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HomeMy WebLinkAbout1114_OA 17-06_OZ 17-07_NW C of E 106th St N & N Garnett Rd AG to CSTulsa County Clerk - Michael Willis fi • Doc N 2017110937 Page(s): 5 11/30/2017 09:05:55 AM a a Receipt # 17 -66596 °o p° Fee: $ 21.00 kIAHOT� CITY OF OWASSO, OKLAHOMA ORDINANCE 1114 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN APPLICATION OA -17 -06 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the Property herein described as being located at the northwest corner of E 1061h St N and N Garnett Rd; 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- 17 -06. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE: A tract of land described as follows: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (S /2 SE /4 SE /4 SE /4) OF SECTION SEVEN (7), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; LESS AND EXCEPT A TRACT BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE WEST 660.08 FEET; THENCE NORTH 50 FEET; THENCE EAST 572.09 FEET; THENCE N 43 035'26" E FOR 39.60 FEET; THENCE NORTH 252.12 FEET; THENCE EAST 60 FEET; THENCE SOUTH 330.13 FEET TO THE POINT OF BEGINNING. THE SUBJECT TRACT IS APPROXIMATELY 3.8463 ACRES. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits. 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 TWO: COUNCIL WARD 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 2. SECTION THREE: REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR: SEVERABILITY 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 FIVE: DECLARING AN EFFECTIVE DATE - EMERGENCY It is necessary for the immediate preservation of the peace, health, and safety of the City of S. Owasso, Oklahoma, and the inhabitants thereof that this Ordinance become operative immediately and, therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately from and after its passage and approval on November 21, 2017. SECTION SIX: FILING OF ORDINANCE There shall 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. ATTEST: Sherry BishorCity Clerk PASSED AND APPROVED this 21st OpO- } 6FFTapAL O APPROV AS TO FORM: Julie Ifnbardi, City Attorney of November, 2017. Mayor Ordinance 1114, Page 2 of 2 1 Weekly Group CITY OF OWASSOILEGALS Atin JULIE STEVENS PO BOX 180 OWASSO, OK 74056 Owasso Reposer , Sand Springs Leader Skiatook Journal • Wagoner County American- Tribune Tulsa Business 6 Legal News OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date December 06, 2017 L Date Category Description Ad Size Total Cos 12/06/2017 Legal Notices ORDINANCE 1114 2 x 97.00 CL 124.16 Published In the Owasso Reporter, Owosso, Tulsa Coun- ty. Oklahoma, Decemer d, 2017. CITY OF OWASSO, OKLAHOMA ORDINANCE 1114 AN ORDINANCE ACCEPTING, ADDING, AND ADDITIONAL OLANDSCANDOTERRITORY' ASLREFER- ENCED IN APPLICATION OA -1746 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, Public hearings have been held regarding the reauest for annexation of the Property herein descri- bed as being located of the northwest corner of E 1061111 St N and N Garnett Rd; 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 of the Property referenced In application OA -17-06. NOW, THEREFORE, BE IT ORDAINED By THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION ONE: A tract of land described as follows: A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SR SE/4 SE 14 SE/4) OF SECTION SEV- I(SP T1 R GE FOURTEEN 14) EAT OF INDI NBA NORTH, AND MERIDIAN, TULSA COUNTY, STATE OF OKLA- HOMA, ACCORDING TO THE U.S. GOVERNMENT SUR- VEY THEREOF; LESS AND EXCEPT A TRACT BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE WEST 660.06 FEET; THENCE NORTH 50 FEET; THENCE EAST 572.09 FEET; THENCE N 43° 35' 26• E FOR 39.60 FEET; THENCE NORTH M12 FEET; THENCE EAST 60 FEET; THENCE SOUTH 330.13 FEET TO THE POINT OF BEGINNING. THESUB- JECT TRACT IS APPROXIMATELY 3.6463 ACRES. The Same Is hereby annexed to, made a part of, and add - Ilmi�s.r All Persons0 residing the reins 6d all 1properryrsit taraoh iaws,anad ordinancesuof the City ofIOWOSSO, Oklaho- ma, In all respects and Particulars. SECTION TWO: COUNCIL WARD From and after the Passage and Publication of this Ordi. nance, the real estate and territory described above shall be a Part of the City of Owosso, Oklahoma, and In City Council Ward 2. SECTION THREE: REPEALER thus ordinance are Ports Of to the exteniteof the conflict only. SECTION FOUR: SEVERABILITY If any Part or Parts of this ordinance are deemed uncon- stitutional, Invalid or Ineffective, the remaining Portion shall not be affected but shall remain In full force and af- fect. SECTION FIVE: DECLARING AN EFFECTIVE DATE It Is necessary for the Immediate Preservation of the ma candethe Inhabitantsythereof that thins Ordinance be, come OPerative immediately and, therefore, an emereen. cy Is hereby declared to exist and this Ordinance Shall be in full force and effect Immediately from and after Its Passage and apprOval an November 21, 2017. SECTION SIX: FILING OF ORDINANCE There shall 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 21st day of November, 2017. /s/ Lyndell Dunn, Mayor ATTEST: /s/ Sherry BIshOP, City Clerk AJueVbadi,CLV Julie City 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 2S, Oklahoma Statutes 1971 and 1.982 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 DATES) LISTED BELOW 12/06/2017 Newspaper reference: 0000433158 f Le al Representative Sworn to and subscribed before me this date: otary Pubic My Commission expires: /'� -?9r -/f% !r7 NOTARY PUBLIC-STATE OF OKLAHOMA C NANCY CAROL MOORE COMMISSION 11106011684 TULSA COUNTY sd The City Wit out Limits. TO: FROM: SUBJECT: 0L\1:i BACKGROUND: Honorable Mayor and City Council City of Owasso Bronce L. Stephenson, MPA Director of Community Development AIJPROVED By COUNCIL Nov 21 2017 Ordinance 1 1 14 - Annexation (OA 17 -06) & Rezoning (OZ 17 -07) NW Corner of E 106th St N & N Garnett Rd November 17, 2017 The Community Development Department received a request for the annexation and rezoning of a property located on the northwest corner of E 106th St N and N Garnett Rd. The property is approximately 3.85 acres in size and is unplatted. The property is currently zoned AG (Agriculture), and the applicant is requesting CS (Commercial Shopping) zoning be applied to the property upon annexation. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Residential Commercial Tulsa County South OPUD 06 -04/ CG (Commercial General) Undeveloped Commercial City of Owasso East CS (Commercial Shopping) Undeveloped Commercial City of Owasso West AG (Agriculture) Residential Commercial Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 3.84 acres Current Jurisdiction Tulsa County Current Zoning AG (Agriculture) Proposed Zoning CS (Commercial Shopping) Land Use Plan Commercial Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm siren fee - $35.00 per acre Meadowcrest Sewer Relief Area - $867.00 per acre Ranch Creek Sewer Service Assessment Area - $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 concurrent rezoning of the subject property from AG (Agriculture) to CS (Commercial Shopping) upon annexation. Typically, annexed land is assigned an AG (Agriculture) zoning designation. However, an applicant can request rezoning of the property, if the requested zoning conforms to the GrOwasso 2030 Land Use Master Plan and proper legal notice is provided. The proposed zoning of CS (Commercial Shopping) for the subject property conforms to the GrOwasso 2030 Land Use Master Plan, which calls for future Commercial uses at this location. In addition, the property is surrounded on all sides by property that is also identified for future commercial uses on the Land Use Master Plan. This arterial intersection is expected to see a great deal of commercial development in the future. Therefore, staff supports applying a zoning of CS (Commercial Shopping) to the property upon annexation. The City of Owasso will provide sanitary sewer, Fire, Police, EMS, and water service to the property upon annexation. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. ANNEXATION COMMITTEE: The Owasso Annexation Committee met on October 25, 2017, and voted unanimously to recommend approval of the annexation request for the subject property (OA 17 -06). PLANNING COMMISSION: The Planning Commission reviewed this item at their meeting on November 13, 2017, voting 5 -0 to recommend approval. RECOMMENDATION: Staff recommends approval of Ordinance 1 1 14. Additionally, staff recommends the Council vote to declare an emergency, making the Ordinance effective immediately. ATTACHMENTS: Ordinance 1114 Aerial Map Zoning Map 2030 GrOwasso Land Use Master Plan a " IN ME y n �I } t FF Subject Tract a <. • -t" i I •t� ` >�a tom' ~� {' <�' • I v - r Note: Graphic overlays may 0 100 200 400 not precisely align with physical ®Subject OA 17 -06 0721-14 features Date: : Februa y Tract I I I I I Aerial Photo Date: Fehmary 2076 Feet I ZONING MAP SUBJECT PROPERTY Land Use Plan OA 17 -06 & OZ 17 -07 LEGEND Land Use Categories 'Rf f•I t -# * R o ] Subject Property " I i r � i I ,i I i • w - -1111� 1 _ Convnercml M 100yr Floodplain - IndustriallRegional Employment Planted TraiVOnStreal Bikeroutel Complete Street Neighborhood Mixed Use (tight Office, Commercial Shopping, Attached Housing, basting trail SF Housing, Apartments above retail) j Fire Station Existing Public School �Iic o Future Public School Residential (Single family detached housing) * Civilian Ansmp 'i Treneitional (Attached housing, duplexes, offices) ® Future Pads and Rider -rawil Stop ® US-169 Overlay District © Hospital ® rvw •GlenMAddition Special Distal Public Park ® -Downtown Development s Goff Course District ttt Cemetery C L a V II E 106th St N i CC HAS j��i` �� all j! �I