HomeMy WebLinkAbout736_OZ 02-09_W 129 E Ave_N 96 St_ RE to CSTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO
ORDINANCE NO. 736
AN ORDINANCE APPROVING ZONING APPLICATION NUMNER OZ 02-09
CHANGING THE ZONING OF PROPERTY LOCATED IN THE EAST
HALF (E/2) OF THE EST HALF (E/4) OF SECTION 17, TOWNSHIP 21
NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM RE
(RESIDENTIAL SINGLE FAMILY ESTATE) DISTRICT TO CS
(COMMERCIAL SHOPPING CENTER) DISTRICT, AND REPEALING ALL
ORDINANCES OR PART OF ORDINANES 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-
02-09.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITI
OF OWASSO, OKLAHOMA,
Section 1. The zoning classification of the following described property, to wit:
A 5.0 ACRE TRACT OF LAND IN THE EAST HALF (E/2) OF THE EAST HALF (E/2)
OF SECTION 17, T 21 N, R 14 E OF THE INDIAN BASE AND MERIDIAN, TULSA
COUNTY, STATE OKLAHOMA, ACCORDING TO THE U.S.GOVERNMENT
SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS TO WIT:
BEIGNNING AT THE EAST QUARTER CORNER OF SAID SECTION 17, THENCE
NORTHERLY ALONG THE EASTERLY LINE THEREOF FOR 9.80 FEET; THENCE
WESTERLY ALONG A DEFLECTION ANGLE TO THE LEFT OF 90°00'37" FOR
688.16 FEET; THENCE SOUTHERLY ALONG A DEFLECTION ANGLE TO THE
LEFT OF 89°59'23" AND PARALLEL TO THE EASTERLY LINE OF SECTION 17
FOR 326.39 FEET; THENCE EASTERLY ALONG A DEFLECTION ANGLE TO THE
LEFT OF 91°39'27" FOR 688.45 FEET TO A POINT ON SAID EASTERLY LINE OF
SECTION 17; THENCE NORTHERLY ALONG A DEFLECTION ANGLE TO THE
LEFT OF 88°20'33" AND ALONG SAID EASTERLY LINE OF 296.80 FEET TO THE
POINT OF BEGINNING OF SAID 5.0 ACRE TRACT.
be, and the same is hereby zoned from RE (Residential Single Family Estate) District to CS
(Commercial Shopping Center) 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are hereby expressly repealed.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 7th day of January, 2003.
CITY OF OWSSO, OKLAHOMA
OFFICIAL
By; Michael Helm, Mayor
Marcia Boutwell, City C erk
APPROVED AS TO FORM
APPROVED AS TO CONTENT
Ordinance #73 6 - Rezoning
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: OZ -02 -09
VICCI NANCE
DATE: December 10, 2002
BACKGROUND:
The City of Owasso has received a request for the rezoning of approximately 5.00 acres + / -. The
subject property is located approximately 2400 feet north of the E. 96th St. N. and N. 12911 East
Ave. intersection. A general area map has been included with your packet.
The applicant is proposing to rezone the subject property from RE (Residential Single Family
Estate District) to CS (Commercial Shopping District) to allow for convenience shopping uses,
primarily restaurants.
ANALYSIS:
Staff believes that CS is an appropriate zoning classification for the subject site. The City of
Owasso 2010 Master Plan classifies the property as having a future land use of high intensity
commercial. By approving the request for a CS zoning classification, staff feels that the
implementation process of the Master Plan will be further expedited by assisting the parcel to the
south in transitioning to a commercial use. Additionally, staff finds that the transportation and
utility infrastructure serving the site are adequate for CS zoning.
TECHNICAL ADVISORY COMMITTEE:
The Technical Advisory Committee reviewed the application at the November 27, 2002 Regular
Meeting. Staff or utility providers provided no comments.
PLANNING COMMISSION:
The City of Owasso Planning Commission on Monday, December 9, 2002 heard the OZ -02 -09
application. The Owasso Planning Commission unanimously recommended approval of the
request.
If the request is approved, an ordinance will be presented at the January 7, 2003 City Council
meeting formally adopting the approval.
RECOMMENDATION:
Staff recommends City Council approval of OZ 02 -09, thus rezoning approximately 5.00 acres
from RE (Residential Single Family Estate District) to CS (Commercial Shopping District).
ATTACHMENTS:
1. General Area Map.
2. Planning Commission Staff Report.
3. Legal Advertisement.
4. Letter to Surrounding Property Owners.
Tulsa
City of Owasso
SUBJECT
PROPERTY
CITY OF OWASSO
GENERAL AREA MAP
OZ -02 -09
VICCI NANCE
SECTION 17, T 21 N, R 14 E
96TH E. AVE.
Community Developmi
Department
111 N. Main
Owasso, OK 74055
Ph. 918.376.1543
Fax. 918.376.1597
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OZ -02 -09
( Vicci Nance)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Vicci Nance, applicant, on behalf of Doug
Penn, owner, for the review of a rezoning for approximately 5.00 acres + / -. The subject
property is located approximately 2400 feet north of the 96th St. N. and 129th E. Ave.
intersection. The applicant is proposing to rezone the subject property from RE
(Residential Single Family Estate District) to CS (Commercial Shopping District) in order
to accommodate restaurant uses.
