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HomeMy WebLinkAbout1134_Closing Alleyway at Redbud Festival Park3 Tulsa County Clerk - Michael Willis Doc 0 2018079751 Page(s): 3 09/05/2018 11:09:58 AM ,s :• Receipt # I8 -49382 co •'' P° Fee: $ 17.00 kCgN�K• CITY OF OWASSO, OKLAHOMA ORDINANCE 1134 AN ORDINANCE CLOSING TO THE PUBLIC USE AN ALLEYWAY LOCATED NEAR 109 N MAIN STREET, OWASSO, OKLAHOMA, AND ACCORDING TO THE RECORDED PLAT OF BLOCK 15 OF THE ORIGINAL TOWNSITE OF OWASSO, OKLAHOMA (PLAT NO. 1) WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to close to the public use an alleyway herein attached as Exhibit "A "; and, WHEREAS, the City of Owasso retains the absolute right to reopen the same without expense to the municipality, and repealing all ordinances or parts of ordinances in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): A tract of land located in Block 15 of the Original Townsite of Owasso, Oklahoma (Plat No. 1). Better described as beginning at the northwest corner of Lot Four, Block 15, thence north a distance of 20 feet to the southwest corner of Lot 3, Block 15, thence east a distance of 300 feet to the southeast corner of Lot 1, Block 15, thence south a distance of 20 feet to the northeast corner of Lot 12, Block 15, thence west a distance of 300 feet to the northwest corner of Lot 4, Block 15, the point of beginning, containing 6000 square feet or 0.14 acres. The same is hereby closed for public use as an alleyway. SECTION TWO (2): All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION THREE (3): All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): 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. Ordinance 1134 Page 1 of 3 SECTION FIVE (5): The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. C t' SEA o r y U %SEAL) iz "`ffAa1Ose.P °`y` Ju PASSED AND APP A J Stevens, City Clerk AS TO FORM: Ordinance 1134 Page 2 of 3 i, City Attorney August, 2018. X. 1 20 - i. VJ 31r °I JY ,1 •�; +•2 .2 „•.1 �y. :, 6,.2 ey',. r �. +r PLAT NO. / 1.4 1 .. ..LL1�• .tii l.l_ -.. ® 9 �IA C \ :. n b r ••r��T, 6 ,1`4 �® O w. r Ip 19 630 4 0" S , r r ,1 °te 7 c� ° it f6L� Jf,R szo' •: 01 t r SCA,Le 1" -300• 10 ,re 1 Q� l ay •3D U2 p 1, r” T e - t a LocnTlon Map ,,, \ :. n b r ••r��T, 6 ,1`4 �® O w. r Ip 19 CHEROKEE NATION 0" S , r r ,+. rJOJ w a 1�•yt 7 c� ° it f6L� Jf,R .5 •: t r SCA,Le 1" -300• 10 ,re 1 Q� l ay \ :. ' 1JS 1J mT 6 ,1`4 �® O w. 19 CHEROKEE NATION 0" S . rr if I . ,+. rJOJ w a 1�•yt .. ° it f6L� Jf,R .5 •: t r SCA,Le 1" -300• 10 ,re 1 1 •3D U2 p 1, e - t LocnTlon Map ,,, i�7 �� la`1 41 's' 3 ID 3 \ 20 V . log- ° aloe ' 5 ^ al v Subject Alley to be Closed T 1 2 ib pn'i 0= I6 l ce G J o03• :12 -19`, CA 31 t 'oe H 6, flp.• `� Ir ✓A1 9 1 l q 8 3 z Im 3 2 1" •9R n_ 1 1 • � � . J4 ,1 l,�_J T+8 �D 4 vu T "' 7 w. n w- w. n w- 0" S . rr if I . ,+. rJOJ w a 1�•yt .. •.. +6, f s+p� .5 t p _ 10 ,re 1 1 •3D U2 p 1, e - t +r l35 2 DI ° t •r 6 - Z Ln apy =13. IA .,AFL p 6 i 'o :ij=yp 2U 1` s �I E 0 P � •v l (j att .K f,h 1'1• co jf y ZII A; 2 'j �O l 6 7 e ( IS •333 JJY , e, ete R v 6 O "3149 n M _ ti I z � . vr•,f 2 `' 35 z_ r' r z 1rl 3 I�• 4 3 < 4. ° •'I.S7O.7 rJ••ra' r,J 6 l00 CJY •O THE PLAT BOOK - TULSA COUNTY - COPYRIGHT 1979, FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY ROY MALERNEE, PURPOSE WITHOUT • (, CITY MAP SERVICE TULSA, OKLAHOMA PERMISSION OF COPYRIGHT OWNER Alley Closure Redbud Festival Park 4 _ IWIF . , d• ,,fir. {� 4, � F _ � qm i., _ 1• 287 rw B oad go St i y iwar�`a - �E�Broadway SJ j 1 3 �E�Broadwav SS E Broadway St. Y 7t y 1 3 �E�Broadwav SS E Broadway St. Z Q 3 N Ci I e � Alley Closure Redbud Festival Park s' I Si Subject Alley W r RMUM m :E N ti``r.���yy�pp �',1tk�\F.� I Z I W 1 1 1 1 1: I BC3BEC07C�7090000 oOEE Subject Alley W r RMUM m :E N ti``r.���yy�pp �',1tk�\F.� I Z I W 1 1 1 1 1: I Weekly Group CITY OF OWASSO /LEGALS Alin Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date August29,2018 Date Category Description Ad Size Total Cost I 08/29/2018 Legal Notices ORDINANCE 1134 50056 Published in the Owasso Reporter, Owosso, Tulsa Coun- ty, Oklahoma, August 29, 2018. CITY OF OWASSO, OKLAHOMA ORDINANCE 1134 AN ORDINANCE CLOSING TO THE PUBLIC USE AN ALLEYWAY LOCATED NEAR 109 N MAIN STREET, OWASSO, OKLAHOMA, AND ACCORDING TO THE RE- CORDED PLAT OF BLOCK IS OF THE ORIGINAL TOWNSITE OF OWASSO, OKLAHOMA (PLAT NO. 1) WHEREAS, the City of Owasso, Oklahoma has deemed it necessary and expedient to close to the public use an alleyway herein attached as Exhibit -A'; and, WHEREAS, the City of Owasso retains the absolute right to reopen the some without expense to the municl- Polity, end repealing all ordinances or parts of ordinan- ces in conflict. