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HomeMy WebLinkAbout616_OZ 99-07_71.62 Acres_N of E 116 St N, N of Country Estates III, W of Country Estates II_AG to RS-3TULSA COUNTY CLERK - JOAN HASTINGS RCPT 362333 06116199 14:00:38 DOC # 99072127 FEE 8.00 PGS 1 B/P 6230/0517 -0517 CITY OF OWASSO ORDINANCE NO. 616 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -99 -07 CHANGING THE ZONING OF PROPERTY LOCATED IN SECTION 06, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURE DISTRICT ) TO RS -3 (RESIDENTIAL SINGLE - FAMILY HIGH - DENSITY 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 -07. 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 LYING IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 6, THENCE N-00- 03-27-E 1276.91 FEET TO THE POINT OF BEGINNING: THENCE N-65-57-25-E 327.98 FEET; THENCE N- 46-42-49-E 1426.07 FEET; THENCE N-38-00-25 -E 1045.09 FEET; THENCE N-37-55-40-E 12.28 FEET; THENCE N-00-05- 31-E 65.04 FEET; THENCE N-89-53-34-W 857.88 FEET; THENCE N-00-06-25-E 858.33 FEET; THENCE N- 89-53-34-W 531.66 FEET; THENCE S-31-31-32-W 1509.15 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5743.83 FEET A DISTANCE OF 1484.76 FEET; THENCE S-89-45-30-E 594.46 FEET; THENCE S-00-03-23-W 31.23 FEET TO THE POINT OF BEGINNING CONTAINING 71.62 ACRES MORE OR LESS, be, and the same is hereby rezoned from AG (Agriculture) District to RS -3 (Residential Single-Family High Density) 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed.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 1st day of June, 1999. City of Owasso, Oklahoma Mark Wilken, Mayor Mar 'a Boutwell, Ci Clerk 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 Published in the Owasso PuReporter, Owasso, Tulsa and authorized, says that he is the publisher of the County, Oklahoma, June 10, Owasso Reporter, a weekly newspaper published in ORDINANCE NO. 616 the City of Owasso, Tulsa County, Oklahoma, a news- CITY OF OWASSO, malified to publish legal notices, advertise- paper q OKLAHOMA AN ORDINANCE APPROV- ments and publications as in Section 106 ING ZONING APPLICATION provided of NUMBER OZ-99-07 CHANGING Title 25, Oklahoma Statutes 1971 and 1983 as THE ZONING OF PROPERTY LOCATED IN SECTION 06, amended, and thereafter, and com plies with all other TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDI- requirements of the laws of Oklahoma with reference BASE M AN ERIDIAN, TUL- SA COUNTYAND , OKLAHOMA, to legal publications. FROM AG (AGRICULTURE DIS- TRICT) TO RS-3 (RESIDENTIAL That said notice, a true is SINGLE-FMILY copy of which attached TY DISTRICT) , AND REHIGH-DENSI- PEAL- hereto. was published in the regular edition of said ING ALL ORDINANCES OR PARTS OF ORDINANCES IN newspaper during the period and time of CONFLICT HEREWITH. publication WHEREAS, public hearings and not in a supplement, on the following dates: have been held regarding the request for rezoning of the prop- erty herein described, and, WHEREAS, the Owasso City June 1,.Qth, 199 9 Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested rezoning of applica- tion OZ 99-07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL Subscribed and sworn to before me this OF THE CITY OF OWASSO, OKLAHOMA, THAT day of rl_Q_' Section 1. The zoning classifi- cation of the following described 1199 property, to wit: A TRACT OF LAND LYING IN SECTION 6, TOWNSHIP 21 Notary Public NORTH, RANGE 14 EAST, TUL- SA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY My Commission expires: DESCRIBED AS FOLLOWS: COMMENCING AT THE PUBLISHE R'S FEE $ 89.10 SOUTH 1/4 CORNER OF SAID SECTION 6, THENCE N-00-03- 27-E 1276.91 FEET TO THE POINT OF BEGINNING: THENCE N-65-57-25-E 327.98 FEET; THENCE N-46- 42-49-E 1426.07 FEET; THENCE N-38-00-25-E 1045.09 FEET, THENCE N-37-55-40-E 12.28 FEET; THENCE N- 00 -05- 3 I-E 65.04 FEET, THENCE N- 89-53-34-W 857.88 FEET; THENCE N-00-06-25-E 858.33 FEET, THENCE N-89-53-34-W 531.66 FEET, THENCE S-31-31 - 32-W 1509.15 FEET, THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5743-83 FEET A DISTANCE OF 1484.76 FEET, THENCE S-89-45-30-E 594.46 FEET, THENCE 5-00-03-23-W 31.23 FEET TO THE POINT OF BEGINNING CONTAINING 71.62 ACRES MORE OR LESS, be, and the same is hereby rezoned from AG (Agriculture) District to RS-3 (Residential Sin- gle-Family High Density) 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 Ist day of June, 1999. CITY OF OWASSO, OKLA- HOMA /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. 