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Home My WebLink About1140_OZ 18-06_SW C of E 76th St N & N 161st E Ave Ag to RS-3Doc # 2018- 017146 4 o ks 11/28/2018 10:16:08 AM Total Pg(s): 3 .�'+ .� >.�i. Fee: $ 37.00 F, -. e ^� Jeanne M. Heidlage, Rogers County Clerk 3. _T Rogers County -State of Oklahoma �(� CITY OF OWASSO, OKLAHOMA ORDINANCE 1140 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 18 -06 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 the southwest corner of E 76th St N and N 161st E Ave, 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 -06. 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 the southwest corner of E 761h St N and N 161st E Ave, said tract more particularly described as follows: NE 1/4 NE 1/4 OF SECTION 34- 21N -14 EAST OF THE I.B. &M., ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. The same is hereby zoned from AG (Agriculture) to RS -3 (Residential Single - Family High Density). 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. Ordinance 1140 Page 1 of 3 I SECTION 5. There shall be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED F ED this +h day of Novem r, 2018. G�� Cp � oFrrcr:v, � Attest: n M. Stevens, City (SEAL) APPROV D AS TO FORM: �v �.o'lv►�Ow,�U Julie L f bardi, City Attorney Ordinance 1140 Page 2 of 3 Aerial Photo OZ 18 -06 E76t'StN Ifq iiJl:s I��`ft � E7a �.� 7 4�� i. a w�i•�t a« t d�Ct6i pipiL�YitVp. wmr_A.L i y�px, f; 4 f� i t� � •. 1 4 r �v YYYYri.Sh' f!11ri"7.7 p'r� �� r� {Y ♦'c• a IM f SUBJECT�PROPERTY -r 4 1 , y J r 4 � I j • Weekly Group CITY OF OWASSO /LEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skiarcok Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O, BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date December 05, 2018 L Date Category Description Ad Size Total Cost 12/05/2018 Legal Notices ORDINANCE 1140 539448 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, December 5, 2018 CITY OF OWASSO, OKLAHOMA ORDINANCE 1140 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 111 6 AND REPEALING ALL ORDINAN- CES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, Public hearings have been held regarding the request for rezoning of the Property herein described as the southwest corner of E 76th St N and N 161st E Ave, 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 refer - enced In OZ 1846. NOW, THEREFORE, 8E IT ORDAINED BY THE COUN- CIL WIT: OF THE CITY OF OWASSO, OKLAHOMA, THAT TO SECTION 1, A trod of land described as the southwest corner of E 76th 51 N and N 161st E Ave, sold tract more Particularly described as follows: HE 114 NE 114 OF SECTION 3b2114-14 EAST OF THE I.B.BM., ROGERS COUNTY, OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. The some Is hereby :antl from AG (Agriculture) to RS-3 (Residentlal Single - Family High Density). SECTION 2, All ordinances or ports of ordinances, In conflict with this or- dinance ore hereby repealed to the extent of the conflict only. SECTION 3, If any port or Parts of this ordinance are deemed unconstitu- tional, Invalid or Ineffective, the remaining Portion shall rot be affected but shall remain In full force and effect. SECTION 4 The provisions of this ordinance shall become effective thirty (30) days from Me dote of final Passage as Provided by state law. SECTION 5, There shall be filed In the office of the County Clerk of Rog- ers County, Oklahoma, a true and correct copy of this Ordi- nonce and correct map, PASSED AND APPROVED this 20th day al November, 2018. Ay Chris Kelley, Mayor ATTEST: Attest: AJ Juliann M. Stevens, City Clerk APPROVED AS TO FORMA/ Julie Lombardi, City Attorney Affidavit of Publication I, Melissa Marshall of lawful age, being duly 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 12/05/2018 Newspaper reference•. 0000529448 L gal Representative Sworn to and subscribed before me this date: DEC 052018 Notary Public My Commission expires: DEC 0 8 2022 ___ ,T„ NANCY CAROL MOORE 1 AL Notary Public ; State of Oklahoma Commission S 06011684 Expires 12/08/22 - -' 75.52 �� App't Vov B REAL Pa..1. • REAL Cha..1, • REAL Communhy % C O NOV v^Vcic TO: The Honorable Mayor and City Council 2 8 ?018 FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Ordinance 1140 Rezoning (OZ 18 -06) - SW Corner of E 76th St N and N 161st E Ave DATE: November 16, 2018 BACKGROUND: The Community Development Department received a rezoning request for property located on the southwest corner of E 761h St N and N 161st E Ave. The subject property is approximately 40 acres in size and is currently zoned AG (Agriculture). The property was annexed into Owasso City Limits in 2010 with Ordinance 974. The applicant is requesting a rezoning to RS -3 (Residential Single - Family High Density). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North RS -40 (Residential Single- Residential Residential Rogers Within Overlay District? Family Low Medium Density) Water Provider City of Owasso County South AG (Agriculture) Residential Residential Rogers County East Stone Canyon PUD Undeveloped Neighborhood City of Mixed Use Owasso West AG (Agriculture) Church Residential Rogers County SUBJECT PROPERTY /PROJECT DATA: Property Size 40 acres +/- Current Zoning AG (Agriculture) Proposed Zoning RS -3 (Residential Single - Family High Density) Land Use Plan Residential, Transitional, & Commercial Within PUD? No 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 applicant is requesting a rezoning from AG (Ag(culture) to RS -3 (Residential Single - Family High Density) to facilitate the development of a proposed residential subdivision. The western and southern halves of the subject property are called out for Residential land uses, while the northeastern quadrant of the subject property is called out for Transitional and Commercial land uses on the GrOwasso 2030 Land Use Master Plan. The remaining surrounding sides are called out for Residential land uses. Because the Land Use Master Plan permits a decrease in land use intensity without an amendment, and because a significant portion of the property is called out for Residential land uses, staff concludes that rezoning the property to RS -3 (Residential Single - Family High Density) is appropriate. 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 voted 5 -0 to recommend approval at their meeting on November 12, 2018. RECOMMENDATION: Staff recommends approval of Ordinance 1140, rezoning the subject property contained in rezoning application OZ 18 -06 from AG (Agriculture) to RS -3 (Residential Single - Family High Density). ATTACHMENTS: Ordinance 1140 Zoning Map GrOwasso 2030 Land Use Master Plan Map