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HomeMy WebLinkAbout778_OA 04-03_29.8 Acres_SW C N 129 E Ave & E 96 St Nannexation, 12300 block of N. Garnett, Kellogg Engineering AND THE SOUTH 411.86 FEET OF GEVERN1\1ENT LOT ONE (1) AND THE SOUTH 411.86 OF GOVERN1\1ENT LOT TWO (2) THAT IS PART OF THE EAST RIGHT- OF-WAY LINE OF THE A.T. & S.F. RAILROAD IN SECTION SIX (6), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE (14) EAST OF THE INDIAN BASE AND :MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERN1\1ENT SURVEY THEREOF, A TRACT OF LAND THAT IS PART OF THE SOUTHERN HALF (S/2) OF THE NORTHEAST (NE/4) OF THE NORTHEAST QUARTER (NE/4) OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, OKLAHOMA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: 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: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OW ASSO, OKLAHOMA, WHEREAS, on the 16th day of March, 2004, said Petition was duly considered by the Owasso 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, 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 Ow as so, at a meeting held on March 16, 2004 at 6:30 p.m. at Old Central, Owasso, Oklahoma; and WHEREAS, a petition was submitted to the City of Owasso on February 1, 2004 requesting that certain property be incorporated into the City of Owasso, and that petition was submitted by the owner of the property, and WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory, providing a petition in writing, signed by not less than three-fourths of the legal voters and owners of not less than three-fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OW ASSO, 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 OW ASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OW ASSO, OKLAHOMA ESTABLISHING THE SAl\1E AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. CITY OF OW ASSO ORDINANCE NO. 778 Tulsa County Clerk - EARLENE WILSON Docit 04047715 Pgs 2 Elp 7279/0596-0597 ~ecel pt it 723413 04/23/04 1 0 : 4 0 : 4 4 Fee 15 . 0 0 ~000723413007~ TO FORM: City Attorney ATTEST CITY OF OW ASSO, OKLAHOMA PASSED AND APPROVED this 6th day of April, 2004 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 Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shan be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and aU 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 an respects and particulars. 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. SAID TRACT CONTAINS 29.80 ACRES MORE OR LESS, COMl\1ENCING AT THE NORTHEAST CORNER OF LOT 1; THENCE SOUTH 0006'14" WEST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 497.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 0006'14" EAST ALONG SAID EAST LINE, A DISTANCE OF 411.86 FEET, THENCE NORTH 89035'03" WEST, A DISTANCE OF 1575.68 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE AT. & S.F. RAILROAD; THENCE NORTH 31030'35" EAST ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 481.00 FEET, THENCE SOUTH 89034'50" EAST A DISTNCE OF 664.80 FEET; THENCE SOUTH 89033'03" EAST, A DISTANCE OF 660.00 FEET TO THE SAID EAST LINE OF LOT 1 AND THE POINT OF BEGINNING, PART OF GOVERN:MENT LOTS ONE (1) AND TWO (2) OF SECTION SIX TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND :MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERN1\1ENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: ANNEXATION— (OA 04-03) D.G. &S. DATE: MARCH 10, 2004 BACKGROUND The City of Owasso has received a request from the Kellogg Engineering, applicant, on behalf of D.G. & S. Properties for the annexation of approximately 29.80 acres. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of a single - family subdivision quite similar to the Country Estates additions immediately to the south, it is staff's belief that the applicant would like to extend Country Estates northward. The property is located in the 12300 block of N. Garnett Road just north of existing Country Estates VI. A general area map is attached for your review. The Gorilla Recreational Park currently exists on the southern half of the subject property, the northern half is vacant. Rural residential occupy sites north and east. Country Estates is located immediately south. The SK&O railroad forms the western boundary of the subject site. Beyond the tracks exist a horse farm and other agricultural uses. The subject site is currently zoned AG (Agricultural District) — Tulsa County, as are the sites north and west. The property to the east is mostly zoned AG (Agricultural District) — Tulsa County while a portion northeast of the site is zoned for IL (Light Industrial) uses. Country Estates to the south is zoned RS -3 inside the city Iimits of Owasso. ANALYSIS Staff received a petition from Kellogg Engineering, on behalf of D.G. & S., requesting the city to annex approximately 29.80 acres of property. At present time, the property is occupied by a recreational park consisting of batting cages, a golf driving range and other recreational features however it is intended that that facility will cease operation after this year and the site will be cleared for development. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of a single - family subdivision quite similar to the Country Estates additions immediately to the south. It is staffs belief that the applicant would like to extend Country Estates northward. The petition was filed on behalf of the developer responsible for the recent Country Estates additions. If the property is annexed into the city the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property is currently served sewer by the City of Owasso and water by the Rural Water District #3 of Washington County. The Owasso 2010 Land Use Master Plan calls for the northward expansion of residential development in that general area. Staff published legal notice of the annexation petition in the February 19, 2004 edition of the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. To this date staff has received no phone calls or correspondence in opposition of the request. ANNEXATION COMMITTEE On February 25, 2004 the Owasso Annexation Committee convened to consider the request, the Committee consists of City department directors, representatives of the Owasso City Council, Planning Commission, the Owasso school board and citizens at large. The Owasso Annexation Committee concluded that the request is consistent with the Owasso Annexation Policy and thereby unanimously recommended approval of the request. PLANNING COMMISSION On March 8, 2004 the Owasso Planning Commission held a public hearing to consider the request. At that meeting the Commission unanimously recommended approval of the request for annexation. There were no comments from the general public. RECOMMENDATION Staff recommends approval of OA 04 -03 to annex the subject property into the city limits of Owasso. ATTACHMENTS: 1. Applicants Annexation Petition 2. General Area Map and site survey 3. City of Owasso Annexation Policy. 4. February 25, 2004 Annexation Committee Minutes 5. Legal Notice. BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OK PETITION FOR ANNEXATION The undersigned, constituting not less than three -fourth 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 THAT IS PART OF THE SOUTHERN HALF (S /2) OF THE NORTHEAST (NE /4) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 6, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: The South 411.86 feet of Government Lot One (1) and the South 411.86 of Government Lot Two (2) that is part of the East Right -of -Way line of the A.T.& S.F. Railroad is Section Six (6), Township Twenty -one (21) North, Range (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof. -and- Part of Government Lots One (1) and Two (2) of Section Six (6) Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, described as follows: Commencing at the Northeast corner of Lot 1; thence South 0° 06'14" West along the East line of said Lot 1, a distance of 497.03 feet to the Point of Beginning; thence continue South 00 06'14" East along said East line, a distance of 411.86 feet, thence North 890 35'03" West, a distance of 1575.68 feet to the East Right - of -way line of the A.T.& S.F. Railroad; thence North 310 30'35" East along said Right -of -Way line, a distance of 481.00 feet, thence south 890 34'50" East a distance of 664.80 feet; thence South 890 33'03" East, a distance of 660.00 feet to the said East line of Lot 1 and the Point of Beginning. SAID TRACT CONTAINS 29.80 ACRES MORE OR LESS. Being a 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 16th day of January, 2004 Mr. Brian K. Kellogg, P. . Kellogg Engineering, Inc. Agent for the Developer Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918376.1597 www.cityofowasso.com OA 04 -03 Kellogg Engineering 12300 Block of N. Garnett Road 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. MEMBERS PRESENT Steve Cataduella Chief Dan Yancey Craig Thoendel Dan Salts Eric Wiles OWASSO ANNEXATION COMIVIITTEE MINUTES OF SPECIAL MEETING Wednesday, February 25, 2004 5:00 PM Owasso City Hall Main Conference Room 111 N Main Street, Owasso, Oklahoma MEMBERS ABSENT Rickey Hayes Dale Prevett Robert Carr Bill Roach Ken Fisher Ron Cates Tim Rooney STAFF PRESENT Duane Cuthbertson The meeting agenda was posted in Owasso City Hall, 111 N Maim at 12:00 PM on February 16, 2004 1. CALL TO ORDER - Mr. Cuthbertson called the meeting to order at 5:00 PM. 2. APPROVAL OF MINUTES FROM THE JANUARY 28, 2004 MEETING — Mr. Wiles moved, seconded by Mr. Cataduella, to accept the minutes as presented. The motion carried 5 -0. ANNEXATION REVIEW ANNEXATION REQUEST OA 04-02 — A request for the annexation of 42 acres located in the northwest comer of E. 106'h Street North and U.S. Highway 169. Duane Cuthbertson presented the annexation request. Mr. Cuthbertson stated that he discussed the request with the City department directors, specifically Public Works, Police and Fire. All directors gave their assurance that development on this property would be serviceable. Mr. Mike Culbreath was present on behalf of the applicant. He discussed the church's goal and intentions with this property which included expanding the church and school but also included the provision of senior care housing. It was detem fined that the request was consistent with the other provisions of the Annexation Policy. Mr. Wiles added that the intentions and goals of the church are consistent with the Owasso 2010 Land Use Master Plan. Mr. Wiles motioned to approve the annexation request. Mr. Thoendel seconded the motion. The motion carried 5 -0. 4. ANNEXATION REQUEST OA 04-03 — A request for the annexation of 29.80 acres located in the 12300 Block of N. Garnett Road immediately north of the Country Estates additions. Duane Cuthbertson presented the item. Mr. Cuthbertson stated that he discussed the request with the City department directors, specifically Public Works, Police and Fire. All directors gave their assurance that development on this property would be serviceable. It was determined that the request was consistent with the Annexation Policy. Mr. Wiles added that the intentions and goals of the developer are consistent with the Owasso 2010 Land Use Master Plan, Mr. Cataduella motioned to approve the annexation request. Mr. Wiles seconded the motion. The motion carried 5 -0. 5. ADJOURNMENT — Mr. Cataduella moved, seconded by Mr. Thoendel, for adjournment. The motion carried 5 -0. The meeting was adjourned at 5:20 PM: NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA OA: 04-03 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Old Central Building, 109 N. Birch, Owasso, Oklahoma, at 7:00 P.M. on the 8b day of March, 2004. At that time and place, consideration will be given to the petitioned annexation of the following described property: A TRACT OF LAND THAT IS PART OF THE SOUTHERN HALF (S /2) OF THE NORTHEAST (NE 14) OF THE NORTHEAST QUARTER (NE 14) OF SECTION 6, TOWNSHIP 21 NORTH RANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 411.86 FEET OF GEVERNMENT LOT ONE (1) AND THE SOUTH 411.86 OF GOVERNMENT LOT TWO (2) THAT IS PART OF THE EAST RIGHT -OF -WAY LINE OF THE A.T. & S.F. RAILROAD IN SECTION SIX (6), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO TEE U.S. GOVERNMENT SURVEY THEREOF. PART OF GOVERNMENT LOTS ONE (1) AND TWO (2) OF SECTION SIX (6) TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1; THENCE SOUTH 0 006'14" WEST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 497.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 0 °06'14" EAST ALONG SAID EAST LINE, A DISTANCE OF 411.86 FEET, THENCE NORTH 89 °35'03" WEST, A DISTANCE OF 1575.68 FEET TO THE EAST RIGHT -OF -WAY LINE OF THE A.T. & S.F. RAILROAD; THENCE NORTH 31 °30'35" EAST ALONG SAID RIGHT -OF -WAY LINE, A DISTANCE OF 481.00 FEET, THENCE SOUTH 89 034'50" EAST A DISTNCE OF 664.80 FEET; THENCE SOUTH 89 °33'03" EAST, A DISTANCE OF 660.00 FEET TO THE SAID EAST LINE OF LOT 1 AND THE POINT OF BEGINNING. SAID TRACT CONTAINS 29.80 ACRES MORE OR LESS. To be considered is an annexation of 29.80 acres, more or less generally located in the12300 Block of N. Garnett Road. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. For more information on the proposed annexation contact the Owasso Community Development Department, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1500. Dated at Owasso, Oklahoma, this 16"' day of February, 2004. City of Owasso Community Development Department