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HomeMy WebLinkAbout718_Annexation_ 292.22 Acres NE N Memorial & 106 St & N Mingo & 96CITY OF OWASSO, OKLAHOMA ORDINANCE NO 718 AN ORDINANCE ACCEPTING, ADDING, A ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 12 AND 13, TOWNSHIP 21 NORTH, RANGE 13 EAST, PROVIDED 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 THERIN 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. 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 pa 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 October 15, 2002 at 6:30 PM at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 15th day of October, 2002, 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, 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: A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW/4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B.& M., TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT CONTAINS 160.00 ACRES MORE OR LESS; AND A TRACT OF LAND SITUATED IN PART OF THE EAST HALF (E/2) OF SECTION 13, TOWNSHIP 21 NORTH, RANGER EAST OF THE I. B. & M., TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE NORTHWEST CORNER OF THE NE/4 OF THE NW/4 OF NE/4 OF SECTION 13; THENCE N 88°34'57" E ALONG THE NORTH LINE OF SECTION 13 FOR 292.05 FEET; THENCE S 0°15'19" E FOR 658.63 FEET TO A POINT ON THE SOUTH LINE OF THE NE/4 OF NW/4; THENCE N 88°33'45" E FOR 381.01 FEET TO THE NORTHEAST CORNER OF THE SE/4 OF NE/4; THENCE S 1°06'11" E FOR 658.37 FEET TO THE SOUTHEAST CORNER OF NW/4 OF NE/4; THENCE N 88°32'34" E FOR 661.57 FEET TO THE SOUTHEAST CORNER OF THE SW/4 OF NE/4 OF NE/4; THENCE N 1°01'37" W FOR 673.60 FEET; THENCE N 88°34'57" E FOR 616.62 FEET TO TA POINT ON THE WESTERLY RIGHT OF WAY OF THE A. T. & S. F. RAILROAD; THENCE S 14°16'12" W ALONG SAID RAILROAD RIGHT OF WAY FOR 4803.30 FEET TO A POINT ON THE SOUTH LINE OF SECTION 13; THENCE S 88°24'55" W ALONG SAID SOUTH LINE FOR 662.00 FEET TO THE SOUTHWEST CORNER OF THE SE/4 OF SW/4 OF SE/4; THENCE N 1°10'53" W FOR 2634.64 FEET TO THE NORTHWEST CORNER OF THE NE/4 OF NW/4 OF SE/4; THENCE N 1°10'44" FOR 2634.39 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINS 132.07 ACRES MORE OR LESS; AND A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: THE SOUTH 10 FEET OF THE WEST 673.32 FEET OF THE SOUTHWEST QUARTER (SW/4) OF THE SOUTHEAST QUARTER (SE/4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, SAID TRACT CONTAINS .15 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 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 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. Marci outwell, City Clerk Ordinance #718 APPROVED AS TO FORM: Location Map MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY MANAGER SUBJECT: ANNEXATION REQUEST NOBLESOKOLOSKY DATE: October 10, 2002 BACKGROUND: The City of Owasso received an annexation request from Mr. Noble Sokolosky for property lying within Sections 12 and 13, Tulsa County, Oklahoma. The general location of the subject property is between E. 116 °i Street North and E. 96" Street North, between Mingo Road and Memorial Drive. The subject properties combined total slightly over 292 acres, more or less. Tract A contains 160 acres and is currently zoned RE (Residential Estates) in Tulsa County. Tract B contains 132.07 acres and Tract C contains. 15 acres and are currently zoned AG (Agriculture). A subject map is attached. The annexation request was reviewed by the Annexation Committee in June of 2002 and was unanimously recommended for approval. The original application for annexation did not request to maintain previously approved zoning from Tulsa County on Tract A. The Owasso Zoning Code grants the ability to maintain previously established zoning, if requested, or reverting the zoning to AG (Agriculture). Because the original application did not request the maintenance of the RE (Residential Estates) zoning on Tract A and was now desired to be maintained by the applicant, another series of publications were required. The Planning Commission first reviewed the annexation request at their August 2002 meeting and recommended approval of the annexation for Tract B, but tabled action on Tracts A and C until such time that ownership and a legal opinion could be granted regarding the annexation of section line right -of -way. The applicant submitted a letter addressing ownership, use, and section line right -of -way concerns and a legal opinion was provided by former City Attorney Ron Cates. The Planning Commission unanimously recommended approval of the annexation request at their September 2002 meeting. At both Planning Commission meetings, numerous property owners attended to voice concerns regarding the annexation request. The predominate concerns centered on storm water run -off and the adverse effects it would create on surrounding properties, how the property would develop (density, standards, etc.), and the City "fast- tracking" the annexation request. While the Planning Commission listened to the concerns presented; the Planning Commission was also clear that the item before them was an annexation item. Concerns regarding different zonings, detention for storm water run -off, and - development standards are typically addressed in zoning hearings or as a portion of the platting process. It should be noted, however, as a result of many of the concerns shared by property owners, the City is in the process of