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Home My WebLink About1141_OZ 18-07_10604 N 137th E Ave AG to CSTulsa County Clerk - Michael Willis Doe p 2018115133 Page(s): 3 12/26/2018 03:48:54 PM Receipt 0 18 -70182 °klaxoMPc1 Fee: $ 17.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1141 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 18 -07 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 10604 North 137th East Avenue, 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 Application OZ 18 -07. 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 10604 North 137th East Avenue. Said tract contains 2.5 acres more or less, and more particularly described as follows: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER (SE /4) OF SECTION NINE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 9, THENCE S 88 044'45" W ALONG THE SOUTHERN BOUNDARY OF SAID SECTION 9 A DISTANCE OF 2,071.86 FEET; THENCE N 01 °15'15" W A DISTANCE OF 97.46 FEET TO A POINT ON THE HIGHWAY RIGHT -OF -WAY AND THE POINT OF BEGINNING; THENCE N 85 °33'51" W A DISTANCE OF 25.05 FEET; THENCE S 88 °44'41" W A DISTANCE OF 265.96 FEET; THENCE N 03 044'40" E A DISTANCE OF 176.70 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1,507.39 FEET AND A LENGTH OF 451.38 FEET AND A LONG CHORD HAVING A BEARING OF N 04050'02'W AND LENGTH OF 449.70 FEET; THENCE N 13 024'56" W A DISTANCE OF 101.66 FEET; THENCE S 30 042'53" E A DISTANCE OF 221.19 FEET; THENCE S 34 001'00" E A DISTANCE OF 136.35 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 915.00 FEET AND A LENGTH OF 447.46 FEET AND A LONG CHORD HAVING A BEARING OF S 20 000'25" E AND LENGTH OF 443.01 FEET; TO THE POINT OF BEGINNING. The same is hereby rezoned 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1141 Page 1 of 3 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. PASSED AND'APPROVFD this by of D E ber, 2018 pp n OFFICIAL rte jlell , Ma Or I� d 11 III I If [�)n SS EAL M. Stevens, City Clerk oK( AFIUI AP (SEAL) APPRMTO FORM: Julie Lot bardi, City Attorney Ordinance 1141 Page 2 of 3 OZ 18 07 Ordinance 1141 Page 3 of 3 Weekly Group CITY OF OWASSO /LEGALS Attn 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 January 09, 2019 Date Category Description Ad Size Total Cost 01/09/2019 Legal Notices ORDINANCE 1141 2 x 90.00 CL 115.20 Affidavit of Publication 5epor Published! loa, January 9, 2U19�rter, Owasso, Tulsa County, 1 Melissa Marshall of lawful age, being duly CITY OF OWASSO, OKLAHOMA ORDINANCE 1141 sworn, am a legal representative of the Owasso Reporter of Owasso, APPROVING AN ORDINANC 1801 AND REPEALIING APPLICATION Oklahoma, a weekly newspaper of general circulation in Tulsa CES OR PARTS OF ORDINANCES N CONFLICT WHEREAS, Public hearings have been held regarding County, Oklahoma, a legal newspaper qualified to publish legal the request for rezoning of the property herein described as 10604 North 137th East Avenue, and notices, as defined in 25 O.S. § 106 as amended, and thereafter, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commis- complies with all other requirements of the laws of Oklahoma with sion old all statements for or against the rezoning of the Property referenced In Application OZ IM7. reference to legal publication. That said notice, a true copy of which NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO is attached hereto, was published in the regular edition of said WIT: A c I newspaper during the period and time of publication and not in a rac o' land described as 10604 North 137th East Ave- nue. Sold tract contains 2.5 acres more or less, and supplement, On the DATES LISTED BELOW pP more particularly described as follows: A PARCEL OF LAND LOCATED IN THE SOUTH- EAST QUARTER (SE/4) OF SECTION NINE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, STATE OF OKLAHO- 01/09/2019 MA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING DESCRI- BED AS FOLLOWS, TO -WIT: Newspaper reference: 0000536940 The some is hereby rezoned from AG (Agriculture) to CS (Commercial Shopping). or pork of ordinances, in conflict with are hereby repealed to the extent of the or parts of this ordinance are deemed uncon- Invalid or Ineffective, the remaining Portion affected but shall remain In full force and ef- of this ordinance shall become effective from the date of final passage as provid- In the office of the County Clerk of )me, a true and correct copy of this oA1BSSED AND APPROVED this 18th day of December, /,/Chris Kelley, Mayor ATTEST: /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney Legal Representative Sworn to and subscribed before me this date: JAN 0 9 2 030 Notary Public My Commission expires: DEC 0 0 2022 __________ ______________________ NANCY CAROL MOORE (TSEAL Notary Public i State of Oklahoma . Commission # 06011684 Expires 12108122 ______------------------- s� REAL Pooplo • REAL C�amdor • REAL Communiry TO: The Honorable Mayor and City Council FROM: Karl A. Fritschen AICP, RLA Planning Manager SUBJECT: Ordinance 1141, Rezoning (OZ 18 -07) - NW Corner of East 106th Street North and North 137th East Avenue DATE: December 14, 2018 BACKGROUND: The Community Development Department received a rezoning request for property located on the northwest comer of East 106th Street North and North 137th East Avenue. The subject property is approximately 2.5 acres in size and currently zoned AG (Agriculture). The applicant is requesting a rezoning to CS (Commercial Shopping). The subject property was annexed into the City under Ordinance 961 in 2010. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North OM (Office Medium) Technical School Public /Institutional City of Owasso South AG (Agriculture) Undeveloped Commercial City of Owasso East AG (Agriculture) Undeveloped Commercial City of Owasso West AG(Agriculture) Highway Highway/Tronsportation City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 2.5 acres +/- Current Zoning AG (Agriculture) Present Use Undeveloped Land Use Master Plan Commercial Number of Lots 1 Within PUD? No Within Overlay District? Yes; US -169 Overlay Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm siren fee ($50.00 per acre) Elm Creek Sanitary Sewer Payback 1580.00 per acre ANALYSIS: The applicant is requesting a rezoning from AG (Agriculture) to CS (Commercial Shopping). The proposed use of the property is undisclosed at this time. During their December 10, 2018, meeting, the Planning Commission approved lot split case OLS 18 -01, thereby creating the subject lot, and separating it from the larger parent tract which is approximately 53.07 acres in size. The subject property is called out for Commercial land use on the GrOwasso 2030 Land Use Master Plan. The abutting properties to the east and south are also called out for Commercial land uses. To the north of the property is the TTC /TCC Owasso Campus and to the west lies US- 169 highway. This area of the community is starting to see more urbanization with two new commercial businesses being developed immediately to the south. Additionally, the site has excellent visibility and good transportation access. Staff concludes the rezoning request is reasonable based on its conformity with the Land Use Master Plan and keeping with the development trends occurring in the immediate vicinity. 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 3 -0 to recommend approval at their meeting on December 10, 2018. RECOMMENDATION: Staff recommends adoption of Ordinance 1141, approving rezoning request OZ 18 -07, rezoning the subject property from AG (Agriculture) to CS (Commercial Shopping). ATTACHMENTS: Ordinance 1141 Zoning Map GrOwasso 2030 Land Use Master Plan Map