LEGISLATIVE RESEARCH CENTER
File #: 20-358    Name:
Type: Ordinance Status: Agenda Ready
File created: 3/17/2020 In control: Broken Arrow City Council
On agenda: 4/7/2020 Final action:
Title: Consideration, discussion, and possible adoption of Ordinance No. 3627, an ordinance amending the zoning ordinance of the City of Broken Arrow, Oklahoma, approving a portion of BAZ-1970 along with BAZ-2020, generally located one-quarter mile east of Aspen Avenue (145th E. Avenue), north of Tucson Street (121st Street), granting CH and IL zoning classifications be placed upon the tract along with PUD-284, repealing all ordinances or parts of ordinances in conflict herewith, and declaring an emergency
Attachments: 1. 2-ORD 3627 (BAZ 2020), 2. 3-CASE MAP.ORD 3627 (BAZ 2020)
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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Broken Arrow City Council

Meeting of: 04-07-2020

 

Title:

title

Consideration, discussion, and possible adoption of Ordinance No. 3627, an ordinance amending the zoning ordinance of the City of Broken Arrow, Oklahoma, approving a portion of BAZ-1970 along with BAZ-2020, generally located one-quarter mile east of Aspen Avenue (145th E. Avenue), north of Tucson Street (121st Street), granting CH and IL zoning classifications be placed upon the tract along with PUD-284, repealing all ordinances or parts of ordinances in conflict herewith, and declaring an emergency

End

 

Background:

Rezoning case BAZ-1970 (A-1, RD, CN, and CG to CH), which involved 40.71 acres, was approved by the Broken Arrow City Council on February 7, 2017, subject to the property being platted.  Rezoning case BAZ-2020 (A-1 to IL), which included 7.18 acres, and PUD-284, which involved 10.15 acres, were approved by the Broken Arrow City Council on January 15, 2019, subject to the property being platted.  The property has been platted as Attic Storage of Broken Arrow.  The plat for Attic Storage of Broken Arrow, which contains 10.15 acres, was recorded in Tulsa County on August 8, 2019.  The property associated with Attic Storage of Broken Arrow is generally located one-quarter mile east of Aspen Avenue (145th E. Avenue), north of Tucson Street (121st Street).

 

Staff recommends that the Council adopt Ordinance No. 3627 and approve the Emergency Clause.

 

Zoning Change: A-1 (Agricultural) to CH (Commercial Heavy) and IL (Industrial Light), along with PUD-284

 

Acreage: 10.15 acres

 

Legal descriptions

 

Legal Description for PUD-284

All of Attic Storage of Broken Arrow, tract of land that is part of the West Half of the Southwest Quarter lying South of the Creek Turnpike Right-of-Way in Section Thirty Four (34), Township Eighteen (18) North, Range Fourteen (14) East, City of Broken Arrow, Tulsa County, State of Oklahoma.

 

Legal Description for CH

A tract of land that is part of the West Half of the Southwest Quarter (W/2 SW/4) lying Southerly of the Creek Turnpike Right-of-Way in Section Thirty-four (34), Township Eighteen (18) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract of land being described as follows:

 

COMMENCING at the Southwest corner of said Section Thirty-four (34); Thence North 88°41'16"East along the Southerly line of said Section Thirty-four (34) for 956.72 feet; Thence North 01°18'44" West for 50.00 feet to a point on the Northerly Right-of-Way line of East 121st Street South (West Tucson Street) and the POINT OF BEGINNING of said tract of land; Thence North 02°11'22" West for 305.38 feet; Thence North 02°51'04" East for 74.73 feet; Thence North 12º13'43" East for 165.65 feet; Thence North 02º27'01" West for 178.06 feet; Thence North 09º40'18" East for 174.44 feet; Thence North 02º23'20" West for 164.52 feet; Thence North 22º39'32" East for 477.11 feet to a point on the Southerly Right-of-Way line of the Creek Turnpike;

Thence North 84º30'33" East along said Southerly Right-of-Way line for 104.08 feet to a point,

said point being North 01º18'49" West a distance of 0.39 feet from the Northwest corner and the

Westerly line of WARREN THEATRE BROKEN ARROW, a Subdivision in the City of Broken

Arrow. Tulsa County, State of Oklahoma, according to the recorded Plat thereof; Thence South

01º18'49" East along the Northerly extension of said Westerly line, along said Westerly line, and

a Southerly extension thereof, for 1498.23 feet to a point on said Northerly Right-of-Way line of

East 121st Street South (West Tucson Street); Thence South 88º41'16" West along said Northerly

Right-of-Way line, being 50.00 feet Northerly of the Southerly line of said Section Thirty-four (34), for 363.82 feet to the POINT OF BEGINNING of said tract of land.

 

LESS AND EXCEPT:

 

A TRACT OF LAND THAT IS PART OF THE WEST HALF OF THE SOUTHWEST QUARTER (W/2 SW/4) LYING SOUTHERLY OF THE CREEK TURNPIKE RIGHT-OF-WAY IN SECTION THIRTY-FOUR (34), TOWNSHIP EIGHTEEN (18) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION THIRTY-FOUR (34); THENCE NORTH 88°41'16" EAST ALONG THE SOUTHERLY LINE OF SAID SECTION 34 FOR 956.72 FEET; THENCE NORTH 01°18'44" WEST FOR 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST 121ST STREET SOUTH (WEST TUCSON STREET); THENCE NORTH 02°11'22" WEST FOR 305.38 FEET; THENCE NORTH 02°51'04" EAST FOR 48.99 FEET TO THE POINT OF BEGINNING THENCE, N 02° 51' 04" E FOR A DISTANCE OF 25.74 FEET TO A POINT ON A LINE.  THENCE, N 12° 13' 43" E FOR A DISTANCE OF 165.65 FEET TO A POINT ON A LINE. THENCE, N 02° 27' 01" W FOR A DISTANCE OF 178.06 FEET TO A POINT ON A LINE. THENCE, N 09° 40' 18" E FOR A DISTANCE OF 174.44 FEET TO A POINT ON A LINE. THENCE, N 02° 23' 20" W FOR A DISTANCE OF 164.52 FEET TO A POINT ON A LINE. THENCE, N 22° 39' 32" E FOR A DISTANCE OF 477.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE CREEK TURNPIKE; THENCE NORTH 84°30'33" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR 104.08 FEET TO A POINT, SAID POINT BEING NORTH 01°18'49" WEST A DISTANCE OF 0.39 FEET FROM THE NORTHWEST CORNER AND THE WESTERLY LINE OF WARREN THEATRE BROKEN ARROW, A SUBDIVISION IN THE CITY OF BROKEN ARROW, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE SOUTH 01°18'49" EAST ALONG THE NORTHERLY EXTENSION OF SAID WESTERLY LINE, ALONG SAID WESTERLY LINE, AND A SOUTHERLY EXTENSION THEREOF, FOR 1144.01 FEET TO A POINT ON A LINE. THENCE, S 88° 41' 11" W FOR A DISTANCE OF 364.93 FEET TO THE POINT OF BEGINNING.

 

Legal Description for IL

A TRACT OF LAND THAT IS PART OF THE WEST HALF OF THE SOUTHWEST QUARTER (W/2 SW/4) LYING SOUTHERLY OF THE CREEK TURNPIKE RIGHT-OF-WAY IN SECTION THIRTY-FOUR (34), TOWNSHIP EIGHTEEN (18) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS:

 

COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION THIRTY-FOUR (34); THENCE NORTH 88°41'16" EAST ALONG THE SOUTHERLY LINE OF SAID SECTION 34 FOR 956.72 FEET; THENCE NORTH 01°18'44" WEST FOR 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST 121ST STREET SOUTH (WEST TUCSON STREET); THENCE NORTH 02°11'22" WEST FOR 305.38 FEET; THENCE NORTH 02°51'04" EAST FOR 48.99 FEET TO THE POINT OF BEGINNING. THENCE, N 02° 51' 04" E FOR A DISTANCE OF 25.74 FEET TO A POINT ON A LINE.  THENCE, N 12° 13' 43" E FOR A DISTANCE OF 165.65 FEET TO A POINT ON A LINE. THENCE, N 02° 27' 01" W FOR A DISTANCE OF 178.06 FEET TO A POINT ON A LINE. THENCE, N 09° 40' 18" E FOR A DISTANCE OF 174.44 FEET TO A POINT ON A LINE. THENCE, N 02° 23' 20" W FOR A DISTANCE OF 164.52 FEET TO A POINT ON A LINE. THENCE, N 22° 39' 32" E FOR A DISTANCE OF 477.11 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE CREEK TURNPIKE; THENCE NORTH 84°30'33" EAST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE FOR 104.08 FEET TO A POINT, SAID POINT BEING NORTH 01°18'49" WEST A DISTANCE OF 0.39 FEET FROM THE NORTHWEST CORNER AND THE WESTERLY LINE OF WARREN THEATRE BROKEN ARROW, A SUBDIVISION IN THE CITY OF BROKEN ARROW, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE SOUTH 01°18'49" EAST ALONG THE NORTHERLY EXTENSION OF SAID WESTERLY LINE, ALONG SAID WESTERLY LINE, AND A SOUTHERLY EXTENSION THEREOF, FOR 1144.01 FEET TO A POINT ON A LINE. THENCE, S 88° 41' 11" W FOR A DISTANCE OF 364.93 FEET TO THE POINT OF BEGINNING.

 

Cost:                                                                Recording Fees

Funding Source:                     General Government Operations

Requested By:                      Larry R. Curtis, Director of Community Development

Approved By:                      City Manager’s Office

Attachments:                                          Ordinance No. 3627
                                    Case Map

Recommendation:

recommend

Adopt Ordinance No. 3627 and approve the emergency clause.

end