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Home My WebLink About1146_OA 18-07 145th East Ave and Hwy 20Doc # 2019- 001651 �oce(4 02/11/2019 12:51:49 Pit Total Pg(s): 3 � �-r' °4�� Fee: $ 17.00 �°' 67'�` "fin Ir Rogers C ntidlage, Rogers County Clerk �, -R Rogers County -State of Oklahoma ^o ��- . kC� CITY OF OWASSO, OKLAHOMA ORDINANCE 1146 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 18 -07 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for annexation of the property located near the northeast corner of North 145th East Avenue and Highway 20; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested annexation of the property referenced in application OA 18 -07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land located near the northeast corner of North 145 East Avenue and Highway 20 (East 1 161h Street North), being more particularly described as follows: THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW /4 SW /4 SW /4) OF SECTION THREE (3), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT THE SOUTH 350.00' OF THE WEST 250.00' THEREOF. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits under CS (Commercial Shopping) zoning, reflecting the current County zoning. 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 Ward 1. 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 April 3, 2019. Page 1 of 3 Ordinance 1146 SECTION 6. There shall be filed in the office of the County Clerk of Rogers County, Oklahoma, a true and correct copy of this ordinance and correct map of the territory annexed. PASSED this 151h da f J uary, Chris Iley, ayor APPR ED AS TO FORM: Julie rmbardi, City Attorney Page 2 of 3 Ordinance 1146 Page 3 of 3 Ordinance 1146 WELrof.pl ekl CITY OF OWASSO /LEGALS Alin Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter' Sand Springs Leader Sklalook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date January 23, 2019 Date Category Description Ad Size Total Cost 01;2312019 Legal Notices ORDINANCE 1146 2 x 77.00 CL 98.56 540711 Published In the Owasso Reporter, Owasso, Tulsa Coun. ty, Oklahoma, January 23, 2019. CITY OF OWASSO, OKLAHOMA ORDINANCE 1146 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFER- ENCED IN APPLICATION OA 13 -07 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the regaest far annexation of the Property located near the northeast corner of North 145th East Avenue and Highway 20; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commis- sion and all statements for or against the requested an- nexation of the property referenced In application OA 16 07. NOW, THEREFORE, BE IT ORDAINED BY THE COUN. CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO ned near the northeast corner of nue and Highway 20 (East 116th more Particularly described as fol- THE SOUTHWEST QUARTER OF THE SOUTH- WEST QUARTER OF THE SOUTHWEST QUARTER (SW /4 SW 14 SW /4) OF SECTION THREE (3), TOWN- SHIP TWENTY -ONE (21) NORTH, RANGE FOUR- TEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, ROGERS COUNTY, STATE OF OKLA. HOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS AND EXCEPT THE SOUTH 350.00' OF THE WEST 250.00' THEREOF. is same Is hereby annexed to, made a part of, and ad . or parts of ordinances, In conflict with are hereby repealed to the extent of the of of this ordinance shall become effective the office of the County Clerk of ma, a true and correct copy of x:t map of the territory annexed. PASSED by the City Council of the City of Owasso, Okla- homa on the 15th day of January, 2019. /s/ Chris Kelley, Mayor ATTEST: /s/ Juliann M. Stevens, City Clerk APPROVED as to form and legality this 15th day of Jan. vary, 2019 is/ Julle Lombardi, City Attorney Affidavit of Publication Melissa Marshall of lawful age, being duly sworn, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. 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 01/23/2019 Newspaper reference: 0000540711 Legal Representative Sworn to and subscribed before me this date: JAN 2 3 2019 Notary Public My Commission expires: DEC 0 8 2022 (TSEALh - NANCY CAROL MOORE Notary Public State of Oklahoma Commission-* 06011684 Expires 12108/22 sd RFAL p•eple•REAL Cnancdr•pEAL Cammunlry — TO: Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner SUBJECT: Ordinance 1 146 Annexation (OA 18 -07) DATE: January 11, 2019 BACKGROUND: The Community Development Department received a request for annexation of property located near the northeast corner of HWY 20 (East 116th Street North) and North 145th East Avenue. The subject property is part of the larger tract of land that encompasses the northeast corner of that intersection. At this time, the owner of the property intends to keep the hard corner of the intersection under Rogers County jurisdiction while annexing the remainder of the property into Owasso city limits. The subject property proposed to be annexed is approximately 7.05 acres in size and is currently zoned C -4 (Commercial Central Service District) in Rogers County. Upon annexation, the applicant is requesting that the property be brought into Owasso city limits as CS (Commercial Shopping). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North AG (Agriculture) Residential Transitional Rogers County South C -2 (Commercial Community Commercial Commercial Rogers County Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Elm Creek Extended Sanitary Sewer Relief Area ($1,580.00 per acre) Shopping) East C -4 (Commercial Central Commercial Commercial Rogers County Service District) OPUD 09 -01 /RM (Residential West Multi - Family) Undeveloped Commercial City of Owasso & CG (Commercial General) SUBJECT PROPERTY /PROJECT DATA: Property Size 7.05 acres +/- Current Zoning C -4 (Commercial Central Service District) Proposed Zoning Upon Annexation CS (Commercial Shopping) Land Use Master Plan Commercial Within PUD? No Within Overlay District. No Water Provider Washington County Rural Water District #3 Applicable Paybacks Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Elm Creek Extended Sanitary Sewer Relief Area ($1,580.00 per acre) ANALYSIS: The property is currently zoned C -4 (Commercial Central Service District) in Rogers County, and is contiguous with city limits on the western property boundary. The applicant is requesting that the property be assigned a corresponding zoning of CS (Commercial Shopping) upon annexation. Typically, property is annexed either under AG (Agriculture) zoning or as the County's corresponding zoning designation under the Owasso Zoning Code. Allowing the property to retain its current commercial zoning in the County by assigning it a commercial zoning upon annexation into city limits would be allowed. Also, the GrOwasso 2030 Land Use Master Plan identifies the subject property for commercial land uses. Therefore, assigning a zoning of CS (Commercial Shopping) to the property upon annexation would be appropriate. The subject property is undeveloped, but a fireworks stand is currently operating on the property at the hard corner of the intersection of HWY 20 (East 116th Street North) and North 145th East Avenue. According to the City's Code of Ordinances, fireworks stands are not allowed to operate within Owasso city limits. The owner of the property would like to retain the hard corner under Rogers County jurisdiction to allow the stand to continue to operate until such time the owner is prepared to develop the entirety of the property. At that time, the owner would annex the remainder of the property at the hard corner into city limits. The owner has agreed to submit a letter of intent to do so to the Community Development Department. Also, the owner has created two separate deeds on the property: one for the hard corner to remain under Rogers County jurisdiction for now and one for the property proposed to be annexed into Owasso city limits at this time. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the property upon annexation. Water service would be provided to the property by Washington County Rural Water District #3. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. RECOMMENDATION: The Planning Commission voted 5 -0 to recommend approval at their meeting on January 7, 2019. RECOMMENDATION: Staff recommends adoption of Ordinance 1146, annexing the subject property identified in OA 18 -07 into Owasso city limits with an assigned zoning of CS (Commercial Shopping). ATTACHMENTS: Ordinance 1146 Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit