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HomeMy WebLinkAbout1105_OZ 17-05_ NW C of E 86th St N & N Mingo Rd_Casey's General Store AG to CSTulsa County Clerk - Michael Willis Doc p 2017079559 Page(s): 5 08/28/2017 01:28:08 PM Receipt q 17 -48183 ok oMP Fee: $ 21.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1105 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -17 -05 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE' /4 SE' /4) OF SECTION TWENTY -FOUR (24), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA 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 OZ- 17 -05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1. A tract of land located in the Southeast Quarter of the Southeast Quarter (SE'/4 SE / <) of Section Twenty -four (24), Township Twenty -One (21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows, to wit: COMMENCING at the Southeast Comer of the SEY4 of the SE'/4 of Section 24, Township 21 North, Range 13 East, I.B. &M.; THENCE South 88° 41' 35" West along the South line of said SETA of the SE A a distance of 303.67 feet to the Easterly Railroad Right -of -Way of the Southern Kansas and Oklahoma Railroad; THENCE North 22° 22' 19" West along said Railroad Right -of -Way a distance of 64.29 feet to the POINT OF BEGINNING being on the present Right -of -Way of East 86th Street North; THENCE North 22° 22' 19" West along said Railroad Right -of -Way a distance of 346.36 feet; THENCE North 880 41' 35" East a distance of 401.32 feet to the present Right -of -Way of North Mingo Road; THENCE South 010 17' S9" East along said present Right -of -Way of North Mingo Road a distance of 298.21 feet; THENCE South 430 41' 48" West along said present Right -of -Way of North Mingo Road and East 86th Street North a distance of 35.36 feet; THENCE South 88° 41'35" West a distance of 251.79 feet to the POINT OF BEGINNING. 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. 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.. PASSED AND APPROVED this 15th day of August, 201 Sherry Bishof5, City Clerk // G��`f OF OFFICIAL 0 (SEAL) SEAL OkCAHOO' APPROYCD AS TO FORM: Julie [Ambardi, City Attorney Casey's General Store 1" = 376 ft Rezoning 07/20/2017 Z S 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_ RM PUD 15 -01 Subject Tract �r�flA -1 r 0 e LEGEND Owasso Corporate Limits e 0 0 N TiM PU f.c3 Uzi Subject 0 Sao 200 400 " 300 Radius Uzi Tract OZ 17 -05 1 1 I at 1 2421-13 .,� Fe i OZ 17 -05 Casey's General Store LEGEND Lend Use Categories - Commercial - IndustdallRegional Employment Neighborhood Mixed Use (Light Once, i' Commercial Shopping, Attached Housing, SF Housing, Apartments above retail) Parks/Recreation - Public/Institutiona9Quasl Public Residential �. Transitional (Attached housing, duplexes, offices) ® US-169 Overlay District ®•GlenrvMurAddilion Special District ® .-Downtown Development District Subject Property .... t 100yr Floodplain Planned Trail/On-Street Bikeroute/ Complete Street E)dsVng troll • Fire Station Existing Pudic School c Futum Public School -r Gvilion Ainsrip 15 Future Park and R derrmnsn Stop ® Hospital Q Public Park -4 Goff Course ttt Cemetery M� fl CC 0 Ch Z = - . . f f ■ . all ;* 0 E 86th St N Elam Owasso Reporter •Seod Springs Leader uxi=oma Skiatook loumal, Wagoner County AmericamTdbune Tulsa Business & Legal News OKLAHOMA WEEKLY GROUP In P.O. BOX 1770 TULSA, OK 74102 -1770 CITY OF OWASSO /LEGALS AOn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Account Number 1015023 Date August 30, 2017 Date _ Category Description Ad Size Total Cost 08/30/2017 Legal Notices ORDINANCE NO. 1105 2 x 93.00 CL 119,04 Proof of Publication Published In the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, August 30, 2017. I, of lawful age, being duly Swom, am a legal representative of CITY OF OWASSO , OKLAHOMA ORDINANCE 1105 AN ORDINANCE APPROVING ZONING APPLICA- TION NUMBER OZ-1745 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SEV4 SEV4) OF SECTION TWENTY -FOUR (24), TOWN- SHIP TWENTY -ONE (21) NORTH, RANGE THIR. TEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHO- MA FROM AG (AGRICULTURE) TO CS (COMMER- CIAL SHOPPING), AND REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH. WHEREAS, public hearings have been held regarding the request far ravening of the property herein described, and WHEREAS, City Council ommenA tionn of tthew soPlanning Commis- Stan and oil statements for or against the rezoning of the Property referenced In OZ -17 -05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section T. A trap of land [mated In the Southeast