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Home My WebLink About1194_OZ 22-05_12525 E 116 St N_RM & CS to CSTulsa County Clerk — Michael Willis Doc 4 2022076781 Page(s): 3 07/25/2022 12:39:33 PM Receipt p 22 -50092 Fee: $ 22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1194 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 22 -05 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 located at 12525 East 116th Street North, 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 -05. 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 12525 East 1 16th Street North, said tract more particularly described as follows: A TRACT OF LAND THAT IS A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE /4 SE /4) OF SECTION FIVE (5), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SE /4 SE /4; THENCE NORTH 1°2340" WEST AND ALONG THE WEST LINE OF SAID SE /4 SE /4 FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH LINE OF PERMANENT RIGHT OF WAY GRANTED TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE DOCUMENT RECORDED THEREOF (DOCUMENT NO. 2018063145), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 1°23'40" WEST AND CONTINUING ALONG SAID WEST LINE FOR A DISTANCE OF 790.00 FEET; THENCE NORTH 88°4630" EAST FOR A DISTANCE OF 421.35 FEET; THENCE SOUTH 1 028'34" EAST FOR A DISTANCE OF 790.00 FEET TO A POINT ON SAID PERMANENT RIGHT OF WAY; THENCE SOUTH 88 °46'30" WEST AND ALONG THE NORTH LINE OF SAID PERMANENT RIGHT OF WAY FOR A DISTANCE OF 422.47 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 333,307 SQUARE FEET OR 7.652 ACRES. The same is hereby zoned from Residential Multi- family (RM) and Commercial Shopping (CS) to Commercial Shopping (CS). SECTION 2. The Planned Unit Development overlay, OPUD 20 -01, governing this property is hereby abandoned and all development standards outlined in the OPUD 20 -01 document are considered null and void. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1194 Page 1 of 3 CITY OF OWASSO, OKLAHOMA ORDINANCE 1194 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 22 -05 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 located at 12525 East 116th Street North, 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 -05. 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 12525 East 1 16th Street North, said tract more particularly described as follows: A TRACT OF LAND THAT IS A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE /4 SE /4) OF SECTION FIVE (5), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SE /4 SE /4; THENCE NORTH 1°23'40" WEST AND ALONG THE WEST LINE OF SAID SE /4 SE /4 FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH LINE OF PERMANENT RIGHT OF WAY GRANTED TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE DOCUMENT RECORDED THEREOF (DOCUMENT NO. 2018063145), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 1°2340" WEST AND CONTINUING ALONG SAID WEST LINE FOR A DISTANCE OF 790.00 FEET; THENCE NORTH 88°46'30" EAST FOR A DISTANCE OF 421.35 FEET; THENCE SOUTH 1028'34" EAST FOR A DISTANCE OF 790.00 FEET TO A POINT ON SAID PERMANENT RIGHT OF WAY; THENCE SOUTH 88°46'30" WEST AND ALONG THE NORTH LINE OF SAID PERMANENT RIGHT OF WAY FOR A DISTANCE OF 422.47 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 333,307 SQUARE FEET OR 7.652 ACRES. The same is hereby zoned from Residential Multi- family (RM) and Commercial Shopping (CS) to Commercial Shopping (CS). SECTION 2. The Planned Unit Development overlay, OPUD 20 -01, governing this property is hereby abandoned and all development standards outlined in the OPUD 20 -01 document are considered null and void. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1194 Page 1 of 3 SECTION 4. 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 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. 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 19kh day of July, 2022. Kelly Lewis, Mayor ATTEST: Clerk APPROVED AS TO FORM:: Juli Lombardi, City Attorney Ordinance 1194 Page 2 of 3 Note: Graphic overlays may Subject 0 100 200 400 ih not precisely ali gn with physical OZ 22 -05 features on the ground. Tract Feet Aerial Photo Date: 2020/2021 APPROVED BY COUNCIL TO: The Honorable Mayor and City Council JUL 19 2022 FROM: Alexo Beemer City Planner SUBJECT: Ordinance 1194, Rezoning OZ 22-05 and Abandonment of Planned Unit Development 20-01 (12525 East I 161h Street North) DATE: July 14, 2022 BACKGROUND: The Community Development Department received a rezoning request for property located at 12525 East I 161h Street North. The subject property is approximately 7.652 acres in size, and is zoned Residential Multi- Family (RM) and Commercial Shopping (CS). The property is also governed by Owasso Planned Unit Development (OPUD) 20-01. The applicant is requesting a rezoning to CS for the entirety of the property, as well as an abandonment of the aforementioned PUD. SUBJECT PROPERTY/PROJECT DATA: Property Size Current Zoning 7.652 acres +/- Residential Multi-family (RM) and Commercial Shoppi 9 (CS), Proposed Zoning Commercial Shopl2ing (CS) Present Use Vacant Land Use Master Plan Commercial Within PUD? Yes; OPUD 20-01 (seeVin_g to abandon) Within Overlay District? No Water Provider Washington County Rural Water District #3 Sewer Provider City of Owasso ANALYSIS: OPUD 20-01 was approved in June of 2020 under Ordinance 1168. The original intention of the applicant was to construct an assisted living facility on the northern portion of the property and a commercial development on the southern portion. • The applicant desires to eliminate the RM zoning on the subject property and as such abandon OPUD 20-01, as they do not intend to construct an assisted living facility. o By abandoning OPUD 20-011, all of the development standards outlined in the OPUD 20-01 document will be considered null and void. Further, the regulations found within the PUD document will no longer govern the development of the subject property. If this rezoning request is approved, the zoning on f he property will be entirely CS. As such, only the development standards for CS-zoned property found within the Owasso Zoning Code will apply. The GrOwasso 2030 Land Use Master Plan identifies the subject property for future commercial uses. Ordinance 1194, OZ 22 -05 Page 2 o As such, assigning the subject property a zoning designation of CS would be in accordance with Land Use Master Plan, and thus 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') along arterial roads. o The subject property is approximately four hundred fifteen feet (415') wide, and therefore conforms with the bulk and area standards specified in the Owasso Zoning Code for CS -zoned property. • The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the subject property. Washington County Rural Water District #3 will provide 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. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Agriculture (AG -R) Residential Residential Tulsa County South Agriculture (AG -R) Residential Commercial Tulsa County East Agriculture (AG -R) Residential Commercial /Residential Tulsa County West Agriculture (AG) Agricultural Commercial /Residential Tulsa County PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of rezoning request OZ 22- 05 and abandonment of OPUD 20 -01, at their regular meeting on July 11, 2022, RECOMMENDATION: Staff recommends adoption of Ordinance 1194. ATTACHMENTS: Ordinance 1194 Zoning Map GrOwasso 2030 Land Use Master Plan Map Rezoning Exhibit Weekly Group CITY OF OWASSO /LEGALS Ado Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter' Sand Springs Leader Sklatock Journal Wagoner County American- Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date August 03, 2022 Date Category Description Ad Size Total Cost 08/03/2022 Legal Notices ORD 1194 2.x 81.00 CL 103.68 769263 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 3, 2022 CITY OF OWASSO. OKLAHOMA IG APPLICATION ILL ORDINANCES WHEREAS, public hearings have been held regarding the re- quest for rezoning of the Property herein described as being located at 12525 East 116th Street North, and; WHEREAS, the Owasso City Council has considered the rec. ammendation of the Owasso Planning Commission and all statements for or against the rezoning of the property refer - enmd in APplicmion OZ U-05. 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 12525 East 116th Street North, sold tract more particularly described as follows: ATRACT OF LAND THAT IS A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 SE14) OF SECTION FIVE (5), TOWNSHIP TWENTY -ONE (211 NORTH, RANGE FOURTEEN (141 EAST OF THE INDIAN MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERN- MENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SE /4 SEA; THENCE NORTH 17340' WEST AND ALONG THE WEST LINE OF SAID SE/4 SE14 FOR A DISTANCE OF 60.00 FEET TO A POINT ON THE NORTH LINE OF PERMANENT RIGHT OF WAY GRANTED TO THE CITY OF OWASSO, TULSA COUN- TY, STATE OF OKLAHOMA ACCORDING TO THE DOCUMENT RECORDED THEREOF (DOCUMENT NO. 2018063145), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 1.23'40' WEST AND CONTINUING ALONG SAID WEST LINE FOR A DISTANCE OF 790.00 FEET; THENCE NORTH 08'4630' EAST FOR A DIS- TANCE OF 421.3.5 FEET; THENCE SOUTH 170'34' EAST FOR A DISTANCE OF 790.00 FEET TO A POINT ON SAID PERMANENT RIGHT OF WAY; THENCE SOUTH 88'4630' WEST AND ALONG THE NORTH LINE OF SAID PERMANENT RIGHT OF WAY FOR A DIS- TANCE OF 422.47 FEET TO THE POINT OF BEGIN- NING; - CONTAINING 333,307 SQUARE FEET OR OPUD 20 -01, govern- and, all development document are carets- .1 with this or- conflict only. Part or Parts of this ordinance are deemed unconsthu- invalid or ineffective, the remaining Portion shall not rcted but shall remain In full farce and effect. uvisions of this ordinance shall became effective thirty Sys from the date of final passage as provided by state ON 6. shall a filed is the office of the County Clerk of Tulsa Oklahoma, a true and correct copy of this Ordinonm PTED this 1911% day of July, MM City Attorney Affidavit of Publication I, Bmnda Brurrlbn qty of lawful age, being duly swom, 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 08/03/2022 Newspaper reference: 0000769263 Legal Sworn to and subscribed before me this date: Notaty I NOTARY PUBLIC • STATE OF OKLAHOMA MY COMMISSION EXPIRES SEP.11, 2023 90MMISSION # 19009197 My Commission expires: