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HomeMy WebLinkAbout279_OZ 51_Zoning_Amended 279 1980.09.02 OKLAHOMA 279 CITY OF OWASSO CORRECTED ORDINANCE NO CITY OF OWASSO, OKLAHOMA CORRECTED ORDINANCE NO.279 AN ORDINANCE AMENDING ORDINANCE NO. 175, APPROVING ZONING APPLICATION NO. OZ-51 CHANGING THE ZONING OF A PORTION OF THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN IN TULSA COUNTY, OKLAHOMA, FROM AG AGRICULTURE TO RM2 RESIDENTIAL MULTIFAMILY, RS3 RESIDENTIAL SINGLE FAMILY, OL OFFICE LGIHT AND CS COMMERCIAL SHOPPING, AND REPEALING ALL ORDINANCES OR PART OF ORDINANCE IN CONFLICT THEREWITH. WHEREAS, public hearings have been held regarding the re- quested rezoning for the property herein described, and WHEREAS, the Owasso City Council has considered the recom- mendation of the Owasso Planning Commission and all statements for against the requested rezoning of OZ-5l ORDAINED BY THE CITY COUNCIL OF THE , THEREFORE, BE IT OWASSO, OKLAHOMA: SECTION 1 That the zoning classification of the follow- ing described property, to-wit: Beginning at the Southeast corner of Section 29, Town- ship 21 North, Range 14 East, thence North 202.00' to point of beginning; thence West 540.00'; thence North 605.25' thence East 540.00'; thence South 605.25' to point of beginning, containing 7.50 acres AG Agriculture Dis- Multifamily District be and the same is hereby rezoned from an trict classification to a ill12 Residential assification SECTION 2 That the zoning classification of the follow- ing described property, to-wit: Beginning at the Southeast corner of Section 29, Town- ship 21 North, Range 14 East, thence West 540.00' ; thence North 202.00' to point of beginning; thence West 266.69'; thence North 605.251; thence East 266.69 thence South 605.25' to point of beginning, contain- ing 3.71 acres, be and same is hereby rezoned from an AG Agriculture Dis- ct classification to a RS3 Residential Single Family District assi cation That the zoning classification of the follow- property, t: SECTION 3 des cribed Begillnning at the Southeast corner of Section 29, Town- ship 21 North, Range 14 East; thence West 540.00' to point of beginning; thence West 266.69'; thence North 202.00'; thence East 266.69'; thence South 202.00' to point of beginning, containing 1.24 acres, ing be and same is hereby rezoned from an AG Agriculture Dis- trict classification to an OL Office Light District classifica- tion Corrected Ordinance No 279 Page Two - SECTION 4 That the zoning classification of the follow- ing described property, to-wit: Beginning at the Southeast corner of Section 29, Town- ship 21 North, Range 14 East, thence West 540.001; thence North 202.00! ; thence East 540.00' ; thence South 202.001 to point of beginning, containing 2,50 acres, be and the same is hereby rezoned from an AG Agriculture Dis- ct classification to a CS Commercial Shopping District class- ificat SECTION 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, expressly re- pealed. PASSED AND APPROVED this da y 0 f 19 ATTEST, APPROVED Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss Bill R. Retherford, of lawful age, being duly sworn nd authorized, says that he is publisher of the a weekly newspaper printed in the of Tulsa County, Oklahoma, a newspa per qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 as amended, and complies with all other requirements of t he laws of Oklahoma with reference to legal public- ations. That said notice, a true copy of which is attached hereto, was published in the regular edition of said news- paper during the period and time of publication and not It1 a supplement. on the following da tes Subscribed and sworn to before me this da of Notary Public My commission expires:. .-. c.::;'--'/ PUBLISHER'S FEE $ 207 SOUTH CEDAR PHONE 272 -2251 September 9, 1980 Owasso City of Ms. Anita Nesbitt Tulsa County Clerk Tulsa County Administration Building 500 South Denver Tulsa, Oklahoma 74103 OWASSO, OKLAHOMA 74055 Dear Ms. Nesbitt: Enclosed please find our origins Corrected Ordinance No. 279 to be recorded by your office and returner 0vs. Thank you. Sincerely, CITY OF OWASSO (Ms.) Wauhilleau Webb City Clerk WW enclosure ��Ik Owasso City Council September 2, 1980 Page Two Nays - None Motion carried. ITEM 6 - APPROVE CORR NO. 279. TO READ EAST OF ORDINANCE Motion was made by Robbie Fickle, seconded by Boyd Spencer, to approve correc- tion of typographical error in Section 1 of Ordinance No. 279, to read the East 540.00 feet, rather than East 202.00 feet, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Mrs. Fickle Nays - None Motion carried. ITEM 7 - PRESENTATION OF RECREATION AND OPEN SPACE