Loading...
HomeMy WebLinkAbout786_OZ 04-05_ .03 MI sw of intersection E 96 St N & N 129 E Ave_Tyann Development_RS-3, OM and Ag to RM-2rezoning-- 96th St and 129th East Ave from Tyann Development City of Owasso Attn: Juliann Stevens 111 N. Main Street Owasso, Oklahoma 74055 Mayor Susan Kimball, 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed.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 RS-3 (residential single family district), (office medium district), OL (office light district) and AG (agricultural district) to R.1\1-2 (residential multi-family district), Commencing at the NE corner of the NE/4 of said Section; thence S 00001'55" W along the east line of said NE/4, a distance of 1,775.43 feet; thence west, a distance of 943.52 feet to the Point of Be2innin2; thence N 89043'01" W, a distance of 312.21 feet; thence S 32047'22" E, a distance of 67.74 feet; thence S 07043'48" E, a distance of 101.68 feet; thence S 46032'40" W, a distance of 103.25 feet; thence S 040 34'07" a distance of 412.28 feet; thence S 000 09' 41" E, a distance of 39.33 feet; thence N 890 56'02" W, a distance of 613.56 feet; thence N 000 03'58" E, a distance of 664.65 feet; thence S 890 56'02" E, a distance of 313.64 feet; thence N 250 48'49" E, a distance of 477JJ7 feet; thence S ,no 51'58" E, a distance of 621.57 feet to the Point of Be2innin Containing 13.21 acres more or less, A tract of land situated in the S/2 of the NE/4 of Section 20, I.B.&M., Tulsa County, State of Oklahoma described as follows: T-21-N, R-14-E of the 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 an statements for or against the requested rezoning of application OZ- 04-05 WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-04-05 CHANGING THE ZONING OF PROPERTY LOCATED ON A TRACT OF LAND SITUATED IN THE S/2 OF THE NE/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, FROM RS-3 (RESIDENTIAL SINGLE FAMILY DISTRICT), OM (OFFICE MEDIUM DISTRICT), OL (OFFICE LIGHT DISTRICT) AND AG (AGRICULTURAL DISTRICT) TO RM-2 (RESIDENTIAL MULTI- FAMILY DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. CITY OF OWASSO ORDINANCE NO. 786 Doc# 04065151 Receipt # 131261 Fee 13 Tulsa County Clerk Pgs 1 B/p 06/03/04 EARLENE WILSON 1 �'• 1 1 TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHBI CITY PLANNER SUBJECT: ORDINANCE NO. 786 DATE: MAY 27, 2004 At the May 18, 2004 meeting, the Owasso City Council approved a rezoning request from Tyann Development Co. for property located approximately 0.3 miles south west of the intersection of E. 96t' St. N. and N. 129ffi E. Ave. immediately east of Smith Elementary school in Owasso, OK. The approval changed the zoning from RS -3, OM, OL, and AG to RM -2. Attached is a copy of Ordinance No. 786 that formally adopts the City Council's action of May 18, 2004. Staff recommends Council approval of Ordinance No. 786. ATTACHMENT: 1. Ordinance No. 786 2. OZ 04 -05 Staff report with no attachments MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCH, CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: REZONING — OZ 04-05 TYANN DEVELOPMENT 13.21 ACRES DATE: MAY 12, 2004 BACKGROUND: The staff has received an application to the Planning Commission for a rezoning of property located approximately 1/4 mile south of 96h Street North and 1/4 mile west of 1290` East Avenue. The property is proposed for RM -2 Residential multi -family zoning classification. A general area map is attached for review. PROPERTY CHARACTERISTICS: The property is currently vacant and is zoned for AG Agricultural, OL Low - intensity Office, OM Medium - intensity Office, and RS -3 Residential Single - Family uses. Property to the north is zoned CS Commercial and is a developing shopping area. Land to the east is zoned AG Agricultural. RS -3 districts he to the south and to the west. Land south of the site is vacant, with single - family developments further south, and an elementary school lies west of the subject property. The tract is approximately 13.21 acres in size. The subject property will be served by municipal wastewater, police, fire, and EMS service. DESCRIPTION OF RM -2 ZONING DISTRICT: The RM -1 and RM -2 Districts are designed to permit the development and conservation of multi- family dwelling types, such as apartments, garden apartments, and townhouses, in suitable environments in a variety of densities to meet the varying requirements of families. The main difference between the two zoning districts is that the RM -2 designation allows for apartment buildings more than thirty feet in height. LEGAL CONSIDERATIONS OF ZONING REQUESTS: Section 1500 of the Owasso Zoning Code outlines the city's policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? Development considerations such as traffic, roads, grading, drainage, stormwater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. PLANNED UNIT DEVELOPMENT (PUD) DESIGNATION: The subject property lies within PUD #l. This planned unit development was approved in February, 1978. The PUD was designated for multi- family use, but was never developed. According to Section 880.3 of the zoning code, since no plat was filed within two years after the PUD was approved, the PUD is now void and has no bearing on the property. CONFORMANCE TO MASTER PLAN DESIGNATION: The Owasso 2010 Land Use plan has two designations for the subject property: residential and parks/recreational space. The Master Plan draft that has been developed by the Master Plan update committee be planned for transitional land uses (offices and multi - family residential). It is anticipated that the Planning Commission will conduct a public hearing on the Master Plan draft in June. One of the stated goals of the Master Plan is to protect residential areas from commercial and industrial encroachment. Such encroachment is prevented by the development of transitional zones, ranging in type from duplex and multi -family to office districts. When the transitional zones are developed between commercial areas and single - family areas, conflicts are avoided between incompatible land uses. The property to the north of the subject site is a developing commercial center. The property to the south of the subject site is a developing single -family area. RM -2 zoning for this property would provide a suitable transition between the commercial to the north and the residential to the south. ANALYSIS: If the application is approved, the subject property would be zoned RM -2 Residential Multi - Family District. Then, the property would be available for residential development. The Owasso 2010 Master Plan identifies the subject property as having a future land use of residential and parks /recreational space. Land approximately 350' south of the subject property has already developed for residential use. Accordingly, the staff finds the proposal to be consistent with the Owasso 2010 Master Plan. The acreage was annexed into the Owasso City Limits several years ago. If the zoning request is approved, the land will still have to be platted in accordance with municipal regulations in order for development to occur. Of course, all resulting lots will have to meet the City's bulk and area requirements, stormwater detention will be required, and all other requirements such as sidewalks will be provided. The staff has received numerous phone calls and received three articles of correspondence stating opposition to the request. Letters were mailed to surrounding property owners on April 8, 2004 and the legal advertisement was published in the Owasso Reporter on April 8, 2004. OWASSO PLANNING CONMSSION At the May 10, 2004 regular meeting a large contingent of citizens was present to display opposition to the request. Several citizens spoke in opposition of the request citing numerous concerns such as additional vehicular traffic on N. 123d E. Ave., crime, noise and light. After a lengthy discussion the Owasso Planning Commission voted unanimously to recommend approval of OZ 04 -05. RECOMMENDATION: The staff recommends approval of OZ- 04 -05. ATTACHMENTS: 1. Case Map 2. Correspondence from applicant dated April 21, 2004 3. Map provided by applicant 4. Map showing properties owned by applicant (including subject property) 5. Aerial photograph 6. Map showing boundary of property proposed for rezoning 7. Topographical survey of property 8. Public Notice 9. Rezoning application 10. Letters of opposition to date.