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HomeMy WebLinkAbout1187_OA 21-05_OZ 21-08_12902 E 100th St N_RE to CSTulsa County Clerk - Michael Willis ,_�•' 0� Doe N 2021152357 Page(s): 3 12/30/2021 01:54:02 PM Receipt p 21 -93770 OkLgNOMP Fee: $ 22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1187 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 21 -05 & APPROVING ZONING APPLICATION OZ 21 -08 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 12902 East 100th 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 21 -05 and OZ 21 -08. 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 12902 East 100th Street North, said tract being more particularly described as follows: Lot Four (4), Block Two (2), Glenn -Mur Acres Addition, a Subdivision in Tulsa County, State of Oklahoma, according to the recorded Plat No. 2736. LESS the West 35.00 feet of said Lot Four (4). 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. 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 1187 Page 1 of 3 3 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 21stday of December, 2021. rowel i179i�g City Clerk O� E )Z ty yOMA P.ROV TO FORM: Lombardi, City Attorney Ordinance 1187 Page 2 of 3 fit; ;J ° "L � + � � � - fix.. e��q ,, ..•,..�.t.. •-w�;; ' 199W W 9A�y t� � x Subject Tract m ir . .. 169 1, I �' i o �`v. . -r1 - a �1 � i�C.i•J CJU UI ^•� -+ u��e F ✓ . • I p - - f ) i IC✓ � Z F2 i; 1 e . , t ,'v>• a ,�. , i •� .q.M, -. f -�•.� �'r1� .'"af,• Note: Graphic overlays may 0 100 200 400 N Subject OA 21 -05 1OZ 21 -08 i i 1 I 1621-14 not precisely align with physic al features on the ground. TIeCf Feet Aerial Photo Date: 2020/2021 Weekly Group CITY OF OWASSO/LEGALS AOn 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 101502 �atP December' '-9, 2021 Date Category Description Ad Size Total Cost 12/29/2021 Legal Notices ORDINANCE 1187 2 x 60.00 CL 76.80 Affidavit of Publication I Brenda Brumbaugh of lawful age, being duly swom, am legal representative of the Owasso Reporter of Owasso, 7394115 Published Decee Owasso 9, Reporter, Owosso. Tulsa caanW, Oklahoma, �a weekly newspaper of general circulation in Tulsa CITY Or OWASSO, OKLAHOMA County, Oklahoma, a legal newspaper qualified to publish legal ORDINANCE 1877 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING notices, as defined in 250.5. § 106 as amended, and thereafter, and INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS I APPROVING complies with all other requirements of the laws of Oklahoma with OA 21-0 & ZONING'APPLICATION TI NOZ 1L -00 AND REPEALING ALL ORDINANCES OP.PARTS OF ORDINANCES IN.CONFLICT .' reference to legal publication. That said notice, a true copy of which WHEREAS, public Bea�ritlngs have been held regarding the rn 12902 East Iot h Street North; sand,' & the property located at is attached hereto, was published in the regular edition of said WHEREAS, the Owasso City Council has considered the rec- ommendation of the Owasso Planning Commission, and all newspaper during the period and time of publication and not in a statements. for or as.inu.Ue requested annexation and rezoning of the Properly referenced 1. oppliwtions OA 21 -05 and oz 21 -08. supplement, on the DATE(S) LISTED BELOW 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 12902 East 100th Street North, said tract belna more particularly described as follows: Lot Four (d), Block Two (2), Glenn -Mur Acres Addition, a Subdi. 12/2912021 vision In Tulsa County, State of Oklahoma, according to the recorded Plat No. 2736. LESS the West 25.00 feet of Sold Lot Four (4)• Newspaper reference: 0000739405 The same Is hereby annexed to, made a part of, and added to Has 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 sublect to the lurlsdlctlon, control, laws, and &0 ordinances of the City of Owasso, Oklahoma, in all respects 0MjA and particulars. SECTION 2. From and after the passage and Publication of this Oral. Legal Representative nonce, the reel estate and territory described above shall be a Part of the City of Owasso, Oklahoma, and In Ward 1. 5ECTION 3. All ordinances or parts of ordinances, in caeflfct with this or- diname ore hereby repealed to the extent of the conflict only. SECTION 4. Sworn to and subscribed before me this date: If any Part or parts of this ordinance are deemed n hall Invalid or ineffective, the remaining aorfion shall not be pri be affected but shall remain in full farce and effect. DEC 29 202 SECTION S. The of this final shall became WectIve thirty days from a of tlaYS from the date of final possbge us Provided by state low. low ' I SECTION 6. There r Tulsa ma, in the office of the County Clerk NO ary PUBIC County, Oklahoma, , Oklahoma, h true antl correct cape of this Ordinance di map of and l PA correct PA55ED "" , Jlrl DADOPTterfMIS21nnexetl. AND ADOPTED this 21 s1I' of €],�cr4nher, 2021. 7s/ I Bill Bush, Mmmr M. Stevens, ATTEST: hLAS TOn ulie L cork APPROVED A5 TO FORM: Is/ Julie Lombardi, Clly Attorney - My Commission expires: M. MARSHALL Fmoy ARYPUBLIC -STATE OF <LANOM 4 OMMISSION IXPIRES OCT .14, 2024 COMAISSION # 200127_ . TO: The Honorable Mayor and City Council FROM: Alexa Beemer City Planner APPROVED BY COUNCIL DEC 21 2021 SUBJECT: Ordinance 1187: Annexation (OA 21 -05) and Rezoning (OZ 21 -08) — 12902 East 100th Street North DATE: December 17, 2021 BACKGROUND: The Community Development Department received a request for the annexation and rezoning of property located at 12902 East 100th Street North. SUBJECT PROPERTY /PROJECT DATA: Property Size 1.97 acres +/- Current Zoning Residential Estate RE in Tulsa Count Proposed Zoning Upon Annexation Commercial Shopping CS Land Use Master Plan Commercial Within PUD? No Within Overlay District? Yes; US -169 Overlay Water Provider City of Owasso Applicable Paybacks assessed at Platting) Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Payback $610.33 per acre ANALYSIS: • Per Oklahoma State Statute, Title 11, Section 11 -21 -102, any territory separated only by highway right -of -way is considered "adjacent or contiguous to the municipality." o The subject property is contiguous with Owasso City limits along the western boundary of the property, as it is separated by only Oklahoma Department of Transportation and County right -of -way along North 129th East Avenue. • The applicant is requesting the property be assigned the zoning designation of CS upon annexation, via a concurrent rezoning request (OZ 21 -08). o Typically, property is annexed with 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. o In this case, the GrOwasso 2030 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 consistent with the Land Use Plan. • The subject property is currently platted as Lot 4, Block 2 of the Glenn Mur Acres subdivision, and contains one (1) single- family residence. The subject property is part of the Glenn -Mur Special District on the GrOwasso 2030 Land Use Master Plan. OA 21 -05, OZ 21 -08 Page 2 • According to the Plan, property in the Glenn -Mur Special District must be at least 9.2 acres in size to be annexed into the City. However, since the subject property is at the far southwest corner of the District, across from the existing medical office uses adjacent to 1291h East Avenue, an exception to this minimum acreage requirement is allowed per the Land Use Master Plan. • This annexation request is in harmony with the vision for this special district as prescribed in the GrOwasso 2030 Land Use Master Plan. • The applicant intends to market this property for commercial purposes, which is also consistent with the uses identified in GrOwasso 2030 Land Use Master Plan for this location. Commercial development at this location would complement the existing commercial uses found to the west of the subject property. • The City of Owasso will provide police, fire, ambulance, water and sanitary sewer services to the property upon annexation. • Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Estate (RE) Rural Residential Commercial Tulsa County South Residential Estate (RE) Rural Residential Commercial Tulsa County East Residential Estate (RE) Rural Residential Commercial Tulsa County West Commercial Shopping CS Vacant Commercial City of Owasso PLANNING COMMISSION: The Owasso Planning Commission voted 3 -0 to recommend approval of annexation request OA 21 -05 and concurrent rezoning request OZ 21 -08 at their regular meeting on December 13, 2021. RECOMMENDATION: Staff recommends adoption of Ordinance 1187. ATTACHMENTS: Ordinance 1187 Zoning Map GrOwasso 2030 Land Use Master Plan Map Survey Exhibit