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
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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
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�eliedara- s�ity- Cleric '' ��G\�� OF O�J,
(SEAL)
APPROVED AS TO FORM:
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Awl
Beth Anne Childs, Acting City Attorney drap;:a "`'`
Ordinance 1182
Page 3 of 4
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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