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HomeMy WebLinkAbout1127_OZ 17-09_SE C of E 89th St n & N Mingo Rd RS-3 to RNXTulsa County Clerk - Michael Willis Doe p 2018030184 Page(s): 3 y: Ur 7 04/09/2018 01:31:31 PM Receipt a 18 -19049 pn�aNOMp* Fee: $ 17.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1127 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ 17 -09 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the rezoning of the property referenced in OZ 17 -09. 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 THE WEST HALF OF THE SOUTHWEST QUARTER (W /2 SW /4) OF SECTION NINETEEN (19), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE NORTHWEST CORNER OF W/2 SW /4 OF SAID SECTION; THENCE S 01018'18" E ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 794.83 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE LARKIN BAILEY BOULEVARD RIGHT -OF -WAY TO THE FOLLOWING FOUR COURSES AND DISTANCES: (1) N 88 044'25" E A DISTANCE OF 250.96 FEET; (2) A CURVE TO THE RIGHT HAVING A RADIUS OF 270.00 FEET AND A CENTRAL ANGLE OF 48 068'01" A DISTANCE OF 230.75 FEET, THE CHORD OF SAID CURVE BEARS S 66 046'35" E A DISTANCE OF 223.79 FEET; (3) S 42 11734" E A DISTANCE OF 123.61 FEET; (4) A CURVE TO THE LEFT HAVING A RADIUS OF 485.00 FEET AND A CENTRAL ANGLE OF 43 020'02" A DISTANCE OF 368.82 FEET, THE CHORD OF SAID CURVE BEARING S 63 05735" E A DISTANCE OF 358.14 FEET; THENCE S 13 031'48" W ALONG THE BOUNDARY OF TRACT ONE (1) OF THE BAILEY RANCH GOLF COURSE A DISTANCE OF 233.62 FEET; THENCE S 88 °55'45" W A DISTANCE OF 447.43 FEET; THENCE N 01 018'18" W ALONG THE EAST PROPERTY LINE OF A TRACT OWNED BY PSO A DISTANCE OF 101.66 FEET; THENCE S 88 °55'45" W ALONG THE NORTH PROPERTY LINE OF PSO TRACT A DISTANCE OF 346.50 FEET; THENCE N 01118'18" W ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 471.85 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINS 7.76 ACRES, MORE OR LESS. The some is hereby zoned from RS -3 (Residential Single - Family High Density) to RNX (Residential Neighborhood Mixed). 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. There shall 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 APP VIED this 3rd day of fil, 2018 �W"ZOU" Lyn I D n, Mayor Attest: /U" (/(X / ®/ " Sherry Bish , City Clerl F Dy OFFICIAL (SEAL) SEAL %AHOO'P All VI AS TO�FO,R /M�: . ILA2 Ju Lombardi, City Attorney Ordinance 1127 Page 2 of 2 � 0 o�- �O c . � � 0 ) � ( \ !£ k !!.! ! ! ! & } }�! |/ \) HI ) § ! (fig ®0 _$k |;, \ { /22) !, . !(! � \]7!k)f ) #) §!f 211 -0 El 8,0-2, ) � ( \ !£ k !!.! ! ! ! & } }�! |/ \) HI ome § {�� (fig ®0 _$k |;, !k) /22) . � ) � ( \ !£ k !!.! ! ! ! & } }�! |/ \) HI GrOwasso 2030 Land Use Master Plan OZ 17 -09 Ix 0 rn c wa II 0 Subject Property t LEGEND *� Land Use Categories * f SCommercial 100yr Roodplain - InduslriaORegional Bnpbyment Planned TraillOnStreet Bikeroute/ I IN Complete Street Neighborhood Mixed Use (Light Office, ® Commercial Shopping, Attached Housing, ExisOng troll If SF Flousug, Apadments above retail) A Fre Station •., ParldRecreation Existing Pudic School 't i f _ PublidlnstiNtionatfOuasi Public P. Future Public School i Residential (Single family detached housing) -t- CimAian Airstrip 'i y Tmmitional (Attached housing, duplexes, oltices) ® Future Pads and Riderfransk Slop 0 ® US-169 Overlay District © Hospital ®'GervwMurAddidmSpedalDistdq Q Public Park i -' ® '- Downtown Development District v Golf Course all ae Iii, ON ON IN ■ ■ fh E 86 St N ttt Cemetery t LEGEND UD-9 �o_oye. ST�xii�C� �!N�MAU V Project Area ±428.2 grass acres 4411.3 net acres Total Maximum Allowable Dwelling Units 2,335 dwelling units Development Areas: e Residential Single- family Detached (RS-3) - Total Area +304.6 gross acres - Maximum Allowable Dwelling Units.(5.2 DU/ac.) 2,052 dwelling units o Residential Multi- family (RM -1) Total Area +23.6 gross acres - Maximum Allowable Dwelling Units (12 DU /ac.) 283 dwelling units e Commercial Shopping (CS) - Total Area ±10.0 gross acres Maximum Allowable Floor Area 217,800 square feet Floor Area Ratio 5 , ° Actual floor area to be determined by parking, building setback and landscaping requirements. • Weekly Group � CITY OF OWASSO /LEGALS Ann JULIE STEVENS PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Sklatook Journal Wagoner County American - Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date May 02, 2018 Date Category Description Ad Size Total Cost 05/02/2018 Legal Notices ORDINANCE 1127 2 x 101.00 CL 129.28 470004 Published In the Owasso Reporter, Owosso, Tulsa Coun- ty, Oklahoma, May 2, 2018. CITY OF OWASSO, OKLAHOMA ORDINANCE 1127 AN ORDINANCE APPROVING ZONING APPLICA- TION NUMBER OZ 17.09 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described, and WHEREAS, the Owosso City Council has considered the recommendation of the Owasso Planning Commis- sion and all statements for or against the rezoning of the Property referenced In OZ 17-M. 