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE (1): A tract of land located in Block 15 of the Original Townsite of Owasso, Oklahoma (Plat No. 1). Better described as beginning at the northwest corner of Lot Four, Black 15, thence north a distance of 20 feet to the southwest corner a) Lt 3, Block I5, rnence east a distance of 300 feet to the southeast corner of Lot 1, Black 15, thence south a distance of 20 feet to the northeast corner of Lot 12, Black 15, thence west a distance of 300 feet to the northwest corner of Lot 4, Block 15, the point of beginning, containing 6000 square feet or 0.14 acres. The some Is hereby closed for public use as an alley- way. SECTION TWO (2): All ordinances or Parts of ordinances In conflict with this ordinance are hereby expressly repealed. SECTION THREE (3): All ordinances or Parts of ordinances, In conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): 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 farce and af- fect. SECTION FIVE (5): The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as Provid- ed by state law. SECTION SIX (6): There shall be filed In the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 21st day of August, 2018. /s/ Dr. Chris Kelley, Mayor ATTEST: Attest: A/ Juliann M. Stevens, City Clerk APPROVED AS TO FORA! /s/ Julie Lombardi, City Attorney Affidavit of Publication 1, Melissa Marshall of lawful age, being duty sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. 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 81- 'MR90113 Newspaper reference: 0000504756 Legal Representative Sworn to and subscribed before me this date: � •� 9- d�0 /d� Notary Public My Commission expires: /.�- AN 2��• •(AAYP.,•.j� • `'c Get' O No. C1: 3,1 I orte6, Zee /2018 m 7� IN AND i%F'• FON 0KLNtN0' 93.44 sd OSIALP.pl.-nEA11M.M,-REAL CammuNry TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Ordinance 1134 Alley Closure - Redbud Festival Park DATE: August 17, 2018 BACKGROUND: gAAR OVFO @y 9�G7�1p�d CO�11c /C Staff is requesting to close an alleyway on the property where the Redbud Festival Park Will be located (109 N Main St). The City of Owasso is in the process of constructing the new park south of the Police Station, and a part of this work involves constructing a food truck parking area, of which a portion is located on an existing platted alleyway. Closing the alleyway would prevent through access, and ultimately become a feature of the park. There is an 8 -inch sanitary sewer line that runs within the alley. Staff intends to record a utility easement to ensure that existing and future utilities are protected pending the alley closure. The required notice was sent to all franchise utility companies and property owners adjacent to the alley. The Technical Advisory Committee reviewed the request at their meeting on June 20, 2018. No comments or concerns were received from utility providers at the meeting. This item was brought before the City Council at the August 7, 2018 regular meeting. At this meeting one citizen spoke in opposition of the proposed closure request. Mr. Ron Weiss cited that he desires to construct an alarm monitoring company on the property and he needs the rear access from the alley to accommodate his building design. Staff advised the Council of a meeting approximately two years earlier at which time the developer was informed that the alley would eventually be closed due to the incoming park facility and that using the alley for rear access would not be supported. In light of this new information, the Council voted to table the item until the August 21, 2018, regular meeting. ADDITIONAL INFORMATION: In 2016, representatives from an alarm monitoring company (Mike and Jason Campbell) spoke with City staff about the lot at 117 E Broadway. They desired to build an alarm monitoring station on the subject property. They had preliminary ideas for what they wanted to construct and their site concept showed parking on the north and south part of the lot, which would require access from the alley to the south of the Festival Park and from Broadway. Staff recalls advising them that their proposed use did not fit within the Downtown Overlay District (mixed -use, multi -story buildings that are architecturally significant, etc.), and parking access from the alley would not be allowed due to park development (Redbud Festival Park). Also during that timeframe, company representatives had general conversations with Public Works staff about what utilities were available in the area and what detention requirements may be imposed. Though inquiries were made about infrastructure, no plans were ever submitted by the developer. RECOMMENDATION: Following Mr. Weiss' comments during the Council meeting regarding the proposed use of the property, staff located an email exchange from July 2016, expressly discussing the park design and development and closure of the alleyway. To date, no building permit application and /or building plans have been submitted to Community Development and no civil engineering plans have been submitted to Public Works. Staff further determined the conceptual land use (NAICS Code 561621- Secuirty System Services) is not an allowed use in the Downtown Overlay District. Staff recommends approval of Ordinance 1134 closing the alley located in Block 15 of the Original Townsite of Owasso, Oklahoma (Plat No. 1), ATTACHMENTS: Ordinance 1134 Aerial Map Site Plan, Redbud Festival Park