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HomeMy WebLinkAbout1113_OPUD 17-02_OZ 17 06_Mingo Crossing AG to RS-3Tulsa County Clerk - Michael Willis Doc # 2017101552 Page(s): 5 10 AJ s; 7 10/26/2017 01:17:43 M Receipt q 17 -60335 oktq ROMP Fee: $ 21.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1113 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT REFERENCED IN APPLICATION OPUD 17 -02 AND ZONING APPLICATION OZ 17 -06 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning and planned unit development of the property described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested planned unit development application OPUD 17 -02 and rezoning application OZ 17 -06. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as follows: A tract of land located in Government Lot Two (2) of Section Eighteen (18) of Township Twenty -one (2 1) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Beginning at the SW corner of Gov. Lot 2, Sec. 18, T -21 -N, R -14 -E, I.B. &M.; Thence N 00 057'06" W a distance of 1315.88 feet to the NW corner of said Gov. Lot 2; Thence N 88 140'08" E a distance of 776.56 feet along the north line of said Gov. Lot 2; Thence S 07 °05'42" W a distance of 665.54 feet to the NE corner of the SW /4 of said Gov. Lot 2; Thence S 00 °58'08" E a distance of 658.37 feet to the SE corner of said SW /4 of Gov. Lot 2; Thence S 88 144'29" W a distance of 683.59 feet to the Pint of Beginning, and containing 21.356 acres, more or less. The some is hereby zoned from AG (Agriculture) to RS -3 (Residential Single Family High Density) with a PUD Overlay (RS- 3 /PUD). The Site Development Plan and Statement of Intent shall be followed for any development of the described property. SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED AND APPRO D f is 17th day of r, 2017 Lyn II Du , Mayor Attest: ita3�f/UU Sherry hop, City CI k OF O;r` � N ~ OFFICIAL O (SEAL) S."E .L APPROVED AS TO FORM: JuIr Lombardi, City Attorney Page 2 of 2—Ordinance xxxx OPUD 17 -02 & 1" = 752 ft OZ 17 -06 08/09/2017 s This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso Public staff for the most up -to -date Information. J Weekly Group CITY OF OWASSO /LEGALS Attn JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Sklatook Journal - Wagoner County American- Tribune Tulsa Business& Legal News OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date November 01, 2017 Date Category Description Ad Size. Total Cost 11/0112017 Legal Notices ORDINANCE 1113 2x84.00 CL 107.52 Proof of Publication I, of lawful age, being duly sworn, am a legal representative of 422933 Published In the Owasso Reporter, Owasso, Tulsa Coun- Owasso Reporter of Owasso, Oklahoma, a Weekly newspaper of ty, Oklahoma, November 1, 2017. CITY OF OWASSO, OKLAHOMA general circulation in Tulsa, Oklahoma, a newspaper qualified to ORDINANCE 1113 AN ORDINANCE APPROVING PLANNED UNIT publish legal notices, advertisements and publications as DEVELOPMENT REFERENCED IN APPLICA- TION OPUD 17 -02 AND ZONING APPLICATION OZ provided in Section 106 or Title 25, Oklahoma Statutes 1971 and 17 -06 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT 1982 as amended, and thereafter, and complies with all other WHEREAS, Public hearings have been held regarding the request for rezoning and planned unit development of requirements of the laws of Oklahoma with reference to legal the property described, and That said notice, a true copy of which Is attached WHEREAS, the Owasso City Council has considered publications. the recommendation of the Owasso Planning Commis- sion and all statements for or against the requested Plan- hereto was published In the regular edition of said newspaper ned unit development application OPUD 17-02 and rezoning application OZ 17-06. duringthe period and time of publication and not in a NOW, THEREFORE, BE IT ORDAINED BY THE COUN- CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO supplement, on the DATE(S) LISTED BELOW WIT: SECTION 1. A tract of land described as follows: A tract of land located In Government Lot Two (2) of Section Eighteen (18) of Township Twenty-one (21) North and Range Fourteen (ld) East of the Indian Base and Meridian (I.B. &M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more Particularly described as fol- lows: Beginning at the SW corner of Gov. Lot 2, Sec. 18, T- 21-N, R -14 -E, I.B. &M.; Thence N OV 57'W' W a dis- tance of 1315.88 feet to the NW corner of said Gov. Lot 2; Thence N Ill 40. 08' E a distance of 776.56 feet along the north line of said Gov. Lot 2; Thence 5 OP 05' 42' W a distance of 665.54 feet to the NE corner of the SW/d of sold Gov. Lot 2; Thence S OV 58. 