HomeMy WebLinkAbout1168_OPUD 20-01_OZ 20-01_Owasso Assisted Living Center AG to CSTulsa County Clerk - Michael Willis
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K-AN�M
CITY OF OWASSO, OKLAHOMA
ORDINANCE 1168
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AS REFERENCED IN
APPLICATION OPUD 20 -01 AND ZONING APPLICATION OZ 20 -01 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 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 20 -01 and rezoning application OZ 20 -01.
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 SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER (SE /4 SE /4) OF SECTION FIVE (5), 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:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SE /4 SE /4; THENCE NORTH 1 023'40"
WEST AND ALONG THE WEST LINE OF SAID SE /4 SE /4 FOR A DISTANCE OF 850.00 FEET;
THENCE NORTH 88 046'30" EAST AND PARALLEL WITH THE SOUTH LINE OF SAID SE /4
SE /4 FOR A DISTANCE OF 446.35 FEET, TO THE CENTER OF A FIFTY FOOT (50') RIGHT OF
WAY DEDICATION, RECORDED JUNE 25, 1973, IN BOOK 4075, AT PAGE 1753, TULSA
COUNTY RECORDS; THENCE SOUTH 1 128'34" EAST AND ALONG SAID CENTERLINE,
FOR A DISTANCE OF 850.00 FEET TO A POINT OF THE SOUTH LINE OF SAID SE /4 SE /4;
THENCE SOUTH 88 °46'30" WEST AND ALONG SAID SOUTH LINE FOR A DISTANCE OF
447.56 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINS 379,909 SQUARE FEET OR 8.722 ACRES.
The some is hereby zoned from Agriculture (AG) to Commercial Shopping (CS) and
Residential Multi - Family (RM) with a PUD Overlay (OPUD 20 -01). 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All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the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.
Page 1 of 3
Ordinance 1168
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 ADOPTED by the City Council of the City of Owasso, Oklahoma on this 16th day of
June,2020.
G\TYr op �0rrr
.............
O °..
Juli 'f1Y M; Stj- .yer3'Clyy'Cledk e
(S E A L) °s Ep Oa rAl C'�P``
,0, .
Bill BusK Mayor- -
7 APPR D as to form and legality this day of u N 2 , 2020.
Julie r bardi, City Attorney
Page 2 of 3
Ordinance 1168
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Note: Graphic overlays may pUD PUD 20 -07/ o +o0 2U0 400 "
not features precisely on with physical
features on the ground. 20_01 OZ 20 01 I t I t I 0521-14
Aerial Photo Date: February —
2016 Feet
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Oklahoma
Owasso Reporter' Sand Springs Leader
Sldalook Journal
Wagoner County American- Tribune
OKLAHOMA WEEKLY GROUP
Account Number
P.O. BOX 1770
TULSA, OK 74102 -1770 1015023
CITY OF OWASSO /LEGALS
Date
Attn Julie Stevens
PO BOX 180
August 05, 2020
OWASSO, OK 74055
Date Category Description
Ad Size Total Cost
08105/2020 Legal Notices ORDINANCE 1168
2 x 75.00 CL 96.00
deport
Published In the Owasso Reporter, Owasso, Tulsa Counfv.
Affidavit of Publication
Oklahoma, August
b�
CITY OF F O OW OKLAHOMA
I, YNOSY�I of lawful age, being duly
ORDINANCE 1160
AN ORDINANCE APPROVING A PLANNED UNIT DE.
