LEGISLATIVE RESEARCH CENTER
File #: 16-1429    Name:
Type: Ordinance Status: Passed
File created: 11/29/2016 In control: Broken Arrow City Council
On agenda: 12/6/2016 Final action: 12/6/2016
Title: Consideration, discussion, and possible adoption of Ordinance No. 3459, an ordinance amending the zoning ordinance of the City of Broken Arrow, Oklahoma, approving BAZ 1937, granting CG and FD zoning classifications be placed upon the tract, generally located on the northeast corner of Dearborn Street and 23rd Street, repealing all ordinances or parts of ordinances in conflict herewith, and declaring an emergency
Attachments: 1. 2-ORDINANCE 3459.SIGNED.pdf, 2. 3-CASE MAP.BAZ 1937 & ORD. 3459.pdf

Broken Arrow City Council

Meeting of: 12-06-2016

 

To:                     Mayor and City Council Members

From:                     Development Services Department

Title: 

title

                     Consideration, discussion, and possible adoption of Ordinance No. 3459, an ordinance amending the zoning ordinance of the City of Broken Arrow, Oklahoma, approving BAZ 1937, granting CG and FD zoning classifications be placed upon the tract, generally located on the northeast corner of Dearborn Street and 23rd Street, repealing all ordinances or parts of ordinances in conflict herewith, and declaring an emergency

End

Background:

Rezoning case BAZ 1937 (A-1 to CG and FD) was approved by the Broken Arrow City Council on June 15, 2015, subject to the property being platted.  The plat for Countyline Crossings, which contains 19.24 acres, was recorded in Wagoner County on November 28, 2016.  The property is located on the northeast corner of Dearborn Street and 23rd and is the site for a new Wal-Mart Neighborhood Market store.

 

Zoning Change: A-1 (Agricultural) to CG (Commercial General) and FD (Floodplain District)

 

Acreage: 19.24 acres

 

Legal Description for A-1 to CG

 

All of Countyline Crossings, the west half of Government Lot 4 in the S.W. Quarter of Section 19, Township 19 North, Range 15 East, I.M., City of Broken Arrow, Wagoner County, Oklahoma, less and except the following: 

 

A tract of land lying in the West Half (W/2) of Government Lot 4 in Section Nineteen (19), Township Nineteen (19) North, Range Fifteen (15) East of the Indian Meridian, Wagoner County, State of Oklahoma being more particularly described as follows:

 

COMMENCING at the southwest corner of Government Lot 4 of said Section 19;

 

THENCE North 00°07'37" East, along the west line of said Government Lot 4, a distance of 1,322.84 feet to the northwest corner of said Government Lot 4;

 

THENCE North 89°58'53" East, along the north line of said Government Lot 4, a distance of 60.00 feet to the southwest corner of Lot 37 in Block 10 of STEEPLE CHASE SUBDIVISION according to the plat recorded in Plat Cabinet 3, Page 254 and the POINT OF BEGINNING;

 

THENCE continuing North 89°58'53" East, along the south line of said Lot 37, a distance of 154.00 feet;

 

THENCE South 30°18'36" East a distance of 57.76 feet;

 

THENCE South 65°14'23" East a distance of 82.16 feet;

 

THENCE South 63°29'19" East a distance of 192.49 feet;

 

THENCE South 49°05'48" East a distance of 188.87 feet to a point on the west line of Block 1 of STEEPLECHASE FARMS according to the plat recorded in Plat Cabinet 4, Page 320;

 

THENCE South 00°05'24" West, along the west line of said Block 1, a distance of 140.00 feet;

 

THENCE South 44°51'03" West a distance of 149.06 feet;

 

THENCE North 54°42'21" West a distance of 54.01 feet;

 

THENCE North 29°12'42" West a distance of 58.36 feet;

 

THENCE South 78°48'30" West a distance of 12.15 feet;

 

THENCE South 26°40'26" West a distance of 40.87 feet;

 

THENCE South 58°58'55" West a distance of 66.28 feet;

 

THENCE South 81°22'26" West a distance of 66.84 feet;

 

THENCE South 19°28'19" West a distance of 49.86 feet;

 

THENCE South 28°55'18" East a distance of 36.60 feet;

 

THENCE South 63°10'09" West a distance of 54.58 feet;

 

THENCE North 72°38'08" West a distance of 109.21 feet;

 

THENCE North 40°38'39" West a distance of 84.38 feet;

 

THENCE South 65°12'41" West a distance of 39.78 feet to a point being 60.00 feet east of the west line of said Government Lot 4;

 

THENCE North 00°07'37" East, parallel with and 60.00 feet east of the west line of said Government Lot 4, a distance of 564.15 feet to the POINT OF BEGINNING.

 

Said described tract of land contains 252,581 square feet or 5.7985 acres, more or less.

 

The bearing of South 00°05'24" West as shown on the plat of STEEPLECHASE FARMS recorded in Plat Cabinet 4, Page 320 as the west line of Block 1 was used as the basis of bearing for this survey.

 

be and the same is hereby changed from the zoning classification of A-1 (Agricultural) to CG (Commercial General).

 

Legal Description for A-1 to FD

 

A tract of land lying in the West Half (W/2) of Government Lot 4 in Section Nineteen (19), Township Nineteen (19) North, Range Fifteen (15) East of the Indian Meridian, Wagoner County, State of Oklahoma being more particularly described as follows:

 

COMMENCING at the southwest corner of Government Lot 4 of said Section 19;

 

THENCE North 00°07'37" East, along the west line of said Government Lot 4, a distance of 1,322.84 feet to the northwest corner of said Government Lot 4;

 

THENCE North 89°58'53" East, along the north line of said Government Lot 4, a distance of 60.00 feet to the southwest corner of Lot 37 in Block 10 of STEEPLE CHASE SUBDIVISION according to the plat recorded in Plat Cabinet 3, Page 254 and the POINT OF BEGINNING;

 

THENCE continuing North 89°58'53" East, along the south line of said Lot 37, a distance of 154.00 feet;

 

THENCE South 30°18'36" East a distance of 57.76 feet;

 

THENCE South 65°14'23" East a distance of 82.16 feet;

 

THENCE South 63°29'19" East a distance of 192.49 feet;

 

THENCE South 49°05'48" East a distance of 188.87 feet to a point on the west line of Block 1 of STEEPLECHASE FARMS according to the plat recorded in Plat Cabinet 4, Page 320;

 

THENCE South 00°05'24" West, along the west line of said Block 1, a distance of 140.00 feet;

 

THENCE South 44°51'03" West a distance of 149.06 feet;

 

THENCE North 54°42'21" West a distance of 54.01 feet;

 

THENCE North 29°12'42" West a distance of 58.36 feet;

 

THENCE South 78°48'30" West a distance of 12.15 feet;

 

THENCE South 26°40'26" West a distance of 40.87 feet;

 

THENCE South 58°58'55" West a distance of 66.28 feet;

 

THENCE South 81°22'26" West a distance of 66.84 feet;

 

THENCE South 19°28'19" West a distance of 49.86 feet;

 

THENCE South 28°55'18" East a distance of 36.60 feet;

 

THENCE South 63°10'09" West a distance of 54.58 feet;

 

THENCE North 72°38'08" West a distance of 109.21 feet;

 

THENCE North 40°38'39" West a distance of 84.38 feet;

 

THENCE South 65°12'41" West a distance of 39.78 feet to a point being 60.00 feet east of the west line of said Government Lot 4;

 

THENCE North 00°07'37" East, parallel with and 60.00 feet east of the west line of said Government Lot 4, a distance of 564.15 feet to the POINT OF BEGINNING.

 

Said described tract of land contains 252,581 square feet or 5.7985 acres, more or less.

 

The bearing of South 00°05'24" West as shown on the plat of STEEPLECHASE FARMS recorded in Plat Cabinet 4, Page 320 as the west line of Block 1 was used as the basis of bearing for this survey.

 

be and same is hereby changed from the zoning classification of A-1 (Agricultural) to FD (Floodplain District).

Staff recommends that the Council adopt Ordinance No. 3459 and approve the Emergency Clause.

 

                     

Cost:                                                                Recording Fees

Prepared By:                                           Brent Murphy, Senior Planner

Reviewed By:                                          Legal Department
                                    Assistant City Manager - Operations

Approved By:                      Michael L. Spurgeon, City Manager

 

 

Attachments:                                          Ordinance No. 3459 

                                    Case Map
                                   

Recommendation:

Adopt Ordinance No. 3459 and approve the emergency clause.