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Home My WebLink About1208_OA 23-01_OZ 23-03_2.49 Acres_11428 N 129 E Ave_CSCITY OF OWASSO, OKLAHOMA ORDINANCE 1208 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 23 -01 AND APPROVING ZONING APPLICATION OZ 23 -03 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 11428 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 23 -01 and OZ 23 -03. 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 11428 North 1291h East Avenue, said tract being more particularly described as follows: The East Four Hundred Seventy -two (472) feet of the South Two Hundred Thirty (230) feet of the North Four Hundred Sixty (460) feet of the South Nine Hundred Twenty (920) feet of the East Nine Hundred Ninety (990) feet of the Northeast Quarter of the Northeast Quarter (NE /4 NE /4) of Section (8), 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. The some 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 1208 Page I of 3 Tulsa County Clerk - MICHAEL WILLIS ,r � •` `� • °c Doc #: 2023032422 Page(s): 3 04/26/2023 10:44:51 AM •' �. :' Receipt #: 2023 -21244 °k�AXOMP Fees: $22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1208 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 23 -01 AND APPROVING ZONING APPLICATION OZ 23 -03 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 11428 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 23 -01 and OZ 23 -03. 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 11428 North 1291h East Avenue, said tract being more particularly described as follows: The East Four Hundred Seventy -two (472) feet of the South Two Hundred Thirty (230) feet of the North Four Hundred Sixty (460) feet of the South Nine Hundred Twenty (920) feet of the East Nine Hundred Ninety (990) feet of the Northeast Quarter of the Northeast Quarter (NE /4 NE /4) of Section (8), 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. The some 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 1208 Page I of 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 18th day of April, 2023. 4CIerk j 0 F C)11, ass Kelly Lewis, ayor o OFFICIALyL zAL J ann M. Stevens, Cit OKLRliOcpP , ` "r— S APPR ED AS TO FORM: r iem%a4 Gr Julie mbardi, City Attorney Ordinance 1208 Page 2 of 3 `r W L �tQ r 3 4j,: ..� ell p } SUBJECT TRACT g ti a.ryi L7 $t_ } ''• ' '^y'.. i_ J i s .. Y1 i K• lw"o'o Note: Graphic overlays may N not precisely align with physical Subject OA 23 -01 0 100 200 400 -- {{- /WW^• � features on the ground ® I I Tract I 1 1 0821 -14 Aerial Photo Date: 202012021 OZ 23 -03 Feet TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner APPROVED BY COUNCIL APR 18 2023 SUBJECT: Ordinance 1208, Annexation (OA 23 -01) & Rezoning (OZ 23 -03) - 11428 North 129th East Avenue DATE: April 14, 2023 BACKGROUND: The Community Development Department received a request for the annexation and rezoning of property located at 11428 North 1291h East Avenue. The subject property is approximately 2.49 acres in size and is currently zoned Agricultural - Residential (AG -R) within Tulsa County. Upon annexation, the applicant is requesting the property be brought into Owasso City Limits as Commercial Shopping (CS) via accompanying rezoning request (OZ 23 -03). SUBJECT PROPERTY /PROJECT DATA: Property Size 2.49 acres +/- Current Zoning Agricultural- Residential (AG -R) In Tulsa County Proposed Zoning Upon Annexation Commercial Shopping (CS) Land Use Master Plan Commercial Within PUD? No Within Overlay District? No Water Provider Washington County Rural Water District # 3 Applicable Paybacks (Assessed at Platting) Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre ANALYSIS: • The subject property is contiguous with City limits on the northern boundary of the property. • The GrOwasso 2035 Land Use Master Plan identifies the subject property for future "Commercial" uses. o As such, assigning a zoning of CS to the subject property upon annexation is consistent with the long -range vision for the property laid out in the Master Plan. • The subject property is currently unplatted; the applicant does intend to the develop the property as an ambulatory health care office for Mercy EMS, • 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 the subject property. • Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. Page 2 OA 23 -01 /OZ 23 -03 SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping Vacant Commercial City of Owasso South Agricultural - Residential Residential Transitional Tulsa County (AG -R) East Agriculture (AG) Residential Transitional Tulsa County West Agricultural - Residential Vacant Commercial Tulsa County (AG -R) PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of Annexation OA 23 -01 and subsequent rezoning request OZ 23 -03 at their regular meeting on April 10, 2023. RECOMMENDATION: In developing a recommendation, staff evaluated Oklahoma State Statue, Title 11, Chapter 1, Part 1, Article XXI, Section 21 -101 and Section 1.43 of the Owasso Zoning Code. Following this evaluation, staff concluded that the subject annexation and rezoning request meets all of the legal requirements for approval. As such, staff recommends adoption of Ordinance 1208. ATTACHMENTS: Ordinance 1208 Zoning Map GrOwasso 2035 Land Use Master Plan Map Property Exhibit Weekly JILGroup. CITY OF OWASSOILEGALS Alto 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 April 26, 2023 Dale Category Description Ad Size Total Cost 04/26/2023 Legal Notices ORD 2308 2 x 61.00 CL 98.08 803287 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, April 26, 2021 CITY OF OWASSO, OKLAHOMA ORDINANCE 1208 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICA. TION OA 2341 AND APPROVING ZONING APPLICATION OZ 23-03 AND REPEALING ALL ORDINANCES 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 11428 North 1291h East Avenue; and, WHEREAS, the Owasso City Council has considered the rec- ommendation of the Owasso Planning Commission, and all statements for or against the requested annexation and rezoning of the Property referenced in applications OA 2501 and OZ 23 -03. 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 11428 North 129th East Avenue, said tract being more Particularly described as follows: The East Four Hundred Seventy-two (472) feet of the South Two Hundred Thirty (230) feet of the North Four Hundred Sixty (460) feet of the South Nine Hundred Twenty (920) feet of the East Nine Hundred Ninety (990) feet of the Northeast Quarter of the Northeast quarter (NEJ4 NE/4) of Section (8), Township Twenty- one (21) North, Rogge Fourteen (14) East of the Indian Base and Meridian, Tulsa County, Slate of Okla. homa, according to the U.S. Government Survey thereof. The same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and Its corwrafe limits and the some is hereby zoned Commercial Shopping (CS). All persons residing therein, and all Property situated thereon, shall be subiect to the iurisdiction, 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 S. The Provisions of this ordinance shall became effective thirty (M) 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 this 18th day of April, 2023. /s/ Kelly Lewis, Mayor ATTEST: Is/Juliann M. Stevens, City Clerk APPROVED AS TO FORM: /s/ Julie Lombardi, City Attorney Affidavit of Publication 1 Brenda Brumbaugh 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 04Y26/2023 Newspaper reference: 0000803287 Legal Represent Ive Sworn to and subscribed before me this date: -a3 Notary P bL AMBERSHELL NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES SEP,11, 2023 My Commissi COMMISSION # 19009197 on expires: