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HomeMy WebLinkAbout615_Amended_annexation_10 Acres E of Owasso Sports ParkDOC # 99072126 FEE 12.00 PGS 3 B/P 623010514 -0516 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 615, AMENDED AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, pursuant to the provisions of Title 11, Section 21 -103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three- fourths of the legal voters and owners of not less than three - fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on April 20, 1999 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 20`s day of April, 1999, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21 -103, et seq., of the Oklahoma Municipal Code, and further, that proper legal notice of presentation of said petition had been given; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21 -103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: THE NORTHWEST QUARTER (NW/4) OF THE NORTHWEST QUARTER (NW/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof, having been given previous zoning in Tulsa County, shall be deemed to be in the CS (Shopping Center) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Ordinance. Section 4. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. Section 5. That an emergency is hereby declared to exist for the preservation of the public peace, health, and safety, by reason whereof this ordinance shall take effect immediately from and after its passage, approval, and publication. PASSED AND APPROVED this 18th day of May, 1999. City AS TO FORM: Ronald D. Cates, City Attorney Mark Wilken, Mayor STATE OF OKLAHOMA COUNTY OF TULSA I SS I, of lawful age, being duly sworn , am a legal representative of The Tulsa Daily Commerce & Legal News of Tulsa, Oklahoma, a daily newspaper of general circulation in Tulsa County, Oklahoma, printed in the English Language and published in the City of Tulsa in Tulsa County, State of Okla- homa, regularly, continuously and uninterruptedly published in the County for a period of more than 104 consecutive weeks prior to the first publication of the attached notice and having paid circulation therein and with admission to the United States mails as second class mail matter and printed in Tulsa, Tulsa County, where delivered to the United States mail. 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 ABOVE LISTED DATE(S) (presentative Signature) Subscribed and sworn to me this., 25th day of 1999 Notary Public 7 My Commission Expires Z-1 Customer CITY OF OWASSO P.O. Box 180 910 OWASSO, OK 74055 Publisher's Fee $122.40 225875 Published in the Tulsa Daily Commerce & Legal News May 24, 1 M. CITY OF OWASSO, OKLAHOMA ORDINANCE NO, 615, AMENDED AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY Of OWASSO, OKLAHOMA. ADDITIONAL LANDS AND TERRITORY IN SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDING THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY wrIEN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE C1W OF OWASSO, OKLAHOMA, ESTABLISHING THE SAME AS PART Of WARD ONE OF SAID CITY AND DIRECTING THE FRIG OF THIS ORDINANCE; AND DECLARINGAN EMERGENCY. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to an= additional territory providing a petition in writing, signed by not less than threc-fourths of the legal voters and owners of not less than throe fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on April 20, 1999 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 2e day of April, 1999, said Petition was duly considered by the City Council and was determined to have cornplied with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Municipal Code, and Amber, that proper legal notice of presentation of said petition had been given; and NOW, THEREFORE, BE IT ORDAINED By THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City Of 'Owasso' and described in The petition presented to the City Council in accordance with the provisions of Title 11, Section 21.103, et sq., of the Oklahoma Statutes, and more particularly described as follows, to-wit: THE NORTHWEST QUARTER (NW/4) OF THE NORTHWEST QUARTER (NW/4) OF THE NORTHEAST QUARTER. (NE14) OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the raw estate and territory described in Section I hereof shall be a part of the City of Owasso, Oklahoma, and it Ward One thereof, and all persons residing therein, and all property ewated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City o.1 Owasso, Oklahoma, in all respects and particulars. Section 3. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section I hereof having been given previous zoning in Tulsa County shall be deemed to be in the CS (Shopping Carter) zoning district of the City of Owasso it accordance with the provisions of Section 110.3 of the Owasso Zoning Ordinance. Section 4, That there be filed in the office of the County Clerk of Tulsa County. Oklahoma a true and correct copy of this Ordinance, together with an accurate map of the territory herebi annexed. 5--fion 5. That an emergency is hereby declared to exist for the preservation of the public p-ce, health, and safety, by reason whereof this ordinamc shall take tffcct immediately from an( after its passage, approval, and publication. PASSED AND APPROVED this IS' day of May, 1999. 47 Mark Wilken, Mayor MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ORDINANCE NO. 615 DATE: April 28, 1999 At the April 20, meeting, the Owasso City Council approved a request to annex property located in the Northwest Quarter (NW /4) of the Northwest Quarter (NW /4) of the Northeast Quarter (NE /4) of section 7, T -21 -N, R -14 -E. The subject property is unplatted land on the south side of E 116' Street N, west of Garnett Road, containing 10 acres, more or less. Also approved was a request by the applicant to retain the CS (Shopping Center) zoning designation upon annexation into the City. Attached is a copy of Ordinance No. 615 which formally adopts the April 20, 1999, thus establishing in one ordinance the annexation and property as provided for in Section 110.3 of the Owasso Zoning Code. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 615. ATTACHMENTS: 1. Ordinance No. 615, 2. Subject Map. City Council's action of rezoning of the subject MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: THERON WARLICK CITY PLANNER SUBJECT: ANNEXATION REQUEST LOWE DATE: April 14, 1999 BACKGROUND Lewis Dean Lowe and Donald Allen Lowe, the owners, have submitted a petition to the City of Owasso requesting annexation of property totaling approximately 10.00 acres, more or less. The subject property is described as a tract of land in Section 7, Township 21 North, Range 14 East, Tulsa County, Oklahoma. The subject property is located on the south side of E 116' Street N, east of the Owasso Sports -Plex. The subject property lies in unincorporated Tulsa County but is completely surrounded by the City of Owasso. The City of Owasso Annexation Policy indicates that normally tracts of 20 acres or more are desired, the fact that this tract is surrounded the City of Owasso makes it a likely candidate for annexation, regardless of its size. To the north of the subject property across E 116' Street N lies entrance to Country Estates III, to the south is Hale Acres Addition, to the west is the Owasso Sports Complex, and to the east is a church on approximately 5 acres zoned AG (Agriculture). The subject property is zoned CS (Commercial Shopping Center) in Tulsa County. An atypical aspect of the proposed annexation is that the applicants have requested in their petition that the property be assigned the same CS (Shopping Center) designation in the City of Owasso. Section 110.3 (b) of the Owasso Zoning Code specifically allows Council to annex property and retain Tulsa County zoning. Owasso annexation policy specifically states that all annexed property given zoning designation of AG (Agriculture). However, the "downzoning" of property may serve as a disincentive to many property owners because of real or perceived losses in property value or limitations on land use. The combined annexation and rezoning procedure removes this deterrent and may be favorably considered when the proposed zoning is consistent with the comprehensive plan for our community. Notification of the annexation and rezoning request was published in the Owasso Reporter on April 1, 1999 to notify the public of the annexation request before the Planning Commission meeting on April 13, 1999. This was followed by notification published two consecutive weeks in the Owasso C:\ Owasso\ PC \04- 13- 99\Anx- Lowe\MEMORANDUM - Lowe Annexafion.doc Reporter on April 8, 1999 and April 15, 1999 to notify the public of possible City Council action regarding the request on April 20, 1999. In addition to the annexation policy, a copy of the procedures for annexation is also attached for your information and review. The Owasso Annexation Committee reviewed the request at its April 5, 1999 special meeting. The Committee unanimously recommended to approve the annexation request. The Planning Commission unanimously recommended approval as requested at the April 13, 1999 meeting. RECOMMENDATION Staff recommends approval of the proposed annexation request. ATTACHMENTS 1. Subject Map, 2. City of Owasso's Annexation Policy, 3. City of Owasso Annexation Procedures, 4. Copy of the Annexation Advertisement. C:\ Owasso\ PC \04- 13- 99\Anx- Lowe\MEMORANDUM - Lowe Annexation.doc ANNEXATION POLICY 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing city limits. All properties should be annexed into the city limits as the lowest zoning classification, that is, AG, agricultural. Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the city will be legal, but non - conforming, which means that they may continue but cannot be expanded without proper zoning. All public infrastructures that do not met city standards will not be improved by the city until brought to the city standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a city limit boundary ends at a dedicated street, the boundary will not include the street right -of -way. This policy will establish consistence and allow city employees and citizens to know where the city boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Adopted by Council on March 1, 1985. PROCEDURES FOR ANNEXATION CITY COUNCIL SPONSORED ANNEXATION: 1. City Council direction to study the annexation of property. 2. Notice published two consecutive weeks in the Owasso Reporter of a Planning Commission Hearing which will include a map and text of the proposed annexation. 3. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two consecutive weeks in the Owasso Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 6. City Council hearing and action on the proposal. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. CITIZEN SPONSORED ANNEXATION: 1. Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. 2. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's expense of a City Council Hearing which will include a map and text of the proposed annexation. 6. City Council Hearing and action on the proposal. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved,l published, and filed of record with the office of the County Clerk, with a map of the property annexed. Adopted by City Council on March 1, 1988. Please publish the following legal advertisement in the April 1, 1999 edition of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Theron Warlick PO Box 180 Owasso, OK 74055 Please bill publication costs to: Owasso Public Works 320 S Dogwood PO Box 180 Owasso, OK 74055 RE: Street Annexations BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PROPERTY FOR ANNEXATION CONSIDERATION The undersigned, constituting not less than three- fourths of the registered voters and being owners of not less than three- fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to -wit: THE NORTHWEST QUARTER (NW /4) OF THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. Dated this 22nd day of March 1999. Owner(s): Lewis Dean Lowe Donald Allyn Lowe NOTICE TO THE PUBLIC You are hereby advised that the above request for annexation was filed with the City Planner of the City of Owasso on the 22 "d day of March, 1999, and that said request will be presented to the Owasso Planning Commission, at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 13d day of April, 1999. All persons interested in this matter may be present at the hearing and give their objections to or arguments for the proposal. The Planning Commission will submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. See the attached map for property location. For more information on the proposed annexation contact the Community Development Department, City Hall, 207 S. Cedar, Owasso, Oklahoma, 74055 or phone (918) 272 -2251. Dated at Owasso, Oklahoma, this 22nd day of March, 1999. Theron Warlick City Planner