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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 Doe p 2017087855 Page(s): 6 09/22/2017 11:03:50 AM Receipt p 17 -53412 n' .:::• Fee: $ 23.00 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 ® Fw a P.vk and RxWTrarc t Stop Q r Hospital PubSCPadc Gol[C.apse ttt 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. hCa Oa I° O SEi 3 /B' =I.P. r. 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 'T 69.12 Ewe IRS P ai i'e)t rwn a7 eaaneyY 1 ar aW„mf oo P. rA:onrr ,eel �s E 116th St N wl Ro e. 3 $' Q $ <� BEGINNING NV N e enl 3 � 0O0.��- Legend —«— FENCE UNE O SET 318• I.P. W /CAP � 2 1 - SET 318 I.P. N 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 I° O SEi 3 /B' =I.P. r. 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 R 14 E E 126th St N , as T': U, w N N Y_ N z 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