HomeMy WebLinkAbout753_OZ 03-03_ SW C Birtch & E 3rd Ave RS-3 to CGTulsa County Clerk - EARLENE WILSON
Doc# 03075048 Pgs 1 B/P 7021/2439-2439
Receipt # 657715 05/27/03 14:19:32
Fee 13.00
000657715016
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 753
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-03-03
CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHEAST
QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA
COUNTY, OKLAHOMA, FROM RS-3 RESIDENTIAL SINGLE-FAMILY
DISTRICT TO CG GENERAL COMMERCIAL 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-
03-01
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:
Lot 1, Block 30, Original Town of Owasso, An Addition to the City of Owasso, Tulsa
County, State of Oklahoma
be, and the same hereby is, zoned from RS-3 (Residential Single-Family High Density) to CG
(Commercial General).
.Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby expressly repealed.
MarcikBoutwell, City er
StejpVen P. Gray, City
APPROVED AS TO CONTENT:
Eric Wiles, Community Development Director
Gary, Mayor
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: OZ 03-03 — SCOTT MOODY
DATE: April 8, 2003
BACKGROUND:
The City of Owasso has received a request from Scott Moody for the review of a rezoning for
approximately .32 acre, more or less. The subject property is located at the southwest corner of
the S. Birch St. and E. 3`" Ave. 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 RS -3 (Residential Single Family
High Density District) to CG (Commercial General District) for the purpose of locating a lawn
care and landscaping office. Upon construction, the subject site would receive commercial water
service from the City of Owasso. Commercial sewer service would also 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. However, by the approval of the Owasso Downtown Development District
Plan, the subject site was designated for a mixture of future land uses such as industrial,
warehousing and City services. The request is, in staff's opinion, consistent with the Owasso
Downtown Development District Plan and should not be considered inconsistent by Owasso 2010
Master Plan standards.
The Owasso 2010 Master Plan does however, recommend that the City develop and implement a
downtown plan. The recommendation to develop a downtown plan is addressed in the Owasso
2010 Master Plan under Issue #6.
Excerpt(s) from the Owasso 2010 Master Plan:
Issue #6
A deteriorating and distressed downtown area
Action Statement:
Develop a downtown district plan.
Action Plan:
- Determine the geographic extents of what should be considered downtown.
- Develop a downtown redevelopment committee or business association composed of
affected landowners, downtown merchants, citizens, and City staff to determine a course
of action.
- Commission a planning study to assess all possible opportunities and constraints of
downtown which could include: overlay zoning controlling landscaping and architecture,
extension of N. I" St. to the service road and a tax increment financing district to
provide funding for public improvements.
- Consider the option of allowing a college design studio class to take on the downtown
area as a class project.
- Develop an overlay zone to assure proper architecture is being considered.
Unfortunately, Issue 96 does not speak to situations arising from a land use designation in the
Owasso Downtown Development District Plan that is inconsistent with the Owasso 2010 Master
Plan. Issue #6 only recommends that the City develop, approve and implement a downtown plan.
Staff suggests that the land use designation delineated in the Owasso Downtown Development
District Plan would and more importantly, should supercede the Owasso 2010 Master Plan
designation.
Assuming the above assertion to be true, the discussion should now focus on the land use
designation listed in the Owasso Downtown Development District Plan. As stated, the plan calls
for a mixture of uses such as industrial, warehousing and City services. Section 4.5 of the
Downtown Development District Plan governs the future land use of this site.
Excerpt(s)from Section 4.5, Owasso Downtown Development District Plan:
- The primary emphasis in this area should be to retain and encourage a mixture of
uses that continue to provide a variety of employment opportunities, products and
services.
- The uses in this area are important because they add to the diversification of the
downtown area.
- Potential redevelopment may occur opportunistically as the business market and
economy dictate.
- The relocation of residents to more stable and viable living environments (such as
north of 76`x' Street) would provide the opportunity to assemble land, concentrate
complementary uses and enhance the business environment in Owasso.
Staff feels that land use implementation strategies in this area should support the retention and
development of a mixture of uses, business products and services. Mr. Moody's application is
requesting a zoning classification that would accommodate a lawn care and landscaping business;
a use which has not and is not currently represented in the downtown area. Therefore, staff can
come to only one conclusion; that the rezoning request by Mr. Moody is consistent with the
stated intent and purpose of the Downtown Development District Plan and should therefore
receive a positive recommendation from staff.
Staff has received several phone calls in opposition of the request. Additionally, staff has made
copies of the required legal notification, site maps and copies of the Downtown Development
District Plan available to concerned area residents. Staff does anticipate several public statements
in opposition of the request for a CG (Commercial General District) zoning designation at the
April 15, 2003 regular meeting of the Owasso City Council.
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.
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 -03, thus rezoning approximately .32 acre, more or
less from RS -3 (Residential Single Family IEgh Density District) to CG (Commercial General District).
ATTACHMENTS:
1. General Area Map.
2. Planning Commission Staff Report (w /o attachments).
3. OZ 03 -03 Application.
4. Legal Notice.
5. Letter to Surrounding Property Owners.
SUBJECT
PROPERTY
OZ 03 -03 O
Scott Moody
NORTH
PURPOSES ONLY AND IS NOT
CITY OF OWASSO
COMMUNITY DEVELOPMENT
DEPARTMENT
Ill North Main Shed I PH: (918) 376 -1500
P.O. Box 180 FAX: (918)376 -1597
Owasso, OK 74055 w .cityofowassa.00m
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OZ -03 -03
(Scott Moody)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Scott Moody, applicant on behalf of
Gene Brooks, owner, for the review of a rezoning for approximately .32 acre, more or
less. The subject property is located at the southwest corner of the S. Birch St. and E. 3`d
Ave. intersection.
The applicant is proposing to rezone the subject property from RS -3 (Residential Single
Family High Density District) to CG (Commercial General District) for the purpose of
locating a lawn care and landscaping office. 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: Commercial
South:. Residential —Manufactured Home
East: Residential — Single Family
West: Residential — Single Family
PRESENT ZONING
RS -3 (Residential Single Family High Density District)
SURROUNDING ZONING
North: CH (Commercial High Intensity District)
South: RS -3 (Residential Single Family High Density District)
East: RS -3 (Residential Single Family High Density District)
West: RS -3 (Residential Single Family High Density District)
ZONING REQUIREMENTS
If the application is approved, the subject property would be zoned CG (Commercial
General District). According to the City of Owasso Zoning Code, a landscaping and
lawn care office falls within Use Unit 15 (Shopping Goods and Services) and is permitted
by right within the CG 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 commercial in nature. Although the approval of this request would seem to
be inconsistent, the approval of the Owasso Downtown Development District Plan should
take precedence over the Owasso 2010 Master Plan. The request is, in staffs opinion,
consistent with the Owasso Downtown Development District Plan and should not be
considered inconsistent by Master Plan standards.
The Owasso 2010 Master Plan gives authority to develop and implement the Downtown
Development District Plan. The Master Plan attempts to identify several issues or areas
related to this issue. In identifying issues, the plan outlines an action statement and a plan
to implement those actions. Of all the issues addressed by the plan, staff would like to
turn this Commission's attention to Issue #6.
Excerpt from the Owasso 2010 Master Plan:
Issue #6
A deteriorating and distressed downtown area
Action Statement:
Develop a downtown district plan.
Action Plan:
- Determine the geographic extents of what should be considered downtown.
- Develop a downtown redevelopment committee or business association composed
of affected landowners, downtown merchants, citizens, and City staff to determine
a course ofaction.
- Commission a planning study to assess all possible opportunities and constraints
of downtown which could include: overlay zoning controlling landscaping and
architecture, extension of N. Ist St. to the service road, and a tax increment
financing district to provide funding for public improvements.
- Consider the option of allowing a college design studio class to take on the
downtown area as a class project.
- Develop an overlay zone to assure proper architecture is being considered.
Although the portions of the action plan may not directly affect the recommendation of
this item, Issue #6 gives sweeping authority to the City of Owasso to develop and
implement a downtown plan. This authority however, does not speak to situations arising
from a land use designation in the Owasso Downtown Development District Plan that is
inconsistent with the Owasso 2010 Plan. The authority is given only to develop, approve
and implement a downtown plan. Issues arising from concerned surrounding property
owners should have been addressed at the time of the adoption of the Downtown Plan,
not as staff is attempting to implement the plan through appropriate rezoning requests.
Therefore, staff suggests that the land use designation delineated in the Owasso
Downtown Development District Plan would and more importantly, should supercede the
Owasso 2010 Master Plan designation.
Assuming the above assertion to be true, the discussion should now focus on the land use
designation listed in the Owasso Downtown Development District Plan. The plan calls
for a mixture of uses in the area of this request. The site is labeled as having a land use of
light industrial, warehousing and/or City services. Section 4.5 Owasso Downtown
Business Park, governs the future land use of this site.
Excerpt(s) from Section 4.5, Owasso Downtown Development District Plan:
- The primary emphasis in this area should be to retain and encourage a
mixture of uses that continue to provide a variety of employment
opportunities, products and services.
- The uses in this area are important because they add to the diversification of
the downtown area.
- Potential redevelopment may occur opportunistically as the business market
and economy dictate.
- The relocation of residents to more stable and viable living environments
(such as north of 76'x' Street) would provide the opportunity to assemble land,
concentrate complementary uses and enhance the business environment in
Owasso.
Staff feels that land use implementation strategies in this area should support the
retention and development of a mixture of uses, business products and services. Mr.
Moody's application is requesting a zoning classification that would accommodate a
lawn care and landscaping business; a use which has not and is not currently represented
in the downtown area. Therefore, staff can come to only one conclusion; the rezoning
request by Mr. Moody is consistent with the stated intent and purpose of the Downtown
Development District Plan and should therefore receive a positive recommendation.
Staff has received several phone calls in opposition of the request. Additionally, staff has
made copies of the required legal notification, site maps and copies of the Downtown
Development District Plan available to concerned area residents. Staff does anticipate
several public statements in opposition of the request for a CG (Commercial General
District) zoning designation at the April 7, 2003 Planning Commission Meeting.
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.
RECOMMENDATION
Staff recommends approval of OZ- 03 -03, rezoning approximately .32 acre, from RS -3
(Residential Single Family High Density District) to CG (Commercial General District).
ATTACHMENTS
1. General Area Map.
2. OZ -03 -03 Application.
3. Legal Notice.
4. Letter to Surrounding Property Owners.
CITY OF OWASSO
P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997
REZONING APPLICATION
GENERAL LOCATION-3-2
PRESENT ZONING PRESENT USE
PROPOSED ZONING PROPOSED USE
LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey)
Name and Address of Record Owner Address or General 7Location of Subject Property -
As applicant, what is your interest in this property? Na a of person be bill d for publication Phone
aresentOwner Agent for Owner
EPurchaser
❑Other Mailing Address
❑Attomey for Owner 1,1=, S S 0
I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN I SIGNATURE DATE
SUBNHTTED IS COMPLETE, TRUE AND ACCURATE
Please submit the completed application form and application fee along with a Cer di ed 3t 00' 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
I- 4.99 acres 100
5 -19.99 acres 150
20 + acres 200
SUBMITTAL DATE I OPC MEETING DATE
FEE RECEIPT NUMBER APPROVED DENIED
February 20, 2003
TO WHOM IT MAY CONCERN,
I, GENE R. BROOKES OF 25 ST, ANDREWS CIR., ALLOW SCOT T MOODY TO
REPRESENT ME DURING REZONING PROCEEDINGS FOR PROPERTY
DESCRIBED AS: LOT 1 BLOCK 30 ORIGINAL TOWN— OWASSO.
NOTICE TO THE PUBLIC OF A HEARING ON A
PROPOSED AMENDMENT TO THE ZONING ORDINANCE
OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ -03-03
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:
Lot 1, Block 30, Original Town of Owasso, An Addition to the
City of Owasso, Tulsa County, State of Oklahoma.
The property is further described as 304 S. Birch St., Owasso, OK.
To be considered is a rezoning of approximately .32 acre, more or
less from RS -3 (Residential Single Family High Density District) to
CG (Commercial General 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 Community Development
111 North Main Street
P.O. Box 130
Owasso, OK 74055
(918) 376 -1540
FAX (918) 376 -1597
Inspections -376 -1542
www.cityofowasso.com
NOTICE TO PROPERTY OWNER
OZ -03 -03
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 Scott Moody, applicant, on behalf of Gene Brooks, owner for a proposed
change of the zoning classification of approximately .32 acre, more or less from RS -3
(Residential Single Family High Density District) to CG (Commercial General District). The
subject property is described as follows:
Lot 1, Block 30, Original Town of Owasso, An Addition to the City of Owasso, Tulsa County,
State of Oklahoma.
The property is further described as 304 S. Birch St., 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
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE 753 — REZONING #OZ -03 -03
DATE: May 14, 2002
BACKGROUND:
The City Council approved the rezoning of a tract of land from RS -3 (Residential Single - Family
High Density) to CG (Commercial General) on April 15, 2003. The property is located at the
southeast corner of South Birch Street and East Third Avenue.
Attached is a copy of Ordinance No. 753, formally adopting the City Council's action of April 15,
2003.
RECOMMENDATION:
The staff recommends Council approval of ordinance 753.
ATTACHMENT:
Ordinance No. 753