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HomeMy WebLinkAbout1222_OA 24-01_OZ 24-01_4.55 Acres_10636 N Garnett Rd_ AG to CSCounty Clerk - MICHAEL V Doc #: 2024059613 Page(s): 3 (�.K)7�,Tulsa 07/24/2024 11:08:53 AM Receipt#:2024-41334 Fees: $22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1222 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 24-01 AND APPROVING ZONING APPLICATION OZ 24-01 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 generally known 10636 North Garnett Road; 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 24-01 and OZ 24-01. 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 10636 North Garnett Road, said tract being more particularly described as follows: A tract of land located in the North Half of the Southeast Quarter of the Southeast Quarter of the Southeast Quarter (N/2 SE/4 SE/4 SE/4) in Section Seven (7) of Township Twenty-one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B.&M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: COMMENCING at the SE corner of the SE/4 of Sec. 7, T-21-N, R-14-E, I.B.&M.; THENCE N 01°24'33"W along the east line of said SE/4 a distance of 330.12 feet to the SE corner of the N/2 SE/4 SE/4 of said SE/4; THENCE S 88°37'00"W along the south line of said N/2 SE/4 SE/4 SE/4 a distance of 60.00 feet to the POINT OF BEGINNING being on the present roadway right-of-way; THENCE S 88°37'00"W a distance of 600.01 feet to the SW corner of said N/2 SE/4 SE/4 SE/4; THENCE N 01025'25"W a distance of 330.33 feet to the NW corner of said N/2 SE/4 SE/4 SE/4; THENCE N 88138'05"E along the north line of said N/2 SE/4 SE/4 SE/4 a distance of 600.09 feet to said present roadway right-of-way; THENCE S 01 024'33"E along said present roadway right-of-way a distance of 330.14 feet to the POINT OF BEGINNING, and containing 4.549 acres, more or less. Basis of bearing is the Oklahoma State Plane Coordinate System. 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 1. Ordinance 1222 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 a correct map of the territory annexed. PASSED AND ADOPTED this 16rh day of July, 2024. Alvin Fruga, Mayor ATTEST: G\A OF Owns so �Or Juliann M. Stevens, City Clerk 4 ov totr (SEAL) OKLMO�P APPRO\ D AS TO F RM: Juli ombardi, City Attorney Ordinance 1222 Page 2 of 3 qr "T L I 7:t7, T. T.1 a, -N A WF V Ni 4l 4, 4♦ SUBJECT TRACT s- 44:' 1% V� A ze, T 4 2 4� Note: Graphic overlays may notprecisely align with physical Subject features on the OA 24-01 N 0 100 200 400 I I I I 1 0721-14 ground. Tract Date: OZ 24-01 Feet Aerial Photo 2023 TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Wendy Kramer, City Planner Ordinancel222—CA 24-01/OZ 24-01 July 12, 2024 BACKGROUND: APPROVED BY COUNCIL JUL 16 2024 The Community Development Department received a request for the annexation and rezoning of property located at 10636 North Garnett Road. The subject property is approximately 4.55 acres in size and is currently zoned Agriculture (AG) 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 24-01). SUBJECT PROPERTY/PROJECT DATA: Property Size 4.55 acres +/- Current Zoning Agriculture AG In Tulsa Count Proposed Zoning Upon Annexation Commercial Shopping CS Land Use Master Plan Commercial Within a Planned Unit Development PUD ? No Within an Overlay District? No Water Provider City of Owasso Storm Siren Fee ($50.00 per acre) Applicable Paybacks/Fees Meadowcrest Relief Sewer Payback Area ($867.00 (Assessed at Permitting) per acre) Ranch Creek Interceptor Sewer Payback Area 610.33 er acre ANALYSIS: • The subject property is contiguous with City limits on the eastern, western, and southern boundaries of the property. • Typically, property is assigned a zoning of Agriculture (AG) by default upon annexation. The applicant can also request the property retain the County's corresponding zoning designation under the Owasso Zoning Code, or seek a concurrent rezoning based on what the GrOwasso 2035 Land Use Master Plan prescribes. o In this case, the applicant is requesting that the subject property be annexed and assigned a zoning of CS, via a concurrent rezoning request. • 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, but will be required to go through the platting processes prior to issuance of any commercial building permit(s). • The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to the property,. Ord. 1222 Page 2 • Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Agriculture (AG) Residential Commercial Tulsa County South ( S) mercial Shopping Residential Commercial City of Owasso East Commercial Shopping Commercial Commercial City of Owasso West Agriculture (AG) Residential Commercial/ City of Owasso Transitional PLANNING COMMISSION: The Owasso Planning Commission voted 3-0 to recommend approval of this item at their regular meeting on July 8, 2024. RECOMMENDATION: In developing a recommendation, staff evaluated Oklahoma State Statute, Title 11, Chapter 1, Part 1, Article XXI, Section 21-101 and Section 1.4.3 of the Owasso Zoning Code. Following this evaluation, staff concluded that the subject annexation and rezoning requests meet all of the legal requirements for approval. As such, staff recommends adoption of Ordinance 1222. ATTACHMENTS: Ordinance 1222 Zoning Map GrOwasso 2035 Land Use Master Plan Map Survey Exhibit WASSO RTER AFFIDAVIT OF PUBLICATION Published in the Owasso Re- porter,Owasso,Tulsa County, Oklahoma,July 24,2024 Owasso Reporter CITY OF OWASSO,OKLAHOMA 1" ORDINANCE 1222 AN DD- 202 E 2nd Ave NGORAND ANNEXING INTO Il AT E CIT� OF OASSO, OKLAHOMA, (918)272-1155 ADDITIONAL LANDS AND TERRI- TORY,REFERENCED IN APPLICA- TION OA 24-01 AND APPROVING ZONING APPLICATION OZ 24-01 1, Hayden Lipsky, of lawful age, being duly sworn upon oath depose and AND REPEALING ALL OANCENC- y g g y p p ES F PARTS OF ORDINANCES IN CONFLICT say that I am an agent of Column Software, PBC, duly appointed and WHEREAS public hearings have Ceen held rey=_riling the request authorized agent of the Publisher of Owasso Reporter, a publication that is f' t., a '1 '' `Jamb G"ett Ro_c s WHERE- AS,the Owasso(d uI I ,c a"legal newspaper"as that phrase is defined for the city of Owasso,for the nsidered the rec - 1 t! er ,e Owwasso Plamr!n;I I n l II=Bolen i t --r e i in- ac County of Tulsa, in the state of Oklahoma,that this affidavit is Page 1 of 2 = n anil n act thr ii intere:,ced In ai- �=-CI and OZ 24-01. with the full text of the sworn-to notice set forth on the pages that follow, NOW,'T'HEREFOREBEITORDANED BY THE COUNCIL OF THE CITY OF OWASSO. OKLAHOMA, THAT TO and that the attachment hereto contains the correct copy of what was WIT. SECTION I. A tact of land de- ll s el 7C N rt arnett published in said legal newspaper in consecutive issues on the following 1, 'l,I.'.i 1 t.i: "`r t f dates: n, IV/2 'SEr-1 ';E J ,E if even 171 c,- i — - - - PUBLICATION DATES: No:lh e! ! _s.,t Ilndw,d l , Jul. 24, 2024 mment5urveyyI e! ly,State of Okl131101 h.l! i.: parbcularly descriherl a t ll.%;- Notice ID: b4KWXysvNAe5CHSPEfwx COMMENCING, S 7.'T2!N.R 1--E Publisher ID: 113006 aRNI; THENCE N -I a .d _eastl ts.31 Ea=_ I't en-cf 330 I -et t iie Notice Name: ORDINANCE 1222 �ner,rf N 4E G pia _E.`THEN'F _ -7 V.a mg il,e s 111, 11 ::�- sslJ Vj2 SE/4 et PUBLICATION FEE: $101.00 Et F lIT I'r BE,-,'1N NG ba g !=_ r t -::Iightaf-way; TH = :.° -- ',•'a distance .:f !, :e`r:tl li,.1.-t5'Gamer of i I N :_4 E 2'E--THENCEN I state under penalty of perjury under the laws of Oklahoma that the Id, once of 33033 feet foregoing is true and correct. F``THENC said Nit SE/4 ,,t-3Er4;THENCE N 8N/2 SE/4 elonI the,oi*h line.of said N12SE/4 E. ais:ar c-cif i'pi ii9 feet r y,THAN E 1 1-24 3 E ,'.nng id precer� ! .ah t..:ar e d;vtanca 14tretl 7:=FuINT J PE,9 1' and cntalring q(�y �JJ������//�� 4 e ra_ a or Ies.Basis of ^I�t��`g"`�+� be IIII Ist h,oma State Plane Th .-bv sn.,exed to. AgentZD Tt �����1AIIIIIIIIIUi/�/� rate C �PaV P�AI�% ARI pei m !I !rl I.? I,I ! I Robert Hollie III Prop r ;It t I --n MI be suhje, th 1.1 _niroV VERIFICATION =* = ID NUMBER law ir I -1h. TY T? 133582194 Or 11al,n, 1 ;I 1 e is State of Texas ///�//II�IFtt t�+\ COMMISSION February 70EX20P�RES SECTION 2 ul !c, f this t0r i,iica,the Nte acid territory County of Bexar rib d all .Okl honia e a I'Aard 1. Signed or attested before me on this: 07/24/2024 SECTION 3.Al ordinances or parts Notary Public Electronically signed and notarized online using the Proof platform. ORDINANCE 1222 - Page 1 of 2 of ordinances, In conflict eo-i- this ordinance, are e-eh epe=led to the e=lentof111 ,_:;nflietanv SECTION 4. 11 an; pail or 6 r-s of this cs -I i an:_ a e deemed a icon- stici. I, I ivaild,or ineffective,the ren-a ri,u :portion shall not be af- fecte:l I: t shall remain in full force and f c SECTION 5, The provisions of this ,: :I nance shall become effective tl iI i 39)days from the date of=anal pass.ic1e as provided by state SECTION G. There sha I he -filed r the otflc:.e of the t�o�.intd��ler�,rf T�-i'sa�-.JUIC':. _'kld'TJnIE,d-rLe an=: !::rr�-:t c,D Fit tl•ds 01d,nan e aF cl a. orre:a map of the territory annexed. PASSED AND ADOPTED this 16 th lav ct July, 2024. /s/Alvin Fruga, _F'X_F ORDINANCE 1222 - Page 2 of 2