developing a policy statement regarding developing properties and storm water concerns (See agenda item #5). A copy of the original staff report that was provided to the Planning Commission is attached for your information and review, as well as the meeting minutes from both Planning Commission meetings. The most recent legal advertisement (containing the legal description) is also included as well as the legal opinion from former City Attorney Ron Cates, a letter from Mr. Sokolosky, and a letter from Ms. Sue Piggott and the Citizens for Responsible Rural Development. If the annexation request is approved by the City Council, an ordinance would be presented at the November 5, 2002 meeting to formally adopt the Council's action. RECOMMENDATION: Staff recommends Council approval of the annexation request, maintaining RE (Residential Estates) zoning on Tract A and providing AG (Agriculture) zoning on Tracts B and C. ATTACHMENTS: 1. Subject Map 2. Staff Report for the Planning Commission 3. Minutes from the August and September Planning Commission meetings 4. Legal Advertisement published in the October 3 and 10, 2002 Owasso Reporter 5. Legal opinion from former City Attorney Ron Cates 6. Letter from Mr. Sokolosky 7. Letter from Sue Piggott MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ANNEXATION REQUEST NOBLE SOKOLOSKY DATE: August 8, 2002 Mr. Noble Sokolosky has submitted to the City of Owasso a petition for annexation of property totaling approximately 292.22 acres, more or less. The subject property is actually located in two different Sections and is described as the S/W Quarter of Section 12 and a portion of the S/E Quarter of Section 12, Township 21 North, Range 13 East, as well as a portion of the E/2 of Section 13, Township 21 North, Range 13 East, Tulsa County Oklahoma. The complete legal descriptions are included in the legal advertisement for annexation which is attached for your information and review. A subject map is also included in your packet. Tract A of the subject property, totaling 160 acres, is currently zoned RE (Residential Estates) in Tulsa County. All property annexed by the City of Owasso is required to be zoned the lowest zoning classification (AG) or may retain the zoning classification obtained in Tulsa County. In this case, the applicant has requested to maintain the RE (Residential Estates) zoning on that portion of his annexation request. Please note that initially, the applicant had neglected to inform staff that retaining the RE (Residential Estates) zoning was his original intent. This required additional advertising of the annexation request and postponement of this item from being reviewed by the Planning Commission meeting in July. Tracts B and C of the subject property, respectively, total 132.22 acres, more or less. Both are currently zoned AG (Agriculture) and would remain zoned AG if annexation is approved. Any future rezoning request on any of the Tracts (A, B, or C) would require notification to property owners within 300' of the subject property as well as publication of the legal advertisement. Each parcel would also be required to be posted with a rezoning sign. Additionally, if annexation is approved, the subject property would have to go through all platting requirements of the City of Owasso prior to any development. The platting requirements consist of both Preliminary and Final Plat reviews before the Technical Advisory Committee and the Owasso Planning Commission, as well as Final Plat review before the City Council. All property development standards of the City of Owasso would be required to be adhered to such as paved streets, sidewalks, and storm water detention requirements. A copy of the City of Owasso's Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy. Originally, contiguity was a question regarding Tract A, however the applicant is proposing to annex public right -of -way in order to fulfill that requirement. Tract B is already contiguous via public right - of -way on Mingo Road. Notification of the annexation request was published a total of six times in the Owasso Reporter, due to the request to maintain RE zoning as well as the publication of an improper date. Originally, as mentioned previously within this report, the annexation request was published twice without the request to maintain the RE (Residential Estates) zoning classification. Those notifications were followed by one notification to notify the public of the annexation request to be heard by the Planning Commission on August 12, 2002, with the RE zoning included. That legal advertisement was followed by one of two required notifications to the public that the City Council would hear the annexation request on August 19, 2002. The August 19, 2002, date was incorrect, however, thus requiring correction. Those notices are being published August 8 and 15, 2002, respectively. The legal requirements for publication have been met and a copy of the Procedures for Annexation is attached for your information and review. The Owasso Annexation Committee reviewed the annexation request at their June 26, 2002, special meeting and unanimously recommended approval, contingent upon the contiguous issue being addressed. If approved by the Planning Commission, this item will be forwarded to the Owasso City Council for action at their August 20, 2002, regular meeting. If approved by the City Council, the subject property would be annexed