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HomeMy WebLinkAbout794_OZ 04-10_N Garnett & E 96th_Smith Farm Marketplace_7.34 Acres_AG to CS(Hunt Properties, N Garnett and E 96th rezoning) CITY OF OWASSO ORDINANCE NO. 794 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-04-10 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 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 reqoning of application OZ- 04-10. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, and the same is hereby zoned from Shopping District). OZ 04-Hl be, PERIMETER: 4239.66 AREAS: 319.560 SQ. FT. 7.34 ACRES, AG (Agricultural District) to CS (Commercial THENCE N 45-04-37 E, A DISTANCE OF 69.89' THENCE N 59-48-47 W, A DISTANCE OF 1.48' THENCE N 44-55-24 W, A DISTANCE OF 112.69' THENCE S 60-26-25 W, A DISTANCE OF 515.21' THENCE S 71-14-20 W, A DISTANCE OF 172.32' THENCE S 45-04-36 W, A DISTANCE OF 485.74' THENCE S 36-41-36 W, A DISTANCE OF 30.15' THENCE N 45-04-48 W, A DISTANCE OF 92.28' THENCE S 45-04-36 W, A DISTANCE OF 386.63' THENCE S 00-04-36 W, A DISTANCE OF 143.84' THENCE N 89-55-24 W, A DISTANCE OF 268.66' THENCE S 00-04-36 W, A DISTANCE OF 10.00' TO THE POINT OF BEGINNING City of Ow as so Atm: JuJimm STevens PO Box 180 Owasso, Oklahoma 74055 THENCE N 45-04-36 E A DISTANCE OF 919.89' THENCE ALONG A CURVE TO THE RIGHT, A DISTANCE OF 172.84', RADIUS OF 250.00' DELTA ANGLE OF 39-36-41, TANGENT 90.03, CHORD 169.42' AND N 64-52-57 E THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 172.84, A RADIUS OF 250.00' DELTA ANGLE OF 39-36-40. TANGENT 90.03 CHORD 169.42 AND N 64-52-~57 E 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 TO THE POINT OF BEGiNNING; THENCE S 89-55-24 E, A DISTANCE OF 375.00 THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 310.23', A RADIUS OF 395.00', DELTA ANGLE OF 45-00-00. TANGENT 163.61 CHORD 302.32' AND N 67-34-.36 E A TRACT OF LAND THAT IS PART OF THE WEST HALF (W/2) 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 PARTICUUi,RL Y DESCRIBED AS FOLLOWS, TO-WIT: Section NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, The zoning classification of the following described property, to wit: WHEREAS, the Owasso City Council has considered the recommendation of tile Owasso Planning Commission and all statements for or against the requested rezoning of application OZ- 04-10. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and AN ORDINANCE APPROVING ZONING APPLlCA TION NUMBER OZ-04-10 CHANGING THE ZONING OF PROPERlY 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. CITY OF OW ASSO ORDINANCE NO. 794 Tulsa County Clerk r:oc# 04109408 Pgs 2 Receipt # 750245 09/09/04 Fee 15 . 00 08:55:42 EARLENE WILSON Section 2. That an 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 IF Sherry Bishop, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney City of Owasso . Attn: Juliann Stevens PO Box 180 Owasso, Oklahoma 74055 OZ 04- !O Ronald D. Cates, City Attorney Sherry Bishop, City Clerk Susan Kimball Mayor APPROVED AS TO FORM: ATTEST: CITY OF OWASSO, OKLAHOMA Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 7th day of September, 2004. PUBLISHERS'S FEE $ My Commission expires: Notary Public day of SEPTEMBER Subscribed and sworn to before me this 17TH be, and the same is hereby zoned from AG (Agricultural Dis- trict) to CS (Commercial Shopping District). BEGINNING AT A POINT THAT IS THE SOUTHWEST COR- NER 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 TO THE POINT OF BEGINNING; THENCE S 89-55-24 E, A DISTANCE OF 375.00 THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 310.23', A RADIUS OF 395.00', DELTA ANGLE OF 45-00-00, TANGENT 163.61', CHORD 302.32' AND N 67-34-36 E THENCE N 45-04-36 E A DISTANCE OF 919.89' THENCE ALONG A CURVE TO THE RIGHT, A DISTANCE OF 172.84', A RADIUS OF 250.00' DELTA ANGLE OF 39-36-41, TANGENT 90.03, CHORD 169.42' AND N 64-52-57 E THENCE ALONG A CURVE TO THE LEFT, A DISTANCE OF 172.84, A RADIUS OF 250.00' DELTA ANGLE OF 39-36-40, TANGENT 90.03, CHORD 169.42', AND N 64-52-57 E, THENCE N 45-04-37 E, A DISTANCE OF 69.89' THENCE N 59-48-47 W, A DISTANCE OF 1.48' THENCE N 44-55-24 W, A DISTANCE OF 112.69' THENCE S 60-26-25 W, A DISTANCE OF 515.21' THENCE S 71-14-20 W, A DISTANCE OF 172.32' THENCE S 45-04-36 W, A DISTANCE OF 485.74' THENCE S 36-41-36 W, A DISTANCE OF 30.15' THENCE N 45-04-48 W, A DISTANCE OF 92.28' THENCE S 45-04-36 W, A DISTANCE OF 386.63' THENCE S 00-04-36 W, A DISTANCE OF 143.84' THENCE N 89-55-24 W, A DISTANCE OF 268.66' THENCE S 00-04-36 W, A DISTANCE OF 10.00', TO THE POINT OF BEGINNING, 4239.66 AREAS: PERIMETER: ACRES, 3 9,560 SQ. FT. 7.34 A TRACT OF LAND THAT IS PART OF THE WEST HALF (W/2) 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 PAR- TICULARLY DESCRIBED AS FOLLOWS, TO-WIT: true copy of which is at- was published in the regular edi- tion of said newspaper during the period and time of publications and not in a supplement, on the following dates: B R_ Retherford, of lawful age, being duly sworn and authorized, says that he is the pub- lisher of the Owasso Reporter, a weekly news- paper published in the City of Owasso, Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publi- cations as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other re- quirements of the laws of Oklahoma with refer- ence to legal publications_ That said notice, a tached hereto, Section 1. The zoning classification of the following described property, to wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, WHEREAS, the Owasso City Council has considered the rec- ommendation of the Owasso Planning Commission and a1i state- ments for or against the requested rezoning of application OZ-04- 10. WHEREAS, public hearings have been held request for rezoning of the property herein described, and regarding AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-04-10 CHANGING THE ZONING OF PROP- ERTY 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 (AGRICUL- TURAL DISTRICT) TO CS (COMMERCIAL SHOPPING DIS- TRICT), AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. the STATE OF OKLAHOMA, TULSA COUNTY, ss: CITY OF OWASSO ORDINANCE NO. 794 Published in the Owasso Reporter, Oklahoma, September 16, 2004. OW ASSO REPORTER Affidavit Of Publication Owasso, Tulsa County, MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ORDINANCE NO. 794 DATE: SEPTEMBER 1, 2004 BACKGROUND: At the August 17, 2004 meeting, the Owasso City Council approved a rezoning request from the Hunt Properties, Inc. for 7.34 acres of property located south and east of the intersection of North Garnett Road and East 96a' Street North adjacent to U.S. Highway 169 in Owasso, OK. The approval changed the zoning from AG (Agricultural District) to CS (Commercial Shopping District). Attached is a copy of Ordinance No. 794 that formally adopts the City Council's action of August 17, 2004. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 794. ATTACHMENT: 1. Ordinance No. 794 2. OZ 04 -10 Staff report with a location map � qLr MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: DUANE CUTHBERTSON, CITY PLANNER SUBJECT: REZONING— (OZ 04 -10) SMITH FARM 1v1KTPLCE ADD. DATE: AUGUST 12, 2004 BACKGROUND Smith Farm Marketplace is a significant retail shopping center proposed by Hunt Properties, Inc., applicant/owner, in the southeast corner of N. Garnett Rd. and E. 96"' St. N. adjacent to U.S. Hwy 169. During the development process, which to this date has included a rezoning of the property to CS (Commercial Shopping) and a preliminary plat review, the applicant discovered that an additional 7.34 acres would be needed to accommodate the planned development. The applicant is requesting the city rezone the additional 7.34 acres to CS (Commercial Shopping District) so that this additional property's zoning designation is consistent with the development plans and legally able to accommodate the intended development of a commercial shopping center. Current Zoning Designation: AG (Agricultural District) Proposed Zoning Designation: CS (Commercial Shopping District) The property is located south and east of the intersection of N. Garnett Rd. and E. 961h St. N. adjacent to U.S. Highway 169. A general area map has been attached for your review. The property is currently vacant and zoned AG (Agricultural District). Most of the northern boundary is bordered by rural property zoned AG containing the Smith farm land although the northeastern boundary is adjacent to the Oklahoma Natural Gas office. The property to the south is vacant but planned as the Smith Farm Marketplace shopping center. Oklahoma Natural Gas offices occupy the property to the east and is zoned OM (Office Medium) while the Lutheran Church and commercial /office space occupy property to the west across N. Garnett Rd. and they are zoned CG and AG. ZONING HISTORY May, 2004 — Associative property located immediately to the south was rezoned to CS (Commercial Shopping District). May, 2004 — Applicant received approval of a preliminary plat (15 lots in 2 blocks) for subject property. Present — The applicant also has a final plat and site plan for the subject property currently in the review process. 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 making the change law. 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 LEWITATIONS If the application is approved, the subject property would be zoned CS (Commercial Shopping District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property including retail shopping, bakery, offices and salons. The developer's intentions to construct a shopping center facility are consistent with requested zoning designation. COMPREHENSIVE PLAN CONSISTENCY The requested zoning designation of CS (Commercial Shopping District) is compatible with the Owasso 2010 Land Use Master Plan and consistent with the development trends in the surrounding area. ANALYSIS Hunt Properties, Inc. is requesting to rezone 7.34 acres of additional property to incorporate into the Smith Farm Marketplace development. The additional property is located along the northern boundary of what has to date been reviewed as part of the Smith Farm Marketplace. During the development of this shopping center the developer has determined a need to expand the development north roughly 200' from the original boundary in order to accommodate all of the specific spacing requirements. The additional property has been acquired and was intended initially to be utilized for the rear service road and northern detention pond however it was discovered that a small portion of the main shopping center building will encroach upon the additional agriculturally zoned land. As such, the property will need to be rezoned so that the land will have the appropriate zoning to accommodate the building(s). Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received no phone calls or correspondence from the public in regards to the request. 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 regular meeting the Owasso Planning Commission unanimously recommended approval of OZ 04 -10. RECOMMENDATION Staff recommends approval of OZ 04 -10 to change the zoning designation of the subject property from AG (Agricultural District) to CS (Commercial Shopping District). ATTACHMENTS 1. General Area Map 2. Rezoning Application 3. Legal Description and Exhibit 4. Legal Notice 'MW c Subject Prope � � -A V .4A Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918376.1597 ww-w.cityofowasso.com C) 0 M OZ 04-10 Hunt Properties SE of E. 96th St. N. and N. 129th E. Ave.