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Home My WebLink About1211_OZ 23-04 0.20 acres 1012 N Ash_RS-3 to OCITY OF OWASSO, OKLAHOMA Tulsa County Clerk - Michael Willis Doc # 2023068884 Page(s): 3 Receipt # 2023-46659 Fees: $22.00 ORDINANCE 1211 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 23 -04 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 1012 North Ash Street, 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 23 -04. 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 1012 North Ash Street, Owasso, Oklahoma; said tract more particularly described as follows: Lot One (1), Block Four (4), NICHOLS HEIGHTS, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded Plat No. 1922, LESS AND EXCEPT that part Beginning at the Southwest corner of said Lot 1, thence East along the South line of said Lot 1 for a distance of 5 feet; thence North 6 011'38" East for a distance of 64.88 feet to a point on the North line of said Lot 1; thence West a distance of 12 feet to the Northwest corner of said Lot 1; thence South along the West line of said Lot 1 a distance of 64.5 feet to the Point of Beginning. The same is hereby rezoned from Residential Single - Family (RS -3) to Office (0) 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 1211 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 15th day of August, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1211 Page 2 of 3 TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Wendy Kramer, City Planner Ordinance 1211: Rezoning OZ 23 -04 — 1012 North Ash Street August 11, 2023 BACKGROUND: APPROVED BY COUNCIL AUG 15 2023 The Community Development Department received a request for the rezoning of property located at 1012 North Ash Street. The subject property is approximately 0.20 acres in size, and is zoned Residential Single - Family (RS -3). The property encompasses a portion of Lot 1, Block 4, Nichols Heights. The applicant is requesting a rezoning to Office (0) for the entirety of the property. SUBJECT PROPERTY /PROJECT DATA: Property Size 0.20 acres +/- Current Zoning Residential Single-Family RS -3 Proposed Zoning Office O Present Use Dilapidated Residence Land Use Master Plan Transitional Within PUD? No Within Overlay District? 1 No Water Provider City of Owasso Sewer Provider City of Owasso ANALYSIS: • The applicant desires to rezone the subject property to Office (0), in order to accommodate the construction of an office building. • The GrOwasso 2035 Land Use Master Plan identifies the subject property for future transitional uses. o Considering the above, assigning the subject property a zoning designation of O would be in accordance with the GrOwasso 2035 Land Use Master Plan. Per the Owasso Zoning Code, the minimum lot frontage required for O -zoned properties is fifty feet (50') along non - arterial roads. o Pending approval of this rezoning, the applicant is intending to orient the proposed office building towards North l 1th Street. The dimension of the subject property along said street is approximately one - hundred twenty -eight feet (128') wide, and is therefore considered conforming with regards to the bulk and area standards specified in the Owasso Zoning Code for O -zoned property. • The City of Owasso will provide police, fire, ambulance, water and sanitary sewer services to the subject property. Any future development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. OZ 23 -04 Page 2 SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS) Commercial Commercial City of Owasso South Residential Single- Family (RS -3) Residential Residential City of Owasso East Residential Single- Residential Residential City of Owasso Family RS -3 West Commercial Commercial Commercial City of Owasso Shopping (CS) 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 1211, approving rezoning request OZ 23 -04, rezoning the subject property from Residential Single Family (RS -3) to Office (0). ATTACHMENTS: Ordinance 1211 Zoning Map GrOwasso 2035 Land Use Master Plan Map Rezoning Survey Exhibit AFFIDAVIT OF PUBLICATION Owasso Reporter 202 E 2nd Ave (918) 272 -1155 1, 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: RoJUHXLgHhiyURlnjmkQ Publisher ID: 41015 Notice Name: ordinance 1211 city of owasso PUBLICATION FEE: $66.41 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. Agent VERIFICATION State of Florida County of Charlotte RACHAEL MARY SC HULTZ Notary Public -State (Florida Commission # HH13 A673 Expires on May 37, 2025 Signed or attested before me on this: 08/23/2023 Notary Public Notarize online using audio -video communication Published in the Owasso Re- Oklahoma,AUgust 3,2023 CITY OF OWASSO, OKLAHOMA ORDINANCE 1211 AN ORDINANCE APPROVING ZON- ING APPLICATION NUMBER OZ 2300 AND REPEALING ALL ORDI- NANCES OR PARTS OF ORDMANG ES IN CONFLICT WHEREAS, Public mamas have been held orgI dinU the request fm rezonlnq of tM1 Woperly herein m, scribed as 1012 North Ash Street WHEREAS Lire a'asso city Council hers a nidered the me.nienda Ion of rthe Oessm Planning Cor and ell statements for or in Application OZ 2344. ordinance are hereby repealed to the enenl ofmccensetonly. cen da Ceemed la stiwtlome, invalid or ineffealy, , the lemaininy podia, shall not be at. e1i l e bar shall remain In lull force SECTION A. The Grovisians of this ordinance shall become effective thhty(30) days homibedsteof final Passage as provided by stale low. SECTION S. There stroll he filed in lire office of the County Clerk of Tulsa County, Oklahoma, a tme and correct copy of this Ordinance and correct map. PASSED AND ADOPTED this 15th AUgust. 2023. /a/ of Lewis. Mayor ATTEST: Juliann M. Slovens, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Anofney ordinance 1211 city of owasso - Page 1 of 1