Sworn, am a legal representative of the Owasso Reporter of Owasso,
VELOPMENT AS REFERENCED IN APPLICATION
OPUD 2NA7 AND ZONING APPLICATION OZ 20.01 AND
Oklahoma, a weekly newspaper of general circulation in Tulsa
REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT
Public hearings have held
lag
County, Oklahoma, a legal newspaper qualified to publish legal
reaWHEREAS,
plonned pmeni the
Property described bola.{ and,
WHEREAS, the Owasso City Council has considered the
notices, as defined in 25 O.S. § 106 as amended, and thereafter, and
recommendation of the Owasso Planning Commission and all
statements for or against the requested Planned unit develop-
complies with all Other requirements of the laws of Oklahoma with
ment application OPUD 20.01 and retuning application OZ 20-
a1 NOW, THEREFORE, BE IT ORDAINED BY THE COUN-
reference t0 legal publication. That said notice, a true copy of which
CIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO
SECTION 1.
is allached hereto, was published in the regular edition of said
A tmctof land described as follows:
A TRACT OF LAND THAT IS A PART OF THE SOUTH-
newspaper (luring the period and time of publication and not In a
EAST QUARTER OF THE SOUTHEAST QUARTER
(SE /4 SEMI OF SECTION FIVE (5), TOWNSHIP
TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14)
supplement, on the DATE(S) LISTED BELOW
EAST OF THE INDIAN MERIDIAN, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, SAID TRACT BE.
ING MORE PARTICULARLY DESCRIBED AS FOL-
LOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
08105/2020
SE/4 SE14; THENCE NORTH 1 °23'40" WEST AND
ALONG THE WEST LINE OF SAID SEM SE /4 FOR A
DISTANCE OF 650.00 FEET; THENCE NORTH 00 °46130"
Newspaper reference: 0000656855
EAST AND PARALLEL WITH THE SOUTH LINE OF
SAID SEM SFJ4 FOR A DISTANCE OF 446.35 FEET, TO
THE CENTER A FIFTY FOOT RIGHT OF
WAY DEDICATION, RECORDED JUNE 25,
/
PAGE 1753, TULSA COUNTY
COUNTY E-
BOOK dTH
C
CORDS{ THENCE SOUTH I'10'3D EAST AND ALONG
ALONG
SAID CENTERLINE, FOR A DISTANCE OF 850.0
FEET E/ A POINT OF THE SOUTH LINE OF SAID
ID
SEM THENCE SOUTH 00 °46'30' WEST AND
Legal Representative
G S
ALONG SAID SOUTH LINE FORA DISTANCE OF
41756 FEET TO THE POINT OF nFCluuiur:�
The
Clot
a Pi
19,M SQUARE FEET OR
Agriculture (AG) to Commer-
ntial Multl.Famfly (RM) with
The Sit. Development Plan
be followed for any develop-
or parts of ordinances, in Conflict win'fth this or-
ebY repealed to the extent of the ca only
,arts of this ordinance are deemed unconstitu-
Ir ineffective, the remaining portion shall not
shall remain In full farce and effect.
of this ordinance shall became effective thirty
the data of final passage as Provided by stole
!filed in the office of the County Clerk of Tulsa
lama, o. true and Correct COPY of this Ordinance
I.P.
I ADOPTED by the City Council of the City of
Noma on this 16th day of June, 2020.
Mayor
Juliann M. Stevens, City Clerk
Sworn VId p}IR§claggl!yhel'ore me this date:
T M
My Commission expires: 4-7-c4
-a
---- ° --'-- Notary VALERIE L. PRAYTOR 1
/sI:AL Public t
1 ''• -`' State of Oklahoma i
1_ QOln;rl_ssion #20003824 Exp: 04/07/241
APPROVED BY COUNCIL
JUN 16 2020
TO: The Honorable Mayor and City Council
FROM: Karl Fritschen AICP, RLA
Planning Manager
SUBJECT: Ordinance 1168, OPUD 20 -01- Owasso Assisted Living Center
DATE: June 12, 2020
BACKGROUND:
The Community Development Department received a Planned Unit Development (PUD)
application for the Owasso Assisted Living Center, a proposed assisted living development. The
subject property is located north and west of the intersection of East 1161h Street North and North
126th East Avenue. The property is approximately 8.722 acres in total size but will be treated as
two separate development areas. The southern area (Development Area A) will be
approximately 2.978 acres in size, and the northern (Development Area B) will be approximately
5.734 acres in size. The property was recently annexed under Ordinance 1166, adopted by the
City Council on May 19, 2020, and was assigned a zoning of Agriculture (AG). A separate
rezoning request (OZ 20 -01) was concurrently filed with this PUD, requesting that the southern
2.978 acres of this property be given a zoning designation of Commercial Shopping (CS) and the
northern section a Residential Multi - Family (RM) designation.
SURROUNDING LAND USE:
Direction
Zoning
Use
Land Use
Jurisdiction
Assisted Living Center (Area B), Commercial Development
Area A
Proposed Zoning
CS, RM
Plan
Commercial
North
Agriculture AG-R)
Residential
Residential
Tulsa Count
South
AG -R
Residential
Commercial
Tulsa County
East
AG -R
Residential
Commercial/
Tulsa County
Residential
West
AG
Agricultural
Commercial/
Tulsa County
Residential
SUBJECT PROPERTY /PROJECT DATA:
Property Size
8.722 +/- acres
Current Zoning
AG -R
Proposed Use
Assisted Living Center (Area B), Commercial Development
Area A
Proposed Zoning
CS, RM
Land Use Plan
Commercial
Gross Dwelling Units /Acre
16.542 DU /Ac for northern area
Total Units Proposed
95 units
Within PUD?
OPUD 20 -01
Within Overlay District?
No
Water Provider
Washington County Rural Water District 3
Applicable Paybacks /Fees
Ranch Creek Sewer Service Assessment Area ($610.33 per
acre); Storm Siren Fee 50.00 acre
Streets (public or private)
N/A
oPUD 20-01
Page 2 of 4
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 from the Community
Development Department, Owasso Technical Advisory Committee, Owasso Planning
Commission, and approval by the Owasso City Council.
ANALYSIS:
Owasso Assisted Living Center is a proposed residential assisted living facility. The subject property is
proposed to be broken into two different areas: a northern development area (Development Area
B) and a southern area (Development Area A). Development Area A currently contains a single -
family dwelling unit, which will be used as office space and the Director's residence until such time
as the tract is sold and redeveloped for commercial uses.
The residential care facility will be constructed within Development Area B and will house individuals
who need assistance with daily activities, including individuals who need memory care services. The
proposed development has the ability to bring new, high skilled jobs to the City, as nurses and other
medical professionals will be needed to staff the assisted living center.
An annexation request was approved last month by City Council for the subject property with a
zoning of AG applied to the property (Ordinance 1 166). In order to accommodate the proposed
uses, the zoning of AG needs to be changed. As such, a rezoning request was submitted
concurrently with this PUD application. The applicant is seeking to apply CS zoning to Development
Area A. The office space and accessory director's residence proposed for Development Area A
are allowed within the CS zoning category, under the proposed PUD 20 -01.
The applicant is also seeking to change the zoning designation in Development Area B to
Residential Multi - Family (RM) in order to accommodate the assisted living facility. The RM zoning
category allows for the highest possible density residential development, with >12 DU /Ac
allowed; the proposed 16.542 DU /Ac meets the allowable density. Allowed uses in the RM district
include apartments, duplexes, senior assisted living facilities, and townhomes. All development
that proposes an RM zoning, except for single - family detached housing, are required to utilize the
PUD process to gain approval.
There will be three (3) points of access into the property; one from East 1 161h Street North and two
from North 126th East Avenue. Additionally, the PUD document states that in the event the property
is split, there will be wording in the plat covenants that provide for mutual parking privileges
between developed areas. There is a City of Owasso street widening project in progress for East
116th Street North, between Garnett Road and North 129th East Avenue that will affect the
properties southern boundary. Internal access and final access locations will be finalized during the
platting and site planning stages of development.
