HomeMy WebLinkAbout1152_Part 12 Amend Zoning Code Ch 2_Overlay DistrictsLKm� Tulsa County Clerk - Michael Willis
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CITY OF OWASSO, OKLAHOMA
ORDINANCE 1152
AN ORDINANCE RELATING TO THE CITY OF OWASSO ZONING CODE AS CODIFIED
IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND
DEVELOPMENT, CHAPTER 2, ZONING CODE, AMENDING SUB - CHAPTER 10, OVERLAY
DISTRICTS
WHEREAS, public hearings have been held regarding a proposed amendment to the
Owasso Zoning Code herein described, and
WHEREAS, the Owasso City Council has considered the recommendation of the Owasso
Planning Commission and all statements for or against the proposed amendment to the Owasso
Zoning Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO WIT:
SECTION ONE (1):
The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part Twelve,
Planning, Zoning and Development, Chapter Two, Zoning Regulations, Sub - Chapter 10, Overlay
Districts, Section 10.4 Uses in the US -169 Overlay, shall be amended to read as follows:
10.4.7 Separation Requirement. In order to protect the integrity and purpose of the
US -169 Overlay as described in Section 10.2 the uses listed below, taken from
Table 10.2, shall have the additional requirement that they be separated by a
distance of 2,640 linear feet. The distance shall be measured from property
line to property line. In the event the measurement bisects a parcel, then the
greater amount of area that is inside or outside of this distance shall be used
to determine the applicability of this section. Additionally, the following uses
shall not be located on any parcel of land that abuts the Tulsa Technology
Center Campus property.
• Aircraft Sales
• Auto Sales
• Boat and Recreational Vehicle Sales
• Camper Sales
• Construction Equipment Sales
• Motorcycle Sales
• Truck Rental (as a single use)
• Agricultural Implements Sales
Additionally this Section shall apply to any uses identified in Section 53241 of
the North American Industry Classification System (NAICS), titled
"Construction, Transportation, Mining, and Forestry Machinery and Equipment
Rental and Leasing" or uses that operate in a similar manner.
SECTION TWO (2):
All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the
extent of the conflict only.
Ordinance 1152
Page 1 of 2
SECTION THREE (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 FOUR (4):
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5):
That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and
correct copy of this Ordinance.
Chris
APPROV AS TO FORM:?��"
Julie Lo bardi, City Attorney
Ordinance 1152
Page 2 of 2
20th, day of August, 2019
U e 1
Weekly
Group
CITY OF OWASSO /LEGALS
AOn 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
September 04, 2019
Date Category Description Ad Size Total Cost
09/04/2019 Legal Notices ORDINANCE 1152 2 x 96.00 CL 122.68
Published Io the Owasso 590641
Reporter, Owasso, Tulsa Coun-
ty, Oklahoma, September 4, 2019.
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1152
AN ORDINANCE RELATING TO THE CITY OF OWAS
SO ZONING CODE AS CODIFIED IN THE OWASSO
CODE OF ORDINANCES, PART 12, PLANNING, ZON-
CODE,AAMEND AMENDING SUB CHAPTER 10, OVERLAY DIS-
TRICTS
WHEREAS, public hearings have been held regarding a
Proposed amendment to the Owasso Zoning Code herein de-
scribed, and
WHEREAS, the Owosso City Council has considered the
recommendation of the Owasso Planning Commission and
all statements for or against the proposed amendment to
the Owasso Zoning Code.
CIL OF , THE CITY OF OWAS O,R OKLAHOMA, THAT U O
WIT:
SECTION ONE (7):
The Owasso Zoning Code, contained within the Owasso
Code of Ordinances In Part Twelve, Planning, Zoning
and Development, Chapter Two, Zoning Regulations,
Sub-ChoPter 10, Overlay Districts Section 10.4 Uses In
the US -169 Overlay, shall be amended to read as follows:
10.4.7 5 tl R"uhrement. In order to protect
the integrity and purpose of the US -169 Overlay as
described In Section 10.2 the uses listed below, tak-
en from Table 10.2, shall have the additional re
quirement that they be "MrOted by a distance of
on
• Aircraft Soles
• Auto Sales
• Boot and Recreational Vehicle Soles
• Camper Sales
• Construction Equipment Sales
• Matomcle Soles
• Truck Rental (as a single use)
• Agricultural Implements Sales
Additionally this Section shall apply to any uses
Identified In Section 57241 of the North American In-
dustry Classification System (NAILS), titled •Can -
struction, Tronsportotion, Mining, and Forestry
Machinery and Equipment Rental and Leasing' or
uses that operate In a similar manner.
SECTION TWO (2):
All ordinances or Parts of ordinances, In conflict with
this ordinance are hereby repealed to the extent of the
conflict only.
SECTION THREE (0):
If any part or Parts of this ordinance ore deemed uncon-
%1tu }Ianoi, Invalid or Ineffective, the remaining Portion
fect.
shall not be affected but shall remain In full force and ef-
SECTION FOUR (4):
The y 1) fthCafof finallm rovd tt10C of this e final effective
ed by sup a
law.
SECTION FIVE (5):
That mere be filed in the office of the County Clerk of
Tulsa County, Oklahoma, a true and correct copy of this
Ordinance.
PASSED AND APPROVED this 20th, day of August, 2019
/s/ Chris Kelley, Mayor
ATTEST: /s/ Jullann M. Stevens, City Clerk
APPROVED AS TO FORM:
/s/ Julle Lombardi, CITY Attorney
Affidavit of Publication
Melissa Marshall
of lawful age, being duly
sworn, 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
09/04/2019
Newspaper reference: 0000590642
Legal Representative
Sworn to and subscribed before me this date:
SEP 0 4 2019
Notary Public
My Commission expires: DEC 0 R 2ag2
NANCY CAROL MOORE
srL Notary Public
.� State of Oklahoma
Commission A 06011664 Expires 12106!22
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S� APPROVED BY COUNCIL
HEAL POaple•HFAL CM1BnC,Of•flEAL COmmunlry AUG 2 U 201y
TO: The Honorable Mayor and City Council
FROM: Karl Fritschen RLA, AICP
Planning Manager
SUBJECT: Ordinance 1152, Proposed Zoning Code Amendment to the US -169 Overlay
District
DATE: August 16, 2019
BACKGROUND:
In 2012, the City Council approved the US -169 Overlay District under Ordinance 1004, which
established a special set of regulations governing development along this corridor from East 86th
Street North to East 126th Street North.
During the April, May, July, and August work sessions, staff presented a proposed amendment to
the Owasso Zoning Code, Chapter 10, by adding a new subsection Section 10.4.7 Separation
Requirement in the US -169 Overlay District.
The goal of the US -169 Overlay District is to ensure that this highly visible and important corridor is
developed in a consistent and attractive manner. The Overlay District was also established to
protect the investment of the Tulsa Technology Center campus. To accomplish these goals, the
Overlay District prohibits or restricts certain land uses by requiring the approval of a Specific Use
Permit (SUP) by City Council in order to locate within the Overlay District.
Certain uses that require large areas of land for sales inventory (i.e. auto sales, camper sales,
boat sales, etc.) can create a negative impact along the corridor if they are located adjacent
to each other. The visual effect that results from these types of land uses grouped together
along highway frontage is contradictory to the original intent of the US -169 Overlay District.
The current language in the Zoning Code does not stipulate where or how these types of uses
could locate, resulting in the potential for a significant stretch of land in the US -169 Overlay
District being util'¢ed primarily for vehicle inventory. The existing language also does not specify if
other types of vehicle sales, such as boat or RV sales, are included in the restrictions placed on
auto sales. The gaps in the current Overlay District language create a potential issue countering
the purpose of the US -169 Overlay (shown below):
10.2 Purpose of the US -169 Overlay District. The purpose of the US -169 Overlay
District is to:
a. Encourage sustainable development that will become a long term
asset to Owasso;
b. Protect an area that represents a significant opportunity for business
and corporate investment, which is important to the long term
economic health of Owasso;
c. Establish uses and regulations that promote the development of this
area as a corridor that promotes an environment of business, learning,
and growth;
d. 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;
e. Establish regulations that protect the investment of existing and new
businesses and corporations from unattractive, non - compatible uses;
f. Ensure the area is visually pleasing, sustainable, and developed in a
coordinated fashion;
g. Ensure a high quality of development that will ultimately generate an
economically- enhanced and pedestrian - friendly area for Owasso;
and
h. Follow the principals of the Quality of Life Initiative.
PROPOSED AMENDMENT TO THE ZONING CODE:
Staff proposes the following amendment to Chapter 10, Section 10.4 of the Owasso Zoning
Code by adding a new subsection 10.4.7 Separation Requirement, to read as follows:
10.4.7 Separation Requirement. In order to protect the integrity and purpose of
the US -169 Overlay as described in Section 10.2 the uses listed below,
taken from Table 10.2, shall have the additional requirement that they be
separated by a distance of 2,640 linear feet. The distance shall be
measured from property line to property line. In the event the
measurement bisects a parcel, then the greater amount of area that is
inside or outside of this distance shall be used to determine the
applicability of this section. Additionally, the following uses shall not be
located on any parcel of land that abuts the Tulsa Technology Center
Campus property.
• Aircraft Sales
• Auto Sales
• Boat and Recreational Vehicle Sales
• Camper Sales
• Construction Equipment Sales
• Motorcycle Sales
• Truck Rental (as a single use)
• Agricultural Implements Sales
Additionally this Section shall apply to any uses identified in Section 53241
of the North American Industry Classification System (NAICS), titled
"Construction, Transportation, Mining, and Forestry Machinery and
Equipment Rental and Leasing" or uses that operate in a similar manner.
PUBLIC HEARINGS:
On July 8, 2019, the Planning Commission held a Public Hearing regarding this item, two citizens
spoke, both in opposition of the proposed amendment.
On July 16, 2019, the City Council held a Public Hearing on this item, one citizen spoke in
opposition of the proposed amendment.
PLANNING COMMISSION:
The Planning Commission voted 5 -0 to recommend additional language to the proposed zoning
code text amendment and requested staff to draft language that divides US -169 into two
distinct geographical areas, east and west. Pursuant to that request, staff has drafted the
following language for the City Council's consideration. Should the City Council desire to
include such additional language, a motion to amend the Ordinance must be made,
seconded, and voted upon separately:
Regarding the measurement requirements identified in this subsection, US -169 shall
serve to separate the Overlay District into two distinct geographies, east and west. The
measurement shall be calculated within, and only apply to, whichever distinct
geography the property is within.
RECOMMENDATION:
Staff recommends approval of Ordinance 1 152.
ATTACHMENTS:
US -169 Overlay Boundary Map
Ordinance 1152