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HomeMy WebLinkAbout1051_Amending Part 12, Ch2, Section 860_Downtown Overlay District•�� Tulsa County Clerk - PAT KEY 8 Doc # 2013030743 Page(s): 16 Recorded 04!1412015 at 01:58 PM , r'or�gHap.,py' Receipt # 530669 Fee $41.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1051 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 860.5, DOWNTOWN OVERLAY DISTRICT, CONTAINING SUB - SECTIONS 860.5.1, GENERAL DESCRIPTION, 860.5.2, PURPOSE, 860.5.3, DOWNTOWN OVERLAY DISTRICT DESIGNATED, 860.5.4, PERMITTED USES, 860.5.5, LANDSCAPE REQUIREMENTS, 860.5.6, GENERAL REQUIREMENTS, AND 860.5.7 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 by adding as follows: SECTION 860.5 DOWNTOWN OVERLAY DISTRICT 860.5,1 GENERAL DESCRIPTION It is the purpose and intent of the Downtown Overlay District to provide enhanced standards to protect and enhance the unique characteristics of the Main Street, 76th St and downtown areas. Overlay Districts may also be used to protect or facilitate a particular design theme established through specific architectural styles or periods, or to protect or facilitate site plan conventions such as setbacks that are both minimums and maximums. 860.5.2 PURPOSE • Encourage sustainable development that will become a long -term asset to Owasso. • Promote economic growth and redevelopment of the downtown Owasso area. • Encourage residential development as part of commercial development and to replace blighted properties on the fringe of the downtown area with new and higher- density residential. • Encourage the development of office space through stand -alone and mixed -use development. Office space is encouraged at a higher- density and multi -story structures. • Giving special attention to landscaping, buffering, signage, lighting and building setbacks in those districts identified as needing special attention. • Giving special attention to the existing architectural style or to the style that is planned, so as to create an easily identifiable area in those areas identified as architecturally significant. • Promote the history of Owasso. • Encourage quality, attractive and unique architecture. • Implement the Downtown Development District as described in the 2030 GrOwasso Land Use Master Plan and 2001 Downtown Master Plan. • Create a vibrant arts and entertainment district. • Create a walkable environment that embraces Owasso's Complete Streets Policy and makes a safe environment for pedestrians, automobiles and bicycles alike. • Create an area where development can be accomplished at a higher- density than allowed in any other commercial and residential areas of Owasso. • Attract new businesses and retain small businesses in the downtown area. • Revitalize Main Street and create a true Main Street environment. • Establish regulations that protect the investment of existing and new businesses 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 and the GrOwasso 2030 Land Use Master Plan. • Encourage locally -owned and Made In Oklahoma businesses 860.5.3 DOWNTOWN OVERLAY DESIGNATED A. BOUNDARY MAP The boundaries of the attached map (figure 1) depict the proposed Downtown Overlay Area. All properties within the depicted boundaries are subject to the rules and regulations within this chapter and the Owasso Zoning Code B. MAP AMENDMENTS No change in the boundary of the Downtown Overlay District shall be authorized, except by the City Council pursuant to the procedures outlined in Chapter 13, Amendments. Downtown Overlay District Boundaries 860.5.4 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 unit development (PUD) stipulations. A. USE RESTRICTIONS 1. In AG districts, only existing agricultural uses shall be permitted to continue and 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 860.5.4 (A) 5. 3. Allowed Uses. Any by right use or those issued with a Specific Use Permit (SUP) shall be permitted within the Downtown Overlay, unless otherwise restricted in this section. All uses shall be defined by the most recent version of the NAICS (North American Industry Classification System) book. 4. Encouraged Uses: • Retail Uses • Cafes & Sidewalk cafes • Restaurants (preferred locally or Oklahoma -owned restaurants) • Pub /Bar & Grill /Wine Bar • Personal Services (salon, barber shop, florist, health store, etc.) • Mixed Use (ground floor retail with offices or residential above) • Office space • Coffee shop • Boutiques • Art gallery • Small theatre or music -venue • Book store • Antique store • Farmers Market • Arts & Crafts Studios • Yoga /Fitness Studio • Small corner store with basic goods • Bakery/Artisan Foods • Entertainment Venues 11 5. The following By -Right and Specific Use Permit uses shall be prohibited in the Downtown Overlay District: • Industrial Uses except in the IH and IM Zoning District • Any new agricultural uses or businesses • Agricultural implement sales • Aircraft sales • Animal and Poultry Raising • Appliance store and repair • Arena • Auctioneer • Auto Rental • Auto Sales • Auto wash • Bait Shop • Bindery • Boat and Recreational Vehicle sales • Bottled Gas Sales • Cabinet Maker • Camper Sales • Casino /Gaming Center • Cemetery • Cesspool Cleaning • Chick hatchery • Concrete Construction Service • Construction equipment sales • Convenience Store • Disinfecting Services • Drag strip • Drive -in theatre • Exterminating services • Fairgrounds • Fence construction company • Fuel oil sales • Gas Service Station • Gas Station • Go -kart track • Golf Driving range • Halfway house • Janitorial service • Juvenile Delinquency Center • Kennel (as primary use) • Landfill • Lumber yard • Mini - storage warehouses (as a primary use) • Monument sales • Motor vehicle repair and tire shops • Motorcycle Sales • Oil Well Drilling and Cleaning Establishment • Outdoor Kennels (not a part of veterinary or grooming business) 5 • Outdoor Recreation including amusement parks • Outdoor storage of any kind as the principal use • Plastic material sales • Portable building sales • Portable storage • Power Plant • Pre - Release Center • Race tracks (animal or vehicle) • Sexually- oriented businesses • Shooting range (outdoor) • Taxidermist • Truck rentals • Truck stop • Vending sales and service • Woodworking shop • Wrecker Yards B. NON - CONFORMING USES Non - conforming properties and /or uses, which existed as of the date these regulations became effective, shall be allowed to continue in the same manner after the effective date of these regulations. However, such non - conforming properties and /or uses shall be subject to these regulations if feasible when: 7. A property owner requests any zoning change; 2. The principle use on the property is discontinued for a period of six (6) calendar months; 3. The property is destroyed or significantly altered (60% or greater); 4. Enlargements or improvements are made to the structures on the property that increase the gross square footage by 25% C. EXISTING USES SINGLE FAMILY RESIDENTIAL - The Downtown Overlay shall not affect existing single family residential uses. Said uses may continue to exist in perpetuity until such time as they are redeveloped or rezoned for another use. 2. PREVIOUSLY APPROVED PROJECTS OR DEVELOPMENT - Any project or development that has approved development plans or had plans submitted and under review prior to the effective date of this section shall not be required to comply with these regulations. Previous approvals remain valid unless the approval date lapses or changes are made to 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 section. Said project shall still be required to comply with the zoning regulations in effect at that time. An approved plot shall not constitute approval of a project. The Administrator shall determine if a project meets these criteria. 860.5.5 LANDSCAPE REQUIRMENTS Development and or redevelopment shall comply with Chapter 20 of the Owasso Zoning Code whenever possible. Smaller and unique developments shall provide a landscape plan that shall be approved by the Administrator. 860.5.6 GENERAL REQUIREMENTS A. All development shall follow City of Owasso procedures and requirements described in Section 2, General Provision, except as noted in this Section. B. 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 consist of: 1. Preliminary renderings or drawings of building elevations plus typical cross sections to clearly define the character of the project and to ensure these provisions are met; and 2. Clearly described exterior building materials to indicate compliance with this Section. The Administrator shall review the proposed building materials for compliance. 860.5.7 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 discouraged. Awnings are encouraged. Awning Standards • Awnings for a building fagade shall be of compatible color, look, shape and height. • Canvas or acrylic materials are encouraged. Aluminum, wood, or plastic awnings are prohibited. • The store name may be painted on the awning (subject to review and approval of the administrator). • Awning hardware shall not be visible. • Awnings shall provide vertical clearance of no less than 8 feet above sidewalks. • Awnings are not allowed to overhang over vehicular traffic ways. B. 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. Properties along Main Street shall be required to have the building located along the front property line. 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. 