HomeMy WebLinkAbout713_OZ 02-05_39.86 Acres N E 76 St N_N 129 E Ave_N 145 E Ave_RS-1 to RS-3rezoning 39.86 acres N of 76th St between 129th E Ave and
145th E Ave
Tulsa County Clerk - EARLENE WILSON
Doc# 02116677 Pgs 2 B/P 6825/1217-1218
receipt 1# 607869 09/1 7 / 02 11: 00 : 52
Fee 15.00 3lE0006078690043IE
CITY OF OW ASSO, OKLAHOMA
ORDINANCE NO. 713
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER
OZ-02-05 CHANGING THE ZONING OF PROPERTY LOCATED IN
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 28,
TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY,
OKLAHOMA, FROM RS-l (RESIDENTIAL SINGLE-F AMIL Y LOW
DENSITY) 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
the Owasso Planning Commission and an statements for or against the requested
rezoning of application OZ-02-05.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF OW ASSO, OKLAHOMA.
Section 1. The zoning classification of the following described property, to
A TRACT OF LAND THAT IS PART OF THE EAST HALF OF THE SOUTHEAST
QUARTER (E/2 SE/4) AND PART OF THE SOUTH HALF OF THE NORTHEAST
QUARTER (S/2 NE/4) OF SECTION TWENTY-EIGHT (28), TOWNSHIP TWENTY-ONE
(21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID S/2 NE/4; THENCE SOUTH
00°13 '27" WEST ALONG THE EASTERLY LINE OF THE E/2 SE/4 FOR A DISTANCE
OF 2637.02 FEET TO A POINT, SAID POINT BEING THE SOUTHEAST CORNER OF
THE E/2 SE/4; THENCE NORTH 89°59'45" WEST ALONG THE SOUTHERLY LINE OF
THE E/2 SE/4 FOR A DISTANCE OF 400.00 FEET TO A POINT; THENCE NORTH
00°13'27" EAST PARALLEL WITH THE EASTERLY LINE OF THE E/2 SE/4 FOR A
DISTANCE OF 2480.00 FEET TO A POINT; THENCE NORTH 30°20'30" EAST FOR A
DISTANCE OF 488.63 FEET TO A POINT; THENCE S 89°44'10" E PERPENDICULAR
TO THE EASTERLY LINE OF THE S/2 NE/4 FOR A DISTANCE OF 155.00 FEET TO A
POINT ON THE EASTERLY LINE OF THE S/2 NE/4; THENCE SOUTH 00°15'50" WEST
ALONG SAID EASTERLY LINE FOR A DISTANCE OF 264.00 FEET TO THE POINT
OF BEGINNING; SAID TRACT CONTAINING 1,108,959 SQUARE FEET OR 25.46
ACRES.
AND ALSO
A TRACT OF LAND THAT IS PART OF THE EAST HALF OF THE SOUTHEAST
QUARTER (E/2 SE/4) OF SECTION T\VENTY-EIGHT (28), TO"\VNSHIP T\VENTY-ONE
(21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID E/2 SE/4; THENCE NORTH
00°10'22" EAST ALONG THE WESTERLY LINE OF THE E/2 SE/4 FOR A DISTANCE
OF 1770.00 FEET TO A POINT; THENCE SOUTH 89°49'38" EAST PERPENDICULAR
TO SAID WESTERLY LINE FOR A DISTANCE OF 350.00 FEET TO A POINT; THENCE
SOUTH 00°10'22" WEST PARALLEL WITH SAID WESTERLY LINE OF THE E/2 SE/4
FOR A DISTANCE OF 1768.97 FEET TO A POINT, SAID POINT BEING ON THE
SOUTHERLY LINE OF SAID E/2 SE/4; THENCE NORTH 89°59'45" WEST ALONG
SAID SOUTHERLY LINE FOR A DISTANCE OF 350.00 FEET TO THE POINT OF
BEGINNING; SAID TRACT CONTAINING 619,320 SQUARE FEET OR 14.22 ACRES.
be, and the same is hereby zoned from RS-1 (Residential Single-Family Low
Density) District to RS-3 (Residential Single-Family High Density) District.
