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HomeMy WebLinkAbout612_OZ 99-05_5 Acres_Church of the Nazarene Property_ AG to OMTULSA COUNTY CLERK - JOAN HASTINGS RCPT 362333 06116199 14:00:25 DOC 0 99072125 FEE 8.00 PGS 1 B/P 6230/0513 -0513 CITY OF OWASSO ORDINANCE NO. 612 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -99 -05 CHANGING THE ZONING OF PROPERTY LOCATED IN THE EAST HALF OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURE DISTRICT) TO OM (OFFICE MEDIUM INTENSITY 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-99-05. 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: A TRACT OF LAND BEING THE NORTHEAST QUARTER (NE/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE/4) AND THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION TWENTY -ONE (21), TOWNSHIP TWENTy-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE I.B. &M., TULSA COUNTY, OKLAHOMA, CONTAINING 5.0 ACRES OF LAND, MORE OR LESS. be, and the same is hereby rezoned from AG (Agriculture) District to OM (Office Medium Intensity) 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed.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. Marci Boutwell, City Clerk AS TO FORM: D. Cates, City Attorney City of Owasso, Oklahoma Mayor 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 1139 of Title 25, Oklahoma Statutes 1971 and 1933 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: May 13th 1.99 9 Subscribed and sworn to before me this f day of ,199 a Notary Public My Commission expires: PUBLISHER'S FEE $ 84.70 Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, May 13, 1999. ORDINANCE NO. 612 CI'T'Y OF OWASSO, OMAHOMA AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ- 99-05 CHANGING THE ZONING OF PROPERTY LOCATED IN THE EAST HALF OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLA- HOMA, FROM AG (AGRICULTURE DISTRICT) TO OM (OFFICE MEDI- UM INTENSITY 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 recommen- dation of the Owasso Planning Commission and all statements for and against the requested rezoning of application OZ- 99 -05. 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: A TRACT OF LAND BEING THE NORTHEAST QUARTER (NE/4) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE/4) OF THE SOUTHEAST QUARTER (SE/4) AND THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY -ONE (21), TOWNSHIP TWENTY -ON (21) NORTH, RANGE FOURTEEN (14) EAST OF THE I.B. &M., TULSA COUNTY, OKLAHOMA, CONTAINING 5.0 ACRES OF LAND, MORE OR LESS. be, and the same is hereby rezoned from AG (Agriculture) District to OM (Office Medium Intensity) District. Section 2. That all ordinances or parts of ordinances in conflict here- with be, and the same are hereby expressly repealed. PASSED AND APPROVED this 4th day of May, 1999. CITY OF OWASSO, OKLAHOMA /s/ Mark Wilken Mark Wilken, Mayor ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Ronald D. Cates Ronald D. Cates, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ORDINANCE NO. 612 DATE: April 28, 1999 At the April 20, 1999 meeting, the Owasso City Council approved a request to rezone property located on the west side of N 145th E Avenue, north of E 86th Street N. The rezoning request changes the zoning on the 5.0 acre subject property from AG (Agriculture) District to OM (Office Medium Intensity) District. Attached is a copy of Ordinance No. 612 which formally adopts the City Council's action of April 20, 1999, thus establishing the change in zoning designation from AG to OM. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 612. ATTACHMENTS: 1. Ordinance No. 612, 2. Subject Map. TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: REZONING — OZ -99 -05 OWASSO FIRST CHURCH OF THE NAZARENE DATE: April 14, 1999 The applicant, Owasso First Church of the Nazarene, proposes rezoning of 5.00 acres, more or less, from AG (Agriculture District) to OM (Office Medium Intensity). The subject property is generally located on the west side of N 145' E Avenue, north of E 86' Street N. The applicant plans to construct a church on this site. The subject property as well as surrounding properties are undeveloped. To the west and south of the subject property lies Silver Creek Addition. To the east of the property, across N 145" E Avenue is the proposed Preston Lakes development. The Church of the Nazarene is requesting OM (Office Medium Intensity) zoning on the subject property because it is the lowest intensity zoning district that will allow a church by "right" and not by special exception of the Board of Adjustment. 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. At the April 13, 1999 Planning Commission meeting, no opposition to the proposal was voiced. Commissioner Willey noted that a rezoning would in no way limit the development possibilities to a church. Representatives of the surrounding property owners, Mr. Tom Kimball and Mr. David Chamey, were comfortable with the possible outcomes that OM zoning could bring. Further, Mr. Kimball noted that he would inform potential buyers of abutting lots in Silver Creek of this possibility. The Owasso Planning Commission unanimously recommended approval of the proposed rezoning at the April 13, 1999. 