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HomeMy WebLinkAbout737_Annexation_2.75 Acres_NE E 96 ST N & Garnett Rd_Buddy McCarty LLCTulsa County Clerk - EARLENE WILSON Doc # 03025697 Pgs 3 6944/0198-0200 Receipt # 638786 02/25/03 Fee 17.00 000638786010 CITY OF OWASSO ORDINANCE NO. 737 AN ORDINANCE ACCPETING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDIANCE 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 PRERSONS 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 FLILING 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 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 January 7, 2003 at 6:30 p.m. at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 7th day of January, 2003, 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. 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 DESCRIBED AS BEGINNING 594 FEET WEST OF THE SOUTHEAST CORNER OF THE SW/40F THE SW 1/4 OF SECTION 17, T 21 N, R 14 E, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT 594 FEET WEST OF SAID SW 1/4, THENCE WEST TO A POINT ALONG THE SOUTH LINE OF SECTION 17, 399.3 FEET; THENCE NORTH, 300 FEET; THENCE EAST, 399.3 FEET; THENCE SOUTH, 300 FEET TO THE POINT OF BEGINNING. 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 I 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 3m 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. APPROVED this 21St day of January, 2003. 1, City Clerk City of Owasso, Oklahoma Michae Helm, Mayor APPROVED AS TO FORM: Stelien P. Ciray, City APPROVED AS TO CONTENT: Robert Moore, City Planner Ordinance #737 City of Owasso SUBJECT PROPERTY CITY OF OWASSO Community Development MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ANNEXATION REQUEST BUDDY MCCARTY, L.L.C. (S17 — T21N — R14E) DATE: December 17, 2002 BACKGROUND: The City of Owasso has received a request for the annexation of property lying within Section 17, Tulsa County. The subject property is located on the north side of E. 96th St. N. approximately 300 feet east of the E. 96th St. N. and N. Garnett Rd. intersection. The subject property totals 2.75 acres, more or less. A general area map and a complete legal description have been included with your packet. The applicant is requesting the review of this annexation petition in order to eventually allow commercial development on -site. The subject property is currently zoned AG (Agricultural) in Tulsa County. All property annexed into the City is required to be zoned the lowest zoning classification (AG) or retain the zoning classification obtained in Tulsa County. A potential rezoning request to allow for commercial uses would require notification to property owners within 300', as well as publication of a legal advertisement in the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such time that a rezoning was requested. If the annexation were approved and prior to any development, the applicant would be required to apply for and receive plat approval from the City of Owasso. This approval would consist of not only the Preliminary and Final Plat reviews by the Technical Advisory Committee and Planning Commission, but also Final Plat approval from City Council. Any development that occurs on the subject property would be required to adhere to all subdivision and zoning requirements, including but not limited to paved streets, sidewalks and stormwater detention facilities. ANNEXATION COMMITTEE: The City of Owasso Annexation Committee reviewed the proposal at the November 27, 2002 Special Meeting and unanimously recommended approval. MCCARTY ANNEXATION REQUEST DECEMBER 17, 2002 PAGE 2 PLANNING COMMISSION: The Owasso Planning Commission at the December 9, 2002 regularly scheduled meeting unanimously recommended approval of the petition. If the request is approved by the City Council, an ordinance will be presented at the January 21, 2003 City Council meeting formally adopting the approval. RECOMMENDATION: Staff recommends City Council approval of the request to annex into the corporate limits of the City of Owasso 2.75 acres, more or less. ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report. 3. Annexation Petition. 4. Legal Advertisement. 5. Annexation Policy. 6. Annexation Procedures. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ANNEXATION (Buddy McCarty- Section 17, T 21 N, R14 E) STAFF REPORT BACKGROUND The City of Owasso has received a request from Buddy McCarty, applicant /owner, for the annexation of approximately 2.75 acres + / -. The subject property is located on the north side of 96th St. N. approximately 300 feet east of the 96th St. N. and Garnett Rd. intersection. A general area map and a complete legal description have been attached for your information and review. LOCATION See attached legal description. EXISTING LAND USE Residential - Single Family SURROUNDING LAND USE North: Vacant South: Vacant East: Residential - Single Family West: Vacant PRESENT ZONING AG (Agricultural District) - Tulsa County North: CG (Commercial General District) South: AG (Agricultural District) - Tulsa County East: AG (Agricultural District) - Tulsa County West: CG (Commercial General District) ANALYSIS The applicant is requesting this annexation petition in order to accommodate commercial development on site. The subject property, totaling 2.75 acres +/- is currently zoned AG (Agricultural) in Tulsa County. All property annexed into the City is required to be zoned the lowest zoning classification (AG) or retain the zoning classification obtained in Tulsa County. However, the current Tulsa County zoning, as mentioned above, is AG thereby leaving the applicant with no option but to accept an AG zoning classification. A potential rezoning request to allow for commercial uses would require notification to property owners within 300' of the property as well as publication of a legal advertisement in the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such time that a rezoning was requested. If the annexation were approved and prior to any development, the applicant would be required to apply for and receive approval from the City of