ORDINANCE NO. 10193

AN ORDINANCE AMENDING ORDINANCE NO. 657, APPENDIX A OF THECODE OF ORDINANCES OF THE CITY OF YUKON, OKLAHOMA, BY

PROVIDING THAT A PART OF LOT 1, BLOCK 2 OF THE RE -PLAT OF LEGACYLAKES PHASE 1, YUKON, CANADIAN COUNTY, OKLAHOMA ACCORDING TOTHE RECORDED PLAT THEREOF BE CHANGED FROM " C -5" ( AUTOMOTIVEAND COMMERCIAL RECREATION DISTRICT) TO " C -3" ( RESTRICTEDCOMMERCIAL DISTRICT); AND DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF YUKON, OKLAHOMA:

SECTION 1.

That Ordinance No. 657, known as the Zoning Ordinance of the City of Yukon, Appendix A) be and the same is hereby amended to change a certain tract of land in Yukon,

Oklahoma from C -5 ( Automotive and Commercial Recreation District) to C -3 ( Restricted

Commercial District), said tract of land being described as follows, to -wit:

Lot 1 of Block 2 of the Re -plat of Legacy Lakes Phase 1, anaddition to the City of Yukon, Canadian County, Oklahoma

SECTION 2.

That the Zoning Map of the City of Yukon, Oklahoma, shall be amended to reflect thechange in zoning as reflected in Section 1.

SECTION 3. Emergency.

An emergency is declared to exist and it is necessary for the public welfare, health andsafety that this ordinance take effect immediately upon passage, approval and publicationaccording to law.

Emergency Clause passed separately.

with the

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OFFICE OF THE CITY ATTORNEY

Yukon 1~

MEMORANDUM

To: Doug Shivers, City Clerk

From: Michael D. Seglei

Date: November 27, 2012

Oklahoma

Subject: Amendment to Ordinance No. 657, Appendix AZoning Application by Jim and Mary Kay Niles

Attached is a proposed amendment to Ordinance No. 657, Appendix A, rezoningproperty requested in the application by Jim and Mary Kay Niles to rezone from " C -5" Automotive and Commercial Recreation District) to " C - 3" ( Restricted Commercial District).

Please have this item placed on the City Council agenda. Thank you.

405) 354 -5276 • ( 405) 350 -0537 Fax • P. 0. Box 850126 • Yukon, OK 73085

John Alberts, Mayor & Council Member Ward II

Ken Smith, Vice Mayor & Council Member At Large

Nick Grba, Council Member Ward I

Michael McEachem, Council Member Ward IV

Rick Opitz, Council Member Ward III

Planning Commission MinutesNovember 19, 2012

The City of Yukon Planning Commission held a meeting November 19, 2012 at 7: 00 p. m. in theCentennial Building at 12 South 5th St.

Invocation was given by Commissioner DavisFlag Salute was lead in unison by Commissioner Beaver

ROLL CALL: ( Present) Larry Taylor, ChairmanBob Doggett, Vice - Chairman

Earline Smaistrla, Commissioner

Robert Davis, Commissioner

Terry Beaver, Commissioner

OTHERS PRESENT: Gary Cooper, IT Director

Mark Osby, City Attorney

Cindy Wright, City Planner

Mitchell Hort, Community Development Director

Scarlett Ouren, Secretary

1. ITEM: APPROVAL OF THE MINUTES OF October 08 2012 MEETING

Commissioner Beaver made a motion to accept the minutes as written, seconded byVice - Chairman Doggett.

A roll call vote was taken.

The Vote:

Ayes: Smaistrla, Beaver, Taylor, Doggett, Davis

Nayes: None

Vote: 5 -0

Motion Carried

2. ITEM: VISITORS

None

3. ITEM: CONSIDER AN APP4-ICATION BY MIJ>WEST HOTELS. LLC ( MANHAR PATEL) FOR A

YUKON PARKWAY WEST PHASE 1. YUKON. LSANADIAN COUNTY. OKLAHOMA LOCATED AT 1520

PC Minutes

Page 2

11/ 19/ 2012

Mike Patel with Midwest Hotels LLC. The address of the property is on Garth Books Boulevard1 - 40. We are building a Fairfield Inn and Suites. Being on the 1 - 40 corridor we are asking for a

variance for a 70 foot sign.

airman Taylor said I know we have done this in the past. He ask Mr. Hort if it was for the

Fo sign or Wendy' s sign. Mr. Hort said yes. This is what we ca a Conditional Use Permit itputs onditions on the sign. This is something we have done /bgore; there are multiple signs outthere.

Chairman ylor addressed Mr. Patel and said so you ar building a Fairfield Inn and this wouldattract visitoto Yukon and hopefully they would stoj# at your inn and spend money here intown. Mr. Pate said that is correct. Commissione;, TIylor asked if any of the commissioners hadany questions.

Commissioner Beav had a question for Mitc II regarding the zoning regarding signs along theI - 40 corridor being 80 et; why don' t we jus pass an ordinance. Mr. Hort said on these signsthere are several things

Vtheilook at; ' it something we are going to use for interstate

traffic. Also on those siave cer ain requirements and design requirements. For him to

start the sign process h has t get approved for the contract. We are trying tomaintain those signs alorri r. Commissioner Beaver then asked about the sign

ordinance that Plannin' looked at a year ago or so and wanted to know if it had

passed. Mr. Hort state ' ordinance has not been brought forward. There are some

new things we are lookwi e looking at a sign ordinance in the near future.

Chairman Taylor asked if any,,6f the comm)ksioners had any other questions.

Commissioner Beaver asd if this included thLNsix and twelve foot sign. Mr. Hort said No the

only sign we are talking qbout is the 70 foot sign.

Chairman Taylor ask ep( if there were any further que ions. Being none he said he wouldentertain a motion. J

Commissioner Sm istrla made a motion " In the case of the ppl

Permit submitteq by Midwest Hotel, LLC, we have read the s flat the public hearing. We find ourselves in agreement with staattachments c+ted in the Staff Reports. I move that this item bethe City Council ", seconded by Commissioner Beaver.

A roll call vote was taken.

The Vote:

Ayes : Davis, Smaistrla, Beaver, Taylor, Doggett

N es: None

V to. 5 -0

otion Carried

ication for a Conditional Use

report and received testimonyfindings including all

r commended for approval to

PC Minutes

Page 3

11/ 19/ 2012

4. ITEM: CONSIDER AN APPLICATION BY JIM & MARY KAY NILES TO REZONE FROM C -5

AUTOMOTIVE & COMMERCIAL RECREATION DISTRICT) TO C -3 ( RESTRICTED COMMERCIAL

DISTRICT) FOR LOT 1, BLOCK 2, LEGACY LAKES ADDITION LOCATED AT 1501 S RANCHWOOD

BLVD.

5.

Jim Niles stated that he would be glad to answer any questions. We are zoning down from C -5to C -3 for a permitted us an office building for a Mr. Bogle with First American Mortgage that iscurrently located on West Vandament Avenue and he is going to buy it and build a newmortgage company on the southwest corner that adjoins Yukon Parkway and RanchwoodBoulevard. It runs from the corner down to and including the lift station it is about 1. 3 acres. Ibelieve it is a permitted use in C -5 but it is more fitting to have the C -3 zoning; rather than havea conditional use permit in C -5 if I understand if correctly.

Chairman Taylor asked Mitchell Hort if that was correct. Mr. Hort said yes; staff agreed that the

C -3 zoning was a better zoning for the proposed use.

Chairman Taylor asked Mr. Hort if he has seen any plans on the building. Mr. Hort said they areasking for some setbacks because of the unusual shape of the property. They are actuallybringing some things forward to the Board of Adjustments. We have seen a floor plan. Mr. Hortalso stated that they have two fixed driveways so that is not a problem; it is just the zoning.

Chairman Taylor asked if anyone had any questions. Being none he said he would entertain amotion.

Vice- Chairman Doggett made a motion " In the case of the Application for Rezoning submittedby Jim & Mary Kay Niles, we have read the staff report and received testimony at the publichearing. We find ourselves in agreement with staff findings including all plans and attachmentscitied in the staff report. I move that this item be recommended for approval to the CityCouncil ", seconded by Commissioner Smaistrla

A roll call vote was taken.

