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HomeMy WebLinkAbout649_OZ 00-06_7.88 Acres_NEC of E 96 St N and N Garnett RD_AG to CGDoc# 00102245 pgs 1 B/P 6420/1219 -1219 Receipt # 467455 09/25/00 13:23:03 Fee 8.00 000467455002 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 649 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ- 00-06 CHANGING THE ZONING OF PROPERTY LOCATED WITHIN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURE) TO CG (COMMERCIAL GENERAL), 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 -06. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION 1: The zoning classification of the following described property, to -wit: Beginning 594 feet west of the Northeast Comer of the South Half (S/2) of the Southwest Quarter of the Southwest Quarter (SW/4 SW/4); thence west 726 feet; thence south 660 feet; thence east 326.7 feet; thence north 300 feet; thence east 399.3 feet; thence north 360 feet to the POINT OF BEGINNING, of Section 17, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, Oklahoma, according to the U.S. government survey thereof, less and except: the west 16.5 feet for road and less the south 16.5 feet of the east 310.2 feet of the west 326.7 feet thereof for road purposes, according to the U.S. survey thereof, be, and the same hereby is, rezoned from AG (Agriculture) to CG (Commercial General). SECTION 2: That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby expressly repealed.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 20th day of June, 2000. OF City of Owasso, Oklahoma H C Williams, Mayor Mar Boutwell, City Clerk APPPROVED AS TO FORM onald D Cates, City Attomey Ordinances /649Zoning MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE NO. 649 REZONING CASE OZ -00 -06 DATE: June 14, 2000 BACKGROUND At the May 16, 2000 regular meeting, the City Council unanimously approved a rezoning request from Theresa Spears. The subject property contains 7.88 acres, more or less and was rezoned from AG (Agriculture) to CG (Commercial General). Ordinance No. 649 would formally adopt the action taken by the Council at the May 16, 2000 meeting. RECOMMENDATIONS Staff recommends Council approval of Ordinance No. 649. ATTACHMENTS 1. Subject Map 2. Ordinance No. 649 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: REZONING REQUEST OZ -00 -06 DATE: May 10, 2000 BACKGROUND Theresa Spears has requested approval of a rezoning application. The subject property is 7.88 acres, more or less, and is located at the northeast corner of E. 96th Street N. and N. Garnett Road. The applicant is requesting rezoning on the parcel of land from AG (Agriculture) to CG (Commercial General). If approved, the rezoning would allow for the development of general commercial uses such as retail, office, and services. For a detailed listing of permitted uses within the CG zoning district, please refer to the Owasso Zoning Code Chapter 6, Section 610. The Owasso Planning Commission reviewed the request at their May 9, 2000 regular meeting and unanimously recommended approval of OZ- 00 -06. At that meeting, there was no citizen comment regarding this application. RECOMMENDATIONS Staff recommends approval of the rezoning request from AG (Agricultural) to CG (Commercial General). ATTACHMENTS 1. Subject Map 2. Staff Report for OZ -00 -06 CITY OF OWASSO Planning Department OZ -00 -06 Staff Report Donna S. Sorrells — City Planner BACKGROUND APPLICANT AND STATUS OF APPLICANT: Theresa Spears, Owner REQUESTED ACTION AND PURPOSE: Rezoning from AG (Agriculture) to CG (Commercial General). LOCATION AND SIZE: The subject property is 7.88 acres, more or less, and is located at the northeast corner of E. 96th Street N. and N. Garnett Road. A complete legal description is attached for your information and review. EXISTING LAND USE: The subject property is currently undeveloped SURROUNDING LAND USE: The subject property is bound on the north, east and south by undeveloped and rural residential. To the west is a Phillips 66 station and El Rio Vista Subdivision. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments, Chapter 6 "Commercial District Provisions ", and the Owasso 2010 Comprehensive Plan. SITE INFORMATION: No unusual development hardships are noted. ANALYSIS The applicant is requesting rezoning on a parcel of land approximately 7.88 acres in area from AG (Agriculture) to CG (Commercial General). The Comprehensive Plan shows this area as medium intensity commercial. It is staffs opinion that rezoning the subject property to CG is entirely in line with the Comprehensive Plan. The applicant is unprepared, at this time, to state a proposed use for the subject property. It should be noted, that prior to development of the site, a site plan must be submitted for review and approval. The potential uses within the CG (Commercial General) zoning district are retail and services, office, cultural and recreational, gasoline sales and automotive services, restaurants, off - street parking and outdoor advertising and hotel and motel. For a detailed listing of permitted uses within the zoning district, please refer to the Owasso Zoning Code Chapter 6, Section 610. As required by the Owasso Zoning Code, Chapter 2, Section 250, a six foot high screening wall or fence will be required at the time of development. A detail of the wall or fence design will be required at the time of Site Plan review. Notices were mailed to surrounding property owners on April 24, 2000 and the legal advertisement was published in the Owasso Reporter on April 27, 2000. Copies of each have been attached for you information and review. Additionally, the subject property was posted on April 27, 2000. Staff has not received any phone calls regarding this rezoning. RECOMMENDATION Staff recommends approval of the rezoning request from AG (Agricultural) to CG (Commercial General). ATTACHMENTS 1. Rezoning Application 2. Location/Zoning Map 3. Legal Description 4. Letter of Notification for OZ -00 -06 5. Legal Notification for OZ -00 -06 FEE SCHEDULE CITY OF OWASSO 0- .99 acres s 75 1- 4.99 acres 100 APPLICATION FOR REZONING 5 -19.99 acres 150 20 acres & above 200 General Location: 9104 N Garnett Rd OZ-00-06 Present Zoning: Proposed Zoning: Proposed Use: Legal Description of Tract under Application: (If by metes and bounds, attach plat of survey) Beginning 594 feet West of the Northeast Corner of the South Half (S /2) of the southwest Quarter (SW /4) of the Southwest Quarter (SW /4); thence West; 726 feet; thence South 660 feet; thence East 326.7 feet; thence North 300 feet; thence East 399.3 feet; thence North 360 feet to the Point of Beginning, of Section Seventeen (17), Township Twenty -one (21) North, Range Fourteen (14) East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, LESS & EXCEPT: The West 16.5 feet for road and LESS the South 16.5 feet of the East 310.2 feet of the West 326.7 feet thereof for road purposes. If applicant is other than owner, please indicate interest: (purchaser, lessee, agent for, other) Bill advertising and sign charges to: name) ress) (phone) I do hereby ce that )e information herein submitted is complete, true and accurate. Signed: Address: 9709 N 113th Garnett Rd, Owasso OK 74055 918-272-6526 APPLICANT - DO NOT WRITE BELOW THIS LINE )ate Received: ee Receipt No.: )PC Recommendation- gate Vote: taff Recommendation: rdinance No. Sec. Twp. Rg. City Council Action: Date: Vote: ABSTRACT & TITLE COMPANY, TULSA, OKLAHOMA Be innin 594 feet West of the Northeast Corner of the South Half (S ) of the Southwest Quarter (SWt) of the Southwest Quarter SW thence West 726 feet; thence'- South 660 feet; thence East 326.7 feet; thence North 300 feet; thence East 399.3 feet; thence North 360 feet to the Point of Beginning, of Section Seventeen (17), Township Twenty -one (21) North, Range Fourteen (14) East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, LESS & EXCEPT: the West 16. feet for road and LESS the South 16.5 feet of the East 310.2 feet of the West 326.7 feet thereof for road purposes. BONDED ABSTRACTERS 612 South Denver Phone 582.5778 PATSY CRAVENS OR MARY ANN MO RIARTV PRESIDENT SECRETARY Beginnin 594 feet West of the Northeast Corner of the South Half (S ) of the Southwest Quarter (SWt) of the Southwest Quarter SW thence West 726 feet; thence'- South 660 feet; thence East 326.7 feet; thence North 300 feet; thence East 399.3 feet; thence North 360 feet to the Point of Beginning, of Section Seventeen (17), Township Twenty -one (21) North, Range Fourteen (14) East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, LESS & EXCEPT: the West 16. feet for road and LESS the South 16.5 feet of the East 310.2 feet of the West 326.7 feet thereof for road purposes. BONDED ABSTRACTERS 612 South Denver Phone 582.5778 PATSY CRAVENS OR MARY ANN MO RIARTV PRESIDENT 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -00 -06 (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 9th day of March, 2000. At that time and place, the Owasso Planning Commission will consider a request from Theresa Spears, owner, for a proposed change of zoning classification from AG (Agriculture) to CG (General Commercial), which would allow for fixture commercial development of the property described as follows: BEGINNING 594 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTH HALF FEET: THENCE NORTH 300 FEET: THENCE EAST 399.3 FEET; THENCE NORTH 360 FEET TO THE POINT OF BEGINNING OF SECTION SEVENTEEN (17) TOWNSHIP TWENTY -ONE (21) NORTH. RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY. STATE OF OKLAHOMA ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF LESS AND EXCEPT: THE WEST 16.5 FEET FOR ROAD AND LESS THE SOUTH 16.5 FEET OF THE EAST 310.2 FEET OF THE WEST 326.7 FEET THEREOF FOR ROAD PURPOSES. The above described tract of land contains 7.88 acres, and is located on the north side of E 96' Street N and the east side of Garnett Road. To be considered is a rezoning 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. 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 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. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 20" day of April, 2000. Donna Sorrells City Planner Please publish the following legal advertisement in the April 27, 2000 edition of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN. Donna Sorrells P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: Theresa Spears 9709 N. Garnett Road 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 -00-06 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 9th 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: FROM AG (AGRICULTURAL DISTRICT) to CG (GENERAL COMMERCIAL DISTRICT) BEGINNING 594 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTH HALF (S1 /2) OF THE SOUTHWEST QUARTER (SWl /4) OF THE SOUTHWEST QUARTER (SWl /4); THENCE WEST 726 FEET; THENCE SOUTH 660 FEET; THENCE EAST 326.7 FEET; THENCE NORTH 300 FEET; THENCE EAST 399.3 FEET; THENCE NORTH 360 FEET TO THE POINT OF BEGINNING, OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF 'OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT: THE WEST 16.5 FEET FOR ROAD AND LESS THE SOUTH 16.5 FEET OF THE EAST 310.2 FEET OF THE WEST 326.7 FEET THEREOF FOR ROAD PURPOSES. MORE OR LESS, 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 this 20th day of April, 2000. Donna Sorrells City Planner Please publish the following legal advertisement in the April 27, 2000 edition of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Donna Sorrells P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: Theresa Spears 9709 N. Garnett Road 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 -00 -06 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 9th 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: FROM AG (AGRICULTURAL DISTRICT) to CG (GENERAL COMMERCIAL DISTRICT) BEGINNING 594 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTH HALF (S1 /2) OF THE SOUTHWEST QUARTER (SWl /4) OF THE SOUTHWEST QUARTER (SWl /4); THENCE WEST 726 FEET; THENCE SOUTH 660 FEET; THENCE EAST 326.7 FEET; THENCE NORTH 300 FEET; THENCE EAST 399.3 FEET; THENCE NORTH 360 FEET TO THE POINT OF BEGINNING, OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE