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HomeMy WebLinkAbout748_OA 03-04_150.51 Acres_se C N 97 E Ave & E 76 St NTulsa County Clerk - EARLENE WILSON Rec# 03075043 RecEipt # 14019/®22 -2430 IIIIII~III~III~~~I~~~"III~I~~IIII'~III'lllllll IIII I~I~II'llllll l Fee 17.00 A000657 715011 A 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 18t1i 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; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 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: ALL OF GOVERNMENT LOT TWO (2) AND THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE/4 NW/4) AND THAT PART OF THE 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 Four 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. PASSER AND APPROVED this 1St day of April, 2003. ATTEST: Marcy Boutwell, City Clerk APPROVED AS TO FORM: en P. Gray, City to APPROVED AS TO CONTENT: City of 04sso, Oklahoma OFFMAL ..I A. Robert Moore, City Planner Mayor Za ffi I I) fy ® c I3 ti a 8 IggH 4 2-F 4-03 CITY 0..9 GENERAL AREA ,a- 7` g MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: OA 03-05 - ANNEXATION REQUEST - ALLEN AND DORIS ROBINSON DATE: March 11, 2003 BACKGROUND: The City of Owasso has received a request from Allen and Doris Robinson, applicant(s) /owner(s), for the annexation of approximately 150.51 acres, more or less. The subject property is located on the south side of E. 76' St. N., at the southeast comer of the N. 97" E. Ave. and E. 76' St. N. intersection. A general area map and a complete legal description are included with your packet. ANALYSIS: The purpose of the applicant's annexation request is three -fold. First, the City of Owasso is aggressively attempting to locate a large plastics manufacturer along the eastern boundary of the subject property. The applicant has graciously worked with both the Community Development and Economic Development Departments in attempting to convince the manufacturer to locate in the City of Owasso. In addition to keeping the City's best interest in mind, the applicant has also agreed to begin the planning process which at this point includes annexation, rezoning and eventually, the platting of the property. Furthermore, the applicant is requesting this petition in order to construct viable, sales tax .producing commercial sites along E. 76' St. N. The applicant has informed staff that the proposed use of the tract would include commercial developments offering a more appropriate "gateway" into the City from the west on E. 76' St. N. Upon successful floodplain fill permits along E. 76' St. N., the applicant will begin the rezoning and platting process for this area of the property. Finally, the applicant has had preliminary discussions regarding the donation of the remainder of land to the City. City staff has been working tirelessly with several land owners and government agencies to acquire property in the area described in the annexation petition to construct what could become a 100 - 200 acre off -road bike park. The preliminary plans also include some perimeter walking trails and other family oriented amenities. The land donation, although occurring some time in the future and after floodplain feasibility studies, would become the second phase of the proposed off -road mountain bike park. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same 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 and water service will be provided by the City of Owasso. 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 benefits of annexing a piece of property such as this far outweigh any of the potential negatives of such an action. TECIINICAL 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 COMMTTEE: 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 150.51 acres, more or less. ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report (w /o attachments). 3. OA 03 -05 Application. 4. City of Owasso Annexation Policy. 5. City of Owasso Procedures for Annexation. 6. Legal Notice. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OA 03-05 (Allen and Doris Robinson — 31- 21 -14) STAFF REPORT BACKGROUND The City of Owasso has received a request from Allen and Doris Robinson, applicant(s) /owner(s), for the annexation of approximately 150.51 acres, more or less. The subject property is located on the south side of E. 76'h St. N., at the southeast comer of the N. 97'h E. Ave. and E. 76t' 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: Vacant/Industrial/Civic/Public South: Vacant East: Residential - Single Family/Public/Industrial West: Vacant PRESENT ZONING AG (Agricultural District) — Tulsa County North: IL (Industrial Light District) / CH (Commercial High Intensity District) South: AG (Agricultural District) — Tulsa County East: IL (Industrial Light District) / CH (Commercial High Intensity District) West: AG (Agricultural District) — Tulsa County ANALYSIS The purpose of the applicant's annexation request is three -fold. First, the City of Owasso is aggressively attempting to locate a large plastics manufacturer along the eastern boundary of the subject property. The applicant has graciously worked with both the Community Development and Economic Development Departments in attempting to convince the manufacturer to locate in the City of Owasso. In addition to keeping the City's best interest in mind, the applicant has also agreed to begin the planning process which at this point includes annexation, rezoning and eventually, the platting of the property. Furthermore, the applicant is requesting this petition in order to construct viable, sales tax producing commercial sites along E. 76`s St. N. The applicant has informed staff that the proposed use of the tract would include commercial developments offering a more appropriate "gateway" into the City from the west on E. 76a' St. N. Upon successful floodplain fill permits along E. 76a' St. N., the applicant will begin the rezoning and platting process for this area of the property. Finally, the applicant has had preliminary discussions regarding the donation of the remainder of land to the City. City staff has been working tirelessly with several land owners and government agencies to acquire property in the area described in the annexation petition to construct what could become a 100 — 200 acre off -road bike park. The preliminary plans also include some perimeter walking trails and other family oriented amenities. The land donation, although occurring some time in the future and after floodplain feasibility studies, would become the second phase of the proposed off -road mountain bike park. The property is currently zoned AG (Agricultural General District) in Tulsa County and would remain this same 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 and water service will be provided by the City of Owasso. 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 benefits of annexing a piece of property such as this far outweigh any of the potential negatives of such an action. 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. RECOMMENDATION Staff recommends approval of the request by the Allen and Doris Robinson to annex into the corporate limits of the City of Owasso approximately 150.51 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: All of Government Lot One (1) and the Northeast Quarter of the Northwest Quarter (NE /4 NW /4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, LESS AND EXCEPT the West 987 feet of the North 417.42 feet of said Northeast Quarter of the Northwest Quarter and LESS AND EXCEPT the North 233 feet of that part of the Northeast Quarter of the Northwest Quarter lying east of the west 987 feet thereof and west of that part of the A.T.FtS.F. Railroad Right of Way in said Northeast Quarter of Northwest Quarter; and All of Government Lot Two (2) and that part of the Southeast Quarter of the Northwest Quarter (SE /4 NW /4) and that part of the North 200 feet of Lot Three (3) and that part of the North 200 feet of the Northeast Quarter of the Southwest Quarter (NE /4 SW /4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, lying west of the A.T.l3S.F. Railroad Right of Way; 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 IZ %day of February, 2003, OWNER: Allen Robinson �1 Doris Robinson STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) This instrument was acknowledged before me on the Allen Robinson and Doris Robinson. day of February, 2003, by My Commission Expires: 22502 i ar I Pub is P(SCAL LARRY R. KORNEGAY TulsCounty I Nalary Public m and far Sleteoroklahartra MY commission expires Aq. 24,2004. Y\ rrcurI : dtNuhl iHrK sUHUE, INN FAX NO. : 3416067 Feb. 11 2003 12: 25PM P1 BRASS CAP NW CORNER SECTION 31 0 O O da Exhibit of Part of the NW /4 of Section 31 T -21 -N, R -14 -E East 76th Street North S 88'48'48" E S 0'13'14" W N 073'1 13ZB.1B' 417,42' 184.4 � ^ - -- --- .__. - - - -- - OUT 18' P,S,O. EASEMENT S 88'48'4B" E (BK. $139, PC. 640) 8B %O0 • w 7 150.51 Acres SOUTH LINE LOT 1 _ NORTH LINE LOT 2 k Scale: 1 " -500' � E NORTH LINE SECTION 31 - -- ` —89-946-'4-- E OUT 19.9 blo � b�N wlo LL I I 1 77' I d L 249'.06' R= 9737.12' / S N 78'28'i8" TI / h 100.00' q 2277.82 / N 8948'02" W / 67.84' S 1534'42" W Benchmark Surveying and Land No, OWA q[ 7417 04 NO, qy MUO 2114.311 OATS: r E Inc. City of Owasso Community Development Department 111 North Main P.O. Box 180 Owasso, Oklahoma 74055 Phone: (918) 376 -1543 Fax: (918) 376 -1597 ANNEXATION POLICY The following annexation policy for the City of Owasso is provided as a guideline and s- thou d 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 ANNE.XATION - _" 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 Fled of record with the office of the County Clerk, with a map of the property annexed. _ 'EN SPONSORED A'VNEXATION: 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. pled 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: All of Government Lot One (1) and the Northeast Quarter of the Northwest Quarter (NE /4 NW /4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof LESS AND EXCEPT the West 987 feet of the North 417.42 feet of said Northeast Quarter of the Northwest Quarter and LESS AND EXCEPT the North 233 feet of that part of the Northeast Quarter of the Northwest Quarter lying east of the west 987 feet thereof and west of that part of the A.T. &S.F. Railroad Right of Way in said Northeast Quarter of Northwest Quarter; and All of Government Lot Two (2) and that part of the Southeast Quarter of the Northwest Quarter (SE /4 NW /4) and that part of the North 200 feet of Lot Three (3) and that part of the North 200 feet of the Northeast Quarter of the Southwest Quarter (NE /4 SW /4) of Section 31, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof lying west of the AT. &S.F. Railroad Right of Way; 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 I Vh day of February 2003. Owner: Allen and Doris Robinson 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 110, day of February, 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 10'" 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°i 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 °i day of February, 2002. Robert Moore City Planner ILI 0II Iu TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ORDINANCE NO. 748 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 150.51 acres, more or less. The subject property is located on the south side of E. 76" St. N., at the southeast comer of the N. 97' E. Ave. and E. 76" St. N. intersection. Attached is a copy of Ordinance No. 748, which formally adopts the City Council's action of March 18, 2003. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 748. ATTACHMENTS: 1. General Area Map. 2. Ordinance No. 748. F �1' ffii3 LJBJECT OPERTY T I X ! :TJ L--- L 11 k'i T� f flH PH A"IP" F79 FT 17 4 pvr so 04( GENERAL AREA MAP Z- 19-03 OA 03-05 Allen and Doris Robinson NOORTH T S MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT IME MREIRE Ir"AN1AA]5 AND CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT Ill North Main Street I PH: (918) 376-1500 P.O. Box 180 FAX: (918) 3761597 Owasso, OK 74055 www.cityofbwassoxorn