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HomeMy WebLinkAbout1192_OZ 22-03_11940 E 86 St N_O to CSTulsa County Clerk - Michael Willis �r'�: r:' ::•,6 Doc b 2022055514 Page(s): 3 05/26/2022 11:16:01 RM Receipt H 22 -36624 °k�AxoMP* Fee: $ 22.00 C1 Y Ur vvvmaSO, OKLAHOMA ORDINANCE 1192 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 22 -03 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 11940 East 86th Street North, 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 22 -03. 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 11940 East 86th Street North, said tract more particularly described as follows: THE EAST 108.13 FEET OF THE WEST 241.91 FEET OF LOT SIXTY -EIGHT (68), BLOCK TWO (2), THREE LAKES, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT NO. 3620, AND AS RECORDED IN DOCUMENT NUMBER 2008030360, TULSA COUNTY, OKLAHOMA DEED RECORDS, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 1/2 INCH REBAR FOR THE SOUTHEAST CORNER OF SAID LOT 68; THENCE S 88 028'57" W A DISTANCE OF 28.13 FEET TO THE 1/2 INCH REBAR BEING THE POINT OF BEGINNING AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE S 88041'15" W 108.19 FEET TO A 1/2 INCH REBAR FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 01 020'34" W A DISTANCE OF 248.01 FEET TO A 5/8 INCH REBAR SET AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE N 88 °32'40" E A DISTANCE OF 108.18 FEET TO A 1/2 INCH REBAR AT THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE S 01020'49" E A DISTANCE OF 248.28 FEET, RETURNING TO THE POINT OF BEGINNING, CONTAINING 0.62 ACRES MORE OR LESS. The some is hereby zoned from Office (0) 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. Ordinance 1192 Page 1 of 3 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 17th day of May, 2022. Kelly Lewis, Uayor NN iR I ib° n Clerk • t 1 ♦"� • APPM�S TO FORM: J9 / //.4Z Julie /Ombardi, City Attorney Ordinance 1192 Page 2 of 3 t N4 E2 1 � _..SIG - n�'�.. l ,._ �, a' '� f � ��, l� -7�, E�-t . • a. � \.^ A�� � �' ' t\ � s y,y \ � , � `iii!' f�r� e! Y' � ? f��P� •�W�1 4��-�y Q �� ,j SUBJECT TRACT �;' s f. Il z ' '•' k iii '/�'.J �. ; �b ^ • ' � d nom' I f � , x.e .r., " 9r f�ti -" 0;� mss. x- dQ. 1 i � ,a 0� f rzag � � •� Imo, �` �n� >, '7; �� ¢ "`i 's V, � � ' �., ��• -- xf x , / • ^ f ...111""""' t _ . 'F I' 6v� !. - , o'gal �• CP �'.: i,. Y't jl. •.. t� i .ml �'Ir ~� Lt N Subject o too zoo aoo 300' Radius ���� Tract OZ 22 -03 1 1 2921-14 Feet Sd EUa�..�� .w..�.. TO: FROM: SUBJECT: DATE: BACKGROUND: APPROVED BY COUNCIL MAY 17 2022 The Honorable Mayor and City Council Alexo Beemer City Planner Ordinance 1192, Rezoning OZ 22 -03- 11940 East 861h Street North May 13, 2022 The Community Development Department received a rezoning request for property located at 11940 East 861h Street North, a portion of Lot 68, Block 2 of the Three Lakes addition. The subject property is approximately 0.62 acres in size, and is zoned Office (0). The property was annexed into the City Limits in 1973, under Ordinance 165. The applicant is requesting a rezoning to Commercial Shopping (CS). SUBJECT PROPERTY /PROJECT DATA: Property Size 0.62 acres +/- Current Zoning Office O Proposed Zoning Commercial Shopping CS Present Use Vacant Land Use Master Plan Commercial Within PUD? No Within Overlay District? No Water Provider City of Owasso Sewer Provider City of Owasso ANALYSIS: The applicant desires to rezone the subject property to accommodate a proposed drive - thru coffee establishment. The GrOwasso 2030 Land Use Master Plan identifies the subject property for future commercial development; if the rezoning request is approved, said decision would be in accordance with the long -range vision for the subject property. Per the Owasso Zoning Code, the minimum lot frontage required for CS -zoned properties is one hundred and twenty -five feet (125'). This subject property is only approximately one hundred eight feet (108') in width. However, the Owasso Board of Adjustment granted a variance (OBOA 22 -03) at their regular meeting on April 26, 2022, to allow for a reduction in the minimum frontage requirement on the subject property. Therefore, the subject property is considered a conforming lot. 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. OZ 22 -03 Page 2 SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Commercial Shopping Commercial / Commercial / North (CS) / Residential Residential Residential City of Owasso Single - Family (RS -3) South Agriculture (AG) Neighborhood Park Parks & Recreation City of Owasso East Office (0) Office Commercial City of Owasso West Office (0) Office Commercial City of Owasso PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of rezoning request OZ 22- 03, at their regular meeting on May 9, 2022. RECOMMENDATION: Staff recommends adoption of Ordinance 1192. ATTACHMENTS: Ordinance 1192 Zoning Map GrOwasso 2030 Land Use Master Plan Map Rezoning Exhibit Weeld Group ,.r CITY OF OWASSOILEGALS Alto Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Sklalook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date May 25, 2022 Date Category Description Ad Size Total Cost 05125/2022 Legal Notices ORD 1192 2 x 66.00 CL 84.48 760367 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May 25, 2722 CITY OF OWASSO, OKLAHOMA/ORDI NANCE 1192 - AP. PROVING ZONING APPLICATION NUMBER OZ 49-03 AND WHEREAS, Public hearings have been held regarding the re- quest for rezoning of the Property herein described as 11940 East 96th Street North, Owasso, Oklahoma, and WHEREAS, the Owasso City Council has considered the rec. ommendation of the Owasso Planning Commission and all statements for ar against the rezoning of the property refer - enced in Application OZ 22-U 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 11940 East 86th Street North, said RECORDED PLAT NO. DOCUMENT NUMBER OKLAHOMA DEED ;LY DESCRIBED BY M VS: A V2 INCH REBAR iR OF SAID LOT 68; ,NCE OF 28.13 FEET 1 REBAR FOR Affidavit of Publication Brenda Brumbaugh 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 311 THE 0525/2022 IENCE S THE 112 Newspaper reference: 0000760367 'INNING EIN DE. 19 FEET ST COR- THENCE TOASB !NCE ON Legal Representative 1/f INCH 1F TNF HLKtIN utbCKIULU IKACI: THENCE 5 01'20'49" E A DISTANCE OF 248.28 FEET, RETURNING TO THE POINT OF BEGINNING, CONTAINING 0.62 ACRES MORE OR LESS. The some is hereby zoned from Office (0) to Commercial Shopping (CS). 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 ordinance are deemed unconstitu- tional,'invalld or Ineffective, the remaining portion shall Pat of this ordinance shall became effective thirty the date of final passage as provided by state There shall be Bled In the office at the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED AND ADOPTED this 171h day of May, 2022. /s/ Kelly Lewis, Mayor ATTEST: ATTEST: Al Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Is/ Julle Lombardi, City Attorney Sworn to and subscribed before me this date: -a� -oar Notary P_Ublic_ ANDER SHELL d'OTARY PUBLIC - STATE OF OKLAHOMA MyCOMMIShI();d e;C'IRES "FP 11 20 I,, '23 My Commission i ISSIORI ;rk 190091'67' 9009197 expires: - - - - _