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HomeMy WebLinkAbout723_OZ 01-07_13 acres South of 116 St N & E of N Mingo Rd_IL to RS-3Tulsa County Clerk - EARLENE WILSON (New Public Works Facility location) Doc# 02165325 Pgs 1 B/P 6902/2527-2527 Receipt # 627614 12/30/02 16:14:52 Fee 13.00 000627614007 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 723 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 01-07 CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTH HALF OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM IL (LIGHT INDUSTRIAL) DISTRICT TO RS-3 (RESIDENTIAL SINGLE-FAMILY HIGH DENSITY) DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINAINCES 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 or against the requested rezoning of application OZ- 01-07. 11"0 GIT-Y--eF OWASSO, OKLAHOMA. be, and the same is hereby zoned from IL (Light Industrial) District to RS-3 (Residential Single- Family) District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. �116 tAHOO- Marc&,Boutwell, City derk Step'hd-P. Gr, ' ty, Cit Y omey S Zz 116 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE 723 — REZONING #OZ -01 -07 DATE: October 18, 2002 BACKGROUND: r The City Council approved rezoning 15 acres of vacant property from IL (Light Industrial) to RS -3 (Residential Single - Family High Density) in October, 2001. However, the ordinance changing the zoning status of the property was never brought before the City Council for approval. The property is located on the south side of 116' Street about 1/8 mile east of Mingo Road, immediately west of the railroad tracks. The Planning Commission unanimously recommended approval of the rezoning in September, 2001. An adjacent 13 acres located immediately west of the site (more specifically at the southeast corner of Mingo and 116') was rezoned from CG (Commercial General) to RS -3 (Residential Single - Family High Density) at the same time. The ordinance changing the zoning of this adjacent 13 -acre tract was approved by the City Council in October, 2001. REQUEST: The staff believes that the rezoning ordinance for the property was never brought forward to the Council because of a staff error and finds no peculiarities in the case file that might suggest a reason for not submitting the rezoning ordinance. The staff requests approval of Ordinance #723, thus effecting the rezoning approved by the City Council last year. RECOMMENDATION: The staff recommends Council approval of Ordinance #723. ATTACHMENTS: 1) Ordinance #723 2) Minutes of October 2, 2001 Owasso City Council meeting 3) Location map of subject property 4) Rezoning memo to Council dated September 24, 2001 5) Original staff report for the rezoning application CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 723 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 -1 (RESIDENTIAL SINGLE - FAMILY LOW DENSITY) DISTRICT TO RS -3 (RESIDENTIAL SINGLE - FAMILY HIGH DENSITY) DISTRICT, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITHNMEREAS, 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 or against the requested rezoning of application OZ- 01 -07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. SECTION 1. The zoning classification of the following described property, to wit: A PORTION OF GOVERNMENT LOT ONE (1) LOCATED IN THE NORTHWEST QUARTER (NW /4) OF THE NORTHWEST QUARTER (NW /4), AND A PORTION OF THE NORTHEAST QUARTER (NE /4) OF THE NORTHWEST QUARTER (NW /4) OF SECTION SEVEN (7), TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT ONE (1); THENCE S89 030'08 "E ALONG THE NORTH LINE OF SECTION 7 A DISTANCE OF 1643.21 FEET; THENCE S15 °52'09 "W ALONG THE A.T. &S.F. RIGHT -OF -WAY A DISTANCE OF 789.01 FEET; THENCE N89 °32'48 "W A DISTANCE OF 1418.77 FEET; THENCE N00 001'25 "E ALONG THE WEST LINE OF SECTION 7 A DISTANCE OF 761.92 FEET TO THE POINT OF - BEGINNING, LESS AND EXCEPT: THE WEST 667.80 FEET THEREOF, CONTAINING 15.00 ACRES, MORE OR LESS. be, and the same is hereby zoned from IL (Light Industrial) 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 5' day of November, 2002. City of Owasso, Oklahoma Randall C. Brogdon, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Stephen P. Gray, City Attorney Owasso City Council October 2, 2001 ITEM 11: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A FINAL PLAT FOR EXCHANGE BANK OWASSO I, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY STATE OF OKLAHOMA (WARD 2). Ms Sorrells said that the City has received a request for approval of a final plat for Exchange Bank Owasso I, located at the northeast corner of E 86`x' St N and N Mingo Rd. The plat contains one commercial lot of approximately .91 acres. No DEQ permits are required for this development. The Planning Commission recommended approval at their meeting on September 17, 2001. Mr Helm asked who would be supplying water, and Ms Sorrells responded that the development will be on City of Owasso water. Mr Helm moved, seconded by Mr Williams, to approve the final plat for Exchange Bank Owasso I. AYE: Helm, Williams, Armstrong, Brogdon, Barnhouse