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HomeMy WebLinkAbout1182_OPUD 21-02_OZ 21-05_Smith Farm Village SE C of Garnett and 96th_AG to RNX CSTulsa County Clerk - Michael Willis is 6 � Doe p 2021099629 Page(s): 4 8 :;3 08/26/2021 09:42:11 AM Receipt p 21 -60864 OkG4HOMP Fee: $ 24.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1182 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AS REFERENCED IN APPLICATION OPUD 21 -02 AND A REZONING AS REFERENCED IN ZONING APPLICATION OZ 21 -05 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning and a 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 21 -02 and rezoning application OZ 21 -05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land contained within the Northwest Quarter (NW /4) of Section Twenty (20), 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, said tract also being contained within part of Quit -Claim Deed, Doc. No. 2005021241, as filed in the office of the Tulsa County Clerk, being more particularly described as follows: Commencing at the southwest corner of the Northwest Quarter (NW /4) of Section Twenty (20), 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; Thence North 01 012'17" West, along the west line of said Northwest Quarter (NW /4), a distance of 1051.97 feet to the northwest corner of Smith Farm Marketplace, Plat No. 5827, as filed in the office of the Tulsa County Clerk, said point also being the point of beginning of said Quit -Claim Deed, Doc. No. 2005021241; Thence North 88 047'23" East, along the north line of said Plat No. 5827, a distance of 243.60 feet; Thence North 01 112'09" W, continuing along said north line, a distance of 136.26 feet; Thence North 43 °47'51" East, continuing along said north line, a distance of 136.31 feet to the "Point of Beginning "; Thence North 01 012'17" West a distance of 1034.96 feet; Thence North 88 14525" East a distance of 1244.43 feet to a point on the west line of The Amended Plat of The Center at Owasso, Plat No. 6252, as filed in the office of the Tulsa County Clerk; Thence South 01 01435" East, along said west line, a distance of 223.41 feet; Thence South 51 017'08" West, continuing along said west line, a distance of 31.85 feet to a point on the easterly line of said Plat No. 5827; Thence, northerly and westerly along the easterly and northerly line of said Plat No. 5827, the following eight (8) courses: North 46 012'43" West a distance of 22.06 feet; Thence South 51 115'39" West a distance of 329.72 feet; Thence South 83 °46'11" West a distance of 211.66 feet; Thence South 43 04753" West a distance of 657.95 feet; Thence North 46 °21'17" West a distance of 100.53 feet; Thence South 43 04751" West a distance of 275.58 feet to the "Point of Beginning ". Said tract contains 748,246 square feet or 17.1774 acres, is hereby rezoned from Agriculture (AG) to Residential Neighborhood Mixed (RNX) with a PUD Overlay (OPUD 21 -02). Ordinance 1182 Page 1 of 4 y AND A tract of land contained within the Northwest Quarter (NW /4) of Section Twenty (20), 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, said tract also being contained within part of Quit -Claim Deed, Doc. No. 2005021241, as filed in the office of the Tulsa County Clerk, being more particularly described as follows: Commencing at the southwest corner of the Northwest Quarter (NW /4) of Section Twenty (20), 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; Thence North 01 01217" West, along the west line of said Northwest Quarter (NW /4), a distance of 1051.97 feet to the northwest corner of Smith Farm Marketplace, Plat No. 5827, as filed in the office of the Tulsa County Clerk, said point also being the point of beginning of said Quit -Claim Deed, Doc. No. 2005021241; Thence North 88 147'23" East, along the north line of said Plat No. 5827, a distance of 60.00 feet to the "Point of Beginning "; Thence North 01 9217" West, parallel to the said west line, a distance of 1499.20 feet; Thence North 43 15214" East a distance of 40.01 feet to a point being 60.00 feet perpendicularly distant of the north line of said Northwest Quarter (NW /4); Thence North 88 045'25" East, parallel to said north line, a distance of 861.75 feet; Thence South 85 031'58" East a distance of 100.50 feet; Thence North 88 04525" East, parallel to said north line, a distance of 128.26 feet; Thence North 01 014'37" West a distance of 10.00 feet; Thence North 88 °45'25" East, parallel to said north line a distance of 405.92 feet to a point on the west line of The Amended Plat of The Center at Owasso, Plat No. 6252, as filed in the office of the Tulsa County Clerk; Thence South 01 014'35" East, along said west line, a distance of 260.00 feet; Thence South 88 045'25" West, parallel to said north line, a distance of 1244.43 feet to a point being 320.00 feet perpendicularly distant of the north line of said Northwest Quarter (NW /4) and also being 340.00 feet perpendicularly distant of the west line of said Northwest Quarter (NW /4); Thence South 01 *12'17" East, parallel to the west line of said Northwest Quarter (NW /4), a distance of 1034.96 feet to a point on the north line of said Plat No. 5827; Thence along said north line the following three (3) courses: South 43 °47'51" West a distance of 136.31 feet; Thence South 01 °12'09" East a distance of 136.26 feet; Thence South 88 147'23" West a distance of 183.60 feet to the "Point of Beginning "; Said tract contains 731,272 square feet or 16.7877 acres, is hereby rezoned from Agriculture (AG) to Commercial Shopping (CS) with a PUD Overlay (OPUD 21 -02). 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. Ordinance 1182 Page 2 of 4 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 ADOPTED this 171h day of August, 2021. Bill Bush,lvlayor f1 1 4�,;i191f7d;dp �eliedara- s�ity- Cleric '' ��G\�� OF O�J, (SEAL) APPROVED AS TO FORM: .. Awl Beth Anne Childs, Acting City Attorney drap;:a "`'` Ordinance 1182 Page 3 of 4 �x �i MMV� CG AG- _ 6 E 22 ST z c1 z RS -3 rD rt LOE 21 CT I K��PKKE :.gam Q Q Stv9(TH F 0 �CG Surrounding Zoning PUD 21 -02 /OZ 21 -05 Ordinance 1f4 Page 4 of 4 CS 9 itm m E 961h St N E96STN E S(i S'f N 2 r Subject !” Property - q Ao� \ ;.: / 4e Qy ` CS z o�* JSy69 h o :S OJ /�D Lei *QA �I ell o,PyAlj /// CG uo I Puo 1&03 II - �� PF RS -3 0 CS CG Z �P „LN rf °� I11►++ f PUD02-0 If m ..m1 �x �i MMV� CG AG- _ 6 E 22 ST z c1 z RS -3 rD rt LOE 21 CT I K��PKKE :.gam Q Q Stv9(TH F 0 �CG Surrounding Zoning PUD 21 -02 /OZ 21 -05 Ordinance 1f4 Page 4 of 4 CS 9 itm m E 961h St N E96STN E S(i S'f N 2 r Subject !” Property - q Ao� \ ;.: / 4e Qy ` CS z o�* JSy69 h o :S OJ /�D Lei *QA �I ell o,PyAlj /// CG uo I Puo 1&03 II - �� PF RS -3 0 Weekly Group CITY OF OWASSO /LEGALS AIM 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 01, 2021 Date Category Description Ad Size Total Cost 09/01/2021 Legal Notices ORDINANCE 1182 2 x 143.00 CL 183.04 Affidavit of Publication I Brenda Brumbaugh , 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 09/01/2021 Newspaper reference: 0000720272 Legal Representative t, Sworn to and subscribed before me this date: S h.--- Nota Public AMBER SHELL NOTARY PUBLIC - STATE OF OKLAHOMA MY COMMISSION EXPIRES SEP 11, 2023 COMMISSION # 19009197 My Commission expires: 720212 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, September 1, 2021 CITY OF OWASSO, OKLAHOMA - ORDINANCE 1182 AN ORDINANCE APPROVING A PLANNED UNIT DEVEL- OPMENT AS REFERENCED IN APPLICATION OPUD 21.02 AND A REZONING AS REFERENCED IN ZONING APPLI- CATION OZ 2145 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT I WHEREAS, public hearings have been held rewarding the re- quest for rezoning and a Planned unit development of the pmperty described below: and, WHEREAS, the Owasso City Council has considered the rec- ommendation of the Owasso Planning Commission and all statements for or against the requested planned unit develop- ment application OPUD 21 -M and rezoning application OZ 21- 05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land contained Within the Northwest Quarter (NW 14) of section Twenty (20), Township Twenfv -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, mid tract also being con. tained within part of Quit -Claim Deed, Doc. No. 2005021241, as filed in the office of the Tulsa County Clerk, being more Par - ticularly described as follows: rammencirm of the southwest corner of the Northwest umm em uc. East, along the north line of saitl Plat No. 5827, a distance of 243;60 feet; Thence North 