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HomeMy WebLinkAbout1004_US 169 Overlay DistrictTulsa County Clerk - EARLENE WILSON Doc # 2012037585 Page(s): 15 Recorded 04/20/2012 at 10:59 AM C ` P Receipt # 331575 Fee $41.00 kIAHON CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1004 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB-CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS, SECTION 860, OVERLAY DISTRICTS, BY ADDING SUB-SECTION 860.4, US-169 CORRIDOR OVERLAY DISTRICT NORTH, CONTAINING SUB-SECTIONS 860.4.1, PURPOSE, 860.4.2, US-169 CORRIDOR OVERLAY DESIGNATED, 860.4.3, PERMITTED USES, 860.4.4, NON- CONFORMING USES, 860.4.5, LANDSCAPE REQUIREMENTS, 860.4.6, GENERAL REQUIREMENTS, 860.4.7, DESIGN CONSIDERATIONS, AND 860.4.8, BUILDING AND SITE DESIGN STANDARDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): AMENDED LANGUAGE The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2, Sub-Chapter 8, Section 860, shall be amended to read as follows: Section 860.4 US-169 Corridor Overlay District North Definition. An overlay district is the application of an additional layer of development standards, regulations or exceptions that modifies existing land use regulations. It acts as a supplement to the underlying zoning designation, 860.4.1. PURPOSE • Encourage sustainable development that will become a long term asset to Owasso • Protect an area that represents a significant opportunity for business and corporate investment, important to the long term economic health of Owasso • Establish uses and regulations that promote the development of this area as a corridor that promotes an environment of business, learning and growth • Protect the area around Tulsa Technology Center from uses that may have a detrimental impact on the facility and the City's ability to attract quality development • Establish regulations that protect the investment of existing and new businesses and corporations from unattractive, non-compatible uses • Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion • Ensure a high quality of development that will ultimately generate an economically enhanced and pedestrian friendly area for Owasso. • Follow the principals of the Quality of Life Initiative /5 860.4.2 US-] 69 CORRIDOR OVERLAY DESIGNATED The District covers an area roughly '/a to %2 mile on either side of US-769 from 86th Street North to 126th Street North, and is depicted in figure 860,2-7 and defined on the official zoning map, 860.4.3 PERMITTED USES The base zoning districts of properties fully or partially within the designated overlay district shall not be affected except as noted in this chapter, All applicable regulations for use, yard, area, lot dimensions, utility placement, and landscaping shall be those specified for each district, including planned development stipulations. Where any of the above regulations conflict with those of the overlay district, the more restrictive shall apply. 2 Figure 860.2- US-169 Overlay A. USE RESTRICTIONS 1. In AG districts, only existing agricultural uses shall be permitted and shall be subject to all applicable standards and regulations in Section 300-330, No Specific Use Permits shall be issued for any land zoned AG and no new AG uses or businesses shall be allowed, 2. In each zoning district, all uses respective to that district shall be permitted by right or with the issuance of a Specific Use Permit, except for those listed below in Section 860,2.3 A,3. 3. Allowed Uses. Within the US-169 North Overlay, unless otherwise restricted, any use permitted, or with a specific use permit in the underlying zoning district shall be permitted. All uses shall be defined by the most recent version of the NAICS (North American Industry Classification System) book. Upon annexation all tracts of land shall be zoned commercial, office or in conformity to the existing adopted land use plan in effect at the time of the annexation. New residential development of any kind shall be developed as a Planned Unit Development (PUD). 4. The following By-Right and Specific Use Permit uses shall be prohibited in the US-169 North Overlay District, • Industrial Uses in the IH and IM District • Any new agricultural uses or businesses • Chick hatchery • Halfway house • Landfill • Bindery • Casino/Gaming Center • Juvenile Delinquency Center • Pre-Release Center • Animal and Poultry Raising • Power Plant • Sexually-oriented businesses • Bottled Gas Sales • Outdoor Kennels (not a part of veterinary or grooming business) • Taxidermist • Cemetery • Oil Well Drilling and Cleaning Establishment • Fuel oil sales(does not include gas station or convenience store) • Race tracks (animal or vehicle) • Mini-storage warehouses (as a primary use) • Truck stop • Shooting range (outdoor) • Drag strip • Outdoor storage of any kind as the principal use • Portable building sales • Cesspool Cleaning • Concrete Construction Service 4 5. The following uses shall be permitted with the issuance of a Specific Use Permit, subject to compliance with the provisions of this section, • Auctioneer • Auto wash • Agricultural implement sales • Appliance store and repair • Woodworking shop • Aircraft sales • Boat and Recreational Vehicle sales • Fence construction company • Golf Driving range • Truck rentals • Monument sales • Camper Sales • Disinfecting Services • Lumber yard • Cabinet Maker • Plastic material sales • Construction equipment sales • Go-kart track • Outdoor Recreation including amusement parks • Auto Sales (5 Acre Maximum Parcel Size) • Auto Rental • Motor vehicle repair • Retail greenhouse • Janitorial service Vending sales and service • Exterminating services • Bus station • Any retail use with primarily outdoor sales • Park and ride lots • Motorcycle Sales 860.4.4 NON-CONFORMING USES Existing, but non-conforming properties, which existed as of the date these regulations became effective, shall be allowed to continue in the some manner after the adoption of these regulations, However, such non-conforming properties shall be subject to these regulations if feasible when: 1. A property is annexed into the City, 2. A property owner requests any zoning change; 3. The principle use on the property is discontinued for a period of six calendar months; 4. The property is destroyed or significantly altered (60% or greater); 5. Enlargements or improvements are made to the property that increase the gross square footage by 259o'; or 6. When any change as identified above occurs, the property owner must demonstrate that the change to the property shall not significantly impair the safe and efficient flow of traffic within the study area. The Administrator may require the property owner to provide a site specific traffic study to 5 determine the potential impacts of the proposed changes as part of the site development plan. 560.4.5 EXISTING USES A. SINGLE FAMILY RESIDENTIAL - The US-169 North Overlay shall not affect existing single family residential uses, neighborhoods, or platted residential developments. Said uses may continue to exist in perpetuity until such time as they may be redeveloped or rezoned for another use. 8, PROPERTIES OUTSIDE OWASSO CITY LIMITS - This overlay covers areas that are currently outside of Owasso City Limits. Unless these properties are annexed into Owasso City Limits, they shall not be required to comply with the regulations of this chapter. If annexed, these properties shall be subject to the regulations set forth in this chapter. C, PREVIOUSLY APPROVED PROJECTS OR DEVELOPMENT - Any project or development that was approved or had plans submitted prior to the effective date of this section shall not be required to comply with these regulations unless they meet any of the criteria from section 860,4,4. Previous approvals remain valid unless the approval date lapses or unless changes are made to the previous approvals. This shall refer to site plans, building plans, Planned Unit Developments or Specific Use Permits submitted prior to the effective date of this overlay shall only be required to comply with the zoning regulations in affect at that time. An approved plat shall not constitute approval of a proiect, The Administrator shall determine if a project meets these criteria, 860.4.6 LANDSCAPE REQUIRMENTS Development and or redevelopment shall comply with Chapter 20 of the Owasso Zoning Code with the following additional requirement. All signage shall have shrubs and/or perennial flowers at the base, Said shrub/flower bed shall and be enclosed with an edging material such as brick, stone, steel edging, concrete or similar material. 860.4.7 GENERAL REQUIREMENTS 1. All development shall follow City of Owasso procedures and requirements described in Section 2, General Provision, except as noted in this Section, 2. Architectural details and/or drawings shall be submitted to the Community Development Department at the time of site plan submittal. Architectural plans shall depict architectural details outlined in this Section and shall consist of.' a. Preliminary renderings or drawings cross sections to clearly define the ensure these provisions are met; and of building elevations plus typical character of the project and to 6 b. Exterior building materials inventory to indicate compliance with this Section. The Administrator shall review the proposed building materials for compliance, 860.4.8 DESIGN CONSIDERATIONS Developments shall be evaluated using the following criteria A. COMPATABILITY Adjacent buildings shall relate in similarity of architectural style, roof style, and configuration. B. PROPORTIONS Windows, doors, columns, piers, projections, ribs, awnings, cornices, parapets, eaves, and other building components shall be proportional to the overall scale of the building, Windows should be greater in height than width, unless otherwise required by a specific design feature or architectural style. 860.4.9 BUILDING AND SITE DESIGN STANDARDS A. BUILDING ENTRANCE Primary building entrances shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Public entrances flush with the building wall with no cover are not allowed. (See Figure 860.2-3) Figure X60.2-3 B. BOULEVARD ENTRANCE For developments containing total floor area in excess of 50,000 square feet, the principal access into the site shall be a boulevard incorporating a 10-foot wide 7 landscaped center median that complies with Chapter 20 of the Owasso Zoning Code. C. OFF STREET PARKING Off street parking areas are encouraged to be located to the side or rear of buildings or in the interior of a block whenever possible. See Figure 860,24 4#f- streepe,kng located between the froi# of the building -reel the street r4ght „f- 0:2-5, Loading areas shall be located behind the main building and screened in accordance with Chapter 20. All parking lots, drives, aisles and other elements shall comply with Chapter 9 of the Owasso Zoning Code, Figure 860.2-4 Preferred Cuff-Street Parking Configurations D. BUILDING SETBACK It is the intent of this chapter to enhance and preserve the character of the overlay by {elegy prom oting p arking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street frontace, therefore building setbacks along highway frontage roads may be reduced to 20 feet. 8 E. TRANSIT STOPS All transit stops shall be covered to offer shade and shelter from the elements. F. OUTDOOR SPACE Each site with a building larger than 10,000 square feet shall be designed to include public pedestrian walkways internally and throughout the development, linking all areas and buildings facilities open to the public, and shall include one (1) or more plazas or courtyards with benches, or patios/seating areas, For single developments containing total floor area in excess of 80,000 square feet, at least one (1) outdoor space or site amenity shall be required on the site or on adjacent land, in addition to the required plaza or courtyard area. All features shall be accessible, useable spaces. Outdoor Space or Site Amenities may include, but are not limited to: 1. Window shopping walkway 2. Water feature 3. Clock tower 4. Seating walls 5. Benches 6. Courtyards or plazas 7. Fountains 8. Sculpture or public art The Administrator may approve any other such deliberately shaped area or focal feature or amenity that, in the judgment of the Administrator, adequately enhances such community and public spaces. G. SIDEWALKS All buildings, parking areas, public spaces, amenity features, and adjoining developments of similar use, shall be linked with sidewalks. Sidewalks shall be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks as set forth in City of Owasso Engineering Standards. H. EXTERIOR MATERIALS Exterior building materials shall include brick, split-faced concrete block, stone, stucco, synthetic stucco, or cement-board or wood siding, Metal may be used as accent material, and cumulatively may not exceed 20 percent of the area of any individual exterior wall. All windows and doors to customer service areas along building frontages at the ground floor level on any retail building shall be transparent. 9 MULTIPLE BUILDINGS IN COMMERCIAL CENTERS In order to achieve unity between all buildings in a commercial development consisting of more than one building, all buildings in such a development, including pad site buildings, shall employ a consistent architectural style or theme, be constructed of similar exterior materials, end feeiture Design criteria for large and multi-phase developments shall be provided for review. ROOF PITCH Flat roofs and roofs with a pitch of less than 3:12 require a parapet wall. Eaves a minimum of one (1) foot from the building face shall profile a pitched roof. Roofing for pitched roofs greater than 6:12 shall be wood, tile, slate, architectural asphalt shingles, or low-reflectivity metal (flat or matte finish). Applied mansard roofs shall not be permitted. K. ELECTRICAL AND SERVICES EQUIPMENT HVAC and similar types of incidental machinery or equipment shall be screened from view in accordance with Chapter 20. Utility meters, aboveground tanks, satellite dishes and antennas shall also be screened from view. Wall-mounted mechanical equipment that extends six inches (6) or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building, Unless a waiver is authorized by the City Council, all electrical and telephone lines and wires including, but not limited to, street lighting, shall be placed underground. Feeder and other major transmission lines may remain overhead. All utility installation shall conform to the City's adopted Technical Standards and Specifications. L. WALL ARTICULATION Facades shall have a recognizable "base" consisting of (but not limited to): walls, ledges, sills, integrally textured materials (such as stone or other masonry), integrally colored and patterned materials, or planters. Facades shall also have a recognizable "top" consisting of (but not limited to): cornice treatments with integrally textured materials (other than colored "stripes" or "bands'), sloping roofs (with overhangs and brackets), or stepped parapets. All sides of a building and any accessory structure shall utilize materials and design characteristics consistent with those of the front facade. In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding fifty feet (50 ) in length shall incorporate one -twee or more of the following features at least every fifty feet (50) in length (See Figure 860.2-6): 10 1. Changes in color, graphical patterning, changes in texture, or changes in material 2. Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (72") 3. Windows and fenestration 4. Gable projections 5. Horizontal/vertical breaks 6. Other similar techniques The Administrator may approve variations or alternate treatments, so long as the intent of the ordinance is met. f I f Matetsa!!k ~I. No* Materia+&&Ws ffv~y be used 'in tmu to no n aa"m b rude ors Figure 860.2.6 11 M. SIGNAGE Signs shall be permitted in accordance with Chapter 78 of the Owasso Zoning Code, with the following exceptions: 1. Pole signs of any type over twenty five (25) feet in height are prohibited. Pole signs shall only be allowed on parcels adjacent to US- 169, 2, All signs not attached to buildings shall be of monument form and constructed of materials that complement the main building(s), 3. All signs not attached to buildings shall be set in a landscaped bed, 4, Maximum height shall be twenty five (25) feet for property with frontage on US-169 and SH-20. 5. Maximum height shall be twenty (20) feet for property with frontage on all arterial roads, 6. Maximum height for signage shall be ten (10) feet for all other public roads. 7. Full video message boards and signs are prohibited within the Overlay District. 8, New developments shall be allowed to use the Unified Sian Permit process and are encouraged to do so. N. BUILDING ORIENTATION All primary buildings on lots or tracts with frontage on the highway are encouraged to shall be oriented towards the highway. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent facades, constructed of equally high quality materials, facing both the highway and the secondary street. All buildings are encouraged to ';P1 fle be oriented towards the front of the lot, with parking lots towards the rear or alongside buildings. 0. COMMERICIAL DRIVE THROUGH LANES Drive-through facilities associated with commercial uses shall be architecturally integrated with the building. Q. OUTDOOR DISPLAY AND SALES All outdoor display or sales areas shall be shown on the site plan and shall encompass less than 20% of the area of the building footprint. Said display area shall be landscaped to provide definition of the area. Any allowed use that requires primarily outside sales shall not be required to meet these criteria. R. SCREEENING OF REFUSE COLLECTION AND LOADING AREAS Refuse collection areas shall be screened in accordance with Chapter 20. In order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets, non-enclosed service, storage, and off-street loading areas shall be screened with opaque sight-obscuring walls and/or fences of between six feet (6) and eight feet (8) in height made of durable materials. Screening materials shall be the some as, or of equal quality to, the materials used for the primary building and landscaping. SECTION TWO (2): BOUNDARY 12 This Ordinance shall affect all properties within the boundary described as follows; Beginning at the Northwest Corner of Section 4, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence east along the northern boundary of said Section 4 to the Northeast Corner of said Section 4, thence south along the eastern boundary of said Section 4 to the Northeast Corner of Section 9, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence south along the eastern boundary of said Section 9 to the Northeast Corner of Section 16, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the northern boundary of said Section 16 a distance of 1489.70 feet to a point on the section line, thence south to the West Right Of Way of North 138th East Avenue, thence south along the West Right Of Way of North 138th East Avenue to the northeast corner of Coffee Creek Office Park, a subdivision in Tulsa County, City of Owasso Oklahoma, Thence west along the north boundary of said subdivision to the northwest corner of said subdivision, thence south along the west boundary of said subdivision to the southwest corner of said subdivision, thence south across right of way of East 103rd St North, a street in the City of Owasso, Oklahoma, to the northwest corner of Cross Timbers, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south along the western boundary of said subdivision to the southwest corner of said subdivision, thence east along the south boundary of said subdivision to the southeast corner of said subdivision, thence south to the southwest corner of City View Estates, a subdivision in Tulsa County, Oklahoma, thence west to the northwest corner of First Baptist Church of Owasso, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south along the western boundary of said subdivision to a point of intersection with the south line of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along said south section line to the northwest corner of Section 21, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence south along the west line of said Section 21 a distance of 1597.54 feet to a point on the said section line, thence west to the southeast corner of Lot Reserve Area "A" of Tyann Plaza V, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence west along the southern boundary of said Lot Reserve Area "A" a distance of 1052.49 feet to a point on the east line of Lot 1, Tyann Plaza VI, a subdivision in Tulsa County, City of Owasso Oklahoma," a distance of 55.78 feet north of the southeast corner of said Lot 1, thence south along east line of said Lot 1 to the southeast corner of said Lot 1, thence west along the south line of said Lot 1 a distance of 314.57, thence south a distance of 444.62 to a point that is a distance of 133 feet northeast of the northeast corner of Lot 2, Block 1 of Tyann Plaza IX, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence south west a distance of 133 feet to the northeast corner of said Lot 2, thence south along to the east boundary line of said Lot 2 a distance of 638.94 feet to a point on the west line of the northwest quarter of Section 20, Township 21 N, Range 14 E, thence south along the east line of Lot Reserve Area "B", Tyann Plaza X, a subdivision in Tulsa County, City of Owasso, Oklahoma, a distance of 315.94 feet to a point on the north line of Three Lakes III, a subdivision in Tulsa County, City of Owasso Oklahoma, thence west along the north line of said subdivision a distance of 1141.99 feet to the northwest corner of said subdivision, thence southwest along a boundary line of said subdivision a distance of 289.61 to the northwestern subdivision corner, thence south along the west boundary line of said subdivision a distance of 1220.63 feet to the southwest property corner of Lot 4, Block 1 of said subdivision, thence southeast along the boundary of said subdivision a distance of 288.37 feet to the southwest corner of Lot 13 1, Block 1 of said subdivision, thence southeast along the west boundary of Three Lakes II, a subdivision in Tulsa County, City of Owasso Oklahoma, a distance of 697.02 feet to the northwest corner of Lot 4, Block 1, of said subdivision, thence south along west line of said subdivision a distance of 434.64 feet to a point on the south line of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the south line of said Section 20 to southeast corner of Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence west along the south line of said Section 19 a distance of 940 feet to a point on the said section line, thence north along the East Right of Way of North Cedar Street, a street in the City Of Owasso, a distance of 624.10 to the west property corner of Owasso Post Office Addition, a subdivision in Tulsa County, City of Owasso Oklahoma, thence northeast to the southwest corner of Lot 11, Block 2, Ater Heights 3rd Extended, a subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the south boundary of said subdivision to southeast property corner of Lot 9, Block 2 of said subdivision, thence northeast along the said subdivision boundary to the east property corner of Lot 2, Block 2 of said subdivision, thence north to the northeast corner of Lot 1, Block 2, Ater Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma, thence due north 30 feet to the centerline of E 22nd St IN, a street in the City of Owasso, thence west along said street centerline a distance of 327.19 to a point on the street centerline, thence north to the southeast corner of Lot 1, Block 3, Ater Heights IV, a subdivision in Tulsa County, City of Owasso, Oklahoma, thence north to the northeast corner of Lot 6, Block 3, Ater Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma, thence west along the north boundary of Lot 7, Block 3, Ater Heights IV, a subdivision in Tulsa County, City of Owasso Oklahoma a distance of 155.90 feet to a point on said boundary line, thence N 00°05'04" E a distance of 93.86 feet, thence N 46°17'32"E a distance of 714.43 feet, thence N 00°05'04" E a distance of 71.67 feet to a point on the south boundary line of Caudle Center, a subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the southern boundary of said subdivision a distance of 330.26 feet to a point on the east boundary line of Section 19, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Owasso, Oklahoma, thence north along the eastern boundary of said section a distance of 659.61 feet to the southwest corner of Section 17, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, Owasso, Oklahoma, thence north along the west line of said section 17 a distance of 1322.82 to a point on the said section line, thence east to the southwest corner of Lot 4, Block 1, Bailey Ranch