HomeMy WebLinkAbout1138_Amended_Official Base Zoning MapTulsa County Clerk - Michael Willis bQ
^' 6c Doc p 2019046568 Page(s): 2
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:a:i;• Receipt N 19 -28733
�kGgHOMP Fee: $ 15.00 CITY OF OWASSO, OKLAHOMA
ORDINANCE 1138 - AMENDED
AN ORDINANCE ADOPTING THE OFFICIAL ZONING MAP FOR THE CITY OF OWASSO
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 et seq. empowers the City to
engage in Comprehensive Planning and Zoning and to enact suitable ordinances carrying out
the purposes of said acts; and
WHEREAS, The Owasso City Council deems it necessary for promoting the health, safety
and general welfare of the community to enact ordinances regulating the use of land, buildings,
sites, and structures within Owasso and amend such regulations as needed.
WHEREAS, The Owasso Planning Commission held a Public Hearing on October 8, 2018
and the City Council held a Public Hearing on October 16, 2018 in an effort to receive citizen
comments regarding a proposed Official Base Zoning Map of Owasso.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA THAT:
SECTION 1.
A base zoning map shall be adopted to be used in conjunction with the Land Use Master Plan in
evaluating various development applications received by the City of Owasso. The amended
map shall be made a part of this ordinance and shall be designated as the Official Zoning Map
for Owasso, Oklahoma.
SECTION 2.
All ordinances or parts of ordinances, and official zoning maps in conflict with this ordinance are
repealed to the extent of the conflict only.
SECTION 3.
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall
not be affected but 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.
There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this Ordinance and corrected map.
A
M.
APPROVED AS TO FORM:
Ordinance 1138 - Amended
Page 1 of 2
AND APPROVED this 21stday of ay,
i T 20
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�Z CI r�l Iley, Mayor V' m� DT
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City Attorney
Section of Amended Official Zoning Map
Showing Correction
Y"1
Ordinance 1138 -Amended
Page 2 of 2
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sd
REAL Poapla • REAL C�arador •REAL Commvnlry
APPROVED BY C0004UiL
MAY 2 1 2019
TO: The Honorable Mayor and City Council
FROM: Karl A. Fritschen AICP, RLA
Planning Manager
SUBJECT: Official Base Zoning Map Scrivener's Error- 102 West 1 lrh Street North
DATE: May 17, 2019
BACKGROUND:
In November 2018, the Official Base Zoning Map of Owasso was adopted by the City Council
under Ordinance 1138. The new base zoning map intended to eliminate discrepancies that
were noticed with the previous zoning map. Recently, it was brought to staff's attention that a
lot located at 102 West 1 I 1 Street North (further described as Lot 1, Block 1, Sherrill Estates) is
zoned Office Light (OL) rather than Residential Single Family (RS -3) as the new zoning map
indicates.
This property lies within the Sherrill Estates subdivision at the very for northeast corner, and the
property owner intends to operate a small mortgage business in the existing structure. Aft er staff
was made aware of this discrepancy, research was conducted that identified Ordinance 905,
approved by City Council in 2007, which rezoned the property to OL.
In preparing the recently adopted Official Base Zoning Map of Owasso, staff utilized several
resources in order to make the determination as to the correct zoning on the subject property,
which included reviewing current and previously adopted land use plans. The subject lot was
shown to be residential in all of the previous adopted land use plans, including the most current
2030 GrOwasso Land Use Master Plan. Therefore, staff determined this property should have a
zoning designation of RS -3. However, the property had been rezoned to OL and should be
identified as such.
As the new Zoning Code does not recognize OL as a zoning district, Office (0) is the zoning
designation that should be applied to the property at this time.
RECOMMENDATION:
Staff recommends amending Ordinance 1138 to correct the scrivener's error by attaching the
correct zoning map showing the property located at 102 West l lrh Street North as Office (0)
zoning.
ATTACHMENTS:
Current Zoning Map
Ordinance 905
Ordinance 1138 - Amended with corrected Base Zoning Map
m� Tulsa County Clerk - Michael Willis
Doc d 2018107193 Page(s): 2
11/28/2018 11:05:56 AM
Receipt 0 18 -65218
°oK� WoMP° Fee: $ 15.00 WASSO, OKLAHOMA
- WaIDINANCE 1138
AN ORDINANCE ADOPTING THE OFFICIAL ZONING MAP FOR THE CITY OF OWASSO
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 et seq. empowers the City to
engage in Comprehensive Planning and Zoning and to enact suitable ordinances carrying out
the purposes of said acts; and
WHEREAS, The Owasso City Council deems it necessary for promoting the health, safety
and general welfare of the community to enact ordinances regulating the use of land, buildings,
sites, and structures within Owasso and amend such regulations as needed.
WHEREAS, The Owasso Planning Commission held a Public Hearing on October 8, 2018
and the City Council held a Public Hearing on October 16, 2018 in an effort to receive citizen
comments regarding a proposed Official Base Zoning Map of Owasso.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA THAT:
SECTION 1.
A base zoning map shall be adopted to be used in conjunction with the Land Use Master Plan in
evaluating various development applications received by the City of Owasso. The attached
map shall be made a part of this ordinance and shall be designated as the Official Zoning Map
for Owasso, Oklahoma.
SECTION 2.
All ordinances or parts of ordinances, and official zoning maps in conflict with this ordinance are
repealed to the extent of the conflict only.
SECTION 3.
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall
not be affected but 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.
There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this OrdinN� 7 '' c ct map.
A
ASlS{EEjD AND
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(SEAL) / /
APPROVED AS TO FORM: LO: L
J lie Lombardi, City Attorney
Ordinance 1138
Page 1 of 2
day of November, 2018.
Kelley, Mayor
Official Zoning Map Ordinance 1138
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Weekly
Group
CITY OF OWASSOILEGALS
Attn 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
June 05, 2019
Date Category Description Ad Size Total Cost
0610512019 Legal Notices ORDINANCE 1138- AMENDED 2x64.00 CL 8792
Affidavit of Publication
570570 I, Valerie Praetor of lawful age, being duly
Published in the Owasso Reporter, Owasso, Tulsa Coun.
tv, Oklahoma, June 5, 2019. Sworn, am a legal representative of the Owasso Reporter of Owasso,
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1138- AMENDED
AN ORDINANCE ADOPTING THE OFFICIAL ZONING
MAP FOR THE CITY OF OWASSO AND REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT
WHEREAS, Title 11, Oklahoma Statutes, Section 43.
101 at see. empowers the City to engage In Comprehao-
slve Planning and Zoning and to enact suitable ardinan.
ces carrying out the purposes of said acts; and
WHEREAS, The Owasso City Council deems it neces-
sary for promoting the health, safety and general wel-
fare of the community to enact ordinances regulating the
use of land, buildings, sites, and structures within Owas-
so and amend such regulations as needed.
WHEREAS, The Owasso Planning Commission held a
Public Hearing on October 8, 2018 and the City Council
held a Public Hearing on October 16, 2018 in an effort to
receive citizen comments regarding a proposed Official
Base Zoning Map of Owasso.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR
AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHO.
MA THAT:
,ted to be used In coo-
ter Plan in evaluating
received by the City of
be made a part of this
as the Official Zoning
, and official zoning
are repealed to the
held Invalid or
not be affected
of this ordinance shall become effective
from the date of final Passage as Provid-
in the office of the County Clerk of
tme, a true and correct copy of this
:led map.
PASSED by the City Council of the City of Owasso, Okla-
homa an the 21st day of May, 2019.
/s/ Bill Bush, Vice Mayor for Chris Kelley, Mayor
ATTEST: /s/Jultann M. Stevens, City Clerk
APPROVED AS TO FORM:
/s/ Julie Lombardi, City Attorney
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
06/05/2019
Newspaper reference. 0000570578
• V V s-/
Legal Represen ive
Sworn to and subscribed before me this date:
JUN 0 5 2019
r Notary Public
My Commission expires:
DEC 0 0 2022
&E� N NANCY CAROL MOORE
Notary Public
State of Oklahoma
Commission -# 06011684 Expires 12108122
REAL Paoplo •REAL Character • pEAL Communlly
TO: Honorable Mayor and City Council
FROM: Karl A. Fritschen AICP, RLA
Planning Manager
SUBJECT: Ordinance 1138
Adoption of the Official Zoning Map of Owasso
DATE: November 16, 2018
BACKGROUND:
During the October and November 2018 work sessions, staff presented proposed amendments
to the current Official Owasso Zoning Map and discussion was held with the Council. The
proposed amendments are intended to correct mistakes and discrepancies with the current
map ensuring the City operates with a correct base zoning map moving forward.
The required public hearings to receive citizen comments regarding the map amendments
occurred during the October 8, 2018, Planning Commission meeting and the October 16, 2018,
City Council meeting. No citizens spoke at either public hearing.
An Ordinance has been drafted that, if approved, will adopt a corrected base zoning map and
become the official zoning map for Owasso. The new base map will be used in conjunction with
the Land Use Master Plan in evaluating various development applications received by the City.
The attached map shall be made a part of this ordinance and shall be designated as the
Official Zoning Map for Owasso, Oklahoma. Subsequent approved rezoning ordinances for
individual parcels will amend this map from this point forward.
PLANNING COMMISSION:
The Owasso Planning Commission voted 5 -0 to recommend approval at their meeting on
November 12, 2018.
RECOMMENDATION:
Staff recommends approval of Ordinance 1138, adopting the Official Zoning Map of Owasso.
ATTACHMENTS:
Ordinance 1138
Staff memorandum dated October 5, 2018
REAL People • REAL CM1araclor •REAL CommunRy
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND
The Honorable Mayor and City Council
Karl A. Fritschen AICP, RLA
Planning Manager
AppR
O VSO
By
IVQV COIJIVCIL
2 ®2018
Adoption of the Official Zoning Map of Owasso, Discussion
October 5, 2018
On June 15, 2018, the City Council approved the new Owasso Zoning Code, effective on July
15, 2018. During the course of the adoption process of the Zoning Code, it was discussed with
the Planning Commission and the City Council that staff intended to present a new, official
Zoning Map for consideration after the adoption of the new Code.
Since the early 1970s, Owasso's official Zoning Map has been kept by the Indian Nation Council
of Government's ( INCOG) mapping division. This map serves as City staff's primary source for
checking the zoning, and therefore the allowed land uses, on an individual's property. Staff also
regularly uses the Zoning Map in conjunction with the GrOwasso 2030 Land Use Master Plan in
evaluating various development applications, such as Planned Unit Developments (PUDs) and
Site Plans.
However, in the past several years, discrepancies began to surface between what was
designated on the official Zoning Map kept by INCOG and what the County Assessor's office
had identified in their database. Discrepancies between these two sources of zoning information
were also found in the underlying zoning of some PUDs when compared to how the PUDs were
approved by the Owasso City Council. These inconsistencies can result in significant issues for
both City staff and developers. For example, in 2012 a mapping error due to a confusing legal
description resulted in an error on the official Zoning Map that caused a two -month delay with a
significant development project.
Having an accurate Zoning Map is critical to the performance of the Community Development
Department and the City as a whole. Conflicting information on the Zoning Map causes
confusion, uncertainty, loss of time and productivity, and exposes the City to legal challenges.
Having one correct Zoning Map serving as the official Zoning Map from this point forward
alleviates these issues. Extensive research has been done on the causes of these zoning
discrepancies. Staff has now verified the correct zoning for properties in Owasso and has
created a new Zoning Map.
PROPOSED NEW OWASSO ZONING MAP:
First and foremost, the proposed new Zoning Map aims to address the inconsistencies between
INCOG's Owasso Zoning Map, the County Assessors' records, and ordinances on file for the City
of Owasso. Over the past several years, staff has located and reviewed many filed ordinances
and PUD documents in an effort to determine the correct zoning on properties where
discrepancies were known to exist. Additionally, INCOG's maps were compared to internal
maps to identify areas of inconsistency. The proposed new Zoning Map would correct these
zoning issues. It was found that the errors typically occurred for the following reasons:
• An ordinance was not sent to INCOG so their map was not correctly updated
• The legal descriptions were not mapped correctly
The ordinance did not identify the proper zoning
• The underlying zoning of a PUD was never called out in the ordinance and thus was
never shown correctly on the map
Second, the proposed Owasso Zoning Map addresses zoning in the Downtown District. In
previous versions of the Owasso Zoning Code, the CH (Commercial High Intensity) zoning district
was used to "accommodate high intensity commercial and related uses." Historically, a majority
of the CH zoning in Owasso was in the downtown area. When the Downtown Overlay District
was passed in 2015, it placed modified requirements for development in the Downtown District.
Due to the Downtown Overlay requirements, many of the uses historically allowed in the CH
zoning district were no longer allowed except for those already in operation, essentially making
them non - conforming uses.
In the new Zoning Code, additional rezoning of any property in Owasso to the CH zoning district
beyond what is already active is not permitted. To supplement the discontinuation of the CH
zoning district, the DM (Downtown Mixed) zoning district was created with the new Zoning Code
to "accommodate certain types of high- intensity commercial, mixed -use, office, and residential
development." Essentially, the DM district was established to supplant the CH district, with the
stipulations of the DM zoning district being better suited to the development desired within the
Downtown Overlay District.
With the new Zoning Map, staff is proposing to rename properties zoned CH within the
Downtown Overlay District to the DM zoning district. This is not a rezoning of the property, but a
renaming of the zoning district. The renaming of properties that are currently zoned CH to DM
zoning in the Downtown Overlay District would not place additional restrictions on those
properties. The restrictions of the Overlay District already limit the types of land uses and
development that are allowed in the District regardless of how the property is zoned. Also,
existing land uses on property currently zoned CH within the Downtown District would still be
allowed to operate under the requirements of the CH zoning district, as long as that use was in
operation before the Overlay District was approved. Under the requirements of the Non -
Conformities chapter in the Owasso Zoning Code, those existing land uses may continue until
the land use changes or significant development occurs on the property.
It is important to note that no downzoning of any property is proposed by the new Zoning Map.
The proposed new map simply addresses inconsistencies and renames CH -zoned properties in
the Downtown District to the DM zoning district. The proposed new Zoning Map corrects all the
zoning errors discussed above and presents an accurate representation of how properties in
Owasso are zoned. If approved, it would become the singular Zoning Map to be referenced for
Owasso, and it would be sent to INCOG as a replacement for the map currently used by that
entity. Staff is now prepared to bring the proposed new Owasso Zoning Map to the Planning
Commission and City Council for the required Public Hearings.
PUBLIC INPUT AND HEARING:
On Wednesday September 26, 2018, a public input meeting was held in the Community Room
at City Hall to allow citizens to review the new map and ask questions. No citizens attended the
public input meeting. Subsequent to this meeting, the proposed Zoning Map was posted on the
City's web page.
As with any Zoning Map change, a public hearing is required. Notice of the required public
hearings was posted in the Owasso Reporter on October 3, 2018. The public hearings are
scheduled to be on the agendas for the Planning Commission meeting on October 8, 2018 and
the City Council meeting on October 16, 2018.
Staff also anticipates bringing the proposed Owasso Zoning Map for consideration at the
Planning Commission meeting on November 12, 2018, and for consideration and final action at
the City Council meeting on November 20, 2018.
ATTACHMENT: