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HomeMy WebLinkAbout1196_OZ 22-07_414 S Birch St_RS-3 to RMTulsa County Clerk - Michael Willis Doc 2022086064 Page(s): 2 08/22/2022 12:37:14 PM Receipt N 22 -56275 Fee: $ 20.00 OWASSO, OKLAHOMA ORDINANCE 1196 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 22 -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 414 South Birch Street, 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 22 -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 414 South Birch Street, Owasso, Oklahoma, said tract more particularly described as follows: Lot 3, Block 1, IVADEL ADDITION to the Town of Owasso, Tulsa County, Oklahoma according to the recorded plat thereof. The same is hereby rezoned from Residential Single - Family (RS -3) to Residential Multifamily (RM) 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. ATTEST: 4 1 Stevens, City Clerk JuliE Lombardi, City Attorney Ordinance 1196 Page 1 of 2 PASSED AND ADOPTED this 16th, day of August, 2022 OFFICIAL SEAL Note: Graphic overlays Subject oz 22-07 not precisely align with physical eatu features on the ground. Tract Aerial Photo Date: 2020/2021 Feet TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner APPROVED BY COUNCIL SUBJECT: Ordinance 1 196, Rezoning OZ 22 -07 (414 South Birch Street) DATE: August 12, 2022 BACKGROUND: AUG 16 2022 The Community Development Department received a rezoning request for property located at 414 South Birch Street, just east of the City's maintenance garage. The subject property is approximately 0.45 acres in size, and is zoned Residential Single - Family (RS -3). The property is platted as Lot 3, Block 1 of the Ivadel Addition. The applicant is requesting a rezoning to Residential Multi- family (RM) for the entirety of the property. SUBJECT PROPERTY /PROJECT DATA: Property Size 0.45 acres +/- Current Zoning Residential Single-Family RS -3 Proposed Zoning Residential Multi- family RM Present Use Vacant Land Use Master Plan Downtown Development District Within PUD? No Within Overlay District? Yes; Downtown Overlay Water Provider City of Owasso Sewer Provider I City of Owasso ANALYSIS: • The applicant desires to rezone the subject property to RM, in order to accommodate the construction of a quadplex. Since this property is within the Downtown Overlay District, a Planned Unit Development (PUD) is not required for this proposed multifamily use. o The Owasso Zoning Code allows for the construction of up to six (6) dwelling units on any property zoned for multifamily development, without the need of a PUD. • The Land Use Master Plan identifies the subject property as being within the Downtown Development District, an area where attached and higher density housing types are encouraged. o Considering the above, assigning the subject property a zoning designation of RM would be in accordance with Land Use Master Plan, and thus in accordance with the long -range vision for the subject property as well as the goals of the Downtown Overlay. Page 2 Ordinance 1196: OZ 22 -07 • Per the Owasso Zoning Code, there are no lot width or lot area minimum requirements for property zoned RM. o As such, the subject property is therefore considered conforming with regards to the bulk and area standards specified in the Owasso Zoning Code for RM -zoned property. • 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. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Residential Single- Downtown North Family (RS -3) Residential Development City of Owasso District Residential Single- Downtown South Family (RS -3) Residential Development City of Owasso District East Residential Single- Residential Downtown Development City of Owasso Family (RS District City Maintenance Public / Institutional West Public Facilities (PF) Garage / Skate & Parks / Recreation City of Owasso Park PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of rezoning request OZ 22- 07 at their regular meeting on August 8, 2022. RECOMMENDATION: Staff recommends adoption of Ordinance 1 196. ATTACHMENTS: Ordinance 1196 Zoning Map GrOwasso 2030 Land Use Master Plan Map Rezoning Exhibit Weekly Group CITY OF OWASSO /LEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Date Category Description 08/2412022 Legal Notices OZ 22 -07 772390 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 24, 2022 CITY OF OWASSO, OKLAHOMA ORDINANCE 1196 AN OR- as Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Ad Size Account Number 1015023 Date August 24, 2022 CL Affidavit of Publication Brenda Brumbaugh of lawful age, being duly Total Cost 56.32 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 in held described the re- herein described the as 414 notices, as defined in 25 O.S. § 106 as amended, and thereafter, and has considered the rec. complies with all other requirements of the laws of Oklahoma with no Commission and all is of the Property refer. reference to legal publication. That said notice, . a true copy of which VSO BY THE COUNCIL DMA, THAT TO WIT: according to the recorded ereby rezoned from Residential Single - Family lentlal Multifamily (RM). or parts of ordinances, in conflict with this or. reby repeated to the extent of the conflict only. parts of this ordinance are deemed unconstifu- or Ineffective, the remaining portion shall not shall remain In full force and effect, The provisions of this ordinance shall become effective thirty (30) days from the sate 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. PASSED AND ADOPTED this 16th, day of August, 2022 Is/ Kelly Lewis, Mayor ATTEST: /s/Jullann M. Stevens, City Clark APPROVED AS TO FORM: NJulle Lombardi, City Attorney 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 08/24/2022 Newspaper reference: 0000772390 Legal Representative Sworn to and subscribed before me this date: AUG 2 5 2022 Notary Public My Commission expires: NOTARY MARSHALL MYCOMMISSION STATEOF