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HomeMy WebLinkAbout785_OZ 04-04_12300 Block N Garnett Rd_N of Country Estates V_AG to RS-3rezoning-- 12300 block of Garnett, north of Country Estates City of Owasso Attn: JuJiann Stevens 111 N. Main Street Owasso, Oklahoma 74055 ATTEST City of Owasso, Oklahoma PASSED AND APPROVED Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. this 1 st day of June, 2004 be, and the same is hereby zoned from AG (Agricultural Single Family District), District) to RS-3 (Residential Beginning at a point on the east line of said Section 6, 497.03 feet south of the northeast corner thereof; thence S 0005'20" W along said east line a distance of 821.11 feet to the northeast corner of Country Estates V, an addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded plat thereof; thence N 89037'30" W along the north line of said Country Estates V a distance of 1854.42 feet to a point on the easterly right of way of the A.T. & S.F. railroad, thence N 3r29'41" E along said right-of-way a distance of 959.90 feet; thence S 89035'44" E a distance of 693.99 feet; thence S 89035'58" E a distance of 660.23 feet to the point of beginning. Said tract containing 30.25 acres more or less. A tract orland that is part of Government lots one (1) and two (2) 21 North, Range 14 East of the I. B. & M., Tulsa County, Oklahoma, described as follows: in Section 6, Township more particularly Section NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, The zoning classification of the following described property, to wit 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- 04-04. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-04-04 CHANGING THE ZONING OF PROPERTY LOCATED ON A TRACT OF LAND THAT IS PART OF GOVERNMENT LOTS ONE (1) AND TWO (2) IN SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, FROM AG (AGRICULTURAL DISTRICT) TO RS-3 (RESIDENTIAL SINGLE FAMILY DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. CITY OF OWASSO ORDINANCE NO. 785 Tulsa County Clerk Doc# 04065756 Pgs 1 B/p Receipt # 731261 06/03/04 Fee 13 . 00 EARLENE WILSON TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ORDINANCE NO. 785 DATE: MAY 27, 2004 At the May 18, 2004 meeting, the Owasso City Council approved a rezoning request from Kellogg Engineering, Inc. for property located in the 12300 block of N. Garnett Rd., immediately north of Country Estates V in Owasso, OK. The approval changed the zoning from AG to RS -3. Attached is a copy of Ordinance No. 785 that formally adopts the City Council's action of May 18, 2004. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 785. ATTACHMENT: 1. Ordinance No. 785 2. OZ 04 -04 Staff report with no attachments MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: REZONING — OZ 04 -04 CRESCENT RIDGE DATE: MAY 12, 2004 BACKGROUND The City of Owasso has received a request from Kellogg Engineering, Inc., applicant on behalf of the owner, for the approval to rezone approximately 30.25 acres of property adjacent north of the developing Country Estates V addition. The applicant is proposing to rezone the subject property from AG (Agricultural District) to RS -3 (Residential Single - Family District) with the intention of developing a residential subdivision. A general area map and a complete legal description of the property have been attached for your information and review. Existing Zoning Designation: AG Proposed Zoning Designation: RS -3 The property is located in the 12300 block of N. Garnett Road just north of existing Country Estates V. A general area map is attached for your review. The Gorilla Recreational Park currently exists on the subject property. Large lot residential development zoned AG (Agricultural District) exists adjacent to the property to the north and east. Country Estates V, a developing single family residential subdivision, zoned RS -3 (Single Family Residential District) is located immediately to the south of the subject site. Agricultural uses occupy the site to the west across the railroad tracks. ZONING HISTORY In March, 2004 the Owasso City Council approved annexation of the subject property. The applicant at this time also has submitted a request for review of a preliminary plat for a residential subdivision which would be reviewed and decided upon contingent to the rezoning request being approved. ZONING/DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned RS -3 (Residential Single - Family District). According to the City of Owasso Zoning Code, a single - family home development would be permitted by right within the RS -3 zoning district. It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. During a public review a decision on zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having future land uses of commercial/office uses. This designation on the comprehensive plan is clearly the result of identifying and transmitting existing conditions. At the time the 2010 Land Use Master Plan was undergoing revision the property in question was being utilized in a commercial/recreational manner as Gorilla Park. At that time, it seemed reasonable to mark that area on the map in that manner. The 2010 Land Use plan is a dynamic guide that tries at best to make future assumptions on the pattern of development in Owasso. At present time, the Master Plan is going through a period of revision and update to maintain its consistency with the goals of the public and the current revision of the plan has the property identified as having a lesser intense land use designation of residential. As the property is not significantly developed with established structures this alteration of land use designation is not unreasonable. The Master Plan will be presented to the Owasso Planning Commission for public review in June, 2004. ANALYSIS The subject property lies immediately adjacent to compatible residential development and zoning to the south, Country Estates V, as that being requested. Country Estates V single family development was designed with the intention of connecting to future development to the north by providing stub streets bordering the subject property. No conflicting uses are located north, east or west at this time. Residential development on the subject property would be serviceable and access could be gained internally from the previously mentioned stub in Country Estates V and N. Garnett Road. Staff has received one email in opposition to the request; that letter is attached. Letters were mailed to surrounding property owners on April 9, 2004 and the legal advertisement was published in the Owasso Reporter on April 15, 2004. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. OWASSO PLANNING COMMISSION At the May 10, 2004 regularly scheduled meeting the Owasso Planning Commission unanimously recommended approval of OZ 04 -04. Staff recommends approval of OZ 04 -04, thus rezoning approximately 30.25 acres, from AG (Agricultural District) to RS -3 (Residential Single - Family District). ATTACHMENTS 1. General Area Map. 2. OZ -04 -04 Application 3. Legal Description. 4. Layout of proposed development 5. Legal Notice. 6. Letter to Surrounding Property Owners. 7. Copy of E -mail dated April 16, 2004