LOCATION
See attached legal description.
EXISTING LAND USE
Vacant
SURROUNDING LAND USE
North:
Vacant
South:
Vacant
East:
Residential - Single Family
West:
Vacant
RE (Residential Single Family Estate District)
SURROUNDING ZONING
North: RE (Residential Estate District)
South: OL (Office Low Intensity District)
East: RE (Residential Estate District)
West: RS -3 (Residential Single Family High Density District)
If the application is approved, the subject property would be zoned CS (Commercial
Shopping District). According to the City of Owasso Zoning Code, a restaurant, other than
a drive -in, falls within Use Unit 12 (Eating Places Other Than Drive -Ins) and is permitted
by right in the CS zoning district.
COMPREHENSIVE PLAN CONSISTENCY
The Owasso 2010 Master Plan identifies the subject property as having a future land use of
high intensity commercial. Staff feels that the proposal is consistent with the Master Plan in
that the applicant is proposing a commercial zoning classification and use that are
considered low intensity commercial and non - residential in nature.
ANALYSIS
As previously stated, the applicant is requesting this rezoning in order to accommodate
commercial shopping uses, primarily restaurants. Staff feels that restaurants are an
appropriate use given commercial development to the south and the similar, associated uses
in nearby development and in the Owasso Market.
Staff did have initial concerns regarding the fact that the applicant is requesting a "leap-
frog" zoning classification. Typically, staff would be less supportive of an application that,
much like this application, requests a zoning classification order along the same street
frontage from south to north of CS (Commercial Shopping District) - OL (Office Low
Intensity District)- CS (Commercial Shopping District). However, staff believes that in
this particular case, leap- frogging the zoning classification would help expedite the
implementation process of the Master Plan by assisting the OL parcel to the south in
transitioning to a commercial use. Additionally, staff finds that the transportation and
utility infrastructure serving the subject tract are adequate for CS zoning.
Staff finds that little, if any significant impact would occur on the surrounding property
owners if this application were approved. The conclusion comes primarily from staff's
commitment to reducing the impact on residential areas from commercial developments by
requiring detention, screening and / or fencing and landscaping at the time of construction.
- - Staff has received no phone calls or letters regarding this zoning request. Staff does not -
anticipate public opposition to the request for CS zoning, and feels that surrounding
property owners will likely be in favor of having restaurants nearby thereby adding certain
neighborhood services not currently in place. Letters were mailed to surrounding property
owners on November 7, 2002 and the legal advertisement was published on November 14,
2002. The subject property was posted on November 14, 2002. Copies of both the letters
to property owners and the legal advertisements are attached for your information and
review.
TECHNICAL ADVISORY COMMITTEE
The rezoning was reviewed at the November 27, 2002 regular meeting of the City of
Owasso Technical Advisory Committee. Staff or utility providers provided no comments.
If this Commission approves the application, this item does require City Council approval.
RECOMMENDATION
Staff recommends approval of OZ- 02 -09, rezoning approximately 5.00 acres + / -, from RE
(Residential Estate District) to CS (Commercial Shopping District).
ATTACHMENTS
1. General Area Map.
2. OZ -02 -09 Application.
3. Legal Notice.
4. Letter to Surrounding Property Owners.
NOTICE TO THE PUBLIC OF A HEARING ON A
PROPOSED AMENDMENT TO THE ZONING ORDINANCE
OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ -02 -09
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 December,
2002.
At that time and place, consideration will be given to the proposed
change of the zoning classification of the following described
property:
A 5.0 acre tract of land in the E 1/2 of the E 1/2 of Section 17, T
21 N, R 14 E of the Indian Base and Meridian, Tulsa County,
State of Oklahoma, according to the U.S. Government Survey
thereof, said tract being described as follows, to wit: Beginning at
the East Quarter Corner of Said Section 17, thence northerly
along the easterly line thereof for 9.80 feet; thence westerly along
a deflection angle to the left of 90 degrees 00'37" for-688.16 -
feet; thence southerly along a deflection angle to the left of 89
degrees 59'23" and parallel to the easterly line of Section 17 for
326.39 feet; thence easterly along a deflection angle to the left of
91 degrees 39'27" for 688.45 feet to a point on said easterly line
of Section 17; thence northerly along a deflection angle to the left
of 88 degrees 20'33" and along said easterly line of 296.80 feet
to the Point of Beginning of said 5.0 acre tract.
The property is further described as 10012 N. 129" E. Ave.,
Owasso, OK.
To be considered is a rezoning of approximately 5.0 acres
from RE (Residential Estate District) to CS (Commercial
Shopping 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 City Planner.
A map showing the proposed rezoning accompanies this notice.
For more information on the proposed rezoning contact the
Owasso City Planner, City Hall, 111 N. Main Street, Owasso,
Oklahoma 74055, or phone (918) 376 -1543.
Dated at Owasso, Oklahoma, this 11th day of November, 2002.
Robert Moore
City Planner
City of Owasso
Department of Community Development
111 North Main Street
P.O. Box 180
Owasso, OK 74055
NOTICE TO PROPERTY OWNER
OZ -02 -09
(918) 376 -1540
FAX (918) 376 -1597
Inspections -376 -1542
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 9`h day of December, 2002. At that time and place, the Owasso Planning
Commission will consider a request from Vicci Nance, applicant for owner, for a proposed
change of the zoning classification from RE (Residential Estate District) to CS (Commercial
Shopping District), which would allow the site to be utilized for commercial and restaurant
uses. The subject property is described as follows:
A 5.0 acre tract of land in the E 1/2 of the E t/2 of Section 17, T 21 N, R 14 E of the Indian
Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government
Survey thereof, said tract being described as follows, to wit: Beginning at the East Quarter
Corner of Said Section 17, thence northerly along the easterly line thereof for 9.80 feet; thence
westerly along a deflection angle to the left of 90 degrees 00'37" for 688.16 feet; thence
southerly along a deflection angle to the left of 89 degrees 59'23" and parallel to the easterly
line of Section 17 for 326.39 feet; thence easterly along a deflection angle to the left of 91
degrees 39'27" for 688.45 feet to a point on said easterly line of Section 17; thence northerly
along a deflection angle to the left of 88 degrees 20'33" and along said easterly line of 296.80
feet to the Point of Beginning of said 5.0 acre tract, further described as 10012 N. 1291' E.
Ave., Owasso, OK.
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 Community
Development Department, PO Box 180, Owasso, OK 74055. These comments will be
presented to the Owasso Planning Commission at the scheduled public hearing by the
Community Development Staff.
Information and maps showing the property location may be inspected in the office of the City
Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376 -1543. This is
your only personal notification of this request.
Dated at Owasso, Oklahoma, this 11th day of November, 2002.
Sincerely,
Robert Moore
City Planner
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: ORDINANCE NO. 736
DATE: December 18, 2002
BACKGROUND:
At the December 17, 2002 meeting, the Owasso City Council approved a rezoning request on
property described as a tract of land in the East -Half (E /2) of the East -Half (E /2) of Section 17,
Township 21 North, Range 14 East from RE (Residential Single Family Estate District) to CS
(Commercial Shopping District).
The subject property is generally located 2400 feet north of the E. 96' St. N. and N. 129 " E. Ave.
intersection and contains 5.00 acres, more or less.
Attached is a copy of Ordinance No. 736 that formally adopts the City Council's action of
December 17, 2002.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 736.
ATTACHMENT:
1. Ordinance No. 736.
CITY OF OWASSO
ORDINANCE NO. 736
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-02-
09 CHANGING THE ZONING OF PROPERTY LOCATED IN THE EAST
HALF (E /2) OF THE EAST HALF (E /2) OF SECTION 17, TOWNSHIP 21
NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM RE
(RESIDENTIAL SINGLE FAMILY ESTATE) DISTRICT TO CS
(COMMERCIAL SHOPPING CENTER) 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 or against the requested rezoning of application OZ-
02-09.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, THAT,
Section 1. The zoning classification of the following described property, to wit:
A 5.0 ACRE TRACT OF LAND IN THE EAST HALF (E/2) OF THE EAST HALF (E/2)
OF SECTION 17, T 21 N, R 14 E OF THE INDIAN BASE AND MERIDIAN, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO WIT:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 17, THENCE
NORTHERLY ALONG THE EASTERLY LINE THEREOF FOR 9.80 FEET; THENCE
WESTERLY ALONG A DEFLECTION ANGLE TO THE LEFT OF 90 000'37" FOR
688.16 FEET; THENCE SOUTHERLY ALONG A DEFLECTION ANGLE TO THE
LEFT OF 89 059'23" AND PARALLEL TO THE EASTERLY LINE OF SECTION 17
FOR 326.39 FEET; THENCE EASTERLY ALONG A DEFLECTION ANGLE TO THE
LEFT OF 91 039'27" FOR 688.45 FEET TO A POINT ON SAID EASTERLY LINE OF
SECTION 17; THENCE NORTHERLY ALONG A DEFLECTION ANGLE TO THE
LEFT OF 88 020'33" AND ALONG SAID EASTERLY LINE OF 296.80 FEET TO THE
POINT OF BEGINNING OF SAID 5.0 ACRE TRACT.
be, and the same is hereby zoned from RE (Residential Single Family Estate) District to CS
(Commercial Shopping Center) 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 7ih day of January, 2003.
ATTEST:
Marcia Boutwell, City Clerk
CITY OF OWASSO, OKLAHOMA
By:
Michael Helm, Mayor
APPROVED AS TO FORM:
Stephen P. Gray, City Attorney
APPROVED AS TO CONTENT:
Robert Moore, City Planner
Ordinance #736 - Rezoning