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HomeMy WebLinkAbout674_Annexation_160 Acres_ NE C N 145 E Ave & E 106 St N015596 BOOK 1319 PAGE 0501 CITY OF OWASSO ORDINANCE NO 674 AN ORDINANCE ACCEPTING, ADDING AND ANNE3CNNG TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITOR IN SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST, ROGERS COUNTY, OKLAHOMA, 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. DIRECTING THE FILING OF THIS ORDINANCE, AND DECLARING AN EFFECTIVE DATE. 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, the City of Owasso received a petition to annex additional territory, 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; WHEREAS, on May 3, 2001, and May 10, 2001, 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 May 15, 2001 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 15`" day of May, 2001, 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 Statutes, 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, THAT, TO -WIT: Section 1. the following described territory lying in Rogers County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition for annexation 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 SOUTHWEST QUARTER (SW/4) OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDLA'Ni , ROGERS COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, CONTAINING 160 ACRES, MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the effective date 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. Bou 1319PGGE0502 Section 3. That from and after the effective date of this Ordinance, the real estate and territory described in Section 1 hereof, shall be deemed to be in the AG (Agriculture) 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 Rogers County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. Section 5. That this Ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. OFFICIAL SEAL PASSED AND APPROVED this 5th day of June, 2001. AS TO FORM Ronald D. Cates, City Attorney City of Owasso, Oklahoma Mary Lou Earnhouse, Mayor C MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE #674 ANNEXATION (WARD ONE) DATE: May 31, 2001 BACKGROUND At the May 15, 2001 regular meeting, the City Council unanimously approved an annexation petition for a 160 acre, more or less, parcel of land located at the northeast comer of E. 106. Street N. and N. 145th E. Avenue. Ordinance No. 674 would formally adopt the action taken by the City Council at the May 15, 2001 meeting. RECOMMENDATIONS Staff recommends approval of Ordinance No. 674. ENtoK GTVl�ulk 1. Location Map 2. Ordinance No. 674 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT. ANNEXATION CHARNEY & CHARNEY DATE: May 9, 2001 BACKGROUND Chamey & Charney, attorneys for Dr. Donald & Beverley Dunaway, has submitted to the City of Owasso a petition for annexation of a 160 acre, more or less, tract of land generally described as the Southwest Quarter (SW /4) of Section 10, Township 21N, Range 14E. A location map is attached for your information and review. The subject property is currently zoned AG (Agriculture) and would remain so upon annexation, as required under Owasso's Annexation Policy. A copy of the Annexation Policy is attached for your information. If the annexation is approved, the subject property will require rezoning and platting prior to development. The subject property would receive sewer service from City main extensions currently in progress northward along N. 145th E. Avenue. Further study may be required of the applicant to determine the City of Owasso's ability to provide the required capacity with current facilities. Water service will be provided through Rogers County Rural Water District #3. However, it is staff s opinion, water service should meet all City of Owasso standards at the time of development. The Owasso Annexation Committee reviewed the request at their meeting held April 5, 2001 and recommended approval. The Planning Commission unanimously recommended approval of the requested annexation at the May 8, 2001 regular meeting subject to the following conditions: 1. A sealed engineering report or letter, confirming the ability of Rogers County Rural Water District #3 to provide adequate fire protection standards, as required by the State of Oklahoma, be submitted prior to approval of any plat associated with the annexed property; and 2. The applicant should request annexation of the remainder of the N. 145th E. Avenue right -of -way adjacent to the subject property and left out of the previous annexation associated with the Coffee Creek (formerly Woodridge) and Tulsa Technology Center properties, so as not to leave an "orphaned" stretch of right -of -way. Staff received several calls prior to the Planning Commission review of the proposed annexation. The callers, primarily, requested additional information regarding future plans for the subject property. Several interested citizens also attended the Planning Commission meeting. Stated concerns were, generally, regarding the accuracy of property boundaries, post - development drainage, potential zoning, and traffic concerns. Two consecutive legal notifications appeared in the May 3 & May 10, 2001 editions of the Owasso Reporter as required prior to submittal to the City Council. Letters were mailed to adjacent property owners on May 1, 2001. A copy of the Procedure for Annexation is attached for your information. RECOMMENDATIONS Staff recommends approval of the annexation request for the subject property. ATTACHMENTS 1. Petition for Annexation 2. Location Map 3. City of Owasso Annexation Policy 4. City of Owasso Annexation Procedures BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION The undersigned, constituting not less than three - fourths of the registered voters and being the owner of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: SW/4 of Section 10, Township 21 North, Range 14 East of the I.B.M., Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof, containing 160 acres more or less; being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this .b day of March, 2001. ATTORNEY FOR OWNERS: CHARNEY it CHARNEY, P.C. By c David E. Charney APPROVED BY OWNERs: Dr. Donald G. Dunaway Beverley K. Dunaway 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. 3. 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. 4. All public infrastructures that do not meet the 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 coundaries 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, 1988. CITY COUNCIL SPONSORED ANNEXATION: 1. City Council direction to study the annexation of property. 2. Notice published two consecutive weeks jr; 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 mqp 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 l,'1988.