HomeMy WebLinkAbout1221_OA 24-02_OZ 24-01_2.59 acres_11328 E 106th St N_RE to CSCHTUcn
-q Tulsa County Clerk - MICHAEL V
Doc #: 2024059812 Page(s): 3
Z 07/24/2024 11:08.53 AM
i
,y• ,;::, � Receipt#: 2024-41334
�AIAHOMP Fees: $22.00 NASSO, OKLAHOMA
_..JINANCE 1221
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN
APPLICATION OA 24-02 AND APPROVING ZONING APPLICATION OZ 24-02 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 as 11328 East 106th 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 CA 24-02 and OZ 24-02.
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 11328 East 10611) Street North, said tract being more particularly
described as follows:
A tract or parcel of land located in the North Half of the Northwest Quarter (N/2 NW/4) of
Section Seventeen (17), 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, more particularly described as follows, to -wit:
BEGINNING at the Northwest corner of said Section Seventeen (17); Thence South along the
West boundary of said Section Seventeen (17) a distance of 330 feet; Thence Easterly and
parallel to the North boundary of said Section Seventeen (17) a distance of 288 feet; Thence
Northerly and parallel to the West boundary of said Section Seventeen (17) a distance of 330
feet to a point in the North boundary of said Section Seventeen (17); Thence Westerly and
along the North boundary of said Section Seventeen (17) a distance of 288 feet to the POINT
OF BEGINNING, LESS AND EXCEPT: BEGINNING at a point that is the Northwest corner of said
NW/4 of said Section Seventeen (17); Thence North 88043'25" East along the Northerly line of
said NW/4 for 288.00 feet; Thence South 01°10'29" East parallel with the Westerly line of said
NW/4 for 50.00 feet; Thence South 88°43'25" West parallel with said Northerly line for 200.00
feet; Thence South 43146'28" West for 39.63 feet; Thence South 01 °10'29" East parallel with said
Westerly line for 248.56 feet; Thence North 89141'53" West for 15.01 feet; Thence South
01010'29" East parallel with said westerly line for 3.89 feet; Thence South 88043'25" West
parallel with said Northerly line for 45.00 feet to a point on said Westerly line; Thence North
01010'29" West along said Westerly line for 330.00 feet to the POINT OF BEGINNING of said
tract of land.
L2M29
A tract or parcel of land located in the North Half of the Northwest Quarter (N/2 NW/4) of
Section Seventeen (17), 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, more particularly described as follows:
COMMENCING at the Northwest corner of said Section Seventeen (17); Thence Easterly
along the North line of said Section Seventeen (17) a distance of 288 feet to the POINT OF
BEGINNING; Thence continuing Easterly and along the North line of said Section Seventeen
(17) a distance of 150 feet; Thence Southerly and parallel to the West line of said Section
Seventeen (17) a distance of 330 feet; Thence Westerly and parallel to the North line of said
Section Seventeen (17) a distance of 150 feet; Thence Northerly and parallel to the West line
Ordinance 1221
Page 1 of 3
of Section Seventeen (17) a distance of 330 feet to the POINT OF BEGINNING.
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 2.
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 16TH day of July, 2024.
Alvin Fruga, Mayor
ATTEST: i
if L/�� OF O W,,fss0
For Juliann M. Stevens, City Clerk G
= UFFt�lA1
}. SEAL
(S E A L) �• 7✓
P
OKLPtiaO�
APPROVED AS TO FORM.
OJr
J i Lombardi, City Attorney
Ordinance 1221
Page 2 of 3
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Note: Graphic overlays may t //�� ,l rd
not precisely align with physical ®Subject OA 24-02 0 100 200 400
features on the ground. Tract I I I i 1 1721-14
Aerial Photo Date: 2023 OZ 24-02 Feel
APPROVED BY COUNCIL
JULOAMN560 16 2024
TO: The Honorable Mayor and City Council
FROM: Alexa Beemer, AICP, Planning Manager
SUBJECT: Ordinance 1221, Annexation (OA 24-02) & Rezoning (OZ 24-02) - 11328 East 1061h Street
North
DATE: July 12, 2024
BACKGROUND:
The Community Development Department received a request for the annexation and rezoning of
property located at 11328 East 106th Street North, at the southeastern corner of the intersection of East
106th Street North and North Garnett Road. The subject property is approximately 2.59 acres in size and
is currently zoned Residential Single -Family, Estate District (RE) within Tulsa County. If annexation is
approved, the applicant is requesting the property be brought into Owasso City Limits as Commercial
Shopping (CS) via accompanying rezoning request OZ 24-02.
SUBJECT PROPERTY/PROJECT DATA:
Property Size
2.59 acres +/-
Current Zoning
Residential Single -Family, Estate District (RE) 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
Applicable Paybacks/Fees
(Assessed at Platting)
Storm Siren Fee ($50.00 per acre)
Ranch Creek Interceptor Sewer Payback Area
($610.33 per acre)
Meadowcrest Sewer Relief Area $867.00 per acre
ANALYSIS:
The subject property is contiguous with City limits on the northern and western boundaries of
the property.
o Typically, property is assigned a zoning of Agriculture (AG) by default upon annexation.
The applicant can 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.
• 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; the subject property must be platted prior to the
issuance of any commercial building permits.
OA 24-02/OZ 24-02
Page 2
• The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to
the property.
• 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
Commercial Shopping (CS)
Vacant
Commercial
City of Owasso
South
Residential Single -Family,
Residential
Commercial
Tulsa County
Estate District (RE)
East
Residential Single -Family,
Residential
Commercial
Tulsa County
Estate District (RE)
West
Commercial Shopping (CS)
Vacant
Commercial
City of Owasso
PLANNING COMMISSION:
The Owasso Planning Commission voted 3-0 to recommend approval of this item at their regularly
scheduled 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 1221.
ATTACHMENTS:
Ordinance 1221
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 1221
AN DD-
202 E 2nd Ave NGORAND ANNEXING INTO INGr AT E
Clf� OF OASSO, OKLAHOMA,
(918)272-1155 ADDITIONAL LANDS AND TERRI-
TORY,REFERENCED IN APPLICA-
TION OA 24-02 AND APPROVING
ZONING APPLICATION OZ 24-02
I, Hayden Lipsky, of lawful age, being duly sworn upon oath depose and AND REPEALING ALL OANCES C-
y g g y p p ES F PARTS OF ORDINANCES IN
CONFLICT
s haw
say that I am an agent of Column Software, PBC, duly appointed and ben ellddregading the hea`request for
annexation and reaoning°f the proP-
authorized agent of the Publisher of Owasso Reporter, a publication that is 10%m Street North known as
WH RE-
AS.tl�e O�,vasaa City Council ha=
a"legal newspaper"as that phrase is defined for the city of Owasso,for the "'l ": FI' I,,-:, " "`
an I Il sttiten t t cr=_i in. h
Countyof Tulsa, in the state of Oklahoma,that this affidavit is Page 1 of 2
g of m � i1 l
plicanoil",,s 2w2 and.JZ[4-J2.
NOW,THEREFORE,BE ITORDAINED
with the full text of the sworn-to notice set forth on the pages that follow, BY THE COUNCIL OF THE CITY OF
OWASSO. OKLAHOMA. THAT TO
WIT SECTION 1 .,a� rt land
and that the attachment hereto contains the correct copy of what was I I Eat 11 Ic th
.eta:.x i a more
it ily ii "
published in said legal newspaper in consecutive issues on the following �II tl 11 at,It
1 2 NcM'i t 1,
dates: F, - 'ne�F1a1
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lrie rna ar,B.+se and Ma AID,T s=_
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PUBLICATION DATES: �1 t
as rolls:^;c...,:"It.8EI-NNING
Jul. 24, 2024 e. f", I
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Vd�t�-�undare°f sai-I.�:-.b-i
Notice ID: FMLbQmA5QUr6OuDaCe\N9 t E "" t Ild
Publisher ID: 112986 N:r ,ao
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Notice Name: ORDINANCE 1221 oe I t,e Ae,,t Lrr°-1oi,of saki
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PUBLICATION FEE: $140.27 �(1°',dri,e�f%�—t.i1" ;":
Ina Nol"h.
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feet t:the'OIT.T ED INNL^.I%
I state under penalty of perjury under the laws of Oklahoma that the E tr-3tr EN -h F�l,�_n�t
foregoing is true and correct. I l ' j I °n'4 `-'
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Commonwealth of Pennsylvania-Notary seal I,seed Ni-,'I ine f-;,
t to a pwnt i ,A
Nicole Burkholder,Notary Public I1 e,Thence Nor 1. l'l -�+
VERIFICATION f 't' talePOINTr-1re= II N 1
Lancaster County t,a.t,lfIa, r.c �r
M commission expires March 30,2027 l f I 1 1 1,the North
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State of Pennsylvania a <r �� een(17),
Commission Number 1342120 T 1ip T t 21 Norm,
County of Lancaster n F urr a Fart of the 1,
iv6 ?ai 1 1 i 11n,Tulsa Cc—
,�iae ert C�:ahnma,according to
Signed or attested before me on this: 07/24/2024 1n: t G k Aho 5u oco,di,g to
Notary Public
Notarized remotely online using communication technology via Proof.
ORDINANCE 1221 - Page 1 of 2
more particularly descri::ec1 as fol-
Irrvs: CO MMENCINC at the North-
eat ron of said
—lence E=sterl,alorrcl:he
J_dtl l le ai' r^ior e:enteen
1;1 9 distarr:e .::f _Ian tee- tc: the
_,_lk—�-F 3Ei4[,,NI`jG Th-l(:e con
tinaincl Eastel;J r;ll'J A_,I r-i the Ncrth
llne,f.,a:I::;e-b o:_:ev-steer i I.)a
distain'e rf 1�i; =k TPlence South
erly a'c: pai4 tc:the'fiest line of
said :_ec:-ic:1 S-:zrltzen (17) a dis-
tail- :f 3;i; =et:Thel,•ce V'estelly
anti;%c allel t,the"lolill I Ile f C
oY 1.II feet; Tlleir:e r,Jrt ter'y dn:
I:a1al e1 t: -1= .. t 1 Ile _- -1crl
.clli e'- •: 11�a15thl ri ".f - -.
fz.t-o the RDINT I::iF E•E(_,'NkIN,
The sar'e i:: leIehor indexed to
nla:ae art;: arld'9'c t':i the
fC,:a::•:,C:kl,lor y,arna -
rate Iimit�• anc the sanlz aJhere
=c Conu'ercal �;I_�I:Ip11;1 '
r.11 IaerSons res d 1':1 them n.arnJ ,1
p ty situate I -f ec:n, -,I II be
si'c'je:t to the, -lri:,::1;airs. c:ntrol
=•;;s,and oed rr;ru:-:: :a t11-I:_tv of
)-A,abc 7, Wallcnla. in al respects
and paltr:I al s
SECTION 2 Finn, and Wler the
!JdSPd;le ,lx: cf this :=:r-
:I rlari::-,file gal est to arc',tel tc;ly
tz,.-i l:za al:l>ve •h-11 I:za pall of
,Ile cf oklah,:i no and
Iriar112.
SECTION 3. All orcinancec or parts
f ,I::i lances, In cc if icr -h this
:I nai,,:: are herel v epe-led to
tPle z=aert of the conflira V l v.
SECTION 4. If al pact er j,arts of
11li:; ::'cl Tall-- a z :Jeer-ecl .I lcon-
st-r.-i�:�la i r•<a I'I cr Neff-c:'rve.-1-e
I�e.r:'.al�ll:l� ;)•Jrtr:�r 1.1�;. :loY 'e at-
fected but skim rel-'a1n in ful -::roe
and effect.
SECTION 5. The:- ::visions this
ordinance shall hec xme effe:dive
thirty(30)days fron-I The date of-1nal
passage as provided by state
SECTION 6. There shall be 1ked
in the office':f the _L1nty lei f
Count'.?.Coun' .C•kla souls 1 ,nc
col re•:a ccv"";::f-I- :11: 1
correct mA IJf the Tarr._:.1`:-.111 I->-•�.
PASSED AND ADOPTED-1I-
day of July, 2024. Is,'A J- F
Mayor
LPXLP
ORDINANCE 1221 - Page 2 of 2