and located in Ward 1. Staff received one visit and several phone calls and emails regarding the request. There is concern regarding how the subject property will develop (zoning density, development specifications, etc.) as well as storm water problems in the area. The City Manager, Mayor and Vice Mayor met with several of the property owners in the area regarding storm water concerns. This annexation request will likely generate large numbers of opposition relating to the above concerns. The primary question that needs to be addressed, however, is whether or not we (the City) feel it is in our best interest to have the city development standards govern how the subject property develops, rather than those of Tulsa County. It is staff's opinion that it is. RECOMMENDATION- Staff recommends approval of the annexation request. ATTACHNIRNTSi 1. Subject map 2 Copy of legal advertisement (contains annexation petition and legal description) 3. City of Owasso Annexation Policy 4. City of Owasso Procedures for Annexation OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, August 12, 2002 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Charles Willey Dale Prevett Dewey Brown Bill Williams MEMBERS ABSENT STAFF PRESENT Tim Rooney Marsha Hensley Robert Moore Eric Wiles The agenda for the regular meeting was posted at the north entrance to City Hall on July 15, 2002 at 12:00 PM. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF JULY 8, 2002 REGULAR MEETING - The Commission reviewed the minutes of July 8, 2002 Regular Meeting, Bill Williams moved, seconded by Dewey Brown to approve the minutes. A vote on the motion was recorded as follows: Ray Haynes - Yes Dale Prevett - Yes Charles Willey — Yes Dewey Brown - Yes Bill Williams — Yes The motion carried 5 -0. 4. Annexation Request — Noble Sokolosk_y — A request for the annexation of approximately 292 acres, more or less. The subject property is located west of Mingo Road, between E. 96'h Street North and E. 106°i Street North and east of Memorial Drive, between E. 106' Street North and E. 116' Street North. Tim presented the item and described the location. The subject property is located in two different Sections. Tract A totals 160 acres and is zoned RE (Residential Estates) in Tulsa County. The applicant has requested to retain this zoning classification. Tracts B and C of the property total 132.22 acres. Both are zoned AG (Agriculture) and would remain zoned AG if annexation is approved. Notification of the annexation request was published in the Owasso Reporter. The Owasso Annexation Committee reviewed the request and unanimously recommended approval, contingent upon the contiguous issue OWASSO PLANNING COMMISSION August 12, 2002 Page No. 2 being addressed. The property meets all of the requirements included within the Annexation Policy. Contiguity was a question regarding Tract A, however the applicant is proposing to annex the public right -of -way. Staff has received several phone calls and emails regarding this request. Staff recommends approval of the annexation request. The following are comments /concerns of several surrounding property owners that were in attendance: Matt Slavin — Not opposed to development on the subject property but has concerns with stormwater runoff. Owns a $250,000.00 home down slope and does not want flooding problems. Jan Thomas — Wanted clarification on Item #5 of the Annexation Policy. Also had questions regarding the police and fire coverage if annexation is approved. Requested a definition of RE (Residential Estates) zoning, such as the minimum size of lots, curb and guttering, sidewalks, etc. Doesn't want this subdivision to have the same flooding issues as Metro Heights I and H. Would like to see postponement of the annexation in order to make sure Tract C is correct. Sue Piggott — Would like items carefully reviewed. Offered to show the Commissions pictures of flooding within Metro Heights I and II. Glen Hereden — Owns vacant property on Memorial Drive, had questions regarding the supply of water. Also has a concern with the possibility of overloading the sewer system. Bill Mitchell — Attorney obtained by Jim and Bonnie Williams. He has concerns with the annexation of Tract C regarding the applicant annexing public right -of -way in order to fulfill the contiguity requirement. He stated that Tract C is owned by Mr. And Mrs. Williams. The location map does not show the curve on East 106" Street North and wants to make sure that the Williams' property is not being taken in by this annexation. Would like to have this request tabled until further notice in order to allow the surrounding property owners to study the situation. Phillip Barnes — Had questions regarding the amount of homesites Tract A will provide. Lonnie Lamb — Stormwater and sewer line concerns. Wanted to know who would be responsible if his land and house floods because of what the City of Owasso has approved. Audrey Hartcher — Questioned what Mr. Sokolosky and the City of Owasso is going to do for the Ranch Creek subdivision residents if this land is annexed. Expressed a desire for an environmental study to be performed prior to annexation. OWASSO PLANNING COMMISSION August 12, 2002 Page No. 3 Harold Ledbetter — Had stormwater concerns. Also had concerns regarding the possibility of Mr. Sokolosky requesting a higher density such as RS -3 in the future. Councilor Armstrong was present to address some