REPORT BY THE CORPS OF EN- GINEERS. Mr. Tom Hendricks, Manager of the Tulsa Urban Study for the Corps of Engineers reminded Council that when he spoke with them and the Planning Commission ap- proximately a year ago they were told four things as a result of the Corps' study: 1) there were not any flood problems in Owasso serious enough to war- rant building a federal project; 2) there are water supply problems both on a local and regional scale that could develop in the future; 3) we have recrea- tional shortages that could be met by using flood plain land; 4) could develop some plans at Owasso's request. The City did request by letter that they do develop flood plain maps under full urbanization conditions. According to the 1980 census Owasso has a population of approximately 6,000 peo- ple. He has learned that we have about 450 soccer players, 400 little league baseball players, 150 little league football players and 250 softball players. The national average of people that participate in unorganized sports show that 4,000 more are involved in jogging or walking, 3800 swimmers, 2800 are riding bicycles, 1900 are tennis players, 900 are golfers and 800 are horseback riders, which totals around 15,000 people. He said these figures tell us that about every person in Owasso is participating in at least two difference forms of recreation. It is estimated that about 10 acres of land per thousand people are needed to provide these activities, plus 8 acres per thousand people for open space, which means 85 acres of recreational land is needed in Owasso based on our cen- sus. We presently have 55 acres which means we have a shortage of 30 acres and if we project our population to the year 2000 we will need an additional 500 acres of land to meet our future growth plans. There are 1500 acres of flood plain land in the Owasso area which is more land than we need to meet desired acreages and extends into every part of the City. By using flood plain land WHEREAS, public hearings have been held regarding the re- quested rezoning for the.,property herein described, and WHEREAS, the Owasso City Council has considered the recom- mendation of the Owasso Planning Commission and all statements for and against the requested rezoning of OZ -51, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. That the zoning 'classification of the follow- ing described property, to -wit: Beginning at the Southeast..corner of Section 29, Town- ship 21 North, Range 14 East, thence north 202.00' to point of beginning; thence west 540.00'; thence north 605.25' thence east 2.02,00'; ''thence south 605.25' to point of beginning, containing.,7.50 acres, 1 be and the same is hereby rezoned from an'AG Agriculture Dis- trict classification to a RM2 Residential Multifamily District classification. SECTION 2. That the zoning classificat 9n of the follow- ing described property, to -wit: Beginning at the Southeast corner of �ection 29, Town- ship 21 North, Range 14 East, thence west 540.001; thence north 202.00' to point of beginning; thence west 266.69'; thence north 605.25'; thence east 266.69'; thence south 605.25' to point of beginning, contain- ing 3.71 acres, 11k be and the same is hereby rezoned from an AG Agriculture Dis- trict classification to a RS3 Residential Single Family District classification. SECTION 3. That the zoning classification of the follow- ing described property, to -wit: Beginning at the Southeast corner of Section 29 ", Town- ship 21 North, Range 14 East; thence west 540.00..' to point of beginning; thence west 266.69'; thence north 202.00'; thence east 266.69'; thence south 202.00" to point of beginning, containing 1.24 acres, be and the same is hereby rezoned from an AG Agriculture Dis- trict classification to an OL Office Light District classifica- tion. p� 83514® CITY OF OWASSO, OKLAHOMA cnC\ ORDINANCE NO. GO i -74 AN ORDINANCE AMENDING ORDINANCE NO. 175, APPROVING ZONING APPLICATION NO. OZ -51 CHANGING THE ZONING OF A PORTION OF THE SOUTHEAST CORNER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND`14ERIDIAN IN TULSA COUNTY, OKLAHOMA, FROM AG AGRICULTURE TO RM2'RiESIDENTIAL MULTIFAMILY, RS3 RE- SIDENTIAL SINGLE FAMILY, OL OFFICE LIGHT AND CS COMMERCIAL SHOPPING, AND REPEALING ALL ORDINANCES OR PARTS OF'ORDINANCE IN CONFLICT THEREWITH. WHEREAS, public hearings have been held regarding the re- quested rezoning for the.,property herein described, and WHEREAS, the Owasso City Council has considered the recom- mendation of the Owasso Planning Commission and all statements for and against the requested rezoning of OZ -51, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION 1. That the