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HomeMy WebLinkAbout1154_OPUD 17-01_Amendment to Zoning_OZ 19-05Tulsa County Clerk - Michael Willis Doc # 2019084737 Page(s): 5 S.- 09/20/2019 03:55:32 PM • '* Receipt # 19 -52273 �kLgHOMP Fee: $ 21.00 w r yr vv,1ASSO, OKLAHOMA ORDINANCE 1154 AN ORDINANCE AMENDING PLANNED UNIT DEVELOPMENT OPUD 17 -01, AS REFERENCED IN APPLICATION OPUD 17 -OIA AND ZONING APPLICATION OZ 19 -05 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, the Owasso City Council approved planned unit development application 17- 01 and zoning application OZ 17 -04 in 2017, and WHEREAS, an application has been submitted for a planned unit development amendment to OPUD 17 -01 as referenced in application OPUD 17 -OIA and zoning application OZ 19 -05 to amend the existing planned unit development document and the underlying zoning, and WHEREAS, public hearings have been held regarding the request for rezoning and planned unit development of the property described below; 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 -01 A and rezoning application OZ 19 -05. 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 THAT IS A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER (S /2 SW /4) OF SECTION EIGHT (8), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW /4) OF SAID SECTION 8; THENCE SOUTH 88 04311 WEST AND ALONG THE SOUTH LINE OF SAID SW /4, FOR A DISTANCE OF 314.60 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 88 04311" WEST AND CONTINUING ALONG SAID SOUTH LINE, FOR A DISTANCE OF 1007.49 FEET TO A POINT AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SW /4 SE /4 SW /4) OF SAID SECTION 8;THENCE NORTH 1°21'10" WEST AND ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SW /4 SE /4 SW /4) OF SAID SECTION 8, FOR A DISTANCE OF 660.06 FEET TO A POINT AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (N /2 SW /4 SW /4) OF SAID SECTION 8, THENCE SOUTH 88-43-45-'WEST AND ALONG THE SOUTH LINE OF SAID N /2, FOR A DISTANCE OF 1322.76 FEEr TO A POINT AT THE SOUTHWEST CORNER OF SAID NORTH HALF; THENCE NORTH 1024'41" WEST AND ALONG THE WEST LINE OF SAID NORTH HALF, FOR A DISTANCE OF 660.29 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID NORTH HALF; THENCE NORTH 88 044'14" EAST AND ALONG THE NORTH LINE OF SAID NORTH HALF, FOR A DISTANCE OF 1323.44 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID NORTH HALF, SAID POINT ALSO BEING ON THE SOUTH LINE OF BLOCK 5, "MAPLE GLEN II ", ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6365); THENCE NORTH 88 04414" EAST AND ALONG THE SOUTH LINE OF SAID BLOCK 5, THE SOUTH LINE OF BLOCK 4, "MAPLE GLEN III ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6474), AND THE SOUTH Ordinance 1154 Pagel of 5 LINE OF BLOCK 2, "MAPLE GLEN IV', AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6519), FOR A DISTANCE OF 1323.44 FEET TO A POINT AT THE SOUTHEAST CORNER OF SAID BLOCK 2; THENCE SOUTH 1 °1739" EAST AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER (SW /4) OF SAID SECTION 8, FOR A DISTANCE OF 959.80 FEET; THENCE SOUTH 88 04311" WEST FOR A DISTANCE OF 314.60 FEET; THENCE SOUTH 1 01739" EAST FOR A DISTANCE OF 360.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 2,506,261 SQUARE FEET OR 57.536 ACRES. The same is hereby approved as OPUD 17 -01 A. The Site Development Plan and Statement of Intent shall be followed for any development of the described property. SECTION 2. A tract of land described as follows: A PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (N /2 SW /4 SW /4) OF SECTION EIGHT (8), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW /4 OF SAID SECTION 8; THENCE N 01024'41" W ALONG THE WESTERLY LINE THEREOF FOR A DISTANCE OF 660.32 FEET TO THE SOUTHWEST CORNER OF THE N/2 OF THE SW /4 OF THE SW /4 AND THE POINT OF BEGINNING; THENCE CONTINUING N 01024'41" W ALONG SAID WESTERLY LINE FOR A DISTANCE OF 232.73 FEET; THENCE N 88 °35'19" E FOR A DISTANCE OF 400.27 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 43 056'17" FOR AN ARC DISTANCE OF 153.37 FEET AND A CHORD WHICH BEARS S 69 026'32" E FOR A DISTANCE OF 149.64 FEET; THENCE S 47 028'23" E