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HomeMy WebLinkAbout1176_OA 21-01 OZ 21-01_sw corner of E 106 St N and US Highway 169 AG to CS. UiHTyc� Tulsa County Clerk - Michael Willis Doc 0 2021032256 Page(s): 3 03/22/2021 04:21:00 PM ;. Receipt 0 21 -19152 ' •:::. Fee: $ 22.00 OkIgHOMP � ii r ur uWASSO, OKLAHOMA ORDINANCE 1176 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 21 -01 & APPROVING ZONING APPLICATION OZ 21 -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 at the southwest corner of East 1061h Street North and US- Highway 169 (US -169); 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 21 -01 and OZ 21 -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 the north half of the northwest quarter of the northeast quarter of the Norwest quarter (N /2 NW /4 NE /4 NW /4) of section sixteen (16), township twenty -one (2 1) north, range fourteen (14) east of the I.B. &M., Tulsa County, State of Oklahoma, and more particularly described as follows, to -wit: BEGINNING AT THE NORTHWEST CORNER OF SAID N12 NW 14 NE 14 NW /4, THENCE N 88 044'43" E ALONG THE NORTH LINE OF SAID N/2 NW /4 NE /4 NW /4 A DISTANCE OF 175.85 FEET; THENCE S 01015'20" E A DISTANCE OF 50.00 FEET; THENCE S 85023'12" E A DISTANCE OF 488.94 TO A POINT ON THE EAST LINE OF SAID N/2 NW /4 NE /4 NW /4; THENCE S 01 018'27" E ALONG SAID EAST LINE A DISTANCE OF 230.48 FEET TO THE SOUTHEAST CORNER OF SAID N/2 NW /4 NE /4 NW /4; THENCE S 88 °44'01" W ALONG THE SOUTH LINE OF SAID N/2 NW /4 NE /4 NW /4 A DISTANCE OF 662.13 FEET TO THE SOUTHWEST CORNER OF SAID N/2 NW /4 NE /4 NW /4; THENCE N 01 018'33" W ALONG THE WEST LINE OF SAID N/2 NW /4 NE /4 NW /4 A DISTANCE OF 330.60 TO THE POINT OF BEGINNING. Said tract of land contains 4.19 acres, more or less. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and its corporate limits and the some 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 1. Ordinance 1176 Page 1 of 3 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 Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed, PASSED AND APPROVED this 161h day of March, 2021. .' . SIR 714111N, MONNY 1. � WN NA APPRO D AS TO FORM: La 000tf Julie' bardi, City Attorney Ordinance 1176 Page 2 of 3 ' ^ I 11,1inj. ]I11I�� Ifl, Il�j��fia Yjll� l F (f 1 ��' ♦ %, d�+ yI 1fllj 11 �rv1 y,.•i 1 +A^ 111 f .4 t�, 4� 169 ] „j.. Subject Tract„ T 1 � le 6 ♦ �C a� �'" 1 J =f ilbd ,tA` t,,,, � Q�?r,•J�Oq r � • � �� s i A A. � 1 1 /_ ;` •Sep ! .m< -... .lt!r' � �t s CIA.. - ! Y _ OA 21 -01/ ?� Note: Graphic overlays may ® Subject 0 100 200 400 not precisely align with physical 1 features the ground. Traci OZ 21 -01 I 1 Feet 1 1621-14 Aerial Photo Date. e: February 2018 J O �. 1 4 Weekly Group CITY OF OWASSO /LEGALS Attn Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date March 31, 2021 Date Category Description Ad Size Total Cost 03/31/2021 Legal Notices ORDINANCE 1176 2 x76.00 CL 97.28 Affidavit of Publication Published Oklaho to the Owasso Reporter, Owasso, Tulsa County, Oklahoma, march 3L 2021 I, EtfYrlfJ! �'...•....Mr of lawful age, being duly CITY OF OWASSO, OKLAHOMA swom, am a legal representative of the Owasso Reporter of Owasso, ORDINANCE 1176 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHO- MA, ADDITIONAL LANDS AND TERRITORY, Oklahoma, a weekly newspaper of general circulation in Tulsa REFER. ENCED I ZON- ING APPLICATION OZ1OA10AND RIEPEALING AI LL RDtI. County, Oklahoma, a legal newspaper qualified to publish legal NANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the re- quest for annexation and rezoning of the property located at notices, as defined in 25 O.S. § 106 as amended, and thereafter, and the southwest corner of East 186th Street North and US. Highway 169 (US -169); and, complies with all other requirements of the laws of Oklahoma with WHEREAS, the Owosso City Cquncil has considered the mc- ammendatlon of the Owasso Planning Commission, and all statements for or against the requested annexation and reference to legal publication. That said notice, a true copy of which rezoning of the property referenced in applications OA 21.01 and OZ 21 -01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL is attached hereto, was published in the regular edition of said OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: secrlON 1. _ - - - newspaper during the period and time of publication and not in a A tract of land located in the north half of the northwest quarter of the northeast quarter of the Norwest quarter (N/2 supplement, on the DATE(S) LISTED BELOW NW 14 NE14 NW /4) of section sixteen (16), township twenty-one (21) north, range fourteen (14) east of the I.B.BM., Tulsa County, State of Oklahoma, and mare particularly described as follows, to-wit: BEGINNING AT THE NORTHWEST CORNER OF SAID NI2 NW 14 NE 14 NW 14, THENCE 88 °44'' E ALONG THE NORTH LINE OF SAID N/2 NW14 NEM NW 14A DIS- 031/1021 TANCE OF 175.85 FEET; THENCE S 01. 15'20" E A DIS- TANCE OF 50.00 FEET; THENCE S 85 °23'12' E A DIS. TANCE OF 488.94 TO A POINT ON THE EAST LINE OF SAID NT NW /4 NF /4 NW /L- TAPN.I. c me, e.mu o Newspaper reference: 0000695644 HER OF 1" W A NEM NN ....... commnS 4.19 acres, more or less. The some is hereby annexed tit, made a part of, and added to the City of Owasso, Oklahoma, and Its gorporate limits and the sarde is hereby zoned Commercial Shopping (CS). All Persons residing therein, and all property situated thereon, shall be subiect to the iurisdictlon, control, laws, and ordi. nances of the City of Owasso, Oklahoma, in all respects and Particulars. SECTION 2. Fm fter the passage and publication of this Ordi- nance, the real estate and territory described above shall be 9R,OL of.fhe City of Owasso. Oklahoma, and in Ward 1. ,arts of this ordinance are deemed uncomfitu- )r Ineffective, the remaining portion shall not shall remain in full force and effect. of this ordinance shall become effective thirty the date of final Passage as Provided by state be filed in the office of the County Clerk of Tulsa ahoma, a true and correct copy of this Ordinance map of the territory annexed. PASSED AND APPROVED this 16th day of March, 2021. 8111 Bush, Mayor ATTEST: /s' Juliann M. Stevens, City Clerk APPROVED AS TO FORM: 7s/Julie Lombardi, City Attorney rMIR Legal Representativ "e� Swom to and subscribed before me this date: - �1- 2t Notary Public My Commission expires: 0 (A - ( /' C.V (i 4 ELIZABETH HAILL;Y OONNER NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES OCT. 13, 2024 COMMISSION # 20012672 (�nos-- s PEK PwpM•R.L CNl • LComnwi!/ TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner APPROVED BY COUNCIL MAR 16 2021 SUBJECT: Ordinance 1176, Annexation (OA 21 -01) and Rezoning (OZ 21 -01) DATE: March 12, 2021 BACKGROUND: The Community Development Department received a request for the annexation and rezoning of property located at the southwest corner of East 106th Street North and US Highway 169. The subject property is composed of approximately 4.19 acres of land and is currently zoned Agriculture (AG) 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 21 -01). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Office O School Transitional City of Owasso South Agriculture AG Vacant/ Rural Residential Commercial Tulsa County East US Highway 169 ROW Highway ROW N/A ODOT West Residential Estate RE Rural Residential Commercial Tulsa Count SUBJECT PROPERTY /PROJECT DATA: Property Size 4.19 acres +/- Current Zoning AG in Tulsa Count Proposed Zoning Upon Annexation _Agriculture Commercial Shopping CS Land Use Master Plan Commercial Proposed Use Office, Commercial Within PUD? No Within Overlay District? Yes; US -169 Overly Water Provider Washington County Rural Water District #3 Applicable Paybacks (assessed at Platting) Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Payback ($610.33 per acre) Garrett-Morrow Sanitary Assessment 3,146 per acre ANALYSIS: The property is currently zoned AG in Tulsa County, and is contiguous with City limits on the northern and eastern boundaries of the property. The applicant is requesting the property be assigned the CS zoning designation upon annexation, via a concurrent rezoning request (OZ 21- 01). 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 said zoning corresponds to the Land Use Master Plan and is advertised in accordance with statutory requirements. In this case, the GrOwasso 2030 Page 2 OA 21 -01, OZ 21 -01 Land Use Master Plan identifies the subject property for future Commercial land uses. Therefore, assigning a zoning of CS to the property upon annexation is appropriate. The subject property is currently undeveloped and unplatted. The applicant intends to plat this property as three (3) separate lots. The western -most lot will remain undeveloped until such a time when it can be marketed for sale. The applicant intends to construct a mixed -use office building on the middle lot, consisting of a realty office, title office, and medical office. Finally, the applicant intends to sell the eastern -most lot to a commercial developer. These proposed future uses are consistent with the GrOwasso 2030 Land Use Master Plan, as the plan calls out the subject property for future Commercial uses. The property lies at the intersection of a major heavily traveled highway and arterial street making it well suited for future Commercial development. The subject property is part of the Glenn -Mur Special District, a special area called out for future annexation and commercial development on the GrOwasso 2030 Land Use Master Plan. According to the Plan, property in the Glenn -Mur Special District must be at least 9.2 acres in size to be annexed in to the City; this rule was introduced to prevent piecemeal annexation and development within the existing rural residential neighborhood. However, since the subject property is located at the hard corner of East 106Th Street North and US Highway 169 an exception to this minimum acreage requirement is allowed per the Land Use Master Plan. As such, this annexation request is in harmony with the vision for this special district as prescribed in the GrOwasso 2030 Land Use Master Plan. The City of Owasso will provide police, fire, ambulance and sanitary sewer services to the property upon annexation. Washington County Rural Water District #3 will provide water services to this property. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of annexation request OA 21 -01 and accompanying rezoning request OZ 21 -01, at their regular meeting on March 8, 2021. RECOMMENDATION: Staff recommends adoption of Ordinance 1176. ATTACHMENTS: Ordinance 1176 Zoning Map GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit