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HomeMy WebLinkAbout1167_OA 20-02_OZ 20-02_NE Corner of E 76th St N & N 129th E Ave RE to CSTulsa County Clerk - Michael Willis Doe p 2020058689 Page(s): 3 3::• � 06/25!2020 04:10:40 PM Receipt # 20 -37068 �kCAHOMP Fee: $ 22.00 CI r Or QWASSO, OKLAHOMA ORDINANCE 1167 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 20 -02 AND APPROVING ZONING APPLICATION OZ 20 -02 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 described as 12901 & 12925 East 76th Street North; 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 20 -02 & OZ 20 -02. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as 12901 & 12925 East 76th Street North, said tracts being more particularly described as follows: Lots Seven (7) and Eight (8), Block Four (4), GRACELAND ACRES, a subdivision in Tulsa County, Oklahoma, according to the recorded Plat thereof, LESS AND EXCEPT a portion of Lot Eight (8), Block Four (4) more particularly described as follows, to -wit: Beginning at a point 50 feet North and 50 feet East of the Southwest corner of Section 28, Township 21 North, Range 14 East; thence East along a line parallel to the South line of said Section 28 a distance of 25 feet; thence Northwesterly to a point 50 feet East of the West line of Section 28 and 75 feet North of the South line of said Section 28; thence South along a line parallel to the West line of said Section 28 a distance of 25 feet to the Point of Beginning. 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 zoned Commercial Shopping (CS). 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 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. Ordinance 1167 Page 1 of 3 SECTION S. 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 Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED and ADOPTED by the City Council of the City of Owasso, Oklahoma on this 161h day of June,2020. � �� OW juii p VT1 m. JZe ens, Li Jerk: IUI S AL (S E A L) io ®JO1 �,4H0`�'�d��, APPRO D as to form and legality this l� day of �r-Je 2020. "11a[i Julie I mbardi, City Attorney Ordinance 1167 Page 2 of 3 p , MY ©r � v `�st• '�Ta Subject Tract "t r d � 19 Ail cv •' r J UU r r r . .Wn A A 4..�4 M1 34. 41 .i r Note; Graphic overlays may not features onith with physical ®Subject DA 20-021 i too zio 1 ^�° 282114 / \Y! ■Y /\ Aerial Photo Date: February2016 Tract OZ 20 -02 Feet e � 6 Weekly ELGroup ...1111116 CITY OF OWASSO /LEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skialook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date August 05, 2020 Date Category Description Ad Size Total Cost 08/0512020 Legal Notices ORDINANCE 1167 2 x 72.00 CL 92.16 656841 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, August 5, 2020 CITY OF OWASSO, OKLAHOMA ORDINANCE 1167 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICA- TION OA 2692 AND APPROVING ZONING APPLICATION OZ 20 -02 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 descri. bed as 12901 812925 East 761h Street North; 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 28-02 & OZ 20 -02 NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT To I as 129x1 8 12925 East 76th Street more portlwlarly described as fol. Affidavit of Publication 1, 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 Lots Seven (A and Eight (9), Black Four (4), GRACELAND ACRES, a subdivision in Tulsa County, Oklahoma, according . to the recorded Plat thereof, LESS AND EXCEPT a Portion of Lot Eight (8). Black Four (4) mare particularly described as follows, to -wit: 08 /05/2020 Beginning at a Paint 50 feet North and 50 feet East of the Cl' rL'tC l' NC1v5 B CR CC: 0000656841 Southwest corner of Section 26, Township 21 North, Range 14 p P U Po11 7a leer Iasi of me Wes! Ilse or 5eClian 2e ono 75 teat North of the South line of said Section 28; thence South along a line parallel to the West line of said Section 28 a distance of 25 feet to the Point of Beginning. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and Its corporate limits and Legal Representative the some Is hereby zoned Commercial Shopping (CS). All persons residing therein, and all property situated thereon, shall be sublect to the lurisdiction, control, laws, and or& nances of the City of Owasso, Oklahoma, in all respects and after the passage and publication of this Ordl- real estate and territory described above shall be e City of Owasso, Oklahoma, and in Ward 5. c e, at parts of ordinances, In conflict with this or- hereby repeated to the extent of the conflict only. or parts of this ordinance are deemed uncanstitu- lid or Ineffective, the remaining Portion shall not but shall remain In full farce and effect. ons of this ordinance shall became effective thirty ,am the date of final passage as Provided by state filed In the Office of County Clerk of Tulsa •nay of this Ordinance d. Council of the City of on this 16th day of June. 2020. n M. Stevens. City Clerk Swom to and subscribed before me this date: AUG 0 5 ZUZD . ^� Notary Public My Commission expires: 4-7-c4 r . ---- -- ----- --------------- - - -'- TA l re ,,, % VALER(c L. PkAYTOR 1 1 Sal. 1 I W Nolary Public P ' ,gay,./ StP,e or Oklahoma i ;_Commission 42CIa_.__;;2 'cxp_04 /07/24; sd REAL P • REALM Coimnunlly TO: The Honorable Mayor and City Council FROM: Karl Fritschen AICP, RLA Planning Manager APPROVED BY COUNCIL JUN 16 2020 SUBJECT: Ordinance] 167, Annexation (OA 20-02) and Rezoning (OZ 20 -02) - Northeast Corner of East 761h Street North and North 129th East Avenue DATE: June 12, 2020 BACKGROUND: The Community Development Department received a request for annexation of property (OA 20 -02) located at the intersection of East 76th Street North and North 129th East Avenue. The subject property is composed of approximately 4 acres of land and is currently zoned Residential Single Family Estate (RE) in Tulsa County. Upon annexation, the applicant is requesting the property be brought into Owasso City Limits as Commercial Shopping (CS) via an accompanying rezoning request (OZ 20 -02). SURROUNDING LAND USE: Direction Zoning Use Land Use Jurisdiction CS Land Use Master Plan Commercial Plan No North Residential Single Family Residential Residential City of Owasso Storm Siren Fee ($50.00 per acre); Elm creek Sanitary Sewer Payback ($1,580.00 per acre (RS -3) South CS, PUD 07 -01 Commercial Commercial City of Owasso East RE Residential Commercial Tulsa County West RS -3, Residential, Residential, City of Owasso CS Commercial Commercial SUBJECT PROPERTY /PROJECT DATA: Property Size 4.00 acres +/- Current Zoning RE Proposed Zoning Upon Annexation CS Land Use Master Plan Commercial Within PUD? No Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm Siren Fee ($50.00 per acre); Elm creek Sanitary Sewer Payback ($1,580.00 per acre ANALYSIS: The property is currently zoned RE in Tulsa County and is contiguous with city limits on the western boundary of the property. The applicant is requesting the property be assigned a corresponding zoning of CS upon annexation via a concurrent rezoning request (OZ 20 -02). Typically, property is annexed either under Agriculture (AG) zoning or as the County's corresponding zoning designation under the Owasso Zoning Code. However, an applicant may request an alternate zoning be applied if it corresponds to the Land Use Master Plan. In this case, the GrOwasso 2030 Land Use Master Plan identifies the subject property for commercial land uses. Therefore, assigning a zoning of CS to the property upon annexation is appropriate. The subject property is currently used for residential purposes, as two homes presently occupy each of the two lots. The applicant intends to develop the property for commercial purposes. Further, the proposed commercial uses will complement the existing commercial uses to the south and west of the subject property. It should be noted, that the applicant successfully obtained the necessary signatures to release the private covenant that restricted the subject lots to residential uses only. State Statute requires 60% of the lot owners must approve the release of such restrictions. The applicant was successful in this effort and filed the required paperwork with Tulsa County. The City of Owasso will provide water, sanitary sewer, Fire, Police, and EMS to the property upon annexation. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Planning Commission voted 3 -0 to recommend approval of OA 20 -02 and OZ 20 -02 at their regular meeting on June 8, 2020. RECOMMENDATION: Staff recommends adoption of Ordinance 1167, approving annexation request OA 20 -02 and rezoning OZ 20 -02. r_ ff-MI :i9YAW1E3 Ordinance 1167 Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit Covenant Release Document