The Vote:

Ayes: Davis, Taylor, Doggett, Beaver, Smaistrla

Nayes: None

Vote: 5 -0

Motion Carried

LOT 11 BLOC VON ELM ESTATES LOCATED AT 11A1 MOOSE STREET.

Mark McCaslin spoke o is be< ned that he resides at the property. He stated that

he has a driveway on the w use which allows access to the garage. The space

constraints on the west sid e very limited due to the electrical and the airconditioning equipmep . There bly more space on the east which would allow mebetter access to m backyard. ce in my application of a storm drain at the streetat the curb and.tfiere is also a sdolewhich is on the east side of my property.

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PLANNING COMMISSION

PUBLIC HEARING

November 19, 2012

7:30 p. m.

SUBJECT: Rezoning of Lot 1, Block 2, Re - Plat of Legacy Lakes Phase 1for Jim & Mary Kay

Niles

Planner: Cindy Wright - Johnson & Associates ( for Triad Design Group) Date: October 26, 2012

The discussion herein considers the application materials received by Triad Design Group withrespect to the goals, objectives, and policies of the 1996 Comprehensive Plan and subsequent

updates; the Zoning Ordinance of the Yukon Code; and, an Application for Rezoning submittedby Jim & Mary Kay Biles.

I. PROPOSAL

The applicants, Jim & Mary Kay Niles, is requesting approval of an Application for Rezoningproperty located at the northwest corner of Mustang Road and State Highway 4 from C -5, Automotive & Commercial District to C -3, Restricted Commercial District, in order to establishan office use.

II. LOCATION

The subject property is located at the northwest corner of Mustang Road and StateHighway 4 in the northeast % of Section 28, T12N, R5W, Yukon, Oklahoma. The subject

property is identified as lot 1 of Block 2 of the Re -plat of Legacy Lakes Phase 1.

Adjacent Subdivisions, Zoning, and Land Uses:

North: This property is zoned R - 1 PUD, Single- family Residential District and isdeveloped as such.

South: Directly south of the subject property is State Highway 4. Beyond is propertyzoned R - 1 , Single- family Residential District; this property is currently used fordetention east of Yukon High School.

East: This property lies within the city of Oklahoma City and is zoned AA and isdesignated for agricultural use.

West: Directly west of the subject property is State Highway 4. Beyond is propertyzoned R - 1 , Single- family Residential District; this property contains Yukon HighSchool.

Page 1 of 3

III. DISCUSSION AND FINDINGS

The Comprehensive Plan

1 . The Land Use Plan indicates the planned use of this property was originally to be HighIntensity Residential. As the area developed and residential properties developed at a

lower intensity north of the subject site with the high school across the street, the lower

intensity office use proposed by the Application seems more appropriate that the originalintention.

2. The proposed rezone and intended use are consistent with the current nature ofdevelopment. Additionally, with the development directly north of the subject propertybeing zoned R - 1 PUD, Single- family residential, the intended rezoning and office use servesas a better buffer between the residences and State Highway 4.

Staff has determined that the proposed C -3 zoning is most appropriate in this caseparticularly since the use is consistent with existing, established development.

The Zoning Ordinance

3. The Zoning Ordinance requires that all lots in the C -3 District meet the following arearequirements:

a. Minimum Lot Area = 12, 000 square feetb. Minimum Lot Frontage = 100 feet

C. Maximum % Coverage = 50%

d. Minimum Front Yard = 50 feete. Minimum Rear Yard = 10 feetf. Maximum Height = 35 feet

The existing development seems to be consistent with these development regulations.

V. RECOMMENDATION

Considering findings 1 - 3 and other information provided herein, staff recommends that this

application be recommended for approval to the City Council.

VI. DRAFT MOTION ( based on recommendations)

In the case of the Application for Rezoning submitted by Jim & Mary Kay Niles, we have readthe staff report and received testimony at the public hearing. We find ourselves in agreement

with staff findings including all plans and attachments cited in the Staff Report. I move that this

item be recommended for approval to the City Council (... with the following conditions...)" 1.

Page 2 of 3

2.

3. ------------------------------------

Page 3of3

fc

j nCOMMUNITY DEVELOPMENT

ZONING PERMITTHIS FORM WAS PRINTED ON: 10/ 10/ 2012

Community Development10S. 5 1h St.

Yukon, OK 73099

405- 354 -6676 Fax 405- 350 -8929

PERMIT #: 121010005 DATE ISSUED: 10/ 10/ 2012

JOB ADDRESS: 1492 SUMMERTON PLACE LOT #: PARCEL ID:

SUBDIVISION: o 1. )'j7k /ir fllti lx' C / BILK #:

ZONING:

OWNER/AGENT: JIM NILES CONTRACTOR: JIM NILESADDRESS 616 OTTAWA ADDRESS: 616 OTTAWACITY, STATE ZIP: YUKON OK 73099 CITY, STATE ZIP: YUKON OK 73099PHONE: PHONE:

PROP.USE SETBACKS: VALUATION: 0.00 FRONT:

SQ FT 0.00 LEFT SIDE: OCCP TYPE: RIGHT SIDE: CNST TYPE: REAR: WORK DESC: REZONING C -5 TO C -3

FEE CODE DESCRIPTION AMOUNTREZ1 000 INITIAL $ 150.00

TOTAL $ 150.00

NOTES:

NOTICE

THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 12 MONTHS AT ANY

TIME AFTER WORK IS STARTED.

Note: All permits over $50, 000.00 have special requirements as

required by the Oklahoma Tax Commission.

I HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BETRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORKWILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOTPRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISION OF ANY OTHER STATE OR

LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.

GNAT E OF CONTRACTOR OR IZED AGENT) DATE

A PROV D BY) ', DATE

AMOUNT PAID CASH CHECK #

CALL 354 -6676 FOR INSPECTIONS

DAPPLICATION FOR REZONING

CITY OF YUKON

Date Received:

Receipt #

lf.the applicant is not the owner of the property, a letter of authorization from the legal owner is required.) Applicant/Representative: ) f M

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Mailing Address: I + } 1 . s,) to nn e 1 /,*, c li- zip code

Telephone S l (o o 5 o- l 3s Fax

Additional Owners of Record of

1. ti/,

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Address

2.

Address

3.

Address

PROPERTY DESCRIPTION

Phone

Phone

Phone

Please attach 15 copies of a scale survey or site plan of the property if required) Physical Location / Address of Property: Lot / Block 112, Subdivision Zoning District: COr Metes and Bounds Description:

REZONING REQUEST

Present Zoning Classification C - 5 Requested Zoning Classification C

The present use of the property is ( include description of existing improvements)

The proposed use of the property is /— 1 G /

Dimensions of Property (in feet) - width depth Total Square Feet6 , I v q, Any portion of the property in the 100 -Year Flood Plain? _/ V o_

lfl%

a..

October 2000 Rezoning Application - Side 1

Existing StructureFront Yard Set Back

Side Yard Set Back

Rear Yard Set Back

Building Height

No. of Off - Street Parking Spaces

Type of Parking Space

Percent of Lot Covered

Please submit the following with this application form: Transmittal /Submittal Letter

Proposed Structure

N-

Application for Rezoning

Filing fee of $150.00

1 copy of a Certified Property Owner' s List of all property within 300 feet of the siteElevation of the site if it is in the Flood Plain.

Fifteen ( 15) copies of a scale plot plan or survey of the entire property indicating all existing and proposedbuildings and utilities serving the property ( if required).

I, the undersigned, record owner of the property herein described hereby make application for Rezoningto the Zoning District set forth above in accordance with the provisions of the Zoning Ordinance of theCity of Yukon, and 1 hereby certify that the information given herein is true and correct to the best of myknowledge and belief.

Applicant's Signature G I Date "

FOR OFFICE USE ONLY: Date Filing Fee Paid $ Receipt #

PC Hearing Date PC Recommendation

Notice to Property Owners mailing date

CC Hearing Date — CC Action

Ordinance Number Further Action

October 2000 Rezoning Application - Side 2

LEGACY LAKES PH 1136

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