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HomeMy WebLinkAbout1147_OA 19-01_OZ 19-01_E 76th St N & N 154th E Ave RS-20 to RS-3Doc 0 2019 - 003656 �,, -n i;FRSrt, 03/26/2019 11:58:42 AM Total Pg(s) 3 �/ \t ' Fee: $ 17.00 f�� Jeanne M. Heidlage, Rogers County Clerk \ w Rogers County - Skate of Oklahoma x'14 CITY OF OWASSO, urkLAHVMA ORDINANCE 1147 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 19 -01 AND APPROVING ZONING APPLICATION OZ 19 -01 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 located south of the intersection of East 76th Street North and North 154th East'Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested annexation and rezoning of the property referenced in applications OA 19 -01 and OZ 19 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1: A tract of land being more particularly described as follows: W/2 NW /4 NE /4 Section 34, Township 21 North, Range 14 East, Rogers County Oklahoma; 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 rezoned from RS -20 (Residential Single - Family Medium) to RS -3 (Residential Single - Family High Density) 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 5. 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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. Ordinance 1147 Page 1 of 3 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 AND APPROAD this 19th clay of March, 2019. �;� "of p L/ V �hri�Kelley, Mayor k, 0 FICIAL M. Stevens, ity CI, rk SE L c � S (SEAL) APPROVED AS TO FORM: Jul' Lombardi, City Attorney Ordinance 1147 Page 2 of 3 Aerial Photo OA 19-01 & OZ 19-01 VIA jr r ; '35 E 76th St N WE; m (D L: Yt M SUBJECT PROPERTY 7 710" Tl� V f SECTION 1_ A tract of land being more particularly described as fol. lows: W/2 NW /4 NE14 Section 34, Township 21 North, Range 14 East, Rogers County Oklahoma; 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 same is hereby rezoned from RS -20 (Resi. dential Single - Family Medium) to RS -3 (Residential Single - Famlly High Density) District. All persons resid- Ing therein, and all Property situated thereon, shall be sublect to the Iurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and Par. ticulars. SECTION 2. From and after the Passage and Publicatlon of this Ordi- nance, the real estate and territory described above shall be a Part of the City of Owasso, Oklahoma, and in City Council Ward 5. HMOs All ordinances ar ports 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 uncon. stnutlonal, Invalid or Ineffective, the remaining Portion shall not be affected but shall remain in full farce and af- fect. SECTION S. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provid. ed by state law. SECTION 6. There shall be tlletl 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 AND APPROVED this 19th day of March, 2019. /s/ Chris Kelley, Mayor ATTEST: /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Is/Julie Lombardi, City Attorney Newspaper reference: 0000568340 Legal Representative Sworn to and subscribed before me this date: MAY 2 3 2019 Notary Public My Commission expires: DEC03 20222022 1 NANCY CAROL MOORE i ' 01PSEAL Notary Public State of Oklahoma 7 Commission 006011664 Expires 12106/22 ' _________________ Owasso Reporter • Sand Springs Leader Oklahoma Skiatook Journal Wagoner County American- Tribune OKLAHOMA WEEKLY GROUP Account Number P.O. BOX 1770 TULSA, OK 74102 -1770 1015023 CITY OF OWASSO /LEGALS Date Attn Julie Stevens PO BOX 160 May 22, 2019 OWASSO, OK 74055 Date Category Description Ad Size Total Cost 05122/2019 Legal Notices ORDINANCE 1147 2 x 77.00 CL 96.56 Affidavit of Publication 568340 I, Melissa Marshall , of lawful age, being duly Published in the Owasso Reporter, Owasso, Tulsa Coun- sworn, am a legal representative of the Owasso Reporter of Owasso, ty, Oklahoma, May 22, 2019. CITY OF OWASSO, OKLAHOMA Oklahoma, a weekly newspaper Of general circulation in Tulsa ORDINANCE 1147 County, Oklahoma, a legal newspaper qualified to publish legal AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHO- notices, as defined in 25 O.S. § 106 as amended, and thereafter, and MA, ADDITIONAL LANDS AND TERRITORY, REF- ERENCED IN APPLICATION OA 19 -01 AND AP- complies with all Other requirements Of the laws of Oklahoma with PROVING ZONING APPLICATION OZ 19 -01 AND ALL R DINA O REPEALING ORDINANCES OR PARTS OF ORDINANCES ALL CONFLICT reference to legal publication. That said notice, a true f l g l p b i copy of which WHEREAS, public hearings have been held regarding is attached hereto, was published in the regular edition of said the request for annexation and rezoning of the property located south of the Intersection of East 76th Street newspaper during the period and time of publication and not in a North and North 154th East Avenue; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commis. supplement, on the DATE(S) LISTED BELOW sion and all Statements for or against the requested on. nexanon and rezoning of the property referenced In Pa. pllcations OA 19 -01 and OZ 19 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO 05/22/2019 WIT: SECTION 1_ A tract of land being more particularly described as fol. lows: W/2 NW /4 NE14 Section 34, Township 21 North, Range 14 East, Rogers County Oklahoma; 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 same is hereby rezoned from RS -20 (Resi. dential Single - Family Medium) to RS -3 (Residential Single - Famlly High Density) District. All persons resid- Ing therein, and all Property situated thereon, shall be sublect to the Iurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and Par. ticulars. SECTION 2. From and after the Passage and Publicatlon of this Ordi- nance, the real estate and territory described above shall be a Part of the City of Owasso, Oklahoma, and in City Council Ward 5. HMOs All ordinances ar ports 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 uncon. stnutlonal, Invalid or Ineffective, the remaining Portion shall not be affected but shall remain in full farce and af- fect. SECTION S. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provid. ed by state law. SECTION 6. There shall be tlletl 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 AND APPROVED this 19th day of March, 2019. /s/ Chris Kelley, Mayor ATTEST: /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: Is/Julie Lombardi, City Attorney Newspaper reference: 0000568340 Legal Representative Sworn to and subscribed before me this date: MAY 2 3 2019 Notary Public My Commission expires: DEC03 20222022 1 NANCY CAROL MOORE i ' 01PSEAL Notary Public State of Oklahoma 7 Commission 006011664 Expires 12106/22 ' _________________ sd REAL People • REAL Chenebr • REAL Communiry TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton Assistant City Planner APPROVED BY COUNCIL SUBJECT: Ordinance 1147, Annexation (OA 19 -01) & Rezoning (OZ 19 -01) DATE: March 15, 2019 BACKGROUND: MAR 19 2019 The City of Owasso received a request for the annexation and rezoning of a property located south of the intersection of East 76th Street North and North 154th East Avenue. The property is approximately 20 acres in size, currently undeveloped, and adjacent to Owasso City limits to the north along the East 761h Street North right -of -way. The subject property is currently zoned RS -20 (Residential Single - Family Medium) under a Planned Unit Development (PUD) in Rogers County. The applicant is requesting that the Owasso zoning category of RS -3 (Residential Single - Family High Density) be applied to the property upon annexation. If this annexation and rezoning request is approved, the PUD that was authorized in Rogers County would become null and void. SURROUNDING ZONING: Direction Zoning Use Land Use. Plan Jurisdiction North RS -40 (Residential Single- Family Low Medium Density) Residential Residential Rogers County South AG (Agriculture) Undeveloped Residential Rogers County East AG (Agriculture) Residential Residential Rogers County West AG (Agriculture) Residential Residential Rogers County SUBJECT PROPERTY /PROJECT DATA: Property Size 20 acres +/- Current Jurisdiction Rogers County Current Zoning PUD /RS -20 Proposed Zoning Residential Subdivision Land Use Master Plan Residential Within PUD? Yes; Rogers County PUD Within Overlay District? No Water Provider Rogers County Rural Water District #3 Applicable Paybacks /Fees E 76th St N Interceptor Payback Area - $1,341.00 per acre Storm Siren Fee - $50.00 per acre ANALYSIS: The property is currently zoned under a PUD in Rogers County with an underlying zoning of RS -20, and the applicant is requesting annexation into Owasso's corporate limits. The applicant is also requesting that upon annexation, the property be rezoned from PUD /RS -20 to RS -3. Typically, property that is annexed into Owasso City limits is assigned an AG (Agriculture) zoning designation. However, an applicant can request a 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 RS -3 for the subject property conforms to the Land Use Master Plan, which calls for Residential land uses at this location. The property is currently predominantly surrounded by property that is either existing residential land uses or undeveloped tracts. Also, a majority of the nearby properties in the area are identified for future residential land uses in the Master Plan. A residential development on the subject property would be in harmony with the existing and anticipated land uses in the area. Therefore, staff is in support of applying a zoning of RS -3 to the subject property upon annexation. The PUD that was approved in Rogers County for the subject property would become null and void if this annexation and rezoning request is approved. The City of Owasso would provide sanitary sewer, Fire, Police, and EMS services to the subject property at such time as it is developed. Rogers County Rural Water District #3 would provide water service. Any future development on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. Staff has prepared Ordinance 1147 to approve OA 19 -01 annexing the subject property into the corporate limits of the City of Owasso and OZ 19 -01 assigning the subject property with a zoning of RS -3. PLANNING COMMISSION: The Owasso Planning Commission voted 4 -0 to recommend approval of OA 19 -01 and OZ 19 -01 at their meeting on March 11, 2019. RECOMMENDATION: Staff recommends approval of Ordinance 1 147. ATTACHMENTS: Ordinance 1147 GrOwasso 2030 Land Use Master Plan Map