HomeMy WebLinkAbout758_OZ 03.07_SW 96 & 129_Home Depot_OL to CSClerk Tulsa County
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Receipt, 66595 07/09/03
Fee 15.00 A000666595004A
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 758
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-03-07
CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHEAST
QUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA
COUNTY, OKLAHOMA, FROM OL LIGHT INTENSITY OFFICE DISTRICT TO CS
COMMERCIAL SHOPPING 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
03-07,
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 TRACT OF LAND THAT IS PART OF THE E/2 OF SECTION 20, TOWNSHIP 21
NORTH RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20, THENCE
S00°01'30"E ALONG THE EASTERLY LINE OF SECTION 20 FOR A DISTANCE
OF 765.08 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING
S00°01'30"E ALONG THE EASTERLY LINE OF SAID SECTION 20 FOR A
DISTANCE 532.48, THENCE S89°55'45"W A DISTANCE OF 841.17, THENCE
N00°03'25" W A DISTANCE OF 857.92 FEET, THENCE S82°26'29" E A
DISTANCE 208.22 FEET, THENCE S34°20'05"E A DISTANCE OF 208.66 FEET,
THENCE S 00°03'25" E A DISTANCE OF 180.00 FEET, THENCE N89°56'35" E A
DISTANCE OF 517.51 FEET TO THE POINT OF BEGINNING, SAID TRACT
CONTAINING 12.61 ACRES, MORE OR LESS.
be, and the same hereby is, zoned from OL Light Intensity Office District to CS Commercial
Shopping 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are hereby expressly repealed.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 3rd day of June, 2003.
Gary Cochran, Mayor
ATTEST:
Marcia Boutwell, City Clerk
Ordinance #758
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ORDINANCE 758 — REZONING #OZ -03 -07
DATE: May 27, 2002
BACKGROUND:
The City Council approved the rezoning of a tract of land from OL (Office Light) to CS
(Commercial Shopping Center) on May 20, 2003. The property is located on the west side of
North 129" East Avenue, 1/8 mile south of East 96th Street North.
Attached is a copy of Ordinance No. 758, formally adopting the City Council's action of May 20,
2003.
RECOMMENDATION:
The staff recommends Council approval of ordinance 758.
ATTACHMENT:
Ordinance No. 758
2CS 8'
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: OZ -03 -07, A REQUEST FOR REZONING OF 12.61 ACRES
DATE: May 14, 2003
BACKGROUND:
The Home Depot has submitted an application to the Planning Commission for a rezoning of property
located on the west side of 129's East Avenue about 1/8 mile south of 96° Street North The property
is proposed for CS (Commercial Shopping Center District) zoning classification. A general area map is
attached for review.
PROPERTY CHARACTERISTICS:
The legal description of the property is as follows:
A TRACT OF LAND THAT IS PART OF THE E12 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE
INDIAN BASE AND MERIDIAN, OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 20, THENCE S00 °01'30 "E ALONG THE
EASTERLY LINE OF SECTION 20 FOR A DISTANCE OF 765.08 FEET TO THE POINT OF BEGINNING, THENCE
CONTINUING S0000 1'30"E ALONG THE EASTERLY LINE OF SAID SECTION 20 FOR A DISTANCE 532.48, THENCE
589055'45 "W A DISTANCE OF 841.17, THENCE N00 °03'25 "W A DISTANCE OF 857.92 FEET, THENCE N82°26'29 "E A
DISTANCE 208.22 FEET, THENCE S34 °20'05 "E A DISTANCE OF 208.66 FEET, THENCE S00 °03'25 "E A DISTANCE OF
180.00 FEET, THENCE N89 °56' 35 "E A DISTANCE OF 517.51 FEET TO THE POINT OF BEGINNING, SAID TRACT
CONTAINING 12.61 ACRES, MORE OR LESS.
The tract is approximately 12.61 acres in size. The existing land use is vacant for the subject property,
as is land to the north and west. Properties to the south and east are occupied by churches.
The subject property is located on a primary arterial road (129'h East Avenue) and will be served by
municipal water, wastewater, police, fire, and EMS service. Both 129'h East Avenue and 96'x' Street
North, arterial roads in the property's vicinity, are listed as top priorities on Owasso's Capital
Improvements Plan and widening projects for these two roads are planned to begin next year.
ANALYSIS:
If the application is approved, the subject property would be zoned CS (Commercial Shopping
Center District). Then, the property would be available for commercial development.
The Owasso 2010 Master Plan identifies the subject property as having a future land use of
public /parks. However, the subject property is an anticipated growth area for the community.
The master plan describes how it differentiates between land uses and how anticipated growth
areas are delineated graphically:
The future direction of growth is determined by many factors, but probably the most important
ones are municipal utilities such as water and sewer service, transportation improvements, and
vacant land. The Owasso 2010 Master Plan was developed making future assumptions about the
factors mentioned above and density and intensity of use are directly related to them. The Plan
was developed based on the best available information about utilities, transportation
improvements, and vacant land tracts available at the time.
City staff would agree that the above described method of making future assumptions based on
current situations is the best method to date to direct future growth. However, city planners can
only assume what will happen in a particular area, but cannot determine other factors such as
capital improvements, shifting development patterns and shifts in the market economy. Since the
approval of the Owasso 2010 Master Plan, the City of Owasso has seen tremendous growth in
sales tax receipts and commercial development in the area of this application. Some estimates
have concluded that the City's sales tax receipts were increased by 20% in 2000 and 15% in 2001.
With an increase of sales tax receipts, the City has further opportunities to expand facilities and
services. This expansion also tends to spill-over into capital improvement programming. The
current Capital Improvements Committee is to approve an estimated $8 million worth of street
improvements in this area that include a $5.3 million improvement for the elansion and widening
of N. 129`h E. Ave. and an estimated $2.6 million improvement for the E. 96` St. N. and U.S. 169
interchange. These improvements clearly could not have been anticipated at the time the Owasso
2010 Master Plan was formulated or approved. Furthermore, and as the Master Plan states, the
most important determining factors in deciphering future growth are transportation
improvements, water and sewer service on -site and vacant land. All of these factors are present
on this site and were more than likely a determining factor for The Home Depot in choosing this
area.
Furthermore, as an update is currently underway for the Owasso 2010 Master Plan, which is a
clear indication of changes in the development make -up of a city, city planners have already
concluded that the site in question deserves a high- intensity commercial/office classification. Staff
should also point out that any additional commercial growth would benefit the City of Owasso.
Additional commercial growth provides for further spending opportunities for both Owasso
residents and those who spend money in Owasso from outside the corporate limits.
Accordingly, the staff finds the proposal to be consistent with the Owasso 2010 Master Plan.
The staff has received one phone call in opposition of the request. Letters were mailed to
surrounding property owners on April 10, 2003 and the legal advertisement was published in the
Owasso Reporter on April 17, 2003.
RECOMMENDATION:
The staffrecommends approval of OZ- 03 -07.
ATTACHMENTS:
1. Case Map
2. Site Location Drawing
3. Notice of Public Hearing
4. Application
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GENERAL AREA MAP 4 -10-03 CITY OF OWASSO
COMMUNITY DEVELOPMENT
OZ 03 -07 DEPARTMENT
The Home Depot NORTH 111 North Main Street PH: (918) 3761500
P.O. Box 180 FAX: (918) 3761597
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EXHIBIT "A" (2 of 2)
LEGAL DESCRIPTION
THE HOME DEPOT
OWASSO, TULSA COUNTY, OKLAHOMA
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CROSS AREA 12.61 ACRES .t
NET AREA 11.88 ACRES f
841.17' - S 8955 45- W
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N.E. COR., SEC, 20, 1,11N„
W R.14E., I.M., OWASSO, TULSA
o COUNTY OKLAHOMA
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MARCH 24, 2003
NOTICE TO THE PUBLIC OF A HEARING ON A
PROPOSED AMENDMENT TO THE ZONING ORDINANCE
OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ -03-07
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 12th day of May, 2003.
At that time and place, consideration will be given to the proposed
change of the zoning classification of the following described property:
A TRACT OF LAND THAT IS PART OF THE E/2 OF
SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST OF
THE INDIAN BASE AND MERIDIAN, OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID
SECTION 20, THENCE S00 °01'30 "E ALONG THE EASTERLY
LINE OF SECTION 20 FOR A DISTANCE OF 765.08 FEET TO
THE POINT OF BEGINNING, THENCE CONTINUING
S00 001'30 "E ALONG THE EASTERLY LINE OF SAID
SECTION 20 FOR A DISTANCE 532.48, THENCE
S89 055'45 "W A DISTANCE OF 841.17, THENCE N00 °03'25 "W
A DISTANCE OF 857.92 FEET, THENCE N82 026'29 "E A
DISTANCE 208.22 FEET, THENCE S34 °20'05 "E A DISTANCE
OF 208.66 FEET, THENCE S00 °03'25 "E A DISTANCE OF
180.00 FEET, THENCE N89 056'35 "E A DISTANCE OF 517.51
FEET TO THE POINT OF BEGINNING, SAID TRACT
CONTAINING 12.61 ACRES, MORE OR LESS.
The property is further described as lying at the southwest comer of
the E. 96 "' St. N. and N. 129' E. Ave. intersection.
To be considered is a rezoning of approximately 12.61 acres, more
or less from OM (Office Medium Intensity District) to CS
(Commercial Shopping Center 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 10th day of April, 2003.
City of Owasso
Community Development Department
GENERAL LOCA
PRESENT ZONIN
PROPOSED ZONI
Oz�
CITY OF OWASSO
P.O. BOX 130 O WASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (913) 2724997
REZONING APPLICATION
PRESENT USE Vacant
PROPOSED USE Commercial Shopping
LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey)
Name and Address of Record Owner Address or General Location of Subject Property
TYANN Dev. Co. Inc. PO Box 397 Owa so, OK SW Corner E. 96th St. & N. 129th Ave.
As applicant, what is-your interest in this property? Name of person to be billed forpublication Phone
OPresentOwner ElAgent for Owner Spear & McCaleb Co., P.C.
Purchaser ®Other Mailing Address 405- 232 -7715
❑Attorney for Owner 815 W. Main OKC, OK 73106
I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN SIGNATURE DATE
SUBMITTED IS COMPLETE, TRUE AND ACCURATE
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.
SUBMITTAL DATE
FEE RECEIPT NUMBER
Fee Schedule
0- 0.99 acres $75
1- 4.99 acres 100
5 -19.99 acres 150
20 + acres 200
OPC MEETING DATE
APPROVED DENIED