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Home My WebLink About1139_OZ 18-04_14498 E 86th St N RM to CSDoc 0 2018 - 017145 Fe�rk i 11/28/2018 10:16:08 AM Total Pg(s): 3° - °f Fee: $ 17.00 Jeanne M. y — e, Rogers County Clerk Rovers County tate of Oklahoma `k! liaoy +� CITY OF OWASSO, OKLAHOMA ORDINANCE 1139 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 18 -04 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described as 14498 E 86th St N, 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 18 -04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as 14498 E 86th St N, said tract more particularly described as follows: PART OF LOT FIVE (5), BLOCK ONE (1), THE GREENS AT OWASSO AND THE OWASSO GOLF AND ATHLETIC CLUB, A PLANNED UNIT DEVELOPMENT IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT FIVE (5), BLOCK ONE (1); THENCE SOUTH 01 010'24" EAST ALONG THE EAST LINE OF SAID LOT FIVE (5) A DISTANCE OF 225.00 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 88 051'34" WEST A DISTANCE OF 250.00 FEET; THENCE NORTH 01 010'24" WEST A DISTANCE OF 225.00 FEET TO THE NORTH LINE OF SAID LOT FIVE (5); THENCE NORTH 88 051'34" EAST ALONG SAID NORTH LINE A DISTANCE OF 250.00 FEET TO THE POINT OF BEGINNING. The some is hereby zoned from RM (Residential Multi - 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1139 Page 1 of 3 .M? 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. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PAI ,PROVEjthishKy f ve er, 201 8 y, Mayor Attest: (SEAL) APP ED AS TO FORM: Julie ombardi, City Attorney Ordinance 1139 Page 2 of 3 Aerial Photo Casey's General Store �` � tire; `•�j+t- a. � - rw tZ b rfrr o� a T i 7 i \�' . Q Yi 13 I _I7.'. ,.. �. s..y"�1 �,.t +5• _ li. _N A ffl p� t�h E8 CL! 4 SUBJECT PROPERTY 4VIMIMEasajLth j Place Nort Weekly Group _ CITY OF OWASSO /LEGALS Alin Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter' Sand Springs Leader Sklatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date December 05, 2018 Date Category Description Ad Size Total Cost 12/0512018 Legal Notices ORDINANCE 1139 2 x 65.00 CL 83.20 Affidavit of Publication 529447 I, Melissa Marshall , of lawful age, being duly Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 5, 2010 sworn, am a legal representative of the Owasso Reporter of Owasso, CITY OORDIINANCE 1139 HOMA Oklahoma, a weekly newspaper of general circulation in Tulsa AN ORDINANCE APPROVING ZONING APPLICATION County, Oklahoma, a legal newspaper qualified to publish legal NUMBER OZ 18-04 AND REPEALING ALL ORDINAN- CES OR PARTS OF ORDINANCES IN CONFLICT notices, as defined in 25 O.S. § 106 as amended, and thereafter, and WHEREAS, lithoyb e regarding reouesforr rezoni Bof e Prperthe n described ibeed as14498 complies with all other requirements of the laws of Oklahoma with E 86th St N, and WHEREAS, the Owasso City Council has considered the reference to legal publication. That said notice, a true copy of which recommendation of the Owasso Planning Commission and all statements sta In is or or e In for or against the reaming of the Property refer- enced is attached hereto, was published in the regular edition of said P gU BY THE C CIL OF , THE CITY THEREFORE F OWASSO,DOKLAHOMA, THATUTO newspaper during the period and time of publication and not in a WIT: SECTION 1, supplement, on the DATE(S) LISTED BELOW A tract of land described as 14498 E 86th St N. said tract more Particularly described as follows: PART OF LOT FIVE (5), BLOCK ONE (1), THE GREENS AT OWASSO AND THE OWASSO GOLF AND ATHLETIC CLUB, A PLANNED UNIT DEVELOPMENT IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT FIVE (5), BLOCK ONE (1); THENCE SOUTH 019014" EAST ALONG THE EAST LINE OF SAID LOT FIVE (5) A DISTANCE OF 225,00 FEET; THENCE LEAVING SAID EAST LINE, SOUTH 8831'34" WEST A DISTANCE OF 250.00 FEET; THENCE NORTH 01.10124" WEST A DISTANCE OF 225.00 FEET TO THE NORTH LINE OF SAID LOT FIVE (S); THENCE NORTH 88'51'34" EAST ALONG SAID NORTH