616 DATE: May 26, 1999 BACKGROUND: At the May 18, 1999 meeting, the Owasso City Council approved a request to rezone property located in Section 6, Township 21 North, Range 14 East, City of Owasso, Tulsa County, Oklahoma. The 71.62 acre subject property is located north of E 116th Street N, to the north of Country Estates III Addition and west of Country Estates II Addition. The rezoning request changes the zoning on the subject property from AG (Agriculture) District to RS -3 (Residential Single - Family High- Density) District. Attached is a copy of Ordinance No. 616 which formally adopts the City Council's action of May 18, 1999, thus establishing the change in zoning designation from AG to RS -3. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 616. ATTACHMENTS: 1. Ordinance No. 616, 2. Subject Map. memorandum TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: REZONING — OZ -99 -07 A & W LAND DEVELOPMENT DATE: May 12, 1999 BACKGROUND A & W Land Development, Inc., the owner, has requested the rezoning of 71.62 acres, more or less, from AG (Agriculture) District to RS -3 (Residential Single - Family High Density) District to allow for residential development. The subject property is described as a tract of land in Section 6, Township 21 North, Range 14 East, Tulsa County, Oklahoma, and is located to the northwest of N 109`s E Avenue, adjacent to the Country Estates II subdivision. The subject property is currently undeveloped and is bordered by single - family subdivisions to the south and east. Country Estates III and West Port Additions are located to the south of the subject property. Country Estates II lies to the east of the subject property. The site is relatively flat. The subject property lies in the service area of Rural Washington Water District #3, although the City of Owasso, as a result of a 1988 court settlement, will serve the southern portion. City of Owasso sewer is available to the site. No obvious barriers to development were noted in the staff review. The 1985 comprehensive plan update indicates low- intensity residential on the subject property and the proposed RS -3 zoning is highly consistent with this plan. Access to the site is available via City streets from three locations. Notice was posted on the subject property and letters were mailed to residents within 300' of the subject property. Notice also appeared in the Owasso Reporter. The Planing Commission unanimously recommended approval of the rezoning at the May 11, 1999 regular meeting. Staff recommends approval of OZ- 99 -07. ATTACHMENTS Rezoning Report MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: REZONING — OZ -99 -07 A & W LAND DEVELOPMENT DATE: May 3, 1999 BACKGROUND APPLICANT AND STATUS OF APPLICANT: A & W Land Development, Inc., owner. REQUESTED ACTION AND PURPOSE: A request for rezoning of 71.62 acres, more or less, from AG (Agriculture) District to RS -3 (Residential Single - Family High Density) District to allow for residential development. LOCATION AND SIZE: The 71.62 acre subject property is described as a tract of land in Section 6, Township 21 North, Range 14 East, Tulsa County, Oklahoma. The subject property is located to the northwest of N 109' E Avenue, adjacent to the Country Estates II subdivision. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: Country Estates III and West Port Additions are located to the south of the subject property. To the east of the subject property lies Country Estates II. Country Estates II and III are zoned RS -3. West Port is zoned AG. Country Estates II is being developed as single - family housing and Country Estates III is proposed to provide additional single - family homesites for this rapidly growing area. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", Chapter 4 "Residential District Provisions ". SITE INFORMATION: The site is relatively flat. The subject property lies in the service area of Rural Washington Water District #3, although the City of Owasso, as a result of a 1988 court settlement, will serve the southern portion. City of Owasso sewer is available to the site. No obvious barriers to development were noted in the staff review. ANALYSIS The 1985 comprehensive plan update indicates low- intensity residential on the subject property and the proposed RS -3 zoning is highly consistent with this plan. The proposed rezoning will allow the continuation of residential development in the area. Access to the site is available via C: \Owasso\PC \05- 11- 99 \OZ -99 -07 Country Estates NWEMORANDUM - OZ -99 -07 CE IV.doc City streets from three locations. Notice was posted on the subject property and letters were mailed to residents within 300' of the subject property. Notice also appeared in the Owasso Reporter. Staff received one call from a resident on E 120'' Street to the west of the subject property in unincorporated Tulsa County. She