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Home My WebLink About1177_OZ 21-02_10010 N 97th E Ave AG & CS to CSHry� Tulsa County Clerk - Michael Willis Doc 2021039843 Page(s): 2 04/09/2021 03:03:37 PM Receipt N 21 -24108 o�:i:•P Fee: $ 20.00 klgHOM CITY OF OWASSO, OKLAHOMA ORDINANCE 1177 NUNC PRO TUNC AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 21 -02 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 9349 North 129th East Avenue, Owasso Oklahoma, 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 21 -02. 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 9349 North 129th East Avenue, Owasso, Oklahoma, said tract more particularly described as follows: THE WEST 200.00 FEET OF LOT THREE (3), BLOCK ONE (1), 13000 CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO RECORDED PLAT NO 6920, AS FILED IN THE OFFICE OF THE TULSA COUNTY CLERK. CONTAINING 31,513 SQUARE FEET OR 0.7234 ACRES. The some is hereby zoned from Agriculture (AG) to Commercial Shopping (CS) 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. 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. nn M AS TO FORM: City Attorney Ordinance 1177 Nunc Pro Tunc Page 1 of 2 PASSED AND ADOPTED this 6th day of April, 2021. Bill Bush, 9 City Clerk (S hAL O 1Vy (,AL t PTw�4� �' ♦� .^Y 1 ILfI X12 I'1(�` 'Nit, ^)i INC .F tai _�"(+ ✓ Admy. 0 milk h � 169 _ _ a• „ - : µ., ... "� I ,, - j� (may mat ° p a a ZMM a Subject Tract IJ4 LIC 4. Af 9 I y J •taw �pj ",` fs i` • \ t '3 �''f��t?''? L`JA�I �� •�.S� +F',._ \ ��' ✓yam �A ,�.' �f S,. _ '11 �. _ -� rte. i• �`� S l' :; . t ..�00�l�ty��.f ,y a 3� � •^"4�� 'rte .`q'�r� � a�i�"� 3,� + o � ° 1 ._ N Note: Graphic overlays may ./ not precisely on with round. physical ®Subject OZ 21-02 0 100 200 400 21 21 -14 features on the ground. Tract I I I 1 I Renal Photo Date: February 2018 Feet ,.._.o.s..s s d TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens, City Clerk SUBJECT: Ordinance 1177 Nunc Pro Tunc DATE: April 1, 2021 BACKGROUND: On March 16, 2021, the City Council adopted Ordinance 1177, approving rezoning request OZ 21 -02. Upon filing the ordinance with the Tulsa County Clerk's office, a scrivener's error was discovered within the document. The legal description for the property is correct; however, the address listed shows the rezoned property located at 10010 north 971h East Avenue. The correct address is 9349 North 129 +h East Avenue. AMENDED ORDINANCE: This type of error is corrected by adoption of a Nunc Pro Tunc ordinance which is literally translated from Latin as "now for then." Staff has drafted an amended ordinance to correct the property address to read 9349 North 129th East Avenue. Upon City Council adoption, the corrected ordinance will be filed with the Tulsa County Clerk's office, thereby replacing Ordinance 1177 and the incorrect address. RECOMMENDATION: Staff recommends adoption of the Ordinance 1177 Nunc Pro Tunc. ATTACHMENT: Ordinance 1 177 Nunc Pro Tunc Nr� Tulsa County Clerk - Michael Willis Doe 0 2021032257 Page(s): 3 03/22/2021 04:21:00 PM Receipt N 21 -19152 00 •:::• P Fee: $ 22.00 klgNOM %-II T ur uWASSO, OKLAHOMA ORDINANCE 1177 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 21 -02 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 21 -02. 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: THE WEST 200.00 FEET OF LOT THREE (3), BLOCK ONE (1), 13000 CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO RECORDED PLAT NO 6920, AS FILED IN THE OFFICE OF THE TULSA COUNTY CLERK. CONTAINING 31,513 SQUARE FEET OR 0.7234 ACRES. The some is hereby zoned from Agriculture (AG) to Commercial Shopping (CS) 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. 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 16th day of March, 2021 0 0 Ordinance 1177 Page 1 of 3 OKLP,NO>� �� *'Bill Bush, Mayor' (SEAL) APPR ED AS TO FORM: N o Julie Y mbardi, City Attorney Ordinance 1177 Page 2 of 3 s♦ ti r ,C r ry- ;169 a _ Y! n � o r'T1Ia�• `i- •d ua7 • 1 .r i�.- Mb h ''�� / '.I• pit .l _ -. ,�._Y ^ - —•�?" � - Subject Tract a 3 ..�t,�R ;r'uR 1' `* �aa � , s '��' I fit• !q� y'�l/_V•jl� /pj 0 y �� tl d A*N [Y.9 HI �) Q�x3�Gi N K P '"`'r.,�.,ly,A��^�' � 1 .v,_ • yep �r<.��,+y�,, �,. - �.�ji ,��4� 3q.�, ^,,1�` ��- .�t• ,y- ,r' ice' a ` ! ♦ - /, �. - .��"-'kr aj 1`ac4 :- T�0�7G�q�j e�GI t.�y _ ; A. Note: Graphic overlays may 0 100 200 400 N not features on hound. physical ®Subject OZ 21 -02 21 21 -14 I Photo on the ground. Tact I I I I I Aerial Photo Date: February YglB Feet .r t B� lsr Ic�l i Y ;il ah 7 r o t Alto nL 1 _C: a _ Y! n � o r'T1Ia�• `i- •d ua7 • 1 .r i�.- Mb h ''�� / '.I• pit .l _ -. ,�._Y ^ - —•�?" � - Subject Tract a 3 ..�t,�R ;r'uR 1' `* �aa � , s '��' I fit• !q� y'�l/_V•jl� /pj 0 y �� tl d A*N [Y.9 HI �) Q�x3�Gi N K P '"`'r.,�.,ly,A��^�' � 1 .v,_ • yep �r<.��,+y�,, �,. - �.�ji ,��4� 3q.�, ^,,1�` ��- .�t• ,y- ,r' ice' a ` ! ♦ - /, �. - .��"-'kr aj 1`ac4 :- T�0�7G�q�j e�GI t.�y _ ; A. Note: Graphic overlays may 0 100 200 400 N not features on hound. physical ®Subject OZ 21 -02 21 21 -14 I Photo on the ground. Tact I I I I I Aerial Photo Date: February YglB Feet of this ordinance shall become effective thirty the date of final passage as provided by state filed in the office of the County Clerk of Tulsa ma, a true and correct copy of this Ordinance ADOPTED this 16th day of March, 2021. Attorney My Commission expires: ou - l .�l yq — �EMBFFWHAII,EYCONNER NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES OCT.13, 2024 COMMISSION # 20012672 Owasso Reporter • Sand Springs Leader OCi110ma Sklalook Journal - Wagoner County American- Tribune OKLAHOMA WEEKLY GROUP Account Number P.O. BOX 1770 TULSA, OK 74102 -1770 1015023 CITY OF OWASSOILEGALS Date Attn Julie Stevens PO BOX 180 March 31, 2021 OWASSO, OK 74055 Date Category Description Ad Size Total Cost 03131/2021 Legal Notices ORDINANCE 1177 2 x 50.00 CL 64.00 Affidavit of Publication L Brenda Brumbaugh of lawful age, being duly sworn, am a legal representative of the Owasso Reporter of Owasso, 695653 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, a weekly newspaper of circulation in Tulsa Oklahoma, March 31, 2021 general CITY OF OWASSO, OKLAHOMA County,. Oklahoma, a legal newspaper qualified to publish legal APPLICATION 1177 AN ORDINANCE OZ 21-02 AND ON REPEALING ALL notices, as defined in 25 O.S. § 106 as amended, and thereafter, and ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, Public hearings hove been held regarding the re- complies with all other requirements of the laws of Oklahoma with quest for rezoning of the property herein described as being a portion of the Parcel located at 10010 North 97th East Avenue, reference to legal publication. That said notice, a true copy of which Owasso OK, and WHEREAS, the Owosso City Council has considered the MC- is attached hereto, was published in the regular edition of said ommendation of the Owasso Planning Commission and all statements for or against the rezoning of the property refer- newspaper during the period and time of publication and not in a enced in Application OZ 21.02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL supplement, on the DATE(S) LISTED BELOW OF THE CITY OF OWASSO, OKLAHOMA, THATTO 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: THE WEST 200.00 FEET OF LOT THREE (3), BLOCK 03/31/2021 ONE (1), 13000 CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHO- Newspaper reference: 0000695653 MA, ACCORDING TO RECORDED PLAT NO 6920, AS FILED IN THE OFFICE OF THE TULSA COUNTY CLERK. CONTAINING 31,513 SQUARE FEET OR 03234 ACRES. The same is hereby zoned from Agriculture (AG) to Commer• cial Shopping iCS). SECTION 2. Legal Representati V All ordinances or parts of ordinances, in conflict with this or• dlnance are hereby repealed to the extent of the conflict only. SECTION 3. If any part or parts of this ordinance are deemed unconstitu• floral, Invalid or Ineffective, the remaining portion shall not Sworn to and subscribed before me this date: be affected but shall remain in full force and effect. of this ordinance shall become effective thirty the date of final passage as provided by state filed in the office of the County Clerk of Tulsa ma, a true and correct copy of this Ordinance ADOPTED this 16th day of March, 2021. Attorney My Commission expires: ou - l .�l yq — �EMBFFWHAII,EYCONNER NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES OCT.13, 2024 COMMISSION # 20012672 sd fl.V -RE1L Clo=r -RM Cpseui!( TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager SUBJECT: Ordinance 1177, Rezoning OZ 21 -02 DATE: March 12, 2021 BACKGROUND: APPROVED By COUNCIL MAR 16 2021 The Community Development Department received a rezoning request for property located at 9349 North 129th East Avenue. Specifically, the subject property is located within Lot Three (3), Block One (1) of the 13000 Center Plat (plat 6920) and is presently zoned both Agriculture (AG) and Commercial Shopping (CS). The applicant is requesting 0.7234 acres of Lot Three (3) be rezoned to CS to unify the property under one zoning category for the purpose of developing a commercial business (Andy's Frozen Custard). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS) Retail Shopping Commercial City of Owasso South Office District (0) Church Transitional City of Owasso East Residential Single Family (RS -2) Residential Residential City of Owasso West Commercial Shopping (CS) Retail Shopping Commercial City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 0.7234 +/- acres Land Use Master Plan Commercial Current Zoning CS (Commercial Shopping) and AG (Agriculture) Proposed Use Commercial Proposed Lots 1 Lot Within a PUD? No Within an Overlay District? No Water Provider City of Owasso ANALYSIS: The subject property is presently owned by First Assembly Church and formally contained a small residence. The location of the residence had an underlying zoning of AG, which was likely the original zoning of this property before it began to develop. Because of this, the subject property is comprised of two zonings: CS and AG. The applicant is requesting to rezone a larger portion of the lot (0.7234 acres) to the CS district designation to ensure there are not gaps in the zoning and to unify the property under one zoning district. The property is proposed to be developed as a commercial business (Andy's Frozen Custard). There is also a lot split case associated with the subject property (OLS 21 -01) which is dividing Lot three (3) of the 13000 Center Plat into two separate tracts Page 2 OZ 21 -02 The subject property is called out for future commercial uses in the GrOwasso 2030 Land Use Master Plan document, making the requested zoning of CS appropriate. Additionally, this area has developed with higher intensity commercial uses. Therefore, a proposed commercial business such would be compatible with existing and future land uses. The City of Owasso will provide police, fire, ambulance, water and sanitary sewer 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. PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of the rezoning request OZ 21 -02, at their regular meeting on March 8, 2021. RECOMMENDATION: Staff recommends adoption of Ordinance 1177. ATTACHMENTS: Ordinance 1177 Zoning Map GrOwasso 2030 Land Use Master Plan Map