LINE A DIS- TANCE OF 250.00 FEET TO THE POINT OF BEGIN- NING. The some Is hereby tuned from RM (Residential Multi- Family) to CS (Commercial Shopping). SECTION 2, All ordinances or parts of ordinances, In conflict with this or- dinance are hereby repealed to the extent of the conflict only. SECTION 3, If any part or parts of this pronounce are deemed uncomthu. tional, Invalid or Ineffective, the remaining Portion shall not be affected but shall remain in full farce and effect. SECTION 4, The Previsions of this ordinance shall became effective thirty (30) days from the date of final passage as Provided by state law. SECTION S, There shall 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 20th day of November, 2018. /s/ Chris Kelley, Mayor ATTEST: Attest: /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney 12/05/2018 Newspaper reference: 0000529447 Legal Representative Sworn to and subscribed before me this date: DEC HKI 41h My Commission expires: DEC o 820?2 ----------------------------------- r'!T„A 4, NANCY CAROL MOORE jSEAL p M l Notary Public State of Oklahoma Commission -# 06011684 Expires 12108122 S� 4ppROv R EgLCMndar•RFe1 CommunHy BY CoUlvC/t< TO: The Honorable Mayor and City Council NOV 2 0 20181• FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Ordinance 1139 Rezoning (OZ 18 -04) -SW Corner of E 86th St N and N 1451h E Ave DATE: November 16, 2018 BACKGROUND: The Community Development Department received a rezoning request for property located on the southwest corner of E 86th St N and N 145th E Ave. The subject property is approximately 1.3 acres in size and is currently zoned OPUD 98 with an underlying zoning of RM (Residential Multi - Family). The applicant is requesting a rezoning to CS (Commercial Shopping), and they have also submitted a request to replat the property. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North CS (Commercial Shopping) Commercial Commercial City of Within Overlay District? No Water Provider City of Owasso Owasso South RM -1 (Residential Multi- Undeveloped Commercial City of Family Low Density) Owasso East C -4 (Central Service District) School Public /Institutional City of Owasso West RM -1 (Residential Multi- Undeveloped Commercial City of Family Low Density) Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 1.3 acres +/- Current Zoning RM -1 (Residential Multi - Family Low Density) Proposed Zoning CS (Commercial Shopping) Land Use Plan Commercial Within PUD? Yes; OPUD 98 Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm Siren Fee ($50.00 per acre) E 76th N Interceptor Payback Area ($1,341.00 per acre) ANALYSIS: The subject property is currently a part of Lot 5, Block 1 in OPUD 98 for The Greens at Owasso and the Owasso Golf and Athletic Club. A Replat application has been submitted concurrently with this rezoning request that would result in the creation of a platted lot for the subject property. The remaining property within Lot 5 would become a separate lot that is not a part of this rezoning request and would retain its RM (Residential Multi - Family) zoning. While the subject property is currently zoned RM, OPUD 98 originally identified the subject property for "small commercial /office" land uses. Also, the GrOwasso 2030 Land Use Master Plan identifies this property for Commercial land uses. Therefore, staff concludes that the CS (Commercial Shopping) zoning requested in this case is appropriate for the subject 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 Owasso Planning Commission voted 5 -0 to recommend approval at their meeting on November 12, 2018. RECOMMENDATION: Staff recommends approval of Ordinance 1139, rezoning the subject property contained in rezoning application OZ 18 -04 from RM (Residential Multi- Family) to CS (Commercial Shopping). ATTACHMENTS: Ordinance 1139 Zoning Map GrOwasso 2030 Land Use Master Plan Map Current Zoning Map — OZ 18 -04 _L �� CS 1 E86'"StN 11, Ali 1 AG 1 1 1 II V RM 1 SUBJECT PROPERTY .1 .. A s m D N