7 C. BUILDING SETBACK f -Al 4' s �k �i It is the intent of this chapter to enhance and preserve the character of the overlay by promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street, therefore building setbacks along public street frontage may be eliminated with a zero (0) foot setback when possible. Provisions for public sidewalks shall always be made. Public spaces for dining and display are encouraged between the building frontages and the public sidewalk, as long as a six (6) foot clear path of travel is maintained at all times. Side setbacks shall not be required, so long as buildings meet all building codes and fire rating standards. D. OUTDOOR SPACE Outdoor seating areas, fountains, plazas, courtyards and other elements are encouraged to create a unique, interesting and walkable downtown area. E. 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. A 'Q C. BUILDING SETBACK f -Al 4' s �k �i It is the intent of this chapter to enhance and preserve the character of the overlay by promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street, therefore building setbacks along public street frontage may be eliminated with a zero (0) foot setback when possible. Provisions for public sidewalks shall always be made. Public spaces for dining and display are encouraged between the building frontages and the public sidewalk, as long as a six (6) foot clear path of travel is maintained at all times. Side setbacks shall not be required, so long as buildings meet all building codes and fire rating standards. D. OUTDOOR SPACE Outdoor seating areas, fountains, plazas, courtyards and other elements are encouraged to create a unique, interesting and walkable downtown area. E. 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. F. EXTERIOR MATERIALS Exterior building materials shall include brick, glass, split -faced concrete block, stone, stucco, synthetic stucco, or cement -board or wood siding. Metal may be used only as accent material, and cumulatively may not exceed ten (10) percent of the area of any individual exterior wall along any public street. Pre - fabricated or engineered metal buildings are not allowed, though metal can be used as a construction material if covered with one of the allowed materials. These provisions shall not apply to roofs. G. ROOF PITCH Flat roofs and roofs with a pitch of less than 3:12 require a parapet wall. Roofs and screening shall comply with the regulations set forth in Chapter 20 of the Owasso Zoning Code. 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). No roof shall cause water to drain or flow directly onto any public way or sidewalk. Rainwater shall be collected and piped into storm drain systems or cisterns. Bio- swales, rain gardens or other LID technics are highly encouraged. H. 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. All utility service lines shall be located underground when feasible. This shall not apply to existing uses or single - family homes. 1. 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 twenty -five feet (25') in length shall incorporate one or more of the following features at least every twenty -five feet (25') in length: I . 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 (12 ") 3. Windows and fenestration 4. Gable projections 5. Horizontal /vertical breaks 6. Other similar techniques M. SIGNAGE Signs shall be permitted in accordance with Chapter 18 of the Owasso Zoning Code, with the following exceptions: 1. Pole signs in this district are not allowed. 2. Signs are encouraged to be attached to buildings and located on the face of buildings. All signs not attached to buildings should 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 for signage not attached to a building shall be six (6) feet. 5. Full video message boards and signs are prohibited within the Downtown Overlay District. 6. Larger and multi- tenant developments shall be allowed to use the Unified Sign Permit process and are encouraged to do so. 7. Signage overhanging the public sidewalk shall be allowed where building faces are adjacent to property lines. Signs shall be at least eight (8) feet above the sidewalk and shall require a sign permit. (See figure below). 8. All signs not attached to buildings should be of monument form and constructed of materials that complement the main building(s). 10 N. BUILDING ORIENTATION All primary buildings on lots or tracts with frontage on streets within the District, especially Main Street and E 761h St N. are encouraged to be oriented towards the street. 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 primary street and the secondary street. All buildings are encouraged to be oriented towards the front of the lot, with parking lots towards the rear or alongside buildings. O. COMMERICIAL DRIVE THROUGH LANES Drive -thru facilities are discouraged in the district. If drive -thru facilities are constructed as a part of the principal use, they shall be architecturally integrated with the main building. P. 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 same as, or of equal quality to, the materials used for the primary building and landscaping. Q. MIXED USE DEVELOPMENTS Buildings in the. District are encouraged to contain ground floor retail or restaurant spaces. Multi -story buildings are encouraged, with a mix of uses (office, retail /commercial, residential). 11 Residential uses above commercial spaces are encouraged and shall be allowed by -right in this district, subject to meeting adopted fire and building code requirements. R. SIDEWALK UTILIZATION Sidewalk cafes and room for sidewalk retail sales outside of businesses is encouraged. A minimum of six (6) feet of public travel path shall be maintained at all times and sidewalk business shall not impede this travel area at any time. Businesses shall be required to carry insurance for sidewalk space that holds the City of Owasso harmless and submit site plans for outside activity for approval by the City. S. PARKING 1. Parking shall be designed in accordance with the Zoning Code. 2. The Administrator may waive or alter parking requirements on unique lots on a case -by- case basis. 1 Multi - family developments shall provide at least one parking space per unit and are encouraged to meet current parking standards. The Community Development Administrator shall determine parking requirements. 4. Public parking is encouraged with any new developments and can be counted towards parking requirements (except residential parking minimums). Developers shall work with the City to review and design public parking arrangements. 5. If on street parking is present or permitted on adjacent streets, said parking spaces may be considered to meet or augment parking requirements. An inventory of such spaces shall be made and reviewed against the parking needs of other businesses in the vicinity. T. MULTI - FAMILY DEVELOPMENT Individual multi - family developments in excess of six (6) units shall proceed through the rezoning and PUD process in accordance with the Zoning Code. For multi - family developments of six (6) units or less, the project shall only be required to rezone to the appropriate multi - family district (unless already zoned commercial) and proceed through administrative site plan review. All additional standards shall be met. U. RESIDENTIAL DEVELOPMENT Residential redevelopment is encouraged, with mixed -use, multi - family, townhome, triplex and duplex development. 1 and 2- family residential development shall be allowed on any residentially -zoned lot. Development of up to 6 dwelling units shall be allowed by -right on any commercially zoned lot. V. STORMWATER DETENTION Detention shall only be required on new development that increases the impervious area. All detention requirements shall be determined by the Owasso Public Works Department. These requirements shall not be applicable to residential dwellings up to 6- units. 12 W. FLOOR AREA RATIO (FAR) There shall be no Floor Area Ratio (FAR) requirements in the district. X. AMENITIES 1. Smaller multi - family developments shall not be required to meet the amenity requirements established in the PUD Chapter of the Zoning Code. Amenities should be placed internally when possible in larger multi - family developments (workout room, rec room, pool area, etc.), unless said amenities are made available to the public. 2. Commercial developments are encouraged to provide public amenities whenever possible (benches, fountains, play areas, plaza areas, etc.) Y. EXCESS RIGHT -OF -WAY (ROW) When development occurs along public rights -of -way that have excess ROW (ex. Non - arterials with 70' ROW width), closing of the public ROW shall be encouraged where possible. An alternative is to provide public parking stalls in these areas. Closing of right -of- way shall be subject to approval of the Owasso Public Works Department Z. ADMINISTRATIVE REVIEW Unless cited within this chapter or another section of the Owasso Zoning Code, review of these guidelines shall be performed at the Administrative level. The Administrator and /or his designee may approve variations to the regulations set forth in this chapter or alternate treatments, so long as the intent of the ordinance is met. SECTION TWO (2): BOUNDARY The described boundary is contained within the South Half of Section 30, Township 21 N, Range 14 E and the North Half of Section 31, Township 21 N, Range 14 E of the City of Owasso, Tulsa County, Oklahoma. Beginning at the northwest corner of Lot 11, Block 8 of Greenlees , a subdivision in the City of Owasso, Tulsa County , Oklahoma, thence east along the north boundary line of said subdivision a distance of 807.44 feet to the northeast corner of Lot 16, Block 7 of said Greenlees subdivision, thence north along the west boundary line of Original Town, a subdivision in the City of Owasso, Tulsa County , Oklahoma, a distance of 10.00 feet to the northwest corner of Lot 3, Block 5 of said Original Town subdivision, thence east a distance of 282.30 feet to the east Right of Way line of North Atlanta Street, thence north along the east Right of Way line of North Atlanta Street a distance of 289.00 feet to the northwest corner of Lot 2, Block 3 of said Original Town subdivision, thence east along the north boundary line of said Original Town subdivision a distance of 1,038.20 feet to the northeast corner of Lot 1, Block 1, of said Original Town subdivision, thence south along the west boundary line of Wilawood, a subdivision in the City of Owasso, Tulsa County , Oklahoma a distance of 453.85 feet to the southwest corner of Lot 13, Block 6 of said Wilawood subdivision, thence east along the south boundary line of said Wilawood subdivision a distance of 1190.20 feet to the southeast corner of Lot 15, Block 5, of said Wilawood subdivision, also a point on west boundary line of Oklahoma Department of Transportation State Highway Right of Way for U.S. 169 Highway, thence south along west 13 boundary line of said State Highway Right of Way a distance of 210 feet to the northeast corner of Lot 1, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County , Oklahoma, thence south along the west boundary line of said State Highway Right of Way, a distance of 75.50 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 367.26 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 237.56 feet to a point being the southeast corner of Lot 6, Block 1 of said Forrest Drive Industrial Park, thence west along said west boundary line of the State Highway Right of Way a distance of 47.58 feet to a point, thence south along said west boundary line of the State Highway Right of Way a distance of 161.40 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 235.40 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 159.10 feet to a point, thence west along said west boundary line of the State Highway Right of Way a distance of 208.30 feet to a point, thence south along said west boundary line of the State Highway Right of Way a distance of 113.20 feet to a point, thence south a distance of 147.13 feet to a point on the said west boundary line of the State Highway Right of Way, also being a the northeast corner of Lot 1, Block 2 of Owasso Business Park, a subdivision in the City of Owasso, Tulsa County , Oklahoma, thence south along said west boundary line of the State Highway Right of Way a distance of 125.00 feet to a point, thence east along said west boundary line of the State Highway Right of Way a distance of 200.00 feet to a point being the northeast corner of Lot 1, Block 2 of said Owasso Business Park subdivision, thence southeasterly along said west boundary line of the State Highway Right of Way a distance of 191.00 feet to a point being the northeast corner of Lot 1, Block 3, of said Owasso Business Park subdivision, thence southeasterly along said west boundary line of the State Highway Right of Way a distance of 455.73 feet to a point being the southeast corner of Lot 2, Block 3, of said Owasso Business Park subdivision, thence west along the south boundary line of said Owasso Business Park subdivision, a distance of 1003.08 feet to the southwest corner of said Owasso Business Park subdivision, thence west a distance of 60.00 feet to a point on the east boundary line of said Original Town subdivision, thence south along the east boundary line of said Original Town subdivision a distance of 246.90 feet to the southeast corner of said Original Town subdivision, thence south along the east boundary line of Ivadel, a subdivision in the City of Owasso, Tulsa County , Oklahoma, a distance of 330.00 feet to the southeast corner of said Ivadel subdivision, thence west along the south boundary line of said Ivadel subdivision, a distance of 660.00 feet to the southwest corner of Lot 5, Block 1 of said Ivadel subdivision, thence north along the west boundary line of said Ivadel subdivision a distance of 330.00 feet to the northwest corner of Lot 1, Block 1 of said Ivadel subdivision, also a point on the south boundary line of said Original Town subdivision, thence west along the south boundary line of said Original Town subdivision a distance of 457.30 feet to the southwest corner of Lot 4, Block 34, of said Original Town subdivision, also the east boundary line of the Southern Kansas Oklahoma Railroad Right of Way, thence northwesterly along the east boundary line said Railroad Right of Way, a distance of 920.13 feet to a point, thence north along east boundary line of the said Railroad Right of Way a distance of 54.17 feet to a point of intersection of the east boundary line of the Southern Kansas Oklahoma Railroad Right of Way and south Right of Way line of West 2nd Avenue, a Street in the City of Owasso, Tulsa