HomeMy WebLinkAbout792_OA 04-06_2.25_Owasso Land Trust_s of Remington Place addition e of N 120 E AveTulsa County Cleric - EARLENE WILSON
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CITY OF OWASSO
ORDINANCE NO, 792
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY
OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN
SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN
BASE AND MERIDIAN PROVIDED THAT FROM AND AFTER THE
PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE
REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED
SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND
FURTHER DECLARING HAT ALL PERSONS RESIDING HEREIN
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, pursuant to the provisions of Title 11, Section 21-103, et seq., of the
Oklahoma statutes, the City of Owasso is permitted to annex additinoal territory,
provided a petition in writing, signed by not less that 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
WHEREAS, a petition was submitted to the City of Owasso on July 5, 2004 requesting
that certain property be incorporated into the City of Owasso, and that petition was
submitted by not less than three-fourths of the legal voters and owners of not less that
three-fourths (in value) of the property, and
WHEREAS, notice of the presentation of said Petition was given by the Petitioner by
publication in the Owasso Reporter, a newspaper of general circulation published in the
City of Owasso, Oklahoma, and notice was given that said Petition would be considered
by the Planning Commission of the City of Owasso, as a meeting held on August 9, 2004
at 7:00 p.m. at Old Central, Owasso, Oklahoma; and
WHEREAS, on the 17th day of August, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 THAT IS DART OF THE NORTHEAST QUARTER (TOTE/4) OF THE
SOUTHEAST QUARTER (SE/4) OF THE NORTHWEST QUAR'T'ER (NCI/4) OF SECTION 8,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.E.&M., TULSA COUNTY, OKLAHOMA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SOUTHEAST CORNER OF SAID NE/4 OF SE/4 OF NW/4; THENCE S
88 45'39" w along the south line of said ne/4 of se/4 of nw/4 a distance of 487.85
feet to the point of beginning; thence s 88 45'39" w along said southline a
DISTANCE OF 125.00 FEET; THENCE N 1 19'22" W A DISTANCE OF 18.89 FEET; THENCE
ALONG A CURVE TO THE RIGHT WITH A RADIUS 475.00 FEET A DISTANCE 149.71 FEET TO A
POINT ITH A CHORD N 7 42'24" E A DISTANCE OF 149.09 FEET; THENCE N 16 44'09" E A
DISTANCE OF 195.93 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF
525.00 FEET A DISTANCE OF 145.26 FEET TO A POINT WITH A CHORD N 8 48'35" E A
DISTANCE OF 144.79 FEET; THENCE N 88 45'59" E A DISTANCE OF 80.00 FEET; THENCE S
1 14'01" E A DISTANCE OF 80.00 FEET; THENCE N 88 45'59" E A DISTANCE OF 285.00 FEET;
THENCE S 1 14'01" E A DISTANCE OF 145.08 FEET; THENCE S 88 45'59" W A DISTANCE OF
267.20 FEET; THENCE S 30 24'59" W A DISTANCE OF 134.62 FEET; THENCE S 8 17'10" Q
City of Owasso
Attn: Juliann Stevens OA 04-06
PO Box ISO
Owasso, Oklahoma 74055
DISTANCE OF 67.36 FEET; THENCE S 1'19'22" E A DISTANCE OF 88.98 FEET TO THE POINT Of,
BEGINNING.
SAID TRACT CONTAINS 2.25 ACRES, MORE OR LESS,
be, and the same is hereby annexed to, made a part of, and added to the City of Owasso,
Oklahoma, and the corporate limits thereof be and are hereby extended to include the
above described territory and real estate.
Section 2. That from and after the passage and publication of this Ordinance, the real
estate and territory described in Section 1 hereof shall be a part of the City of Owasso,
Oklahoma, and in Ward One thereof, and all persons residing therein, and all property
situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control,
laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars.
Section 3. That there be filed in the office of the County Clerk of Tulsa County,
Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of
the territory hereby annexed.
PASSED AND APPROVED this 7 h day of September, 2004.
ATTEST:
Sherry Bishop, City Clerk
41 Ronald D. Cates, City Attorney
CITE' OF OWASSO, OKLAHOMA
Mayor
City of Owasso
Attn: Juliann Stevens
PO Box 180
Owasso, Oklahoma 74055
0A 04-66
116 St N
Subject Property
Remington Place II
OA 04-06
Owasso Land Trust
Affidavit Of Publication
OWASS® PORTER
STATE OF OKLAHOMA, TULSA CC.f::NTY, ss:
Bill R. Retherford, of lawful age., being duly
sworn and authorized, says that he ".3 the pub-
lisher of the Owasso Reporter, a weekly news-
paper published in the City of Owasso, Tulsa
County, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publi-
cations as provided in Section 106 of Title 25,
Oklahoma Statutes 1971 and 1983 as amended,
and thereafter, and complies with all other re-
quirements of the laws of Oklahoma with refer-
ence to legal publications.
That said notice, a true copy of which is at-
tached hereto, was published in the regular edi-
tion of said newspaper during the period and
time of publications and not in a supplement,
on the following dates:
SEPTEMBER 16TH, 2004
Subscribed and sworn to before me this 17TH
day of SEPTEMBER , 2004
Notary Public
My Commission expires:
PUBLISHERS'S FEE $ 215.60
Published in the Owasso Reporter, Owasso, Tulsa County, Okla-
homa, September 16, 2004.
CITY OF OWASSO
ORDINANCE NO. 792
AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING
TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL
LANDS AND TERRITORY IN SECTION 8, TOWNSHIP 21
NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND
MERIDIAN PROVIDED THAT FROM AND AFTER THE PAS-
SAGE AND PUELICATION OF THIS ORDINANCE THAT
ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY
HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF
OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT
ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT
TO THE JURISDICTION, CONTROL, LAWS, AND ORDI-
NANCES OF THE CITY OF OWASSO, OKLAHOMA,
ESTABLISHING THE SAME AS PART OF WARD ONE OF
SAID CITY AND DIRECTING THE FILING OF THIS ORDI-
NANCE.
WHEREAS, pursuant to the provisions of Title 11, Section 21-103,
at seq., of the Oklahoma Statutes, the City of Owasso is permitted
to annex additional territory, provided a petition in writing, signed
by not less than three-fourths of the legal voters and owners of not
less than three-fc,,rths (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 o'7 Owasso is submitted; and
WHEREAS, a petition was submitted to the City of Owasso on July
5, 2004 requestint; that certain property be incorporated into the
City of Owasso, and that petition was submitted by not less than
three-fourths of the legal voters and owners of not less than three-
fourths (in value) 01 the property, and
WHEREAS, notice of the presentation of said Petition was given
by the Petitioner by publication in the Owasso Reporter, a newspa-
per of general circulation published in the City of Owasso, Okla-
homa, and notice was given that said Petition would be considered
by the Planning Commission of the City of Owasso, at a meeting
held on August 9, 2004 at 7:00 p.m. at Old Central, Owasso, Okla-
homa; and
WHEREAS, on the 47th day of August, 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 presentaton of said petition had been given,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ;;:-NASSO, OKLAHOMA,
Section 1. That if e 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 Councl in accordance with the provisions of Title 11,
Section 21-103, et ;eq., of the Oklahoma Statutes, and more par-
ticularly described it i follows, to-wit:
A TRACT OF LAP L? THAT IS PART OF THE NORTHEAST QUAR-
TER (NE/4) OF Ti1E SOUTHEAST QUARTER (SE/4) OF THE
NORTHWEST QUARTER (NW/4) OF SECTION 8, TOWNSHIP 21
NORTH, RANGE. 14 EAST OF THE I.B.&M., TULSA COUNTY,
OKLAHOMA, M,,HE PARTICULARLY DESCRIBED AS FOL-
LOWS:
CONIMENCii,(; FRONI THE SOUTHEAST CORNER OF
SAID NE14 OF SE/4 OF NW/4; THENCE S 88"45'39° W
ALONG THE !ie)UTH LINE OF SAID NE/4 OF SE/4 OF
NW/4 A DISTANCE OF 487.85 FEET TO THE POINT OF
BEGINNING; --HENCE S 88°45'39" W ALONG SAID SOUTH
LINE A DISTANCE OF 125.00 FEET; THENCE N 1°19'22" W
A DISTANCE OF 18.89 FEET; THENCE ALONG A CURVE
TO THE RIGHT WITH A RADIUS 475.00 FEET A DISTANCE
149.71 FEET TO A POINT WITH A CHORD N 7°42'24" E A
DISTANCE OF' ':49.09 FEET; THENCE N 16°44'09' E A DIS-
TANCE OF 19;.93 FEET; THENCE ALONG A CURVE TO
THE LEFT WllYl A RADIUS OF 525.00 FEET A DISTANCE
OF 145.26 FEET TO A POINT WITH A CHORD N 8"48'35° E
A DISTANCE OF 144.79 FEET; THENCE N 88°45'59" E A
DISTANCE OF 80.00 FEET; THENCE S 1'14'01" E A DIS-
TANCE OF 80.00 FEET; THENCE N 88`45'59" E A DIS-
TANCE OF 285.00 FEET; THENCE S 1'14'01" E A DIS-
TANCE OF 145.08 FEET; THENCE S 88'45'59" W A DIS-
TANCE OF 267.20 FEET; THENCE S 30'24'59' W A DIS-
TANCE OF 134.62 FEET; THENCE S 81710" W A DIS-
TANCE OF 67.36 FEET; THENCE S 119'22" E A DISTANCE
OF 88.98 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 2.25 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 territo-
ry and real estate.
Section 2. That "rum and after the passage and publication of this
Ordinance, the rsal estate and territory described in Section 1
hereof shall be a mart of the City of Owasso, Oklahorna, and in
Ward One thereof, and all persons residing therein, and all proper-
ty situated thereo-, 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. Thar there be filed in the office of the County Clerk of
Tulsa County, 04iahorna, a true and correct copy of this Ordi-
nance, togethe~ v.rith an accurate map of the territory hereby
annexed.
PASSED AND AF PROVED this 71h day of September, 2004.
ATTEST.
CITY OF OWASSO, OKLAHOMA
Sherry Bishop, City Clerk
Susan Kimball
Mayor
APPROVED AS'-0 FORM:
Ronald D. Catet., City. Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DUANE CUTHBERTSON
CITY PLANNER
SUBJECT: ORDINANCE NO. 792
DATE: SEPTEMBER 1, 2004
BACKGROUND:
At the August 17, 2004 meeting, the Owasso City Council approved an annexation request from the
Owasso Land Trust for 2.25 acres, more or less, of property located immediately south of
Remington Place addition just east of North 120a' East Avenue.
Attached is a copy of Ordinance No. 792 that formally adopts the City Council's action of August
17, 2004.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 792.
ATTACHMENT:
1. Ordinance No. 792
2. Staff Report with map
?,
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: DUANE CUTHBERTSON, CITY PLANNER
SUBJECT: ANNEXATION — (OA 04 -06) REMINGTON PLACE H POND
DATE: AUGUST 12, 2004
BACKGROUND
The City of Owasso has received a request from the Owasso Land Trust, applicant /owner, for
the annexation of approximately 2.25 acres. During the review of the Preliminary Plat for
Remington Place H it was discovered that the addition's proposed detention facility was off site
and not within Owasso's municipal jurisdiction. It was determined that detention facilities
serving a development within the City limits should also be within the City limits so that the City
would have jurisdiction over that facility. The applicant is requesting this annexation in order to
bring Remington Place II addition's detention pond into the City limits.
The property is located adjacent to the proposed Remington Place II addition along the northeast
boundary; south of E. 116a' St. N. and east of N. Garnett Rd. A general area map has been
attached for your review.
The property is currently vacant and is surrounded by single - family homes to the north, large lot'
residential to the east and vacant land to the south. The property to the west is currently vacant
but is in the planning process to be developed as an extension of Remington Place in the form of
single family homes. The property is zoned AG (Agricultural District) — Tulsa County as is the
property to the south and east. The land to the north and west are zoned RS -3 for single family
residential.
DEVELOPMENT PROCESS:
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the City limits is made a part of the City. Property
owners and land developers sometimes choose to have their property annexed into Owasso in
order to receive Owasso municipal services, such as police and fire protection, refuse collection,
and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary
plat is required for any development that proposes to divide land into two or more lots.
Preliminary plats illustrate the development concept for the property, and are often modified
significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso
Planning Commission. Sometimes, difficult development issues such as existing utility lines,
wells, or easements are brought to light at the preliminary plat stage and must be remedied prior
to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and
the US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates
the layout and dimension of lots included on the final plat, right -of -way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Another form of property division that can be considered in some cases is a lot split. Lot splits
are minor subdivisions of property into three or fewer tracts, and do not provide for any new
public streets. Typically, this is an appropriate option for a land owner who wishes to take large
undeveloped parcels of land and divide it into two or three smaller tracts.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans
are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking,
access, landscaping, and building footprint are presented in the site plan. Once a site plan is
approved, the development is clear to apply for a building permit and to submit construction
plans for the building's foundation, plumbing, electrical system, and HVAC.
ANNEXATION REVIEW PROCESS
The annexation process is initiated when a property owner submits a petition to the City of
Owasso requesting that the City bring the property into the City limits.
The applicant must submit as part of the request a signed petition requesting the annexation, an
accurate legal description and map of the property being requested for annexation and a certified
300' radius report so that staff may send legal notices to surrounding property owners.
Upon receipt of all appropriate materials the staff initiates the review process which begins with
a thorough analysis of the request. The primary consideration is the property's compliance with
the Owasso Annexation Policy. The policy establishes a set of guidelines that define which
properties are considered for annexation.
The annexation request is then presented to the Owasso Annexation Committee for review and
recommendation. The Annexation Committee is made up of staff, elected officials and citizens.
The Committee reviews the petition for compliance with the Annexation Policy and establishes a
recommendation to the Owasso Planning Commission.
The Owasso Planning Commission holds a public hearing to determine if the property is
compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso
City Council.
The Owasso City Council will make the final determination to annex the property of refuse
annexation. If the property is annexed into the City limits an ordinance officially declaring the
annexation is written and adopted by the City Council. Once adopted the ordinance is circulated
to appropriate regional and national agencies for recording and altering maps.
LEGAL CONSIDERATIONS OF AN ANNEXATION
The following annexation policy for the City of Owasso is provided as a guideline and should
not be constructed 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 owner's 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 consistency 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.
ANALYSIS
Staff received a petition from Owasso Land Trust, requesting the City to annex approximately
2.25 acres of property. As stated earlier the applicant is requesting this annexation petition in
order to ensure that the detention pond proposed for the Remington Place II addition is inside the
Owasso corporate limits.
Although this property is smaller than the 20 acres minimum recommended in the Owasso
Annexation Policy, it is for all intents and purposes a part of the Remington Place II addition
which contains approximately 35.46 acres.
As is normal procedure, 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 would be 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 residential development in that general area
and it is intended that the subject property will be utilized as a detention pond in support of
residential development.
Staff published legal notice of the annexation petition in 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 July 28, 2004 the Owasso Annexation Committee voted unanimously to recommend
approval of the request to annex 2.25 acres into the City.
PLANNING COMMISSION
On August 9, 2004 the Owasso Planning Commission voted unanimously to recommend
approval of OA 04 -06, to annex 2.25 acres of property into the City limits.
RECOMMENDATION
Staff recommends approval of OA 04 -06.
ATTACHMENTS:
I . Applicants Annexation Petition
2. General Area Map and site survey
3. Copy of the proposed Remington Place II plat