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. MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: REZONING — OZ -99 -05 OWASSO FIRST CHURCH OF THE NAZARENE DATE: April 6, 1999 BACKGROUND APPLICANT AND STATUS OF APPLICANT: Owasso First Church of the Nazarene, purchaser. REQUESTED ACTION AND PURPOSE: The applicant proposes rezoning of 5.00 acres, more or less, from AG (Agriculture District) to OM (Office Medium Intensity). The applicant plans to construct a church on this site. LOCATION AND SIZE: The subject property is generally located on the west side of N 145th E Avenue, north of E 86th Street N. EXISTING LAND USE: The subject property is undeveloped. SURROUNDING LAND USE: To the west and south of the subject property, Silver Creek Addition is now under development. To the east of the property, across N 145'" E Avenue is the Preston Lakes development. To the north is an additional undeveloped 21/2 acre tract. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", Chapter 3 "Agricultural District Provisions ", and Chapter 5 "Office District Provisions ". ANALYSIS The Church of the Nazarene is requesting OM (Office Medium Intensity) zoning on the subject property because it is the lowest intensity zoning district that will allow a church by "right" and not by special exception of the Board of Adjustment. However, all zoning cases should be addressed without respect to the exact use and attention should be paid to all possible types of development that the requested district will allow. The 1985 Comprehensive Plan for Owasso recommends medium intensity commercial on the northwest corner of E 86" Street N and N 145" E Avenue, surrounded by medium intensity residential, then low density residential. The subject C: \OwassoTlanning Commission \04- 13- 99 \0Z -99 -05 NazareneNEMORANDUM OZ -99 -05 Nazarene.doc property lies in a low density residential area along N 145th E Avenue. The Elm Creek sewer interceptor now under construction has increased the development potential of the entire area. Preston Lakes to the east and the Greens at Owasso to the south are examples of higher intensity land use than was predicted by the 1985 comprehensive plan. The proposed OM zoning will be located across the street from commercial development in the Preston Lakes (a pending case also on this agenda). The proposed zoning appears very consistent with the development patterns unfolding in this area. Because of the increased development intensity nearby, both proposed and existing, staff supports enlarging the land area on both sides of N 145d' E Avenue, north of E 86, Street N for commercial and office purposes. Staff recommends that the comprehensive plan be amended to reflect these changes during the normal course of the update process that is now underway. Any development on the subject tract will need to be preceded by a plat and site plan. These items will be reviewed separately by the Planning Commission. 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 \OZ -99 -05 NazaIene\MEMORANDUM OZ -99 -05 Nazarene.doc Subject Property E 86th Street N FEE SCHEDULE CITY OF OWASSO 0- .99 acres $ 75 1- 4.99 acres 100 APPLICATION FOR REZONING OZ -yq Os' 5 -19.99 acres 150 20 acres & above 200 3eneral Location: present Zoning: Present Use: 3roposed Zoning: Proposed Use: legal Description of Tract under Application: (If by metes and bounds, attach plat of survey) If applicant is other than owner, please indicate interest: (purchaser, lessee, agent for, other) Bill advertising and sign charges to: P/AAPiy (name) (address) (phone) I do her y certify that the inf rmaattion herein submitted is complete, true and accurate. Bigne Address: APPLICANT - DO NOT WRITE BELOW THIS LINE )ate Received: -ee Receipt No.: )PC Recommendation: )ate: Btaff Recommendation: )rdinance No. Vote: Sec. Twp. City Council Action: Date: Vote: 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: Tom Kimball c/o Ace Hardware (Account with Owasso Reporter) RE: Rezoning NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OI LAHOMA APPLICATION: OZ -99 -05 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: A TRACT OF LAND BEING THE NORTHEAST QUARTER (NE/4) OF THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4) AND THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY -ONE (21), TOWNSHIP TWENTY -ON (21) NORTH, RANGE FOURTEEN (14) EAST OF THE I.B. &M., TULSA COUNTY, OKLAHOMA, CONTAINING 5.0 ACRES OF LAND, MORE OR LESS. The subject property is located on the west side of N 145" E Avenue between E 86'h Street N and E 96s' Street N and contains 5.0 acres, more or less. To be considered is a zoning change from OZ -99 -05 Page 1 of 2 AG (Agriculture) District to OM (Office Medium Intensity) 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. 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 22' day of March, 1999. Theron Warlick City Planner OZ -99 -05 Page 2 of 2 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -99 -05 (918) 272 -2251 FAX (918) 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: A TRACT OF LAND BEING THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4) AND THE SOUTHEAST QUARTER (SE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY -ONE (21), TOWNSHIP TWENTY -ON (21) NORTH, RANGE FOURTEEN (14) EAST OF THE I.B. &M., TULSA COUNTY, OKLAHOMA, CONTAINING 5.0 ACRES OF LAND, MORE OR LESS. The general location of the property is on the west side of N 145°i E Avenue between E 86°' Street N and E 960' Street N. To be considered is a rezoning of said 5.0 acres from AG (Agricultural District) to OM (Office Medium Intensity). 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 23rd day of March, 1999. Sincerely, Theron Warlick City Planner