Owasso. This approval would consist of not only the Preliminary and Final Plat reviews by the Technical Advisory Committee and Planning Commission, but also Final Plat approval from City Council. All development that potentially occurs on the subject property would be required to adhere to all subdivision and zoning requirements including but not limited to paved streets, sidewalks and stormwater detention facilities. A copy of the Annexation Policy is attached for your information and review. The subject property meets all of the requirements included within the policy with the exception of tract size. However, staff should point out that the policy is merely a guideline and should not be considered concrete. Staff recommends that this Commission exercise some flexibility in reviewing the applicant's request. Staff feels that it is in the best interest of the City of Owasso to have the City's development standards govern the development of this parcel rather than Tulsa County. Staff published legal notice of the annexation petition in the November 14, 2002 edition of the Owasso Reporter. Staff has received no phone calls or correspondence concerning the request. Staff will publish two consecutive legal notifications in the Owasso Reporter prior to City Council review of the petition. If this Commission approves the annexation petition, the petition will be forwarded to City Council for final review and approval. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the proposed annexation at their November 27, 2002 regular meeting. At that meeting, no opposing comments were sited by staff or utility providers. OWASSO ANNEXATION COMMITTEE The Owasso Annexation Committee, at their November 27, 2002 Special Meeting, reviewed the petition and unanimously recommended approval. RECONLMIENDATION Staff recommends approval of the request by Buddy McCarty, to annex into the corporate limits of the City of Owasso approximately 2.75 acres + / -. ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Petition. 3. City of Owasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. 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: A tract of land described as beginning 594 feet west of the southeast corner of the sw/4 of the sw/4 of section 17 t21n r14e of the Indian Base and meridian, Tulsa county, State of Oklahoma; thence West 399.3 feet to a point; thence north 300 feet to a pont; thence east 399.3 feet to a point; thence south 300 feet to the point of beginning 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 r I estate into the City Limits of said City. Dated ,29 day of October, SEAL Tulsa County ; Notary Public in and for State of Oklahoma My commission expires Jan. 20, 2006. 1 PLAT OF SURVEY 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: A TRACT OF LAND DESCRIBED AS BEGINNING 594 FEET WEST OF THE SOUTHEAST CORNER OF THE SW 1/4 OF THE SW 1/4 OF SECTION 17, T 21 N, R 14 E, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT 594 FEET WEST OF SAID SW 1/4, THENCE WEST TO A POINT ALONG THE SOUTH LINE OF SECTION 17, 399.3 FEET; THENCE NORTH, 300 FEET; THENCE EAST, 399.3 FEET; THENCE SOUTH, 300 FEET TO THE POINT OF BEGINNING. 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 29TH day of October 2002. Owner: Buddy McCarty 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 30' day of October, 2002, and that said petition will be presented to the City of Owasso City Council at the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 6:30PM on the Th day of January, 2003. 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 by phone (918) 376 -1543. Dated at Owasso, Oklahoma, this 12°i day of December, 2002 Robert Moore City Planner City of Owasso Community Development Department t I I North :Plain P.O. Box 180 Owasso. Oklahoma 74055 Phone: (9 18) 3 76-1543 Fax: (913)376 -1597 ANNEXATION POLICY The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. 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, Agricultural (AG). 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 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 City Council on March 1, 1988. 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 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. Adopted by City Council on March 1, 1993. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ORDINANCE NO. 737 DATE: January 10, 2003 BACKGROUND: At the January 7, 2003 meeting, the Owasso City Council unanimously approved a request for the annexation of property totaling approximately 2.75 acres, more or less. The subject property is located on the north side of E. 96 "' St. N. approximately 300 feet east of the E. 96`h St. N. and N. Garnett Rd. intersection. Attached is a copy of Ordinance No. 737, which formally adopts the City Council's action of January 7, 2003. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 737. ATTACHMENTS: 1. Ordinance No. 737. C CITY OF OWASSO ORDINANCE NO. 737 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 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 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. 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 January 7, 2003 at 6:30 p.m. at the Community Center, Owasso, Oklahoma; and WHEREAS, on the 7' day of January, 2003, 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. 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 DESCRIBED AS BEGINNING 594 FEET WEST OF THE SOUTHEAST CORNER OF THE SW % OF THE SW V. OF SECTION 17, T 21 N, R 14 E, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT 594 FEET WEST OF SAID SW 1/4, THENCE WEST TO A POINT ALONG THE SOUTH LINE OF SECTION 17, 399.3 FEET; THENCE NORTH, 300 FEET; THENCE EAST, 399.3 FEET; THENCE SOUTH, 300 FEET TO THE POINT OF BEGINNING. 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 I 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. PASSED AND APPROVED this 21" day of January, 2003. ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Stephen P. Gray, City Attorney APPROVED AS TO CONTENT: Robert Moore, City Planner Ordinance #737 City of Owasso, Oklahoma Michael Helm, Mayor