Loading...
HomeMy WebLinkAbout739_OZ 02-10_S E 116 St N_E N Garnett_Ag to RS-3Tulsa County Clerk - EARLENE WILSON Doc# 03025699 Pgs I B/P 6944/0204-0204 Receipt # 638786 02/25/03 12:55:14 Fee 13.00 000638786012 CITY OF OWASSO ORDINANCE NO. 739 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 02-10 CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHEAST QUARTER (NE/4) OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4) AND THE NORTH HALF (N/2) OF THE SOUTHEAST QUARTER (SE/4) OF THE NORTHEAST QUARTER (NE/$) OF THE NORTHWEST QUARTER (NW/4) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURAL GENERAL) 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 of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 02-10. 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: NE/4 NE/4 NW/4 AND N/2 SE/4 NE/4 NW/4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES, MORE OR LESS. be, and the same is hereby zoned from AG (Agricultural General) 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 That all ordinances or parts of ordinances in conflict herewith be, and the carne are hereby expressly repealed. APPROVED this 4th day of February, 2003. Michael Helm, Mayor Marcia Boutwell, City Clerk Robert Moore, City Planner 739 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: OZ 02 -10 DATE: January 13, 2003 BACKGROUND: The City of Owasso has received a request for the review of a rezoning of approximately 15.00 acres, more or less. The subject property is located on the south side of E. 116th St. N. approximately 1700 feet east of the intersection of E. 116th St. N. and N. Garnett Rd. A general area map and a complete legal description have been included with your packet. The applicant is proposing to rezone the property from AG (Agricultural General District) to RS- 3 (Residential Single Family High Density District) which would allow the site to be utilized for single family residential uses. Staff has received no phone calls or letters regarding this zoning request and does not anticipate public opposition to the request for RS -3 zoning. Letters were mailed to surrounding property owners on December 12, 2002 and the legal advertisement was published on December 19, 2002. The subject property was posted on December 19, 2002. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the application at their December 30, 2002 regular meeting. No comments were provided by staff or utility providers. PLANNING COMMISSION: The Owasso Planning Commission at the January 13, 2003 regularly scheduled meeting unanimously recommended approval of the petition. If the request is approved by the City Council, an ordinance will be presented at the February 4, 2003 City Council meeting formally adopting the approval. OZ -02 -10 January 13, 2003 Page 2 RECOMMENDATION: Staff recommends Council approval of the request to rezone approximately 15.00 acres, more or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report. 3. OZ 02 -10 Application. 4. Letter to Surrounding Property Owners. 5. Legal Notice. GENERAL AREA MAP CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OZ 02-10 OWASSO LAND TRUST, LLC 111 North Main Strm P.O. Box 180 PH: (918)3761500 FAX: (918) 3761597 Owasso, OK 74055 CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OZ -02 -10 (Owasso Land Trust, L.L.C.) STAFF REPORT BACKGROUND The City of Owasso has received a request from Owasso Land Trust, L.L.C., applicant/owner, for the review of a rezoning for approximately 15.00 acres, more or less. The subject property is located on the south side of E. 116th St. N. approximately 1700 feet east of the intersection of E. 116th St. N. and N. Garnett Rd. The applicant is proposing to rezone the subject property from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). The applicant is also seeking concurrent approval of the Momingwood Preliminary Plat, an addition to the City of Owasso containing 58 lots within 2 blocks. A complete legal description and general area map have been attached for your information and review. LOCATION See attached legal description. EXISTING LAND USE Vacant SURROUNDING LAND USE North: Residential — Single Family South: Vacant East: Residential — Single Family West: Residential — Single Family AG (Agricultural General District) SURROUNDING ZONING North: AG (Agricultural General District) — Tulsa County South: AG (Agricultural General District) — Tulsa County East: AG -R (Agricultural Residential Single Family District) — Tulsa County West: AG (Agricultural General District) — Tulsa County If this application is approved, the subject property would be zoned RS -3 (Residential Single Family High Density District). According to the City of Owasso Zoning Code, single- family residential uses fall within Use Unit 6 (Single Family Dwelling) and are permitted by right in the RS -3 zoning district. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of public and low density residential. The applicant's proposal would seem to be inconsistent with the approved 2010 Master Plan based simply on the fact that the applicant is proposing a high intensity residential use. However, staff feels that the proposal is consistent with the Master Plan for several reasons. First, the Master Plan labels the north half of the subject property as having a future land use of public. Assuming that the north half did develop with a public use, this would be the third such land use category in this section. Staff feels that by approving a use of high intensity residential on this site in lieu of a public use, further opportunities for home ownership would be provided and still be adequately served by the additional surrounding public uses. Second, the plan identifies the southern half of the site as having a future land use of low intensity residential. The applicant's rezoning request is for RS -3 (Residential Single Family High Density District) which would seem to be inconsistent. However, based on the definition of low density residential uses in the Master Plan, the inconsistency would seem to be a matter of semantic confusion. The Master Plan defines low density residential as having a density of 2 — 5 dwelling units per acre. The Momingwood Preliminary Plat, which the applicant is seeking concurrent review with this rezoning petition, contains 58 lots on 15.00 acres with a density of 3.8 units per acre and consistent with the stated definition of low density residential uses per the City of Owasso 2010 Master Plan. ANALYSIS As previously stated, the applicant is requesting concurrent review of this application in order to construct 58 homes on 2 blocks. Staff feels that single family uses are appropriate for this location. Staff finds little if any reason to deny the requested zoning change. As previously stated, the applicant's proposal and that of the Momingwood Preliminary Plat are considered by staff to be consistent with the Owasso 2010 Master Plan. Additionally, staff feels that the proposal wvuld set an aesthetically pleasing precedent in the area and provide for further home ownership opportunities within the City of Owasso. The site, once developed will receive residential water service from Washington County Rural Water District # 3. The subject property will receive sanitary sewer service from the City of Owasso. Staff has received no phone calls or letters regarding this zoning request. Staff does not anticipate public opposition to the request for RS -3 zoning. Letters were mailed to surrounding property owners on December 12, 2002 and the legal advertisement was published on December 19, 2002. The subject property was posted on December 19, 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 December 30, 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 Staff recommends approval of OZ- 02 -10, rezoning approximately 15.00 acres + / -, from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). ATTACHMENTS 1. General Area Map. 2. OZ -02 -10 Application. 3. Legal Notice. 4. Letter to Surrounding Property Owners. GENERAL CITY OF OWASSO P.O. BOX 180 0 WASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 REZONING APPLICATION PRESENT ZONING AG' PRESENT USE i�cczn F PROPOSED ZONING R S- 3 PROPOSED USE LEGAL IIESCRIPTION OF LAIyD UNDER APPLICATION (If by metes and bounds, attach plat of survey) all; 4 tq E 4 hl W U r, v,d Address Address or General Location of Subject Property As applicant, what is your interest in this property? Name of person to be billed foVplication Phone 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 SUBMITTAL DATE I OPC MEETING DATE FEE RECEIPT NUMBER APPROVED DENIED City of Owasso Department of Community Development 111 North Main Street P.O. Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OZ -02 -10 (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 13`h day of January, 2003. At that time and place, the Owasso Planning Commission will consider a request from the Owasso Land Trust, L.L.C., applicant for owner, for a proposed change of the zoning classification from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District), which would allow the site to be utilized for single - family residential uses. The subject property is described as follows: NE /4 NE /4 NW /4 AND N/2 SE /4 NE /4 NW /4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES, MORE OR LESS. The property is further described as lying on the south side of E. 116th St. N. approximately 1700 feet east of the intersection of E. 116th St. N. and N. Garnett Rd., 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 12th day of December, 2002. Sincerely, Robert Moore City Planner NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDNIENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -02 -10 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 13th day of January, 2003. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: NE /4 NE /4 NW /4 AND N/2 SE /4 NE /4 NW /4 OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 15 ACRES, MORE OR LESS. The property is further described as lying on the south side of E. 116'h St. N. approximately 1700 feet east of the intersection of E. 116`h St. N. and N. Garnett Rd., Owasso, OK. To be considered is a rezoning of approximately 15.00 acres, more or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density 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 12th day of December, 2002. Robert Moore City Plarmer MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ORDINANCE NO. 739 DATE: January 22, 2003 BACKGROUND: At the January 21, 2003 meeting, the Owasso City Council unanimously approved a request for the rezoning of approximately 15.00 acres, more or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). The subject property is located on the south side of E. 116th St. N. approximately 1700 feet east of the E. 116th St. N. and N. Garnett Rd. intersection. Attached is a copy of Ordinance No. 739, which formally adopts the City Council's action of January 21, 2003. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 739. ATTACHMENTS: 1. Ordinance No. 739. 111TH ST. FOX MEADOWS EST, SUBJECT 109TH PROPERTY 107TH ST. 105TH ST. 104TH ST BAILEY RANCH ESTATES 103RD ST. GENERAL AREA MAP CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OZ 02-10 OWASSO LAND TRUST' LLC NORTH 111 North Main Sheet P.O. Box 180 PH: (918) 3761500 FAX: (918) 3761597