HomeMy WebLinkAbout1213_OZ 23-06_2.22 Acres_W of N Mingo Rd & E 102 St N Intersection_AG to RECITY OF OWASSO, OKLAHOMA
ORDINANCE 1213
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 23 -06 AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WHEREAS, public hearings have been held regarding the request for rezoning of the
property generally located west of the North Mingo Road and East 102nd Street North
intersection, 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 -06.
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 generally located west of the North Mingo Road and East 102nd
Street North intersection in Owasso, Oklahoma; said tract more particularly described as follows:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
S88 030'10 "W FOR 50 FEET TO A POINT ON THE WEST RIGHT -OF -WAY OF NORTH 97TH
EAST AVENUE ALSO KNOWN AS MINGO ROAD; THENCE S0 057'37 "E ALONG SAID
RIGHT -OF -WAY FOR 147.77 FEET TO SOUTHEAST CORNER LOT 3. THENCE N60 °36'52 "W
FOR 473.19 FEET TO A POINT ON THE EAST RIGHT -OF -WAY OF ATB,SF RAILROAD;
THENCE N14 016'13 "E ALONG SAID RIGHT -OF -WAY FOR 160.85 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RAILROAD RIGHT -WAY N14 016'13 "E
FOR 307.25 FEET; THENCE N89 002'52 "E FOR 285.46 FEET TO A POINT ON SAID STREET
RIGHT -OF -WAY; THENCE S0 057'07 "E ALONG SAID RIGHT -OF -WAY FOR 296.45 FEET;
THENCE S89 002'38 "W FOR 366.14 FEET TO THE POINT OF BEGINNING
The same is hereby rezoned from Agriculture (AG) to Residential Estate (RE).
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All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the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 1213
Page 1 of 3
Tulsa County Clerk - MICHAELWILLIS
Doc #: 2023077903 Page(s): 3
09/26/2023 09:31:05 AM
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Receipt #: 2023-53125
Fees: $22.00
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1213
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 23 -06 AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
WHEREAS, public hearings have been held regarding the request for rezoning of the
property generally located west of the North Mingo Road and East 102nd Street North
intersection, 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 -06.
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 generally located west of the North Mingo Road and East 102nd
Street North intersection in Owasso, Oklahoma; said tract more particularly described as follows:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
S88 030'10 "W FOR 50 FEET TO A POINT ON THE WEST RIGHT -OF -WAY OF NORTH 97TH
EAST AVENUE ALSO KNOWN AS MINGO ROAD; THENCE S0 057'37 "E ALONG SAID
RIGHT -OF -WAY FOR 147.77 FEET TO SOUTHEAST CORNER LOT 3. THENCE N60 °36'52 "W
FOR 473.19 FEET TO A POINT ON THE EAST RIGHT -OF -WAY OF ATB,SF RAILROAD;
THENCE N14 016'13 "E ALONG SAID RIGHT -OF -WAY FOR 160.85 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RAILROAD RIGHT -WAY N14 016'13 "E
FOR 307.25 FEET; THENCE N89 002'52 "E FOR 285.46 FEET TO A POINT ON SAID STREET
RIGHT -OF -WAY; THENCE S0 057'07 "E ALONG SAID RIGHT -OF -WAY FOR 296.45 FEET;
THENCE S89 002'38 "W FOR 366.14 FEET TO THE POINT OF BEGINNING
The same is hereby rezoned from Agriculture (AG) to Residential Estate (RE).
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 1213
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 DOPTED this 19th day of September, 2023
Alvin Frugal Vice M or
AttestOF O�
rSS �,'- rtrref(', L�pu.�yC�{�iGf, o
OFFICIAL p
(SEAL) �
OKLANO0P
APPROV AS TO FORM:
�A^ a
Julie Lo bar di, City Attorney
Ordinance 1213
Page 2 of 3
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Aerial Photo Date: 2023
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Tract OZ 23 -06
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TO:
FROM:
SUBJECT:
DATE:
The Honorable Mayor and City Council
Wendy Kramer, City Planner
Ordinance 1213, Rezoning OZ 23 -06- Winkley Homes
September 15, 2023
BACKGROUND:
APPROVED BY COUNCIL
SEP 19 2023
The Community Development Department received a request for the rezoning of property
located west of the North Mingo Road and East 102nd Street North intersection.
SUBJECT PROPERTY /PROJECT DATA:
Property Size
2.22 acres +/-
Current Zoning
Agriculture AG
Proposed Zoning
Residential Estate RE
Present Use
Vacant
Land Use Master Plan
Residential
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 Residential Estate (RE), in order to
accommodate future construction of single - family residences.
• The GrOwasso 2035 Land Use Master Plan identifies the subject property for future
residential uses.
o Considering the above, assigning the subject property a zoning designation of RE
would be in accordance with the vision of the GrOwasso 2035 Land Use Master
Plan for the subject property.
• Per the Owasso Zoning Code, the minimum lot width required for RE -zoned properties is
one hundred and fifty feet (150') and the subject property is approximately two hundred
and ninety -six feet (296') wide and therefore this property conforms to the bulk and area
standards in the Owasso Zoning Code.
• 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.
Page 2
OZ 23 -06
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
Agriculture (AG)
Vacant
Residential
City of Owasso
South
Agriculture (AG)
Vacant
Residential
City of Owasso
East
Residential Single-
Family RS -3
Residential
Residential
City of Owasso
West
Agriculture (AG)
Vacant /Railroad
Residential
Tulsa County
PLANNING COMMISSION:
The Owasso Planning Commission voted 3 -0 to recommend approval of this item at their regular
meeting on September 11, 2023.
RECOMMENDATION:
In developing a recommendation, staff evaluated Oklahoma State Statute, Title 11, Chapter 1,
Part 1, Article XXI, Section 21 -101. Following this evaluation, staff concluded that the subject
rezoning request meets all of the legal requirements for approval.
Staff recommends adoption of Ordinance 1213, approving rezoning request OZ 23 -06, rezoning
the subject property from Agriculture (AG) to Residential Estate (RE).
ATTACHMENTS:
Ordinance 1213
Zoning Map
GrOwasso 2035 Land Use Master Plan Map
Rezoning Survey Exhibit
A 41
N:1S5O
RTER
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 2 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:
Sep. 27, 2023
Notice ID: 06MjsfRztZ5V5n7QpTvi
Publisher ID: 46178
Notice Name: ORDINANCE 1213
PUBLICATION FEE: $67.01
I state under penalty of perjury under the laws of Oklahoma that the foregoing is
true and correctt.p.'' �
Agent
d paylitp�y /G RACHAEL MARY SCHUI
\ /
e4 % Notary Public - State of Fl
g / /m}�71t \j '. �
VERIFICATION
j
9: ri�Mk�,Q\ Commission # HH135673
f P Expires on May 2], 2025
State of Florida
/' /'e�rmnl�it�1 "O��\\
County of Charlotte
Signed or attested before me on this: 09/27/2023
Notary, Pul�lic c
Notarized online using audio -video communication
See Proof on Next Page
ORDINANCE 1213 - Page 1 of 2
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
September 27, 2023
CITY OF OWASSO. OKLAHOMA
ORDINANCE 1213
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 23 -06
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
have been held regarding the request for rezon-
located west of the North Mingo Road and East
has considered the recommendation
and all statements for or against the
Application OZ 23 -06.
BY THE COUNCIL OF THE CITY OF
Atmct of land described as generally located west of the North Mingo Road
and East 102 nut Street North Intersection in Owasso, Oklahoma; Said It
more pparticularly9 described as follows:
COh1MENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST
QUARTER S88'30'1 0'W FOR 50 FEET TO A POINT ON THE WEST
RIGHT -OF -WAY OF NORTH 97TH EAST AVENUE ALSO KNOWN AS
MINGO ROAD; THENCE SO'57'37'E ALONG SAID RIGHT -OF -WAY
FOR 147.77 FEET TO SOUTHEAST CORNER LOT 3. THENCE
N60'36'52' W FOR 473.19 FEET TO A POINT ON THE EAST
RIGHT -OF -WAY OF ATaSF RAILROAD; THENCE N 14'16' 13'E ALONG
SAID RIGHTOF -WAY FOR 160.85 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RAILROAD
RIGHT -WAY N14'16'13'E FOR 307.25 FEET; THENCE N89`02'52'E
FOR 285.46 FEET TO A POINT ON SAID STREET RIGHT -OF -WAY;
THENCE SO'57'07'E ALONG SAID RIGHT-OF-WAY FOR 296.45 FEET;
THENCE S89'02'38'W FOR 366.14 FEET TO THE POINT OF
BEGINNING
The same is hereby rezoned from Agriculture (AG) to Residential Estate
parts of ordinances, in conflict with this ordinance are
the extent of the conflict only.
of this ordinance are deemed unconstitutional, invalid or
raining portion shall not be affected but shall remain In
s of this ordinance shall become effective thirty (30) days
of final passage as provided by state law.
There shall be filed in the office of the County Clerk of Tulsa County, Oklaho-
ma, a true and correct copy of this Ordinance and correct map.
PASSED AND ADOPTED this 19th day of September, 2023 /s /Alvin Fruga,
Vice Mayor
Attest: /s/ Juliann M. Stevens, City Clerk
APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney
LPXLP
ORDINANCE 1213 - Page 2 of 2