of the citizen concerns. She explained that the Community Development Department has hired some new staff members and these issues will be reviewed. Ray Haynes stated that this is an annexation request, it will go through the platting process both with Preliminary and Final Plat reviews. Charles Willey asked if Tract B could be approved and table Tract A and Tract C until further notice. Tim explained that if Tract A and Tract C are tabled they would more than likely come before the Planning Commission for approval in September. Tract B would go to City Council on August 20, 2002. Following discussion, Ray Haynes moved to approve Tract B of the annexation request and to table Tract A and Tract C until further notice is given to the Commissioners on the legality of Tract C. Charles Willey seconded the motion. A vote on the motion was recorded as follows: Ray Haynes- Yes Bill Williams - Yes Charles Willey — Yes Dewey Brown — Yes Dale Prevett - Yes The motion carried 5 -0. Ray Haynes announced a 10- minute recess at 8:15 PM. The meeting reconvened at 8:25 PM. 5. Annexation Request — Owasso Sertoma Club — A request for the annexation of approximately 1.019 acres, more or less. The subject property is located on E. 76' Street North, immediately west of the SK &O railroad property. Tim presented the item and described the property location. The Annexation Committee reviewed the request and it was approved unanimously. No calls or letters have been received regarding this request. Staff recommends approval of the annexation request. Discussion was held regarding the platting process. Tim stated that Staff's goal is to alleviate the platting requirements for civic clubs such as Owasso Sertoma Club. Ray Haynes moved to approve the annexation request and to waive the platting requirements, Dale Prevett seconded the motion. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, September 9, 2002 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Charles Willey Dale Prevett (in at 7:05 PM) Dewey Brown Bill Williams MEMBERS ABSENT STAFF PRESENT Robert Moore Marsha Hensley Eric Wiles Tim Rooney The agenda for the regular meeting was posted at the north entrance to City Hall on September 3, 2002 at 12:00 PM. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF AUGUST 12, 2002 REGULAR MEETING - The Commission reviewed the minutes of August 12, 2002 Regular Meeting, Charles Willey moved, seconded by Dewey Brown to approve the minutes. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey — Yes Dewey Brown - Yes Bill Williams — Yes The motion carried 4 -0. 4. Annexation Request — Noble Sokolosky — A request for the annexation of approximately 292 acres, more or less. The subject property is located west of Mingo Road, between E. W' Street North and E. 106" Street North and east of Memorial Drive, between E. 106'h Street North and E. 116' Street North. This item was tabled at the August 12, 2002 regular meeting. Tim Rooney presented the item and explained the subject annexation was partially approved. Tract B was approved unanimously while Tracts A and C were tabled. At the August 12'h meeting there were questions relating to the described 10' strip of land, whether or not the contiguity requirements had been met and who owned the 10' strip. A memo from Mr. Cates was handed out to the Commissioners regarding the statutory section line right -of -way. Staff recommends approval of Tracts A and C as presented at the August Planning Commission meeting. The applicant, Mr. Noble Sokolosky was OWASSO PLANNING COMMISSION September 9, 2002 Page No. 2 present. Mr. Bill Mitchell, the attorney for Mr. and Mrs. Jim Williams, requested to approach the bench. Mr. Mitchell expressed concern with the statutory terminology of Section 21 -202, which states the need for annexed land to be contiguous. He also stated that if the Commissioners approve this request it will set precedence for any citizen of Owasso to include any property in an annexation request. Lengthy discussion was held concerning Tract C. Ms. Jan Thomas, a surrounding property owner, was concerned with the roadway easement not being large enough for the utilities. Following discussion, Ray Haynes moved to approve Tract A and Tract C of the annexation request. Dale Prevett seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Bill Williams - Yes Charles Willey — Yes Dewey Brown — Yes Dale Prevett - Yes The motion carried 5 -0. 5. Plat Amendment — Country Estates V — A request for the review of a plat amendment to Country Estates V, amending the deed of dedication of Lot 1, Block 8, and Lot 9, Block 3. Lot 1, Block 8 is located at the intersection of E. 122nd Street North and N. 108' E. Avenue. Lot 9, Block 3 is located at the intersection of E. 121 " Street North and N. 107' E. Avenue. Robert presented the item and described the property location. The applicant must supply the City of Owasso with 60% of the property owners within the addition endorsing the approval of the proposed amendment. Robert explained that the structure on Lot 1, Block 8, encroaches into the front building line by 4 feet. The structure on Lot 9, Block 3 is encroaching approximately 1.5 feet. The Technical Advisory Committee reviewed the request at their August 28, 2002 regular meeting, no comments was received. Mr. John Thompson of TLC Homes, Inc. was present to answer questions. Mr. Willey questioned the applicant as to whether the property was surveyed at the time of stemwall. Mr. Thompson stated that he has not surveyed Lot 1, Block 8 but does have one on Lot 9, Block 3. Mr. Haynes suggested from now on a string line be pulled in order to prove the correct lot lines. Staff recommends approval to amend the building setback lines of Lot 1, Block 8, and Lot 9, Block 3, from 25 feet to 21 feet and from 25 feet to 23.5 respectively. 