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Home My WebLink About1174_OZ 20-04_AG to RS-1 10010 N 97th E AveTulsa County Clerk - Michael Willis Doc N 2021012150 Page(s): 3 02/02/2021 01:15:23 PM ' Receipt 0 21 -7439 Fee: $ 22.00 kGpNOK' 1.11 r yr vwHSSO, OKLAHOMA ORDINANCE 1174 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 20 -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 being a portion of the parcel located at 10010 North 97th East Avenue, Owasso OK, 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 20 -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 being a portion of the lot located at 10010 North 97th East Avenue, Owasso OK said tract more particularly described as follows: A PARCEL OF LAND IN SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. BEING MORE PARTICULARLY DESCRIBED TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4); THENCE S88 027'33 "W ALONG THE SOUTHERLY LINE OF THE NE /4 OF THE SE /4 FOR 50.00 FEET; THENCE N0 057'37 "W PARALELL TO THE EAST LINE OF SE /4 FOR 148.43 FEET TO THE POINT OF BEGINNING. THENCE N56 037'46 "W FOR 337.70 FEET; THENCE N29 031'58 "E for 103.68 FEET; THENCE N14 °38'02 "E for 113.47 FEET; THENCE N55 034'20 "E for 234.66 FEET; THENCE S0 057'37 "E for 518.49 FEET; TO THE Point OF Beginning OF TRACT 1A, CONTAINING 1.95 ACRES MORE OR LESS. And a tract of land described as being a portion of the parcel located at 10010 North 97th East Avenue, Owasso OK said tract more particularly described as follows: A PARCEL OF LAND IN SECTION 13, TOWNSHIP 21 N, RANGE 13 E OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. BEING MORE PARTICULARLY DESCRIBED TO -WIT: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4); THENCE S88 027'33 "W FOR 50.00 FEET TO THE POINT OF BEGINNING. THENCE 588 027'33 "W ALONG THE SOUTHERLY LINE OF THE NE /4 OF THE SE /4 FOR 409.53 FEET; THENCE N57 °50'38 "E FOR 118.57 FEET; THENCE N15 043'31 "W FOR 85.09 FEET; THENCE N6 039'06 "W FOR 97.03 FEET; THENCE N29 031'58 "E FOR 119.28 FEET; THENCE S56 137'46 "E FOR 337.70 FEET; THENCE S0 05737 "E PARALELL TO THE EAST LINE OF SAID SEA FOR 148.43 FEET TO THE POINT OF BEGINNING OF TRACT IA, CONTAINING 1.95 ACRES MORE OR LESS. The same is hereby zoned from Agriculture (AG) to Residential Single - Family Low Density (RS -1). SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1174 Page 2 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 ADOPTED this 191h day of January, 2021 Attest: (SEAL) APPRMTO FORM: toL� Julie Vlbardi, City ttorney ��Z, - e� Bill Bus, M r Aerial Map -OZ 20 -04 Subject Tract �AM. Ordinance 1174 Page 3 of 3 t N Weedy Group CITY OF OWASSO /LEGALS Alto 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 January 27, 2021 Date Category Description Ad Size Total Cost 01127/2021 Legal Notices ORDINANCE 1174 2 x 78.00 CL 99.84 Affidavit of Publication Brenda Brumbaugh Published in the Owosso Repolrter, Owasso, Tulsa County, 1, of lawful age, being duly Oklahoma, January 27, 2021 CITY OF OWASSO, OKLAHOMA - ORDINANCE 1174 sworn, am a legal representative of the Owasso Reporter of Owasso, AN ZONING NUMBER ORDINANCE 20-04 AND APPROVING ALL ORDIINANC55 Oklahoma, a weekly newspaper of general circulation in Tulsa OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held the the County, Oklahoma, a legal newspaper qualified to publish legal request for rezoning of the property herein described as cribedlas located of 10010 North 97th East Avenue, Owasso OK, and notices, notices, as defined in 25 O.S. § 106 as amended, and thereafter, and WHEREAS, the Owosso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the rezoning of the property refer- complies with all other requirements of the laws of Oklahoma with p q enced NOW, THEREFORE, BE IT ORDAINED BY THE COON- reference t0 legal publication. That said notice, a true copy of which CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT` SECTION I. A tract of land described as being a portion of is attached hereto, was published in the regular edition of said said tract more Particularly t described ats follows: Owasso OK newspaper during the period and time of publication and not in a A PARCEL OF LAND IN SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE INDIAN BASE AND on (S) LISTED BELOW supplement, the DATE MERIDIAN, TULSA COUNTY. STATE OF OKI AHOMA. of la: 10010 Panic L OF 13 E AOUN 5 AT G AT N04 01/27/2021 Newspaper reference: 0000686119 Sworn o and subscribed before me this date: I /rl l "J'4 Notary OF 5tl9 °2 I'33 "W FOR SOHO BEGINNING. THENCE ITHERLV LINE OF THE 409.53 FEET: THENfF rc rARALt LL ID [HE EAST LINE OF SAID OR 1dB.d3 FEET TO THE POINT OF BEGINNING !ACT IA, CONTAINING 1.95 ACRES MORE OR e Is hereby zoned from Agriculture (AG) to Raeder. e- FamllY Low Density ORS-H. 4 2 All ordinances or parts or ordinances, in conflict ordinance are hereby repealed to the extent of the nly. I ?. It any part or Paris of this ordinance are mconslitutlanah Invalitl or Ineffective, the remaining tall not be effected but shall remain In full force and 14. The provisions of this ordinance shell became ef- Irfy (301 days from the tlofe of final passage as Pro- Mot. low. 15. There shall be filed in the office of the County rulsa county, Oklahoma, a true and correct copy of lance and correct map. AND ADOPTED this 19th day of January, 2021 sh, Mayor Aflest: /s/ Juliann M. Stevens, City Clerk ED AS TO FORM: /s/ Julie Lombardi, CIfY Attorney 34.66 FEE f; THENCE SO °5]'3] "E for THE Point OF Beginning OF TRACT 1.95 ACRES MORE OR LESS, lescritetl as belie o Portion of the parcel rih 97ih East Avenue, Owasso OK said Hv described Public My Commission expires: oG� 15, ZD 714 # 20012672 ELIZABETH FIAILEY CONNER i NOTARY PUBLIC -STATE OF OKLAHOMA MY COMMISSION EXPIRES OCT. 13. 2024 ' COMMISSION as Panawso L Legal Representati ,NO IN SECTION 13, TOWNSHIP Yl N, rHE INDIAN BASE AND MERIDIAN, STATE OKLAHOMA. BEING OF 5tl9 °2 I'33 "W FOR SOHO BEGINNING. THENCE ITHERLV LINE OF THE 409.53 FEET: THENfF rc rARALt LL ID [HE EAST LINE OF SAID OR 1dB.d3 FEET TO THE POINT OF BEGINNING !ACT IA, CONTAINING 1.95 ACRES MORE OR e Is hereby zoned from Agriculture (AG) to Raeder. e- FamllY Low Density ORS-H. 4 2 All ordinances or parts or ordinances, in conflict ordinance are hereby repealed to the extent of the nly. I ?. It any part or Paris of this ordinance are mconslitutlanah Invalitl or Ineffective, the remaining tall not be effected but shall remain In full force and 14. The provisions of this ordinance shell became ef- Irfy (301 days from the tlofe of final passage as Pro- Mot. low. 15. There shall be filed in the office of the County rulsa county, Oklahoma, a true and correct copy of lance and correct map. AND ADOPTED this 19th day of January, 2021 sh, Mayor Aflest: /s/ Juliann M. Stevens, City Clerk ED AS TO FORM: /s/ Julie Lombardi, CIfY Attorney 34.66 FEE f; THENCE SO °5]'3] "E for THE Point OF Beginning OF TRACT 1.95 ACRES MORE OR LESS, lescritetl as belie o Portion of the parcel rih 97ih East Avenue, Owasso OK said Hv described Public My Commission expires: oG� 15, ZD 714 # 20012672 ELIZABETH FIAILEY CONNER i NOTARY PUBLIC -STATE OF OKLAHOMA MY COMMISSION EXPIRES OCT. 13. 2024 ' COMMISSION Sd uuheW nuaur�er. nfucanwry TO: FROM: SUBJECT: DATE: BACKGROUND: The Honorable Mayor and City Council Alexa Beemer City Planner Ordinance 1174, Rezoning OZ 20 -04— Hendricks Property January 15, 2021 APPROVED BY COUNCIL JAN 19 2021 The Community Development Department received a rezoning request for property located at 10010 North 97th East Avenue (North Mingo Road). The subject property involves 3.9 acres in the southeastern corner of the larger 27.86 acre lot located at the aforementioned address. The subject property is currently zoned Agriculture (AG) and the applicant is requesting a rezoning to Residential Single- Family Low Density (RS -1). There is a lot split case (OLS 20 -07) associated with this rezoning case, as the applicant intends to split the 3.9 acre subject property into two individual tracts. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Agriculture (AG) Vacant Residential City of Owasso Number of Lots Residential Within PUD? No Within Overlay District? South Manufactured Home Residential Residential Tulsa County (RMH) Residential Single - Family Residential /Va East (RS /3)/ Public Facility cant Residential City of Owasso (PF) West I Agriculture (AG) I Vacant I Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 3.90 acres +/- Current Zoning Agriculture (AG) Proposed Zoning Residential Single - Family Low Density (RS -1) Present Use Vacant Land Use Master Plan Residential Number of Lots 2 proposed Within PUD? No Within Overlay District? No Water Provider City of Owasso Page 2 01 20-04 ANALYSIS: The applicant is requesting a rezoning from the AG district designation to the RS -1 district designation for property located at the southeastern corner of the lot located at 10010 North 971h East Avenue. The applicant has indicated they wish to rezone the 3.9 acre subject property in order to market it for estate -sized single - family homes. Such a use is allowed by right in the RS -1 zoning district. The subject property is called out for future residential uses in the GrOwasso 2030 Land Use Master Plan document. A pair of single - family homes is a good example of a "residential use" land use. Further, the properties surrounding the subject property are largely undeveloped and /or the site of current residential developments. As such, single - family estate -sized homes would be compatible with the existing surrounding land uses. The City of Owasso will provide police, fire, ambulance, sanitary sewer, and water services to 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. 21F _\N. I yk T e7OTi7 u MT * K eG F A lot split case associated with this subject property (OLS 20 -07) was approved by the Planning Commission at their regular meeting on January 11, 2021, on the condition that this rezoning request be approved by City Council. OLS 20 -07 involves a request to split the 3.9 acres subject property from the larger tract into two smaller tracts. This would create two (2) 1.95 acre lots, with 23.96 acres remaining as the parent tract lot. Per the Owasso Zoning Code, the minimum lot size allowed within an AG district is 2 acres; this means that the two proposed lots would be nonconforming. This rezoning request would make the two proposed 1.95 acre lots conforming, as the minimum lot size allowed in the RS -1 district is 13,500 square feet or .31 acres. The Planning Commission voted 5 -0 to recommend approval of OZ 20 -04 at their regular meeting on January 11, 2021. RECOMMENDATION: Staff recommends adoption of Ordinance 1 174. ATTACHMENTS: Ordinance 1174 Zoning Map GrOwasso 2030 Land Use Master Plan Map