expressed a concern that she did not want street connection between the subdivision and her street. Staff noted that the request, while not a zoning issue, will be conveyed to the Planning Commission. No other objections were noted. RECOMMENDATION Staff recommends approval of OZ- 99 -07. ATTACHMENTS 1. Location Map, 2. Rezoning Application, 3. Copy of newspaper publication, 4. Letter to surrounding property owners. C: \Owasso\PC \05- 11- 99 \OZ -99 -07 Country Estates IV\MEMORANDUM - OZ -99 -07 CE IV.doc EE SCHEDULE CITY OF OWASSO 0- .99 acres 4 75 c1q -0 1- 4.99 acres 100 APPLICATION FOR REZONING OZ- 1 5 -19.99 acres 150 acres & above 200 eneral Location: resent Zoning: Present Use: roposed Zoning:_____ Use: ega) Description of Tract under Application: (If by metes and bounds, attach plat of survey) f applicant is other than owner, please indicate interest: (purchaser, lessee, agent for, other) ill advertising and sign charges to: (name) address) (phone) do he eby rtify that the information herein submitted is complete, true and accurate. igned: Address: hone: ate Received: ee Receipt No.: PC Recommendation: ate: taff Recommendation: rdinance No. APPLICANT - DO NOT WRITE BELOW THIS LINE Vote: Sec. Twp. City Council Action: Date: Vote: Rg. Please publish the following legal advertisement in the March 22, 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: A &W Land Development PO Box 7 Owasso, OK 74055 RE: Country Estates IV 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 -07 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, 301 S. Cedar, Owasso, Oklahoma, at 7:00 P.M. on the 11'b day of May, 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 LYING IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH '/< CORNER OF SAID SECTION 6, THENCE N- 00- 03 -27 -E 1276.91 FEET TO THE POINT OF BEGINNING: THENCE N- 65- 57 -25 -E 327.98 FEET; THENCE N- 46- 42 -49 -E 1426.07 FEET; THENCE N- 38- 00 -25 -E 1045.09 FEET; THENCE N- 37- 55 -40 -E 12.28 FEET; THENCE N- 00- 05 -31 -E 65.04 FEET; THENCE N- 89- 53 -34 -W 857.88 FEET; THENCE N- 00- 06 -25 -E OZ -99 -07 Page 1 of 2 858.33 FEET; THENCE N- 89- 53 -34 -W 531.66 FEET; THENCE 5- 31- 31 -32 -W 1509.15 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5743.83 FEET A DISTANCE OF 1484.76 FEET; THENCE 5-89 - 45-30-E 594.46 FEET; THENCE S- 00- 03 -23 -W 31.23 FEET TO THE POINT OF BEGINNING CONTAINING 71.62 ACRES MORE OR LESS. The above described tract of land is located north of E 1161' Street N, west of Garnett Road, more particularly described as a tract of land to the west of Country Estates II Addition. To be considered is a rezoning from AG (Agriculture) District to RS -3 (Residential Single - Family High - Density) 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 15°i day of April, 1999. Theron Warlick City Planner OZ -99 -07 Page 2 of 2 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -99 -07 (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, 301 S Cedar, Owasso, Oklahoma, at 7:00 P.M. on the 11th day of May, 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 LYING IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH %4 CORNER OF SAID SECTION 6, THENCE N- 00- 03 -27 -E 1276.91 FEET TO THE POINT OF BEGINNING: THENCE N- 65- 57 -25 -E 327.98 FEET; THENCE N- 46- 42 -49 -E 1426.07 FEET; THENCE N-38- 00-25-E 1045.09 FEET; THENCE N- 37- 5540 -E 12.28 FEET; THENCE N- 00- 05 -31 -E 65.04 FEET; THENCE N- 89- 53 -34 -W 857.88 FEET; THENCE N- 00- 06 -25 -E 858.33 FEET; THENCE N- 89- 53 -34 -W 531.66 FEET; THENCE S- 31- 31 -32 -W 1509.15 FEET; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5743.83 FEET A DISTANCE OF 1484.76 FEET; THENCE S- 89- 45 -30 -E 594.46 FEET; THENCE S-00- 03-23-W 31.23 FEET TO THE POINT OF BEGINNING CONTAINING 71.62 ACRES MORE OR LESS. The general location of the property is north of E 116111 Street N, between N 97th E Avenue (Mingo Road) and Garnett Road. The subject property is more particularly described as a 71.62 acre tract of land to the north of Country Estates III Addition and west of Country Estates H Addition. To be considered is a rezoning from AG (Agriculture) District to RS -3 (Residential Single - Family High Density) 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 City Planner, 207 South Cedar, Owasso, Oklahoma, or by calling 272 -2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 20th day of April, 1999. Sincerely, Theron Warlick City Planner MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: ALLAN E. HARDER HUMAN RESOURCES DIRECTOR SUBJECT: ORDINANCE #617 OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE DEFINED CONTRIBUTION RETIREMENT SYSTEM OF OWASSO, OKLAHOMA, PERTAINING TO VALUATION DATE OF ASSETS, DEFINING VALUATION PERIODS, ACCOUNTS, AND INVESTMENT OPTIONS; REQUIRING MAINTENANCE OF SEPARATE SUBACCOUNTS FOR EACH ACCOUNT; PROVIDING FOR ELIGIBILITY FOR ALLOCATION OF ASSETS; PROVIDING FOR VALUATION DATE ADJUSTMENT; PROVIDING A FORMULA FOR ALLOCATION OF AND INVESTMENT EARNINGS AND LOSSES; PROVIDING FOR REPEALER, SEVERABILITY, AND CODIFICATION; AND DECLARING AN EMERGENCY. DATE: September 15, 1999 BACKGROUND: Recent changes within the banking industry resulted in a change in the management of the OKLAHOMA MUNICIPAL RETIREMENT FUND (OMRF) retirement funds for City employees. Among the changes made by the new managers is a change in the "recordkeeper" for the defined contribution plan (Thrift Plan) naming Dean & Co as " recordkeeper." As a benefit to employee participants in the Plan, following the completion of a 9/30/99 fund allocation, Dean & Co, will update participant accounts monthly. Allocations will be made on a "cash basis," changing from an "accrual basis," meaning reports and statements will reflect money received as of the date of the report or statement. (All plan modifications are detailed in the attached Exhibit A.) These changes necessitate an amendment of the City's plan document. Because the effective date for the changes is retroactive to 7/1/99, the plan year beginning date, an ordinance with an emergency clause has been provided by OMRF for approval by the City Council and execution by the Mayor. OMRF requests their return prior to October 15, 1999. RECOMMENDATION: Ron Cates, City Attorney, has reviewed and approved the Ordinance #617 and Exhibit A which create the above plan changes. It is staff's recommendation that Ordinance #617 and Emergency Clause be approved and the Mayor be authorized to execute the Ordinance and Plan Document Amendment. ATTACIIMENTS: OMRF Letter dated September 1, 1999 Ordinance #617 Exhibit A Oklahoma Municipal Retirement Fund Allan Harder City of Owasso PO Box 180 Owasso OK 74055 -0180 Dear Allan, BOARD OF TRUSTEES MARCY ALEXANDER, DISTRICTS, STQ.LWATER JERRY FARNHAM, DISTRICT 3, ADA JAY HEIMUCH, DISTRICT 1, BROKEN ARROW Jul HuOGENS, Dlsralcr 2, SALLISAW JIM LUCKErr, JR, DISTRICT 8, TONKAwA JOHN SMIGART, DISTRICT 5, BETHANY RANDY S WINSON, AT- LARGE, STROUD GEORGE WR.Msm, DISTRICT 7, WEATHERFORD BERTHA ANN YOUNG, DISTRICT 4, SHAWNEE Cindy Shattuck, Director September 1, 1999 RECEIVED SEP 0 7 1999 Great changes are takingplacet As promised, we are transferring your participants' data to our new recordkeeper — Dean & Co. As I mentioned in my last letter, upon completion of a 9/30/99 allocation, the new recordkeeper will update the participant accounts monthly — this includes employee and employer contributions, distributions, loan payments and interest earnings! Beginning now, the allocations will be on what we call a "cash basis" instead of an "accrual basis". This means that all reports and participant statements will reflect money received as of the date on the report (opposed to accruing in funds we receive after quarter -end or month -end.) =:>=:>=> Because of these great changes, your plan document needs to be amended. Enclosed you will find an amending ordinance which needs to be approved (IN DUPLICATE) by your governing body before October 15, 1999. Please return one set of originals to this office. The effective date of this amendment is 7/1/99, the beginning of the plan year. In looking down the road — an extensive update to the plan document has been submitted to the IRS, and upon approval, you will be provided with a final copy of the document for adoption. (In the meantime, this amendment will allow us to implement the enhancements as outlined above.) When you receive the final IRS approved document, we can thoroughly review your entire retirement program and make any other changes you might be interested in at that time. Remember, after the 9/30 allocation, the new Voice Response system and web site will be ready for employees to access account information. The new phone number, dialing instructions and web address will be forwarded to you along with the 9/30/99 update. Remind your participants that we will have a temporary down - period to the old Voice Response system until the new records are applied for 9/30/99. WE REALLY APPRECIATE EVERYONE'S PATIENCE DURING THIS PERIOD. Thank you for your prompt attention to this plan amendment. Again, we need one original set of the signed documents returned on or before 10115199. As always, feel free to call Jodi Cox or myself with any questions at 1- 888 - 394 -6673, ext. 6843. Sincerely, 100 North Broadway Oklahoma City, Oklahoma 73102 AR 1- 888 - FYI -OMRF