The URL can be used to link to this page

Home My WebLink About962_Nunc Pro Tunc_OPUD 09-01_nw C of 116 St N & 145th E Ave AG RM CGTulsa County Clerk - EARLENE WILSON Doc # 2011043969 Page(s): 2 Recorded 05/23/2011 at 01:17 PM Receipt # 273645 Fee $15.00 Of OWASSO, OKLAHOMA ORDINANCE NO. 962 Nunc Pro Tunc AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OPUD -09 -01 CHANGING THE ZONING OF PROPERTY LOCATED IN SECTION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG AGRICULTURE DISTRICT TO AN OPUD 09 -01 WITH AN UNDERLYING ZONING DESIGNATION OF MULTI - FAMILY RESIDENTIAL AND COMMERICAL GENERAL DISTRICTS, 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 09- 01. 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, as a tract of land in the Northwest Quarter (NW /4) of Section Four (4), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to -wit: Beginning at the Southeast corner of said Section 4; Thence South 88 °44'45 West along the Southerly line thereof a distance of 405.28 feet; thence North 01 119'46" West a distance of 430.68 feet; thence South 88'40'14" West a distance of 378.51 feet; thence North 01 019'46" West a distance of 889.91 feet; Thence North 88'45'54" East a distance of 733.62 feet to a point on the Easterly line of said Section 4; Thence South 0 1 °19'46" East along said line a distance of 1319.846 feet to the point of beginning. Said tract containing 805,660.91 S.F. or 18.495 acres more or less be, and the same is hereby zoned from AG Agriculture District to OPUD 09 -01 with an underlying zoning designation of Multi - Family Residential and Commercial General Districts. 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 All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. 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. Ordinance No. 962 Nunc Pro Tunc PASSED AND APPROVED this day of May 2011. Sherry Bishop, City Clerk APPROVED AS TO FORM AND CONTENT: Lombardi, City Attorney PUBLISHER'S AFFIDAVIT ORD NO. 962 PUBLICATION DATE(S) 05/26/11 CASE NUMBER: ORD NO. 962 AD NO: 00124853 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) Representative Signature Subscribed to and sworn to me this 27th day of May, 2011. Notary Public NA ICY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer #: 00000779 Customer: CITY OF OWASSO Publisher's Fee: 106.40 NANCY CAROL MOORE NOTARY PUBLIC STATE OF OKLAHOMA COMMISSION NO. 06011684 EXPIRES 12 -8 -2014 124853 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May 26, 2011. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 962 Nunc Pro Tunc AN ORDINANCE APPROVING ZONING APPLICATION NUM- BER OPUD -09-01 CHANGING THE ZONING OF PROPERTY LOCATED IN SECTION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG AGRI- CULTURE DISTRICT TO AN OPUD 09-01 WITH AN UNDER- LYING ZONING DESIGNATION OF MULTI - FAMILY RESIDEW TIAL AND COMMERICAL GENERAL DISTRICTS, AND REPEALING ALL ORDINANCES OR PARTS OF ORDI- NANCES 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 09 -01. 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, as a tract of land in the Northwest Quarter (NW /4) of Section Four (4), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to -wit: Beginning at the Southeast corner of said Section 4; Thence South 88 °44'45" West along the Southerly line thereof a distance of 405.28 feet; thence North 01 °19'46" West a distance of 430.68 feet; thence South 88 °40'14" West a distance of 378.51 feet; thence North 01 °19'46" West a distance of 889.91 feet; Thence North 88'45'54" East a distance of 733.62 feet to a point on the Easterly line of said Section 4; Thence South 01 °19'46" East along said line a distance of 1319.846 feet to the point of beginning. Said tract containing 805,660.91 S.F. or 18.495 acres more or less be, and the same is hereby zoned from AG Agriculture District to OPUD 09 -01 with an underlying zoning designation of Multi - Family Residential and Commercial General Districts. 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. Section 4. The provisions of this ordinance shall become effec- tive 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 17th day of May, 2011. /s/ Doug Bonebrake, Mayor ATTEST: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM AND CONTENT: /s/ Julie Lombardi, City Attorney TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Ordinance No. 962 Nunc Pro Tunc DATE: May 13, 201 1 BACKGROUND: On January 7, 2010 Ordinance #962 was recorded in Tulsa County. On December 7, 2009 Ordinance #953 was recorded in Tulsa County. These two ordinances relate to a project known as the Encore at Elm Creek, an +/ -18 acre planned unit development comprised of commercial and multi - family residential uses located at the northwest corner of 116th Street North (SH -20) and 145th East Ave. Ordinance #953 involved the annexation of the property and Ordinance #962 recorded the zoning on the property as OPUD 09 -01, with underlying zoning of multi - family residential and commercial general zoning districts. On December 9, 2009 the Tulsa County Assessor's office brought to the attention of the City Planner an error with Ordinance #953 (Annexation Ordinance). On March 10, 2011 this error, which apparently had not been resolved, was again brought to the attention of the Community Development Department by the Tulsa County Assessor's Office. The error was associated with the fact that the legal description for boundary did not close and that the boundary extended into a portion of Section 9, Township 21 North, Range 15 East. On March 10, 2011 it was also brought to the attention of the Community Development Department that there was an error associated with Ordinance #962 (Zoning Ordinance), which also involved an incorrect legal description. In order to correct ordinance No. 962 and 953, staff prepared revised legal descriptions for each and included these descriptions within a new corrective ordinance called nunc pro tunc - literally, "now for then." In order for the change to be effective, the nunc pro tunc ordinance must be approved, thereby replacing the previous ordinance that had an erroneous legal description. RECOMMENDATION: Staff recommends City Council approval of Ordinance 962 Nunc Pro Tunc. ATTACHMENTS: 1. Ordinances No. 962 Nunc Pro Tunc Tulsa County Clerk - EARLENE WILSON Doc # 2010001576 Page(s): 4 8 Recorded 01/07/2010 at 10:31 AM Receipt # 187995 Fee $19.00 OKLAHOMA ORDINANCE NO. 962 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OPUD- 09-01 CHANGING THE ZONING OF PROPERTY LOCATED IN SECTION 15, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG AGRICULTURE DISTRICT TO AN OPUD 09- 01 WITH AN UNDERLYING ZONING DESIGNATION OF MULTI - FAMILY RESIDENTIAL AND COMMERICAL GENERAL DISTRICTS, 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 09- 01. 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, as a tract of land in the Northwest Quarter (NW /4) of Section Fifteen (15), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to -wit: Beginning at the Northwest Corner of said Northwest Quarter (NW /4); Thence South 89 °59'34" East a distance of 538.00 feet; thence South 00 °00'26" West a distance of 195.80 feet; thence south 44 °17'31" West a distance of 252.60 feet; thence South 27 °52'06" West a distance of 167.64; Thence South 89 °58'27" West a distance of 282.98 feet to a Point on the West Line of said Section Fifteen (15), Thence North 00 °01'33" West a distance of 525.00 feet to the Point of Beginning, containing 5.38 acres. be, and the same is hereby zoned from AG Agriculture District to OPUD 09 -01 with an underlying zoning designation of Multi- Family Residential and Commercial General Districts. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. 3 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. 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. OFFICIAL SEAL ATTEST: APPROVED AS TO FORM: Lombardi, City Attorney PASSED AND APPROVED this 5"' day of January, 2010. Stephen Cataudella, Mayor SUBJECT- PROPERTYL OPUD-09-01 12/01/09 Legend CTTY LTMffS SUBJECT PROPERTY North W" 20 CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 PUBLISHER'S AFFIDAVIT ORD NO. 962 PUBLICATION DATE(S) 01/12/10 CASE NUMBER: ORD NO. 962 AD NUMBER: 00095563 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa 95563 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, January 12, 2010. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 962 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OPUD -09 -01 CHANGING THE ZONING OF PROPERTY LOCATED IN SECTION 15, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG AGRICULTURE DISTRICT TO AN OPUD 09 -01 WITH AN UNDERLYING ZONING DESIGNA- TION OF MULTI - FAMILY RESIDENTIAL AND COMMERCIAL GEN- ERAL DISTRICTS, 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 recommen- dation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OPUD 09 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1. The zoning classification of the following described proper- ty, as a tract of land in the Northwest Quarter (N W /4) of Section Fifteen (15), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, State of Oklahoma, SS According to the U.S. Government Survey Thereof, Being more partic- ularly described as follows, to -wit: 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) Representative Signature Subscribed to and sworn to me this 13th day of January, 2010. Notary Public W1z'Vd' NANCY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OWASSO NANCY CAROL MOORE Publisher's Fee: 100.80 Notary Public • State ofOMahoma Tulsa County My Commission EVires December 8, 2010 Commission # 06011684 Beginning at the Northwest Corner of said Northwest Quarter (NW /4); Thence South 89 059'34" East a distance of 538.00 feet; thence South 00 °00'26" West a distance of 195.80 feet; thence south 44 °17'31" West a distance of 252.60 feet; thence South 27 °52'06" West a distance of 167.64; Thence South 89 °58'27" West a distance of 282.98 feet to a Point on the West Line of said Section Fifteen (15), Thence North 00 °01'33" West a distance of 525.00 feet to the Point of Beginning, containing 5.38 acres, be, and the same is hereby zoned from AG Agriculture District to OPUD 09 -01 with an underlying zoning designation of Multi - Family Residential and Commercial General Districts. 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 5th day of January, 2010. /s/ Stephen Cataudella, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ORDINANCE NO. 962 DATE: DECEMBER 28, 2009 BACKGROUND: At the December 15, 2009 meeting, the Owasso City Council approved a request to rezone a piece of property from an Agricultural District to a Planned Unit Development (OPUD 09 -01) with an underlying zoning of Multi - Family Residential and Commercial General Districts on property located near the northwest corner of East 116th Street North and North 145th East Avenue. Attached is a copy of Ordinance No. 962 that formally adopts the City Council's action of December 15, 2009. The Council took action on this rezoning request following the Planning Commission's approval on December 7, 2009. RECOMMENDATION: The staff recommends City Council approval of Ordinance No. 962. ATTACHMENT: 1. Ordinance No. 962