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Home My WebLink About1212_OZ 23-05 0.64 acres 201 N Birch_RS-3 to DMTulsa County Clerk- MICHAEL WILLIS Doc #: 2023068883 Page(s): 2 08/24/202310:43:29 AM Receipt #: 2023 -46659 Fees: $20.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1212 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 23 -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 located at 201 North Birch Street, 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 23 -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 201 North Birch Street, Owasso, Oklahoma; said tract more particularly described as follows: Lots Five (5) and Six (6), Block Eight (8), Original Town of Owasso, Tulsa County, State of Oklahoma, According to the Recorded Plat Thereof The same is hereby rezoned from Residential Single - Family (RS -3) to Downtown Mixed (DM). 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. PASSED AND ADOPTED this 15th day of August, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1212 Page 1 of 2 APPROVED BY COUNCIL AUG 15 2023 TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Alexa Beemer, AICP, Planning Manager Ordinance 1212, Rezoning OZ 23 -05 - 201 North Birch Street August 11, 2023 BACKGROUND: The Community Development Department received a rezoning request for property located at 201 North Birch Street, which is platted as Lots 5 and 6, Block 8, Original Town of Owasso. The subject property is approximately 0.64 acres in size, and is zoned Residential Single - Family (RS -3) and is within the Downtown Overlay District. The applicant is requesting a rezoning to Downtown Mixed (DM). SUBJECT PROPERTY /PROJECT DATA: Property Size 0.64 acres +/- Current Zoning RS -3 Proposed Zoning DM Present Use Vacant Land Use Master Plan Redbud District Within PUD? No Within Overlay District? Yes; Downtown Overlay Water Provider City of Owasso Sewer Provider City of Owasso ANALYSIS: • The applicant desires to rezone the subject property to DM in order to accommodate a proposed mixed -use development, with retail and /or office uses on the first floor of the structure and multi- family uses on the second. The GrOwasso 2035 Land Use Master Plan identifies the subject property as being a part of the special Redbud District, which encourages mixed -use and densified developments. o As such, assigning the subject property a zoning designation of DM 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, there is no minimum lot frontage requirement for DM- zoned. This subject property is two hundred feet (200') in length and one hundred and forty feet (140') in width. As such, the subject property is considered a conforming lot with regards to the bulk and area requirements for DM -zoned properties. • 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 23 -05 Page 2 SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Single- Residential Redbud District City of Family (RS -3) Owasso Public & City of South Public Facilities (PF) Municipal Building Institutional / Owasso Redbud District East Residential Single- Residential Redbud District City of Family (RS -3) Owasso West Residential Single- Religious Institution Redbud District City of Family (RS -3) Owasso PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of this item at their regularly scheduled meeting on August 7, 2023. RECOMMENDATION: In developing a recommendation, staff evaluated Oklahoma State Statue, Title 11, Chapter 1, Part 1, Article XXI, Section 21 -101. Following this evaluation, staff concluded the subject rezoning request meets all legal requirements for approval. Staff recommends adoption of Ordinance 1212, approving rezoning request OZ 23 -05, rezoning the subject property from Residential Single Family (RS -3) to Downtown Mixed (DM). ATTACHMENTS: Ordinance 1212 Zoning Map GrOwasso 2035 Land Use Master Plan Map Rezoning Survey Exhibit AFFIDAVIT OF PUBLICATION Owasso Reporter 202 E 2nd Ave (918) 272 -1155 I, Bailee Liston, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Owasso Reporter, a publication that is a "legal newspaper" as that phrase is defined for the city of Owasso, for the County of Tulsa, in the state of Oklahoma, that this affidavit is Page 1 of 1 with the full text of the sworn -to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: 23 Aug 2023 Notice ID: TggltNt6NcggSYPnInOY Publisher ID: 41010 Notice Name: ordinance 1212 city of Owasso PUBLICATION FEE: $52.00 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. Published In the Owasso Re- porter, Owasso, Tulsa County, Oklahoma, August 23, 2023 CITY OF OWASSO, OKLAHOMA ORDINANCE 1212 ORDINANCE APPROVING ZON- APPLICATION NUMBER OZ 1.05 AND REPEALING ALL ORDI- NCES OR PARTS OF ORDINANC. IN CONFLICT HEREAS, public hearings have an held regarding the request for wiling of the property located at North Birch Street and HEREAS, the Owasso City Council considered the recommends. in of the Owasso Planning Com- ssion and all statements for or SECTION 2. All ordinances or pans of ordinances, in conflict with this ordinance are hereby repealed tothe extent of the conflict only. SECTION 3. If any part or parts of this ordinance are deemed uncoo- stitutional, invalid or ineffective, the remaining portion shall not be af- fected 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. Notary otarize Pudic N online using audio -video communication ordinance 1212 city of owasso - Page 1 of 1 SECTION S. There shall be filed in the office of the County Clerk of HULTZ a true copy, Agent Notary Public - State correct ofklahoma, and Florida correct map. VERIFICATION Commission PASSED AND ADOPTED this 15th day of August, 2023. Expires on /s /Kell Lewis. Mayor State of Florida ATTEST: County of Charlotte /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardl, City Attorney Signed or attested before me on this: 08/23/2023 Notary otarize Pudic N online using audio -video communication ordinance 1212 city of owasso - Page 1 of 1