FOR A DISTANCE OF 133.49 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 43 047'52" FOR AN ARC DISTANCE OF 152.88 FEET AND A CHORD WHICH BEARS S 69 022'19" E FOR A DISTANCE OF 149.19 FEET; THENCE N 88 043'45" E FOR A DISTANCE OF 404.24 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 16 015'37" FOR AN ARC DISTANCE OF 70.95 FEET AND A CHORD WHICH BEARS N 80 035'56" E FOR A DISTANCE OF 70.71 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 16 015'37" FOR AN ARC DISTANCE OF 70.95 FEET AND A CHORD WHICH BEARS N 80 035'56" E FOR A DISTANCE OF 70.71 FEET, THENCE N 88° 43'45" E FOR A DISTANCE OF 5.07 FEET TO A POINT ON THE EASTERLY LINE OF THE N/2 OF THE SW /4 OF THE SW /4; THENCE S 0102110 E ALONG SAID EASTERLY LINE FOR A DISTANCE OF 50.04 FEET TO THE SOUTHEAST CORNER OF SAID N/2 OF THE SW /4 OF THE SW /4; THENCE S 88 043'45" W ALONG THE SOUTHERLY LINE OF SAID N/2 OF THE SW /4 OF THE SW /4 FOR A DISTANCE OF 1322.76 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 160,621 SQUARE FEET OR 3.687 ACRES MORE OR LESS. The same is hereby zoned from Commercial Shopping (CS) and Residential Multi - Family (RM) to Commercial Shopping (CS) with a PUD overlay. The Site Development Plan and Statement of Intent as referenced in application OPUD 17 -01A shall be followed for any development of the described property. Ordinance 1154 Page 2 of 5 SECTION 3. A tract of land described as follows: A TRACT OF LAND THAT IS A PART OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (N /2 SW /4 SW /4) OF SECTION EIGHT (8), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW /4 OF SAID SECTION 8; THENCE N 0 1 024'41" W ALONG THE WESTERLY LINE THEREOF FOR A DISTANCE OF 893.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N 01024'41" W ALONG SAID WESTERLY LINE FOR A DISTANCE OF 427.56 FEET TO THE NORTHWEST CORNER OF SAID N/2 OF THE SW /4 OF THE SW /4; THENCE N 88044'14" E FOR A DISTANCE OF 1323.44 TO THE NORTHEAST CORNER OF SAID N/2 OF THE SW /4 OF THE SW /4; THENCE S 01 °21'10" E ALONG THE EASTERLY LINE THEREOF FOR A DISTANCE 610.06 FEET; THENCE S 880 43'45" W FOR A DISTANCE OF 5.07 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 16 015'37" FOR AN ARC DISTANCE OF 70.95 FEET AND A CHORD WHICH BEARS S 80 035'56" W FOR A DISTANCE OF 70.71 FEET TO A POINT OF REVERSE CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 250.00 FEET AND A CENTRAL ANGLE OF 16 015'37" FOR AN ARC DISTANCE OF 70.95 FEET AND A CHORD WHICH BEARS S 80 035'56" W FOR A DISTANCE OF 70.71 FEET; THENCE S 88 043'45" W FOR A DISTANCE OF 404.24 FEET TO A POINT OF CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 43 047'52" FOR AN ARC DISTANCE OF 152.88 FEET AND A CHORD WHICH BEARS N 69 022'19" W FOR A DISTANCE OF 149.19 FEET, THENCE N 47 °28'23" W FOR A DISTANCE OF 133.49 FEET TO A POINT OF CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 43 056'17" FOR AN ARC DISTANCE OF 153.37 FEET AND A CHORD WHICH BEARS N 69 026'32" W FOR A DISTANCE OF 149.64 FEET; THENCE S 8835'19" W FOR A DISTANCE OF 400.27 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 712,881 SQUARE FEET OR 16.366 ACRES MORE OR LESS. The same is hereby zoned from Commercial Shopping (CS) and Residential Multi - Family (RM) to Residential Multi - Family (RM) with a PUD overlay. The Site Development Plan and Statement of Intent as referenced in application OPUD 17 -01A shall be followed for any development of the described property. SECTION 4. A tract of land described as follows: A TRACT OF LAND THAT IS A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE /4 SW /4) OF SECTION EIGHT (8), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SW /4 OF SAID SECTION 8; THENCE S 88 °43'11" W AND ALONG THE SOUTHERLY LINE OF SAID SW /4 FOR A DISTANCE OF 314.