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HomeMy WebLinkAbout1189_OZ 22-02_OPUD 22-01_SE C of E 86th St N and N Memorial Rd_AG to CS and RM*off Tulsa County Clerk - Michael Willis Doc p 2022008862 Page(s): 3 g :...'� 01/26/2022 08:58:46 AM a Receipt N 22 -6115 °o >° Fee: $ 22.00 kGAHOM CITY OF OWASSO, OKLAHOMA ORDINANCE 1189 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AS REFERENCED IN APPLICATION OPUD 22 -01 AND REZONING APPLICATION OZ 22 -02 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 22 -01, and rezoning application OZ 22 -02. 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 (25), Township Twenty -one (21) North, Range Fourteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof being more particularly described as follows: COMMENCING FROM THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 13 EAST; THENCE SOUTH 01027'30" EAST FOR A DISTANCE OF 60.00 FEET; THENCE NORTH 88 041'38" EAST FOR A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 880 41'38" EAST FOR A DISTANCE OF 634.82 FEET; THENCE SOUTH 01 °27'30" EAST SOUTH FOR A DISTANCE OF 239.28 FEET; THENCE SOUTH 88041'38 WEST FOR A DISTANCE OF 634.82 FEET; THENCE NORTH 01027'30" WEST FOR A DISTANCE OF 239.28 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINING 151,899.19 SQUARE FEET (3.49 ACRES) Said tract contains 151,899.19 square feet or 3.49 acres, is hereby rezoned from Agriculture (AG) to Commercial Shopping (CS) with a PUD Overlay. AND A tract of land contained within the Northwest Quarter (NW /4) of Section Twenty (25), Township Twenty -one (21) North, Range Fourteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof being more particularly described as follows: COMMENCING FROM THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 13 EAST; THENCE SOUTH 01027'30" EAST FOR A DISTANCE OF 60.00 FEET; THENCE NORTH 88041'38" EAST FOR A DISTANCE OF 684.82 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88041'38" EAST FOR A DISTANCE OF 575.93 FEET; THENCE SOUTH 01034'50" EAST FOR A DISTANCE OF 600.00 FEET; THENCE SOUTH 88041'38" WEST FOR A DISTANCE OF 1212.03 FEET; THENCE NORTH 01027'30" WEST FOR A DISTANCE OF 360.72 FEET; THENCE NORTH 88041'38" EAST FOR A DISTANCE OF 634.82 FEET; THENCE NORTH 01027'30" WEST FOR A DISTANCE OF 239.28 FEET TO THE POINT OF BEGINNING, SAID TRACT OF LAND CONTAINING 574,929.52 SQUARE FEET (13.20 ACRES) Ordinance 1189 Page 1 of 3 Said tract contains 731,272 square feet or 16.7877 acres, is hereby rezoned from Agriculture (AG) to Residential Multi - Family (RM) with a PUD Overlay. 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. SECTION S. 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. , p4ak, , .1k t — WI., va L., W1, � I , I (SEAL) APPRO ED ASTO FORM: l I Julie Fmbardi, City Attorney Ordinance 1189 Page 2 of 3 PASSED AND ADOPTED this 18th day of January, 2022_ I 4717, N , N Subject Tract ',,�.*-�-: -.0 . N4 V MWY1, " Note: Graphic overlays may not precisely align with physical I I J Subject PUD 22-01 0 100 200 400 features an the ground. Tract I I 2521-13 Aerial Photo Date: 202012021 El OZ 22-02 Feet 41� M T? 4 A Subject Tract ',,�.*-�-: -.0 . N4 V MWY1, " Note: Graphic overlays may not precisely align with physical I I J Subject PUD 22-01 0 100 200 400 features an the ground. Tract I I 2521-13 Aerial Photo Date: 202012021 El OZ 22-02 Feet 41� M e 7e�i Group CITY OF OWASSO /LEGALS AIM 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 January 26, 2022 Date Category Description Ad Size Total Cost 0111612022 Legal Notices ORDINANCE 1189 2 x 89.00 CL 113.92 Affidavit of Publication 141990 I Published In the Owosso Reporter, Owasso, Tulsa County. Oklahoma, January 26, 20z4 Brenda Brumbaugh 1 of lawful age, being duly clry OF OWASSO, OKLAHOMA ORDINANC E 1189 sworn, am a legal representative of the Owasso Reporter of Owasso, AN ORDINANCE APPROVING A PLANNED UNIT DEVEL- OPMENT AS REFERENCED IN APPLICATION OPUD 2241 Oklahoma, a weekly newspaper of general circulation in Tulsa AND REZONING APPLICATION OZ 2242 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINAN- CES IN CONFLICT County, Oklahoma, a le g al newspaper qualified to publish IegT WHEREAS, Public hearings have been held regarding the re- quest far rezoning and Planned unit development of the prop- notices, as defined in 25 O.S. § 106 as amended, and thereafter, and erty described below; and, WHEREAS, the Owasso City Council has considered the rec- ommendmlon of the Owasso Planning Commission and all Iles with all other complies requirements of the laws of Oklahoma with statements for or against the requested Planned unit develop- ment application OPUD 22.81, and rezoning application Oz 22- reference to legal publication. That said notice, a true copy of which 02. OF THE HCITY OFF OWA SO, OKLAHOMA, THAT TO WIT: is attached hereto, was published in the regular edition of said SECTION 1. A tract of land contained within the Northwest Quarter (NW /4) of Section Twenty (25), Township Twenty -one newspaper during the period and time of publication and not in a (21) North, Range Fourteen (13) East of the Indlnn Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof being more particularly de- supplement, on the DATE(S) LISTED BELOW scribed as follows: COMMENCING FROM THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 21 NORTH, RANGE 13 EAST; THENCE SOUTH 01 °27'30" EAST FOR 80'41'38" EAST FOR AC DISTANCE E OFE50.01) FEET TO THE 01/26/2022 POINT OF BEGINNING; THENCE NORTH BB° 41138" EAST FOR A DISTANCE OF 634.82 FEET; THENCE SOUTH 0197'30" EAST SOUTH FOR A DISTANCE OF 239.28 FEET; Newspaper reference: 0000742990 THENCE SOUTH 88 °41'38 WEST FOR A DISTANCE OF FEET; THENCE NORTH Ol °POIN WEST FOR A DG, TAN TANCE A 239.28 FEED TO THEN POINT 1, BEGINNING, SAID TRACT OF LAND CONTAINING 151,899.19 SQUARE ,7 FEET (].49 ACRES) h tract tamales 1from.19 square feet or 3.49 acres, a.WY C.An Is S hereby S) with from Agriculture (AG) to Commercial Shopping (CS) with a PUD Overlay. Legal Re resentatwe 9 P AND tract of land contained within the Northwest Quarter ( m Twenty (75), Township Twenty-one (2n ge Fourteen North, North, Range Fourteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the Sworn to and subscribed before me this date• U.S. Government Survey thereof being more particularly de- scribed follows: COMMENCING FROM THE NORTHWEST CORNER OF ,• THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 4 17 NORTH, .RANGE 13 EAST; THENCE SOUTH 0NORT" EAST FOR A DISTANCE C OF 60A0 FEET; THENCE NORTH ' I • EAPT FOR A DISTANCE OF FEET TO THE POINT I HENC BEGINNING; THENCE NORTH 88.41E EAST NORTH FOR A D FOR A DISTANCE OF 5DIS FEET; THENCE SOUTH EAST Q bIIC THEN0" FOR A DISTANCE OF DISTANCE FEET; THENCE SOUTH 88°dlE WEST FORA DISTANCE OF FEET; THENCE NORTH 0" WEST FORA _ AMBER SHELL DISTANCE DISTANCE OF 360.72 FEET; THENCE NORTH 89'4138- THENCE '. 1, : %3'TARYPIJ3UC_STfT_,, EAST FOR 30 DISTANCE OF STAN FEET; THENCE THENCE NORTH 0POINT WEST FORA DISTANCE 239.28 FEET - C O( <llli3, lF P:IY (;QI ✓G(I$$13�! E;(gj,j[� clip TO THE POINT OF BEGINNING, SAID TRACT OF LAND A CONTAINING - -'" •" ' 11� z3 3�� ��I41iVJl$$IQI� ^�Og -197 29.52 SQUARE FEET ACRES) ,�: I ntain. 731,272 feet or 66.720 Said ere My Commission expires: hereby ture ( G) !acres, is hereby is tl from Agriculture (AG) to Residential Agriculture ly (R with a PUD Overlay. TheSite Dev lopm The Site Development ?Ian and Statement of intent shall be etl for any development of the described property. SECTION 2. All ordinances or Paris of In this d toponces, hereby repealed to the extent of the conflict only. of th conflict y. SECTION ], SECTION If any Port or Parts of this ordinance are deemed unconstitu- flonol, 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 sate of final Passage as Provided by state low. SECTION S. 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 18th day of January, 2022. 7s/ Bill Bush, Mayor ATTEST: 7s/ Juliann M. Stevens, City Clerk APPROVED AS TO FORM: 757 Julie Lombardi. City Attorney TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Karl Ffltschen AICP, RLA Planning Manager Ordinance 1189, OPUD 22 -01 /OZ 22 -02 -Casa Del Mar January 14, 2022 BACKGROUND: APPROVED BY COUNCIL JAN 1 9 2022 The Community Development Department received a . Planned Unit Development (PUD) application (OPUD 22 -01) for Casa Del Mar, a proposed mixed -use development located at the southeast corner of the intersection of East 86th Street North and North Memorial Road. The property was annexed into the City Limits in 2017, under Ordinance 1115. A rezoning request, OZ 22 -02, which proposes an underlying zoning pattern of Commercial Shopping (CS) and Residential Multi - Family (RM), accompanies this PUD request. SUBJECT PROPERTY /PROJECT DATA: Property Size 16.86 acres +/- Current Zoning Agriculture (AG) Proposed Zoning Commercial Shopping (CS), Residential Multi - Family (RM) Present Use Vacant Land Use Master Plan Commercial/ Transitional Within PUD? No Within Overlay District? No Water Provider Washington County Rural #3 Paybacks (assessed at final plat) Ranch Creek Interceptor ($610.33 per acre) Storm Siren Fee 50.00 per acre 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. OPUD 22 -01/ OZ 22 -02 Page 2 SURROUNDING LAND USE: Direction Zoning Use Land Use Jurisdiction Plan North Agriculture (AG) Vacant /Undeveloped Commercial/ Tulsa Transitional Count South Agriculture (AG) with Horticulture/ Residential/ City of OPUD 17 -03 Overlay Attached Housing /Retail Transitional Owasso East Agriculture (AG) Vacant /Undeveloped /Single Transitional Tulsa Family Home I Count West Agriculture (AG) Vacant /Undeveloped /Single Commercial Tulsa Family Home County 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 GrOwasso 2030 Land Use Master Plan identifies the property for commercial and transitional land uses, making the proposed development consistent with the land uses identified for this location. ANALYSIS: • The zoning request proposes Residential Multi - Family (RM) zoning for the southern 13.95 acres (Development Area 'B') and Commercial Shopping (CS) zoning for the remaining 3.434 acres (Development Area 'A'). The subject property is currently unplatted. • The conceptual development plan submitted for OPUD 22 -01 identifies the property for commercial, office and residential multi - family uses. • The multi - family development area is proposed to be built in 2 phases, with the eastern portion of Development Area 'B' being phase 1 and contain 120 dwelling units. Phase 2 will be completed after phase 1 in Development Area 'B' is built and will contain an additional 120 units, making a total of 240 dwelling units for the project. • The remainder of the property, Development Area 'A,' where the commercial and office uses are identified will be developed a later time. • Both Development Areas will be limited to one (1) curb cut on East 86th Street North and one (1) curb cut on North Memorial Road each. These access points will be set back from the intersection at a distance that will meet the driveway spacing requirements in the Owasso Zoning Code. • A decorative fence is proposed around the north and western boundary of Development Area 'B' and an opaque privacy fence along the boundary of Development Area 'A'. • The conceptual Landscape Plan shows a buffer yard between Development Area 'A' and Development Area 'B,' as well as exterior plantings along the entirety of the subject property. OPUD 22 -01 / OZ 22 -02 Page 2 • All landscaping and off- street parking will be required to meet the requirements identified in the Owasso Zoning Code. • The multi - family area will contain several amenity features, including a swimming pool, main clubhouse, tot lots, and other area activity areas. • The buildings are proposed to be 3 stories (36 feet) from the ground to the eve height and be constructed with cement board siding, brick, and asphaltic shingles for the roof. Decorative shutters will be placed at the windows. The commercial area will also be comprised of masonry materials. • The City of Owasso will provide police, fire, ambulance, sanitary sewer services to the subject property. Water service would be provided by Washington County Rural #3. • Pending the rezoning of the property, the applicant would need to submit a final plat. PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of OPUD 22 -01 /OZ 22 -02 — Casa Del Mar at their regular meeting on January 10, 2022. RECOMMENDATION: Staff recommends adoption of Ordinance 1189. ATTACHMENTS: Ordinance 1189 Zoning Map GrOwasso 2030 Land Use Master Plan Map PUD Document