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HomeMy WebLinkAbout938_OPUD 08-03_Penix PlaceTulsa County Clerk - EARLENE WILSON Doc # 2009020342 Page(s): 2 3 Recorded 03/06/2009 at 11:10 AM Receipt # 133697 Fee $15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 938 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ- 08-06 CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM CS (COMMERCIAL SHOPPING) AND AG (AGRICULTURE) ZONING DISTRICTS TO AN OPUD 08 -03 (PLANNED UNIT DEVELOPMENT), 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 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 OPUD- 08 -03. 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: A tract of land lying in the Northwest Quarter (NW /4) of Section Thirty -Three (33), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Meridian, Tulsa County, Oklahoma, being more particularly described as follows: Commencing at the Northwest Corner of said Northwest Quarter of said Section 33; Thence South 90 °00'00" East a distance of 220.34 feet; thence South 00 °00'00" West a distance of 50.00 feet to the Point of Beginning; thence from the said Point of Beginning, South 00 °10'56" West a distance of 222.22 feet; thence South 90 °00'00" East a distance of 215.70 feet; thence North 00 °28'50" East a distance of 222.22 feet; thence South 90 °00'00" East a distance of 223.14 feet; thence South 00 °10'56" West a distance of 608.71 feet; thence South 89 °59'20" West a distance of 662.16 feet; thence North 00 °19'37" East a distance of 233.85 feet; thence South 90 °00'00" East a distance of 50.00 feet; thence North 00 °19'37" East a distance of 350.00 feet; thence North 45 °10'25" East a distance of 35.46 feet, thence South 90 °00'00" East a distance of 145.62 feet to the Point of Beginning. Area containing 335,514.5171 square feet or 7.7024 acres more or less. be, and the same is hereby zoned from CS Commercial Shopping and AG Agriculture Zoning Districts to PUD 08 -03 Planned Unit Development Number 08 -03. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. a- Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPRO ED this 3' day o arch, 2009. OF OFFICIAL o StepheA Cataudella, Mayor SEAL ATTT: OkLAHOMA Sherry Bishop, City Clerk APPROVED AS TO FORM: no"- kd JkTie Lombardi, City Attorney CITY OF OWASSO JULIE STEVENS/ P O BOX 180 OWASSO, OK 74055 PENIX PLACE MY of OWASSO 01106M Legend 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 PUBLISHER'S AFFIDAVIT ORD NO. 938 PUBLICATION DATE(S) 03/19/09 CASE NUMBER: ORD NO. 938 AD NO: 00077201 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 weekly newspaper of general circulation in Tulsa, Oklahoma, a newspaper quali- fied 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) Signature Subscribed to and sworn to me this 20th day of March, 2009. Notary Public NA CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO NANCY CAROL MOORE Publisher's Fee: 119.00 Notary Public • state of Oklahoma Tulsa County MY Commission Epires December 8, 2010 Commhlon # 06011684 77201 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, March 19, 2009. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 938 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ -08 -06 CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 21 NORTH, RANGE 14 EAST,TULSA COUNTY, OKLAHOMA, FROM CS (COMMERCIAL SHOPPING) AND AG (AGRICULTURE) ZON- ING DISTRICTS TO AN OPUD 08-03 (PLANNED UNIT DEVELOP- MENT), 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 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 OPUD- 08 -03. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1. The zoning classification of the following described prop- erty, to wit: A tract of land lying in the Northwest Quarter (NW /4) of Section Thirty -Three (33), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Meridian, Tulsa County, Oklahoma, being more particularly described as follows: Commencing at the Northwest Corner of said Northwest Quarter of said Section 33; Thence South 90 °00'00" East a distance of 220.34 feet; thence South 00 °00'00" West a distance of 50.00 feet to the Point of Beginning; thence from the said Point of Beginning, South 00 °10'56" West a distance of 222.22 feet; thence South 90 °00'00" East a distance of 215.70 feet; thence North 00 °28'50" East a dis- tance of 222.22 feet; thence South 90 °00'00" East a distance of 223.14 feet; thence South 00 °10'56" West a distance of 608.71 feet; thence South 89 °59'20" West a distance of 662.16 feet; thence North 00 °19'37' East a distance of 233.85 feet; thence South 90 °00'00" East a distance of 50.00 feet; thence North 00 °19'37' East a dis- tance of 350.00 feet; thence North 45 010'25" East a distance of 35.46 feet, thence South 90 °00'00" East a distance of 145.62 feet to the Point of Beginning. Area containing 335,514.5171 square feet or 7.7024 acres more or less. be, and the same is hereby zoned from CS Commercial Shopping and AG Agriculture Zoning Districts to PUD 08 -03 Planned Unit Development Number 08 -03. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any part or parts of this ordinance are deemed uncon- stitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. PASSED AND APPROVED this 3rd day of March, 2009. ATTEST: /s/ Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney /s /Stephen Cataudella, Mayor APPROVED BY COUNCIL MAR U 6 109 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 938 DATE: FEBRUARY 24, 2009 BACKGROUND: At the February 17, 2009 meeting, the Owasso City Council approved a request for rezoning from CS Commercial Shopping and AG Agriculture Zoning Districts to an OPUD 08 -03 Planned Unit Development Number 08 -03 Zoning District, on property located at the southeast corner of East 76`h Street North and North 129th East Avenue. The Council took the action on this rezoning request following the Planning Commission's approval on January 12, 2009. Attached is a copy of Ordinance No. 938 that formally adopts the City Council's action of February 17, 2009. RECOMMENDATION: The staff recommends Council approval of Ordinance No. 938. ATTACHMENT: 1. Ordinance No. 938