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Home My WebLink About1223_OA 24-03_OZ 24-03_2.56 acres_9727 E 116 St N_AG-R to CSTulsa County Clerk" MICHAEL WILLIS o �bGaa Doc #: 2024078188 Page(s): 3 P` 09/27/2024 01:12:08 PM Receipt#:2024-54944 �. Fees: $22.00 ��kG4HOMP w r yr vWASSO, OKLAHOMA ORDINANCE 1223 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING INTO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY, REFERENCED IN APPLICATION OA 24-03 AND APPROVING ZONING APPLICATION OZ 24-03 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 generally known 9727 East 1 161h 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 24-03 and OZ 24-03. 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 9727 East 1161h Street North, said tract being more particularly described as follows: A tract of land lying in the Southwest Quarter of the Southwest Quarter (SW/ 4 SW/ 4) of Section Six (6), 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: BEGINNING at a point 50.00 feet North and 50.00 feet East of the Southwest corner of said Section Six (6); Thence South 89050'54' East and parallel to the South line of said Section Six (6) a distance of 525.00 feet to a point; Thence due North and parallel to the West line of said Section Six (6) a distance of 223.40 feet to a point; Thence North 89°46'21" West and parallel to the North line of said Southwest Quarter of the Southwest Quarter (SW/ 4 SW/ 4) of Section Six (6) a distance of 525.00 feet to a point; Thence due South, parallel to and 50 feet East of said West line of Section Six (6) a distance of 224.09 feet to the POINT OF BEGINNING, LESS AND EXCEPT a tract of land in the Southwest Quarter (SW/ 4) of said Section Six (6), Township Twenty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, Oklahoma, and being more particularly described as follows: COMMENCING at the Southwest corner of the SW/4 of said Section Six (6), T-21-N, R-14- E of the Indian Base and Meridian, Thence N 0101502" W along the West line of said SW/ 4 a distance of 50.00 feet; Thence N 88°53'32" E a distance of 50.00 feet to the POINT OF BEGINNING being on the present Right -of -Way of North Mingo Road; Thence N 01015'02" W along said present Right -of -Way a distance of 40.00 feet; Thence S 46°10'45" E a distance of 42.48 feet; Thence N 88°53'32" E a distance of 495.00 feet; Thence S 01115'02" E a distance of 10.00 feet to the present Right -of -Way of East 1 16th Street North; Thence S 88153'32" W along said present Right -of -Way a distance of 525.00 feet to the POINT OF BEGINNING. Ordinance 1223 Page 1 of 3 .7 The some 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. 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. City Clerk h�f QFprr,rAt ( E .4/1 r APPROVED AS T City Attorney Ordinance 1223 Page 2 of 3 PASSED AND ADOPTED this 171h day of September, 2024. Alvin Fruga, Mayo �� r ,� / - ,� .•.� T, 477 t 4 4,940 n 7 yy y j R. l '1:: ,_ 1, .� !' + r�ik Li �: ..f1�:°,'l. 'tl`!-d '� ..- � •�ta�,j.. X p aj r■ �� It "Y y, ; M1 , � �+-� Mat �. •l SUBJECT TRACT °' * 1,01 ._,,.ot44 7�, ~ Ly � It An n •rY I � / i •a Z.T' � �� • t'f ,•� •_ ., - ✓ a , '� t - .ter .yY, } , I 4 +. � r ' "' 'l� � �^.1Y7 �li�i� a1'.sr '` •Y4:_ Y�-'�,.r SJ"�E,+jt ,. �,w'q{ `.��. Note: Graphrely align with may ® Subject OA 24-03 " not precisely align overlays physical J 0 100 200 400 features on the ground. Traci 06 21-14 Aerial Photo Oatc: 2023 OZ 24-03 I t Feel t IM TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Wendy Kramer, City Planner Ordinance 1223 — OA 24-03/OZ 24-03 September 13, 2024 BACKGROUND: APPROVED BY COUNCIL SEP 17 2024 The Community Development Department received a request for the annexation and rezoning of property located at 9727 East 1 16th Street North. The subject property is approximately 2.56 acres in size and is currently zoned Agriculture Residential Single -Family, Rural Development (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 24-03. SUBJECT PROPERTY/PROJECT DATA: Property Size 2.56 acres +/- Current Zoning Agriculture Residential Single -Family, Rural Development AG-R In Tulsa County 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 Permitting) Storm Siren Fee ($50.00 per acre) ANALYSIS: The subject property is contiguous with City limits on the southern boundary of the property. o Per Oklahoma State Statute, Title 11, Section 11-21-102, any territory separated by an intervening strip less than four (4) rods (which is equivalent to 66 feet) wide is considered "adjacent or contiguous to the municipality." o Considering this, the subject property is contiguous as it is separated from Owasso City Limits on its southern boundary by a strip of right-of-way that is twenty-five (25) feet wide. 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 Cade, 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 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). OA 24-03/OZ 24-03 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 Agriculture - Residential North Single -Family, Rural Residential Commercial Tulsa County Development AG-R South Commercial Shopping Vacant Commercial City of Owasso (CS)/Residential Duplex (RD) Agriculture - Residential Vacant / City East Single -Family, Rural Detention Pond Commercial Tulsa County Development AG-R West Agriculture (AG) Residential Commercial Tulsa County PLANNING COMMISSION: The Owasso Planning Commission voted 4-0 to recommend approval of this item at their regular meeting on September 9, 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 1223. ATTACHMENTS: Ordinance 1223 Zoning Map GrOwasso 2035 Land Use Master Plan Map Survey Exhibit Column OFFICIAL AD PROOF This is the proof of your ad scheduled to run in Owasso Reporter on the dates indicated below. If changes are needed, please contact us prior to deadline at help@column.us Notice ID: oJct3LmkYeabiuMUIM5t I Proof Updated: Sep. 19,2024 at 01:01pm CDT Notice Name: ORDINANCE 1223 1 Publisher ID: 124473 See Proof on Next Page This is not an invoice. Below is an estimated price,and it is subject to change.You will receive an invoice with the final price upon invoice creation by the publisher. FILER FILING FOR CITY OF OWASSO Stevens Owasso Reporter jstevens@cityofowasso.com (918)376-1577 Columns Wide: 1 Ad Class: Legals 09/25/2024: Legal Notice Notice 125.59 Total $125.59 ORDINANCE 1223 - Page 1 of 2 Published in the Owasso Re- said present Right-of-Way a distance porter,Owasso,Tulsa County, of 525.00 feet to the POINT OF BE- Oklahoma,September 25,2024 GINNING. CITY OF OWASSO,OKLAHOMA The same is hereby annexed to, ORDINANCE 1223 made a part of and added to the City AN ORDINANCE ACCEPTING,ADD- of Owasso,Ok(ahoma,and its corpo- ING, AND ANNEXING INTO THE rate limits,and the same is hereby CITY OF OWASSO, OKLAHOMA, zoned Commercial Shopping (CS). ADDITIONAL LANDS AND TERRI- All persons residing therein,and all TORY, REFERENCED IN APPLICA- property situated thereon, shall be TION OA 24.03 AND APPROVING subject to the jurisdiction, control, ZONING APPLICATION OZ 24-03 laws,and ordinances of the City of AND REPEALING ALL ORDINANC- Owasso, Oklahoma, in all respects ES OR PARTS OF ORDINANCES IN and particulars. CONFLICT SECTION 2- From and after the WHEREAS, public hearings have passage and publication of this Or- been held regarding the reqquest dinance,the real estate and territory for annexation and rezoning of the described above shall be a part of property generally known 9727 East the City of Owasso,Oklahoma,and 116 th Street North;and, in Ward 1. WHEREAS,the Owasso City Council SECTION 3.All ordinances or parts has considered the recommenda- of ordinances, in conflict with this tion of the Owasso Planning Corr- ordinance, are hereby repealed to mission, and all statements for or the extent of the conflict only. against the requested annexation SECTION 4. If any part or parts of and rezoning of the property refer- this ordinance are deemed uncon- enced in applications CA 24-03 and stitutional,invalid,or ineffective,the OZ 24-03 remaining portion shall not be af- NOW,THEREFORE,BE IT ORDAINED fected but shall remain in full force BY THE COUNCIL OF THE CITY OF and effect. OWASSO, OKLAHOMA, THAT TO SECTION S. The provisions of this WIT: ordinance shall become effective SECTION 1. A tract of land de- thirty(30)days from the date of final scribed as 9727 East 116 th Street passage as provided by state law. North,said tract being more particu- SECTION 6. There shall be fled larly described as follows: in the office of the County Clerk of A tract of land lying in the Southwest Tulsa County,Oklahoma,a true and Quarter of the Southwest Quarter correct copy of this Ordinance and a (SW/ 4 SW/ 4) of Section Six (6), correct map of the territory annexed. Township Twenty-one (21) North, PASSED AND ADOPTED this 17 th Range Fourteen (14) East of the day of September, 2024. /s/Alvin Indian Base and Meridian, Tulsa Fruga,Mayor County,State of Oklahoma,accord- ATTEST:/s/Juliann M.Stevens,City ing to the U.S. Government Survey Clerk thereof,more particularly described APPROVED AS TO FORM:/s/Julie as follows: Lombardi,City Attorney BEGINNING at a point 50.00 feet LPXLP North and 50.00 feet East of the Southwest corner of said Section Six (6); Thence South 89°50'54" East and parallel to the South line of said Section Six(6)a distance of 525.00 feet to a point;Thence due North and parallel to the West line of said Section Six(6)a distance of 223.40 feet to a point;Thence North 89°46'21" West and parallel to the North line of said Southwest Quar- ter of the Southwest Quarter(SW/4 SW/4)of Section Six(6)a distance of 525.00 feet to a point;Thence due South,parallel to and 50 feet East of said West line of Section Six(6) a distance of 224.09 feet to the POINT OF BEGINNING, LESS AND EXCEPT a tract of land in the Southwest Quarter(SW/4)of said Section Six(6),Township Twen- ty-one (21) North, Range Fourteen 04)East of the Indian Base and Me- ridian,Tulsa County,Oklahoma,and being more particularly described as follows: COMMENCING at the Southwest corner of the SW/4 of said Section Six(6),T-21-N, R-14-E of the Indi- an Base and Meridian, Thence N 01'15'02" W along the West line of said SW/ 4 a distance of 50.00 feet; Thence N 88`53'32" E a dis- tance of 50.00 feet to the POINT OF BEGINNING being on the present Right-of-Way of North Mingo Road; Thence N 01°15'02" W along said present Right-of-Way a distance of 40.00 feet; Thence S 46°10'45" F a distance of 42.48 feet;Thence N 88°53'32" E a distance of 495.00 feet; Thence S 01°15'02" E a dis- tance of 10.00 feet to the present Right-of-Way of East 116th Street North;Thence S 88°53'32°W along ORDINANCE 1223 - Page 2 of 2