HomeMy WebLinkAbout793_OZ 04-09_Longford Group 66.42 Acres_NW intersection of N 129 E Ave and E 96 St N_RS-3, RS-2 and RE to OMTulsa County Clerk - EARLENE WILSON
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CITY ASS
ORDINANCE .793
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 04-09 CHANGING THE
ZONING OF PROPERTY LOCATED ON A TRACT OF LAND THAT IS PART OF THE SW/4 AND
THE SE/4 OF SECTION 17, THOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE &
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, FROM A COMBINATION OF RS-3
(RESIDENTIAL SINGLE-FAMILY DISTRICT), RS-2 (rESIDENTIAL SING-FAMILY DISTRICT)
AND RE (RESIDENTIAL ESTATES DISTRICT) TO OM (OFFICE MEDIUM INTENSITY
DISTRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREIWTH.
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-
04-09.
NOW, THEREF'ORE, BE IT ORDAINED BY THE COUNCIL OF T CITY OF
OWASSO, OKLAHOMA, THAT,
Section 1. The zoning classification of the following described property, to wit:
A TRACT OF LAND LOCATED IN THE SW/4 AND THE SE/4 OF SECTION 17, T-21-N, R-
14-E OF THE INDIAN EASE AND MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA.
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2 "OWASSO MARKET
II", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF
OKLAHOMA ACCORDING TO THE OFFICIAL RECORDED FLAT THEREOF, FLAT NO.
5508,
THENCE N 01° 17'27" W A DISTANCE OF 272.82 FEET TO A POINT ON THE SOUTH
LINE OF "BAILEY NCH ESTATES", ADDITION TO THE CITY OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE, OFFICIAL
RECORDED PLAT THEREOF, PLAT NO. 5035.
THENCE N 880 44' 06" E ALONG THE SOUTH LINE OF BAILEY NCH ESTATES AND
BAILEY RANCH ESTATES II A DISTANCE OF 1326.03 FEET TO THE SOUTHEAST
CORNER OF LOT 12, BLOCK 9, BAILEY RANCH ESTATES II, AN ADDITION TO THE
CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE
OFFICIAL RECORDED PLAT THEREOF, PLAT NO. 5360.
THENCE N 01° 15'46" W ALONG THE EAST LINE OF BAILEY NCH ESTATES II A
DISTANCE OF 1322.99 FEET TO THE NORTHEAST CORNER OF BAILEY RANCH
ESTATES II, SAID POINT ALSO BEING THE CENTER OF SAID SECTION 17.
THENCE N 880 43'40" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF
S. SECTION 17 A DISTANCE OF 1959.44 FEET;
THENCE S 01° 19'35" E A DISTANCE OF 938.15 FEET.
THENCE S 88040'25" W A DISTANCE OF 513.86 FEET,
THENCE S 48° 54'03" W A DISTANCE OF 1026.61 FEET TO THE ORTHE Y RIGHT-
OF-WAY OF EAST 98TH STREET NORTH;
THENCE S 88° 44'33" W ALONG T NORTHERLY RIGHT-OF-WAY OF EAST 98TH
STREET NORTH AND ALONG THE NORTH LINE OF LOT 1, BLOCK. 2 OF SAID
OWASSO MARKET II A DISTANCE OF 1984.20 FEET TO THE "POINT OF BEGINNING".
SAID TRACT CONTAINS APPROXIMATELY 66.4231 ACRES, MORE OR LESS.
be, and the same is hereby zoned from RS-3 (Residential District), S-2 (Residential
District) and RE (Residential District) to O (Office Medium Intensity District).
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby expressly repealed.
APPROVED this 7'h day of September, 2004.
ATTEST:
City of Owasso, Oklahoma
Susan Kimball,
City of Owasso
Attn: Juliann Stevens
PO Sox 180
Owasso, U-Jalaoma 74055
17
OZ 04.09
OZ 04-09/Z- ---"UD 04-03
Owasso Medical Center
E. Ave.North of E. 96th St. N. and West of N. 129th
Affidavit Of Publication
OWASSO PORTER
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
homa, September 16, 2004.
TULSA COUNTY, ss:
STATE OF OKLAHOMA
CITY OF OWASSO
ORDINANCE NO. 793
Bill R. Retherford of lawful age, being duly
AN ORDINANCE APPROVING ZONING APPLICATION
NUMBER OZ-04.09 CHANGING THE ZONING OF PROP-
sworn and authorized, says that he is the pub-
ERTY LOCATED ON A TRACT OF LAND THAT IS PART OF
THE SW/4 AND THE SE/4 OF SECTION 17, TOWNSHIP 21
usher of the Owasso Reporter, a weekly news-
NORTH,
FROM A
AHOMA
Tulsa
of Owasso
ublished in the Cit
TU SA COUNTY, STATE OF OKL
COMBINATION OF RS-3 (RESIDENTIAL SINGLE-FAMILY
paper p
DISTRICT), RS-2 (RESIDENTIAL SINGLE-FAMILY DIS-
County, Oklahoma, a newspaper qualified to
TRICT) AND RE (RESIDENTIAL ESTATES DISTRICT) TO
advertisements and publi-
al notices
ublish le
OM (OFFICE MEDIUM INTENSITY DISTRICT), AN
REPEALING ALL ORDINANCES OR PARTS OF ORDI-
cations as provided in Section 106 of Title 25,
NANCES IN CONFLICT HEREWITH.
Oklahoma Statutes 1971 and 1983 as amended,
WHEREAS, public hearings have been held regarding the
request for rezoning of the
and thereafter, and complies with all other re-
herein described, and
property
quirements of the laws of Oklahoma with refer-
WHEREAS, the Owasso City Council has considered the rec-
ommendation of the Owasso Planning Commission and all state-
ence to legal publications.
ments for or against the requested rezoning of application 07-04-
That said notice, a true copy of which is at-
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
tached hereto, was published in the regular edi-
THE CITY of OWASSO, OKLAHOMA, THAT,
tion of said newspaper during the period and
Section 1. The zoning classification of the following described
publications and not in a supplement
time of
A TRACT OF LAND LOCATED IN THE SW/4 AND THE SE/4
dates:
n the followin
OF SECTION 17, T-21-N, R-14-E OF THE INDIAN BASE
AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA.
BEGINNING AT THE NORTHWEST CORNER OF LOT 1,
BLOCK 2 "OWASSO MARKET II", AN ADDITION TO THE
CITY OF OWASSO, TULSA COUNTY, STATE OF OKLA-
HOMA ACCORDING TO THE OFFICIAL RECORDED PLAT
SEPTTMBT-7. 16TH, 2004
THEREOF, PLAT NO.5508;
THENCE N 019 17'27"W A DISTANCE OF 272.82 FEET TO
A POINT ON THE SOUTH LINE OF "BAILEY RANCH
ESTATES", AN ADDITION TO THE CITY OF OWASSO,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO
THE OFFICIAL RECORDED PLAT THEREOF, PLAT NO.
Subscribed and sworn to before me this 17TH
5035.
THENCE N 882 44' 06" E ALONG THE SOUTH LINE OF
day of SEPTEMBER , 2004
BAILEY RANCH ESTATES AND BAILEY RANCH ESTATES
II A DISTANCE OF 1326.03 FEET TO THE SOUTHEAST
CORNER OF LOT 12, BLOCK 9, BAILEY RANCH ESTATES
AN ADDITION TO THE CITY OF OWASSO, TULSA
COUNTY, STATE OF OKLAHOMA ACCORDING TO THE
Notary Public
OFFICIAL RECORDED PLAT THEREOF, PLAT NO. 5360.
THENCE N 012 15'46" W ALONG THE EAST LINE OF BAI-
LEY RANCH ESTATES II A DISTANCE OF 1322.99 FEET
My Commission expires:
TO THE NORTHEAST CORNER OF BAILEY RANCH
ESTATES 11, SAID POINT ALSO BEING THE CENTER OF
SAID SECTION 17.
THENCE N 889 43'40" E ALONG THE NORTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 17 A DIS-
TANCE OF 1959.44 FEET;
THENCE S 01919'35" E A DISTANCE OF 938.15 FEET
THENCE S 88940'25"W A DISTANCE OF 513.86 FEET;
THENCE S 489 54'03" W A DISTANCE OF 1026.61 FEET
TO THE NORTHERLY RIGHT-OF-WAY OF EAST 98TH
STREET NORTH;
PUBLISHERS' S FEE 17i3.2O THENCE S 889 44'33" W ALONG THE NORTHERLY RIGHT-
OF-WAY OF EAST 98TH STREET NORTH AND ALONG
THE NORTH LINE OF LOT 1, BLOCK 2 OF SAID OWASSO
MARKET II A DISTANCE OF 1984.20 FEET TO THE "POINT
OF BEGINNING".
SAID TRACT CONTAINS APPROXIMATELY 66.4231
ACRES, MORE OR LESS.
be, and the same is hereby zoned from RS-3 (Residential District),
RS-2 (Residential District) and RE (Residential District) to OM
(Office Medium Intensity District).
Section 2. That all ordinances or parts of ordinances in conflict
herewith be, and the same are hereby expressly repealed.
APPROVED this 7th day of September, 2004.
ATTEST:
CITY OF OWASSO, OKLAHOMA
Sherry Bishop, City Clerk
Susan Kimball
Mayor
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DUANE CUTHBERTSON
CITY PLANNER
SUBJECT: ORDINANCE NO. 793
DATE: SEPTEMBER 1, 2004
BACKGROUND:
At the August 17, 2004 meeting, the Owasso City Council approved a rezoning request from the
Longford Group for 66.42 acres of property located 0.3 miles northwest of the intersection of North
129 East Avenue and East 96w Street North in Owasso, OK. The approval changed the zoning
from a combination of RS -3 (Residential Single - Family District), RS -2 (Residential Single - Family
District), and RE (Residential Estates District) to OM (Office Medium Intensity District).
Attached is a copy of Ordinance No. 793 that formally adopts the City Council's action of August
17, 2004.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 793.
ATTACHMENT:
1. Ordinance No. 793
2. OZ 04 -09 Staff report with a location map
N-3
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: DUANE CUTHBERTSON, CITY PLANNER
SUBJECT: REZONING — (OZ 04 -09) OWASSO MEDICAL CAMPUS
DATE: AUGUST 12, 2004
The City of Owasso has received a request from the Longford Group, Inc., applicant/owner,
for the review and approval of a Planned Unit Development rezoning approximately 66.42
acres of property for OM (Office Medium Intensity) uses to enable the development of a
full service hospital, associative medical office space and assisted living residential. In
conjunction with the PUD application the property owner has requested the city rezone the
property to OM.
PRESENT ZONING: RS -3, RS -2 & RE
REQUESTED ZONING: OM
The subject property is located 0.3 miles northwest of the intersection of E. 961h St. N.
and N. 129th E. Ave.; immediately north of the Owasso Market. It is currently vacant and
zoned a combination of RS -3 and RS -2 with a 150' strip of RE zoning adjacent to Sherrill
Acres. Sherrill Acres (large lot residential) occupies the property to the north and is
zoned RE while the Owasso Market shopping center resides to the south and is zoned CS.
Bailey Ranch Estates (single family residential) is located immediately west and zoned
RS -3 and the property to the east is vacant but planned for office use and zoned CS and
OL.
There are no recent plans associated with the subject property. At one time the property
was being planned for single family residential however those plans were abandoned by
the property's owner.
As stated above, the property owner has submitted a Planned Unit Development
application for review in conjunction with the rezoning request. The PUD outlines the
development of the property in accordance with the zoning requirements of an OM
(Office Medium Intensity District).
DEVELOPMENT PROCESS
The first step in the development of a piece of property in Owasso is annexation.
Annexation is the method whereby land located outside the city limits is made a part of
the city. Property owners and land developers sometimes choose to have their property
annexed into Owasso in order to receive Owasso municipal services, such as police
protection, refuse collection, and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When
a property is annexed into Owasso, by law it must come in classified for AG Agricultural
use. In order to develop the property, the land must be zoned for particular kinds of uses,
such as residential, office, commercial, or industrial. Rezoning decisions are made in
accordance with the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit
Development, or PUD. When a development proposes to exhibit a mixture of uses with
specific regulations and standards unique to a particular tract of land, a PUD is often the
preferred land use control mechanism.
The third step in the development of a piece of property in Owasso is platting. A
preliminary plat is required for any development that proposes to divide land into two or
more lots. Preliminary plats illustrate the development concept for the property, and are
often modified significantly after being reviewed by the Technical Advisory Committee
(TAC), and the Owasso Planning Commission. Sometimes, difficult development issues
such as existing utility lines, wells, or easements are brought to light at the preliminary
plat stage and must be remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These
plans include specifications and drawings for stormwater drainage, streets and grading
and erosion control, waterlines, stormwater detention, and wastewater lines. Often,
approval is required of other agencies, such as the Department of Environmental Quality
for wastewater collection and the US Army Corps of Engineers for properties that may be
development sensitive.
Once the property development proposal shows a division of lots that is acceptable to
both the developer and the City of Owasso, a final plat application is submitted. A final
plat illustrates the layout and dimension of lots included on the final plat, right -of -way
widths, easements, and other physical characteristics that must be provided for review by
the City. After obtaining approval from the TAC and Planning Commission, the final
plat is considered by the City Council. If approved, the final plat is filed with the office
of the County Clerk and governs all future development on that property.
Another form of property division that can be considered in some cases is a lot split. Lot
splits are minor subdivisions of property into three or fewer tracts, and do not provide for
any new public streets. Typically, this is an appropriate option for a land owner who
wishes to take large undeveloped parcels of land and divide it into two or three smaller
tracts.
The fourth step in the development of a piece of property in Owasso is the site plan. Site
plans are reviewed by the TAC and Planning Commission. Issues such as building
setbacks, parking, access, landscaping, and building footprint are presented in the site
plan. Once a site plan is approved, the development is clear to apply for a building
permit and to submit construction plans for the building's foundation, plumbing,
electrical system, and HVAC.
REZONING REVIEW PROCESS
The rezoning process is initiated when a property owner submits an application
requesting a change in a property's zoning designation. The property owner must submit
an application indicating the current zoning designation and defining the requested
zoning designation. The application should be accompanied by the zoning fee, an
accurate legal description and map showing the property as well as a certified 300' radius
report.
Upon receipt of a complete application the staff will begin the review process by
providing legal notice through the placement of an advertisement of the application in the
newspaper, sending notice letters to property owners within 300' of the subject property
and posting a sign on the property at the point closest to a public road. As staff is
soliciting citizen input from the notification the application will receive an internal
review. The internal review consists of answering three primary questions:
1. Is the requested zoning designation consistent with the Owasso 2010 Land Use
Comprehensive Plan?
2. Is the requested zoning designation the highest and best land use classification
for the subject property?
3. Is the proposed zoning designation consistent with surrounding development?
Based on that criteria staff will formulate a recommendation for the request to forward to
the Owasso Planning Commission.
The Owasso Planning Commission will hold a public hearing to determine if the
requested zoning change is appropriate and make a recommendation to forward to the
Owasso City Council.
The Owasso City Council will make the final determination whether or not to rezone the
subject property to the requested classification or a less intense classification. If the
zoning designation is changed by the City Council an ordinance officially declaring the
rezoning of the property is written and adopted by the City Council. -
LEGAL CONSIDERATIONS OF A REZONING REVIEW
The decision to rezone a particular property in the City of Owasso should be based on
three fundamental questions:
1. Is the requested zoning designation consistent with the Owasso 2010 Land Use
Comprehensive Plan?
2. Is the requested zoning designation the highest and best land use classification for
the subject property?
3. Is the proposed zoning designation consistent with surrounding development?
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.