zoning 'classification of the follow- ing described property, to -wit: Beginning at the Southeast..corner of Section 29, Town- ship 21 North, Range 14 East, thence north 202.00' to point of beginning; thence west 540.00'; thence north 605.25' thence east 2.02,00'; ''thence south 605.25' to point of beginning, containing.,7.50 acres, 1 be and the same is hereby rezoned from an'AG Agriculture Dis- trict classification to a RM2 Residential Multifamily District classification. SECTION 2. That the zoning classificat 9n of the follow- ing described property, to -wit: Beginning at the Southeast corner of �ection 29, Town- ship 21 North, Range 14 East, thence west 540.001; thence north 202.00' to point of beginning; thence west 266.69'; thence north 605.25'; thence east 266.69'; thence south 605.25' to point of beginning, contain- ing 3.71 acres, 11k be and the same is hereby rezoned from an AG Agriculture Dis- trict classification to a RS3 Residential Single Family District classification. SECTION 3. That the zoning classification of the follow- ing described property, to -wit: Beginning at the Southeast corner of Section 29 ", Town- ship 21 North, Range 14 East; thence west 540.00..' to point of beginning; thence west 266.69'; thence north 202.00'; thence east 266.69'; thence south 202.00" to point of beginning, containing 1.24 acres, be and the same is hereby rezoned from an AG Agriculture Dis- trict classification to an OL Office Light District classifica- tion. r: ,04448 PAGE 1577 Ordinance No, WV\ Page Two SECTION 4. That the zoning classification of the follow- ing descri ed property, to -wit: Beginning at the Southeast corner of Section 29, Town- ship 21 North, Range 14 East; thence west 540.001; thence north 202.00'; thence east 540.00'; thence south 202.00' to point of beginning, containing 2.50 acres, be and the saf�e is hereby rezoned from an AG Agriculture Dis- trict classification to a CS Commercial Shopping District class- ification. SECTION 5. T�iat all ordinances or parts of ordinances in conflict herewith b-e, and the same are hereby, expressly re- pealed. PASSED AND APPROVED this 1979. `- q .1 p� J APPRf111AT). - -: . \' day of tl MAYO t t Z- °m r t --i C7 r' i n m .+ rim i n p !TI L 4 n 51��1 t F' r� S �lgY[S ✓�`f� R h � r l r.i .tA S d U 207 SOUTH CEDAR PHONE 272.2251 DATE: AUGUST 28, 1980 TO: MAYOR SPENCER AND OWASSO CITY COUNCIL MEMBERS FROM: KENNETH THOMPSON, CITY MANAGER 61 RE: AGENDA ITEMS FOR MEETING OF SEPTEMBER 2, 1980 CORRECTION OF TYPOGRAPHICAL ERROR IN ORDINANCE #279 OWASSO, OKLAHOMA 74055 Ordinance X1279, which rezoned property on the northwest corner of 76th Street North and 129th East Avenue has a typographical error in the legal description of the property. The City Attorney has requested the Council to approve correction of the property description error. KT:mjm 1. I draw your att abstract wherein appear Owasso, State of Ok aho which directly affects, error in the legal dose ,'-`gages 127 and 128 of the co No, 279 of the City of Ordinance is a zoning change efnad property. There is an vatained within Section One f the which has the effect oP a�va�t galsdescriptionoshould North 403.25 feet zoned alit..;: �, read as follows: y 4 Beginning at the SouthDAIC Corner of the Section 290 Township 21 North. Ranges 14 £atst ;thence North 202 feet to the point -Of b�trftseaxag; thence West 540 feet; thence North b05. ?5.fet+�t hence East 540 feet- thence South 605.25 feet CO point o' &inning, containing 7.50 acres. Section Four of this Qtdis a`�£OCasvcs. zones Once the North 202 filet of the captioned :pr tY o 605.25 feet is properly orsad Ma- you may, consider grant - ing the loan on the captlow-W property. 2. Several Certigieatog of O.ion- Development have been 1976 and issued, the latest o£ 2,%. Unship21ANorth26Range 14 East. covers all of Section 2D 7oacpwnt The Certificate of ftn -i$*Sr 6ot'reco has the effect of nullifying several oil and gas laa4idg o£:: °cord which have to date remained unreleased. 3. At page 43 of:tho AbftracC appears an easement in favor of the Grand River -OM Authority. The East 100 feet of the captioned,propgrty ia.aifacted thereby. 4. The captioned rty has been annexed to the City of Owasso (see page 11S of Cha abstract). 5. The'Ouasso Yublie:p�tks "Authority holds an easement over the East.50 fcet,of tha captioned property (see page 121 of the abstraetj. 6. I find thsta &,'30 year record root of title exists and that the titlo to :tbo captioned property is merchantable in the hands of the rocord owner LAW OFFICES VANDALL & DELAFLEUR COUNSELORS AT LAW P. O. BOX 331 OWASSO. OKLAHOMA 74055 1.918. 