01'12.09" W, continuing along said north line, a distance of 136.26 feet; Thence North 43.47.51" East, continuing along said north line, a dis- tonce of 136.31 feet to the "Point of Beginning "; Thence North 01 °12'17' West a distance of 1034.96 feet; Thence North 8B °4525' East a distance of 1244.43 feet to o point on the west line of The Amended Plat of The Center at Owasso, Plot No. 6252, os filed In the office of the Tulsa County Clerk; Thence South 01 °14'35' East, along said West line, a tlistance of 223.41 feet; Thence South 51 °17'08' West, continuing along sold West line, adistance of 3125 feet to a point an the easterly line of said Plat No. 5827; Thence, northerly and westerly clang the easterly and northerly line of saitl Plat No. 5827, the following eight (B) courses: North 46°12143' West a distance of 22.06 feet; Thence South 51.1519' West a distance of 329.72 feet; Thence South 8346'11' West a distance of 211.66 feet; Thence South 4347'53' West a distance of 657.95 feet; Thence North 46°21.17' West a distance of 10153 feet; Thence South 43'47'51' West a distance of 215.58 feet to the "Point of Beginning ". Said tract contains 74246 square feet or 17.1774 acres, Is hereby rezoned from Agriculture (AG) to Residential Neighborhood Mixed (RNX) With a PUD Overlay (OPUD 21- 02). AND A tract of land contained within the Northwest Quarter (NW /4) of Section Twenty (20), Township Twenty-one (211 North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, said tract also being con. tained within port of Quit -Claim Deed, DOC. No. 200501 as filed in the office of the Tulsa County Clerk, being more Par- ticularly described as follows: - Commencing at the southwest comer of the Northwest Quarter (NW 14) of Section Twenty (20), Township Twenty -one (21) North, Range Faurteen (14) East of the Indian Box and Meridian, Tulsa County, State of Oklaho- mo, according to the U.S. Government Survey thereof; Thence North 01-12'77- West, along the West line of said Northwest Quarter (NW 14), a distance of 1051.97 feet to the northwest corner of Smith Farm Marketplace, Plat No. 5827. as filed In the office of the Tulsa County Clerk, 4U.U1 fear to a toot of the nor Thence North distance of 661 lance W 100.50 to said north I a distance of I a distance at IU.UU teen; it Parallel to sold north line a a Point an the west line of Tt a distance of 1244.4 feet to west Quarter (NW 14) and also being 340.00 feet perpendic- ularly distant of the west line of said Northwest Quarter (NW /4); Thence South 01 °12117' East, parallel to the west line of said Northwest Quarter (NW /O, a distance of 103496 feet to a paint on the north line of saitl Plat NO. 5827; Thence along mid north line the following three (3) courses: South 43. 47'51' West a distance of 136.31 feet; Thence South 01 °12'09' East a distance of 136.26 feet; Thence South 88'47'23' West a distance of 183.60 feet to the "Paint of Beginning "; Said tract contains 731,272 square feet or 16.7877 acres, is hereby rezoned from Agriculture (AG) to Commercial Shopping (CS) with a PUD Overlay (OPUD 21-02). The Site Development Plan and Statement of Intent shall be followed far any development of the described Property. SECTION 2. All ordinances or parts of ordinances, In conflict with this or- dinance are hereby repealed to the extent of the conflict only. SECTION 3. If any Part or Parts of this ordinance are deemed uncenstRu- tional, 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 Tulm County. Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED AND ADOPTED this 17th day of August, 2021. /s/ Bill Bush, Mayor ATTEST: Is./ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: /s/ Beth Anne Childs, Acting City Attorney APPROVED BY COUNCIL. nru rww. • nu. m...n,.. uw, c�m�ro TO: The Honorable Mayor and City Council AUG 17 2021 FROM: Alexa Beemer City Planner SUBJECT: Ordinance 1182, OPUD 21 -02 /OZ 21 -O5 -Smith Farm Village DATE: August 12, 2021 BACKGROUND: The Community Development Department received a Planned Unit Development (PUD) application (OPUD 21-02) for Smith Farm Village, a proposed mixed -use development located at the southeast corner of the intersection of North Garnett Road and East 96th Street North. The property is approximately 33.97 acres in size and is currently zoned Agriculture (AG). A separate rezoning request (OZ 21 -05) has been concurrently filed with this PUD. OZ 21 -05 requests that approximately 16.79 acres of the subject property be given the Commercial Shopping (CS) designation and the remaining 17.18 acres a Residential Neighborhood Mixed (RNX) designation. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS)/ Commercial Commercial City of Proposed Zoning Commercial General (CG) RNX Owasso South Commercial Shopping (CS) Commercial Commercial City of Water Provider City of Owasso Applicable Storm Siren Fee ($50.00 per acre) Owasso East Commercial Shopping (CS)/ Commercial Commercial City of Owasso Commercial Shopping (CS)/ Commercial/ Commercial/ City West Commercial General (CG)/ Religious Transitional Owasso Agriculture (AG) Institution SUBJECT PROPERTY /PROJECT DATA: 33.97 acres +/- Property Size . Proposed RNX zoned area= 17.18 acres +/- • Proposed CS zoned area = 16.79 acres +/- Current Zoning Agriculture AG Proposed Use Commercial/Single-Family Rental Community Proposed Zoning Commercial Shopping (CS)/ Residential Neighborhood Mixed RNX Land Use Master Plan Commercial Within PUD? No Within Overlay District? Yes; US -169 Overlay District Water Provider City of Owasso Applicable Storm Siren Fee ($50.00 per acre) Paybacks /Fees Garnett Regional Detention Assessment Area ($30,737.00 per acre) Assessed at Platting) Streets Public or Private Private OPUD 21 -02 /OZ 21 -05 Page 2 CONCEPT OF A PUD: 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 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. 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. Currently, the Land Use Master Plan identifies the entirety of the subject property for commercial land uses, but it further describes that multi - family uses as a possible use. In most cases, this means that the multi - family use is a component of a larger mixed -use project. For this project specifically, the single - family detached homes will be owned and operated by a single entity, thus making this portion of the property effectively function as a horizontal multi- family use. Considering this, the requested zonings of RNX and CS are appropriate for this PUD request. ANALYSIS: The subject property was annexed into Owasso City Limits with Ordinance 495 in 1995. In order to accommodate the proposed uses outlined within this PUD request, the current zoning of AG needs to be changed. The applicant is seeking to apply the CS zoning designation to approximately 16.79 acres, which covers most of the frontage along East 961h Street North and North Garnett Road. The applicant is also seeking to apply the RNX zoning designation to the portion of the property that lies to the interior of the site, behind the proposed commercial development. The RNX zoning designation will comprise approximately 17.18 acres of the total development area. The Development Area Plan submitted for this PUD identifies five (5) development tracts. Tracts A, B and C are designated for commercial development, Tract D is called out for residential development and Tract E is denoted as a wetland reserve area, which the applicant intends to keep as undeveloped open space. The proposed commercial area tracts will be comprised of approximately 14.86 acres total, to be subdivided into individual lots at a later time. The applicant has indicated that they envision general retail and commercial uses in this portion of the development, along the frontages of the two arterials that surround the subject property. The residential area of the proposed PUD comprises of approximately 12.88 acres and is located in the south - central interior portion of the subject property. The applicant intends to develop single - family detached homes on what will eventually be platted as approximately sixty -four (64) individual lots. A single management company will own all of the lots, which will be rented to future residents. The residential portion of this PUD will also feature two (2) pocket parks, one of which the applicant plans to center around the existing silo that was part the original home site of the Smith Farm parcel, thus integrating the history of the property into the project. OPUD 21 -02(OZ 21 -05 Page 3 Between the residential and commercial areas of the PUD lies a jurisdictional wetland, which will be set aside as a reserve area approximately 6.22 acres in size. The reserve area will function not only as a buffer between the proposed residential and commercial uses to the west and north, but also as an additional amenity feature for future residents. Further, there is an existing landscape buffer yard running along the southern and eastern boundaries of the subject property. This buffer yard contains a stand of mature evergreen trees and a privacy fence, both of which will buffer the proposed residential use from the existing commercial uses to the south and east. The development lies within the US -169 Overlay District and as presented the PUD appears to conform to the requirements for said overlay district. As each site plan is submitted for different areas within the development, they will be reviewed independently to ensure they meet the requirements of the Overlay as well as other design requirements of the Zoning Code. The PUD proposes two multi- tenant 25 -foot pylon signs, to be located at each of the two main entrances to the development. Additionally, 12 -foot monument -style signs will be allowed within the commercial area of the development; the exact number and placement of said signs will be determined once the commercial area is platted. It should be noted, that if the property were parceled out separately under CS zoning, signage would be allowed to be 20 feet in height. All signage will be consistent with the standards set forth in the Owasso Zoning Code. Access to the development is proposed off both East 961h St North and North Garnett Road, via two main entrance drives. Smaller, secondary drives into the various commercial parcels will be permitted, provided that they all adhere to the regulations set forth in the Owasso Zoning Code. The final determination of all access points will occur at the time the property is platted. An internal private road will connect the two main entrance drives; this private road will also serve to provide internal circulation in the residential portion of the development. Additionally, the applicant is proposing the construction of a trail system that will connect to the residential area's sidewalks and allow residents of the development access to the wetland reserve area. The private street system, landscaped entryways around the two main entrances, amenity areas like the pocket parks, and the wetland reserve area will all be maintained by the Smith Farm Village Homeowners' Association. Said Association will be established once the residential portion of the property is platted. A conceptual landscape plan showing various landscape buffer yards between the proposed residential use and the adjacent commercial uses has been provided with the PUD documents. A fully detailed landscape plan will be required to be submitted for City staff approval at the time of site plan review for each phase of the development. All landscaping and off - street parking will be required to meet the requirements identified in the Owasso Zoning Code. The City of Owasso will provide water, sanitary sewer, fire, police, and ambulance services to the property. 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 mixed -use development with a zoning of CS and RNX is appropriate for this location. The subject property is located on the periphery of one of the City's larger commercial corridors, so a mixed -use development such as the one proposed with this PUD request does fit with exiting surrounding land uses. Further, the concept plan is designed to complement surrounding uses and employs good transitional planning principals to protect the proposed residential area from the adjacent commercial uses. OPUD 21 -02 /OZ 21 -05 Page 4 PLANNING COMMISSION & COUNCIL CONSIDERATION: When evaluating a PUD, 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 4-0 to recommend approval of OPUD 21 -02 with accompanying rezoning request OZ 21 -05, at their regular meeting on August 9, 2021. RECOMMENDATION: Staff recommends adoption of Ordinance 1182. ATTACHMENTS: Ordinance 1182 GrOwasso 2030 Land Use Master Plan Map Smith Farm Village PUD Proposal Packet