Section 2. That all ordinances or parts of ordinaances in conflict herewith be,
and the same are hereby expressly repealed.
PASSED AND APPROVED this 2nd day of July, 2002.
Randall C. Brogdon, May
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND:
THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
TIMOTHY ROONEY
ASSISTANT CITY MANAGER
ORDINANCE NO. 713
June 25, 2002
At the June 18, 2002 meeting, the Owasso City Council approved a request to rezone property
located within the East Half of the Southeast Quarter (E /2, SE /4) of Section 28, Township 21
North, Range 14 East from RS -1 (Residential Single- Family Low Density) to RS -3 (Residential
Single- Family High Density).
The subject property is located north of E. 76th Street North, between N. 129th E. Avenue and N.
145th E. Avenue and contains 39.68 acres, more or less. A subject map is attached for your
information and review.
Attached is a copy of Ordinance No. 713 which formally adopts the City Council's action of June
18, 2002.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 713.
ATTACHMENTS:
1. Subject Map
2. Ordinance No. 713
c
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: TIMOTHY D. ROONEY
ASSISTANT CITY MANAGER
SUBJECT: REZONING REQUEST
OZ -02 -05
DATE: June 13, 2002
BACKGROUND:
The City of Owasso has received a request to rezone two tracts of land totaling 39.86 acres from RS-
1 (Residential Single - Family Low Density) to RS -3 (Residential Single - Family High Density). The
subject property is located north of E. 76th Street North, between N. 129th E. Avenue and N. 145th E.
Avenue. The subject tracts of land are separated by the golf course owned by the Lindsay
Management Company. A copy of the complete staff report provided to the Planning Commission is
attached for your information and review.
A rezoning of the subject property to RS -3 would appear to be a natural continuation of the recent
development of property that has access to the Elm Creek Sewer Interceptor. Although there is large
lot residential development in the area, the primary reason for this was the unavailability of sanitary
sewer to the area at the time of development. The Preston Lakes Addition, located off of E. 86'h
Street North is a good example of increased development density as a result of the availability of
sanitary sewer.
Letters were mailed to all property owners within 300 feet of the request and the legal ad was
published in the Owasso Reporter. Several area residents attended the Planning Commission meeting
to voice concern regarding the rezoning request, with most citing concerns regarding traffic along E.
76th Street North in this area. Staff explained that a condition of development of the subject property
is the installation of acceleration/deceleration lanes and that long -term solutions to traffic problems in
this area would be through cooperative efforts of not only the City of Owasso, but also Tulsa and
Rogers County.
The request was unanimously approved by the Planning Commission at their June 10, 2002 regular
meeting. If the request is approved by the City Council, an ordinance would be presented at the July
2, 2002 City Council meeting formally adopting the approval.
RECOMMENDATION:
Staff recommends Council approval of rezoning application OZ -02 -05
ATTACHMENTS-
1 . OZ -02 -05 Staff Report
CITY OF OWASSO
Planning Department
OZ -02 -05
Staff Report
Timothy D. Rooney - Assistant City Manager
BACKGROUND
APPLICANT AND STATUS OF APPLICANT: DM Sokolosky, applicant and owner of the
subject property.
REQUESTED ACTION AND PURPOSE: A request to rezone the subject property from RS -1
(Residential Single - Family Low Density) to RS -3 (Residential Single - Family High Density) in
order to allow for single - family residential development, more specifically, individual housing lots.
LOCATION AND SIZE: The subject property is located north of E. 76th Street North, between
N. 129th E. Avenue and N. 145th E. Avenue, and contains a total of approximately 39.68 acres,
more or less. The subject property is, however, separated by the golf course owned by the
Lindsay Management Company. If approved, residential development would occur between the
Graceland Acres addition and the golf course, as well as between the golf course and what would
be N. 145`h E. Avenue. A copy of the complete legal description is contained within the
application for rezoning which is attached for your information and review, as well as a location
map.
EXISTING LAND USE: The subject property is currently undeveloped.
SURROUNDING LAND USE: The subject property is abutted on the north by the golf course
owned by the Owasso Golf and Athletic Club. The subject property is bordered on the east by
what would be the alignment of N. 145th E. Avenue, while fatter east is residential development in
Roger's County. The subject property is bordered to the south by E. 76'h Street North, while
farther south is Tulsa County residential development zoned RE (Residential Estates). The subject
property is bordered on the west by the Graceland Acres addition zoned RE and an undeveloped
property zoned AG (Agriculture).
APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15
"Amendments" and Chapter 4 "Residential Uses ".
SITE INFORMATION: No unusual development hardships are noted.
SITE HISTORY: The subject property was rezoned to RS -1 in January of 1998, along with the
remaining property involved in the Lindsay Management rezoning of the Golf and Athletic Club
property. Zoning on that property consists of OM (Office Medium) for the golf course, RM -1
(Residential Multi- Family) for the apartments, and CS (Commercial Shopping Center) for the
Albertson's area.
ANALYSIS
The applicant is requesting a rezoning of two tracts of land from RS -1 (Residential Single- Family
High Density) to RS -3 (Residential Single - Family High Density) in order to allow for the use of
the site for residential development. As mentioned previously, the subject property is already
approved for use in a single - family residential manner; however, the applicant is now seeking a
higher density of this type of use.
Often times, the role of a City Planner is that of a rumor squelcher, and that role was evident in the
last two weeks. This is not an application for apartment, multi - family, or low income housing.
The homes will not be "starter" homes, and the homes will be on sanitary sewer. The applicant is
simply requesting to build a single - family residential development at a higher density (more
dwelling units per acre) than that which was previously approved by the Planning Commission and
City Council in 1998.
While the subject property is bordered or located near several subdivisions that have a lower
density than that which is being proposed, this is in large part due to the unavailability of sanitary
sewer service at the time they were developed. With the development of the Owasso Greens and
Athletic Club, entire new areas of undeveloped land were effectively opened up to development
potential as sanitary sewer service was made available where it previously was not. This is not
only evident in this rezoning request, but has occurred recently in the Preston Lakes area and the
areas around the City's owned golf course as well.
Staff has met with the applicant, Mr. DM Sokolosky, regarding the request in order to be able to
address questions and /or concerns regarding the request. As mentioned earlier in this report, the
homes will be required to be connected to sanitary sewer which will be brought to the subject
property from the Elm Creek Sanitary Sewer Extension. Streets would be required to be curb and
gutter. Mr. Sokolosky has stated that the homes would be a minimum of 1,750 square feet and
would not be "starter" in nature.
While the request is for RS -3 zoning which is a minimum lot width of 65', Mr. Sokolosky has
assured staff that no lots will be smaller than 70' in width, and in fact, it is likely that some will be
wider than that. If there was a zoning classification requiring a 70' lot width minimum, the
applicant would be requesting that zoning. The RS -2 zoning minimum is 75'.
Staff has spoken with several nearby or adjacent property owners regarding the request. As stated
previously, initially most were concerned as to whether or not the subject property was going to be
apartments. Once that issue was addressed, some seemed to understand that the property would
develop in a single - family residential nature, but were concerned with lot size, house size, house
type, etc. The most common concern expressed was traffic in the area.
If approved for development in any zoning classification, the developer is required to install and
acceleration/deceleration lane adjacent to entrances off of E. 76'h Street North. This will aid
and /or assist traffic from this addition into entering on to E. 76' Street North, as well as traffic
turning into this addition while heading west. Please note that this is a City of Owasso
requirement, and that additions that develop in Rogers and Tulsa County are not required to make
this type of improvement.
While staff concurs that traffic on E. 76`h Street North has increased, a denial of this zoning will
not improve that problem. In fact, just the opposite. Addressing the traffic volumes and
improvements needed to E. 76'h Street North will require joint efforts by the City of Owasso, Tulsa
County, and Rogers County as it is not one entities problem to correct, but rather several. The
more each entity has constituents that live along this road, the more likely the problems will be
addressed.
The subject property was posted the week of Memorial Day and letters were sent to surrounding
property owners. The legal ad was published in the Owasso Reporter on May 23, 2002. No
letters opposing this request have been received by staff.
RECOMMENDATION:
Staff recommends Planning Commission approval of OZ -02 -05 as requested.
ATTACHMENTS:
1. OZ -02 -05 Rezoning Application
2. Location map
3. Letters sent to surrounding property owners
4. Legal ad from the Owasso Reporter
5. Listing of property owners within 300 feet of the subject property
GENERAL]
PRESENT Z
PROPOSED
oz-
CITY OF OWASSO
P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997
REZONING APPLICATION
PRESENT USE
PROPOSED USE
LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey)
Name and Address of Record Owner I Address General Location of Sub'ct Property
As applicant, what is your interest in this property?
❑Present Owner [:]Agent for Owner
NPurchaser ❑Other
❑Attorney for Owner
I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN
SUBMITTED IS COMPLETE, TRUE AND ACCURATE
of person to be billed for publication Phone
6) 46, V -77
Address
SIGNATURE DATE
Please submit the completed application form and application fee along with a Certified 300' Radius Report
(available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission
submittal deadline as shown on the official City of Owasso calendar. The applicant and /or the applicant's
consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be
reviewed.
Fee Schedule
0- 0.99 acres $75
1- 4.99 acres 100
5 -19.99 acres 150
20 + acres 200
FORINTERNAL OFFICE USE
SUBMITTAL DATE I OPC MEETING DATE
FEE RECEIPT NUMBER APPROVED DENIED
111 North Main
PO Box 180
Owasso, OK 74055
City of Owasso
NOTICE TO PROPERTY OWNER
OZ -02 -05
(918) 376 -1500
FAX (918) 376 -1599
www.cityofowasso.com
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 10th day of June, 2002.: At that time and place, the Owasso Planning Commission
will consider a request from DM Sokolosky, applicant, for a proposed change of the zoning
classification from RS -1 (Residential Single- Family Low Density) District to RS -3 (Residential
Single- Family High Density) District, which would allow the site to be utilized for residential
homes. The subject property legal description is attached for your information and review.
The general location of the property is east of the Graceland Acres Addition, immediately
north of E. 76' Street North, Owasso, Oklahoma.
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 Assistant City
Manager, PO Box 180, Owasso, OK 74055. These comments will be presented to the
Planning Commission members at the scheduled public hearing by Planning Staff.
A map showing the subject area is also attached for your review. Additional information
regarding this request may be inspected in the Office of the Assistant City Manager, 111 N.
Main, Owasso, Oklahoma, or by calling 376 -1515. This is your only personal notification of
this request.
Dated at Owasso, Oklahoma, this 20th day of May, 2002.
Sincerely,
Timothy D. R on y
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 -02 -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 10th day of June, 2002.
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 THAT IS PART OF THE EAST HALF
OF THE SOUTHEAST QUARTER (E /2 SE /4) AND PART OF
THE SOUTH HALF OF THE NORTHEAST QUARTER (S /2
NE /4) OF SECTION TWENTY -EIGHT (28), TOWNSHIP
TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14)
EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA
COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID S/2
NE /4; THENCE SOUTH 00013'27" WEST ALONG THE
EASTERLY LINE OF THE E/2 SE /4 FOR A DISTANCE OF
2637.02 FEET TO A POINT, SAID POINT BEING THE
SOUTHEAST CORNER OF THE E/2 SE /4; THENCE NORTH
89059'45" WEST ALONG THE SOUTHERLY LINE OF THE
E/2 SE /4 FOR A DISTANCE OF 400.00 FEET TO A POINT;
THENCE NORTH 00013'27" EAST PARALLEL WITH THE
EASTERLY LINE OF THE E/2 SE /4 FOR A DISTANCE OF
2480.00 FEET TO A POINT; THENCE NORTH 30020'30"
EAST FOR A DISTANCE OF 488.63 FEET TO A POINT;
THENCE S 89044'10" E PERPENDICULAR TO THE
EASTERLY LINE OF THE S/2 NE /4 FOR A DISTANCE OF
155.00 FEET TO A POINT ON THE EASTERLY LINE OF
THE S/2 NE /4; THENCE SOUTH 00015'50" WEST ALONG
SAID EASTERLY LINE FOR A DISTANCE OF 264.00 FEET
TO THE POINT OF BEGINNING; SAID TRACT
CONTAINING 1,108,959 SQUARE FEET OR 25.46 ACRES.
AND ALSO
A TRACT OF LAND THAT IS PART OF THE EAST HALF
OF THE SOUTHEAST QUARTER (E /2 SE /4) OF SECTION
TWENTY -EIGHT (28), TOWNSHIP TWENTY -ONE (21)
NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID E/2
SE /4; THENCE NORTH 00010'22" EAST ALONG THE
WESTERLY LINE OF THE E/2 SE /4 FOR A DISTANCE OF
1770.00 FEET TO A POINT; THENCE SOUTH 89019'38"
EAST PERPENDICULAR TO SAID WESTERLY LINE FOR A
DISTANCE OF 350.00 FEET TO A POINT; THENCE SOUTH
00010'22" WEST PARALLEL WITH SAID WESTERLY LINE
OF THE E/2 SE /4 FOR A DISTANCE OF 1768.97 FEET TO A
POINT, SAID POINT BEING ON THE SOUTHERLY LINE
OF SAID E/2 SE /4; THENCE NORTH 89059'45" WEST
ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF
350.00 FEET TO THE POINT OF BEGINNING; SAID TRACT
CONTAINING 619,320 SQUARE FEET OR 14.22 ACRES.
The property is further described as being located immediately
north of E. 76"' Street North, east of the Graceland Acres
Addition, Owasso, OK.
To be considered is a rezoning from RS -1 (Residential Single -
Family Low Density) 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 Assistant City Manager.
A map showing the proposed rezoning accompanies this notice.
For more information on the proposed rezoning contact the
Owasso Assistant City Manager, City Hall, 111 N. Main Street,
Owasso, Oklahoma 74055, or phone (918) 376 -1515.
Dated at Owasso, Oklahoma, this 20th day of May, 2002.
Timothy D. Rooney
Assistant City Manager
OWASSO LAND DEVELOPMENT
1165 JOYCE BLVD
FAYETTEVILLE AR 72703
WOLFE, JOE B & KRISANDRA S
16004 E 115TH ST N
OWASSO OK 74055 -6126
ARMSTRONG, RONALD D
3101 MAPLE DR
SAND SPRINGS OK 74063 -2941
OWASSO LAND DEVELOPMENT LP
1165 JOYCE BLVD
FAYETTEVILLE AR 72703
ARMSTRONG, BONNIE
13915 E 78TH ST N
OWASSO OK 74055 -7192
WINTERHALDER, EDWARD
7679 N 140TH E AVE
OWASSO OK 74055
TAYLOR, CHARLES EARNEST &
WANEVA L
7680 N 140TH E AVE
OWASSO OK 74055 -7119
WILLIAMS, T FRED & MARY ALICE
7625 N 140TH E AVE
OWASSO OK 74055-7102
MAXEY, WILLIAM L
3301 E 420 RD
OOLOGAH OK 74053 -3616
WINTERHALDER, EDWARD W
14009 E 76TH ST N
OWASSO OK 74055
OWASSO GOLF DEV
1165 JOYCE BLVD
FAYETTEVILLE AR 72703
FORD, LAURENCE ROBERT &
KAREN F
7580 N 145TH E AVE
OWASSO OK 74055 -7166
FARWELL, STEPHEN P & RANDI L
7585 N 143RD E AVE
OWASSO OK 74055 -7104
BRAZEAL, CURTIS L & WANDA J
7580 N 143RD E AVE
OWASSO OK 74055 -7136
WILLBANKS, HOMER ELDON &
PATSY RUTH TRUSTEES
WILLBANKS TRUST
14010 E 76TH ST N
OWASSO OK 74055
HIGGINS, NORRIS E & ANNA L
7560 N 145TH E AVE
OWASSO OK 74055 -7166
HESS, EMEL CLARENCE & GLYNIS
PATRICIA
7575 N 143RD E AVE
OWASSO OK 74055 -7104
RUSSELL, THEODORE W &
SHIRLEY J
7570 N 143RD E AVE
OWASSO OK 74055 -7136
TULSA COUNTY
500 S DENVER RM 320
TULSA OK 74103 -3832