HomeMy WebLinkAbout752_OZ 03-02_NW 116 St N & Garnett Rd AG TO RS-3Tulsa County Clerk - Earlene Wilson
Doc # 03075047
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 752
AN ORDINANCE APPROVING ZONING APPICATION NO OZ-03-02
CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA
COUNTY, OKLAHOMA, FROM AG AGRICULTURAL DISTRIC TO RS-3
RESIDENTIAL SINGLE-FAMILY DISTRICT, AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, public hearing shave 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 statement for or against the requested rezoning of application OZ-
03-02.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLHAOMA, THAT:
Section 1. The zoning classification fo the following described proerty, to wit:
COMMENCING AT THE SE CORNER OF THE SE/4 OF SECTION 6, TOWNSHIP 21N,
RANGE 13E OF THE I.B.&M.; THENCE N00°05'14"E ALONG THE EAST LINE OF
SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE NORTH ALONG SAID EAST LINE, A DISTANCE OF 70.48 FEET
TO THE SE CORNER OF THE NE/4 OF SAID SECTION ;THENCE N 00°05'19"E
ALONG THE EAST LINE OF SAID NE/4, A DISTANCE OF 558.01 FEET; THENCE
N 89°39'43"W, A DISTANCE OF 485.00 FEET; THENCE N00°05'08"E, A DISTANCE OF
100.00 FEET; THENCE N89°39'43"W, A DISTANCE OF 176.76 FEET; THENCE
S00°06'48"W, A DISTANCE OF 634.24 FEET; THENCE S00°01'50"W, A DISTANCE OF
294.08 FEET; THENCE S 89°41'20"E, A DISTANCE OF 300.00 FEET; THENCE
N00°04'37"E, A DISTANCE OF 1996.62 FEET; THENCE S89°40'22"E, A DISTANCE OF
361.78 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 11.33
ACRES, MORE OR LESS,
be, and the same hereby is, zoned from AG (Agricultural) to RS-3 (Residential Single-Family
High Density).
Section 2. That all ordinances or parts of ordinances in conflict herwith be, and the same
are hereby expressly repealed.
PASSED AND APPROVED this 20th day of May, 200.
Gary Cockran, Mayor
ATTEST:
Marcia Bouuwell, city Clerk
APPROVED AS TO FORM:
Stephen P. Gray, City Attorney
APPROVED AS TO CONTENT:
Eric Wiles, community Development Director
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE 752 — REZONING #OZ -03 -02
DATE: May 14, 2002
BACKGROUND:
The City Council approved the rezoning of 11 acres of property from AG (Agricultural) to RS -3
(Residential Single - Family High Density) on April 15, 2003. The property is located on the west
side of North Garnett Road about' /4 mile south of East 126°i Street North.
Attached is a copy of Ordinance No. 752, formally adopting the City Council's action of April 15,
2003.
RECOMMENDATION:
The staff recommends Council approval of ordinance 752.
ATTACHMENT:
Ordinance No. 752
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: OZ 03-02 — DG &S PROPERTIES
DATE: April 8, 2003
BACKGROUND:
The City of Owasso has received a request from DG &S Properties for the review of a rezoning
for approximately 11.33 acres, more or less. The subject property is located on the west side of
N. Garnett Rd., approximately 2,640 feet north of the E. 116°i St. N. and N. Garnett Rd.
intersection. A general area map and a complete legal description have been attached for your
information and review.
The applicant is proposing to rezone the subject property from AG (Agricultural General District)
to RS -3 (Residential Single Family High Density District) for the purpose of completing Country
Estates VI, a residential subdivision. Furthermore, the subject site would receive residential water
service from Washington County Rural Water District #3 upon approval. Residential sewer
service would be provided by the City of Owasso.
ANALYSIS:
The Owasso 2010 Master Plan identifies the subject property as having a future land use of low -
density residential. The land use description related to low- density residential in the Owasso
Master Plan is comprised of three components. The components are listed below:
Excerpts) from the Owasso 2010 Master Plan:
LOW DENSITY RESIDENTIAL (2 — 5 dwelling units per acre)
Composed of traditional single family detached housing.
Serve as transition zones between higher intensity uses and rural residential.
Suited to areas that contain or are projected to contain municipal sewer service.
The Country Estates VI preliminary plat was also heard at the April 7, 2003 Planning Commission
meeting and is comprised of the area to be rezoned in this application. The Country Estates VI
preliminary plat proposes a density of 3.26 dwelling units per acre, which is well within the stated
density discussed in the Owasso 2010 Master Plan. Furthermore, the plat proposes traditional
single family detached housing with residential sewer service available on site. Therefore, based
on the above definitions and the proposed density of the Country Estates VI preliminary plat, staff
finds the rezoning request to be consistent with the Owasso 2010 Master Plan.
TECHNICAL ADVISORY CONE IITIEE:
The rezoning request was reviewed at the March 26, 2003 regular meeting of the City of Owasso
Technical Advisory Committee. Staff or utility providers provided no comments.
PLANNING COMMISSION:
The Owasso Planning Commission at the April 7, 2003 regularly scheduled meeting heard the rezoning
request. The request was recommended for approval by a 4 — 0 vote, as Commissioner Williams was
not in attendance.
If the request is approved by the City Council, an ordinance will be presented at the May 6, 2003 City
Council meeting formally adopting the approval.
RECOMMENDATION:
Staff recommends City Council approval of OZ 03 -02, thus rezoning approximately 11.33 acres, more
or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density
District).
1. General Area Map.
2. Planning Commission Staff Report (w /o attachments)
3. OZ 03 -02 Application.
4. Legal Notice.
5. Letter to Surrounding Property Owners.
E. 126th St. N.
PROPER
GENERAL AREA MAP3 -0603 CITY OF OWASSO
COMMUNITY DEVELOPMENT
OZ 03 -02
DEPARTMENT
DG &S Properties NORTH 111 North Main Sheet PH: (918)37&1500
P.O. Box 180 FAX: (918) 3761597
FOR INFORMATIONAL PURPOSES ONLY
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OZ -03 -02
(DG &S Properties)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from DG &S Properties, applicant/owner, for
the review of a rezoning for approximately 11.33 acres, more or less. The subject
property is located on the west side of N. Garnett Rd., approximately 2,640 feet north of
the E. 116`s St. N. and N. Garnett Rd. intersection.
The applicant is proposing to rezone the subject property from AG (Agricultural General
District) to RS -3 (Residential Single Family High Density District) for the purpose of
completing Country Estates VI, a residential subdivision. A general area map and a
complete legal description 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: Residential — Single Family
East: Vacant
West: Residential — Single Family
PRESENT ZONING
AG (Agricultural General District)
SURROUNDING ZONING
North: RS -3 (Residential Single Family High Density District)
South: RS -3 (Residential Single Family High Density District)
East: AG (Agricultural General District) — Tulsa County
West: RS -3 (Residential Single Family High Density District)
ZONING REQUIREMENTS
If the 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 Dwellings) 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 low- density residential. The applicant is proposing a zoning classification that is
considered high density in nature. This high- density zoning classification would seem to
be inconsistent with the future land use; however staff finds the disagreement in
designation to merely be a matter of semantic disagreement rather than one of substance.
The land use description related to low- density residential in the Owasso Master Plan is
comprised of three components. The components are listed below:
LOW DENSITY RESIDENTIAL (2 — 5 dwelling units per acre)
- Composed of traditional single family detached housing.
- Serve as transition zones between higher intensity uses and rural residential.
- Suited to areas that contain or are projected to contain municipal sewer service.
Assuming a positive recommendation from this Commission, the Country Estates VI
preliminary plat is to be heard on the April 7, 2003 agenda and is comprised of the area to
be rezoned in this application. The Country Estates VI preliminary plat proposes a
density of 3.26 dwelling units per acre, which is well within the stated density discussed
in the Owasso 2010 Master Plan. Furthermore, the plat proposes traditional single family
detached housing with residential sewer service available on site. Therefore, based on
the above definitions and the proposed density of the Country Estates VI preliminary plat,
staff finds that the rezoning request is consistent with the Owasso 2010 Master Plan.
ANALYSIS
The applicant is requesting this review in order to complete Country Estates VI, a
residential subdivision. The applicant has completed the infrastructure and utility
construction while the property remained in Tulsa County. The applicant has also
forwarded copies of the construction plans and preliminary plat to ensure that the
property would meet City of Owasso development standards. City of Owasso Public
Works Department staff has informed this office that all infrastructure construction
completed to date meets City of Owasso development standards.
Staff has received no phone calls or letters regarding this zoning request. Staff does not
anticipate public opposition to the request for the rezoning. Letters were mailed to
surrounding property owners on March 6, 2003 and the legal advertisement was
published in the Owasso Reporter on March 13, 2003. Copies of both the letter to
property owners and the legal advertisement are attached for your information and
review.
TECHNICAL ADVISORY COMMITTEE
The rezoning was reviewed at the March 26, 2003 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- 03 -02, rezoning approximately 11.33 acres, from AG
(Agricultural General District) to RS -3 (Residential Single Family High Density District).
ATTACHMENTS
1. General Area Map.
2. OZ -03 -02 Application.
3. Legal Notice.
4. Letter to Surrounding Property Owners.
Jan 15 03 04:53p OwassoCommunrty0evelopmnt 918 376 1597
CITY OF
REZONING APPLICATION
GENER.ALLO
PRESENT ZONING
PROPOSED USE
LEGAL DESCRIPTION OF LAND UNDER APPLICATION
SEE 4TTAcF4eD (Ifby metes and bounds, attach plat ut s Irver)
Name and Address ol'Record Owner
applicant, what Is your Interest In this propert),
❑Present Owner DAgent for Owner
❑Purchaser
Owner
Addres's ur General Location of
Subject Proper
Name ofperson to be
1 DO HEREBY CERTIFY THAT THE INFORMATION HEREIN
SUBMITTED IS COMPLETE. TALIE AND
Please >ubmit the completed application form and application tee along will, a Certified 100' Radius Report
an Abstract Company) to the Owasso City Planner on or before the Planning Commission
submittal deadline as shaven on the official City of Owasso calendar. The applicant and /or the spplicaat's
consultant should attend the Ylamcing Commission meetings at which the Supplrmentaf Zoning Will be
rerien etl.
Fee Schedule
0- 0.99 acres
$75
I- 4.99 acres
100
5 -19.99 acres
150
20 + acres
200
NOTICE TO THE PUBLIC OF A BEARING ON A
PROPOSED AMENDMENT TO THE ZONING ORDINANCE
OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ -03-02
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 7th day of April, 2003.
At that time and place, consideration will be given to the proposed
change of the zoning classification of the following described property:
COMMENCING AT THE SE CORNER OF THE SEA OF SAID
SECTION 6; THENCE N00 °05'14 "E ALONG THE EAST LINE
OF SAID SEA, A DISTANCE OF 2,560.45 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE NORTH
ALONG SAID EAST LINE, A DISTANCE OF 70.48 FEET TO
THE SE CORNER OF THE NE /4 OF SAID SECTION; THENCE
N00 °05' 19 "E ALONG THE EAST LINE OF SAID NE /4, A
DISTANCE OF 558.01 FEET; THENCE N89 °39'43 "W, A
DISTANCE OF 485.00 FEET; THENCE N00 °05'08 "E, A
DISTANCE OF 100.00 FEET; THENCE N89 °39'43 "W, A
DISTANCE OF 176.76 FEET; THENCE S00 °06'48 "W, A
DISTANCE OF 634.24 FEET; THENCE S00 °01'50 "W, A
DISTANCE OF 294.08 FEET; THENCE S89 °41'20 "E, A
DISTANCE OF 300.00 FEET; THENCE N00 °04'37 "E, A
DISTANCE OF 199.62 FEET; THENCE S89 °40 "22 "E, A
DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING,
SAID TRACT CONTAINING 11.33 ACRES, MORE OR LESS.
The property is further described as lying on the west side of N.
Garnett Rd. approximately 2,640 feet north of the N. Garnett Rd.
and E. I I6s' St. N. intersection, Owasso, OK.
To be considered is a rezoning of approximately 11.33 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 6th day of March, 2003.
Robert Moore
City Planner
City of Owasso
Department of f'Community Development
111 North Main Street
P.O. Box 130
Owasso, OK 74055
(913) 376 -1540
FAX (913) 376 -1597
Inspections- 376 -1542
www. ci tyo fo wass o. c o m
NOTICE TO PROPERTY OWNER
OZ -03 -02
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 7th day of April, 2003. At that time and place, the Owasso Planning Commission will
consider a request from DG &S Properties, applicant/owner, for a proposed change of the zoning
classification of approximately 11.33 acres, more or less from AG (Agricultural General District)
to RS -3 (Residential Single Family High Density District). The subject property is described as
follows:
A TRACT OF LAND IN A PART OF THE E/2 OF SECTION 6, TOWNSHIP 21 NORTH,
RANGE 14 EAST, OF THE INDIAN BASE & MERIDIAN, CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SE CORNER OF THE SEA OF SAID SECTION 6; THENCE
N00 °05' 14 "E ALONG THE EAST LINE OF SAID SEA, A DISTANCE OF 2,560.45 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID EAST LINE, A
DISTANCE OF 70.48 FEET TO THE SE CORNER OF THE NEA OF SAID SECTION;
THENCE N00 °05'19 "E ALONG THE EAST LINE OF SAID NEA, A DISTANCE OF 558.01
FEET; THENCE N89 °39'43 " W, A DISTANCE OF 485.00 FEET; THENCE N00 005'08 "E, A
DISTANCE OF 100.00 FEET; THENCE N89 °39'43 "W, A DISTANCE OF 176.76 FEET;
THENCE S00 °06'48 "W, A DISTANCE OF 634.24 FEET; THENCE S00 °01'50 "W, A
DISTANCE OF 294.08 FEET; THENCE S89 °41'20 "E, A DISTANCE OF 300.00 FEET;
THENCE N00 °04'37 "E, A DISTANCE OF 199.62 FEET; THENCE S89 °40'22 "E, A
DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING, SAID TRACT
CONTAINING 11.33 ACRES, MORE OR LESS.
The property is further described, as lying on the west side of N. Garnett Rd. approximately 2,640
feet north of the N. Garnett Rd. and E. 116th St. N. intersection, 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 6th day of March, 2003.
Sincerely,
Robert Moore
City Planner