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HomeMy WebLinkAbout830_Nunc Pro Tunc_OZ 05-08_34.8 Acres_NE C E 106 and 129 E Ave_ AG to CSTulsa County Clerk- EARLENE WILSON Doc # 2007054268 Pages 2 Recei t # 925222 05/18/07 10:51:1 1 Fee 15 0Q_ CITY OF OWASSO ORDINANCE NO. 830 Nunc Pro Tunc AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ- 05-08 CHANGING THE ZONING OF PROPERTY INSIDE THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS WHEREAS, on October 4, 2005 Ordinance number 830 was passed approving OZ- 05 -08, a rezoning. The legal description on said ordinance was erroneous. The correct legal description for Ordinance 830 is as follows: THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS. 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 and against the requested approval of OZ 05 -08. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT; Section 1. The zoning classification of the following described property, to wit: THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS is hereby changed from AG Agricultural 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. May, 2007. Stephen ataudella, Mayor ATTEST: SEAL Sherry BisI46p, City Clerk APPROVED AS TO FORM: N. 10 AVE REJOICE CHRISTIAN SCHOOL Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com OZ 05 -08 AUGUST it, 2005 PUBLISHER'S AFFIDAVIT ORD NO. 830 PUBLICATION DATE(S) 05/22/07 CASE NUMBER: ORD NO. 830 AD NUMBER: 00031482 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative Signature Subscribed to and sworn to me this 23rd day of May, 2007. F&CY CAROL My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 44 55 NAi;CV CAROL M6(�RE Notary Puh llc - Tate of Oklahoma Tulsa My Commission Expires December 8, 2010 Commission # 06011 b84 31482 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May 22, 2007 CITY OF OWASSO ORDINANCE NO. 830 Nunc Pro Tunc AN ORDINANCE APPROVING ZONING APPLICATION NUM- BER OZ -05 -08 CHANGING THE ZONING OF PROPERTY INSIDE THE SOUTHWEST QUARTER (SW /4) OF THE SOUTH- WEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLA- HOMA ACCORDING TO THE GOVERNMENT SURVEY THERE- OF, CONTAINING 40 ACRES MORE OR LESS WHEREAS, on October 4, 2005 Ordinance number 830 was passed approving OZ- 05 -08, a rezoning. The legal description on said ordinance was erroneous. The correct legal description for Ordinance 830 is as follows: THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS. 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 recom- mendation of the Owasso Planning Commission and all state- ments for and against the requested approval of OZ 05 -08. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT; Section 1. The zoning classification of the following described property, to wit: THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 40 ACRES MORE OR LESS is hereby changed from AG Agricultural 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. APPROVED this 15th day of May, 2007. ATTEST: /s/ Sherry Bishop City Clerk APPROVED AS TO FORM: /s /Julie Lombardi City Attorney /s/Stephen Cataudella, Mayor MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: NUNC PRO TUNC ORDINANCES 818 AND 830 DATE: May 11, 2007 BACKGROUND: As part of an inventory of development ordinances over the past few years, the staff has double - checked legal descriptions for annexations, easement closures, rezonings, and PUDs that have been approved since 2002. In all 131 ordinances were examined, and two legal descriptions were found that are incorrect. One of these legal descriptions is for ordinance No. 818, approving a Planned Unit Development (PUD) for a residential development southeast of Crown Colony (the case map is attached with this memorandum). The other legal description is for ordinance No. 830, approving a rezoning for 40 acres at the northeast corner of East 106th Street North and North 129th East Avenue (this case map is also attached). In order to correct these ordinances, the staff has prepared revised legal descriptions for each of them and has included these descriptions within new corrective ordinances called nunc pro tunc — literally, "now for then ". In order for the changes to be effective, the nunc pro tunc ordinances must be approved, thereby replacing the previous ordinances that had erroneous legal descriptions. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 818 Nunc Pro Tunc and Ordinance No. 830 Nunc Pro Tunc. ATTACHMENTS: 1. Ordinance No. 818 Nunc Pro Tunc 2. Case Map for Ordinance No. 818 3. Ordinance No. 830 Nunc Pro Tunc 4. Case Map for Ordinance 830 Tulsa County Clerk- EARLENE WILSON Doc# 2005123306 Pages 2 Receipt# 824420 10/14/05 13:35:52 Fee .00 CITY OF OWASSO ORDINANCE NO. 830 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-05-08 CHANGING THE ZONING OF PROPERTY INSIDE THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVET THEREOF, CONTAINING 34.8 ACRES MORE OR LESS. ALL THAT PART OF THE SOUTHWEST QUARER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SETION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE SOUTH LINE OF SAID SW/4, 494.00' WEST OF THE SOUTHEAST CORNER THEREOF, THENCE DUE WEST ALONG THE SOUTH LINE OF SAID SW/4, 331.00'; THENCE DUE NORTH 330.00'; THENCE DUE EAST 331.00'; THENCE DUE SOUTH 330.00' TO THE POINT OF BEGINNING CONTAINING 2.51 ACRES MORE OR LESS A.K.A 13109 EAST 106 STREET NORTH. AND; THE EAST 357.00' OF THE SOUTH 330.00' OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVET THEREOF, CONTAINING 2.7 ACRES MORE OR LESS, A.K.A 13227 EAST 106 STREET NORTH. 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 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 05-08. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW OKLAHOMA, THAT, Section 1. The zoning classification of the following described property, to wit*::: PARCEL1 THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 34.8 ACRES MORE OR LESS. OZ 05-08 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO OKLAHOMA, THAT, Section 1. The zoning classification of the following described property, to wit: PARCEL 1 THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SW/4, 494.00; WEST OF THE SOUTHEAST CORNER THEREOF, THENCE DUE WEST ALONG THE SOUTH LINE OF SAID SW/4 331.00'; THENCE DUE NORTH 330.00'; THENCE DUE EAST 331.00'; THENCE DUE SOUTH 330.00' TO THE POINT OF BEGINNING CONTAINING 2.51 ACRES MORE OR LESS, A.K.A 13109 EAST 106 STREET NORTH. M THE EAST 357.00' OF THE SOUTH 330.00' OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 2.7 ACRES MORE OR LESS, A.K.A. 13227 EAST 106 STREET NORTH. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Trout Lombardi, City Attorney APPROVED: Mayor Publication Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, October 11, 2005. OWASSO REPORTER CITY OF OWASSO ORDINANCE NO. 830 STATE OF OKLAHOMA, TULSA COUNTY, SS: AN ORDINANCE APPROVING ZONING APPLICATION NUM- BER OZ -05 -08 CHANGING THE ZONING OF PROPERTY INSIDE THE SOUTHWEST QUARTER (SW 14) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWN- Mary J. Retherford of lawful age, being ui SHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SUR- sWorn and authorized, Says that She is the pub- VEY THEREOF, CONTAINING 34.8 ACRES MORE OR LESS. Usher of the Owasso Reporter, a Weekly news- ALL THAT PART OF THE SOUTHWEST QUARTER (SW /4) paper published in the City Of Owasso, Tulsa OF THE SOUTHWEST QUARTER (SW 14), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, County, Oklahoma, a newspaper qualified to STATE OF OKLAHOMA, ACCORDING TO THE GOVERN - MENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: publish legal notices, advertisements and pubh- BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SW /4, 494.00' WEST OF THE SOUTHEAST CORNER Cations as provided in Section 1 06 of Title 25, THEREOF, THENCE DUE WEST ALONG THE SOUTH LINE OF SAID SW /4, 331.00'; THENCE DUE NORTH 330.00'; Oklahoma Statutes 1971 and 1983 as amended, THENCE DUE EAST 331.00'; THENCE DUE SOUTH 330.00' TO THE POINT OF BEGINNING CONTAINING 2.51 ACRES and thereafter, and complies With all other re- MORE OR LESS, A.K.A 13109 EAST 106 STREET NORTH. quirements of the laws of Oklahoma With refer- AND' THE EAST 357.00' OF THE SOUTH 330.00' OF THE SOUTH- WEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER That said 110t1Ce a true CO of Wl1lCl1 S at- (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORD - tached hereto, was ubllshed in the re ular edl- INGTOTHEGOVERNMENTSURVEYTHEREOF,,CONTAIN- ING 2.7 ACRES MORE OR LESS, A.K.A. 13227 EAST 106 doll Of said fl1eWS a er durlll the period and STREET NORTH. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. time of publications and not in a supplement, WHEREAS, public hearings have been held regarding the on the following dates: request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recom- mendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OZ 05 -08. OCTOBER I I T -I, 2005 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The zoning classification of the following described Property, to wit: Subscribed and 41"GrWto before me thii 12TH PARCELL THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST day Of 0CTOEER, 2005 QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 34.8 ACRES MORE OR LESS. ALL THAT PART OF THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER Notary (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERN- My Commission expires: MENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SW /4, 494.00' WEST OF THE SOUTHEAST CORNER THEREOF, THENCE DUE WEST ALONG THE SOUTH LINE OF SAID SW /4, 331.00'; THENCE DUE NORTH 330.00'; THENCE DUE EAST 331.00'; THENCE DUE SOUTH 330.00' TO THE POINT OF BEGINNING CONTAINING 2.51 ACRES MORE OR LESS, A.K.A 13109 EAST 106 STREET NORTH. AND; THE EAST 357.00' OF THE SOUTH 330.00' OF THE SOUTH- WEST QUARTER (SW /4) OF THE SOUTHWEST QUARTER (SW /4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORD- ING TO THE GOVERNMENT SURVEY THEREOF, CONTAIN- PUBL,ISHERS'S FEE $ 201.60 ING 2.7 ACRES MORE OR LESS, A.K.A. 13227 EAST 106 STREET NORTH. is hereby changed from AG Agricultural to CS Commercial Shop- ping District. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. APPROVED this 4th day of October, 2005. APPROVED: /s/ Craig Thoendel Craig Thoendel, Mayor ATTEST: APPROVED: /s/ Sherry Bishop /s/ Julie Trout Lombardi TO: THE HONORABLE MAYOR AND COUNCH, CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT-, DATE: September !4, 2005 South: Large Lot Residential East: Rejoice Christian School West: Large-Lot Residential second step in the development of a piece oft opetyn Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, ommercial, or industrial. Rezoning decisions are made in accordance with y a k rowth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water/wastewater services, and stormwater detention are »© able to be considered at the zoning stage of the development process. The.fourth step in the development of a piece of property in Owasso is thee 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 » <§J building's foundation, plumbing, electrical system, and HVAC. ANALYSIS The City of Owasso has received a request to review and approve the rezoning t a p proximately 40 acres from A(Agriculture District) to CS (Commercial Shopping). The request is consistent with the Owasso an Use Master Plan. Letters surrounding property owners and the legal advertisement was published in the Owasso Reporter. A copy of the legal notice is 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 any future development to occur. Significant development would be subject to asite plan review, and the proposed development would have tomeet the City's requirements. T:MNNING CONMSSION: The Owasso Planning Commission considered the application at a public hearing conducted on September 12, 2005. At that public hearing, the Planning Commission unanimously recommended approval of OZ 05-08. RECOMMENDATION ATTACHMENTS: I. General Area Maps 2. Legal Notice NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ 05-08 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7 :00 P.M. September 12, 2005. At the hearing, consideration will be given to the proposed change of the zoning- classification of the following described property: The Southwest quarter (SW /4) of the Southwest quarter (SW /4), of Section 9, Township 21 North, Range 3.4 East, Tulsa County, State of Oklahoma according to the Government Survey thereof, containing 34.8 acres more or less. All that part of the Southwest Quarter (SW /4) of the Southwest Quarter (SW /4), of Section 9, Township 21 Forth, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, described as follows: Beginning at a point on the South Line of said SW /4 SW /4, 494.00' West of the Southeast corner thereof, thence due 'West along the South Line of said SW /4 SW /4, 331.00'; thence due North 330.009, thence due East 331.00', thence due South 330.00' to the point of beginning containing 2.51 acres more or less, A.K.A 13109 East 106 Street forth. and; The East 357.00' of the South 330.00' of the Southwest Quarter (SW /4) of the Southwest Quarter (SW /4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 2.7 acres more or less, A.I.A. 13227 East 106 Street North. To be. considered is a rezoning of property approximately 40 acres in size, located on the northeast comer of E. 106'h St. N. and N. 129 E. Ave. To be considered is a rezoning from AG (Agricultural District) to CS (Commercial Shopping District). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 ®1543. Dated at Owasso, Oklahoma, this 12`h day of August, 2005. McCulley City Planner City of Owasso P. 0. Box 180 Owasso, Ok 74055 To Whom It May Concern, This letter serves as a written request to change the existing zoning classification AG (Agricultural) to CS (Commercial Shopping) on the following property located in Tulsa County, Oklahoma, to-wit: The Southwest quarter (SW/4) of the Southwest quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 34.8 acres more or less. LESS AND EXCEPT: A tract or parcel of landing the Southwest Quarter (SW/4) of the Southwest Quarter (SW/4), of Section 9, Township 21 North, Range 14 East, Tulsa Countll, State of Oklahoma, according to the Government Survey thereof, described as follows: Beginning at a point on the South Line of said SW/4 SW/4, 494.00'West of the Southeast corner thereof, thence due West along the South Line of said SW/4 SW/4, 331.00'; thence due North 330.00' thence due East 331.00'; thence due South 330.00'to the point of beginning containing 2.51 acres more or less, AKA 13109 East 106t' Street North. Dated this 12 th ofJune,200EM Dated this 12th of June, 2005 Michael R. f -offer City of Owasso P. O. Box 180 To Whom It May Concern, This letter serves as a written request to change the existing zoning classification AG (Agricultural) to CS (Commercial Shopping) on the following property located in Tulsa County, Oklahoma, to-wit: Requested by owners of record: Dated this 1 stn of June, 2005 Michael R. Loffer City of Owasso P. O. Box 180 Owasso, Ok 74055 AG (Agricultural) to CS (Commercial Shopping) on the following property located in Tulsa County, Oklahoma, to-wit-, The East 357.00' of the South 330.00' of the Southwest Quarter (SW/4) of the Southwest Quarter (SW14), of Section 9, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the Government Survey thereof, containing 2.7 acres more or less, A. .A 13227 East 106th Street North, Dated this 12th of Juno, 2005 Dated this 12th of June, 2005 ATTACHMENT: 1. Ordinance No. 830 2. Subject Map RECOMMENDATION: Staff recommends Council approval of Ordinance No. 830. Attached is a copy of Ordinance No. 830 that formally adopts the City Council' s action of September 20, 2005. BACKGROUND: At the September 20, 2005 meeting, the Owasso City Council approved a Rezoning request (OZ 05-08) for approximately 40 acres of property located on the northeast corner of N. 129th East A venue and E. 106th Street North. September 28,2005 DATE: ORDINANCE NO, 830 SUBJECT: CHIP MCCULLEY CITY PLANNER FROM: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO TO: MEMORANDUM OZ 05,08 ALL THAT PART OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SW/4, 494.00' WEST OF THE SOUTHEAST CORNER THEREOF, THENCE DUE WEST ALONG THE SOUTH LINE OF SAID SW/4, 331.00'; THENCE DUE NORTH 330.00'; THENCE DUE EAST 331.00'; THENCE DUE SOUTH 330.00' TO THE POINT OF BEGINNING CONTAINING 2.51 ACRES MORE OR LESS, AKA 13109 EAST 106 STREET NORTH. THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 34.8 ACRES MORE OR LESS. PARCEL 1 Section 1. The zoning classification of the following desclibed property, to wit: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, THAT, 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 05-08. WHEREAS, public hearings have been held regarding the request for rezoning ofthe property herein described, and THE EAST 357.00' OF THE SOUTH 330.00' OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 2.7 ACRES MORE OR LESS, AKA. 13227 EAST 106 STREET NORTH. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. AND; ALL THAT PART OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SW/4, 494.00' WEST OF THE SOUTHEAST CORNER THEREOF, THENCE DUE WEST ALONG THE SOUTH LINE OF SAID SW/4, 331.00'; THENCE DUE NORTH 330.00'; THENCE DUE EAST 331.00'; THENCE DUE SOUTH 330.00' TO THE POINT OF BEGINNING CONTAINING 2.51 ACRES MORE OR LESS, A.K.A 13109 EAST 106 STREET NORTH. AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-05-08 CHANGING THE ZONING OF PROPERTY INSIDE THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 34.8 ACRES MORE OR LESS. CITY OF OW ASSO ORDINANCE NO. 830 OZ 05,08 Julie Trout Lombardi, City Attorney APPROVED AS TO FORM: Sherry Bishop, City Clerk ATTEST: Craig Thoendel, Mayor APPROVED: APPROVED this 4th day of October, 2005. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. is hereby changed from AG Agricultural to CS Commercial Shopping District. THE EAST 357.00' OF THE SOUTH 330.00' OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHWEST QUARTER (SW/4), OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE GOVERNMENT SURVEY THEREOF, CONTAINING 2.7 ACRES MORE OR LESS, A.K.A. 13227 EAST 106 STREET NORTH. AND;