Estates, subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the south boundary of said subdivision to the southeast corner of Lot 17, Block 7 of said subdivision, thence east along the south boundary of Bailey Ranch Estates ll, subdivision in Tulsa County, City of Owasso Oklahoma, to the southeast corner of Lot 12, Block 9, of said subdivision, thence north along east boundary of said subdivision to the northeast corner of Lot 8, Block 4 of said subdivision, thence east along the north boundary of Owasso Medical Campus, subdivision in Tulsa County, City of Owasso Oklahoma, to the northeast corner of Lot Reserve Area "B" of said subdivision, thence north to the northwest corner of Reserve Area "A" of Owasso Medical Park, subdivision in Tulsa County, City of Owasso Oklahoma, thence east along the north boundary of said subdivision a distance of 688.16 feet to a point on the west line of Section 16, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence north along the west boundary of said section to the southwest corner of Section 9, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City of Owasso, Oklahoma, thence north along the west boundary of said section to the southwest corner of Section 4, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, City 14 of Owasso, Oklahoma, thence north along the west boundary of said section to the Point of Beginning the northwest corner of Section 4, Township 21 North, Range 14 East. The described boundary contains 98396500.78 square feet or 2258.87 acres more or less. SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Zoning Code, Chapter 8, Planned Unit Developments and Overlay Districts, Section 860, Overlay Districts, as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, is hereby amended and codified adopting Section 860.4, US-169 Corridor Overlay District, containing sub-sections 860.4.1, Purpose, 860.4.2, US-169 Corridor Overlay Designated, 860.4.3, Permitted Uses, 860.4.4, Non- Conforming Uses, 860.4.5, Landscape Requirements, 860.4.6, General Requirements, 860.47, Design Considerations, 860.4.8, Building and Site Design Standards. PASSED AND APPROVED this ATTEST: r A&~& Sherry Bish ,City Clerk (SEAL) G\~,I OF O~v w ~ OFFICIAL SEAL OkLAHOO ' day of , 2012. I Dou B ebrake, Mayor APPROVED AS TO FORM: LoWa4ca 0 J lie Lombardi, City Attorney 15 TULSAWORLD W O R L D P U B L I S H I N G C O M P A N Y P.O. Box 1770 Tulsa, Oklahoma 74102-1770 Ad number: 8573675 CITY OF OWASSO PO BOX 180 ATTN JULIANN STEVENS OWASSO OK, 74055 PROOF OF PUBLICATION TITLE City of Owasso STATE OF OKLAHOMA, ) COUNTY OF TULSA, ) SS. AFFIDAyI T: r~ ~tM rl L 1 day(s), the first publication being on the 17th day of May, 2012 and Published in the Tulsa World, May 17, 2012, Tulsa, OK TY OF OWASSO, OKLAHOMA ORDINANCE NO. 1004 V ORDINANCE AMENDING HE CITY OF OWASSO ZON. 1G CODE AS CODIFIED IN HE OWASSO CODE OF OR. INANCES, PART 12, PLAN- ING, ZONING AND DEVEL- PMENT, CHAPTER 2, ONING REGULATIONS, UB-CHAPTER 8, PLANNED NIT DEVELOPMENTS AND VERLAY DISTRICTS, SEC- ION 860, OVERLAY DIS- RICTS, BY ADDING SUB- ECTION 860.4, US-169 ORRIDOR OVERLAY DIS. RICT NORTH, CONTAINING UB-SECTIONS 860.4.1, PUR- OSE, 860.4.2, US-169 CORR. OR OVERLAY DESIGNATED, 60.4.3, PERMITTED USES, 60.4.4, NON-CONFORMING SES, 860.4.5, LANDSCAPE '.EQUIREMENTS, 860.4.6 iENERAL REQUIREMENTS 60.4.7, DESIGN CONSIDER kTIONS, AND 860.4.8, BUILD NG AND SITE DESIGN STAN )ARDS. SASSED AND APPROVED thi! 7th day of April, 2012. s/ Doug Bonebrake, Mayor s/Sherry Bishop, City Clerk s/Uulie Lombardi, City Attorney of lawful I, I age, being duly sworn, upon the oath deposes and says that he / she is the CLERK of TULSA WORLD, a daily newspaper printed in the City of T ulsa, County of Tulsa, State of Oklahoma, and a bonafide paid general circulation therein, printed in the English language, and that the notice by publication, a copy of which is here to attached, was published in said newspaper for the last day of publication being on the 17th day of May, 2012, and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first publication of said notice, or advertisement, as required by Section one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended by House Bill No. 495, 22nd Legislature, and thereafter, and complies with all of the prescriptions and requirements of the laws of Oklahoma. (The advertisement above referred to is a true and printed copy. Said notice was published in all editions of said newspaper and not in a supplement thereof.) The advertisement above referred to, a true and printed copy of which is hereto attached, was published in said NEWSPAPER on the following dates, to-wit: 5/17/12 Said notice was published in the regular edition of said newspaper and not in a supplement thereof. Publishing Fee Notary Fee Affidavit TOTAL 176.70 176.70 Subscribed and sworn to before me this-day of p GL+ , A.D., 20 My commission expires tc,-f /~C i f22s.yL ~c"`~ Notary Public (Signature) ~aO~ DONNA S. PENNICK iL tery Public in -o tar Ihx s' r jAws TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson City Planner SUBJECT: Ordinance No. 1004 US-169 North Overlay DATE: April 13, 2012 BACKGROUND: Overlay districts are flexible land use control tools which establish additional development standards over the base zoning districts. Typically, overlay districts are used to protect areas from undesirable uses, control architecture and design, require additional landscaping beyond the base standards, or encourage mixing residential and business activity to support pedestrian oriented development. The Community Development Department has been working on an overlay for the northern portion of the US-169 corridor for over a year. The purpose of this overlay is to develop a basic set of design standards that will ensure the orderly development of the area, while protecting the investments made by businesses in the area and making the area attractive to new industry. The proposed Overlay District for the US-169 North Corridor is situated between East 86th Street North and East 126th Street North in consideration of the belief that there should be protections and standards in place for an area that will likely see the next wave of rapid growth and development that will be important for Owasso's future. This overlay continues building on the Quality of Life Plan principles and encourages sustainable development that will become a long term asset to Owasso. Proposed along the major corridor in Owasso, this overlay is designed to protect an area that represents a significant opportunity for business and corporate investment, important to the long term economic health of Owasso. Great opportunities abound within this corridor and this overlay proposes to establish uses and regulations that promote an environment of business, learning, and growth. Overall, this proposed US-169 North Corridor Overlay District seeks to establish regulations that protect the investment of landowners, as well as new businesses and corporations from unattractive, non-compatible uses, and ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion. Further, the overlay will ensure consistency in development, which will ensure property values are maintained and continue to increase. INPUT RECEIVED: On March 5, 2012, the Community Development Department held an open house for the general public to present information about the overlay and answer questions. Most of the concerns were related to a perception that the overlay was an attempt to annex properties within the overlay that are currently outside City limits. Staff answered these questions and explained that this overlay is intended to protect homes in the area, ensure that quality development occurs in the northern portions of Owasso, and that Owasso remain an attractive place for retail and corporate development. In addition to the public meeting, staff created a Facebook page for the overlay and also posted the proposed ordinance on the city web page for review and comment. Staff worked closely with property owners, developers, the Owasso Economic Development Authority (OEDA), business owners, and other interested parties in the creation of this document. Changes were made throughout the process in order to address concerns and create a document that will be effective in protecting the northern US-169 corridor. Staff made additional changes to the language since the last City Council review of the overlay in response to some of concerns that were raised since the public hearing.. Those changes include the following: ➢ Clarification on some of the prohibited uses; ➢ Clarification on what constitutes a vested project; ➢ Changes to the parking requirements removing the requirement for buildings to be constructed at the front of lots; ➢ Removal of the requirement of parapet walls on buildings because this is covered in Chapter 20 of the Zoning Code; ➢ Additional language promoting the use of Unified Sign Plans; ➢ and, clarification of outdoor sales requirements. These changes can be found within the attached ordinance with additions underlined and removals of text crossed-out. PLANNING COMMISSION: The Owasso Planning Commission reviewed this item at their regular meeting on March 12, 2011. At that meeting, the Planning Commission held a public hearing. Upon closing the public hearing, the Planning Commission voted 5-0 to recommend City Council approval of the US-169 North Overlay. CITY COUNCIL REVIEW: City Council held a public hearing on March 20, 2012 for the purpose of receiving citizen comments and input relating to the US-169 North Overlay. Only one citizen spoke at the public hearing and staff has worked with that individual to address his concerns. No action was taken at the City Council meeting. An ordinance is now being brought before City Council for consideration and action regarding the final step in the overlay adoption process. RECOMMENDATION: Staff recommends City Council approval of the Ordinance No. 1004 ATTACHMENTS: A. Ordinance No. 1004