272.1165 W. W. VANDALL C. F. DELAFLEUR First Bank of Owasso Owasso Oklahoma 74055 August 19, 1980 PRELIMINARY LOAN OPINION A tract of land lying in the Southeast Quarter of the Southeast Quarter (SE4 SE4) of Section Twenty -nine (29), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base & Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, more particularly described as follows, to-wit: Beginning at the Southeast corner of the Southeast " Quarter of the Southeast Quarter (SE4 SE4), thence West 540 feet; thence North 807.25 feet; thence East 540 feet; thence South 807.25 feet to the point of beginning. Gentlemen: Pursuant to your request, I have carefully examined abstract of title covering the captioned property from U. S. Government Patent to Aug 19 80 , at 5: o'clock P M., the last certificate being num er -37294 rendered by Smith Bros. Abstract & Title Company, Inc. Based solely upon my examination of the said abstract and subject to the comments and requirements which follow, I am of the opinion that fee simple title in and to the captioned pro pert as of the date of said certificate is ?act -Pt in- ELM CREEK INC. TAX REPORT Ad valorem (real property) taxes for the year 19 79 are: Paid Rights of parties in pOSSe64ion,11 ot disclosed by the abstract, are excepted from the ;`findings of this opinion. You are advised that you are charged with notice oftheo fights of any person who is in actual possession of any part examined lands. You should require:', proof that the examined lands are in the exclusive possession of the record owners, or that any other person in possession fully recognizes the title of such owners and claims no possessory right adverse to the interest upon which your:, loan is based. You may wish the borrower 'to furnish you with a survwhether of the captioned property in order;, that you may or not there are any encroachments thereon. Such survey will also allow You to determine that all improvements placed on the captioned property are correctly situated within building, setback, and easement lines. You should satisfy yourself that there has been no labor performed or materials furnished within the last four months :which might lead to the imposition of a mechanic's or material - man's lien upon the captioned property. This .opinion is subject to any instrument of record subsequent to the date and hour of the last abstracter's certificate. The abstract is returned herewith. Respectfully su mi ted 1d. w. vanDall tdtdv /ms 1 OWASSO PLANNING COMMISSION ZONING CASE REPORT APPLICATION #OZ -51 APPLICANT: D M Sokolocky REQUEST: AG. = uC -*i gm -9, rS & OL Size of Tract: 14.95 acres Existing Use: Vacant Staff Field Check: 10 -30 -79 Proposed Use: Residential, Commercial and Office ADJACENT STREETS- Existing: R/W Width Exist R/W on St. Plan Paving Width Surfacing 76th Street N. 100' Approx. 26' Asphalt mix EXISTING CONDITIONS: , Surrounding land use consists of large lot single family development to the east and southeast; with vacant land to the north and west. To the south is the Oklahoma Baptist Children's Home development. ZONING BACKGROUND: OZ -11 D.M. Sokolsky (Aug., 1973) - Request to rezone 397 acres from AG to RS -1 and CG. Planning Commission recommended approval with modifications, Council approved with recommended modifications. OZ -10 Oklahoma Baptist Acres (Aug.; 1973) - Request to rezone 81 acres from AG to RS -1. Planning Commission recommended approval. Council approved request. � P RM -2 - Residential Multifamil Beginning at the SE corner of Section 29, T -21 -N, R -14 -E; thence north 202.00' to point of beginning; thence west 540.00'; thence north 605.25' thence east 202.001; thence south 605.25' to point of beginning, containing 7.50 acres. RS -3 - Residential Single Family Beginning at the SE corner of Section 29, T -21 -N, R -14 -E; thence west 540.00'; thence north 202.00' to point of beginning; thence west 266.69'; thence north 605.25'; thence east 266.69'; thence south 605.25' to point of beginning, containing 3.71 acres. OL - Office Light Beginning at the SE corner of Section 29, T- 21 -:7, n-14 -E; thence west 540.00' to point of beginning; thence west 266.69'; Cience north 202.00'; thence east 266.69'; thence south 202.00' t3 point of beginning, containing 1.24 acres. CS - Commercial Shopping Beginning at the SE corner of Section 29, T -21 -N, R -14 -E; thence west 540.00'; thence north 202.00'; thence east 540.00'; Cience south 202.00' to point of beginning, containing 2.50 acres. l�G i r— r, i _ 1 I ID A 5 a — 2 S 4.6 A c 4.e A � I A L 2518 A i' �r•.f a - 20 A i j0 A 10 A 1 !'put J. 1 4.e A � I A L 2518 A i' 20 A i 4.8 A 1 _- �-.-�/ - -- --- 4 8 A` I .. A 4.6 P AG to A 5 A `. I i �j I� 'I ij yjI {'1 j I I 59.2 A OZ-51 I i 6.4 A 9.7 A � 44 A ( j AG j I 3.3 A — 33 A BO 3 A RS -! 3.3 A -- - -- - - -- =.SaR- S A S G A 4.9 A A� j :4.za i a 125.2 A• � I A L i' 20 A i 1 _- �-.-�/ - -- --- i- . -7tP 6.4 A 9.7 A � 44 A ( j AG j I 3.3 A — 33 A BO 3 A RS -! 3.3 A -- - -- - - -- =.SaR- S A S G A 4.9 A A� j :4.za i a 125.2 A• MEMBERS PRESENT C. Carr M. Hinkle E. Stevens J. Simmons OWASSO PLANNING COMMISSION MINUTES Thursday, November 15, 1979, 7:30 p.m. Owasso City Hall MEMBERS ABSENT L. George 1. Chairman Carr called the meeting to order at 7:30 p.m., 2, and declared a quorum present. STAFF PRESENT J. Gorzeman 3. E. Stevens made a motion to approve the Minutes of the October 18, 1979 meeting. J. Simmons seconded the motion. Motion passed 3 -0. (M. Hinkle entered the meeting). .. ... .... ... .... .. ZONING'PUBLIC HEARING 1. OZ =50 Public Service Company Staff presented case history for the parcel and noted that Leon Stein, attorney and Murrel Lee, engineer for PSO were present to answer any questions. M. Hinkle asked the applicant what type of structures were proposed for the area. Leon Stein noted that a permanent structure is proposed to be used as a district office and warehouse storage. Estimated construction cost is $250,000. Chairman asked for staff recommendation which was as follows: The proposed rezoning is in conformance with the Owasso Comprehensive Plan and is compatible with surrounding land uses. Staff recommends approval. E. Stevens made a motion to approve the request. J. Simmons seconded the motion. For: C. Carr, M. Hinkle, J. Simmons and E. Stevens.' Against: None. Motion passed: 4 -0. 2. 'OZ-51 : M. Sokolosky Staff presented case history and surrounding conditions as follows: In 1973, CG zoning was sought for the total 15 acres of subject tract. Staff recommended denial based on existing single - family homes to the east and southeast, and the proposed Oklahoma Baptist Acres develop- ment to the south. The Comprehensive Plan in effect at that time did not address this area of development. The Planning Commission recommended denial and Council denied the rezoning at that tire. The existing Comprehensive Plan allows for five acres of medium intensity development per corner, at the intersection of 76th Street North and 129th East Avenue with a general configuration of 467' x 467'. CS and RM -2 are considered medium intensity development; OL is less than medium intensity. Although the configuration of the requested CS parcel with a frontage of 540' and a width of 202' lies outside the desirable dimensions of 467' x 467', staff can support the CS parcel, since the overall acreage of the parcel is within development intensity guidelines. Staff also supports the requested OL rezoning due to the parcel providing a transition between land uses, and being within the development in- tensity guidelines. In supporting the CS and OL tracts, this would leave 1.88 acres of allowable medium intensity development. The requested PM-2 parcel of 7.5 acres far exceeds the allowable development intensity for this intersection corner. Based on this fact and the surrounding land uses staff recommends modifying the requested RM -2 tract to RS -3. In summary, staff supports the requested OL, CS and RS -3 parcels; but recommends modifying the RM -2 parcel to RS -3. Chairman asked if there was anyone present to speak in favor of the re- zoning. D. M. Sokolosky spoke in favor of the application and noted that of the 400 + acres comprising Elm Creek Addition, there is no multi - family housing. D. M. Sokolosky emphasized that he intended to have Wiley Construction, Inc. build quality apartments on the 7.5 acres and that he will reapply for the remaining 3.71 acres to the west for multi - family zoning if the builder desires additional land. There was no one present to oppose the rezoning. Staff noted that the RM -2 location is a good location and acts as a transitional buffer between commercial and lower density residential land uses. However, the Comprehensive Plan limits medium intensity development at this corner, to five acres. If the Planning Commission sees the desir- ability of providing multi - family housing at this location, then the Comprehensive Plan should also be amended to reflect this change. General discussion followed. J. Simmons made a motion to approve the rezoning as requested. M. Hinkle seconded the motion. For: C. Carr, M. Hinkle, J. Simmons and E. Stevens. Against: None. Motion passed: 4 -0. 3. Z -5340 TMAPC Referral Staff presented case history and noted that the applicant and his attorney were presented to answer any questions.