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HomeMy WebLinkAbout738_Annexation_49.99 Acres_SE N 97 E Ave & E 116 St N_Phyllis J sokolosky Living TrustTulsa County Clerk - EARLENE WILSON Doc# 03025698 Pgs 3 BAP 6944/0201-0203 Receipt # 638786 02/25/03 12:55:04 00067-8 86011 Fee 17.00 CITY OF OWASSO ORDINANCE NO. 738 AN ORDINANCE ACCPETING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN SECTION 7, 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 ORDINANICE. 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; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OFT E CITE' 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: PART OF LOTS ONE (1) AND TWO (2) AND PART OF THE NE 1/4 OF THE NW 1/4 OF SECTION 7, T 21 N, R 14 E OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICUL,ARY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NW 1/4, THENCE N 00°01'25" E, ALONG THE WEST LINE OF SECTION 7, 1893.60 FEET; THENCE S 89°32'48" E, 1418.77 FEET; THENCE S 15°52'09" W, ALONG THE ATCHISON TOPEKA & SANTA FE RIGHT OF WAY, 1962.46 FEET; THENCE NORTH 89°39'24" W, 882.91 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 2m 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. APPROVED this 21St day of January, 2003. City of City Clerk APPROVED AS TO FORM: Stephen P. Gray, City APPROVED AS TO CONTENT: Robert Moore, City Planner Ordinance #738 CITY OF OWASSO (New Public Works Facility) County E. 116 m N. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ANNEXATION REQUEST PHYLLIS J. SOKOLOSKY LIVING TRUST (S7 — T21N — R14E) DATE: December 17, 2002 BACKGROUND: The City of Owasso has received a request for the annexation of property lying within Section 7, Tulsa County. The subject property is located on the east side of N. 97th East Ave. approximately 800 feet south of the N. 97th East Ave. and E. 116th St. N. intersection. The subject property totals 49.99 acres, more or less. A general area map and a complete legal description have been included with your packet. The applicant is requesting this annexation petition in order to construct RS -3 (Residential Single Family High Density District) typical homes. 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 residential 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 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 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. ANNEXATION COMMITTEE: The City of Owasso Annexation Committee reviewed the proposal at the November 27, 2002 Special Meeting and unanimously recommended approval. SOKOLOSKY ANNEXATION 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 Council approval of the request to annex into the corporate limits of the City of Owasso 49.99 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 (Phyllis J. Sokolosky Living Trust- Section 7, T 21 N, R14 E) STAFF REPORT BACKGROUND The City of Owasso has received a request from D.M. Sokolosky, applicant, on behalf of the Phyllis J. Sokolosky Living Trust, owner, for the annexation of approximately 49.99 acres + / -. The subject property is located on the east side of Mingo Rd. approximately 800 feet south of the 116`h St. N. and Mingo 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 Vacant SURROUNDING LAND USE North: Vacant South: Residential - Single Family East: Public - Owasso Sports -Plex (Across railroad right -of -way) West: Residential - Single Family PRESENT ZONING AG (Agricultural District) - Tulsa County SURROUNDING ZONING North: CS (Commercial General District) South: RS -3 (Residential Single Family High Density District) East: AG (Agricultural District) West: AG (Agricultural District) ANALYSIS The applicant is requesting this annexation petition in order to construct single family residential structures. The subject property, totaling 49.99 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 residential 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. 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 one phone call in opposition to 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 proposed annexation. At that meeting, the Annexation Committee recommended conditional approval subject to the following condition: 1. The applicant provides clarification as to whether or not the site is contaminated or requires environmental remediation prior to development. Staff contacted the Oklahoma State Department of Mines for clarification on the issue surrounding the Annexation Committee's condition of approval. Attached for your information and review is a copy of the letter submitted by Ms. Everette, Coal Permitting Officer for the Department of Mines. Staff feels that the information contained within the attached letter is sufficient for the Annexation Committee's purposes. RECOMMENDATION Staff recommends approval of the request by the Phyllis J. Sokolosky Living Trust to annex into the corporate limits of the City of Owasso approximately 49.99 acres + / -. ATTACHMENTS 1. General Area Map. 2. Applicant's Annexation Application. 3. City of Owasso Annexation Policy. 4. City of Owasso Procedures for Annexation. 5. Legal Notice. 6. Letter from the Oklahoma Department of Mines. Soc' Realty D.M. 'Soc' Sokolms y P.O. Box 8 October 21, 2002 Owasso, Okla. 74055 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: Part of Lots One (1) and Two (2) and part of the Northeast Quarter of the Northwest Quarter (NE /4 NW /4) of Section Seven (7), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, more particulary described as follows, to wit: Beginning at the Southwest Corner of the said Northwest Quarter (NW /4) THENCE North 0 °01' 25" East, along the West line of Section 7, 1893.60 feet; THENCE South 890 32' 48" East, 1418.77 feet; THENCE South 15° 52' 09" West, along the Atchison Topeka & Santa Fe Right of Way, 1962.46 feet; THENCE North 89° 39' 24" West, 882.91 feet to the POINT OF BEGINNING 17 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 21 day of October, 2002. PHYLLIS J. SOKOLOSKY LIVING TRUST created by Declaration of Trust dated December 20, 1990 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: PART OF LOTS ONE (1) AND TWO (2) AND PART OF THE NE /4 OF THE NW �/4 OF SECTION 7, T 21 N, R 14 E OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SAID NW �/4, THENCE N 00 001'25" E, ALONG THE WEST LINE OF SECTION 7, 1893.60 FEET; THENCE S 89 032'48" E, 1418.77 FEET; THENCE S 15 °52'09" W, ALONG THE ATCHISON TOPEKA & SANTA FE RIGHT OF WAY, 1962.46 FEET; THENCE NORTH 89 °39'24" W, 882.91 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 21" day of October 2002. Owner: Phyllis J. Sokolosky Living Trust 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 21" 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 7 "' 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' day of December, 2002 Robert Moore City Planner City of Owasso Community Development Department I I I North Main P.O. Box 180 Owasso. Oklahoma 71055 Phone: (918) 3 76-1543 Fax: (9 13) 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 A N- EXATION: I. City Council direction to study the annexation of property. 2. Notice published two consecutive weeks in the Owasso Reporter of a Planning Commission Hearin; 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. 738 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 49.99 acres, more or less. The subject property is located on the east side of N. 97`1 E. Ave. approximately 800 feet south of the N. 970' E. Ave. and E. 116 " St. N. intersection. Attached is a copy of Ordinance No. 738, which formally adopts the City Council's action of January 7, 2003. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 738. ATTACHMENTS: 1. Ordinance No. 738.