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S 88 °43'11" W ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1007.49 FEET TO THE SOUTHWEST CORNER OF THE SE /4 OF THE SW /4 OF SAID SECTION 8; THENCE N 01'21'10" W ALONG THE WESTERLY LINE OF THE SE /4 OF THE SW /4 OF SAID SECTION 8 FOR A DISTANCE OF 1320.21 FEET TO THE NORTHWEST CORNER OF SAID SE /4 OF THE SW /4, SAID POINT ALSO BEING ON THE SOUTH LINE OF BLOCK 5, "MAPLE GLEN II ", ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6365); THENCE NORTH 88 °44'14" E AND ALONG THE Ordinance 1154 Page 3 of 5 NORTH LINE OF THE SE /4 OF THE SW /4 OF SAID SECTION 8, SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID BLOCK 5" MAPLE GLEN II" AND THE SOUTHERLY LINE OF BLOCK 4, "MAPLE GLEN III ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6474), AND THE SOUTHERLY LINE OF BLOCK 2, "MAPLE GLEN IV', AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 6519), FOR A DISTANCE OF 1323.44 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK 2 AND THE NORTHEAST CORNER OF SAID SEA OF THE SW /4 OF SAID SECTION 8; THENCE S 0101739" E ALONG THE EASTERLY LINE OF THE SW /4 OF SAID SECTION 8, FOR A DISTANCE OF 959.80 FEET; THENCE S 88 °43'11" W FOR A DISTANCE OF 314.60 FEET; THENCE S 01 01739" E FOR A DISTANCE OF 360.00 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 1,632,801 SQUARE FEET OR 37.484 ACRES. The same is hereby zoned from RNX Residential Neighborhood Mixed (RNX) and Residential Single - Family High Density (RS -3) to Residential Single- Family High Density (RS -3) with a PUD overlay. The Site Development Plan and Statement of Intent as referenced in application OPUD 17 -01A shall be followed for any development of the described property. SECTION 5. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 6. 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 7. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 8. 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 ANC Attest: (SEAL) orrrcrAL o SlEAL °k<a,FiornA APPROVE STO FORM: Ldb'I�J Julie Lomt rdi, City Attorney Ordinance 1154 Page 4 of 5 )19 Ordinance 1154 Page 5 of 5 Weekly Group CITY OF OWASSO /LEGALS Alin Julie Stevens PO BOX 180 OWASSO, OK 74055 Owasso Reporter • Sand Springs Leader Skiatook Journal Wagoner County American- Tribune OKLAHOMA WEEKLY GROUP P.O. BOX 1770 TULSA, OK 74102 -1770 Account Number 1015023 Date October 02, 2019 Date Category Description Ad Size Total Cost 10/02/2019 Legal Notices ORDINANCE 1154 2 x 332.00 CL 424.96 Affidavit of Publication I Melissa Marshall of lawful age, being duly 1 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 1�Q 1 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 10/02/2019 Newspaper reference: 0000597125 Legal Representative Swom to and subscribed before me this date: OCT 0 2 2019 Notary Oublic My Commission expires: DEC 0 8 2022 NANCY CAROL MOORE SEAL 1 w / Notary Public State of Oklahoma Commission # 06011684 Expires 12/08122 _______ ________________ 59712 Published In the Owasso Reporter, Owasso, Tulsa Coun- ty, Oklahoma, October 2, 2019. CITY OORDINANEOKLAHOMA AN ORDINANCE AMENDING PLANNED UNIT DEVEL- OPMENT OPUD 17 -01, AS REFERENCED IN APPLICA. TION OPUD 17 41A AND ZONING APPLICATION OZ 19- 05 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT the the the Owosso City Council approved plon- ,ment OPPIIcatlon 17 41 and zoning aPPliw- 117, and n application has been submitted for o plan - ment amendment to OPUD 17 -01 as ref. cation OPUD 17 -OIA and mning appllca- amend the existing Planned unit develop- City Council has considered the sso Planning Commission and all the requested planned unit de- UD 17 -01A and rezoning appll- BE IT ORDAINED BY THE r OF OWASSO, OKLAHOMA, SECTION 1. AA tract afof �antl described as follows: A TRACT OF LAND THAT 15 A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER TOWNSHIP TWENTY-ONE SECTION EIGHT G (21) NORTH, RANG FOURTEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICULARLY DE. SCRIBED AS FOLLOWS: 0 TION TH NCE SOUTH 68143 NtEWEST9FOR AEDIS. TANCE OF 314.60 FEET; THENCE SOUTH 1' 17' 39' EAST FOR A DISTANCE OF 360.