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HomeMy WebLinkAbout642_OZ 00-02_20 Acres_W of N 145th E Ave_N of E 76th St N_Wolfe Property_Ag to RS-3TULSA COUNTY CLERK - JOAN HASTINGS Doc# 00046846 Pgs 1 6361/0736 -0736 Receipt # 439235 05/08/00 11:03:43 Fee $ 8.00 CITY OF OWASSO ORDINANCE NO. 642 000439235003 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -00 -02 CHANGING THE ZONING OF PROPERTY LOCATED WITHIN SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURE) TO RS -3 (RESIDENTIAL SINGLE - FAMILY HIGH DENSITY), REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE. 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-00-02. 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: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST (N/2 NW/4 SE/4) OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA ACCORDING TO THE U.S. SURVEY THEREOF, be, and the same is hereby rezoned from AG (Agriculture) to RS-3 (Residential Single-Family High Density). Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby expressly repealed. Section 3. That this Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 2nd day of May, 2000. City of Owasso, Oklahoma OFFICIAL Mayor H. C. Williams City AS TO FORM: D. Cates, City Attorney Affidavit Of Publication OWASSO REPORTER STATE OF OKLAHOMA, TULSA COUNTY, Published In the Owasso Bill R, Retherford, of lawful age, being duly sworn noporter, Owasso, Tulsa and authorized, says that he is the publisher of the County, Oklahoma, May 11, 2000 Owasso Reporter, a weekly newspaper published in CITY OF OWASSO, OKLAHOMA the City of Owasso, Tulsa County, Oklahoma,'a news. ORDINANCE paper qualified to publish legal notices, advertise- NUMBER 642 AN ORDI NANCE APPROVING ments and as provided in Section 106 of ZONING APPLICATION NUM- publications BER OZ-00.02 CHANGING THE Title 25, Oklahoma Statutes 1971 and 1983 ZONING OF PROPERTY LOCATED WITHIN SECTION amended, and thereafter, and complies with all other 28 , TO SHIP 21 NORTH, RANGE EAST, TULSA requirements of the laws of Oklahoma with reference COUNTY, OKLAHOMA, FROM AG (AGRICULTURE) TO AS -3 to legal publications. SINGLE-FAMILY H (RIGH ESIDENTIAL DENSITY), REPEALING That said notice, a true copy of which is attached ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- hereto, was published in the regular edition of said FLICT HEREWITH, AND DECLARING AN EFFECTIVE newspaper during the period and time of publication DATE, WHEREAS, public hearings and not in a supplement, on the following dates: have been hold regarding the request for rezoning of the prop- erty herein described, and, WHEREAS, the Owasso City May 11th Council has considered the rec- Awo ommendation of the Owasso Planning Commission and all statements for and against the reqn uested rezoning of appilca- OZ-00-02. NOW, THEREFORE. BE IT ORDAINED BY THE COUNCIL Subscribed and sworn to before me this OF THE CITY OF OWASSO, OKLAHOMA, THAT day of Section 1. The zoning classifics- lion of the following described property, to wit: Notar y Public THE NORTH HALF OF THE THE SOUTHWEST (N12 NW/4 My Commission expires: SE/4) OF SECTION 28, TOWN- SHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE PUBLISHER'SFEE$ 74.80 AND MERIDIAN, TULSA COUN- TY, OKLAHOMA ACCORDING TO THE U,S. SURVEY THERE- OF, be, and the same is hereby rezoned from AG (Agriculture) to RS-3 (Residential Single-Family High Density). Section 2. That all ordinances or parts of ordinances In conflict herewith be, and the same, are hereby expressly repealed. Section 3, That this Ordinance shall become effective thirty (30) days from the date of first publi- cation as provided by state law. PASSED AND APPROVED this 2nd day of May, 2000. CITY OF OWASSO, OKLAHOMA C TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 642 WOLFE REZONING REQUEST DATE: April 25, 2000 BACKGROUND: At the April 18, 2000 regular meeting, the City Council unanimously approved a rezoning request from Joe Wolfe. The subject property contains 20 acres, more or less, and is generally described as being located north of the northeast corner of the Graceland Acres addition. Ordinance No. 642 would formally adopt the action taken by the Council at the April 18, 2000 meeting. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 642. ATTACHMENTS: 1. Subject Map 2. Ordinance No. 642 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER RE: OZ -00 -02 JOE WOLFE DATE: April 12, 2000 BACKGROUND: The City of Owasso has received a request from Joe Wolfe, applicant and owner, for the rezoning of approximately 20 acres from AG (Agriculture) to RS -3 (Residential Single - family High Density). The subject property is generally located northeast of the Graceland Acres addition (Tulsa County) and abuts the Owasso Golf and Athletic Club property. A complete copy of the staff report is attached for your information and review. The rezoning, if approved, would allow for the development of the 20 acre site for single - family residential dwellings at the same density that is found in the Copper Meadows addition to the west of the subject property. The Elm Creek Interceptor runs through the property and the availability of sanitary sewer to the site supports development of a greater intensity than that of Graceland Acres. Information regarding the rezoning request was posted on the subject property and notification was mailed to property owners within 300' of the rezoning request. Additionally, appropriate legal notice was published in the Owasso Reporter. Several residents of the Graceland Acres addition attended the Planning Commission meeting and voiced concerns regarding access to the subject property during and after construction. It was expressed by the Planning Commission and staff that it would be their expectation that Mr. Wolfe utilize an existing mutual access easement provided by the Owasso Golf and Athletic Club during construction. It was also agreed by staff that the City of Owasso would contact interested property owners in the Graceland Acres addition at the time of a preliminary plat submittal. The Planning Commission reviewed the rezoning request at their April 11, 2000 regular meeting and unanimously recommended approval of the request. RECOMMENDATION: Staff recommends Council approval of rezoning application OZ- 00 -02, rezoning the subject property from AG (Agriculture) to RS -3 (Residential Single- Family High Density). ATTACHMENTS: 1. OZ -00 -02 Staff Report CITY OF OWASSO Planning Department OZ -00 -02 Staff Report Timothy D. Rooney - Assistant City Manager BACKGROUND APPLICANT AND STATUS OF APPLICANT: Joe Wolfe, applicant and owner REQUESTED ACTION AND PURPOSE: A request to rezone the subject property from AG (Agriculture) to RS -3 (Residential Single - Family High Density) in order to allow for residential development. LOCATION AND SIZE: The subject property totals 20 acres in area and is located northeast of Graceland Acres Addition (Tulsa County), immediately abutting the Owasso Golf and Athletic Club property. Graceland Acres is immediately north of E. 76th Street North and 1/4 mile east of N. 129th E. Avenue. A complete legal description of the subject property is attached for your information and review. EXISTING LAND USE: Currently the subject property is undeveloped. SURROUNDING LAND USE: As previously addressed, Graceland Acres abuts the subject property to the south (zoned RE - Residential Estates) as well as an additional 10 acres tract (also zoned RE), while farther south lies E. 76th Street North. The subject property is abutted by a similar undeveloped 20 acre tract to the west also located in Tulsa County (zoned AG - Agriculture), while farther west is the Copper Meadows Addition (zoned RS -3 - Residential Single - Family High Density). The Owasso Golf and Athletic Club abuts the subject property to the north and east. That portion of the Owasso Golf and Athletic Club abutting the property to the north consist of golf course development (zoned OM - Office Medium), while that portion abutting the subject property to the east is undeveloped (zoned RS -1 - Residential Single- Family Low Density). APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", Chapter 4 "Residential District Provisions ", and the Owasso 2010 Master Plan. SITE INFORMATION: No unusual development hardships are noted, however a large drainage channel does run through a portion of the property which would require some re- grading prior to any comprehensive development. Staff Report OZ -00 -02 Page 2 of 3 ANALYSIS The applicant is requesting a rezoning on a parcel of land approximately 20 acres in area from AG (Agriculture) to RS -3 (Residential Single - Family High Density) in order to allow for residential development. The Owasso City Council annexed the subject property in March of this year. A rezoning of the subject property to allow for residential development certainly is appropriate at this location, however the density of that zoning is what staff anticipated to be in question. When one reviews the development history of property east of N. 129th E. Avenue, densities have typically been kept relatively low. The most significant reason for this pattern was the lack of sanitary sewer systems in the area. However, when sanitary sewer has been available to properties east of N. 129th E. Avenue, the density of development did increase (Copper Meadows, The Owasso Golf and Athletic Club, and the Barrington Additions). In 1998, the Elm Creek Interceptor was completed in order to serve the Owasso Golf and Athletic Club and points to the north and east of that area in order to serve the entire drainage basin. A portion of that interceptor runs across the subject property and would serve any potential development with sanitary sewer. With the understanding that any development would be served by sanitary sewer, a zoning pattern that would allow a density greater than RE can certainly be supported, in fact, the likelihood of it developing in lessor density is not probable. The square mile area that the subject property has various different zoning districts, ranging from AG and RE to RS -3, RM -1, OM, and CS. The more intense zoning patters have occurred directly in conjunction with the availability of sanitary sewer service, while the least intense zoning patterns have occurred where there was no sanitary sewer. Simply put, the availability of infrastructure to the subject property and the zoning history of this square mile area support RS -3 zoning. Notices were mailed to surrounding property owners on March 21, 2000 and the legal advertisement was published in the Owasso Reporter on March 23, 2000. Copies of both have been attached for your information and review. Additionally, the subject property was posted on March 23, 2000. At the time of report preparation, staff had received one call regarding the rezoning request. That caller wanted to know why a lot in Graceland Acres was not included in the request, as it was his understanding that it was included in the previous annexation. While only one call has been received, staff does anticipate public opposition to the rezoning request. Graceland Acres is a Tulsa County addition that has been surrounded by undeveloped property for several years and residents of that addition are likely to not be in support of this Staff Report OZ -00 -02 Page 3 of 3 development. In conclusion, a rezoning of the property to RS -3 is consistent with the development history of the square mile area in which the subject property is located. While the development of the subject property may not be supported by nearby residents, the applicant has the right to develop the property in a manner consistent with previous patterns within the square mile area when necessary infrastructure is available. RECOMMENDATION Staff recommends approval of the rezoning request from AG (Agriculture) to RS -3 (Residential Single - Family High Density). ATTACHMENTS 1. Rezoning Application 2. Location /Zoning Map 3. Letters sent to property owners within 300 feet of the zoning request 4. Legal ad from the Owasso Reporter FEE SCHEDULE .99 acres 8 75 4.99 acres 100 5 -19.99 acres 150 20 acres & above 200 General Location: CITY OF OWASSO APPLICATION FOR REZONING OZ-00-02 Present Zoning: Present Use: A6, Proposed Zoning., Proposed Use: Legal Description of Tract under Application: (If by metes and bounds, attach plat of survey) Lot Nine (9), Block One (1), GRACELAND ACRES ADDITION, a Subdivision in Tulsa County, Oklahoma, according to the recorded plat thereof; The North Half of the Northwest Quarter of the Southwest Quarter (N/2 NW 14 SE/4) of Section 28, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Oklahoma according to the U.S. Survey thereof; If applicant is other than owner, please indicate interest: (purchaser, lessee, agent for, other) Bill advertising and sign charges to: (address) (phone) I do hereby "ertify hat he information herein submmiitted is ,complete, true,Iand accurate. Signed: C Address: 71407 17.50 Phone: Date Received: Fee Receipt No.: OPC Recommendation: Date: Staff Recommendation: Ordinance No. APPLICANT - DO NOT WRITE BELOW THIS LINE Vote: Sec. Twp. City Council Action: Date: Vote: 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -00 -02 (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 South Cedar, Owasso, Oklahoma at 7 :00 PM on the 11th day of April, 2000. At that time and place, the Owasso Planning Commission will consider a request from Joe Wolfe, owner, for a proposed change of the zoning classification from AG (Agriculture) to RS -3 (Residential Single - Family High Density), which would allow for the development of Single - Family Dwellings. The subject property contained within OZ -00 -02 is described as follows: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (N /2 NW /4 SE /4) OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA ACCORDING TO THE US SURVEY THEREOF. The general location of the property is northeast of the Graceland Acres Addition, north of E. 76th Street North. A subject map is attached for your information and review. 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 Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Planning Commission members at the scheduled public hearing by Planning Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272 -2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 21st day of March, 2000. Sincerely, Timothy D. Rooney Assistant City Manager NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -00 -02 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 11th day of April, 2000. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (N /2 NW /4 SE /4) OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA ACCORDING TO THE US SURVEY THEREOF. The general location of the property is northeast of the Graceland Acres Addition, north of E. 76th Street North. To be considered is a rezoning from AG (Agriculture) to RS -3 (Residential Single- Family High Density). 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 Department. A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso Community Development Department, City Hall, PO Box 180, Owasso, Oklahoma 74055, or phone (918) 272 -2251. Dated at Owasso, Oklahoma, this 20th day of March, 2000. Timothy D. Rooney Assistant City Manager