08' E a distance of 658.37 feet to the SE corner of said SW /4 of Gov. Lot 2; Thence 5 88' M' 29' W a distance of 683.59 feet to the Pint of Beginning, and containing 21.356 acres, more or less. The some is hereby zoned from AG (Agriculture) to RS -3 (Residential Single Family High Density) with a PUD Overlay (RS- 31PUD). The Site Development Plan and Statement of Intent shall be followed for any develop- ment of the described property. SECTION 2. All ordinances or Parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 3. If any Port or parts of this ordinance are deemed uncon- stitutional, Invalid or Ineffective, the remaining portion shall not be affected but shall remain in full force and ef- fect. SECTION 4. Time (sions of this ordinance shall become effective thirty (30) days from the date of final passage as Provid- ed by state law. SE TION 5. That ere filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED by the City Council of the City of Owasso, Okla- homa on the 17th day of October, 2017. /s/ Lyndell Dunn, Mayor ATTEST: /Y Sherry Bishop, City Clerk APPROVED as to form and legality: /s/ June Lombardi, City Attorney 11/01/2017 Newspaper reference: 0000422933 Legal Representative Sworn to and subscribed before me this date: otary Public My Commission expires: a mow— rw %00 NOTARY PUBLIGSTATE OF OKLAHOMA NANCY CAROL MOORS comm. jW COMMISSION # 06011684 12.08 TULSA COUNTY sd The City Wit ouf Limifs. TO: FROM: SUBJECT: DATE: Honorable Mayor and City Council, City of Owasso Bronce L. Stephenson, MPA Director of Community Development �pA'R o�EOey ocr 18 Ordinance 1113 / OPUD 17 -02 & OZ 17 -06 - Mingo Crossing October 13, 2017 BACKGROUND: COUJQ /4 201? The Community Development Department received a Planned Unit Development (PUD) application for Mingo Crossing, a proposed residential subdivision development. The subject property is located on the east side of N Mingo Rd, approximately a quarter mile south of the intersection of E 106th St N and N Mingo Rd. The property is approximately 21.36 acres in size and is currently zoned AG (Agriculture). A rezoning request (OZ 17 -06) was filed concurrently with this PUD application requesting that a zoning of RS -3 (Residential Single - Family High Density) be applied to the property. In September 2017, City Council approved Ordinance 1108 to annex the subject property into the City Limits of Owasso. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North PUD 06 -04/ RM (Residential Multi - Family) Undeveloped Transitional City of Owasso South PUD 01- 02 /RS -3 (Residential Residential/ Residential City of Owasso 2.67 DU /AC Proposed 2.81 DU /AC Maximum Single - Family High Density) Undeveloped 57 DU Proposed 60 DU Maximum Within PUD? East PUD 06- 04 /RS -1 (Residential Undeveloped Residential City of Owasso Single - Family Low Density) West I AG (Agriculture) Undeveloped Residential I City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 21.36 acres Current Zoning AG (Agriculture) Proposed Use Residential Proposed Zoning RS -3 (Residential Single - Family High Density) Lots /Blocks 57 lots, 4 blocks Land Use Plan Residential Number of Reserve Areas I Reserve Area 2.67 DU /AC Proposed 2.81 DU /AC Maximum Gross Dwelling Urut�Acre Total Units 57 DU Proposed 60 DU Maximum Within PUD? PUD -17 -02 Within Overlay District? No Water Provider City of Owasso Applicable Paybacks /Fees Storm Siren Fee ($35.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Sheets (public or private) Public CONCEPT OF A PUD: A Planned Unit Development, also known as a PUD, is a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. For example, PUDs often allow developers to place different zonings and land uses in close proximity to each other. Developers may also have more flexibility in certain aspects of development, such as building setback requirements and building height limitations, which can be more restrictive in standard zoning districts. However, a PUD should not be considered a tool to circumvent the City's Zoning Code and Subdivision Regulations. All aspects of the PUD application are subject to public comment as well as consideration and approval from the Community Development Department, the Owasso Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council. PUD applications presented to the Planning Commission and City Council are for approval of the uses and the overall conceptual development plan as it relates to the context of the surrounding area. ANALYSIS: The subject property was annexed into the City Limits of Owasso in September 2017 under Ordinance 1108. A significant amount of the eastern portion of the subject property lies within the 100 -year floodplain. There is also an active drainageway /creek that runs the length of the property from the northern boundary to the southern property line. Therefore, this PUD proposal and accompanying zoning request only apply to the western portion of the annexed property on which development is able to take place. The legal description submitted with the rezoning request excludes the portion of the property on the east side of the 100 -year floodplain. This eastern portion would retain its current zoning of AG (Agriculture) while the rest of the property would be rezoned RS -3 (Residential Single - Family High Density). The total development area is 1 1.10 acres, while the remaining balance of the property will remain as common open space. Development on the property would take the form of a detached single - family residential subdivision. The PUD proposes 57 lots in 4 blocks with a maximum of sixty (60) dwelling units. The developer anticipates that Mingo Crossing will be developed in one (1) phase. The underlying zoning of RS -3 (Residential Single - Family High Density) will guide the development of the property, but the PUD process allows for unique design in meeting the requirements for an RS -3 district as prescribed by the Zoning Code. While the Zoning Code requires RS -3 districts to have a minimum lot width of sixty -five (65) feet, the PUD proposes lot widths of sixty (60) feet. Additionally, the lot sizes in the development will range between approximately 5,400 square feet and 6,600 square feet, while the Zoning Code requires 7,000 square foot lots. Finally, the minimum front yard setback in the PUD proposal is twenty (20) feet while the Code requires twenty -five (25) feet. These smaller dimensions are proposed in the PUD document due to the significant restrictions placed on the subject property by the 100 -year floodplain that makes much of the property undevelopable. Residences in RS -3 zoning districts are required by the Zoning Code to provide a twenty -five (25) foot setback in the front yard primarily due to driveway parking of vehicles. In a typical residential subdivision, this requirement ensures that the driveway of the residence will be an adequate length to avoid vehicles overhanging the sidewalk. The applicant is pursuing a PUD on the subject property because the physical characteristics of the property make it difficult to develop under the typical RS -3 district standards required in the Zoning Code. Therefore, after discussions with the applicant, staff has worked with the applicant in the design of certain allowances in how the applicant intends to develop the property that will still ensure that adequate driveway and street parking will be provided. Staff has agreed to support a twenty (20) foot front yard setback for the development to allow the applicant to design the subdivision to get a good lot yield, despite the amount of undevelopable land. However, two other measures have been agreed to by staff and the applicant in order to protect the intent of front yard setback requirements in the Code. First, sidewalks will be provided throughout the subdivision and will be constructed along the back of the curb with no grass strip between the sidewalk and the street, as seen in typical residential development in Owasso. This design allows an extra few feet of driveway length for parking of vehicles, reducing the potential for them to overhang on the sidewalk. An example of sidewalks placed on the back of the curb can be seen in Exhibit G of the PUD proposal document. Second, while the front of the home would be allowed a twenty (20) foot front yard setback, all garages shall be required to meet a higher front yard setback of twenty -two (22) feet, pushing them back farther from the sidewalk and street. The combination of these two requirements will result in driveways that meet the typical twenty -five (25) foot front yard setback for RS -3 districts as well as improve the overall aesthetics of the neighborhood. Residences in the subdivision are expected to be of a Craftsman - style, which is a type of architecture not currently prevalent in Owasso. Craftsman -style homes tend to have larger front porches and more architectural detail than typically found in today's residential building trends. An example of the Craftsman -style homes expected to be developed in Mingo Crossing can be seen in Exhibit D of the PUD proposal document. Allowing the front of the residence to be placed closer to the street than the garage also adds aesthetic value to the home. The typical residence in Owasso has a garage that protrudes farther than the front of the home into the front yard, resulting in a home that is visually dominated by the garage. The front fapade of the Craftsman -style homes in Mingo Crossing, however, will be allowed to project farther into the front yard than the garage, creating a more welcoming and aesthetically pleasing home. The home sizes are likely going to range from 1,400 square feet to over 2,500 square feet. Parking is often a concern when considering PUD proposals such as this one requesting smaller lot sizes, lot widths, and front yard setbacks than what is typically required by the Zoning Code. One way that the PUD proposal intends to provide adequate parking within the development is by clustering the driveways of the residences together. Typically, driveways in a residential subdivision are spaced evenly apart, leaving room for at least two (2) cars to park on the street between the driveways. However, as this PUD requests smaller lot sizes, the typical driveway arrangement would only provide enough space for one (1) car to park between driveways on the street. Therefore, the PUD proposal calls for clustering the driveways. An example of clustered driveways can be seen in Exhibit G of the PUD proposal document. By placing the driveways of adjacent houses next to each other, rather than spaced evenly down the row of houses, it allows for two (2) or three (3) cars to be parked on the street in the larger gaps left between drives. Extra parking for the subdivision will also be provided in the form of several parking spaces placed near the amenity area and trail access point in the northeast corner of the development. Two (2) access points to the development will be located on N Mingo Rd. Due to traffic and safety concerns along this arterial, acceleration and deceleration lanes will be required for these access points. Access points on N Mingo Rd will also have attractive entry features and landscaping to add aesthetic value to the neighborhood. Sidewalk will be provided along N Mingo Rd. The streets within the Mingo Crossing development will be public. In terms of providing the required number of amenities in a typical PUD, the property is significantly limited due to its size and the constraints of the 100 -year floodplain. To supplement the amenity limitations on this PUD, an extensive Interpretive Nature Trail would be constructed and maintained between the residential development and the 100 -year floodplain. The trail would run the length of the property from the northern property line to the southern property line, closely following the drainageway /creek. This trail would be designed and platted as a twenty (20) foot public trail easement, so that it eventually would be eligible for connection to the Owasso Regional Trail System as it is developed in the future. The trail would also be dedicated to the City of Owasso upon the City's request at a time deemed appropriate. Informational signs would be placed along the trail denoting local wildlife, trees, and plants. There would be two (2) access points to the trail from the residential subdivision, and it would be constructed with a hard surface material. The creek has substantial tree coverage, and the developer expects that most of the trees in the floodplain area would remain undisturbed. Staff feels that the amenities provided meet the intent of the Code. As required by the Subdivision Regulations, a Homeowners' Association will be established to maintain the Interpretive Trail System, reserve areas within the development, fencing and landscaping along Mingo, and other amenity areas. All open space and amenity requirements as set out by the Owasso Zoning Code would be met by the PUD. The PUD document states that the expected open space would be 28.1% of the development area, which exceeds the 20% requirement specified in the Zoning Code. The applicant has submitted a Preliminary Plat along with this PUD request. As per the Chapter on Planned Unit Developments in the Owasso Zoning Code, a Preliminary Plat may be submitted concurrently with a PUD application. The Preliminary Plat was also reviewed along with the PUD by staff and the Technical Advisory Committee and allows the applicant to proceed with a Final Plat once the PUD has received approval from the Owasso City Council. The City of Owasso will provide sanitary sewer, Fire, Police, EMS, and water service to the proposed development. Adequate utility access to the homes in the interior of the development has been provided in the form of a ten (10) foot access easement located midway in the interior block of residences. Sanitary sewer service would need to be extended from the west or south to serve the property. Stormwater detention will be provided on -site. If the PUD is approved, the applicant would provide final development plans for the area being developed for administrative review and approval by City Staff. These plans shall include civil engineering drawings, landscape plans, drainage plans, utility plans, Final Plat, etc. A neighborhood meeting was held by the applicant on September 5, 2017, to provide an opportunity to answer any questions and address any concerns of nearby property owners. Invitations to the meeting were sent out by the applicant to all property owners within a 300' radius of the subject property, but no residents attended the meeting. City staff published a legal notice of the PUD and zoning requests in the Owasso Reporter on September 20, 2017, and also mailed notices to property owners within a 300' radius of the subject property. COMPREHENSIVE PLAN CONSISTENCY: The 2030 GrOwasso Land Use Master Plan identifies the subject property for residential land uses. The proposed residential development is therefore supported by the Land Use Master Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The land surrounding the subject property is primarily undeveloped with a residential subdivision to the southeast. If approved, the Mingo Crossing development would have the some underlying zoning as the existing adjacent residential subdivision. The majority of surrounding parcels of land are called out for residential land uses in the 2030 GrOwasso Land Use Master Plan, with transitional land uses called out for to the north. Therefore, an RS -3 (Residential Single - Family High Density) zoning and the development in the PUD proposal would be in harmony with the existing and expected development in the area. PLANNING COMMISSION & COUNCIL CONSIDERATION: Future planning issues must be considered if the PUD amendment is approved. If approved, the applicant would be required to adhere to all City of Owasso subdivision regulations and engineering requirements. According to the Owasso Zoning Code, the Planning Commission and City Council shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD Ordinance, which are: a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. PLANNING COMMISSION: The Planning Commission heard this item at their October 9, 2017, meeting, voting unanimously to recommend approval. RECOMMENDATION: Staff recommends approval of Ordinance 1113, approving PUD -17 -02 and Rezoning OZ -17 -06 ATTACHMENTS: Ordinance 1113 Aerial Map Zoning Map 2030 GrOwasso Land Use Master Plan Map Mingo Crossing PUD Concept Proposal Mingo Crossing Preliminary Plat