County, Oklahoma, thence north westerly along the east boundary line of said Railroad Right of Way a distance of 76.17 feet to a point of intersection of the east boundary line of the Southern Kansas Oklahoma Railroad Right of Way and north Right of Way line of said West 2nd Avenue, thence northwesterly along said east boundary line of the Railroad Right of Way a distance of 440.79 feet to a point, thence north a distance of 307.79 feet to the point of intersection of the said east boundary line of the Southern Kansas Oklahoma Railroad Right of Way and the south Right of Way line of said West Broadway Street, a Street in the City of Owasso, Tulsa County, Oklahoma, also the northwest corner of Lot 1, Block 12, of the Greenlees subdivision, thence northwesterly along the 14 east boundary line of said Railroad Right of Way a distance of 1,213.86 feet to northwest corner of Lot 11, Block 8 of the Greenlees subdivision, the Point of Beginning. Containing approximately 6,500,449 square feet or 149 acres. 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 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 is hereby amended and codified by adding sub - section 860.5, Downtown Overlay District, containing sub- sections 860.5.1, General Description; 860.5.2, Purpose; 860.5.3, Downtown Overlay District Designated; 860.5.4, Permitted Uses; 860.5.5, Landscape Requirements; 860.5.6, General Requirements; and 860.5.7 Building and Site Design Standards. PASSED AND APPROVED this 7th day of April, 2015. ATTEST: Sherry Bisho�/City Clerk U G <Cy a� OIV �� 9(P f" OFFICIAL (SEAL) SE'A'L 0 tAHOOI' APPR3( V{4�AS TO FORM: JuILK Lombardi, City Attorney 15 j Je Y� r oberly, Mayor PUBLISHER'S AFFIDAVIT PUBLICATION DATE(S) 04/16/15 CASE NUMBER: ORDINANCE NO 1051 AD NO: 00195914 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS I, of lawful age, being duly swom, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspa- per of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publica- tions as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and com- plies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publi- cation and not in a supplement, on the ABOVE LISTED DATE(S) Ark? Representative Siiwture Subscribed to and swo to me this 17th day of A nil 5. Notary Public Kathleen A. Drake My commission number: 06000391 My commission expires: January 9, 2018 Customer #: 00000779 Customer: CITY OF OWASSO A\ �ENAp tI ! Publisher's Fee: 263.20�Q�'j',�*pY pVe� Na 0woom 10111". lfflifft S 9 IN AND FOR • ' 1�0 C `, 195914 Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa on April 16, 2015 CRY OF OWASSO, OKLAHOMA ORDINANCE 1051 BE IT ORDAINED BY THE COUNCIL OF THE CT' 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- Chaper 8, Section 860, shall be wended by adding as follows: SECTION 5605 DOWNTOWN OVERLAY DISTRICT N11,15.1 GENERAL DESCRIPTION It is me purpose and intent of the Downtown Overlay District to provide enhanced standards to protect and enhance the unique characteristics of the Main Street, 76th St and downtown areas. Overlay Districts may also be used W protect or facilitate a witoo- ler design theme established through specific architectural styles Of periods, or to protect or facilitate site plan conventions such as setbacks that are bath minimums and maximums. SECTION TWO (2): BOUNDARY 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 me ive, the remaining porich 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 emotive thirty (30) days from the sate of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Zoning Code as codi5ed in the Owasso Code of Ordinances, part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, sub- chapter 8, Planned Unit De- velopments and Overlay Districts, Section 860, Overlay Districts is hereby emended and codified by adding wb-section 860.5, Down- town Overlay District, containing sub - sections 860.5.1, General Description; 860.52, Purpose; 860.5.3, Downtown Overlay District Designated; 860.5.4, Permitted Uses; 860.5.5, Landscape Re- quirements; 860.5.6, General Requirements; and 860 .5.7 Buliding and Site Design Standards. The described bounds PASSED AND APPROVED this 7th day of April, 2015. boundary is Range 14etl and the N Scull Half of Seo- /a/ Jed Moberly, Mayer lion 30, Township 21 N, Range 14 E all the North Hat W Section ATTEST. ye/ Sherry Bishop, City Clerk 31, Township 21 N. Range 14 E of the City of Owasso, Tulsa County, Old It APPROVED AS TO FORM: ye4lulie Lombardi, City Attorney Beginning at the northwe e subdivision In the Cit thence east along the n distance of 807.44 feel k of said Greenleas sub boundary line of Origin Owasso, Tulsa County , ( northwest comer of Lot 3 lion, thence east a dista Way line of North Atlanta of Way line of North Allan northwest comer of Lot Sion, thence east along Town Subdivision a