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINS 2,506,261 SQUARE FEET OR 57576 ACRES. The Same is hereby approved as OPUD 17 -01A. The Site Development Plan and Statement of Intent shall be fol. lowed for any development of the described promry. SECTION Z A iroct of land described as follows: ' A PART OF THE NORTH HALF OF THE SOUTH - WEST QUARTER OF THE SOUTHWEST QUARTER (N12 SW 14 SW 14) OF SECTION EIGHT (B), TOWN. SHIP TWENTY -ONE C21) NORTH, RANGE FOUR- TEEN (14) EAST OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SAID TRACT CONTAINS 712,861 SQUARE FEET OR 16.366 ACRES MORE OR LESS. The Some Is hereby zoned from Commercial Shopping (CS) and Residenflol Multi - Family (RM) to Residential Multi- Family (RM) With a PUD overlay. The Site Devel- opment Plan and Statement of Intent as referenced In OPPIlcatlon OPUD 17 -OIA shall be tol lowed for any devel. opment of the described property. SECTION 4. A tract of land described as follows: TRACT A15 AOOUEAST QUARTEROF HE SOUTHWEST QUARTER (SE/4 SW /4) OF SECTION EIGHT (8), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE AN, TULSA COUNTY, STATE OF IOKLAHOMA AC. CORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID TRACT BEING MORE PARTICU. LARLY DESCRIBED AS FOLLOWS: SAID TRACT CONTAINS 16OA21 SQUARE FEET OR 3.687 ACRES MORE OR LESS. yy (CS) and Residential zoned from Commercial mmoercial Shaming (CS) with a PUD overlay. The Site Develop ment Plan and Statement of Intent as referenced In ap Pllcotlon OPUD 1747A shall be followed for any develop ment of the described property. COMMENCING AT THE SOUTHWEST CORNER OF THE SW/4 OF 7* W ALONG STHE WEST RLY LINE THEREOF SAID TRACT CONTAINS 1,632,807 SQUARE FEET OR 37.484 ACRES. The some Is hereby zoned from RNX Residential Nei gft- bOrhaad Mixed (RNX) and Residential SlneloFamlly High Density (RS-3) to Residential Single - Family High Densliv (RS-3) with o PLO overlay. The Site Develop PIIcetlonaOPUD 17 -OIA shallfbe followedrforrany devew, ment of the described property. or parts of ordinonces, In conflict With are hereby repealed to the extent of the are deemed uncon- remaining portion In full force and of- of l te anof iailssgs oId ramh defnlpassae c pfV filed In the Office of the County Clerk of Oklahoma, a true ontl correct copy of this correct map. PASSED AND APPROVED this 17th day of Septamber, PAS T Kelley, Mayor Stevens, City Clerk V Julia Lomburl� CityRAttorney ORCALP..,I.-ReAlCl.mclor •REAL Community TO: The Honorable Mayor and City Council FROM: Morgan M. Pemberton City Planner APPROVED BY TRUSTEES SUBJECT: Ordinance 1154 —OPUD 17- 01A /OZ 19 -05— Parker Village DATE: September 13, 2019 BACKGROUND: SEP 17 1019 The Community Development Department received a planned unit development (PUD) amendment application (OPUD 17 -01 A) for Parker Village, a proposed commercial, multi - family, and single - family housing development. The subject property is generally located northeast of the intersection of East 106th Street North and North Garnett Road and is approximately 57.536 acres in size. The property is currently zoned Commercial Shopping (CS), Residential Multi - Family (RM), Residential Neighborhood Mixed (RNX), and Residential Single - Family High Density (RS -3). The proposed amendment would make several significant changes to the existing PUD. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction Development Area B = 16.366 acres +/- Agriculture (AG) Development Area C = 37.484 acres +/- Commercial City of Owasso North Residential Single - Family High Density (RS -3) Residential Transitional Tulsa County Development Area C = Single - Family Residential Proposed Zonings CS, RM, RS -3 Residential Commercial, Transitional, Residential Within PUD? Commercial Shopping (CS) Within Overlay District? No Water Provider South Agriculture (AG) Residential Commercial City of Owasso Applicable Paybacks /Fees Residential Single - Family Estate (RE) Transitional Tulsa County East Agriculture Res Single - Family Rural (AGR) Residential Transitional Tulsa County Residential West I Agriculture (AG) I Residential I Commercial Tulsa County SUBJECT PROPERTY /PROJECT DATA: Total Development = 57.536 acres +/- Property Size Development Area A = 3.687 acres Development Area B = 16.366 acres +/- Development Area C = 37.484 acres +/- Current Zonings CS, RM, RNX, RS -3 Development Area A = Commercial /Office Proposed Uses Development Area B = Multi - Family Residential Development Area C = Single - Family Residential Proposed Zonings CS, RM, RS -3 Land Use Master Plan Commercial, Transitional, Residential Within PUD? Yes; OPUD 17 -01 Within Overlay District? No Water Provider City of Owasso (West Half) Washington County Rural Water District #3 (East Half) Storm Siren Fee ($50.00 per acre) Applicable Paybacks /Fees Ranch Creek Sewer Service Assessment Area ($610.33 per acre) Meadowcrest Sewer Relief Area ($867.00 per acre) 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 mix different zonings and land uses together or adjacent to each other. Developers may also utilize a PUD to allow more flexibility in certain aspects of development, such as varying the building setbacks, building heights, or lot widths, which may differ from the more restrictive base zoning district standards. However, a PUD should not be considered as 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. According to the Owasso Zoning Code, PUD amendments can take one of two forms. A minor amendment can be administratively approved for any small changes proposed for an existing PUD that still meet the intent of the approved ordinance, do not increase the density greater than 1070, are consistent with the surrounding development patterns, and do not pose a threat to the health, safety, or welfare of the citizens of Owasso. The second type of PUD is a major amendment, which must be approved by the City Council. A major amendment is described as a significant change that increases the density, intensifies the use, redistributes uses, or creates inconsistencies with the character of the PUD that was initially approved. After meeting with the applicant and discussing their development plans, staff determined that the proposed changes would fall within the parameters of a major amendment. ANALYSIS: In 2017, the Owasso City Council approved Ordinance 1104 for OPUD 17 -01 and the accompanying rezoning application (OZ 17-04) for Emery Village, a development that proposed commercial and residential land uses of varying densities. The applicant is requesting a major amendment to the Emery Village PUD, with several specific changes outlined in detail below. The majority of the subject property in which OPUD 17 -01 lies was annexed with Ordinance 559 in 1997. In July of this year, a smaller parcel of land approximately 2.5 acres in size with frontage on East 106th Street North was annexed with Ordinance 1151. The applicant seeks to add that parcel to OPUD 17 -01 which will increase the overall size and scope of the PUD. One change to note is that the title of the development has changed from Emery Village to Parker Village. Another significant change to the PUD is the size and placement of each of the development areas and their respective zonings. Originally, the entirety of the subject property's frontage on North Garnett Road was identified for commercial or office land uses with an underling zoning of CS. The applicant is now requesting that the commercially -zoned area of the PUD be reduced to the southern half of the Garnett frontage. It is proposed that the RM zoning area identified in the original PUD be extended west to Garnett Road. The RNX zoning in the original PUD is being removed and is proposed to be rezoned to RS -3 with this amendment. The overall conceptual development plan for the PUD is being changed from 5 defined development areas to 3 development areas. The amended PUD proposes 3 development areas with different zonings and proposed land uses which are summarized in the following table: Area Proposed Zoning r Proposed Land Use Proposed Gross Acreage Development Area A CS Commercial and /or Office 3.687+/- Development Area B RM Apartment Complex 16.366+/- Development Area C RS -3 Single- Family Housing 37.484+/- The original PUD showed two major access points into the development: one on Garnett Road and one on East 106rh Street North. This arrangement will not change with this PUD amendment, and the public collector road that runs through the development between these two main access points will also remain. One additional curb cut is proposed for the apartment complex in Development Area B. This curb cut will function as a right -in /right -out access point because once Garnett Road is widened and improved, there will be a landscaped median preventing left turn movements at this location. The other two major access points will be full access points, with a break in the landscaped median on Garnett Road aligning with the proposed access point for the collector road shown on the conceptual site plan for Parker Village. The final location of the private and public streets within the development will be officially established when the development is platted. It is important to note, that the proposed amendment to the PUD does not increase the intensity of the land uses proposed along the northern property line where the development abuts an existing residential subdivision as well as residential property in Tulsa County. In fact, the proposed amendment decreases the potential for more intense land uses to locate near the north property line as the commercial zoning in the northwest area of the development has been removed and would be rezoned to RM. In a planning context, commercial land uses are inherently more intense than residential land uses. While the development area where the apartment complex is proposed has increased in its gross acreage, the PUD amendment is not proposing to increase the maximum number of units that could be constructed. Essentially, the apartment complex land area is expanding but the dwelling units per acre for the complex is actually decreasing. One of the main issues that has been raised by nearby property owners, both when the PUD was originally proposed in 2017 and with this proposed PUD amendment, is the height of the apartment complex buildings near the northern property line. The property owners along that boundary have expressed concerns that a 3 -story building adjacent to their property would create a negative impact and be detrimental to their enjoyment of their property. To address these concerns, staff required increased setbacks when the PUD was originally proposed, specifically for the units that would be along the northern property line. These enhanced setbacks remain the same in the amended PUD as it was originally approved. Structures adjacent to the northern property line are required to be built a minimum of 37.5 feet from the northern property line. In addition, all structures over 15 feet in height must be set back an additional 2 feet for each 1 foot that the building goes above 15 feet in height. For example, if a 3 -story building totaling 30 feet in height was proposed to be located along the northern property line, then it would have to be setback at least 67.5 feet. Since the PUD was originally approved, a review process has taken place with the Army Corps of Engineers regarding the wooded area on the eastern end of Development Area B. This review was to determine whether a wetland and /or regulatory stream existed in this area. After the review was completed, the Corps determined that an area near the northern property line was a designated wetland and would need to be protected if development was to take place in this area. The applicant has incorporated this requirement into the new conceptual site plan for the development by showing the area to be left as open space to remain in its natural state. By virtue of this, the residents to the north are gaining a significant natural buffer. There are multiple amenities proposed for the Parker Village development, both for the residential single - family housing area and the apartment complex. The potential amenities to be provided include pools, various sport courts, and playgrounds. A significant amenity to the development will be incorporated into the required stormwater detention area (Reserve Area B) in the form of a trail that runs around the reserve. This trail will also be a part of a sidewalk and trail system that will allow for easy walkability through the entirety of Parker Village. The maintenance for all reserve areas within the PUD will be the responsibility of the Homeowners' Association established for the single - family housing neighborhood. All amenities within the apartment complex will be the responsibility of the apartment complex owner. The language regarding the permitted uses in Development Area A is the same as the original PUD. Development Area A will be zoned CS and will allow all by right CS land uses to locate there. A narrow selection of uses allowed with a specific use permit (SUP) in CS zoning are allowed by right with this PUD document, including carpet stores, copying services, greenhouses (retail), and printing and publishing services. Office land uses would also be allowed within the CS zoned area. Self - storage is listed as a possible land use for Development Area A, but staff is recommending a requirement that any self- storage be restricted to the eastern portion this development area and not be allowed to have frontage on Garnett Road. Another change of note is the minimum lot width requirement for Development Area C where the single - family housing area is proposed. The original PUD called for 55 foot wide lots, whereas the amended PUD proposes a significantly wider lot minimum of 64 feet. All trash areas and mechanical equipment must be screened as per the Owasso Zoning Code. All lighting and architectural standards set by the Zoning Code must also be met. The City of Owasso will provide sanitary sewer, Fire, Police, and EMS to the property. Water service is split between Washington County Rural Water District #3 and the City of Owasso. Any future development that occurs on the subject property must adhere to all Owasso subdivision, zoning, and engineering requirements. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: After considering the existing zoning and land uses on the surrounding properties, staff has determined that the proposed amended PUD is appropriate for this location. The proposed development places the commercial and residential land uses in appropriate locations in relation to the surrounding existing land uses and follows the principals of the GrOwasso 2030 Land Use Master Plan. It also employs enhanced protective measures, such as the increased setback requirements from the northern boundary and the preservation of a large natural area, both of which serve to protect surrounding existing land uses. GROWASSO 2030 LAND USE MASTER PLAN CONSISTENCY: The GrOwasso 2030 Land Use Master Plan is a document that acts as a moderately flexible tool for evaluating development proposals. The Land Use Master Plan calls out for 3 different categories of land uses on the subject property: commercial, transitional, and residential. Each development area in the proposed PUD amendment closely lines up with the Land Use Master Plan designations. Therefore, staff has determined that the proposed amended PUD and its development areas are in compliance with the Land Use Master Plan. NEIGHBORHOOD INFORMATIONAL MEETING: On August 29, 2019, the applicants held an informational meeting for property owners nearby the proposed amended PUD. Letters were sent out to all property owners within 300' of the development to inform them of the meeting. The meeting was a chance for the applicants to explain in detail what the proposed amendments were, and it also gave the nearby property owners the opportunity to express concerns and ask questions. At the meeting, in addition to the applicants and members of City staff, there were 8 citizens in attendance. The main concerns expressed by the property owners were focused on the placement and height of the apartment complex buildings and the protection of the wetland area. There were also questions regarding how utilities would be provided to the development and where they would go. PLANNING COMMISSION & COUNCIL CONSIDERATION: When evaluating a PUD amendment, future planning issues must be considered. 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 GrOwasso 2030 Land Use Master 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 Owasso Planning Commission voted 3 -0 to recommend approval at their meeting on September 9, 2019. RECOMMENDATION: Staff recommends adoption of Ordinance 1154. ATTACHMENTS: Ordinance 1154 Parker Village PUD Amended Proposal Land Use Master Plan Map Zoning Map