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HomeMy WebLinkAbout746_OA 03-03_30.54 Acres_se E 106 St N_ Garnett RdTulsa County Clerk - EARLENE WILSON Doc # 03075041 pgs 3 b/p 7021/2422-2424 Receipt # 657715 05/27/03 Fee 17.00 000657715009 CITY OF OWASSO ORDINANCE NO. 746 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 LL 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 TWO 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 writting, 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 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 18" 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: BEGINNING 395 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW/4); THENCE NORTH 770 FEET; THENCE WEST 717 FEET; THENCE NORTH 550 FEET; THENCE WEST 28 FEET; THENCE SOUTH 1,320 FEET; THENCE EAST 745 FEET TO THE POINT OF C") BEGINNING, ALL IN SECTION SEVENTEEN (17) TOWNSHIP TWENTY-ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, OKLAHOMA, CONTAINING 13.54 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 estsate and territory described in Section 1 hereof shall be a part of the city of Owasso, Oklahoma, and in Ward Two 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: APPROVED AS TO FORM: APPROVED AS TO CONTENT: Marcia Boutwell, city Clerk Michael Helm, Mayor Stephen P. Gray, city Attorney Robert Moore, City Planner MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: OA 03 -03 — ANNEXATION REQUEST — MICHAEL RAY SHARP DATE: March 11, 2003 BACKGROUND: The City of Owasso has received a request from Owasso Land Trust, applicant on behalf of Michael Ray Sharp, owner, for the annexation of three tracts of land totaling 30.54 acres, more or less. The subject properties are located on the south side of E. 1061, St. N., approximately 1,320 feet east of the N. Garnett Rd. and E. 106th, St. N. intersection. A general area map and a complete legal description are included with your packet. ANALYSIS: The applicant is requesting this annexation petition in order to eventually accommodate residential development. Tract "A" contains approximately 10.02 acres with Tract "B" containing approximately 6.98 acres and Tract "C" containing approximately 13.54 acres, more or less. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' 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. Residential sewer service will be provided by the City of Owasso. Residential water service however, will be provided by both the City of Owasso and Washington County Rural Water District. The division of service is similar to that of the Bailey Ranch Estates and Sawgrass Park at Bailey Ranch Additions. 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 the annexation of this property would prove to be advantageous and in the best interest of the City of Owasso. 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 30.54 acres, more or less. ATTACIIMENTS: 1. General Area Map. 2. Planning Commission Staff Report (w /o attachments). 3. OA 03 -03 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 -03 (Michael Ray Sharp — 17- 21 -14) STAFF REPORT BACKGROUND The City of Owasso has received a request from Michael Ray Sharp, applicantlowner, for the annexation of three tracts of land totaling 30.54 acres, more or less. The subject properties are located on the south side of E. 106`' St. N., approximately 1,320 feet east of the N. Garnett Rd. and E. 106'h St. N. 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: Vacant PRESENT ZONING AG (Agricultural District) — Tulsa County North: RE (Residential Single Family Estate District) — Tulsa County South: RE (Residential Single Family Estate District) East: RE (Residential Single Family Estate District) —Tulsa County West: AG (Agricultural District) — Tulsa County ANALYSIS The applicant is requesting this annexation petition in order to eventually accommodate residential development. Tract "A" contains approximately 10.02 acres with Tract `B" containing approximately 6.98 acres and Tract "C" containing approximately 13.54 acres, more or less. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same zoning classification upon annexation. Prior to any action relative to a rezoning request, a rezoning sign will be posted on the property and property owners within 300' 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. Residential sewer service will be provided by the City of Owasso. Residential water service however, will be provided by both the City of Owasso and Washington County Rural Water District. The division of service is similar to that of the Bailey Ranch Estates and Sawgrass Park at Bailey Ranch Additions. 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 the annexation of this property would prove to be advantageous to the stated goals and objectives of the Owasso 2010 Master Plan. 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 of the petition. 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. Staff recommends approval of the request by the Michael Ray Sharp to annex into the corporate limits of the City of Owasso approximately 30.54 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 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 located in the Northeast Quarter (NE /4) of the Northwest Quarter (NW /4) of Section Seventeen (17), Township Twenty -one North (21N), Range Fourteen East (14E), Tulsa County, described as follows: Beginning 550' South of the Northeast Corner of said Northeast Quarter (NE /4) of the Northwest Quarter (NW /4); Thence West 395'; thence South 770'; thence East 395'; thence North 770 feet to the point of beginning; And Beginning at the Northwest corner of the Northwest Quarter (NW /4) of the Northeast Quarter (NE /4) of Section Seventeen (17), Township Twenty -one North (21N), Range Fourteen East (14E), Tulsa County, Oklahoma, thence South 1,322.72 feet; thence East 330.63 feet; thence North 1,322.76 feet; thence West 330.42 feet to the Point of Beginning; And Beginning 395 feet West of the Southeast Corner of the Northeast Quarter (NE /4) of the Northwest Quarter (NW /4); thence North 770 feet; thence West 717 feet; thence North 550 feet; thence West 28 feet; thence South 1,320 feet; thence East 745 feet to the Point of Beginning, all in Section Seventeen (17) Township Twenty -one North (21N), Range Fourteen East (14E), Tulsa County, Oklahoma; 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 day of January, 2003. OWNER: Michael Ray Sharp STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) ATTORNEY FOR PURCHASERS: OWASSO LAND TRUST, L.L.C. CHARNEY Et CHARNEY, P.C. By David E. Charney This instrument was acknowledged before me on the 3 ()day of January, 2003, by David E. Charney, as attorney for Owasso Land Trust, L.L.C., an Oklahoma limited liability company, and Michael Ray Sharp. Notary Public City of Owasso Community Development Department I I 1 North Main P.O. Box 130 Owasso, Oklahoma 74055 Phone: (918) J76-1543 Fax: (918) 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 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 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. _ '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 of the County Clerk, with a map of the property annexed. plied 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 LOCATED IN THE NORTHEAST QUARTER (NE /4) OF THE NORTHWEST QUARTER (NW /4) OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY - ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, DESCRIBED AS FOLLOWS: BEGINNING 550' SOUTH OF THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER (NE/4) OF THE NORTHWEST QUARTER (NW /4); THENCE WEST 395'; THENCE SOUTH 770'; THENCE EAST 395'; THENCE NORTH 770 FEET TO THE POINT OF BEGINNING, CONTAINING 6.98 ACRES, MORE OR LESS; AND BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER (NE14) OF SECTION SEVENTEEN (17), TOWNSHIP TWENTY -ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, OKLAHOMA THENCE SOUTH 1,322.72 FEET; THENCE EAST 330.63 FEET; THENCE NORTH 1,322.76 FEET; THENCE WEST 330.42 FEET TO THE POINT OF BEGINNING, CONTAINING 10.02 ACRES, MORE OR LESS; AND BEGINNING 395 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NEA) OF THE NORTHWEST QUARTER (NW /4); THENCE NORTH 770 FEET; THENCE WEST 717 FEET; THENCE NORTH 550 FEET; THENCE WEST 28 FEET; THENCE SOUTH 1,320 FEET; THENCE EAST 745 FEET TO THE POINT OF BEGINNING, ALL IN SECTION SEVENTEEN (17) TOWNSHIP TWENTY -ONE NORTH (21N), RANGE FOURTEEN EAST (14E), TULSA COUNTY, OKLAHOMA, CONTAINING 13.54 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 30'h day of January 2003. Owner: Michael Ray Sharp 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 30th 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 TOOPM on the 10th 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 180' 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 11'h day of February, 2002. Robert Moore City Planner TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ORDINANCE NO. 746 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 30.54 acres, more or less. The subject property is located on the south side of E. 106TH St. N., approximately 1,320 feet east of the N. Garnett Rd. and E. 106TH St. N. intersection. Attached is a copy of Ordinance No. 746, which formally adopts the City Council's action of March 18, 2003. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 746. ATTACHMENTS: 1. General Area Map. 2. Ordinance No. 746. GENERAL AREA MAP Z- 19-03 I OA 03-03 Michael Ray Sharp NORTH CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT 111 North Main Street I PH: (918) 376-1500 P.O. Box 180 FAX: (918) 376-1597 Owasso, OK 74055