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HomeMy WebLinkAbout1245_OZ 26-01_NE C of E 86 and N 145_RM to CSDoe N 2026-002742 4 Noce s 0 03/03/2026 09:48:52 AM Total Pg(s): 4 Fee: $ 24.00 i4 q Jeanne M. Heidlage, Rogers County Clerk Rogers County -State of Oklahoma°ktaxo CITY OF OWASSO, OKLAHOMA ORDINANCE 1245 "THIS PAGE HAS BEEN ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING" DO NOT REMOVE THIS PAGE THIS IS PART OF YOUR RECORDED DOCUMENT CITY OF OWASSO, OKLAHOMA ORDINANCE 1245 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 26-01 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 approximately north of the northeast corner of East 86th Street North and North 145th East Avenue: 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 26-01. 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 being approximately north of the northeast corner of East 86th Street North and North 1451h East Avenue, said tract more particularly described as follows: A 1.136 ACRE PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION TWENTY-TWO (22) OF TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE MERIDIAN (I.B.M.), ROGER COUNTY, OKLAHOMA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW/4 OF SEC. 22, T-21-N, R-14-E, I.B.M.; THENCE NORTH 01 DEGREES 22 MINUTES 56 SECONDS WEST ALONG THE WEST LINE OF SAID SW 1/4, A DISTANCE OF 295.45 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.00 FEET TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF NORTH 145TH EAST AVENUE, SAID INTERSECTION BEING THE NORTHWEST CORNER OF LOT 1 BLOCK 1, KUM & GO #876, ACCORDING TO THE RECORDED PLAT THEREOF, AND THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 22 MINUTES 56 SECONDS WEST COINCIDENT WITH SAID EAST RIGHT-OF-WAY, A DISTANCE OF 177.50 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 00 SECONDS EAST, A DISTANCE OF 278.84 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 56 SECONDS EAST, A DISTANCE OF 177.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 BLOCK 1; THENCE SOUTH 88 DEGREES 37 MINUTES 00 SECONDS WEST, COINCIDENT WITH THE NORTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 278.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 49,494 SQUARE FEET OR 1.136 ACRES OF LAND. The some is hereby rezoned from Residential Multi -Family (RM) to Commercial Shopping (CS) under Owasso Planned Unit Development (OPUD) 15A. SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1245 Page 1 of 2 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 Rogers County, Oklahoma, a true and correct copy of this Ordinance and a correct map. PASSED AND G�•(Y �Vvirb ATTEST. F Jul nn M. Stevens, City Clerk OFri'MAL O )SEAL) tiZAL APP VE ,T ' �AHO10, Julie mbardi, City Attorney'Yz . PTED this 171h day of February, 2026, Mayor Ordinance 1245 Page 2 of 2 1H SffiN' '` a, .fit•A JW r� - E87,TiHCTN i V r � E 86TH CH7 1 rmR t � E9bTH�TN , i.:n•31 r w-. gV�E�SY4rTlI PL - " 2 E 84iTH SiT N I F. - (,j' g• APPROVED BY Sd OWASSO CITY COUNCIL TO: The Honorable Mayor and City Council FEB 11 2020 FROM: Wendy Kramer, City Planner SUBJECT: Ordinance 1245 - Rezoning (OZ 26-01) — North of the Northeast Corner of East 86th Street North and North 1451h East Avenue DATE: February 12, 2026 BACKGROUND: The Community Development Department received a request for the rezoning of property located north of the northeast corner of East 86th Street North and North 1451h East Avenue. The subject property is approximately 1.136 acres and is currently zoned Residential Multi -Family (RM) under OPUD- 15A. The applicant is requesting a rezoning to Commercial Shopping (CS) under OPUD 15A. SUBJECT PROPERTY/PROJECT DATA: Property Size 1.136 acres +/- Current Zoning Residential Multi -Family RM Proposed Zoning Commercial Shopping CS Land Use Master Plan Commercial Within a Planned Unit Development PUD ? Yes; OPUD-15A Within an Overlay District? No Water Provider Ro ers Coun Rural Water District #3 Applicable Paybacks/Fees (Assessed at Platting) Storm Siren Fee ($50.00 per acre) Elm Creek Interceptor Sewer Payback Area 1,580.00 er acre ANALYSIS: • The applicant is requesting rezoning to allow future commercial development on the property. • The subject property was annexed into Owasso City Limits in 1998 (Ordinance 582). • The GrOwasso 2035 Land Use Master Plan designates the property for future Commercial uses; o As such, assigning a zoning of CS to the subject property is consistent with the long- range vision for the property laid out in the Master Plan. • The subject lot as depicted in the requested rezoning meets the bulk and area requirements stipulated in the Owasso Zoning Code and the OPUD-15A document for CS zoned property. o The OPUD 15A document will continue to govern the property if the rezoning is approved, and all development must comply with its provisions. • The property is currently unplatted and must be platted prior to the issuance of any building permits on the property. • The City of Owasso