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 THE WEST HALF OF THE SOUTHWEST QUARTER (W2 SW /4) OF SECTION NINETEEN (19), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDI- AN, TULSA COUNTY, STATE OF OKLAHOMA, AC- CORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: The same Is hereby zoned from RS-3 (Residential Single- Family Hlgh Density) to RNX (Residential Neighbor- hood Mixed). Section 2. All ordinances or Parts of ordinances, In conflict with this ortllnance are hereby revealed to the extent of the conflict only. If any Part or Parts of this ordinance are deemed uncon- stltutlonal, Invalid or Ineffective, the remaining portion shall not be affected but shall remain In full force and ef- fect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final Passage as Provid- ed by state law. Section S. There shall 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 APPROVED this 3rd day of April, W18 /s/ Lyndell Dunn, Mayor Attest: /s/ Sherry Bishop, City Clerk APPROVED AS TO FORM: W Julie Lombardi, City Attorney Affidavit of Publication I, Melissa Marshall of lawful age, being duly swom, am a legal representative of the Owasso Reporter of Owasso, Oklahoma, a weekly newspaper of general circulation in Tulsa County, Oklahoma, a legal newspaper qualified to publish legal notices, as defined in 25 O.S. § 106 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publication. 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 publication and not in a supplement, on the DATE(S) LISTED BELOW 05/02/2018 Newspaper reference: 0000470804 L gal Representative Sworn to and subscribed before me this date: otary P blic My Commission expires: 1,2-'-610, 'e,% %rl NOTARY PUBLIC-STATE OF OKLAHOMA cantor, exe. NANCY CAROL MOORE 12- oa•2ols COMMISSION p 06011684 TULSA COUNTY FROM: Bronce L. Stephenson, MPA Director of Community Development SUBJECT: Rezoning (OZ 17 -09) - SE Corner of E 89th St N and N Mingo Rd Ordinance 1127 DATE: March 30, 2018 BACKGROUND: The Community Development Department received a rezoning request for property located on the southeast corner of E 89th St N and N Mingo Rd. The subject property is within OPUD -9 for the Bailey Ranch Golf and Community Development. The applicant is seeking a rezoning from RS -3 (Residential Single - Family High Density) to RNX (Residential Neighborhood Mixed). This item was originally scheduled to appear on the City Council meeting agenda for January 16, 2018. However, at the request of the applicant, it was continued until the City Council meeting on April 3, 2018. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North OPUD -9 / RS -3 (Residential Residential & Residential & I Lot, 1 Block Land Use Plan Single - Family High Density) Golf Course Parks /Recreation City of Owasso No AG (Agriculture) & City of Owasso Applicable Paybacks Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Storm Siren Fee ($50.00 per acre) South OPUD -9 / RS -3 (Residential Utility & Public /Institutional Tulsa County & Single - Family High Density) Residential & Transitional City of Owasso East OPUD -9 / RS -3 (Residential Single - Family High Density) Golf Course Parks/ Recreation City of Owasso West AG (Agriculture) Residential Transitional Tulsa County SUBJECT PROPERTY /PROJECT DATA: Property Size 7.76 acres Current Zoning RS -3 (Residential Single - Family High Density) Proposed Zoning RNX (Residential Neighborhood Mixed) Proposed Use Senior Housing Lots /Blocks I Lot, 1 Block Land Use Plan Transitional Within PUD? OPUD -9 Within Overlay District? ' No Water Provider City of Owasso Applicable Paybacks Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Storm Siren Fee ($50.00 per acre) ANALYSIS: The subject property is a part of OPUD -9, also known as the Bailey Ranch Golf and Community Development PUD that was adopted in April 1991 with Ordinance 429. The general area covered by OPUD -9 is east of N Mingo Rd, reaching from E 96th St N to just south of E 861h St N. The PUD established various types of residential zoning as well as commercially -zoned areas within its boundaries. Within the PUD document, the subject property in this rezoning request was originally called out for Residential Patio Homes and was zoned RS -3 (Residential Single - Family High Density). The applicant is requesting a rezoning from RS -3 to RNX (Residential Neighborhood Mixed) with the intention of creating a senior housing development on the property. RNX zoning allows residential density of up to 12 units per acre, which would permit the density being sought by the proposed senior housing development. The PUD document permits the transfer of units between development areas as long as the overall density allowed within OPUD -9 is not exceeded. Rezoning the subject property from RS -3 to RNX essentially increases the number of units allowed to be developed on the property, which in effect decreases the number of units available to develop on the rest of the property within OPUD -9. The PUD document allows for a total of 2,335 dwelling units for both single- and multi- family residences within the entirety of OPUD -9. Currently, 939 units have been built, leaving a balance of 1,396 units still available to be developed. A zoning of RNX on the subject property, which is 7.76 acres in size, would only allow a total of 93 units to be developed on the property. This number of units would not cause the overall density within the PUD as a whole to go over the allowed amount. This rezoning request is seeking to allow a higher density of units than was originally called out for in the approved PUD document for the subject property. Therefore, as per the PUD requirements in the Owasso Zoning Code, a Minor PUD Amendment is being administratively processed concurrently with this rezoning request to approve the transfer of allowed units to the subject property. Any development of the property would have to follow all City of Owasso development standards. The RNX zoning district was added to the Owasso Zoning Code in 2016 with Ordinance 1087. According to the language in the Code: "RNX zoning was established to facilitate "uses that fall in- between typical single - family development and higher density multi - family developments... The typical uses allowed in [RNX] zoning are duplex, triples, multiplex, townhome, garden apartments, cottages, apartment /bungalow court, attached senior housing, condos, and similar type uses. These units can be owner- occupied or rental units. Any multi - family development shall be reviewed as a Planned Unit Development." The GrOwasso 2030 Land Use Master Plan identifies this property for transitional land uses. The types of land uses allowed in RNX districts are often utilized as a buffer between higher density uses and lower density uses, which makes them appropriate for property called out for transitional land uses. The subject property is adjacent to an apartment complex to the south (which is a higher residential density) and a neighborhood of patio homes to the north (which is a lower residential density). A residential development in this location with a zoning of RNX would act as a good land use transition between the existing residential developments and would align with the purpose of the transitional use area identified in the Land Use Master Plan. Considering this, Staff determined that a zoning of RNX is an appropriate zoning for the property and is in compliance with the GrOwasso 2030 Land Use Master Plan. Staff has had several productive discussions with members of the Fairways Homeowners' Association to discuss their concerns and explain the zoning process. As of now, a neighborhood meeting is being scheduled between staff, the development team and the residents of the Fairways subdivision to answer questions and provide information on the potential development of the property. The City of Owasso would provide sanitary sewer, Fire, Police, EMS, and water service to the property. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. PLANNING COMMISSION The Planning Commission considered this item at their regular scheduled meeting on January 8, 2018, voting 5 -0 to recommend approval. RECOMMENDATION: Staff recommends approval of Ordinance 1127, rezoning the subject property to RNX (Residential Neighborhood Mixed). ATTACHMENTS: Ordinance 1127 Zoning Map GrOwasso 2030 Land Use Master Plan Map OPUD -9 Documents