HomeMy WebLinkAbout610_OZ 99-03_0.18 Acres_Lot 7 Block 1 Nichols Heights Addition_RS-3 to CGTULSA COUNTY CLERK - JOAN HASTINGS RCPT 362333 06116199 14:00:13
DOC # 99072123 FEE 8.00 PGS 1 8/P 623010510 -0510
CITY OF OWASSO
ORDINANCE NO. 610
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -99 -03
CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHEAST QUARTER
OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE
AND MERIDIAN, TULSA COUNTY, OKLAHOMA, FROM RS -3 (RESIDENTIAL
SINGLE - FAMILY HIGH - DENSITY DISTRICT) TO CG (GENERAL COMMERCIAL
DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, public hearings have been held regarding the request for rezoning of the
property herein described, and,
WHEREAS, the Owasso City Council has considered the recommendation of the
Owasso Planning Commission and all statements for and against the requested rezoning of
application OZ- 99 -03.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT
Section 1. The zoning classification of the following described property, to wit:
LOT 7, BLOCK 1, NICHOLS HEIGHTS, AN ADDITION TO OWASSO, TULSA
COUNTY, OKLAHOMA,
be, and the same is hereby rezoned from RS -3 (Residential Single- Family High Density)
District to CG (General Commercial) District.
Section 2. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby expressly repealed.
PASSED AND APPROVED this 4th day of May, 1999.
City of Owasso, Oklahoma
Mayor
AS TO FORM:
D. Cates, City Attorney
Affidavit of Publication
OWASSO REPORTER
STATE OF OKLAHOMA, TULSA COUNTY, ss:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
Owasso Reporter, a weekly newspaper published in
the City of Owasso, Tulsa County, Oklahoma, a news-
paper qualified to publish legal notices, advertise -
ments and publications as provided in Section 106 Of
Title 25, Oklahoma Statutes 1971 and 1986 as
amended, and thereafter, and complies with all other
requirements of the laws of Oklahoma with reference
to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication
and not in a supplement, on the following dates:
Mav 15th
Subscribed and sworn to before me this
day of
My Commission expires:
1" BLIS ER'S FEE $ 84.70
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
homa, May 13, 1999-
ORDINANCE NO. 610IO104A
CM OF OWASSO,
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-
99-03 CHANGING THE ZONING OF PROPERTY LOCATED IN THE
NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH,
RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA
HIGH-DENSITY DISTRICT) TO CG (GENERAL (RESIDENTIAL
COMMERCIAL DIS-
TRICT), NDCREPEALIINE LL ORDINANCES OR PARTS OF ORDI-
WHEREAS, public hearings have been held regarding the request for
rezoning of the property herein described, and,
WHEREAS, the Owasso City Council has considered the recommen-
dation of the Owasso Planning Commission ation OZ 99ll statements for and
against the requested rezoning of app
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA, THAT
Section 1. The zoning classification of the following described property,
to wit:
LOT 7, BLOCK 1, NICHOLS HEIGHTS, AN ADDITION TO OWASSO,
TULSA COUNTY, OKLAHOMA,
be, and the same is hereby rezoned from mm (Residential Single -
Family High Density) District to CG (General Commercial) District.
with
Section the same are hereby exp ordinances in conflict here-
with repealed
PASSED AND APPROVED this 4th day of May, 1999-
ATTEST:
/s/ Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
/s/ Ronald D. Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
/s/ Mark Wilken
Mark Wilken, Mayor
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
THERON WARLICK
CITY PLANNER
ORDINANCE NO. 610
April 28, 1999
At the April 20, 1999 meeting, the Owasso City Council approved a request to rezone property
located within the Northeast Quarter of Section 30, Township 21 North, Range 14 East. The
0.18 acre subject property is described as Lot 7, Block 1, Nichols Heights Addition, and is
generally located on the south side of E 86th Street N, east of Main Street. The rezoning request
changes the zoning on the subject property from RS -3 (Residential Single Family High Density)
District to CG (General Commercial District).
Attached is a copy of Ordinance No. 610 which formally adopts the City Council's action of
April 20, 1999, thus establishing the change in zoning designation from RS -3 to CG.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 610.
ATTACHMENTS:
1. Ordinance No. 610,
2. Subject Map.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: THERON WARLICK
CITY PLANNER
SUBJECT: REZONING — OZ -99 -03
BOB ARY
DATE: April 14, 1999
BACKGROUND
The applicant, Bob Ary, proposes the rezoning of ± 0.18 acres, more or less, from RS -3
(Residential Single - Family) to CG (General Commercial). The proposed rezoning would allow
for the expansion of the tire center located to the west of the subject property, on the southeast
corner of Main Street and E 86th Street N.
An expansion of the tire facility will require the erection of a screening wall or fence along the
property line between the business and surrounding residential districts in order to comply with
the zoning code.
Accommodating growth and protecting the existing neighborhood are very often simultaneous
objectives. Fortunately, there are often practical ways to fulfill both objectives. As long as
commercial activity is oriented towards E 86' Street N, the impact on the abutting neighborhood
to the south is manageable. In this case, staff is comfortable with the degree of protection that
the screening wall or fence will provide.
Notice of this zoning change was published in the Owasso Reporter and letters were sent to
property owners within 300 feet of the proposed zoning change. A sign with information
relevant to the proposed zoning change was also posted on the subject property.
At the April 13, 1999 Planning Commission meeting, several citizens pointed out some
compatibility issues including trash blowing into the neighborhood, the use of Eleventh Street for
commercial activities, and an unattractive appearance on the rear of the facility next door.
Chairman Haynes stated that he believed a screening wall or fence, which would be required
with any commercial expansion, would address many of these issues and be an improvement
over existing conditions.
A neighboring property owner noted that he thought an expansion of a business would be a
violation of the restrictive covenants of the subject property's subdivision. Staff noted that as a
matter of practice the City does not enforce covenants. Further, the neighbors can resolve any
suspected violations privately, through the courts if necessary. Since covenants are a private
C: \Owasso\PC \04- 13- 99 \OZ -99 -03 Bob Ary\Council MEMORANDUM OZ -99 -03 Ary.doc
matter, staff advised against using covenants as a basis for, or contributing factor in, a zoning
change decision. The applicant's attorney offered to investigate the covenant questions as a
separate issue. The Owasso Planning Commission recommended approval of the proposed
rezoning at the April 13, 1999 regular meeting by a vote of 4 -1. The complete staff report is
enclosed for your information and review.
RECOMMENDATION
Staff recommends approval of the zoning change as submitted.
ATTACHMENTS
1. Staff report.
C: \Owasso\PC \04- 13- 99 \OZ -99 -03 Bob Ary\Council MEMORANDUM OZ -99 -03 Ary.doc
TO: THE PLANNING COMMISSION
CITY OF OWASSO
FROM: THERON WARLICK
CITY PLANNER
SUBJECT: REZONING — OZ -99 -03
BOB ARY
DATE: April 6, 1999
APPLICANT AND STATUS OF APPLICANT: David Charney is the attorney for the owner
Bob Ary.
REQUESTED ACTION AND PURPOSE: The applicant proposes the rezoning of ± 0.18
acres, more or less, from RS -3 (Residential Single - Family) to CG (General Commercial). The
proposed rezoning may allow the expansion of the tire center to the west of the subject property.
LOCATION AND SIZE: The subject property is generally located on the southeast comer of
Main Street and E 86th Street N. To the south and east of the subject property are single - family
residences also in an RS -3 district. To the west is the Owasso Tire Barn, located in a CG district.
To the north is additional property zoned CG. The subject property will lose the northernmost
5.89 feet in the forthcoming street project on E 86'° Street N.
EXISTING LAND USE: The subject property is developed as a single - family residence.
SURROUNDING LAND USE: To the south and east of the subject property are single - family
residences also in an RS -3 district. To the west is the Owasso Tire Barn, located in a CG district.
To the north is additional property zoned CG.
APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15
"Amendments ", Chapter 4 "Residential District Provisions ", and Chapter 6 "Commercial District
Provisions ".
ANALYSIS
The 1985 Comprehensive Plan for Owasso recommends medium intensity commercial on the
southeast corner of E 86d' Street N and Main Street, surrounded by low density residential.
Although the existing tire facility to west is "grandfathered" as an existing non - conforming use,
any expansion of the operation will require the erection of a screening wall or fence along the
C:\OwassoTlanning Commission \04- 13- 99 \0Z -99 -03 Bob Ary\MEMORANDUM OZ -99 -03 Ary.doc
property line between the business and surrounding residential districts in order to comply with
the zoning code. This wall or fence will need to cross the existing driveways on the south side of
the tire facility and may result in loss of access to the facility from Eleventh Street on the south
side of the subject property, where vehicles are currently stored along a very wide driveway.
The wall or fence would also cross the driveway of the subject property. The erection of a
screening wall or fence may serve as an improvement for neighboring residents by screening the
view of the tire operation and eliminating the Eleventh Street access to the facility.
Traffic volumes have increased dramatically on E 86h Street N over the last several years and
will continue to increase as the growth in the Fairways and other areas to the west continues.
Certainly development pressure has increased along with the traffic counts. But changing
conditions should not automatically result in a modification of the comprehensive plan.
Accommodating growth and protecting the existing neighborhood are both objectives.
Fortunately, there are often practical ways to fulfill both objectives. The expansion of the zoning
district will not result not create an extremely large property. The resulting tract on the southeast
corner will only be approximately 1/2 acre. As long as commercial activity is oriented towards E
86' Street N, the impact on the abutting neighborhood to the south is manageable. In this case,
staff is comfortable with the degree of protection that the screening wall or fence will provide.
Notice of this zoning change was published in the Owasso Reporter and letters were sent to
property owners within 300 feet of the proposed zone change. A sign with information relevant
to the proposed zoning change was also posted on the subject property.
Staff recommends approval of the zoning change as submitted.
ATTACHMENTS
1. Location Map,
2. Land use map from 1985 Comprehensive Plan,
3. Zoning Change Application,
4. Copy of Publication,
5. Letter to surrounding property owners.
C:\OwassoTlanning Commission \04- 13- 99 \0Z -99 -03 Bob Ary\MEMORANDUM OZ -99 -03 Ary.doc
FEE SCHEDULE CITY OF OWASSO
0- .99 acres $ 75 p p
1- 4.99 acres 100 APPLICATION FOR REZONING OZ- `9 -0�5
5 -19.99 acres 150
20 acres & above 200
General Location: 109 E. 11th St., Owasso
Present Zoning: Residential - single family Present Use: rental house
Proposed Zoning:
Proposed Use: Automotive and allied activ
Legal Description of Tract under Application: (If by metes and bounds, attach plat of survey)
Lot 7, Block 1 Nichols Heights, an Addition to Owasso, Tulsa
County, Oklahoma
(1 block east of Owasso Tire Barn located at 86th St. N and Main)
If applicant is other than owner, please indicate interest: (purchaser, lessee, agent for, other)
David E. Charney, attorney for Bob Ary, owner
Bill advertising and sign charges to: Bob Ary
(name)
102 E. 12th St., Owasso, OK 74055 272 -6430
(address) (phone)
I do hereb certify that the information herein submitted is complete, true and accurate.
Signed: c Address: 202 S. Cedar, Suite A
Phone: 272 -5338 Owasso, OK 74055
APPLICANT - DO NOT WRITE BELOW THIS LINE
Date Received:
Fee Receipt No.:
OPC Recommendation:
Date:
Staff Recommendation:
Ordinance No.
Vote:
Sec.
Twp.
City Council Action:
Date:
Vote:
Rg.
Please publish the following legal advertisement in the March
18,1999 edition of the Owasso Reporter.
Please send Proof of Publication to:
City of Owasso
ATTN: Theron Warlick
P.O. Box 180
Owasso, OK 74055
Please bill publication costs to:
Bob Ary
102 E 12" Street
Owasso, OK 74055
RE: Rezoning
NOTICE TO THE PUBLIC OF A HEARING ON A
PROPOSED AMENDMENT TO THE ZONING ORDINANCE
OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ -99 -03
Notice is hereby given that a public hearing will be held before the
Owasso Planning Commission, in the Owasso Community Center,
Owasso, Oklahoma, at 7:00 P.M. on the 13' day of April, 1999.
At that time and place, consideration will be given to the proposed
change of the zoning classification of the following described
property:
LOT 7, BLOCK 1, NICHOLS HEIGHTS, AN ADDITION TO
OWASSO, TULSA COUNTY, OKLAHOMA.
The above described tract of land is located east of and adjacent to
the Owasso Tire Barn at E 86'' Street N and Main Street, and
contains .18 acres, more or less. To be considered is a rezoning
from RS -3 (Residential Single - Family High- Density) District to
CG (General Commercial) District.
All persons interested in this matter may be present at the hearing
and present their objections to or arguments for any or all of the
above matters.
OZ -99 -03 Page 1 of 2
In the event that such proposed rezoning is approved, in whole or in
part, by the Owasso Planning Commission, said Planning
Commission shall submit its recommendation to the City Council of
the City of Owasso for its consideration and action, as provided by
law.
The City Council's review of the recommendation of the Planning
Commission on the proposed rezoning shall be at a meeting time and
place to be determined by the Council, said information to be
available from the Owasso Community Development Director.
A map showing the proposed rezoning accompanies this notice. For
more information on the proposed rezoning contact the Owasso
Community Development Department, City Hall, 207 S. Cedar,
Owasso, Oklahoma 74055, or phone (918) 272 -2251.
Dated at Owasso, Oklahoma, this 15'' day of March, 1999.
Theron Warlick
City Planner
OZ -99 -03 Page 2 of 2
207 South Cedar
PO Box 180
Owasso, OK 74055
City of Owasso
NOTICE TO PROPERTY OWNER
OZ -99 -03
1918) 272 -2251
FAX 1918) 272 -4999
Notice is hereby given that a public hearing will be held before the Owasso Planning
Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 13th
day of April, 1999. At that time and place, consideration will be given to the proposed change of
the zoning classification of the following described property:
LOT 7, BLOCK 1, NICHOLS HEIGHTS, AN ADDITION TO OWASSO, TULSA
COUNTY, OKLAHOMA.
The general location of the property is east of and adjacent to the Owasso Tire Bam at E 86" Street
N and Main Street, and contains .18 acres, more or less. To be considered is a rezoning from RS-
3 (Residential Single - Family High Density) District to CG (General Commercial) District.
As an abutting or nearby property owner, you are being notified so that you may be able to
express your views or concerns regarding this request. If you are unable to attend this meeting,
please forward any comments you may have in writing to the Owasso City Planner, PO Box 180,
Owasso, OK 74055. Planning Staff will present these comments to the Planning Commission
members at the scheduled public hearing.
A map showing the subject area is attached for your review. Additional information regarding
this request may be inspected in the office of the Community Development Director, 207 South
Cedar, Owasso, Oklahoma, or by calling 272 -2251. This is your only personal notification of
this request.
Dated at Owasso, Oklahoma, this 23' day of March, 1999.
Sincerely,
Theron Warlick
City Planner