will provide police, fire, ambulance, and sanitary sewer services to the property; water service will be provided by Rogers County Rural Water District #3. • Any development on the subject property must comply with all applicable development, zoning, and engineering requirements of the City of Owasso. OZ 26-01 Page 2 SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Multi -Family Vacant Commercial City of Owasso South Commercial Shopping Gas Station/ Commercial City of Owasso (CS) Convenience Store East Residential Multi -Family Vacant Commercial City of Owasso Commercial Shopping General Retail/ Carry -out Commercial/ West (CS)/Residential Single- Food Establishment/ Residential City of Owasso Family RS-2 Residential Neighborhood I PLANNING COMMISSION: The Owasso Planning Commission voted 5-0 to recommend approval of this item at their regularly scheduled meeting on February 9, 2026. RECOMMENDATION: In developing a recommendation, staff evaluated Oklahoma State Statute, Title 11, Chapter 1, Part 1, Article XLIII and Chapters 6 and 15 of the Owasso Zoning Code. Following this evaluation, staff concluded that the subject rezoning requests meet all of the legal requirements for approval. As such, staff recommends adoption of Ordinance 1245, rezoning the subject property from Residential Multi -Family (RM) to Commercial Shopping (CS) under OPUD 15A. ATTACHMENTS: Ordinance 1245 Zoning Map GrOwasso 2035 Land Use Master Plan Map Survey Exhibit TULSAWOR,D AFFIDAVIT OF PUBLICATION Tulsa World 315 S. Boulder Ave., Tulsa, OK 74103 (918) 582-0921 I, Anjana Bhadoriya, 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 Tulsa World, a publication that is a "legal newspaper" as that phrase is defined for the city of Tulsa, 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: • Feb 24, 2026 Notice ID: sDiTBF8uJTwekS5sBL3A Notice Name: Ordinance 1245 OZ 26 01 Publication Fee: $132.44 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. ANja„a &Adorya Agent VERIFICATION State of Florida County of Orange Signed or attested before me on this: 02/24/2026 Notary Public Notarized remotely online using communication technology via Proof. See Proof on Next Page PAMELA BAEZ Notary Public - State of Florida Commission # HH 732409 Expires on October 19, 2029 Ordinance 1245 OZ 26 01 1 Page 1 of 2 Published in the Tulsa World, Tulsa, Tulsa County, Oklahoma, February 24, 2026 CITY OF OWASSO, OKLAHOMA - ORDINANCE 1245 - AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 26-01 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 be- ing approximately north of the northeast corner of East 86 th Street North and North 145 th East Avenue; and WHEREAS, the Owasso City Council has considered the recommenda- tion of the Owasso Planning Commission and all statements for or against the rezoning of the property referenced in Appli- cation OZ 26-01. 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 be- ing approximately north of the northeast corner of East 86 th Street North and North 145 th East Avenue , said tract more particularly described as follows: A 1.136 ACRE PARCEL OF LAND SITUATED INTHE SOUTHWEST QUARTER (SW/4) OF SECTION TWENTY-TWO (22) OF TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDI- AN BASE MERIDIAN (I.B.M.), ROGER COUNTY, OKLAHOMA AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE SW/4 OF SEC. 22, T-21-N, R-14-E, I.B.M.; THENCE NORTH 01 DEGREES 22 MINUTES 56 SECONDS WEST ALONG THE WEST LINE OF SAID SW 1/4, A DIS- TANCE OF 295.45 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 00 SECONDS EAST, A DISTANCE OF 60.0D FEET TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF NORTH 145TH EAST AVENUE, SAID INTERSEC- TION BEING THE NORTHWEST CORNER OF LOT 1 BLOCK 1, KUM & GO #876, ACCORDING TO THE RECORDED PLAT THEREOF, AND THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 22 MINUTES 56 SECONDS WEST CO- INCIDENT WITH SAID EAST RIGHT-OF-WAY, A DISTANCE OF 177.50 FEET; THENCE NORTH 88 DEGREES 37 MIN- UTES 00 SECONDS EAST, A DISTANCE OF 278.84 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 56 SECONDS EAST, A DISTANCE OF 177.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 1 BLOCK 1; THENCE SOUTH 88 DEGREES 37 MINUTES 00 SECONDS WEST, COINCIDENT WITH THE NORTH LINE OF SAID LOT 1, BLOCK 1, A DIS- TANCE OF 278.84 FEETTO THE POINT OF BEGINNING AND CONTAINING 49,494 SQUARE FEET OR 1.136 ACRES OF LAND. The same is hereby rezoned from Residential Multi -Fam- ily (RM) to Commercial Shopping (CS) under Owasso Planned Unit Development (OPUD) 15A. SECTION 2. A II ordinances or parts of ordinances, in conflict with this ordinance are hereby re- pealed 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. SECTIO)±E 5.. There shall be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this Ordinance and a correct map. PASSED AND ADOPTED this 17th day of February, 2026. Is/ Alvin Fruga, Mayor ATTEST: Is/ Juliann M. Stevens, City Clerk COL-TUL-105479 Ordinance 1245 OZ 26 01 1 Page 2 of 2