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HomeMy WebLinkAbout995_OZ 11-04_Scrivener's Error_Mingo Manufacturing CS to ILTulsa County Clerk - EARLENE WILSON Doc # 2011079729 Page(s): 2 Recorded 09/14/2011 at 01:37 PM Receipt # 293478 Fee $15.00 OKLAHOMA CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 995 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-11-04 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM A CS COMMERCIAL SHOPPING DISTRICT TO AN IL INDUSTRIAL LIGHT DISTRICT, 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 OZ- 1 1-04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Section 1. The zoning classification of the following described property, to wit: Tract 1 A part of Lot 1, Block 1, Mingo Commerce Center, an Addition to the City of Owasso, being a subdivision of a portion of the Southwest Quarter (sw/4) of Section 29, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, more particularly described as: Commencing at the Southwest Corner Lot 1, Block 20 of Elm Creek Estates First Addition: Thence 255.00 Feet Due West to the Southwest corner of Lot 1, Block 1, Mingo Commerce Center, said point being the Point of Beginning; Thence N90°00'00"E a distance of 50.00 feet; Thence N00°00'00"E a distance of 250.02 feet; Thence N89°57'46"W a distance of 52.92 feet; Thence S00°40'07"E a distance of 250.07 feet, to the Point of Beginning. Tract 2 Lot 2, Block 1, Mingo Commerce Center Tract 3 Lot 3, Block 1, Mingo Commerce Center be, and the same is hereby zoned from CS COMMERCIAL SHOPPING TO IL INDUSTRIAL LIGHT District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. 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 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. 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 6,h day of September, 2011. Doug Bonebrake, Mayor ATTEST: Sherry Bishop OFFICIAL SEAL (SEAL) APPROVED AS TO FORM: Juli Lombardi, City Attorney OZ-11 -04 Legend Mingo Manufacturing This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up -to -date information. Legend Mingo 188 ft 8/29/2011 0 Manufacturing This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up -to -date information. OZ-11-04 Mingo Manufacturing 8/29/2011 PUBLISHER'S AFFIDAVIT ORD NO. 995 PUBLICATION DATE(S) 09/15/11 CASE NUMBER: ORD NO. 995 AD NO: 00131072 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) Repre tativ ignature Subscribed to and sworn to me this 16th day of September, 2011. Notary Public NA CY CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2014 Customer 00000779 Customer: CITY OF OWASSO Publisher's Fee: 152.60 NANCY CAROL MOORE NOTARY PUSUC STATE OF OKLAHOMA COMMISSION NO.06011684 EXPIRES 12$2014 131072 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, September 15, 2011. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 995 AN ORDINANCE APPROVING ZONING APPLICATION NUM- BER OZ-11-04 CHANGING THE ZONING OF PROPERTY LOCATED IN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM A CS COMMERCIAL SHOPPING DIS- TRICT TO AN IL INDUSTRIAL LIGHT DISTRICT, 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 OZ-11-04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THATTO WIT: Section 1. The zoning classification of the following described property, to wit: Tract 1 A part of Lot 1, Block 1, Mingo Commerce Center, an Addition to the City of Owasso, being a subdivision of a portion of the Southwest Quarter (SW/4) of Section 29, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma, more particularly described as: Commencing at the Southwest Corner Lot 1, Block 20 of Elm Creek Estates First Addition: Thence 255.00 Feet Due West to the Southwest corner of Lot 1, Block 1, Mingo Commerce Center, said point being the Point of Beginning; Thence N 90°00'00" E a distance of 50.00 feet; Thence N 00°00'00" E a distance of 250.02 feet; Thence N 89°57'46" W a distance of 52.92 feet; Thence S 00°40'07" E a distance of 250.07 feet, to the Point of Beginning. Tract 2 Lot 2, Block 1, Mingo Commerce Center Tract 3 Lot 3, Block 1, Mingo Commerce Center be, and the same is hereby zoned from CS COMMERCIAL SHOPPING TO IL INDUSTRIAL LIGHT District. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. Section . All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. 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 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section . 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 6th day of September, 2011 /s/ Doug Bonebrake, Mayor /s/ Sherry Bishop, City Clerk /s/ Julie Lombardi, City Attorney OWASSO The City Without Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 995 DATE: September 2, 2011 BACKGROUND: At the August 16, 2011 meeting, the Owasso City Council approved a request to rezone land located in the southwest quarter of Section 29, Township 21 North, Range 14 East from Commercial Shopping (CS) to an Industrial Light (IL) District. A scrivener's error was made in the subject property's location in the memo that introduced the item at the August 16th meeting and the attached map incorrectly depicted the properties to be rezoned. A portion of the subject property was not previously shown that covers an existing driveway to the west of the property that will be developed. That portion of the property will not be developed as it already has the driveway that serves Mingo Manufacturing, but nonetheless it is a part of the rezoning application and was not accurately depicted. An updated map that shows the entirety of the rezoning request has been provided, along with an aerial photo for reference. All required public notice was correct despite the error in the Council memo. Attached is a copy of Ordinance No. 995 that serves as the formal legal action to rezone the property. The Planning Commission recommended approval of the rezoning at their regular meeting on August 8, 2011. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 995. ATTACHMENTS: A. Ordinance No. 995 B. Updated Maps