HomeMy WebLinkAbout779_OZ 04-02_35.3 Acres sw C N 129 E Ave & E 96 St N_OM/RS-3 to CSrezoning, sw corner 129th E Ave and 96th St intersection
Tulsa County Clerk - EARLENE WILSON
Doc# 04047716 Pgs 1 B/p 7279/0598-0598
3. 00723413 04/23/04 10,40, 45
CITY OF OW ASSO
ORDINANCE NO. 779
AN ORDINANCE APPROVING ZONING APPLICA nON NUMBER OZ-04-02 CHANGING THE
ZONING OF PROPERTY LOCATED IN THE N/2 AND THE SE/4 OF SECTION 20, TOWNSillP 21
NORTII, RANGE 14 EAST, OF THE INDIAN BASE & MERlDIAN, CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA, FROM RS-3 (RESIDENTIAL SINGLE FAMILY DISTRlCT)
AND OM (OFFICE MEDIUM DISTRlCT) TO CS (COMMERCIAL SHOPPING DISTRlCT), AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE'\N1TH.
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-
04-02.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OW ASSO, OKLAHOMA, THAT,
Section 1. The zoning classification of the following described property, to
A TRACT OF LAND LOCATED IN THE N/2 AND THE SE/4 OF SECTION 20. T-21-N, R-14_E OF
THE I.B.&M., TULSA COUNTY, STATE OF OKLAHOMA DESCRlBED AS FOLLOWS:
COMMENCING AT THE NE CORNER OF SAID SECTION; THENCE SOooOl'55'W, DISTA.NCE
OF 765.06 FEET; THENCE WEST, A DISTANCE OF 517.51 FEET; THENCE NORTH, A
DISTANCE OF 180.00 FEET; THENCE N34016'40'W, A DISTANCE OF 162.43 FEET THE
POINT OF BEGINNING; THENCE CONTINUE NORTIIWEST ALONG SAID LINE, A DISTANCE
OF 102.57 FEET; THENCE NlloI5'32'W, A DISTANCE OF 190.16 FEET; THENCE S78044'28'W,
A DISTANCE OF 100.86 FEET; THENCE N89056'56'W, A DISTANCE OF 346.15 FEET TO A
POINT ON THE EASTERLY RlGHT-OF-WAY LINE OF US illGHWAY 169; THENCE
S50012'08'W CONTINUING ALONG SAID RlGHT-OF-WAY, A DISTANCE OF 1,081.35 FEET;
THENCE S5001O'11'W CONTINUING ALONG SAID RlGHT-OF-WAY, A DISTANCE 855.18
FEET; THENCE S50012'01'W CONTINUING ALONG SAID RlGHT-OF-WAY, A DISTANCE OF
20.03 FEET; THENCE SOoo03'58'W, A DISTANCE OF 385.02 FEET; THENCE S89056'02"E, A
DISTANCE OF 1,085.33 FEET; THENCE N25048'49"E, A DISTANCE OF 1,490.19 FEET; THENCE
N82029'54"E, A DISTANCE OF 240.94 FEET TO A POINT OF CURVE TO THE LEFT HAVING A
RADIUS OF 525.00 FEET AND A CENTRAL ANGLE OF 07049'33"; THENCE EAST ALONG THE
ARC A DISTANCE OF 71.71 FEET TO THE POINT OF BEGINNING. CONTAINING 35.3 ACRES.
be, and the same is hereby zoned from RS-3 (Residential Single-Family District) and
(Office Medium 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 6th day of April, 2004.
ATTEST: City of Owasso, Oklahoma
Mayor
AS TO FORM:
City of Owasso
Attn: Juliann Stevens
III N. Main Street
Owasso, Oklahoma 74055
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DUANE CUTHBERTSON
CITY PLANNER
SUBJECT: REZONING — (OZ 04 -02) TYANN DEVELOPMENT
DATE: MARCH 10, 2004
BACKGROUND
The City of Owasso has received a request from Tyann Development, Inc.,
applicant/owner, for the approval to rezone approximately 35.3 acres of property located
south and west of the southwest comer of the N. 129' E. Ave. and E. 96°i St. N.
intersection. The property lies adjacent to the east side of U.S. Highway 169. A general
area map is attached for your review.
The applicant is proposing to rezone the subject property from OM and RS- 3/PUD -1
(Office Medium Intensity and Residential Single Family) to CS (Commercial Shopping
Center District) in order to construct a commercial shopping center. A general area map
and a complete legal description have been attached for your information and review.
Existing Zoning Designation: OM/RS -3
Proposed Zoning Designation: CS
The subject site is currently vacant. U.S. Highway forms the property's northern and
western boundary. Smith Elementary occupies the site to the south although there is a
substantial strip of undeveloped land between the school structure and the subject site's
southern border. Home Depot sits across a large detention pond to the east.
The subject site is currently zoned OM and RS- 3/PUD -1 (Office Medium Intensity
District and Residential Single Family). Again to the north and west is U.S. Highway
169. The property to the south is zoned RS -3 and a combination of CG and OM. The
eastern side of the subject site is zoned CS.
ZONING REQUIREMENTS
If the application is approved, the subject property would be zoned CS (Commercial
Shopping Center District). According to the City of Owasso Zoning Code, Retail
Shopping Centers fall within Use Unit 14 (Shopping Goods and Services) and is
permitted by right within the CS zoning district.
COMPREHENSIVE PLAN CONSISTENCY
The Owasso 2010 Master Plan identifies the subject property as having a mixture of
future land uses that include medium intensity commercial and public /institutional uses.
Obviously, a proposal that included high intensity commercial uses would seem
inconsistent with the Master Plan designation. Staff finds however, that the applicant's
proposal is more appropriate than the Master Plan designation.
The Owasso 2010 Master Plan provides a summary and description of its' main
components. Of these components, the plan describes how it differentiates between land
uses and how anticipated growth areas are delineated geographically. The following is an
excerpt from the Owasso 2010 Master Plan:
Excerpt from Owasso 2010 Master Plan:
Anticipated Growth Areas
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. The commercial additions
currently rising in the southwest comer of E. 96th St. N. and N. 1291h E. Ave. no doubt
will only add to attractiveness of this commercial corridor. 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 Owasso
voters have approved over $8 million worth of street improvements in this area that
include a $5.3 million improvement for the expansion and widening of N. 1291h E. Ave.
and an estimated $2.6 million improvement for the E. 96th 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
requested rezoning and the attractiveness of this type of development in 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.
In regards to the site's current zoning, staff believes the current RS -3 and OM
designation would not constitute the best and highest use. Single - family residential
development does not seem as if it would be appropriate or even desirable adjacent to
U.S. Highway 169 and office medium intensity might be appropriate considering the
site's physical conditions and location, however so wouldn't a commercial designation.
If the property were rezoned to the requested designation of CS, all of the use provisions
listed under the office designation would still be allowed by right according to the zoning
code, however the owner of the property would also be able to develop and utilize his
property to its' utmost potential in a manner that would consistent with the current market
and development trends being experienced in that corridor.
Staff has received no phone calls or correspondence in opposition of the request. Letters
were mailed to surrounding property owners on February 12, 2004 and the legal
advertisement was published in the Owasso Reporter on February 12, 2004. Copies of
both the letter to property owners and the legal advertisement are attached for your
information and review.
If the Commission approves this application it will then require City Council approval.
RECOMMENDATION
Staff recommends approval of OZ- 04 -02, thus rezoning approximately 35.3 acres, from
OM/RS -3 (Office Medium Intensity /Single Family Residential) to CS (Commercial
Shopping Center District).
ATTACHMENTS
1. General Area Map.
2. OZ -04 -02 Application.
3. Proposed Site Plan
4. Legal Notice.
5. Letter to Surrounding Property Owners.
GENERAL LOCAT
PRESENT ZONING
PROPOSED ZONIN
oz-
CITY OF OWASSO
P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997
REZONING APPLICATION
PRESENT USE
PROPOSED US
t 1�? 4 IZ( ?� "�'�
LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey)
,)dime and Address. of Record ncr Address or General. Location off Subject Propeny -
LY�� L[iVVS'J LLY7L^V.
WIAsapplicant, what is your interest in this property? Name of person p be billed, for publication Phone
resent Owner ❑Agent for Owner g +� i i'vi &4 Z% t g 0
❑Purchaser ❑Other Md``lingAddress
❑Attomey for Owner k� F a _ . At. -,1A
.
1 DO HEREBY CERTIFY THAT THE INFORMATION HEREIN I SIGNATURE DATE
SUBMITTED IS COMPLETE, TRUE AND ACCURATE -I-rr t'j_ _ E
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
+acres
200
SUBMITTAL DATE_
FEE RECEIPT NUMB
Le al Description
A tract of land located in the N/2 and the SE /4 of Section 20. T -21-
N, R -14 -E of the I.B. & M., Tulsa County, State of Oklahoma
described as follows:
Commencing at the NE CORNER of said section; thence
SO0 001'55 "W, a distance of 765.06 feet; thence West, a distance of
517.51 feet; thence North, a distance of 180.00 feet; thence
N34 016'40 "W, a distance of 162.43 feet to the POINT OF
BEGEVNING; thence continue northwest along said line, a
distance of 102.57 feet; thence N11 °15'32 "W, a distance of 190.16
feet; thence S78 044'28 "W, a distance of I0O.86 feet; thence
N89 056156 "W, a distance of 346.15 feet to a point on the easterly
right -of -way line of US Highway 169; thence S50 °12'08 "W
continuing along said right -of -way, a distance of 1,081.35 feet;
thence S50 °10'11 "W continuing along said right -of -way, a distance
of 855.18 feet; thence S50 012'01 "W continuing along said right -of-
way, a distance of 20.03 feet; thence S00 °03'58 "W, a distance of
385.02 feet; thence S89 056'02 "E, a distance of 1,085.33 feet;
thence N25 14849 "E, a distance of 1,490.19 feet; thence
N82 029'54 "E, a distance of 240.94 feet to a point of curve to the
left having a radius of 525.00 feet and a central angle of 07 °49'33
thence east along the arc a distance of 71.71 feet to the POINT OF
BEGINNING. Containing 35.3 acres.
Td WHTE:TT £00e 6T 'OaQ TLTLSLMT6: 'ON Xdd 3NI ONI833NIOND 000-n3A: WO&J
CS-14 7855'07.
A tract of land l anted in the 11/2 and the SE /4 of Section 20. 7 -27 -N. R -14 -E
Of the Ltl. @ M., Tulm County, State of Oklahano described as fellows:
Commendng of IM NE EARNER of said "'ll"; then.. S00,OI.35 -W. a distance of
765.06 feet; thence West, o distance os 517.51 feet; thence North, a distance of
180.00 feat; thence N34- 16.40 -W. a distance of 162.43 feet to the POINT OF
BEGINNING; thence, continue north ... I along said Dn., a dialanes of 102,57 feet -
th-ree, 071'15'32 "W, a distanca of 190.16 feet; thence S78- 44'26'00, o dW.. of
100-86 feet; ff.", N89'56'56ht', a dist.rre of 348.15 feet to a point on the
.alle"y ghl- of -Wey line of US IOghwa] 169; thence 550112 -OS-W continuing along
sold
9 ef-way, a distonea or 1,061.35 sect; then.. S50'10'11 ^R continuing along
said right- of -WOy, a distance of B5S15 foot; thcnc. S50.12'01"W ...tlnaln9 along
said rightet; sway, a d"vbnca of 20 -OS feat; 11"Mcl S00'03'58$YO, . dislance of
305,02 feet; thence 560'58'02 "E, a dktaoce of 1,085.33 feet; thence 025'48'49 "E, a
distance of 1,{90'19 foot; thmm !162'29'54'E, o distance Of 240.94 far( to a point
of wrw to evi left haying a he 0f 52500 feet and o ceg4d angle of
07'49'37'; thence east long the are a distance at 71.77 feel to the PANT OF
BEGINNING. Contafning 35.3 acres,
F:Q003 llmrving Files \01064 Tyami O<vclopm <nl - Owasso, OA \0)069 C W - Opll.dwg. 1OnOaW3 10:59:09 AM
NOTICE TO THE PUBLIC OF A NEARING ON A PROPOSED AMENDMENT TO
THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ -04-02
Notice is hereby given that a public hearing will be held before the Owasso Planning
Commission, in the Old Central Building, Owasso, Oklahoma, at 7:00 P.M. on the 8th day of
March, 2004.
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 located in the N12 and the SEA of Section 20. T -21 -N, R -14_E of the
I.B. &M., Tulsa County, State of Oklahoma described as follows:
Commencing at the NE CORNER of said section; thence S00 °01'55 "W, a distance of
765.06 feet; thence West, a distance of 517.51 feet; thence North, a distance of 180.00
feet; thence N34 °16'40 "W, a distance of 162.43 feet to the POINT OF BEGINNING;
thence continue northwest along said line, a distance of 102.57 feet; thence
NII'15'32 "W, a distance of 190.16 feet; thence S78 144'28 "W, a distance of 100.86
feet; thence N89 °56'56 "W, a distance of 346.15 feet to a point on the easterly right -of-
way line of US Highway 169; thence S50 °12'08 "W continuing along said right -of-
way, a distance of 1,081.35 feet; thence S50 110'11 "W continuing along said right -of-
way, a distance of 855.18 feet; thence S50 °12'01 "W continuing along said right -of-
way, a distance of 20.03 feet; thence S00 °03'58 "W, a distance of 385.02 feet; thence
S89 156'02 "E, a distance of 1,085.33 feet; thence N25 °48'49 "E, a distance of 1,490.19,
feet; thence N82 °29'54 "E, a distance of 240.94 feet to a point of curve to the left
having a radius of 525.00 feet and a central angle of 07 °49'33 "; thence east along the
arc a distance of 71.71 feet to the POINT OF BEGINNING. Containing 35.3 acres.
The property is further described as located in the southwest comer of E. 96'" St. N. and
N. 129`s E. Ave. in Owasso, OK. South of the Home Depot Store and North of Smith
Elementary School.
To be considered is a rezoning from OM/RS -3 (Office Medium Intensity /Single Family
Residential 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.
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 9h day of February, 2004.
Duane Cuthbertson
City Planner
City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
NOTICE TO PROPERTY OWNER
OZ -04 -02
(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
Old Central, 109 North Birch, Owasso, Oklahoma at 7:00 PM on the 8h day of March, 2004. At that time
and place, the Owasso Planning Commission will consider a request from Tyann Development, Inc.
applicant/owner, for a proposed change of the zoning classification from OM/RS -3 (Office Medium
Intensity District/Residential Single - Family District) to CS (Commercial Shopping District). The subject
property is located South and West of the southwest corner of 96t1 St. N. and N. 129h E. Ave. adjacent to
U.S. Highway 169 and described as follows:
A Tract of land located in the N/2 and the SE /4 of Section 20. T -21 -N, R -14_E of the LB. &M., Tulsa County,
State of Oklahoma described as follows:
Commencing at the NE CORNER of said section; thence S00001'55"W, a distance of 765.06 feet; thence
West, a distance of 517.51 feet; thence North, a distance of 180.00 feet; thence N34016'40"W, a distance of
162.43 feet to the POINT OF BEGINNING; thence continue northwest along said line, a distance of 102.57
feet; thence N11015'32"W, a distance of 190.16 feet; thence S78 044'28 "W, a distance of 100.86 feet; thence
N89056'56"W, a distance of 346.15 feet to a point on the easterly right -of -way line of US Highway 169; thence
S50 °12'08"W continuing along said right -of -way, a distance of 1,081.35 feet; thence S50 °10'11"W continuing
along said right -of -way, a distance of 855.18 feet; thence S50112101"W continuing along said right -of -way, a
distance of 20.03 feet; thence 500103'58 "W, a distance of 385.02 feet; thence S89056102"E, a distance of
1,085.33 feet; thence N25 048149 "E, a distance of 1,490.19 feet; thence N82 029'54 "E, a distance of 240.94 feet
to a point of curve to the left having a radius of 525.00 feet and a central angle of 07 049'33 "; thence east along
the arc a distance of 71.71 feet to the POINT OF BEGINNING. Containing 35.3 acres.
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 February, 2004.
Sincerely,
Duane Cuthbertson
City Planner