Quarter of the Southeast Quarter (SETA SEW) of Section Twemy -four (24), Township Twenty-One (21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, accord- ing to the U.S. Government Survey thereof, being more Particularly described as follows, to wit: The some Is hereby zoned from AG (Agriculture) M CS (Commercial Shopping) Section 2 Ali ordinance are Parts Of Ordinances, In extent of tthe conflict only. If ayP rt or Parts of this ordinance ore deemed uncon- stitutional, invalid or Ineffective, the remaining Portion Shall not be affected but shall remoln In full force and ef- fect. c 4. thirty (30)sdo" from) the date of final shall become I ad by state law. 0 also oun be filed In the true of the co County Clerk t cre Tulsa County, Oklahoma, a true and correct copy of this Ordinance and Correct MPP. PASSED AND APPROVED this 15th day of August, M17 /St Lundell Dunn, Mayor ATTEST: Sheen Bishop, City Clerk s/ Jul C APPROVED le Lombardi City FORM: 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 08/30/2017 Newspaper reference: 0000403144 If L gal Representative Sworn to and subscribed before me this date: 6P�0�7 o �ar (sQ Irl ow- Notary Public My Commission expires: 42 "a _ozV /CP NOTARY PUBLIC•STATE OF OKLAHOMA coMM. Bxe. NANCY CAROL MOORE lytig -zBls COMMISSION tf06011684 TULSA COUNTY The City Wit lout Limifs. '1ppLlOV TO: Honorable Mayor and City Council, CC co City of Owasso U C/ A 11 � L bj FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Rezoning (OZ 17 -05) Casey's General Store - NW Corner of E 86th St N & N Mingo Rd DATE: August 11, 2017 BACKGROUND: The City of Owasso received a rezoning request for property located at the northwest corner of the intersection of E 861h St N & N Mingo Rd. The subject property is approximately 2.5 acres in size and is currently zoned AG (Agriculture). The applicant is requesting that the zoning be changed to CS (Commercial Shopping) to accommodate a proposed Casey's General Store. A Final Plat application was submitted concurrently with this rezoning request. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North PUD 15 -01 / Residential Commercial/ City of Land Use Plan RM (Residential Multi - Family) Within PUD? Transitional Owasso South RM (Residential Multi - Family) Undeveloped Commercial City of Owasso East RM (Residential Multi - Family)/ Residential/ Transitional/ City of CS (Commercial Shopping) Commercial Commercial Owasso West AG (Agriculture) Railroad Corridor/ Commercial Tulsa Residential County SUBJECT PROPERTY /PROJECT DATA: Property Size 2.509 acres Current Zoning AG (Agriculture) Proposed Use Commercial Proposed Zoning CS (Commercial Shopping) Lots /Blocks 1 Lot, 1 Block Land Use Plan Commercial Within PUD? No Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Storm Siren ($35.00 per acre) ANALYSIS: The property was annexed into Owasso City limits with an AG (Agriculture) zoning designation under Ordinance 1050 in 2015. Staff has determined that a change from AG (Agriculture) zoning to CS (Commercial Shopping) zoning is appropriate for the subject property as the GrOwasso 2030 Land Use Master Plan calls for commercial uses at this location. There are nearby commercial uses already in place on property zoned CS (Commercial Shopping) directly east across N Mingo Rd. The surrounding area to the south and west is mostly undeveloped, but there are two large apartment complexes located north and northeast of the subject property. Also, the intersection where the property is located (E 86th St N & N Mingo Rd) sees a considerable amount of traffic on a daily basis, particularly during peak hours. Approximately 5 years ago, the intersection at E 861h St N & N Mingo Rd was urbanized and E 86th St N from N Main Street to N Memorial Rd was widened due to the increasing traffic volumes. Therefore, a commercial use on this lot would be well placed, particularly when considering the nearby high- density residential developments, the expected continued development of the area and the property's proximity to the recently improved intersection and arterial roads. The City of Owasso would provide Police, Fire, EMS, sanitary sewer, and water service to the property. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. PLANNING COMMISSION: The Planning Commission considered this item at their regularly scheduled meeting on August 7, 2017, voting 5 -0 to recommend approval of OZ- 17 -05. RECOMMENDATION: Staff recommends approval of Ordinance 1105, rezoning the subject property from AG to CS. ATTACHMENTS: Ordinance 1105 Aerial Map Zoning Map GrOwasso 2030 Land Use Master Plan Map