HomeMy WebLinkAbout745_OA 03-02_11.22 Acres N E 116 St N & Garnett RdTulsa County Clerk - EARLENE WILSON
Doc # 03075040 Pgs 3 b/p 7021/2419-2421
Receipt # 657715 05/27/03
Fee 17.00
000657715008
CITY OF OWASSO
ORDINANCE NO. 745
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF
OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN
SECTION 6, 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 PRT OF WARD ONE OF SAID
CITY AN DIRECTING THE FILING OF THIS ORDINANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the
Oklahoma Statues, 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 proerty 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 March 18, 2003 at 6:30 PM at the
Community Center, Owasso, Oklahoma; and
WHEREAS, on the 18th day of March, 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 IN A PART OF THE E/2 OF SECTION 6, T-21-N, R-1 4-E, OF THE
IB&M, IN THE CITE' OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING SE CORNER OF THE SE/4 OF SAID SECTION : THENCE N 00°05'14"
E ALONG THE EST LINE OF SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE NORTH ALONG SAID EAST LINE, A
DISTANCE OF 70.48 FEET TO THE SE CORNER OF THE NE/4 OF SAID SECTION;
THENCE N 00°05'19" E ALONG THE EAST LINE OF SAID NE/4, A DISTANCE OF
558.01 FEET; THENCE N 89°39'43" W, A DISTANCE OF 485.00 FEET; THENCE N
00°05'08" E, A DISTANCE OF 100.00 FEET; THENCE N 89°39'43" W A DISTANCE OF
176.76 FEET; THENCE S 00°06'48" W, A DISTANCE OF 634.24 FEET; THENCE S
00°01'50" W, A DISTANCE OF 294.08 FEET; THENCE S 89°41'20" E, A DISTANCE OF
300.00 FEET; THENCE N 00°04'37" E, A DISTANCE OF 199.62 FEET; THENCE S
89°40'22" E, A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING,
CONTAINING 11.33 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.
PASSED AND APPROVED this 1St day of April, 2003.
ATTEST:
Maria Boutwell, City Clerk
OWASSO, OKLAHOMA
elm, Mayor
APPROVED AS TO FORM:
Stephen P. Gray, City Attorney
APPROVED AS TO CONTENT:
Robert Moore, City Planner
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: OA 03 -02 - ANNEXATION REQUEST - DG &S PROPERTIES
DATE: March 11, 2003
BACKGROUND:
The City of Owasso has received a request from DG &S Properties, applicant(s) /owner(s), for
the annexation of approximately 11.33 acres, more or less. The subject property is located on
the west side of N. Garnett Rd., approximately 2,640 feet north of the E. 116th St. N. and N.
Garnett Rd. intersection. A general area map and a complete legal description are included
with your packet.
The applicant is requesting this annexation petition in order to complete Country Estates VI, a
residential subdivision. The property is bordered on the south, west, and north by Country
Estates III, IV and V, respectively. The applicant has completed the infrastructure and utility
construction while the property remained in Tulsa County. Additionally, the applicant has
forwarded copies of construction plans and the preliminary plat to ensure that the property
would meet City of Owasso development standards. City of Owasso Public Works
Department staff has informed this office that all infrastructure construction completed to date
meets City standards.
ANALYSIS:
The property is currently zoned AG (Agricultural General District) in Tulsa County and would
remain this same zoning classification upon annexation. The applicant has applied for a
change in the zoning classification from AG (Agricultural General District) to RS -3
(Residential Single Family High Density District). This application is scheduled for the April
7, 2003 regular meeting of the Owasso Planning Commission. Prior to the scheduled public
hearing, a rezoning sign will be posted on the property and property owners within 300' of the
property will be notified. All development that occurs on the subject property must 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. In this particular case however, staff feels that the application is simply an addition to an
existing subdivision and denial of the request would prove to be counter- productive to the
goals and objectives outlined within the City's 2010 Master Plan. Staff believes that it is in
the best interest of the City of Owasso to annex this property rather than relying on Tulsa
County to serve the site once completed.
TECHNICAL ADVISORY COMMITTEE:
The annexation petition was reviewed at the February 26, 2003 regular meeting of the City of
Owasso Technical Advisory Committee. Staff or utility providers provided no comments.
ANNEXATION COMMITTEE:
The Owasso Annexation Committee reviewed the annexation petition at the February 26, 2003
special meeting. At that meeting, the item was unanimously recommended for approval.
PLANNING COMMISSION:
The Owasso Planning Commission at the March 10, 2003 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 April 1,
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 11.33 acres, more or less.
ATTACHMENTS:
1. General Area Map.
2. Planning Commission Staff Report (w /o attachments).
3. OA 03 -02 Application.
4. City of Owasso Annexation Policy.
5. City of Owasso Procedures for Annexation.
6. Legal Notice.
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OA 03 -02
(DG &S Properties — 6- 21 -14)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from DG &S Properties, applicantlowner, for the
annexation of approximately 11.33 acres, more or less. The subject property is located on the
west side of N. Garnett Rd., approximately 2,640 feet north of the E. 116'h St. N. and N.
Garnett Rd. intersection. A general area map and a complete legal description are attached for
your information and review.
LOCATION
See attached legal description.
EXISTING LAND USE
Vacant
SURROUNDING LAND USE
North: Residential — Single Family
South: Residential — Single Family
East: Vacant
West: Residential — Single Family
PRESENT ZONING
AG (Agricultural District) — Tulsa County
SURROUNDING ZONING
North: RS -3 (Residential Single Family High Density District)
South: RS -3 (Residential Single Family High Density District)
East: AG (Agricultural District) — Tulsa County
West: RS -3 (Residential Single Family High Density District)
ANALYSIS
The applicant is requesting this annexation petition in order to complete Country Estates VI,
a residential subdivision. The property is bordered on the south, west, and north by Country
Estates III, IV and V, respectively. The applicant has completed the infrastructure and utility
construction while the property remained in Tulsa County. Additionally, the applicant has
forwarded copies of construction plans and the preliminary plat to ensure that the property
would meet City of Owasso development standards. City of Owasso Public Works
Department staff has informed this office that all infrastructure construction completed to
date meets City standards.
The property is currently zoned AG (Agricultural General District) in Tulsa County and
would remain this same zoning classification upon annexation. The applicant has applied for
a change in the zoning classification from AG (Agricultural General District) to RS -3
(Residential Single Family High Density District). This application is scheduled for the April
7, 2003 regular meeting of the Owasso Planning Commission. Prior to the scheduled public
hearing, a rezoning sign will be posted on the property and property owners within 300' of
the property will be notified. Additionally, applications forthcoming include preliminary and
final plats. All development that occurs on the subject property must 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. In this particular case however, staff feels that the application is simply an addition to
an existing subdivision and denial of the request would prove to be counter- productive to the
goals and objectives outlined within the City's 2010 Master Plan. Staff believes that it is in
the best interest of the City of Owasso to annex this property rather than relying on Tulsa
County to serve the site once completed
Staff published legal notice of the annexation petition in the February 20, 2003 edition of the
Owasso Reporter. The required legal notification will continue for three consecutive weeks
prior to City Council review. Furthermore, staff has received no phone calls or
correspondence concerning the request.
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
February 26, 2003 regular meeting. At that meeting, no opposing comments were sited by
staff or utility providers.
OWASSO ANNEXATION COMMITTEE
The Owasso Annexation Committee reviewed the proposed annexation at their February 26,
2003 Special Meeting. At that meeting, the Annexation Committee unanimously
recommended approval of the request.
RECOMMENDATION
Staff recommends approval of the request by the DG &S Properties to annex into the
corporate limits of the City of Owasso approximately 11.33 acres, more or less.
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.
BEFORE THE HONORABLE
CrrY COUNCIL OF
TIgEE CrFY OF OWASSO, OKLAHOMA
PETITION FOR ANNEXATION
The Undersigned, constituting not less than three- fourths of the registered voters
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 IN A PART OF THE E/2 OF SECTION 6, T -21 -N, R -14 -E, OF THE IB &M, IN
THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, MORE PARTICULARLY
DESRIBED AS FOLLOWS:
COMMENCING SE CORNER OF THE SO4 OF SAID SECTION; THENCE N00 005'14 "E ALONG
THE EAST LINE OF SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE NORTH ALONG SAID EAST LINE, A DISTANCE OF 70.48
FEET TO THE SE CORNER OF THE NE/4 OF SAID SECTION; THENCE N00 005'19 "E ALONG
THE EAST LINE OF SAID NE14, A DISTANCE OF 558.01 FEET; THENCE N89 039'43 "W, A
DISTANCE OF 485.00 FEET; THENCE N00 005'08 "E, A DISTANCE OF 100.00 FEET; THENCE
N89 °39'43"W, A DISTANCE OF 176.76 FEET; THENCE S00 °06'48 "W, A DISTANCE OF 634.24
FEET; THENCE 800 °01'50 "W, A DISTANCE OF 294.08 FEET; THENCE S89 041'20 "E, A
DISTANCE OF 300.00 FEET; THENCE N00 004'37 "E, A DISTANCE OF 199.62 FEET; THENCE
S89 040'22 "E, A DISTANCE OF 361.78 FEET TO THE POINT OF BEGINNING. CONTAINING
11.33 ACRES.
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 L� day
Owner:
DG &S Properties, L.L.C.
n Sallee - Manager
City of Owasso
Community Development Department
111 North Main
P.O. Box 180
Owasso, Oklahoma 74055
Phone: (918) 376 -1543 Fax: (918) 3376 -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
COUNCIL SPONSORED ANNEXATION:
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 Plannin;
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.
_ 'EN 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 ofthe County Clerk, with a map
of the property annexed.
pted by City Council on March 1, 1993.
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 IN APART OF THE E/2 OF SECTION 6, T-21-N, R -14 -E, OF THE M &M,
IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, MORE
PARTICULARLYDESCRIBED AS FOLLOWS:
COMMENCING SE CORNER OF THE SE/4 OF SAID SECTION: THENCE N 00'05'14" E
ALONG THE EAST LINE OF SAID SE/4, A DISTANCE OF 2,560.45 FEET TO THE POINT OF
BEGINNING, THENCE CONTINUE NORTH ALONG SAID EAST LINE, A DISTANCE OF
70.48 FEET TO THE SE CORNER OF THE NE14 OF SAID SECTION; THENCE N 00-05'19" E
ALONG THE EAST LINE OF SAID NE14, A DISTANCE OF 558.01 FEET; THENCE N
89 °39'43" W, A DISTANCE OF 485.00 FEET; THENCE N 00 °05'08" E, A DISTANCE OF 100.00
FEET; THENCE N 89°39'43" W, A DISTANCE OF 176.76 FEET; THENCE S 00 °06'48" W, A
DISTANCE OF 634.24 FEET, THENCE S 00 °01'50" W, A DISTANCE OF 294.08 FEET;
THENCE S 89 °41'20" E, A DISTANCE OF 300.00 FEET; THENCE N 00 °04'37' E, A
DISTANCE OF 199.62 FEET; THENCE S 89 °40'22" E, A DISTANCE OF 361.78 FEET TO THE
POINT OF BEGINNING, CONTAINING 11.33 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 17th day of January 2003.
Owner: DG &S Properties, L.L.0
Stan Sallee - Manager
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 17'h day of January, 2003, and that said
petition will be presented to the City of Owasso Planning Commission at the Owasso Community
Center, 301 South Cedar, Owasso, Oklahoma at 7:OOPM on the 10`h day of March, 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. The
petition will be presented to the City of Owasso City Council at the Owasso Community Center,
301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18'h day of March, 2003.
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 11fl' day of February, 2002.
Robert Moore
City Planner
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: ORDINANCE NO. 745
DATE: March 20, 2003
BACKGROUND:
At the March 18, 2003 regular meeting, the Owasso City Council unanimously approved a
request for the annexation of property totaling approximately 11.33 acres, more or less. The
subject property is located on the west side of N. Garnett Rd. approximately 2,640 feet north of
the E. 116th St. N. and N. Garnett Rd. intersection.
Attached is a copy of Ordinance No. 745, which formally adopts the City Council's action of
March 18, 2003.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 745.
ATTACHMENTS:
1. General Area Map.
2. Ordinance No. 745.
C