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HomeMy WebLinkAbout999_Amend zoning code Ch 3 Sub-Ch 3.5 Easements_Part 12 Ch 3 ROW Closure processTulsa County Clerk - EARLENE WILSON Doc # 2012001671 Page(s): 2 Recorded 01/06/2012 at 11:36 AM Receipt # 313013 Fee $15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 999 AN ORDINANCE RELATING TO AN AMENDMENT OF THE OWASSO ZONING CODE, CHAPTER 3, SUBDIVISION DESIGN STANDARDS, SUB-CHAPTER 3.5, EASEMENTS, AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 3, SUBDIVISION REGULATIONS, SECTION 12-301, SUBDIVISION REGULATIONS, ADDING SECTION 3.5.5, EASEMENT AND RIGHTS-OF-WAY CLOSURE PROCESS. APPROVED BY COUNM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: DEC 2 0 2011 SECTION ONE (1): NEW SECTION The Owasso Zoning Code Subdivision Regulations, Chapter 3, Subdivision Design Standards, shall be amended to add Section 3,5.5 as follows: 12-301 SECTION 3.5.5 EASEMENT AND RIGHTS-OF-WAY CLOSURE PROCESS All requests for the closing of any public way or easement within the City of Owasso shall be submitted, with the appropriate documentation as outlined in this article, to the Community Development Department. Prior to the closing of a public way or easement, a public hearing shall be conducted by the City Council, Written notice of any proposed closing of public way or easement shall be provided to any holder of a franchise or other entity determined to have special rights or privileges granted by the legislative body, Notice shall also be sent to property owners abutting the subject right-of-way or easement to be closed or abutting the subject property on which the closing is proposed, The required notice shall be given at least thirty (30) days prior to the public hearing. The closing of any public way or easement shall only be allowed through an ordinance passed by the City Council, The City of Owasso shall retain the right to reopen any public way or easement without expense to the City. The public way or easement may be reopened by ordinance when: 1. The City of Owasso City Council deems it necessary, or 2, An application of the property owners owning more than one half in area of the property abutting the public way or easement to be closed is filed with the City of Owasso Community Development Department and is subsequently reviewed by the City Council, It is also suggested that applicants vacate the public way or easement by proceeding through district court. A public way or easement can only be vacated after the City Council approves the closing ordinance and the ordinance is taken to the court. Vacating the public way or easement forecloses on the City's right to reopen the public way or easement, No permit may be issued for any development in the easement or right-of-way of an area unless the easement or right-of-way has been closed and vacated. SECTION TWO (2): REPEALER All ordinances or parts of ordinances or other sections in the Owasso Zoning Code in conflict with this amendment are repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY 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 FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Zoning Code, Chapter 3, Subdivisions Design Standards, Sub-Chapter 3,5, Easements, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 3, Subdivision Regulations, Section 12-301, Subdivision Regulations, is hereby amended by adding a new section to be codified as Section 3.5,5, Easement and Rights-of-Way Closure Process, PASSED AND APPROVED this 20th day of December, 2011, c onebrake, Mayor ATTEST: OF APPROVED as to form and legality this day of December, 2011, ~j+, Syr ~ SherryBish ,City Clerk (SEAL) S, EA L Juli Lombardi, City Attorney TULSAWORLD W R L D P U B L 1 S 1-1 1 N G C 0 4'] 1' A N Y P.O. Box 1770 Tulsa, Oklahoma 74102-1770 Published in the CITY OF 0W,4 ORDI NA Ad number: 8371330 AN ORDINANCE RELATING OWASSO ZONING CODE, CHA STANDARDS, SUB-CHgpTER 3. THE OWASSO COD CITY OF OWASSO ZONING OF OR DI NG AND DEVELOPMENT, ULATIONS, SECTION PO BOX 180 72-301, Sul ING SECTION 3.5.5, EASE E M NT PROCESS ATTN JULIANN STEVENS OWASSO OK, 74055 13E IT ORINED BY OKLAHOMA THAT: THE COUI SECTION ONE (1): NEW SECTIO. The Owasso Zoning Code Subdivisia siGn Design Standards, shall be laws: PROOF 01 72-301 unuary 7, 2012, Tuls OKLAHOMA NO. 999 6R 3 AMENDMENT OF THE 13DIVISION DESIGN ASEM U ENS ACES, P AS CODIFIED it, APTER PART 12, PLANNING, VISION SUBDIVISION REG- REGULATIONS ADD - D RIGHTS-OF-WAY CLOSURE L OF THE CITY OF 0WA_ I ulatons, Chapter 3, Sub i to Idd Section 3.5.5 as Ems- 3.5_5_ EASEMENT AND aIHTS-OP_WAY TITLE City of Owasso PROCess All requests for the closing E City of Owasso shall be suof any public way or ea Lion as outlined in this pr,bicle, to mitte theth the a ement within the partment. pprppriate d000menta- Community Development De- I Prior to the closing vfthe Public way or easement, a public hearing STATE OF OKLAHOMA,) shall be conducted b city COUNTY OF TULSA, ) SS. posed closing public way or easement shall be Pro of an J holder it a franchise or other entity determined to haves special rights pro- or privileges granted by the o, Notice provided to any to property owners abutting theisubiectb g t-of-way shall also t to be AFFIDAVIT: ` closed or abutting the subiect v or easement to II posed. The required notice shalPbeperty on which the closing is pro- I, ).-J of lawful age, b or to the public hearing, given at least thirty (30) days pri- CLERK of TULSA WORLD, a daily newspaper printed in th through a~ o d nan a passed by therCity Councilshall only be allowed paid general circulation therein, printed in the English langua'' The City of Owasso shall retain the right to reopen any public way or here to attached, was published in said newspaper for maybe ment reoi d by opense t ethe City. The y or easement 1.The Citp ewhen - y of Owasso City Council deems it necessary- or a day(s), application of the Property owners owning the first publication being on the 7th day of Jant in area of the Property 9 more than one half 1 closed is filed with the Cittytof Owasso Community Development ement to bDe- the last day of publication being on the 7th day of Januar partment and is subsequently reviewed by the City Council. It is also suggested that applicants vacate the public wa ment b l can only by Proceeding throe theist ict court. A public y v or ease- and that said newspaper has been continuous) and uninterr~ v Council approves th or easem n continuously I Hance and the ordinance is taken to the corcpting10he p orl Hundred and Four (104) weeks consecutively, prior to the fil "ay or easement forecloses on the City's right V reopen the u 'lic way ore easement. one, Chapter four, Title 25 Oklahoma Session Laws, 1943, a; the easement ent or or right-of-way it may be issued for any development in and complies with all of the prescriptions and requirements) of way has been closed and vccategprep unless the easement or right- true and printed copy. Said notice was published in all editi? SECTION TWO (2): REPEALER All ordinances or parts of ordinances or other sections in the Owasso Zoning Code in conflict with this amendment are repealed to the ex- The advertisement above referred to, a true and printed cop: tent of the conflict only. on the following dates, to-wit: 1/7/12 SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, in- valid or ineffective, the remaining portion shall shall remain in full force and effect. not be affected but Said notice was published in the regular edition of said neN SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Publishing Fee 1,306.78 SECTION FIVE (5): CODIFICATION NOtary Fee The City of Owasso Zoning Affidavit dards, Sub-Chapter 3.5, Code, Chapter 3, Subdivisions Design Stan- Ordinances, Part 12, Plannin , Zo n codified in the Owasso Code of ,306.78 ,1 Subdivision Regulations, Section 12-301, Subdivision Regulations, is I y am amend, Chapter 3, TOTAL 1 ITTT(l~tf//~/1 hereb 3.5.5, Easement andy Ridhts-of- new section to be codified as Section i( g Wav Closure Process. Subscribed and sworn to b ore me this day of i PASSED ANp gppROVED this 20th day of December, 2011. (4-10 Sheri BB shopkCityl Clerk at My commission expires /suulie Lombardi, City Attorney lic Oklahoma SEAL A J. LACY a County Exp. 9-10-12 The City wITHOUT Limits. APPROVED BY COUNCIL TO: The Honorable Mayor and City Council Dtu 2 0 2011 City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Proposed Zoning Code Amendment - Closing of Easements and Rights-of-Way DATE: December 16, 2011 BACKGROUND: Staff discovered that there is currently not a codified process for the closing of rights-of-way and easements in the Owasso Zoning Code. Closing a right-of-way or easement removes the ability for the City to enter into the easement and removes the right-of-way from being used by the public. Though the correct procedure has been used in the past, staff is bringing forward an official closing process for inclusion in the Subdivision Regulations of the Owasso Zoning Code, so that there is no ambiguity in how the closing of easements and rights of way are handled in the future. PROPOSED AMENDMENT TO THE ZONING CODE: The proposed amendment to the City of Owasso Zoning Ordinance will amend the Subdivision Regulations, by adding a section for the closing of rights-of-way and easements as "Section 3.5.5 Easement and Rights-of-Way Closure Process" and would read as follows: Section 3.5.5 Easement and Rights-of-Way Closure Process All requests for the closing of any public way or easement within the City of Owasso shall be submitted, with the appropriate documentation as outlined in this article, to the Community Development Department. Prior to the closing of a public way or easement, a public hearing shall be conducted by the City Council. Written notice of any proposed closing of public way or easement shall be provided to any holder of a franchise or other entity determined to have special rights or privileges granted by the legislative body. Notice shall also be sent to property owners abutting the subject right-of-way or easement to be closed or abutting the subject property on which the closing is proposed. The required notice shall be given at least thirty (30) days prior to the public hearing. The closing of any public way or easement shall only be allowed through an ordinance passed by the City Council. The City of Owasso shall retain the right to reopen any public way or easement without expense to the City. The public way or easement may be reopened by ordinance when: 1. The City of Owasso City Council deems it necessary; or 2. An application of the property owners owning more than one half in area of the property abutting the public way or easement to be closed is filed with the City of Owasso Community Development Department and is subsequently reviewed by the City Council. It is also suggested that applicants vacate the public way or easement by proceeding through district court. A public way or easement can only be vacated after the City Council approves the closing ordinance and the ordinance is taken to the court. Vacating the public way or easement forecloses on the City's right to reopen the public way or easement. No permit may be issued for any development in the easement or right-of-way of an area unless the easement or right-of-way has been closed and vacated. PLANNING COMMISSION The Owasso Planning Commission reviewed this item at their regular meeting on September 12, 2011. At that meeting, the Planning Commission voted 5-0 to recommend that the City Council approve the text amendment with minor changes to the proposed language. Staff made those changes and ensured that the language reflect Oklahoma State Statute regarding the closing of easements and rights-of-way. Staff brought this item back to the Planning Commission at their November 7, 2011 meeting after making the requested changes. After reviewing the requested changes, the Planning Commission voted unanimously to recommend approval of the addition of Section 3.5.5 of the Owasso Subdivision Regulations. RECOMMENDATION: Staff recommends City Council approval of the amendment to the Subdivision Regulations of the Owasso Zoning Code. Ordinance #999 is currently under review by the City Attorney's Office and shall be provided to the City Council for consideration at the December 20, 2011 meeting. ATTACHMENTS: Oklahoma State Statute Section Regarding Closing of Rights-Of-Way and Easements Oklahoma State Statute Title 11, Chapter 1 Article Article XLII - Vacating Plats and Public Ways Section 42-110 - Power to Close Public Ways or Easements by Ordinance - Reopening - Rights of Utilities. A. The municipal governing body by ordinance may close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The procedure for closing a public way or easement shall be established by ordinance or resolution adopted by the municipality. B. The municipality shall give written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of a public way or easement. C. The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality. The public way or easement may be reopened by ordinance whenever: 1. The municipal governing body deems it necessary; or 2. An application of the property owners owning more than one-half in area of the property abutting on the public way or easement previously closed is filed with the governing body. D. Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof.