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HomeMy WebLinkAbout2006 15_Mail Notices of Annexations_2006.06.20WHEREAS, Article 21 of Title 11 of the Oklahoma Statutes allows municipalities to add territory to their corporate limits, NOW THEREFORE, E IT RESOLVED by the City Council of the City of Owasso, Oklahoma, that: B. The municipal staff of the City of Owasso is hereby directed to prepare an annexation services plan for the properties to be considered for annexation. The plan is to be considered a part of the Owasso Capital Improvements Flan, and is to have a completion schedule of no longer than 120 months. The staff is directed to have the plan available for public inspection by July 3, 2006. Approved this 20" day of June 2006. f,/ , t ATTEST: i SEA off/ n I ,ra�'(1l\ '40 Sherry Bishop, `City Clerk City of Owasso, Oklahoma Lataud-e-l-la-,M-ayor Stephen TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: r COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: r O, 006-15, ANNEXATION D e, I RECOMMENDATION DATE: June 14, 2006 The staff has initiated a study for the annexation of ten different properties in close proximity to the city limits of Owasso. These areas include property that is undeveloped and surrounded by municipal boundaries, the right-of-way of Hwy. 169, two elementary schools, and a church. Specifically, the areas of property are: The staff arrived at the determination of properties that should be annexed by evaluating recent growth patterns and the level of service that could be provided to the areas of annexation. Particular weight was given to properties that are completely surrounded by corporate limits, and weight was also given to undeveloped acreages. The staff has contacted the property owners affected by the proposed annexation and told them of the possibility of the City of Owasso annexing their property. Further, the staff has prepared a map of the proposed annexation and arranged for legal descriptions of the properties to be prepared. CONSENTUAL ANNEXATION — In most cases, before a city may annex territory, it must obtain the consent of the owners of at least a majority of the acres to be annexed to the municipality. The state law goes on to prescribe requirements for notice and a public hearing on the proposed annexation. However, there are two ways that a city can annex territory without having to obtain consent for a majority of the acres. ANNEXATION OF TRACTS LESS THAN FIVE ACRES EACH — If the territory to be annexed is subdivided into tracts or parcels of less than five acres and contains more than one residence, then the city is not required to obtain consent for a majority of the acres. THREE-SIDED ANNEXATION — The second type of annexation where consent is not required is one where three sides of the territory to be annexed are adjacent or contiguous to the property already within the city limits. In this type of annexation, the adjacent city property on each side must be at least 300 feet wide at its narrowest point (excluding adjacent right-of-way). ANNEXATION SERVICE PLAN — Before the city publishes and mails public notice of the annexation hearing, the city must prepare a plan to extend municipal services including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services appropriate to the proposed annexed territory. This annexation service plan must be made a part of the city's capital improvements plan, and the plan must be implemented within 120 months (10 years). The City of Owasso can annex the four remaining areas of property, located near the intersection of East 96h Street North and North 120'h East Avenue, by way of the three-sided type of annexation. It should be noted that annexation does not change the current land use of the properties. If a property that is annexed is occupied by a residential structure, that structure may remain and the use of that structure may continue indefinitely. Similarly, if a property is being used for the upkeep of livestock, the keeping of livestock may continue indefinitely. 1131 1 MI. M First, the City Council, by adoption of a resolution at a regular meeting, must direct the city staff to prepare and publish notice of two public hearings concerning the annexation. This resolution must also direct that an annexation services plan be prepared for the affected properties, The Planning Commission would conduct the first public hearing and make a recommendation regarding the annexation to the City Council. The City Council would conduct the second public hearing, followed by its consideration of possible action related to the annexation. Finally, an ordinance effectively annexing the properties would have to be adopted. It is the staff s findings that the ten properties under consideration for annexation are a part of the Owasso community and ought to be a part of the Owasso incorporated area. After all, the two schools serve Owasso residents, the highway right-of-way is sandwiched by Owasso's corporate limits, and the residents who live in this territory shop in Owasso, go to church in Owasso, are part of the Owasso school district, have the Owasso zip code, and in large part consider themselves to be contributing parts of Owasso. This annexation would be another step in a continuing attempt to make the city's boundaries more uniform, and to remove many of the gaps within Owasso's corporate limits. Past decisions by the Tulsa County Board of Commissioners, made contrary to the designs of the Owasso Master Plan, have, shown that it is reasonable that the City should examine unincorporated parts of the community throughout the area for the purpose of bringing uniformity to the city boundaries. Resolution 2006 -15 constitutes a directive from the City Council to the municipal staff to publish and mail notice of two public hearings by July 4, 2006 for the City to consider the annexation ..- one by the Planning Commission and one by the City Council. Additionally, the resolution directs the staff to prepare an annexation services plan that is to be included within the Capital Improvements Plan, to be available for public inspection by July 3, 2006. RECOMMENDATION: The staff recommends City Council approval of Resolution 2006 -15. ATTACHMENTS: 1. Resolution 2006 -15 Owasso Community Development Department I I I M Main St. Owasso, OK 74055 91 8.376.1500 918.376.1597 www.cityofowasso.com PROPOSED ANNEXATIONS