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HomeMy WebLinkAbout1079_OA 16-04_ 7400 N Mingo Valley ExpresswayTULSA COUNTY CLERK - PAT KEY tFi�6c Doe p 2016048018 Page(s): 5 05/23/2016 02:24:30 PM Receipt q 16 -27890 ° Fee: $ 21.00 OKGAHO�`P CITY OF OWASSO, OKLAHOMA ORDINANCE 1079 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION CASE OA -16 -04 OF PROPERTY LOCATED IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (N /2 SE /4 NW /4 NW /4) & THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NE /4 NW /4 NW /4) & THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (SW /4 NW /4 NW /4) OF SECTION THIRTY -TWO (32), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST a OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD FOUR OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation of the property referenced in application OA- 16 -04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Tract 1: The West Four hundred eighty -three (483) feet of the North Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter (N /2 SE /4 NW /4 NW /4) of Section Thirty -two (32), Township Twenty -one (21) North, Range Fourteen (14) East of the I.B. &M., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; and Tract 2: A tract of ground situated in the Northeast Quarter of the Northwest Quarter of the Northwest Quarter (NE /4 NW /4 NW /4) of Section Thirty -two (32), Township Twenty -one (21) North, Range Fourteen (14) of the I.B. &M., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows: Beginning at the Southwest Corner of the NE /4 of the NW /4 of the NW /4; Thence North a distance of 260.0 feet; Thence East a distance of 483.0 feet; Thence South a distance of 260.0 feet to a point on the South line of the NE /4 of the NW /4 of the NW /4; Thence West along said South line a distance of 483.0 feet to the Point of Beginning; and Tract 3: The Southwest Quarter of the Northwest Quarter of the Northwest Quarter (SW /4 NW /4 NW /4) of Section Thirty -two (32), Township Twenty -one (21) North, Range Fourteen (14) East of the I.B. &M., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; LESS AND EXCEPT a strip, piece or parcel of land lying in the SW /4 NW /4 NW /4 of Section 32, Township 21 North, Range 14 East in Tulsa County, Oklahoma, said parcel of land being described by metes and bounds as follows: Beginning at the NW corner of said SW /4 NW /4 NW /4, thence East along the North line of said SW /4 NW /4 NW /4 a distance of 289.1 feet; thence S 15 58" W a distance of 247.4 feet; thence S 8 01" W a distance of 360.1 feet; thence S 0 04" W a distance of 65.7 feet to a point on the South line of said SW /4 NW /4 NW /4, thence West along said South line a distance of 169.5 feet to the SW comer of said SW /4 NW /4 NW /4; thence North along the West line of said SW /4 NW /4 NW /4 a distance of 660.4 feet to the point of beginning, containing approximately 13 acres, be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate and the same is hereby zoned IL (Industrial Light) per the existing Tulsa County Zoning. Section 1. That from and after the passage and publication of this Ordinance, the real estate and territory described above shall be a part of the City of Owasso, Oklahoma, and in Ward Four thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 171h day of May, 2016. O F C)-' - r`` �`ro (SEAL) 1- OFFICIAL SEAL Sherry Bisho , City Clerk aKLAHO�`A APPR VED AS TO FORM: JuliV0-A Lombardi, City Attorney 1 OA 16 -04 ri\ 1" = 1,505 ft Annexation is 04/22/2016 { > Request 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. OA 16 -04 1" = 1,505 ft ARequestn 04/22/2016 { ;` 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. CS 17i'il IL I E5AVE 1 rt Q W h 2 -ST CH Subject Tract IL r------------------- PUD -475A � I RS -3 CS RE LEGEND = Owasso Corporate Limits 0 Subject o �s tso soo 30' Radius � %Tract OA 16 -04 32 21 -14 Feet CITY OF OWASSO /LEGALS Altn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Date Category 06/01/2016 Legal Notices Weekly Group Description ORD NO. 1079 gmkSa A—w L0, - Ca—la Al—a Dwassonp Leas , WagaMS ii bone Sand T-1. LeaEer.S'a'N —, umal iuW Busmez.6 Legal Newt OKLAHOMA WEEKLY GROUP P.O. BOX 26945 RICHMOND, VA 23261 -6472 Account Number 1015023 Date June 01, 2016 Ad Size Proof of Publication 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 qualified to publish legal notices, advertisements and publications as provided in Section 106 or 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 DATE(S) LISTED BELOW 06/01/2016 Newspaper reference: 0000250635 Legal ReV4sentative Sworn to and subscribed before me this date: Notary Public NOTARY UBLICATATE OF OKLAHOMA cotaM. tsxr. NANCY CAROL MOORE 1Y.Og,2016 COMMISSION #06011684 TULSA COUNTY MY commission expires: -Ode L--2O/p Total Cost THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU 179.20 250635 Published in the Owosso Reporter, Owosso, Tulsa Coon. 1Y, Oklahoma, June 1, 2016. CITY OF OWASSO, OKLAHOMA ORDINANCE 1079 AN ORDINANCE ArCFPTDd(L K I T LOCATED IN THE OF THE SOUTHEAST QUARTER OF WEST QUARTER OF THE NORTH TER (NR SE /4 NWA NW /4) & THE QUARTER OF THE NORTHWEST t THE NORTHWEST QUARTER (NE /4 THE SOUTHWEST QUARTER OF WEST QUARTER OF THE NORTH' TER (SWA NW 14 NW /4) OF SECTION (32), TOWNSHIP TWENTY -ONE I RANGE FOURTEEN (14) EAST OF BASE AND MERIDIAN, TULSA COL OF OKLAHOMA, ACCORDING TO TI ERNMENT SURVEY THEREOF, THAT FROM AND AFTER THE PI PUBLICATION OF THIS ORDINANC OF THE REAL PROPERTY WITHIN TORY HEREIN DESCRIBED SHALL OF THE CITY OF OWASSO, OKLA FURTHER DECLARING THAT ALL F SIDING THEREIN SHALL BE SUBJI %ME AS AND Oil WHEREAS, Public hearings have been held regarding the request for annexation of the property herein de5ari- bed, and WHEREAS, the Owasso ChY Council has considered the recommendation of the Owasso Annexotlon Commit- tee, the Owasso Planning Commission and all statements for or against the requested annexOtion of the property referenced in application OA- 16-04. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: Tract 1: The West Four hundred eighty -three (Al feet of the North Half of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter (N2 SE /4 NW/4 NW 141 of Section Thirty-two (32), Township Twenty -one (21) North, Range Fourteen (14) East of the I.B. &M., Tulsa COurtY, State of Oklahoma, according to the U.S. Government SurveY thereof; and Tract 2: A tract of ground shunted in the Northeast Quar. ter of the Northwest Quarter of the Northwest Quarter (NE14 NW /4 NW 14) of Section Thirty -two (32). Township Twenty -one (21) North, Range Fourteen (14) of the I.B. &M., TWSO CountY, State Of Oklahoma, according to the U.S. Government SurveY thereof, being more Particu- larly described as follows: Beginning Ot the South- west Corner of the NE 14 of the NW /4 of the NW 14; Thence North a distance of 260.0 feet; Thence East a distance of 483.0 feet; Thence South a distance of 260.0 feet to a point an the South line of the NE /4 of the NW /4 of the NW /4; Thence West along said South line a distance 0 483.0 feet to the Print of Rnntnninn. 3: no 0escrlbea OY metes and boars as follows: ring at the NW corner of sold SW /4 NW /4 N nce East along the North line of said SW /4 h '14 o distance of 289.1 feet; thence 5 15 58" W a to of 2474 feel thence S 8 01" W a distant 1 feet; thence S 0 04° W a distance of 65.7 fix eint on The South line of sad SW /4 NW /4 NW /4, IN '4 Olong said South line a distance of 169.5 feet is corner of said SW 14 NW 14 NW /4; thence North a West line of said SW 14 NW 14 NW 14 a distance Of f feet to the point of beginning, containing approximately ig acres, be, and the some is hereby onnexed to, made a part of, and added to the City of Owosso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real es- tate and the some is hereby zoned IL (Industrial Light) per the existing Tulsa County Zoning. Section I That from and after the passage and publi- cation of this Ordinance, the real estate and territory de- scribed above shall be o part of the City of Owasso, Okla- homa, and in Word Four thereof, and all persons resid- ing therein, and all property situated thereon, shall be and are hereby declared to be subiect to the jurisdiction, control, lows, and Ordinances of the City of Owasso, Oklahoma, in all respects and barticalars. Section All ordinances or ports of ordinances, in conflict with this ortlinance are hereby rambled to the extent Of the conflict only. Section 0. If any Pori or parts of this ordinance are deemed unconstitutional, invalid ar ineffective, the re- molding portion shall not be affected but shall remain in fall force and effect. ttion 4, The provisions of this ortlinance shall be- came effective thirty (00) days from the data of foul passage as provided by State law. Section S. That there be filed in the office of the Coun- tY Clerk of Tulsa County, Oklahoma, a true and correct COPY of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this 17th day of May, 2016. /sr Lyndell Dunn, Mayor ATTEST: /s/ Sherry Bishop, City Clerk FORM- IS/ Julie Lombardi, City RAttorney The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Ordinance 1079 - Annexation (OA 16 -04) DATE: May 13, 2016 BACKGROUND: APPROVED BY COUNCIL Iritsr 17 4UJU The City of Owasso received an application for review and approval of an annexation request for property located at 7400 N Mingo Valley Expressway. The property is approximately 13 acres in size. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction N/A CH N/A Number of Reserve Areas N/A North (Commercial- Commercial Commercial City of Rogers Water District Heavy) City of Owasso Storm Siren Fee $35 /acre Streets (public or private) Owasso South IL (Industrial) Undeveloped Industrial Tulsa County East RE (Residential Estate ) Residential Residential Tulsa County West AG Highway(US- AG City of A riculture 169 Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 13 acres Current Zoning IL Industrial Light) Proposed Use' 1 N/A Lots /Blocks N/A Number of Reserve Areas N/A Within PUD? N/A Within Overlay District? No Water Provider /District Rogers Water District Applicable Paybacks City of Owasso Storm Siren Fee $35 /acre Streets (public or private) Public ANALYSIS: The applicant for this annexation is requesting this property be annexed into the City of Owasso corporate limits. According to the Tulsa County Zoning Map, the property is currently zoned IL (Industrial). The applicant has requested that the current Tulsa County Zoning of IL (Industrial Light) remain on the property upon annexation. This industrial zoning designation is supported in the City of Owasso's Land Use Master Plan as this area is called out for industrial uses. There have been concerns expressed from neighbors to the east of the property when legal notices were mailed to property owners within the designated 300' radius. These concerns with the development have been recorded by staff and will be addressed at the appropriate time of the development stage. The specific concerns are in relation to issues of flood management, access, buffering, fencing, noise and property values. At this time, this request from the applicant is only for the proposed annexation into the City of Owasso jurisdiction and whether the city can adequately serve the property with life safety, utilities, and public streets. Upon annexation the property will be subject to all development standards, codes and ordinances of the City of Owasso, including, but not limited to paved streets, storm water detention, sidewalks, life safety, and landscaping. COMPREHENSIVE PLAN CONSISTENCY: The GrOwasso 2030 Land Use Master Plan identifies the subject property as having a future land use for industrial and commercial development. The proposed industrial use conforms to the land use plan. ANNEXATION COMMITTEE: This item was reviewed by the Owasso Annexation Committee on April 27, 2016. The committee determined that the property could be served with utilities and emergency services and recommended approval of the annexation. PLANNING COMMISSION: This item was heard by the Owasso Planning Commission at their meeting on May 9, 2016. The Planning Commission unanimously voted to recommend approval of the annexation request. RECOMMENDATION: Staff recommends approval of Ordinance 1079, annexing property located at 7400 N Mingo Valley Expressway and applying the current county zoning of IL (Industrial Light). ATTACHMENTS: Ordinance 1079 Area Map Aerial Map INCOG Map Neighbor Concern Letters DATE: May 4, 2016 TO: Bronce L. Stephenson Director of Community Development City of Owasso, OK PROM: Neighbors on 117th East Avenue And East 69th Street SUBJECT: OA -16 -02 and 03 Please place the attached memo in the Planning Commission packets for the Planning Commission meeting scheduled for May 10, 2016. Thank you, Joyce Snider DATE: May 2, 2016 TO: Planning Commission Members Bronee L.Stephenson Director of City Development City of Owasso, OK 74055 FROM: Concerned Neighbors SUBJECT: Proposed annexation of parcels between 117`' East Avenue and frontage road of Highway 169 OA -16 -02 and OA -16- 03 We, neighbors in the area of 117`' East Avenue and East 690' Street, have a number of concerns regarding the proposed annexation of three parcels located between our street and the frontage road. While most of us may not be, opposed in general to the proposed annexations, the insertion of Light Industrial zoning in a residential area in and of itself can be extremely intrusive, bringing buck traffic, noise and pollution as it often does, materially interfering with a peaceful residential area. (The buffer will be flexible up to a point and we can only hope it will be the maximum possible,) Property owners David Ream and Flo Sharpe, who are the most affected by the proposed annexations because their homes are the closest, were given no notice prior to setting a public hearing, making it impossible for them provide feedback early in the process. The crux of the matter at this point is that this annexation sets the parameters for approval of every application that follows on the annexed area!!! Now is the time to decide whether you want to allow the original County zoning of Light Industrial to stand as LI, not with later other application. One very real detriment to the two extremely close neighbors is the lower value of the surrounding property. Mr. Ream's main concern is the possible use of the strip of property north of and contiguous to his property for access to the three parcels under consideration for annexation. Especially when there are two access points to the parcels from the adjacent frontage road. In addition, it would be costly to construct an access from 117`' East Avenue. It would be necessary to remove and relocate the existing utility pole, remove the existing brick wall, remove two large trees, remove the septic system, relocate gas and water lines and build two privacy fences to hide the access road from the view of it from the two neighbors. With all that, it would still be an eyesore, detracting from the residential ambiance. Mrs. Sharpe's concern is that such an access road would be about 30 feet from her house, with the attendant noise and pollution it could bring into her home if used commercially. (The neighbors on the sheet still remember the big trucks that used to barrel through their neighborhood.) The communication from the developer so far is through Tanner Consulting, who can only listen, convey information and make recommendations to the property owners. That could prove to work to the disadvantage of the residential area. We hope the City officers and Staff will take this communication seriously and will continue to protect this residential area. Those of us who have communicated with Mr. Stephenson have been treated with respect and provided with an overview of the situation and what it means for us. Thank you for your consideration