HomeMy WebLinkAbout1109_OA 17-02_OZ 17-01_ E of US Hwy 169 se c of 126th St N & N 139th E Ave Ag to CSTulsa County Clerk - Michael Willis
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okIAHOMA
LIIT Vt VWAJJV, uKLAHOMA
ORDINANCE 1109
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO,
OKLAHOMA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION
CASE OA -17 -02 AND APPROVING ZONING APPLICATION NUMBER OZ- 17 -01,
CHANGING THE ZONING DESIGNATION, AND DIRECTING THE FILING OF THIS
ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT
WHEREAS, public hearings have been held regarding the request for annexation and
rezoning of the property herein described as bring located at the southeast corner of 1261h St N
139th E Ave, 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 and rezoning of the property referenced in application OA -17 -02 and OZ-
17 -01.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
SECTION 1:
A TRACT OF LAND LOCATED IN GOVERNMENT LOT TWO (2) IN THE NORTHEAST
QUARTER (NE /4) OF SECTION FOUR (4) OF TOWNSHIP TWENTY -ONE (21) NORTH AND
RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.),
ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF
OKLAHOMA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF THE NE /4 OF SEC. 4, T -21 -N, R -14 -E, I.B. &M.;
THENCE N 88 056'35" E ALONG THE NORTH LINE OF SAID NE /4 A DISTANCE OF 1124.26
FEET; THENCE S 01 021'55" E A DISTANCE OF 57.28 FEET TO THE POINT OF BEGINNING
BEING ON THE PRESENT U.S. HIGHWAY 169 RIGHT -OF -WAY; THENCE S 01 °21'55" E
PARALLEL WITH THE EAST LINE OF GOV. LOT 2 IN SAID NE /4 A DISTANCE OF 1253.72
FEET TO THE SOUTH LINE OF SAID GOV. LOT 2; THENCE S 88 149'17" W ALONG THE
SOUTH LINE OF SAID GOV. LOT 2 A DISTANCE OF 627.59 FEET TO SAID PRESENT
HIGHWAY RIGHT -OF -WAY; THENCE N 01 024'03" W ALONG SAID PRESENT HIGHWAY
RIGHT -OF -WAY (UNTIL OTHERWISE NOTED) A DISTANCE OF 230.90 FEET; THENCE N
44 047'57" E A DISTANCE OF 83.13 FEET; THENCE ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 552.46 FEET, A CENTRAL ANGLE OF 47 003'06 ", A CHORD
BEARING OF N 22 041'10" E, A CHORD DISTANCE OF 441.04', FOR A DISTANCE OF
453.68 FEET; THENCE N 01'24'03" W A DISTANCE OF 544.82 FEET; THENCE N 88 °56'35"
E A DISTANCE OF 69.17 FEET; THENCE N 85 045'52" E A DISTANCE OF 319.56 FEET TO
THE POINT OF BEGINNING CONTAINING APPROXIMATELY 13.14 ACRES.
The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma,
and its corporate limits and the same is hereby re -zoned from AG (Agricultural) to CS
(Commercial Shopping) District. All persons residing therein, and all property situated thereon,
shall be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso,
Oklahoma, in all respects and particulars.
SECTION 2.
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 City Council Ward
One.
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.
There shall be filed in the office of the County Clerk of
correct copy of this Ordinance and correct map of the to
PASSED AND
Attest: U M
Sherry Bishor ,City (SEAL)
APIOVED AS TO FORM:
lie Lombardi, City Attorney
Ordinance 1109
Page 2 of 2
Oklahoma, a true and
day
2017
Annexation Ordinance 1109
n
1 = 752 ft OA 17 -02
03/06/2017
5
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 Public staff for the most up-to -date information.
Zoning Map
OA 17 -02 OZ 17 -01
Morrow Property
Land Use Plan
OA 17 -02
OZ 17 -01
LEG EP
Land Use Categories
_ COrlYtferbai
— k6zft- LReq -W Enp6yrnent
Neghhat=d 1,rued Use (U9It Ctoe.
Cairneroal Shappi%Attached Heusag,
SF Housng, Apanmats alive re i)
ParksRzcreYion
® Pu1.JCIrof6,uoona4Crusr puhoe
RewW.IW lSirKkt 7f detached housing)
TranstmW(AOadx< hw g. dupes, cffi s)
'G1pnM.hrAddOan Spedal C1U5iU,
"t)a,raNvm De1dopmcrX Clisi+xt
Hospital
PubSCPadc
Gol[C.apse
ttt
Cr:mritory
FvMiN PMW Schad
Future publK School
.;.
Cmllan Aini<p
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Fw a P.vk and RxWTrarc t Stop
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Hospital
PubSCPadc
Gol[C.apse
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Cr:mritory
Metes and Bounds Legal Description of
Surveyed Tract
A a. al loos locates in C.—,rerl Wt Tea (2) M the Ncrlhemt
sorter ME /4) of Section Four (p of T—sho Teem, -me (21)
North and Bangs Femteen (14) EPet of Ae Indian Be,. and
Meridian (1.8 &M.). accarmng to the U.S. Covemment Sir y, thereof,
Tmw cwnty. Stott o1 Oklahoma: sting — Pa UeMIMl deenbes
ae halo +>:
Commandng a< the NW ca'nc of the NE /4 0l Sec 4, i -21 -N.
N -14-E. LB.811.: Theron N 8856'35 E offing the north Ano of
Id NE /4 a dbtance of 1124,26 feet rheum S 0111'55' E a
dbtance of 57.28 feet to Nv Point a1 Be here, 5e4,g an the
Prevent U.S. Higheoy 169 right -of -ear Thence S 0111'55' E
Pam6N wiN Nv oast the of Gov. Lot 2 In eatd NE /4 o tllelance of
1253.72 feet to the >wth Rene m void UP, Lot 2 Theron S
88'4917' W almg the south INV of aoid Go¢ Lot 2 o dbtance of
627.59 feet to arid present higheoy right -of -ear, therm N
0114'03• W Ion, said Present h'0eoy rght -of -way (unto
oNVnlse noted) a distance of 230.90 fee, Y,h,. N 4CO'5Y E
A tll >Neo. of 83.13 l.of; Them storm, a area to the left hating
irnii of 552.46 feet a cenVd glen of 47VYM o chord
eeoring of N 22'41'10' C l a Mer dbtance of 4{1.041 for a
distance of 45360 feat; Thence N 0114'OY W a di>bnce of
S..82 heeC Thence N 885635' E o sislonce of 69.17 feet;
Thence N 85'45'52' E a distonco of 319.56
' A� 03• SET 3/8' L.P.
SET 3/e I.P.
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Plat of Survey
Boundary
E 126th St N
of
�r
A part of the Government Lot 2
Section 4, T -21- , R -141 -E
Scale: 1" =100
Tulsa County, Oklahoma
d b Iw 71w SoG
y
East 126th Street North -. ,-
U,
SET MAGNETIC NAIL
1184.26 N 88'56'35" B _ r eenP Aqn raroa ,_ �aa
NMYN LINE OF NE /4 --
' PpNT OG CONMENCaAENT
rvW CGNNER OF ME NE/4
7�U1
"'- N 8859 1 8f S N 86'45'5 � "S mts
319.56
SEC. 4. T-21-N, R -14 -E
FOUND ODOT BRASS CAP
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Metes and Bounds Legal Description of
Surveyed Tract
A a. al loos locates in C.—,rerl Wt Tea (2) M the Ncrlhemt
sorter ME /4) of Section Four (p of T—sho Teem, -me (21)
North and Bangs Femteen (14) EPet of Ae Indian Be,. and
Meridian (1.8 &M.). accarmng to the U.S. Covemment Sir y, thereof,
Tmw cwnty. Stott o1 Oklahoma: sting — Pa UeMIMl deenbes
ae halo +>:
Commandng a< the NW ca'nc of the NE /4 0l Sec 4, i -21 -N.
N -14-E. LB.811.: Theron N 8856'35 E offing the north Ano of
Id NE /4 a dbtance of 1124,26 feet rheum S 0111'55' E a
dbtance of 57.28 feet to Nv Point a1 Be here, 5e4,g an the
Prevent U.S. Higheoy 169 right -of -ear Thence S 0111'55' E
Pam6N wiN Nv oast the of Gov. Lot 2 In eatd NE /4 o tllelance of
1253.72 feet to the >wth Rene m void UP, Lot 2 Theron S
88'4917' W almg the south INV of aoid Go¢ Lot 2 o dbtance of
627.59 feet to arid present higheoy right -of -ear, therm N
0114'03• W Ion, said Present h'0eoy rght -of -way (unto
oNVnlse noted) a distance of 230.90 fee, Y,h,. N 4CO'5Y E
A tll >Neo. of 83.13 l.of; Them storm, a area to the left hating
irnii of 552.46 feet a cenVd glen of 47VYM o chord
eeoring of N 22'41'10' C l a Mer dbtance of 4{1.041 for a
distance of 45360 feat; Thence N 0114'OY W a di>bnce of
S..82 heeC Thence N 885635' E o sislonce of 69.17 feet;
Thence N 85'45'52' E a distonco of 319.56
' A� 03• SET 3/8' L.P.
SET 3/e I.P.
hCa
Oa
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O
SEi 3 /B' =I.P.
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of
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13.148 Acres 1 -y
I
SWYN LINE GOVERNMENT LOT 2
ra�,nd r a.m e.r .r,l a.d
re ewndery cen
' 3.fi min
o / 0woawy am ewna
Notes
1. MIS LEGAL DESCRIPTION WAS PREPARED BY KERN M. NEWTON, C OIAA UCEMED PROFESSIONAL
SURVEYOR / 1289.
2. MIS nRM WAS NOT CCNMACTO TO REY ES ARCN EASEMENTS OR ENCUMBRANC OF REGOR9. NO ATTEMPT
TO RESEMCR ME COUNTY RECORDS OR TIMER RECORD M10E5 WAS PERFORMED BY MIS MU,
THEREFORE EASEMENTS MAY AFFECT ME SUBJECT TRACT THAT ARE NOT REfRECTED BY THIS PUT.
3. ALL UNDERGROUND UTUTES MAY NOT BE SHORN.
4. ME BEANNG BASE FOR MIS SURVEY IS BASED W ME DKLAHONA STATE PLANE COORDINATE SYSTUI,
NORM ZONE.
S ME LEGAL DESCRIPTOR IN ME WIT CINM DEED RECO10E0 IN BIXX( 63M AT PACE 1323. TULSA
COUNTY, WAS USED FOR MIS SURVEY. THE METES AND BOUNDS IEDAL DESCRIPTION SHOWN ON
MIS SURVEY 15 NNOLLY CONTARED WMIN ME US& DESCRIPTION IN BOCK 6332 AT PAGE 1323,
S 88-49'17' W
mat
vY /se
Surveyors Statement
I, KENT M. NEXUN, A REGISTERED LAND SURVEYOR IN ME STATE W OKLAHOMA. HEREBY CERTIFY THAT
THE ABOVE
PUT flEPRF5FN15 A BOUNDARY SVRKT. ME ABOVE PIAi fffyLEC1S ALL INSTRUMENTS THAT
HAVE SEW DIBCLOSED AND FURNISHED AT THE TYE OF SURVEY. Na CPINIUM IS MUR ED AS TO TIE GXNEflSHIP
ar FENCES OR ANY OTIFA APPURTENANCES ON SAID PROPOW.. MIS PLAT OFF SURVEY MEETS THE MINIMUM
TECHNICAL STANTIAOS AS AUDI BY ME OKIANOMA STATE BOARD CF REGISTRATION FOR PROFESSIONAL
ENGNEMS AND LAND SURVEYORS.
BE/NORMARRKK SSTUR.VE�IMG k t(�( \ /.ND SR ICES. WC.
eOEGBSIO.V,/Dt \LN N
g KERN M. NE'M.UN SIB B 1289
r� 6YVIN N. a 8 n M. '9M1
NERWn " DATE OF CERTFlCATIXi
N 128D �
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R 14 E
E 126th St N
,
as
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E 116th St N
Location Map
BEGINNING
8F
e' LP.
33'
enl
ePr
Legend
—«— FENCE UNE
O SET 318• I.P. W /CAP
I.P. IRON PIN
of
i'
13.148 Acres 1 -y
I
SWYN LINE GOVERNMENT LOT 2
ra�,nd r a.m e.r .r,l a.d
re ewndery cen
' 3.fi min
o / 0woawy am ewna
Notes
1. MIS LEGAL DESCRIPTION WAS PREPARED BY KERN M. NEWTON, C OIAA UCEMED PROFESSIONAL
SURVEYOR / 1289.
2. MIS nRM WAS NOT CCNMACTO TO REY ES ARCN EASEMENTS OR ENCUMBRANC OF REGOR9. NO ATTEMPT
TO RESEMCR ME COUNTY RECORDS OR TIMER RECORD M10E5 WAS PERFORMED BY MIS MU,
THEREFORE EASEMENTS MAY AFFECT ME SUBJECT TRACT THAT ARE NOT REfRECTED BY THIS PUT.
3. ALL UNDERGROUND UTUTES MAY NOT BE SHORN.
4. ME BEANNG BASE FOR MIS SURVEY IS BASED W ME DKLAHONA STATE PLANE COORDINATE SYSTUI,
NORM ZONE.
S ME LEGAL DESCRIPTOR IN ME WIT CINM DEED RECO10E0 IN BIXX( 63M AT PACE 1323. TULSA
COUNTY, WAS USED FOR MIS SURVEY. THE METES AND BOUNDS IEDAL DESCRIPTION SHOWN ON
MIS SURVEY 15 NNOLLY CONTARED WMIN ME US& DESCRIPTION IN BOCK 6332 AT PAGE 1323,
S 88-49'17' W
mat
vY /se
Surveyors Statement
I, KENT M. NEXUN, A REGISTERED LAND SURVEYOR IN ME STATE W OKLAHOMA. HEREBY CERTIFY THAT
THE ABOVE
PUT flEPRF5FN15 A BOUNDARY SVRKT. ME ABOVE PIAi fffyLEC1S ALL INSTRUMENTS THAT
HAVE SEW DIBCLOSED AND FURNISHED AT THE TYE OF SURVEY. Na CPINIUM IS MUR ED AS TO TIE GXNEflSHIP
ar FENCES OR ANY OTIFA APPURTENANCES ON SAID PROPOW.. MIS PLAT OFF SURVEY MEETS THE MINIMUM
TECHNICAL STANTIAOS AS AUDI BY ME OKIANOMA STATE BOARD CF REGISTRATION FOR PROFESSIONAL
ENGNEMS AND LAND SURVEYORS.
BE/NORMARRKK SSTUR.VE�IMG k t(�( \ /.ND SR ICES. WC.
eOEGBSIO.V,/Dt \LN N
g KERN M. NE'M.UN SIB B 1289
r� 6YVIN N. a 8 n M. '9M1
NERWn " DATE OF CERTFlCATIXi
N 128D �
!n 1A
"iA'K nchmarz Sorveyirq Gnd Loud Services
a
Weekly
Group
CITY OF OWASSOILEGALS
Attn JULIE STEVENS
PO BOX 180
OWASSO, OK 74055
Owasso Reporter . Sand Sprfngs Leader
Sklatookloumel - Wagoner Cauntygmerlcan- Tribune
Tuba Buslmss & Legal News
OKLAHOMA WEEKLY GROUP
P.O. BOX 1770
TULSA, OK 74102 -1770
Account Number
1015023
Date
September 27, 2017
L Date Category Description Ad Size Total Cost
09/27/2017 Legal Notices ORDINANCE NO. 1109 2 x 115.00 CL 147.20
Published In the Owasso Reporter, Owosso. Tulsa Caun-
ri, Oklahoma, September 27, 2017.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1109
AN ORDINANCE ACCEPTING, ADDING, AND
ANNEXING TO THE CITY OF OWASSO, OKLAHOMA,
ADDITIONAL LANDS AND TERRITORY AS REFER-
ENCED IN ANNEXATION CASE OA -17 42 AND AP-
PROVING ZONING APPLICATION NUMBER OZ -17 -01,
CHANGING THE ZONING DESIGNATION, AND OI-
RECTING THE FILING OF THIS ORDINANCE, AND
REPEALING ALL ORDINANCES OR PARTS OF ORDI.
NANCES IN CONFLICT
theyrequestt forpanndexflonnand rezoning ofethe property
herein described as brine located at the southeast corner
Of 126th St N 139th E Ave, and
WHEREAS, the Owasso City Council has considered
the recommendation of the Owasso Annexation Commit-
tee, the Owasso Planning Commission, and all state-
ments for or against the requested annexation and
rezoning of the property referenced In application OA.17-
02 antl OZA741.
CIL OF,THE CITY OF F OWASSO ORDAINED
WIT: OKLAHOMA, THAT TO
SECTION I-
A TRACT OF LAND LOCATED IN GOVERNMENT
LOT TWO (2) IN THE NORTHEAST QUARTER
(NEM) OF SECTION FOUR (4) OF TOWNSHIP
TWENTY -ONE (27) NORTH AND RANGE FOUR-
TEEN (14) EAST OF THE INDIAN BASE AND
MERIDIAN GOVERNMENT & SURVEY, O THEREO THE TULSA
COUNTY, STATE OF OKLAHOMA; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
The some Is hereby annexed to, made a part of, and add-
ed to the City of Owasso, Oklahoma, and Its corporate
limits and the some Is hereby re -zoned from AG Morl-
cultural) to CS (Commercial Shopping) District. All Per-
sons ISblt t urd nl,l, nsll be residing o the I lslcHo, control, laws, or-
dinances
f the City of Owasso, Oklahoma, in all respects
and Particulars.
From and after the passage and Publication Of this Ordl-
nonce, the real estate and territory described above shall
be a part of the City of Owasso, Oklahoma, and In City
Council Ward One.
lhls ordinances e are hereby repeated the extent of the
conflict only.
SECTION 4.
If any Part or parts of this ordinance are deemed uncon.
shaa10111not bedaHttted bIneffective, t ain in full fodrrce and dat
SECTION S.
The provisions at this ordinance Shull become effective
thirty (30) days from the date of final passage as provid-
ed by state dew.
S
T ere shat be feed 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.
oA1 SSED AND APPROVED this 19th day of September,
/s/ Chris Kelley, Vice-Ml
ATTEST: Attest: /s/Sherry Bishop. City Clerk
baeoiAAPPROVED / IobarCty Attorney
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
09/27/2017
Newspaper reference: 0000412435
r r / . ' r / A4A X 1�
T LegalRepresentadve
Sworn to and subscribed before me this date:
7 9-�9017
otary Pubic
My Commission expires: /'2 -6w —.2e me
NOTARY PUBLIC-STATE OF OKLAHOMA
COMM. EXP. NANCY CAROL MOORE
12.08 -2018 COMMISSION N 06011684
TULSA COUNTY
gPPR0V
TY-C, tdy! f out Limits. FQ BY CO(JIVC /L
TO: Honorable Mayor and City Council, SEP IS
City of Owasso
FROM: Bronce L. Stephenson, MPA
Director of Community Development
SUBJECT: Ordinance 1109 /Annexation (OA 17 -02) and Rezoning (OZ 17 -01)
DATE: September 15, 2017
BACKGROUND:
The Community Development Department received a request for the annexation of a property
located just east of U.S. Highway 169 on the southeast comer of 126th St N and N 139th E Ave. The
property is approximately 13.148 acres in size and is unplatted. While the property is currently
zoned AG (Agriculture), the applicant is requesting CS (Commercial Shopping) zoning be
applied to the property as part of the annexation.
SURROUNDING LAND USE:
Direction.
Zoning.
Use
Land Use Plan
Jurisdiction
North
AG (Agriculture)
Residential
N/A
Tulsa County
South
AG (Agriculture)
Residential
Industrial/
Tulsa County
Regional Employment
East
AG (Agriculture)
Residential
Commercial/
Tulsa County
Transitional
West
AG (Agriculture)
Undeveloped (ROW)
N/A
ODOT/
City of Owasso
SUBJECT PROPERTY /PROJECT DATA:
Property Size
13.148 acres
Current Zoning
AG (Agriculture)
Land Use Plan
Commercial
Within Overlay District?
US -169 Overlay District
Water Provider
Washington Rural Water District #3
Applicable Paybacks
Storm siren fee - $35.00 per acre
Morrow Lift Station - $3,089.16 per acre (estimated)
Ranch Creek Sanitary Sewer - $610.33 per acre
ANALYSIS:
The property is currently zoned AG (Agriculture) in Tulsa County, and the applicant is requesting
annexation into Owasso's corporate limits. The applicant also requests a rezoning of the subject
property from AG (Agriculture) to CS (Commercial Shopping) upon annexation. Typically,
annexed land is assigned an AG (Agriculture) zoning designation or a comparable zoning if it is
zoned with another county zoning designation.
However, if the property is already zoned AG, an applicant can request another zoning
classification if the property in question conforms to the GrOwasso 2030 Land Use Master Plan.
The proposed zoning for the subject property corresponds to the Land Use Master Plan, which
calls for Commercial uses at this location. Therefore, staff can support applying a zoning of CS
to the property upon annexation.
Sanitary sewer service would need to be extended from the west or south to serve the property.
Water service would be provided by Washington County Rural Water District #3. Any future
development that occurs on the subject property must adhere to all subdivision, zoning, and
engineering requirements including but not limited to paved streets, landscaping, and sidewalks.
Additionally, this property lies within the US -169 Overlay District and all future development would
be required to adhere to the restrictions of the District.
PLANNING COMMISSION:
The Planning Commission considered these items at their regular scheduled meeting on
September 1], 2017. The Planning Commission voted 5 -0 to recommend approval of Annexation
case OA -17 -02 and voted 5 -0 to recommend approval of Rezoning case OZ- 17 -01.
RECOMMENDATION:
Staff recommends approval of Ordinance 1109, annexing the property and assigning a zoning
designation of CS (Commercial Shopping)
ATTACHMENTS:
Ordinance 1109
Aerial Map
Zoning Map
GrOwasso 2030 Land Use Master Plan
Legal Exhibit