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 owners of not less than three- fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to -wit: THE SOUTHWEST QUARTER (SW /4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, SAID TRACT CONTAINS 160.00 ACRES MORE OR LESS, SAID TRACT TO RETAIN IT'S RE (RESIDENTIAL ESTATES) ZONING, 0Q111 A PART OF THE EAST HALF (E /2) OF SECTION 13, TOWNSHIP 21 NORTH, RANGER EAST OF THE I. B. & M., TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF NE /4 OF NW /4 OF NE /4 OF SECTION 13; THENCE N 88 034'57" E ALONG THE NORTH LINE OF SECTION 13 FOR 292.05 FEET; THENCE S 0'15'19" E FOR 658.63 FEET TO A POINT ON THE SOUTH LINE OF THE NE /4 OF NW /4 OF NE /4; THENCE N 88 033'45" E FOR 381.01 FEET TO THE NORTHEAST CORNER OF THE SE /4 OF NW /4 OF NE /4; THENCE S 1006'11" E FOR 658.37 FEET TO THE SOUTHEAST CORNER OF NW /4 OF NE /4; THENCE N 88 032'34" E FOR 661.57 FEET TO THE SOUTHEAST CORNER OF THE SW /4 OF NE /4 OF NE /4; THENCE N 1 001'37" W FOR 673.60 FEET; THENCE N 88 034'57" E FOR 616.62 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF THE A. T. & S. F. RAILROAD; THENCE S 14 °16'12" W ALONG SAID RAILROAD RIGHT OF WAY FOR 4803.30 FEET TO A POINT ON THE SOUTH LINE OF SECTION 13; THENCE S 88 °24'55 W ALONG SAID SOUTH LINE FOR 662.00 FEET TO THE SOUTHWEST CORNER OF THE SE /4 OF SW /4 OF SE /4; THENCE N 1 010'53" W FOR 2634.64 FEET TO THE NORTHWEST CORNER OF THE NE /4 OF NW /4 OF SE /4; THENCE N 1 ° 10'44" FOR 2634.39 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINS 132.07 ACRES MORE OR LESS, AND THE SOUTH 10 FEET OF THE WEST 673.32 FEET OF THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, SAID TRACT CONTAINS .15 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 petition the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 8" day of July 2002. Owner: Noble Sokolosky NOTICE TO THE PUBLIC You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 8th day of July, 2002, and that said petition will be presented to the Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 15th day of October, 2002. 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, 111 N Main, Owasso, Oklahoma, 74055 or phone (918) 376 -1509. Dated at Owasso, Oklahoma, this 23rd day of September, 2002. Timothy D. Rooney Assistant City Manager MEMORANDUM TO: TIMOTHY ROONEY ASSISTANT CITY MANAGER FROM: RONALD D. CATES CITY ATTORNEY SUBJECT: ANNEXATION REQUEST MR. NOBLE SOKOLOSKY DATE: September 9, 2002 After having reviewed the Petition for Annexation, relevant documents supplied to me by you, and the pertinent statutory provisions, I am of the opinion that the "adjacent or contiguous" requirements of Oklahoma Statutes Section 2lfTQhfor annexation by the City of Owasso would be met. � ) Ronald D. Cates City Attorney NOBLE SOKOLOSKY ATTORNEY AND COUNSELOR AT LAW POST OFFICE Box 1013 CORNERSTONE CENTER 12340 EAST SETH STREET Nomr OWASSO. ONIAHOIAA 740$5 (918) 272 -0270 FAX (918) 272 -0199 September 5, 2002 Mr. Tim Rooney City of Owasso Owasso City Hall Owasso, Oklahoma Dear Tim: I am pleased to respond, at your request, to Mr. Williams's objection to our annexation request. My understanding is that Mr. Williams has no legal objection to the annexation petition; rather, he just doesn't want a fifteen foot strip of his property annexed into the city limits. First, I do not believe that the fifteen foot strip is even necessary in order for my two parcels to be considered "adjacent or contiguous ". Section 21 -102 provides that the two tracts shall be considered adjacent if they are separated only by the highway right of way: Where any territory to be annexed is separated from the corporate limits of the municipality onl b a railway right -of -way, an intervening strip Iess than four (4) rods wide, or a biahwav right -of -way, the territory shall be considered adjacent or contiguous to the municipality. 11 O.S.Supp.1999, § 21- 102(emphasis supplied). My two parcels are separated only by the county highway right of way just as my Mingo tract is separated from the existing city limits only by the railroad right of way. Second, there is no constitutional, statutory or city charter provision requiring that a fifteen foot strip(even if required) must be within a roadway easement or right of way. Even if there were such a requirement, the subject strip is clearly within the 16.5 foot statutory roadway right of way. We could have put the strip along Mr. Williams's east and north boundary and, because we have the requisite qualifying property, done so without his consent. The annexation does not impair Mr. Williams's use of his property and the fifteen foot strip would have to be dedicated as right of way upon any platting of the property, whether by the city or the county. Very truly yours, Noble 5okolosky 58(188.1 September 29, 2002 Mr. Tin Rooney, The Annexation Committee City of Owasso Owasso, Oklahoma Dear Mr. Rooney We would like to request the City of Owasso evaluate the importance of the 4 to Fix the County Bond issue, which is a tax ail of us in Tulsa County are paying. The multiple purposes of this tax are suited for different areas, the one we are most interested is flood mitigation, current floodplain maps and the potential of this information to the areas that already have flooding problems. Now, this information your city has not been able to study, is affordable to all communities within Tulsa County by purchasing GIS computer software. I have enclosed information to assist in your understanding of this request. (Special Management Conference, Aug. 14, 2002) Part of the reason for the 4 to Fix the County Tax was to stop flooding by having up -to -date information since the current flood maps nationwide were made in the late 1970's. A national program "No Adverse Impact" underwritten by FEMA, will make local governments and the community responsible for future land uses that cause no harm, a principal which seems logical for Owasso to readily adopt. To assist you in understanding the scope of this action, enclosed is a presentation given by Representative Thad Balkman at a conference of the Oklahoma Floodplain Managers Association this past spring. The citizens who live close to the upper Ranch Creek tributaries above and below E. 1064 St. N, between Mingo and Memorial, have talked to Tulsa County since last year about our flooding problems. We have been assured that our information is accurate and our location will be shown on the new flood maps. In addition to Tulsa County, the Corp of Engineers and the Oklahoma Water Resources Board have been provided with pictures of the water problems in this area. All agencies seem to agree that correcting our problems above 106'h St. N. would be easy to solve, but it will take years to get the creek below 106`h Street cleared of trees to allow the faster flow of water from our area. It seems that no county, city or state has enough funds to solve all their flooding problems, hence the need for current flood maps, stormwater flows and a basin study to mitigate problem areas and in turn, not create more flooding with future developments when land use plans do not consider future water flows. The reason we want the City of Owasso to embrace and work within the principals of No Adverse Impact, is simply the knowledge we have gained over the past year. Detention ponds, stormwater drainage systems, aerobic sewer systems, soil content, topography maps, designs for housing developments, construction of a pond uphill from a detention pond to slow the flow of water, all are dependent on current design criteria and sub - division development standards set by the local government. Last summer then Mr. Sokolsky applied for a residential zoning change in Tulsa County, we wanted to know how the water runoff would be controlled. Today, we still want to know how the water runoff will be controlled? After seeing the flooding problems at Metro I, the total disregard for personal property at Metro II as well as Honey Creek at Bailey Ranch, can you really blame us for wanting to know this answer? Of course, we realize it will depend on a plat submitted by the developer, however, your local standards and the variances allowed control the outcome. Currently the 160 acres (Tract A) above 106"' St. N. drains onto 3 or 4 different properties to the east (N. 92nd E. Ave) and south. The present storm water runoff into this same area flows from land elevations of 720 feet to the northwest above 116'' St. North and N. Memorial. The homes and property of those who live closest to the Ranch Creek tributaries on 106'' St. North receive water runoff from both directions, converging at the lowest elevation (636 R) in this square mile. And, there is no comprehensive stormwater drainage plan for this area, not even a basin study nor study of water flows. If houses are built in the floodplain just below 106'' St. N. and the land elevation is raised, how would this impact drainage above 106'h St. North? Consequently, future developments to the northeast of 106'' St. N., as projected on your Land Use Map, will increase the water flows and can raise the 100 -year floodplain. By this time, the developer has sold the lots and gone, the builder has sold his homes leaving more homeowners to become threatened with possible flooding. Future water flows must be studied to gain this knowledge. Hopefully, the City of Owasso as a whole will back No Adverse Impact and the public will not be shrugged off like the Planning Commission did in August 2002, by refusing to look at our flooding pictures —even when laid on the desk right in front of them. All committees and the City council should be made aware of existing flooding problems that have been identified by citizens anytime a new area is to be annexed. The Planning Commission can still vote to annex, and add the provision it is developed in accordance with a Planned Unit Development. Our residents showed proof of flooding problems in August and September 2001, before the development of Metro II. Three of the five current council members saw our photographs in addition to 4 of the current 5 planning commission members. A notebook of those photographs was delivered and signed for by the city planner, Donna Sorrells plus a letter with photos was given to Mr. Phil Lutz. In our opinion, there is no reason this problem was not addressed by the Planning Commission at their annexation hearings in August and September 2002. At a meeting on July 2, 2002 with Mr. Ray, Mayor Brogdon, Mr. Hehn and Mr. Lutz, we were told a regional detention facility had been discussed with Tulsa County 10 years ago, for the mine pits area east of N. Mingo Road because of the water problems. Yet, Country Estates was allowed to be developed as well as Metro I & II. What did the developer's project engineer show on his hydrology study? What did Owasso's flood plain manager and engineering staff show for the downstream effects from these developments? Currently all the water northeast of Mingo & 1160' St. N. as well as the new Metro I addition flow into ditches along Mingo Road and into a tributary across the private property at 11208 N. 97'h E. Ave (Powderhom Ranch). This 50 + \- acreage recently sold to a developer, what studies or criteria does Owasso currently have in place to control how this land is going to be developed that will cause no harm downstream, upstream or surrounding landowners? Stormwater from He St. North flows behind Hillside Estates into this acreage as well as the drainage from the east side of N. 92nd E. Ave. Stormwater from 116'' St. N. and Memorial flow on the west side of N. 92nd E. Ave. This neighborhood isn't trying to stop new development; we want responsible development from the City of Owasso, Tulsa County and the developers. We are not in favor of high density housing on Tract A that Mr. Sokolsky sought at the Tulsa Metropolitan Zoning Commission. We just want assurances that our homes and property are important and that proper handling of all water issues will be openly addressed with the surrounding landowners. Also, that the City of Owasso will hold its design criteria, sub - division regulations and floodplain management at the highest standards with all development, starting with the Annexation Committee, Planning Commission, City Council and all City government personnel. The 2010 Owasso Land Use Master Plan also acknowledges the need for sufficient infrastructure when addressing Issue S: Lack of a drainage and stormwaler plan. "Strive to implement a comprehensive drainage and stormwater plan for the fenceline geography of Owasso. Inventory and map all watersheds, identify regional detention areas that can also serve the dual use of park areas, especially in targeted areas of growth. Map and document all current problem areas. Revise current Engineering Design Criteria stormwater design standards. Adopt Federal Clean Water Act standards/best management practices as part of the subdivision regulations." Representative Balkman also discusses all the above items in his speech, as a necessity before allowing any development in a floodplain area. Issue 8 covers repairs and maintenance procedures of street signs in subdivisions using the GIS computer system. As explained by Jim Leach of the Corp of Engineers, this system can now be used for floodplain analysis to arrive at future water flows in a given area and the base information is supplied by the 4 to Fix bond issue which is being paid by all Tulsa County residents. By having a comprehensive stormwater plan, all future developments can be guided to the proper placement of structural stormwater controls, whether above or below ground level. As devel- opers build according to the stormwater design criteria, all homes and properties upstream and downstream will not be in danger of flooding nor inundated with water. Please review the attached information and the CD tape of current flooding problems in the office of the Owasso City Planner. We will continue to take photographs of our area anytime it rains and update the CD when possible. Tulsa County has requested this information for mapping purposes on our watershed area. Thank Y u. ue Piggott and 4thC 'zens for Responsible Rural Development 8500 E 116'` St. N. Owasso, Ok. 74055 371 -0143 or E -Mail thenieeotts@.worldnet.att.net Distribution of this letter: PLANNING COMMIS Ray Haynes, Chairman Charles Willey Dewey Brown Bill Williams Dale Prevett TECHNICAL ADVISORY COMMISSION Dale Johnson, Superintendant of Schools Ray Jordan, Tulsa County Engineer Phil Lutz, Flood Plain Manager Kris DeMauro, Fire Marshall Robert Moore, City Planner Jim Greene, Police Chief Rodney Ray, City Manager ANNEXATION COMMITTEE Charles Warren Robert Moore (also TAC) Eric Wiles, Economic Development Gary Cochran (City Council) Bob Allen, Fire Chief Jim Greene (also TAC) Robert Can, Public Works Director Rebecca Armstrong (City Council) Tim Rooney, Assistant City Manager Rodney Ray, (also TAC) Mike Ames Ray Haynes (also Planning Comm) Charles Willey (also Planning Comm) CITY CLERK, Marsha Boutwell MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: ORDINANCE NO. 718 DATE: October 22, 2002 BACKGROUND: At the October 15, 2002 meeting, the Owasso City Council unanimously approved a request for annexation of property totaling approximately 292.22 acres described as portions of land located within Sections 12 and 13, Township 21 North, Range 14 East. The subject properties are generally located between Memorial and Mingo and E. 96' Street North and E. 116' Street North. A location map is attached for your information and review. Attached is a copy of Ordinance No. 718 which formally adopts the City Council's action of October 15, 2002. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 718. ATTACHMENTS: 1. Location Map 2. Ordinance No. 718 1` til Scale 1' -505' Exhibit of Part of Sections 12 and 13 T -21 -N, R -13 -E Tulsa County, Oklahoma 1 0 poxes Legal Description TRACT A ME SWMWEST WARTER (SW /4) OF SECTON 12, rOWNSNP 21 NORM. RANGE 13 EAST OF TK I.0.6 N,. MMA C"TY. ONWIg1A. SAN] TRACT CONTAINS 11OW ACRE MORE OR SEES. TRACT B A PAAT O THE EAST NA{F (E /2) OF SECYU,U 13, TOWNSHIP 21 .714, RANGE 13 EAST OF ME I. 8 R k, IMLU <WXTY, STATE OF I21ANOVA. MORE PARIIQAAREY DESCAOW AS F=OW 1EONNWO AT THE NORTHWEST CORREA OF NE /4 OF NW /4 OF K/4 OF SECTOR M. MENFF H BEW.nr E NAND TE NORM ldiE OF MCIION 13 FOR 392M FEET; THFKS 5 M31ir E FOR 1390.] FEET TO A PONr OU ME SWTH MNE OF THE NE /4 OF NW /4 OF NE/4: THENCE N 11'SS45• E FOR 311,01 PEST TO ME NORTIEAST CORNEA OF ME SE/4 OF NW /4 OF W /4; THENCE S 191.11• E FOR 156 FEET TO THE SOUTHEAST CORNER OF NW // OF K /4; THENCE N 1112.34• E FOR 111.57 FEET TO THE SOUTHEAST CONRER O THE SW /4 O NE /4 O K/k MINCE N ITH-V W FOR 11310 FEET. THEME N BSN'ST E FOR 111.02 FEET TO A POUT ON ME WESTERLY RIGHT OF WAY W THE A T. Y S F. RNL40M: RIEY2 5 141112• W ALONG MO RNIAOAD MFNT OF WAY FOR 001320 FEET TO A PONr ON THE 5WTH MNE O SECTIW 13: THENCE S 012F35 W ALONG SAN SOUTH TO THE UNE FOR THENCE Ne1O�]•FW ]FOR 2634.6+ FEET To THE CORNER R CORNER OF ME NE /4 OF NW /4 OF SEA THENCE N IICT • W FOR 2034.30 FEET TO THE POINT OF 9EONNNO, S R) TRACT CONTAINS 1320) ACRES MORE OR t act C pees W�5 SST N 401 Ny W. 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W.IHOAN )OII FK (91U51I -9'rN 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 owners of not less than three- fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to -wit: THE SOUTHWEST QUARTER (SW /4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, SAID TRACT CONTAINS 160.00 ACRES MORE OR LESS, SAID TRACT TO RETAIN IT'S RE (RESIDENTIAL ESTATES) ZONING, AND A PART OF THE EAST HALF (E /2) OF SECTION 13, TOWNSHIP 21 NORTH, RANGEI3 EAST OF THE I. B. & M., TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF NE /4 OF NW /4 OF NE /4 OF SECTION 13; THENCE N 88 034'57" E ALONG THE NORTH LINE OF SECTION 13 FOR 292.05 FEET; THENCE S 0'15'19" E FOR 658.63 FEET TO A POINT ON THE SOUTH LINE OF THE NE /4 OF NW /4 OF NE /4; THENCE N 88 °33'45" E FOR 381.01 FEET TO THE NORTHEAST CORNER OF THE SE /4 OF NW /4 OF NE /4; THENCE S 1 006'11" E FOR 658.37 FEET TO THE SOUTHEAST CORNER OF NW /4 OF NE /4; THENCE N 88 032'34" E FOR 661.57 FEET TO THE SOUTHEAST CORNER OF THE SW /4 OF NE /4 OF NE /4; THENCE N 1 °01'37" W FOR 673.60 FEET; THENCE N 88 034'57" E FOR 616.62 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF THE A. T. & S. F. RAILROAD; THENCE S 14 016'12" W ALONG SAID RAILROAD RIGHT OF WAY FOR 4803.30 FEET TO A POINT ON THE SOUTH LINE OF SECTION 13; THENCE S 88 °24'55 W ALONG SAID SOUTH LINE FOR 662.00 FEET TO THE SOUTHWEST CORNER OF THE SE /4 OF SW /4 OF SE /4; THENCE N 1 °10'53" W FOR 2634.64 FEET TO THE NORTHWEST CORNER OF THE NE /4 OF NW /4 OF SE /4; THENCE N 1 ° 10'44" FOR 2634.39 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINS 132.07 ACRES MORE OR LESS, AND THE SOUTH 10 FEET OF THE WEST 673.32 FEET OF THE SOUTHWEST QUARTER (SW /4) OF THE SOUTHEAST QUARTER (SE /4) OF SECTION 12, TOWNSHIP 21 NORTH, RANGE 13 EAST OF THE I.B. & M., TULSA COUNTY, OKLAHOMA, SAID TRACT CONTAINS .15 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 petition the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 8' day of July 2002. Owner: Noble Sokolosky NOTICE TO THE PUBLIC You are hereby advised that the above petition for annexation was filed with the Community Development Department of the City of Owasso on the 8th day of July, 2002, and that said petition will be presented to the Owasso Planning Commission at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 12th day of August, 2002. 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, 111 N Main, Owasso, Oklahoma, 74055 or phone (918) 376 -1509. Dated at Owasso, Oklahoma, this 8th day of July, 2002. Timothy D. Rooney Assistant City Manager Exhibit of Part of Sections 12 and 13 T -21 -N, R -13 -E Tulsa County, Oklahoma soae: T'soo' 1 O Notes E Legal Deacriptlon — TRACT A ONE 5011NW£ST QUARTER (SW /4) OF SECTON IZ TOWNSHIP N NORM. RANGE 13 EAST OF THE 1.0.4 4,. NLSA OWNTY, tl(WIwA. w0 TRACT CONTAINS IBaW ACRES MORE M UM TRACT 8 A PART OF ME EAST HALF (E /2) OF SECPON 13. TOWNSHIP 21 NORTH. RANGE 13 EAST CF ME I. & & M.. MLSA CWNTY. STATE OF C OAA. MOPE PARTC"LY DESCRI8E0 AS F=GAM BEONNINO AT TIE NORTHWEST CMNER OF NE /4 OF NW /4 OF NE /4 OF SECTW M. TIa1Q N MV 4.57' E HONG THE NORTH LME OF SECTON 13 FOR 29LM FEET; THENCE 5 MIS* FOR 83&83 FEET TO A PONT ON ME SWTH UNE OF THE NER OF NW /4 OF NE/4: THENCE N 9.']3'43' E FOR 301.01 f¢T TO THE NORTHEAST CORNER OF 1NE SE /A OF NW /4 OF NE /4; THENCE 5 IVS'I l' E FOR 858.37 FEET TO THE SOUTHEAST CORNER OF NW/1 OF W /4; THENCE N 8872'34' E FOR 801.37 FEET TO THE SOUMEAST OCRNER OF THE SW /4 OF NE/4 OF NE /N iNENCE N MTV W FOR 87180 FEET: THENCE N 8834'S7- E FOR 81B .R2 FEET TO A PONT ON ME WSiERLY RIGMt OF WAY OF THE A. T. 4 & F. RANAOAO: THENCE 5 1418'12' W ALONG ONG RAIIROAO AOT FF WAY FOR H803.30 FEET TO A PONT ON THE SWM UNE M SECTW 13: THENCE 5 8824'55 W ALONG SAID SOUTH UNE FOR 48100 FEET TO THE SWMNEST CORNER OF ME SE/4 OF SWp OF SE/4; THENCE N 110'53' W FOR Mk14 FEET TO THE NORTHWEST CORNER OF ME NE /4 OF NW /4 OF M/N THENCE N 11tH' W FOR 283AM FEET TO ME PONT OF BEGINNING SARI TRACT CONTAINS 13207 ACRES MORE OR LESS. 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