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HomeMy WebLinkAbout1179_OA 21-03 OZ 21-04_11121 N 129 E Ave AG to RS-3�pHro� Tulsa County Clerk - Michael Willis Doc 0 2021073251 Page(s): 3 06/23/2021 12:46:20 PM •i;• Receipt N 21 -43960 Fee: $ 22.00 �kIAHOMP CITY OF OWASSO, OKLAHOMA ORDINANCE 1179 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 21 -03 AND APPROVING ZONING APPLICATION OZ 21 -04 WHEREAS, public hearings have been held regarding the request for annexation and rezoning of the property located at 1 1 121 North 1291h 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 21 -03 and OZ 21 -04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described at 1 1 121 North 1291h East Avenue, as situated in the Southwest Quarter of the Northwest Quarter (SW 14 NW /4) of Section Nine (9), 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, being more particularly described as follows: COMMENCING from an Oklahoma Highway Department Brass Monument at the Southwest corner of the Northwest Quarter (NW /4); Thence N 88 044'39" E and along the South line of said NW /4 a distance of 50.00 feet to the Point of Beginning; Thence N 1 °10'39" W and parallel with the West line of the Northwest Quarter (NW /4) a distance of 435.65 feet; Thence N 88 °44'39" E and parallel with the South line of said Southwest Quarter of the Northwest Quarter (SW /4 NW /4) a distance of 1000.00 feet; Thence S 1 °10'39" E and parallel with the West line of the Northwest Quarter (NW /4) a distance of 435.65 feet to a point on the South line of the Northwest Quarter (NW /4); Thence S 88 044'39" W and along said South line a distance of 1000.00 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A tract that is part of the Northwest Quarter (NW /4) of Section Nine (9), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, Oklahoma, more particularly described as follows: BEGINNING at a point on the South line of said NW /4, 1045.00 feet East of the Southwest corner thereof; Thence N 1 °10'39" W a distance of 435.65 feet; Thence N 88 044'39" E a distance of 5.00 feet; Thence S 1 010'39" E a distance of 435.65 feet to a point on said South line of NW /4; Thence S 88 044'39" W along said South line a distance of 5.00 feet to the POINT OF BEGINNING. Said tract of land contains 9.95 acres, more or less. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, Ordinance 1179 Page 1 of 3 3 and its corporate limits and the same is hereby zoned Residential Single - Family High Density (RS- 3). 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 thirty (30) days from the date of final passage as provided by state low. 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 this 15th day of June, 2021. bill Bush, Mayor Clerk iTOFF(C7AFL c-rr v E'A L) n.., 1 ?"VED AS TO FORM: Lombardi, City Attorney Ordinance 1179 Page 2 of 3 Surrounding Zoning OA 21 -03/ OZ 21 -04 —1 CS Ordinance 1179 Page 3 of 3 PUD 02 -02 PUD 02-02PUD 02 -02 I a. m ay O K Q K u S I C `r o m Lo I - y n ■ Weekly Group CITY OF OWASSO /LEGALS Alto Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Sklatook Journal Wagoner County American- Tribune OKLAHOMA WEEKLY GROUP R,O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date June 23, 2021 Dale Category Description Ad Size Total Cost 06/23/2021 Legal Notices ORDINANCE 1179 2 x 86.00 CL 110.08 709M Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, June 23, 2021 CITY OF OWASSO, OKLAHOMA ORDINANCE 1179 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICA- TION OA 21 -03 AND APPROVING ZONING APPLICATION OZ 21 -04 WHEREAS, public hearings have been held regarding the no. auesf for annexation and rezoning of the Property located at 11121 North 129th East Avenue; and, WHEREAS, the Owosso City Council has considered the rec- ammendatlon of the Owasso Planning Commission, and all statements for or against the requested annexation and retuning of the property referenced in applications OA 2140 and OZ 21 -04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION T. A Iract of land described at 11121 North 12911, East Avenue, as situated In the Southwest Quarter of the Northwest Quar- ter (SW /4 NW /4) of Section Nine (9), Township Twenty -om (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, being more particularly de,' scribed as follows: COMMENCING from an Oklahoma Highway Department Brass Monument at the Southwest comer of the Northwest Quarter (NW /4); Thence N 80 -U'39" E and along the South line of said NW /4 o distance of 50.00 feet to the Point of Begin- ning; Thence N 1 °1099" W and parallel with the West Ifne of the Northwest Quarter (NW 14) a distance of 435.65 feet; Thence N 88 °44'39" E and parallel with the South line at said Southwest Quarter of the Northwest Quarter (SW 14 NW /41 a tllstance of 1000.00 feet: Thence 5 1 °10'39' E and parallel with the West line of the Northwest Quarter (NW 14) o distance of 435.65 feet to a point on the South line of the Northwest Quar- ter (NW /q; Thence S 88 °44.39" W and along said South line o. distance of 1000.00 feet to the POINT OF BEGINNING. LESS AND EXCEPT: A Iraci that is part of the Northwest Quarter (NW /4) of Sec. tion Nine (9), Township Twenty -one (21) North, Range Four- teen (14) East of the Indian Bose and Meridian, Tulsa Coun. ty, Oklahoma, more particularly described as follows: BEGINNING at a point on the South line of said NW/d 1045.00 feet East of the Southwest corner thereof; Thence N 1 °1099' W o distance of 435.65 feet; Thence N 88 °44'39` E o distance of 5.00 feet; Thence S 1 °10'39" E a distance of 435.65 feet to a paint on said South line of NW /4; Thence S 88°44139' W along said South line a distance of 5.00 feet to the POINT OF BE- GINNING. Said tract of land contains 9.95 acres, more or less. The some is hereby annexed to, made a part at and added to the City of Owasso, Oklahoma, and its corporpte limits and the some Is hereby zoned Residential Single - Family High Density (RS -3). All persons residing therein, and all Property situated thereon, shall be subject to the iurisdiction, central, 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 Ordi- nance, 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 or. dinance are hereby repealed to the extent of the conflict only. ordinance are deemed unconstitu. e, the remaining Portion shall not I In full farce and effect. sions of this ordinance shall become effective thirty from the dote of final Passage as Provided by State filed in the office of the County Clerk of Tulsa Mme, a true and correct copy of this Ordinance day of June, 2021. ATTEST: /s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: /s/ Julie. Lombardi, City Attorney Affidavit of Publication I, _ - 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 06/23/2021 Newspaper reference: 0000709277 Legal Representative Sworn to and subscribed before me this date: JUN 2 3 200/221/ r 1 - -L Notary Public My Commission expires: 10 ' q' ,2, L/ f M.MARSHALL NOTARY PUBLIC -STATE OFOKLAHOMA f) MY COMMISSION EXPIRES OCT. 14,2024 COMMISSION # 20012760 APPROVED BY COUNCIL Sd JUN 15 2021 TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner SUBJECT: Ordinance 1179, Annexation (OA 21 -03) and Rezoning (OZ 21 -04) - Bible Church of Owasso DATE: June 11, 2021 BACKGROUND: The Community Development Department received a request for the annexation and rezoning of property located at 11121 North 129th East Avenue. The subject property is composed of approximately 9.95 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 Residential Single - Family High Density (RS -3) via an accompanying rezoning request (OZ 21 -04). SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Residential Single-Family High Density RS -3 Residential Single - Residential Proposed Use Religious Institution North Family High Density Residential Residential City of Owasso Washin ton Count Rural Water District #3 RS -3 Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Payback ($610.33 per acre) Garrett - Morrow Sanitary Assessment $3,146 per acre South Agriculture (AG) Agriculture Transitional Tulsa County Residential Single - East Family High Density Residential Residential City of Owasso RS -3 West Agriculture (AG) Rural Residential Residential Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 9.95 acres +/- Current Zoning Agriculture AG in Tulsa Count Proposed Zoning Upon Annexation Residential Single-Family High Density RS -3 Land Use Master Plan Residential Proposed Use Religious Institution Within PUD? No Within Overlay District? Yes; US -169 Overlay Water Provider Washin ton Count 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 RS -3 zoning designation upon annexation, via a concurrent rezoning request (OZ OA 21 -03, OZ 21 -04 Page 2 21 -04). Typically, property is annexed either under AG zoning or as the County's corresponding zoning designation as per the Owasso Zoning Code. However, an applicant may request an alternate zoning if said zoning corresponds to the Land Use Master Plan and is advertised in accordance with statutory requirements. In this case, the GrOwasso 2030 Land Use Master Plan identifies the subject property for future Residential land uses. Therefore, assigning a zoning of RS -3 to the property upon annexation is appropriate. The subject property is currently undeveloped and unplatted. The applicant intends to construct a religious institution on the property, which will require the applicant to secure a Specific Use Permit (SUP), as religious institutions are not allowed by -right in an RS -3 zoning district. The applicant is aware of this requirement, and has indicated they intend to submit a request for an SUP in the coming months. This annexation and rezoning process is just the first step in the overall development process. The GrOwasso 2030 Land Use Master Plan identifies the subject property for future residential uses, so the requested zoning of RS -3 is appropriate. Further, while religious institutions are not usually allowed in areas identified for future residential uses, this proposed use may be deemed appropriate for this location if the correct controls are utilized with an SUP. Because the applicant does intend to secure an SUP on this property, Staff has determined that the proposed use of a religious institution should indeed be compatible with surrounding existing and future land uses. 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 4 -0 to recommend approval of annexation request OA 21 -03 and accompanying rezoning request OZ 21 -04 at their regular meeting on June 7, 2021. RECOMMENDATION: Staff recommends adoption of Ordinance 1179. ATTACHMENTS: Ordinance 1179 GrOwasso 2030 Land Use Master Plan Map Annexation Exhibit