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HomeMy WebLinkAbout787_OZ 04-06_Hunt Properties_58.5 Acres_Smith Farm Marketplace_S & E of E 96 st N & N Garnett Rd_AG to CSrezoning-- Hunt Properties, Smith Farm Marketplace Tulsa County Clerk - EARLENE WILSON S0C# 04065758 Pgs 2 B/p 7307/2098-2099 # 731261 06/03/04 10: 53 : 23 Fee 15.00 lIE000731261013l1E CITY OF OW ASSO ORDINANCE NO. 787 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-04-06 CHANGING THE ZONING OF PROPERTY LOCATED ON A TRACT OF LAND THAT IS PART OF THE W/2 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, FROM AG (AGRICULTURAL 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 Vl WHEREAS, the Owasso City Council has considered the recommendation of the Owasso [/) r-- Planning Commission and all statements for or against the requested rezoning of application OZ- S3 ~ cd NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ro ro 0 OWASSO, OKLAHOMA, THAT, Section 1. The zoning classification of the following described property, to wit: .,....., ..;.......> ~ ~ A TRACT OF LAND THAT IS PART OF THE WEST HALF (W12) OF SECTION TWENTY (20), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT THAT IS THE SOUTHWEST CORNER OF THE NW/4 OF SAID SECTION 20; THENCE NORTH 00004'36" EAST ALONG THE WESTERLY LINE OF SAID SECTION 20 FOR 1017.00 FEET; THENCE SOUTH 89055'24" EAST FOR 375.00 FEET TO A POINT OF CURVE; THENCE EASTERLY AND NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 45000'00" AND A RADIUS OF 395.00 FEET FOR 310.23 FEET TO A POINT OF TANGENCY; THENCE NORTH 45004'36" EAST ALONG SAID TANGENCY FOR 919.89 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY AND EASTERLY ON A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 39036'42" AND A RADIUS OF 250.00 FEET FOR 172.84 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND NORTHEASTERLY ON A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 39036'42" AND A RADIUS OF 250.00 FEET FOR 172.84 FEET TO A POINT OF TANGENCY; THENCE NORTH 45004'36" EAST ALONG SAID TANGENCY FOR 69.89 FEET TO A POINT THAT IS THE MOST WESTERLY SOUTI:IWEST CORNER OF LOT 1, BLOCK 1 OF OAK TREE BUSINESS PARK, AN ADDITION TO THE CITY OF OW ASSO, TULSA COUNTY, OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE SOUTH 59048'47" EAST ALONG THE SOUTI:IWESTERLY LINE OF SAID LOT 1 AND ITS SOUTHEASTERLY EXTENSION FOR 442.08 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF NORTH 121ST EAST AVENUE; THENCE NORTH 30011'12" EAST FOR 0.00 FEET TO A POINT OF CURVE; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE ON A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 43052'01" AND A RADIUS OF 375.00 FEET FOR 287.11 FEET; THENCE DEPARTING SAID SOUTHEASTERLY RIGHT-OF-WAY LINE SOUTH 20057'38" EAST FOR 492.86 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 169; THENCE SOUTH 50009'50" WEST ALONG SAID RIGHT-OF-WAY LINE FOR 920.07 FEET TO A POINT OF CURVE; THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF- WAY LINE ON A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 13014'23" AND A RADIUS OF 5230.51 FEET FOR 1208.65 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF THE NW/4 OF SECTION 20; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 01024'31" AND A RADIUS OF 5230.51 FEET FOR 128.59 FEET; THENCE NORTH 58008'47" WEST FOR 196.31 FEET TO A POINT ON THE SOUTHERLY LINE OF THE NW/4 OF SECTION 20; THENCE SOUTH 89057'56" WEST ALONG SAID SOUTHERLY LINE FOR 662.96 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 58.5 ACRES, be, and the same is hereby zoned from AG (agricultural 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. City of Owasso Attn: luliann Stevens III N. Main Street Owasso, Oklahoma 74055 ATTEST PASSED AND APPROVED this 1st day of June, 2004 City of Owasso, Oklahoma MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ORDINANCE NO. 787 DATE: MAY 27, 2004 BACKGROUND: At the May 18, 2004 meeting, the Owasso City Council approved a rezoning request from Hunt Properties for approximately 58.5 acres of property located approximately south and east of the intersection of E. 96' St. N. and N. Garnett Rd., adjacent to U.S. Hwy 169 in Owasso, OK. The approval changed the zoning from AG to CS. Attached is a copy of Ordinance No. 787 that formally adopts the City Council's action of May 18, 2004. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 787. 1. Ordinance No. 787 2. OZ 04 -06 Staff report with no attachments TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: REZONING — OZ 04 -06 SMITH FARM MARKETPLACE DATE: MAY 12, 2004 The City of Owasso has received a request from Hunt Properties, applicant/owner, for the approval to rezone approximately 58.5 acres of property located south and west of the intersection of N. Garnett Road and E. 9e St. N., adjacent to U.S. Highway 169. The applicant is proposing to rezone the subject property from AG (Agricultural District) to CS (Commercial Shopping Center District) in order to develop a commercial shopping center. A general area map and a complete legal description have been attached for your information and review. Existing Zoning Designation: AG Proposed Zoning Designation: CS The subject property is currently vacant. Most of the northern boundary is bordered by rural property containing agricultural land although the northeastern boundary is bordered by the Oklahoma National Gas office. U.S. Highway 169 forms the southern and eastern property boundary although the City of Owasso water tower in located in the northeast corner. The Lutheran Church and commercial/office space are located west of the subject property. The property is zoned AG (Agricultural District) as is the property to the north. Again, the property to the south and east is occupied by U. S. Hwy 169. The property to the west is zoned CG /OL /AG (Commercial General /Office Light /Agricultural District). ZONING HISTORY In April, 1995 the Smith Farms was rezoned to OPUD -13 which called for a mix of Office, Commercial and Industrial uses within the subject property. 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. The applicant has concurrently submitted a Preliminary Plat containing 15 lots on 2 blocks for a proposed shopping center on the subject property. The review of the Preliminary Plat is subject to this rezoning request being granted. ZONING/DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned CS (Commercial Shopping Center District). According to the City of Owasso Zoning Code, such uses as a Hotel/Motel, restaurant, gas station, retail/service outlet and offices would be allowed by right within the CS 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? The Owasso 2010 Master Plan identifies the subject property as having future land uses of intense commercial uses which is consistent with the request for CS (Commercial Shopping District) ANALYSIS The subject property lies within and is easily accessible to the rapidly developing commercial node of 9e St. N. and U.S. Highway 169. The requested land use designation of CS (Commercial Shopping) is consistent with the surrounding land uses as adjacent property to the west and south along N. Garnett Road are predominately zoned CG and the property to the northeast is zoned CS. Commercial development on the subject property would be serviceable and access could be gained from Garnett Road to the west and E. 9e St. to the north. Staff has received no phone calls or correspondence in opposition of the request. 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 voted to approve OZ 04 -06. RECOMMENDATION Staff recommends approval of OZ- 04 -06, thus rezoning approximately 58.5 acres, from AG (Agricultural District) to CS (Commercial Shopping Center District). ATTACHMENTS 1. General Area Map. 2. OZ -04 -06 Application. 3. Legal Description. 4. Layout of proposed preliminary plat 5. Legal Notice. 6. Letter to Surrounding Property Owners.