ZONING/DEVELOPNIENT LIlVIITATIONS
If the application is approved, the subject property would be zoned OM (Office Medium
Intensity District). According to the City of Owasso Zoning Code uses including offices,
studios, hospitals and schools would be allowed on the subject property by right. Uses
such as multi - family residential would be allowed on the subject property by Special
Exception or as incorporated by a PUD. The intentions of the developer to construct a
hospital, associative offices and assisted living residential units are consistent with the
requested designation.
CONFORMANCE TO MASTER PLAN DESIGNATION:
The Owasso 2010 Land Use plan designates for the subject property for residential uses.
The Master Plan draft that has been developed by the Master Plan update committee has the
property planned for transitional land uses (offices and multi- family residential). It is
anticipated that the Planning Commission and City Council will conduct a public hearing on
the Master Plan draft in September.
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 and east of
the subject site are established residential districts. The property to the south of the subject
site is an intense commercial district. OM zoning for this property would provide a suitable
transition between the commercial to the south and the residential to the north. Staff believes
the request would be found consistent with the Owasso 2010 Land Use Master Plan.
ANALYSIS
Longford is requesting to rezone 66.42 acres of property to OM (Office Medium Intensity
District) in order to develop a full service hospital complex. The proposal includes a
hospital, associative medical support offices and a multi - family assisted living complex.
As was stated above staff believes that this type of transitional zoning designation is
appropriate between high and low intensity zoning districts. The office designation
would provide a reasonable transition between the Owasso Market shopping center to the
south and the residential subdivisions to the north. Staff believes that a transitional
zoning designation such as office would prove more appropriate immediately behind the
Owasso Market than the property's current designation of residential.
The proposed use and requested designation of OM(Office Medium Intensity District) are
compatible with the most recent development trends in the surrounding area. The subject
property lies within the rapidly growing 960' St. N. and U.S. Hwy 169 activity node. The
node has blossomed into a densely developed commercial center. An office complex
indirectly accessible from 96`h St. N. and directly accessible from N. 129 1 Ave. behind
the Owasso Market would be consistent with that growth trend. The property seems ideal
for a Hospital as it is in the geographic center of Owasso and highly accessible from all
directions. The property is also highly visible from U.S. Hwy 169. Staff is aware that
the proposed development would abut residential property however the zoning code does
provide for protection in the form of screening requirements and light pollution
protection. In addition, there exists a large berm between Bailey Ranch Estates and the
subject property that would provide further insulation between the two uses.
The property owner has, in conjunction with the requested zoning change, applied for a
Planned Unit Development (PUD) designation for the subject property. If the zoning
request is approved a PUD would allow the city to apply any measures it deems
necessary to further ease the transition from the proposed zoning designation of OM to
the residential land uses to the north.
Letters were mailed to surrounding property owners and a legal advertisement was
published in the Owasso Reporter. Staff has received several phone calls from the public
in regards to the request. Most of the concerns expressed by adjacent property owners
were related to the anticipated relationship or conflict between residential and office uses.
Many residents expressed concerns with additional traffic, light and noise associated with
the proposed development. The developer set up a neighborhood meeting that was
conducted on August 5, 2004 so that surrounding property owners would have an
opportunity to express their concerns with the proposed development and allow the
applicant an opportunity to address those concerns. Citizen input gathered from that
meeting will be presented to the Planning Commission. Copies of both the letter to
property owners and the legal advertisement are attached for your information and
review.
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. Significant development will be
subject to a site plan review, at which time proposed and existing development will have
to meet the City's requirements. Stormwater detention will be required as will adequate
infrastructure including water and sewer and all other requirements such as sidewalks,
appropriate access and appropriate signage.
PLANNING COMMISSION
At the August 9, 2004 meeting the Owasso Planning Commission unanimously
recommended approval of OZ 04 -09, to rezone the subject property to OM (Office
Medium Intensity District).
Staff recommends approval of OZ 04 -09 to change the zoning designation of the subject
property to OM (Office Medium Intensity District).
ATTACHMENTS
1. General Area Map
2. Rezoning Application
3. Legal Description and Exhibit
4. Legal Notice