O G1 N C lC N L � _ N O N � .0 O � W U1 L C N D O d I� m r jp 0 D N o O m A 0 E E O �o c c o. 10 m° rn° O 6. o a E N Oo O R "- a N N O u 1° n .5a r � G M �O N d M o`. 11 c nU - m u Ev N N (Q L � I- O. GD1®U4 LEGEND Subject Tract 11 11 11 ►1 AG I I 11 PUD- 05 -02A PUD -05 -02 1 1 1 ........1 Collinsville Corporate Limits Owasso Corporate Limits Z� St 0 100 200 400 300' Radius OZ 17-02 I i 0421-14 Tract N Feet 0 . X ) !)I /�$ {! #) \ §} ! /! \ () \ {• {]f !!\!f §!! .||wee +13 ER ■,« � | h$ k k � \v `2 # /£ O & ) !!!! . ! ƒ!£#)!! : ¥!<! o §§!!)]k| *\/ Weekly Group CITY OF OWASSOILEGALS Alin JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Owasso Reporter - Sand SpdnRe Leader Sklatook Journal - Wagoner County American- Tribune Tulsa Business b Legal News OKLAHOMA WEEKLY GROUP P.O, BOX 1770 TULSA, OK 74102-1770 Account Number 1015023 Date April 26, 2017 Date Category Description Ad Size Total Cost 04/26/2017 Legal Notices ORDINANCE 1101 2 x 96.00 CL 122.88 364133 Published in the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, April 26, 2017. CITY OF OWASSO, OKLAHOMA ORDINANCE 1101 AN ORDINANCE APPROVING ZONING APPLICA- TION OZ•1742 CHANGING THE ZONING OF PROP- ERTY LOCATED AT THE SOUTHWEST CORNER OF E 126TH ST N AND HWY US169 FROM AG (AG- RICULTURE) 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- sion and ail statements for or against the rezoning of the Property referenced In application OZ 17 -02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Sec . , A Tract of land that Is part of Government Lot Three (3) of Section Four (4), Township Twenty -One (21) North, Range Fourteen (14) East, of the Indian Merl. dian, Tulsa County State of Oklahoma, sold Tract bs- Ing more particularly described as follows: Commencing at the Northwest Corner of said Govern - menl Lot 3; thence South 1. 26123" East along the Westerly line of Government Lot 3, far a distance of 50.00 feet to a Point oa the Present Westerly f(allt -of- way line of U.S. Highway 169; thence North 06. 56'45" East along ..Id right -o( -way line, for o distance of 227.00 feet to the Point of beginning: Thence continuing along the right -of -way line for the following Three (3) Courses: North 88 "56'45" East for a distance of 130.42 feet to a Point; thence South 84 °50'06" East for o distance of 230.26 feet to a point; thence South 1 "25'13" East for a distance of 515.00 feet to o point; thence South 88 °34'47" West and Per- pendicular to the right -.f-way line, for a distance of 37.65 feet to a paint of curvature; thence along a 325.00 foot radius curve to the right, having a central angle of 36 °00'47", for an arc distance of 204.28 feet to a Paint of tangency; thence North 55 °24'26" West for a distance of 86.26 feet to a Point of curvature; thence along a 50.00 foot radius curve to the left, hav- ing o central angle of 36 "01159 ",for an arc distance of 31.44 feet to a point of tangency; thence South 8r33.35" West for a distance of 31.09 feet to a Point; thence North 1 "26'23" West and parallel with said Westerly line, for a distance of 419.87 feet to the Point of beginning. Said Tract containing 174,226 square feet, or 4.0 acres The some Is hereby zoned from AG (Agriculture) to CS (Commercial Shopping). Section 2. All ordinances or Parts of ordlnances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Sec 3. If any Part In parts of this ordinance are seemed uncon- shloll not be affected but shallt remains in full I orce and l ef- fect. 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. 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 mop. 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 orTitle 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(5) LISTED BELOW 0426/2017 Newspaper reference: 0000364133 V V Legal Represen Live Sworn to and subscribed before me this date: otary Public My Commission expires: /1? 00' -4j /P NOTARY PUBLIC "STATE OF OKLAHOMA coMM. exr. NANCY CAROL MOORE 1z- oe -zola COMMISSION # 06011684 TULSA COUNTY (0? sd The City Wit out Limits. gppR TO: Honorable Mayor and City Council C�FQ City of Owasso eyCO qpR FROM: Bronce L. Stephenson, MPA �f/ 2 U" C/( Director of Community Development U/% SUBJECT: Ordinance 1101, OZ 17 -02- Morrow SW corner of E 126th St N and N 135th E Ave -DATE: April 14, 2017 BACKGROUND: The Community Development Department has received a rezoning request for property located on the southwest corner of E 126th St N and N 135th E Ave. The property was annexed into the City Limits under Ordinance 832 in November 2005 and is unplatted. The subject property is approximately 4 acres in size and is part of the Morrow Place PUD. The applicant is requesting that the zoning be changed from AG (Agriculture) to CS (Commercial Shopping). SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Undeveloped N/A Tulsa County Number of Reserve Areas RS -3 /PUD 05 -02A Within PUD? PUD 05 -02A City of South (Residential Single- Undeveloped Residential Owasso Streets (public or private) Family High Density) East AG (Agriculture) Highway N/A City of Corridor Owasso RS -3 /PUD 05 -02A Single-Family y City of West (Residential Single- Residential Commercial Owasso Family High Density) SUBJECT PROPERTY /PROJECT DATA: Property Size 4 acres Current Zoning AG (Agriculture) Proposed Use Undisclosed Lots /Blocks N/A Land Use Plan Commercial Number of Reserve Areas N/A Within PUD? PUD 05 -02A Within Overlay District? US -169 Overlay District Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm siren fee of $35.00 per acre Ranch Creek Sanitary Sewer $610.33 per acre Morrow Lift Station $3,000.00 per acre Streets (public or private) N/A The applicant is requesting CS (Commercial Shopping) zoning be applied to the property. The Owasso Land Use Master Plan calls for commercial uses at this location, so applying CS (Commercial Shopping) zoning to the property is appropriate. The property immediately to the west is also denoted as commercial according to the Land Use Master Plan. The subject property is part of PUD 05 -02A, and the conceptual development plan shows commercial uses at this location, however the underlying zoning for this particular tract was never defined and remains as Agriculture. The rezoning will ensure conformity with the conceptual development plan that was approved as part of PUD 05 -02A. This area of the community is relatively undeveloped. However, this is expected to change upon the completion of the Morrow sanitary sewer lift station. This project is expected to be completed in the fall of 2017, after which development will likely to intensify in this area. Further, because this property has excellent access and visibility, one can expect it to be highly sought after for commercial development. Future development on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso, including but not limited to paved streets, landscaping, and sidewalks. The subject property also lies within the US -169 Overlay District, and must adhere to those requirements as well. The City of Owasso would provide sanitary sewer to the property, while Washington County Rural #3 would provide the water service. PLANNING COMMISSION: The Planning Commission considered this item at their regularly scheduled meeting on April 10, 2017, unanimously recommending approval. RECOMMENDATION: Staff recommends approval of Ordinance 1101, assigning a zoning designation of Commercial Shopping (CS). ATTACHMENTS: Ordinance 1101 Aerial Map Zoning Map Land Use Plan