NAY: None Motion carried 5 -0. ITEM 12: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ- 01 -06, A REQUEST TO _REZONE _PROPERTY LOCATED EAST OF NORTH MINGO ROAD AND NORTH OF EAST 106... STREET NORTH, IMMEDIATELY WEST OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD• FROM CG (COMMERCIAL GENERAL) TO RS -3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 12.95 ACRES, MORE OR LESS. Ms Sorrells presented the item. D M Sokolosky has requested rezoning a 12.95 acre tract of land located east of N Mingo Rd and 530' north of E 106` St N, from CG to RS -3. The Owasso Planning Commission reviewed the request at a meeting on September 17, 2001 and recommended approval. Several citizens residing in the area attended the City Council meeting and expressed concerns over potential drainage issues arising from development. Citizens addressing the Council were Jan Fallew, Earl Worley, Jan Thomas, Don McLaughlin, Sue Piggett, Harold Ledbetter, & Carol Seim. They discussed general flooding in the area and the amount of new flooding caused by development. Ms Sorrells and Mr Carr addressed the issues. Mr Carr said that the City of Owasso is working with Tulsa County to try to resolve some of the problems. Following discussion, Mr Brogdon reminded everyone that the only issue before the Council at this time is that of rezoning. He said the issues raised conceming drainage will be addressed during the platting stage. Mr Brogdon moved to approve the requested rezoning. Mr Helm requested an amendment to the motion to direct the staff to hold meetings with the developer and the concerned citizens in order to address the citizens' concerns before a final plat is brought to the City Council for approval. Mr Brogdon agreed to the amended motion, seconded by Mr Helm. AYE: Brogdon, Helm, Armstrong, Williams, Barnhouse NAY: None -5- Owasso City Council October 2, 2001 Motion to approve the requested rezoning, and direct the staff to hold meetings with the developer and the concerned citizens in order to address the citizens' concerns before a final plat is brought to the City Council for approval, carried 5 -0. ITEM 13: CONSIDERATION AND APPROPRIATE ACTION RELATING TO OZ- 01 -07. A REQUEST TO REZONE PROPERTY LOCATED APPROXIMATELY 1/8 MILE EAST OF NORTH MINGO ROAD AND SOUTH OF EAST 1161H STREET NORTH, FROM IL (INDUSTRIAL Light) TO RS -3 (RESIDENTIAL SINGLE FAMILY HIGH DENSITY), CONTAINING 15 ACRES. Ms Sorrells said that D M Sokolosky has requested rezoning a 15 acre tract located approximately 1/8 mile east of N Mingo Rd and south of E 116`" St N; from IL to RS -3. The Owasso Planning Commission reviewed the request on September 17, 2001 and recommended approval. Citizens present had the same concerns regarding drainage as they did on the previous item. Ms Armstrong moved to approve the requested rezoning, and direct the staff to hold meetings with the developer and the concerned citizens in order to address the citizens' concerns before a final plat is brought to the City Council for approval. Motion seconded by Mr Helm. AYE: Armstrong, Helm, Williams, Brogdon, Barnhouse NAY: None Motion carried 5 -0. ITEM 14: CONSIDERATION AND APPROPRIATE_ ACTION RELATING TO ORDINANCE #687 AN ORDINANCE PROVIDING FOR THE CLOSING OF A 15' SANITARY SEWER EASEMENT AND 15' WATER EASEMENT LOCATED ON LOT 1, BLOCK 1, FIRST BAPTIST CHURCH OF OWASSO. Ms Sorrells presented the item. Mansur Daubert Strella, on behalf of the First Baptist Church of Owasso, has requested the closing of a 15' sanitary sewer easement and a 15' water easement, which was recorded on a plat. The entrance drive to the property has been shifted slightly, necessitating the closing of the platted easement, and subsequently the recording of a new easement. The Owasso Planning Commission reviewed the request on September 17, 2001, and recommended approval. Mr Brogdon moved, seconded by Mr Williams, to adopt Ordinance #687 approving the requested easement closing. Mr Helm abstained which, by virtue of law, must be counted as a no vote. AYE: Brogdon, Williams, Armstrong, Bamhouse NAY: Helm Motion carried 4 -1. New Public works Facility MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: REZONING OZ -01 -07 DATE: September 24, 2001 BACKGROUND D. M. Sokolosky, applicant, has requested approval of a rezoning application. The subject property is 15 acres, more or less, and is located approximately 1/8 mile east of N. Mingo Road and south of E. 116'h Street N. The applicant is requesting rezoning on the subject property from IL (Industrial Light) to RS -3 (Residential Single - Family, High Density), The Owasso Planning Commission reviewed the request at the September 17, 2001 special meeting and unanimously recommended approval of OZ- 01 -07. At that meeting, several citizens voiced concerns over potential drainage issues arising from development. RECOMMENDATIONS Staff recommends approval of OZ- 01 -07, rezoning the subject property from IL (Industrial Light) to RS -3 (Residential Single- Family, High Density). ATTACHMENTS 1. Location Map 2. Staff Report for OZ -01 -07 CITY OF OWASSO Planning Department OZ -01 -07 Staff Report Donna S. Sorrells — City Planner BACKGROUND D. M. Sokolosky, applicant, has submitted a request for rezoning from IL (Industrial Light) to RS -3 (Residential Single - Family, High Density) on property located approximately 1/8 mile east of N. Mingo Road and south of E. 116`h Street N. The subject property is approximately 15 acres in size. The subject property is bound on the north by rural residential and the Kingdom Hall of Jehovah's Witnesses, zoned AG (Agriculture); on the east by railroad right -of -way and further by the Owasso Sports Complex, zoned AG (Agriculture); on the west by vacant undeveloped property zoned RD (Residential Duplex) and CS (Commercial Shopping); and on the south by vacant undeveloped land zoned AG (Agriculture). ANALYSIS The Owasso 2010 Land Use Master Plan designates the subject property as light industrial. The Owasso Planning Commission and City Council approved rezoning of the subject. property to IL (Industrial Light) in February 2001 and April 2001, respectively. As the request currently before the Planning Commission represents a use less intense than that reflected on the comprehensive plan, staff is supportive. If, however, the requested rezoning is approved, the corresponding Planned Unit Development, OPUD- 01 -01, shall subsequently require amendment or abandonment prior to the processing of any plat associated with the subject property. Letters were mailed to surrounding property owners on August 21, 2001 and legal notification of the proposed rezoning was published in the August 23, 2001 edition of the Owasso Reporter. Staff received one e-mail message from a citizen opposing, and one letter supporting this application. Copies of the correspondence are attached for your information and review. RECOMMENDATION Staff recommends approval of OZ- 01 -07. ATTACHMENTS 1. Location Map 2. Rezoning Application 3. Legal Description 4. Letter of Support 5. Letter of Objection 6. Letter to Property Owners 7. Legal Notification n ' 7) J e /4 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: REZONING OZ -01 -07 DATE: September 24, 2001 17 1 a, I A11 D. M. Sokolosky, applicant, has requested approval of a rezoning application. The subject property is 15 acres, more or less, and is located approximately 1/8 mile east of N. Mingo Road and south of E. 116°i Street N. The applicant is requesting rezoning on the subject property from IL (Industrial Light) to RS -3 (Residential Single - Family, High Density). The Owasso Planning Commission reviewed the request at the September 17, 2001 special meeting and unanimously recommended approval of OZ- 01 -07. At that meeting, several citizens voiced concerns over potential drainage issues arising from development. RECOMMENDATIONS Staff recommends approval of OZ- 01 -07, rezoning the subject property from IL (Industrial Light) to RS -3 (Residential Single- Family, High Density). ATTACHMENTS 1. Location Map 2. Staff Report for OZ -01 -07 CITY OF OWASSO Planning Department OZ -01 -07 Staff Report Donna S. Sorrells — City Planner BACKGROUND D. M. Sokolosky, applicant, has submitted a request for rezoning from IL (Industrial Light) to RS -3 (Residential Single - Family, High Density) on property located approximately 1/8 mile east of N. Mingo Road and south of E. 116`h Street N. The subject property is approximately 15 acres in size. The subject property is bound on the north by rural residential and the Kingdom Hall of Jehovah's Witnesses, zoned AG (Agriculture); on the east by railroad right -of -way and further by the Owasso Sports Complex, zoned AG (Agriculture); on the west by vacant undeveloped property zoned RD (Residential Duplex) and CS (Commercial Shopping); and on the south by vacant undeveloped land zoned AG (Agriculture). ANALYSIS The Owasso 2010 Land Use Master Plan designates the subject property as light industrial. The Owasso Planning Commission and City Council approved rezoning of the subject property to IL (Industrial Light) in February 2001 and April 2001, respectively. As the request currently before the Planning Commission represents a use less intense than that reflected on the comprehensive plan, staff is supportive. If, however, the requested rezoning is approved, the corresponding Planned Unit Development, OPUD- 01 -01, shall subsequently require amendment or abandonment prior to the processing of any plat associated with the subject property. Letters were mailed to surrounding property owners on August 21, 2001 and legal notification of the proposed rezoning was published in the August 23, 2001 edition of the Owasso Reporter. Staff received one e-mail message from a citizen opposing, and one letter supporting this application. Copies of the correspondence are attached for your information and review. RECOMMENDATION Staff recommends approval of OZ- 01 -07. ATTACHMENTS 1. Location Map 2. Rezoning Application 3. Legal Description 4. Letter of Support 5. Letter of Objection 6. Letter to Property Owners 7. Legal Notification