dieter net of Lot 1, Block f, of south along the west bou me City of Owasso, To 453.85 feet to the southw lawood subdivision, then, said Wllawood subdivision east comer of Lot 15, Blo a point on west boundary portation State Highway thence south along wes Right of Way a distance r 1, Block 1, of Forrest or City of Owasso, Tulsa G the west boundary line at tents of 75.50 teat to a west boundary line of the of 367.26 feet W a poinr boundary line of me Stan 10 a point, thence Won Wong said Highway Right of Way a distance the northeast corner o1 Lot 1, BI, Park subdivision, thence scuthea line of the State Highway Right c to a point being the northeast a Owasso Business Park subdMsi said west boundary line of the Sit tance of 455.73 feet to a point b 2. Bock 3, of said Owasso Busi west along the south boundary Park subdivision. a distance of 10 net of said Owasso Business Part tance of 60.00 feet m a point on Orig1nW Town subdivision, francs I ine of said Original Town subtlivir the southeast corner of said Coil South Wong the east boundary lin City of Owasso, Tulsa County , ( feel to the southeast comer of E west Wong the south boundary li west comer of point on the so thence west al Lot 11, Block 8 of Greenlees n, Tulsa Go , Oklahoma, try line of sell subdivision a 1st corner of Lot 16, Block 7 fence north alone the west line of south- , also (, thence west along sad west ,y Right of Way a distance of along said west boundary line a distance of 161.40 feet to a ;aid west boundary line of the nnce of 235.40 feet to a winL it 1, Book 3, of said Southeasterly along If Right of Way a dis- ,utheast comer of Lot subdivision, thence A Owasso Business W the southwest cor- n, thence west a ois- mundary line of said ng the east boundary him of 246.90 feet to subdivision, thence a subdivision in the a distance of 330.00 Subdivision, thence Ivadel subdivision, a ar of Lot 5, Block 1 of to west boundary line .00 feet to the north- !I subdivision, also a PUBLISHER'S AFFIDAVIT PUBLICATION DATE(S) 04/16/15 CASE NUMBER: ORDINANCE NO 1051 AD NO: 00195914 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa I SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a weekly newspa- per of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publica- tions as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and com- plies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publi- cation and not in a supplement, on the ABOVE LISTED DATE(S) p Representative Si njhure ex . . 1.11.11 u' 11, 1 i Drake My commission number: 06000391 My commission expires: January 9, 2018 Customer #: 00000779 Customer: CITY OF OWASSO zq- Publisher's Fee: 263.20 0��J`t Y P(/" NIL DBDDDB� US IN AND : �Q FOR � ,.; OF OK� 195914 Published In the Owasso Reporter, Owasso, Tulsa County, Okla- homa on April 16, 2015 Cm OF OWASSO, OKLAHOMA ORDINANCE 1051 BE R ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: acres. 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 Paris of this ordinance are called unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain In full force and effect. SECTION ONE (1): AMENDED LANGUAGE SECTION FIVE (5): DECLARING AN EFFECTIVE The Owasso Zoning Code, contained within the Owasso Code of DATE Ordinances in Pan 12, Chapter 2, Sub - Chapter 8, Section 860, The provisions of this ardlnwm shell become effective miry (30) shall be amended by addling as follows: days from the sate of final passage as provided by state law. BECTON 860.5 DOWNTOWN OVE rev DISTRICT SECTION SIX (6): CODIFICATION 88051 GENERAL DES RIPTION It Is Me purpose and Intent of the Downtown Overlay District to provide enhanced standards to protect and enhance the unique characteristics of the Main Sheet, 76th St and downtown areas. Overlay Districts may also be used to protect or facilbehe a particu- lar design theme established through specific architectural styles or periods, or to protect or facilitate site plan conventions such as setbacks that are both minimums and maximums. SECTION TWO (2): BOUNDARY The described boundary is contained within the South Half of Sec- ton 30, Townshi 21 N, Range 14 E and the North Hall of Section 31, Township 2/ N, Range 14 E of the City of Owasso, Tulsa County, ONahoma. The City of Owasso Zoning Code as codified in Me Owasso Code of Ordinances, Part 12, Planning. Zoning and Development . Chapter 2, Zoning Regulations, sub- chapter S. Planned Unit De- velopments and Oconey DlsMcts, Section 860, Overay, Districts is hereby amended and codified by adding sub - section 860.5. Down- town Overlay District, containing sub - sections 860.5.ay 1, General 86 Description; 860.5.2, Purpose; 0.5.3, Downtown Overl District Designated 860.5.4, Permitted Uses; 860.5.5, Lwk1_ap� Re- quiremenls; 860.5.6, General Requirements; and 860.5.7 Building and She Design Standards. PASSED AND APPROVED this 7th day of April, 2015. W Jed Moberly, Mayor ATTESR /a/ Sherry Bishop, City Clerk APPROVED AS TO FORM: IWJulie Lombardi, City Attorney The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Downtown Overlay District - Ordinance 1051 DATE: April 3, 2015 BACKGROUND: APPROVED By COUNCIL APR 0 7 2015 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 district for a section of the original town area of Owasso for several months. The purpose of the Downtown Overlay ordinance is to develop a basic set of design standards that will help spawn desirable economic development activity that is pedestrian in scale, ensures attractive architecture and promotes orderly development, while making the area attractive for new business activity. The proposed overlay helps to implement the Town Square and Owasso Station District identified in the 2001 Downtown Plan, and addresses many of the concerns that were expressed during the development of the Quality of Life Initiative and the Land Use Master Plan regarding redevelopment of the downtown core. The proposed Downtown Overlay basically covers the area from 3m Street on the north to 5th Avenue on the south, the railroad tracks on the west and the US -169 service road on the east. In 2012, the city purchased the former First Bank Building for the purposes of moving City Hall to this location. Given this large public investment, it further emphasizes the need to protect the downtown core from development that would serve to degrade this facility. Overall, this proposed ordinance for the Downtown Overlay District seeks to establish regulations that protect the investment of existing and prospective landowners, as well serve to protect 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. This overlay document is a tool that will be used to create an arts and entertainment district, similar to what has been seen with the Rose District in Broken Arrow, or the Brady and Cherry Street Districts in Tulsa. TIMELINE: • This document has been in development and public input solicited since the summer of 2014. • Many key stakeholders, including business owners, investors and citizens in the downtown area, have provided input. • The Planning Commission reviewed this item in December and January and offered input. • Notices were sent to all property owners within the overlay district and within 300 feet of the area, announcing the time for the public meeting, the Planning Commission public hearing and the City Council public hearing. • The OEDA reviewed the overlay at their February 12, 2015 meeting. • A public input meeting took place on February 23, 2015 at 6:30 PM at the Community Center to receive citizen input, answer questions and discuss any issues. • The Planning Commission held a public hearing and voted to recommend approval on March 9, 2015. • The Council reviewed this item again at the work session on March 10, 2015. • The Council held a public hearing at the regular meeting on March 17, 2015. • The Council will consider action on the ordinance at the regular meeting on April 7, 2015. PUBLIC INPUT: A meeting for business owners was held at the Community Center on Friday, February 20th. The meeting afforded downtown business owners the ability to discuss perceived concerns with the downtown overlay language. Staff was able to discuss issues and answer questions dealing mostly with what the new overlay would mean for existing businesses and what changes would be required. On Wednesday, February 251h, a property owners meeting was held at the Community Center. There were well over 50 attendees and after an introduction and presentation by staff, the floor was opened up for questions. The questions ranged from impacts to property values to what the overlay meant for current businesses or those wanting to expand or relocate. There was also discussion on the use of metal buildings and the impact of the overlay to the availability of affordable housing. The draft language has been made available on the City's website in order to allow members of the community to review the document and comment. Additionally, a Facebook page Owasso Downtown Overlay Dist(ct) was created and has been a place for community dialogue. Social media has been a great way to connect with citizens and to spur community - wide discussion. PLANNING COMMISSION: On March 9, 2015 the Owasso Planning Commission held a public hearing to receive input on the Downtown Overlay District. After the hearing, the Planning Commission voted unanimously to recommend approval of the Overlay District with the condition to make all setbacks zero feet and to add language about the district being bicycle friendly. RECOMMENDATION: Staff recommends approval of Ordinance 1051, approving the creation of the Downtown Overlay District. ATTACHMENT: Ordinance 1051 - Owasso Downtown Overlay District