Street yards with landscaping will be installed along the site's frontage on East 116th Street North
and North 126th East Avenue as required by code as well as a twenty (20) foot buffer yard, with a six
(6) foot opaque fence, and landscaping along the north boundary of the property in order to
protect the existing surrounding residential development. A single monument style ground sign for
the Assisted Living Center (Development Area B) will be allowed on East 116th Street North, in
Development Area A. The sign will be limited to six (6) feet in height and forty -two (42) square feet in
surface area. Additionally, the applicant has asked that Development Area A be allowed a sign
OPUD 20 -01
Page 3 of 4
for any future commercial development. Staff is supportive of this request as two ground signs are
allowed on Development Area A because it has frontage on two public streets.
The proposed PUD meets the amenity requirements as required in the Owasso Zoning Code.
Amenities to be provided include, but are not limited to, a courtyard and walking paths for passive
and active recreation and are described in the Conceptual Site Plan. The project will be required
to provide stormwater detention onsite, with the design and placement of such stormwater
detention areas to be determined during the engineering and platting phase of development.
Parking areas meet the requirements of the Owasso Zoning Code in that the project provides 1
space per 3 beds, plus 1 space for each employee working during the largest shift.
The City of Owasso will provide sanitary sewer, Fire, Police, and EMS services to the proposed
development. Washington County Rural Water District #3 will provide water to the proposed
development. 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, and utility plans.
Due to the COVID 19 pandemic, the applicant did not hold a neighborhood meeting but rather
mailed the concept plan to the adjoining neighborhood. The applicant received 3 comments
regarding the proposal.
COMPREHENSIVE PLAN CONSISTENCY:
The GrOwasso 2030 Land Use Master Plan is a document that provides a moderately flexible tool for
evaluating development proposals. Currently, the Master Plan calls for commercial uses on the
subject property. Utilizing the property for a commercial use, like the applicant proposes for
Development Area A, would be consistent with the vision laid out for this property within the Master
Plan. Likewise, using the property for a residential use, like the applicant proposes for Development
Area B, would be a reduction in the intensity of use allowed by the Master Plan. A reduction in the
intensity of a land use is allowed without an amendment to the Master Plan.
The subject property is adjacent to areas called out for commercial land uses on its southern
boundary, and on portions of its eastern and western boundaries. This means the commercial
development proposed in Development Area A, in the southern portion of the site, will be
harmonious with the future surrounding land uses. Similarly, the subject property is adjacent to areas
called out for residential land uses along its northern boundary, as well as on portions of its eastern
and western boundaries. The proposed residential care facility, within Development Area B, will also
serve a residential purpose; therefore, the land use proposed in the northern portion of the property
is agreeable with furniture surrounding land uses.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
The land use proposed in this PUD is both commercial and high density residential. The proposed
commercial land use in Development Area A, in the southern portion of the site, lends itself well
to blending into the commercial corridor along East I I 61 Street North envisioned in the Master
Plan. The proposed assisted living facility in Development Area B, in the northern portion of the
site, is well- suited to agree with the future residential district that the Master Plan envisions for the
area north of the property. Further, the proposed PUD is located in an area that is slated to be
the boundary between future commercial and residential land uses. Because of this, the fact
that there are two different proposed land uses for the property is consistent with the vision the
City has for this area. Staff determined the proposed development is in harmony with the
surrounding existing and expected development.
OPUD 20 -07
Page 4 of 4
PLANNING ISSUES:
Future planning issues must still be considered if the PUD amendment is approved. If approved,
the applicant will be required to adhere to all City of Owasso subdivision regulations and
engineering requirements.
According to the Owasso Zoning Code, the Planning Commission 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:
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 voted 4 -0 to recommend approval of OPUD 20 -01 and OZ 20 -01 at
their regular meeting on June 8, 2020.
RECOMMENDATION:
Staff recommends adoption of Ordinance 1168, approving OPUD 20 -01 and rezoning OZ 20 -01.
ATTACHMENTS:
Ordinance 1168
PUD Proposal with Site Plan
Zoning Map
GrOwasso 2030 Land Use Master Plan Map