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HomeMy WebLinkAbout749_Annexation_ 20.65 Acres NE N 97 E Ave & 116 St N_12135 N 97th E Ave_12221 N 97th E AveTulsa County Clerk - EARLENE WILSON Doc# 03075044 Pgs 7021/2431-2433 Receipt # 657715 05/27/03 14:19:02 Fee 17.00 000657715012 CITY OF OWASSO ORDINANICE NO. 749 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 ORDIANCE THAT LL OF THE REAL PROPERTY WITHIN SAID TERRITOY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSON 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, 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; and 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 LYING IN THE SOUTH-HALF OF THE NORTHWEST QUARTER (S/2, NW/4) OF SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER (SW/4, NW/4) SAID POINT ALSO BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, THENCE N 00°06'48"W AND ALONG THE WEST LINE OF SAID NORTHWEST QUARTER (NW/4) FOR A DISTANCE OF 663.85 FEET, THENCE S 89°42'20" E FOR A DISTANCE OF 1335.00 FEET, THENCE S 00°06'48"E AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER (NW/4) FOR A DISTANCE OF 658.55 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER (NW/4), THENCE S 89°55'59" W AND ALONG SAID SOUTH LINE FOR A DISTANCE OF 1335.00 FEET OT THE PONT OF BEGINNING. SAID TRACT CONTAINING 20.05 ACRES, MORE OR LESS AND THE WEST 10 FEET OF THE SOUTHWEST QUARTER (SW/4) OF SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT CONTAINING .60 CARES MORE OR LESS. be, and the same is hereyb annexed to, amde a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are herey extened 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 terriory described in Section 1 hereof shall be a pary of the City of Owasso, Oklahoma, and in Ward One thereof, and all person residing therein, and all property situated tehreon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinance of the City of owasso, okahoma, 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. ATTEST: City of Owasoo, Oklahoma Marcia Boutwell, Cit Clerk Helm, Mayor APPROVED AS TO FORM: OFFICIAL Stephen P. Gray, City Attorney APPROVED AS TO CONTENT: Robert Moore, City Planner Ms. Marcia Boutwell Owasso City Clerk P.O. Box 180 Owasso, OK 74055 Pursuant to the City of Owasso Planning Commission's action of item #4 at their meeting on January 13th, I hereby request an appeal to that recommendation. I request that the City Council hear my request that the City of Owasso annex 20.65 acres that I own. The property is located on the east side of North 97th East Avenue approximately 2,640 feet north of the intersection of 97'h East Avenue and I I 6h Street North. The Planning Commission denied the request at their meeting on January 13th. I request to appeal the Planning Commission's decision to the City Council at the council's regular -meeting on February 18th. Should you have any questions, comments, or observations please do not hesitate to contact me at 288-2053. My mailing address is 9919 North Harvard, Sperry, OK 74073. Sincerel Pat Schumacher MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ORDINANCE NO. 749 DATE: April 8, 2003 BACKGROUND: At the March 18, 2003 regular meeting, the Owasso City Council unanimously approved a request for the annexation of property totaling approximately 20.65 acres, more or less. The subject property is Iocated on the east side of N. 97b E. Ave., approximately 2,640 feet north of the N. 97' E. Ave. and E. 116' St. N. intersection. Attached is a copy of Ordinance No. 749, which formally adopts the City Council's action of March 18, 2003. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 749. ATTACHMENTS: 1. General Area Map. 2. Ordinance No. 749. C4 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ANNEXATION REQUEST — APPEAL FROM PLANNING COMMISSION RECOMMENDATION - PATRICK SCHUMACHER (S6 — T21N — Rl4E) DATE: March 12, 2003 BACKGROUND: The City of Owasso has received a petition for the annexation of property lying within Section 6, Tulsa County. The applicant is requesting review of this petition as an appeal of the recommendation for denial at the January 13, 2003 regular meeting of the Owasso Planning Commission. The subject property totals 20.65 acres, more or less and is located on the east side of N. 97' E. Ave., approximately 2,640 feet north of the N. 97th E. Ave. and E. 116th St. N. intersection. A general area map and a complete legal description have been included with your packet. ZONING: Currently, the property is zoned AG (Agricultural General District) in Tulsa County. According to the City of Owasso Annexation Policy, all property annexed into the City is required to retain the current County zoning classification or to be annexed within the corporate limits at the least intense City zoning category, or AG (Agricultural General District). Upon successful approval for annexation and prior to any development, the property would be subject to the City's review requirements for rezoning. Some of these requirements include posting the property with a rezoning sign, legal notification to surrounding property owners and the publication of a legal advertisement in the Owasso Reporter. ANALYSIS: A copy of the City of Owasso Annexation Policy is attached to this memorandum. The City's policy, adopted by City Council on March 1, 1988, was based on twenty (20) years of annexation history where among other methods; the City utilized the "strip- method" of annexation. The policy lists six (6) guidelines for the proper review of annexation petitions. Of particular interest is the City's requirement that all petitions for annexation must include property that is contiguous to existing City limits. In order to create a contiguous parcel, many applicants have provided either a strip of public right -of -way or a strip parcel of land. And, in addition to being a requirement of the City's policy for the review of annexation petitions, this "strip method" is also consistent with the Oklahoma State Statutes governing municipal annexations. Title 11, Section 21 -101, Oklahoma State Statutes states that: "The municipal governing body by ordinance may add to the municipality territory adjacent or contiguous to its corporate limits and increase or diminish the corporate limits as the governing body deems desirable for the benefit of the municipality. " As stated above, it has been the City's policy that properties not apparently considered contiguous must include in their respective petitions an adequate amount of public right -of -way or a strip of land connecting the property to current city limits in order to create a contiguous parcel. Owasso has effectively used this method of annexation to ensure that nearby development occurs with a standard above what is allowed by County regulations. Many of the developments where the City has embraced this method include; Coffee Creek, Hale Acres and Garrett Creek. The City uses the "strip - method" to extend its corporate limits into an area before development under County regulations can occur. If a development does occur under County regulations and then requests annexation, all public infrastructure that does not meet City standards will not be improved by the City until brought to City standards and accepted by City Council. Such public infrastructure must be improved at the owners' expense by the establishment of a special assessment district or some other financing method. Therefore, the intent of the policy is to extend into to an area likely to develop and entice surrounding property owners to petition for annexation. With this intent in mind, the policy alleviates the need for any special financing method because the property that would have developed in the County now has the opportunity to be included within the City of Owasso. Particular to Mr. Schumacher's petition, this tract of land is considered contiguous by a ten (10) foot strip of public right -of -way along the eastern boundary of N. 97`h E. Ave. Of interest to the City are the additional two hundred (200) acres of developable land immediately adjacent to the Schumacher property. The argument has been put forth by the Planning Commission however, that the adjacent parcels are currently developed. Staff tends to disagree. Staff feels that the current density of the area warrants some potential for large residential development to occur for a developer who can parcel several of the properties together. There appear to be four (4) single family structures along the N. 97th E. Ave. street frontage and approximately fifteen (15) single family structures along the N. 126th E. Ave street frontage. This would equate to .09 dwelling units per acre or one (1) dwelling unit per every ten (10) acres. The City of Owasso zoning district with the least intense dwelling unit per acre requirement is the AG (Agricultural General District). In the AG district, the maximum number of dwelling units allowed is 2.2 acres per dwelling unit, well above the current developed density of the area in question. Staff believes that it is in the City's best interest to annex the Schumacher property or any parcel of land not currently developed in an urban setting to effectively oversee the impact of that development if it occurs near the City's corporate limits. Without this oversight, residential subdivisions will continue to develop in the County without requirements for storm water detention/retention and commercial developments that adjacent land owners might consider detrimental to their property values will continue to develop near the City's existing limits. ANNEXATION CONMTTEE: The City of Owasso Annexation Committee reviewed the proposal at the December 30, 2002 Special Meeting and unanimously recommended approval. A copy of those minutes are attached to this document. PLANNING COMAUSSION: The Owasso Planning Commission at the January 13, 2003 regularly scheduled meeting unanimously recommended denial of the petition. As stated above this request is an appeal from that decision. 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 20.65 acres, more or less. ATTACEMUNTS: 1. General Area Map. 2. Letter(s) of Appeal. 3. Planning Commission Staff Report (w /o attachments). 4. Minutes from the January 13, 2003 Planning Commission Meeting. 5. Annexation Petition. 6. Legal Advertisement. 7. Annexation Policy. 8. Annexation Procedures. Schumacher Annexation Petition A Part of the South Half (S /2) of the Northwest Quarter(NW /4) of Section Six (6), Township Twenty-One (21) North, Range Fourteen (14) East, Tulsa County, Oklahoma Note: Thsmapisuueeded fminfometionalpurpmes oely end does not represent mt karate and uue stele Source: City ofO so Public Woda Depm mt Prepared by City ofUvasso Community Development Depamnmt LEGEND February 19, 2003 Ms. Marcia Boutwell Owasso City Clerk P.O. Box 180 Owasso, OK 74055 RE: Appeal of a decision from the Owasso Planning Commission Dear Ms. Boutwell: On January 14, 2003, I provided a written request to appeal to the Owasso City Council the denial of an annexation request by the Owasso Planning Commission. I requested that the appeal be heard on February 18th. Pursuant to that request, unsuccessful attempts were made to reconcile differences and concerns of the Planning Commission. Therefore, that request was not placed on the February 18th City Council agenda. I am requesting that the appeal referenced in my January 14, 2003 letter be placed on the next regular City Council agenda. Sincere Pat Schumacher FEB -17 -2003 03:28 PM R 2 RUBBER STAMP 918 288 6682 P_01 January 14,'2903 Ms. Marcia Boutwell Owasso City Clerk P.O. Box ISO Owasso, OK 74955 RE: Appeal of a decision from the Owasso Planning Commission Dear Ms. Boutwell: Pursuant to the City of Owasso Planning Commission's action of itemr meeting on. January 13'h, I hereby request an appeal to that recommendation, I request thatCity Council hear my request that the City of Owasso annex 20.65 acres that 1 own. The is located on the east side of North 971h East Avenue approximately 2,640 feet north of t1j; ttersection of 97'h East Avenue and 116`h Street North. The Planning Commission denied the-request at their meeting on- January test to appeal the Planning Commission's decision to the City Council at the council's rmeeting on February I V. Should you have any questions, comments, or observations please not hesitate to- contact me at-288 -2053. My mailing address is, 9919 North Harvard; Sperry- Sincer Pat Schumacher CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT ANNEXATION (Patrick Shumacher— Section 6, T 21 N, R14 E) STAFF REPORT BACKGROUND The City of Owasso has received a request from Patrick Shumacher, applicant/owner, for the annexation of approximately 20.65 acres, more or less. The subject property is located on the east side of N. 97a E. Ave. approximately 2640 feet north of the N. 97`s E. Ave. and E. 116'h St. N. 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: Residential — Single Family South: Residential — Single Family East: Vacant West: Residential — Single Family PRESENT ZONING AG (Agricultural General District) — Tulsa County SURROUNDING ZONING North: AG (Agricultural General District) — Tulsa County South: AG -R (Agricultural Residential Single Family Rural District) — Tulsa County East: AG (Agricultural General District) — Tulsa County West: AG -R (Agricultural Residential Single Family Rural District) — Tulsa County ANALYSIS The applicant is requesting this petition in order to construct RS -3 typical homes on the subject property. As mentioned above, the subject property totals 20.65 acres and is currently zoned AG (Agricultural General District) 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 rezoning request to allow for residential 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 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 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. Upon development, the subject site would receive residential water and sewer service from the City of Owasso while the burden of extending infrastructure to the site would fall upon the developer. There appear to be no infrastructure issues that would limit the development of the property. Staff published legal notice of the annexation petition for three consecutive weeks beginning in the December 19, 2002 edition of the Owasso Reporter. Staff has received no phone calls or correspondence concerning the request. If this Commission approves the annexation petition, the request 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 December 30, 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 December 30, 2002 Special Meeting, reviewed the petition and unanimously recommended approval. Staff recommends approval of the request by Patrick Shumacher, to annex into the corporate limits of the City of Owasso approximately 20.65 acres, more or less. 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. OWASSO PLANNING COMMISSION MINU'T'ES OF REGULAR MEETING Monday, January 13, 2003 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Charles Willey Dale Prevett Dewey Brown Bill Williams MEMBERS ABSENT STAFF PRESENT Robert Moore Marsha Hensley Rickey Hayes The agenda for the regular meeting was posted at the north entrance to City Hall on January 6, 2003 at 12:00 PM. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF DECEMBER 9, 2002 REGULAR MEETING - The Commission reviewed the minutes of December 9, 2002 Regular Meeting, Charles Willey moved, seconded by Dewey Brown to approve the minutes. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey — Yes Dewey Brown — Yes Dale Prevett - Yes Bill Williams - Yes The motion carried 5 -0. 4. Annexation Request — A request for the annexation of property containing approximately 20.65 acres, more or less. The subject property is located on the east side of N. 97th E Ave. approximately 2640 feet north of the N. 97th E Ave. and E. 11& St N. intersection. The Chair introduced the item and the staff review was given by Robert Moore. The applicant is requesting this annexation in order to construct RS -3 homes on the property. The subject property meets all of the requirements included in the Annexation Policy. Staff published legal notice for three consecutive weeks. No calls have been received. The Owasso Technical Advisory Committee reviewed the request at their December 30, 2002 regular meeting. The Annexation Committee also reviewed and unanimously recommended approval. Staff recommends approval of the request, to annex into the corporate limits 20.65 acres, more or less. Mr. Patrick Shumacher, the applicant /owner, OWASSO PLANNING COMNIISSION January 13, 2003 Page No. 2 was present to address any concerns. Ray Haynes and Charles Willey questioned whether it was advantageous to annex the subject property. Interpretations of the State Statue regarding the annexation of contiguous property were also discussed. Robert explained that the property to the south will possibly be annexed into the city limits at a later date and it is Staff's opinion the annexation of this property is advantageous to the City of Owasso. He also stated that the annexation request does meet City policy and is adjacent to the public right -of -way. Robert suggested tabling this item until the February Planning Commission meeting. Ray questioned that if the item is tabled could anything change if the applicant's attorney would be present. After discussion, Bill Williams moved to deny the annexation request. The motion was seconded by Charles Willey. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey — Yes Dale Prevett — Yes Dewey Brown - Yes Bill Williams - Yes The motion carried for denial 5 -0. 5. OZ -02 -10 — A request to rezone approximately 15.00 acres, more or less from AG (Agricultural General District) to RS -3 (Residential Single Family High Density District). The subject property is located on the south side of E. 116'h St N. approximately 1700 feet east of the E. 116th St. N. and N. Garnett Rd. intersection. The Chair introduced the case and Robert presented the item. The surrounding land use and surrounding zoning was described. The Owasso 2010 Master Plan identifies the subject property as having future land use of public and low density residential. Staff feels that this proposal is consistent with the Master Plan for several reasons. The Master Plan labels the north half of the property as having a future land uses as public. If this property did develop as a public use, it would be the third such land use category in this section, a use of high intensity residential would further opportunities for home ownership. The Master Plan identifies the southern half of the site as a future use of low intensity residential. The plan defines low density residential as having a density of 2 — 5 dwelling units per acre. The Morningwood Preliminary Plat contains 58 lots on 15.00 acres with a density of 3.8 units per acre. The Technical Advisory Committee reviewed the request at their December 30, 2002 meeting. No comments were received. Staff recommends approval of the rezoning from AG (Agriculture) to RS -3 (Residential Single Family High Density District). The access easement to the west was discussed. Mr. David Charney requested a brief presentation to the Commissioners. He stated that Owasso Land Trust feels that it was very important to develop this property in an 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 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 lying in the South -Half of the Northwest Quarter (S/2, NW/4) of Section Six (6), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, and being more particularly described as follows, to -wit: Beginning at the Southwest corner of said Northwest Quarter (SW/4 NW/4) said point also being the Southwest comer of Government Lot 5, thence North 0° 06' 48" West and along the West line of said Northwest Quarter (NW/4) for a distance of 663.85 feet, thence South 89° 42' 20" East for a distance of 1335.00 feet, thence South 0° 06' 48" East and parallel to the West line of said Northwest Quarter (NW /4) for a distance of 644.82 feet to a point on the South line of said Northwest Quarter (NW/4), thence South 89° 28' 54" West and along said South line for a distance of 1335.00 feet to the point of beginning and containing 20.05 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 3rd day of December, 2002. Patrick Schumacher Petition for Annexation.wpd 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 LYING IN THE SOUTH -HALF OF THE NORTHWEST QUARTER (S /2, NW 14) OF SECTION SDI; (6), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER (SW /4, NW /4) SAID POINT ALSO BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 5, THENCE N 00°06'48" W AND ALONG THE WEST LINE OF SAID NORTHWEST QUARTER (NW /4) FOR A DISTANCE OF 663.85 FEET, THENCE S 89°42'20" E FOR A DISTANCE OF 1335.00 FEET, THENCE S 00°06'48" E AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST QUARTER (NW /4) FOR A DISTANCE OF 644.82 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER (NW /4), THENCE S 89°28 "54" W AND ALONG SAID SOUTH LINE FOR A DISTANCE OF 1335.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 20.05 ACRES, MORE OR LESS. AND THE WEST 10 FEET OF THE SOUTHWEST QUARTER (SW /4) OF SECTION SIX (6), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT CONTAINING .60 ACRES, MORE ORLESS. 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 3' day of December 2002. Owner: Patrick Schumacher and Judy Schumacher NOTICE TO THE PUBLIC You are hereby advised that the above petition for annexation was Sled with the Community Development Department of the City of Owasso on the 3' day of December, 2002, 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 7:00PM 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`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 I Vh day of February, 2002. Robert Moore City Planner 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 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 TY 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. _ IZEN 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, 1998. February 19, 2003 Ms. Marcia Boutwell Owasso City Clerk P.O. Box 180 Owasso, OK 74055 RE: Appeal of a decision from the Owasso Planning Commission Dear Ms. Boutwell: On January 14, 2003, I provided a written request to appeal to the Owasso City Council the denial of an annexation request by the Owasso Planning Commission. I requested that the appeal be heard on February 18a'. Pursuant to that request, unsuccessful attempts were made to reconcile differences and concerns of the Planning Commission. Therefore, that request was not placed on the February 18°i City Council agenda. I am requesting that the appeal referenced in my January 14, 2003 letter be placed on the next regular City Council agenda. Sincere Pat Schumacher