HomeMy WebLinkAbout2011.02.07_Planning Commission AgendaOWASSO PLANNING COMMISSION
FEBRUARY 7, 2011
6:00 PM
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING COMMISSION
TYPE OF MEETING:
Regular
DATE:
February 7, 2011
TIME:
6:00 PM
PLACE:
Old Central
109 North Birch
NOTICE FILED BY:
Marsha Hensley
TITLE:
Assistant City Planner
Filed in the office of the Owasso City Clerk and posted at the north entrance to
City Hall at 1:00 PM on February 33 2 11.
Karl Fritschen, Community Development
Director
OWASSO PLANNING COMMISSION
Monday, February 7, 2011 at 6:00 PM
Old Central
109 North Birch
AGENDA
1. Call to Order
2. Roll Call
3. Approval of Minutes from the January 10, 2011 Regular Meeting.
4. Annexation 11 -01 - Consideration and appropriate action related to a
request to annex approximately 15 acres of land containing part of the
Maple Glenn II subdivision and portions of land to the east. Maple Glen
subdivision is located on North Garnett Road and East 110th Street North.
5. OPUD 10 -01 (Rehearing of OPUD 04 -01 - The Reserve at Elm Creek) -
Consideration and appropriate action related to the request for rezoning
from an AG (Agriculture) district to OPUD 10 -01 (Planned Unit
Development) with an underlying zoning designation of RS -3 (Residential
Single Family) on pro�erty located at the northwest corner of the
intersection of East 66t Street North and North 1291h East Avenue. The
subject tract is approximately 19.75 acres.
6. Preliminary Plat - The Reserve at Elm Creek - Consideration and
appropriate action related to the request for the review and acceptance
of a preliminary plat consisting of 51 single family lots on approximately
12.46 acres of the 19.75 acre tract. The subject property is located at
the northwest corner of the intersection of East 66th Street North and
North 129th East Avenue.
7. Final Plat - Life Church - Consideration and appropriate action related
to the request for the review and acceptance of a final plat being one
(1) lot, one (1) block, on approximately 11.54 acres of land, located
14000 East 96 Street North.
8. Lot Split - OLS 11 -01 - The Greens at Owasso ft Owasso Golf It Athletic
Club - Consideration and appropriate action related to the request to
review and acceptance of a lot split and tot tie on a 27.34 acre tract
described as Lot 3, Block 1, The Greens at Owasso and the Owasso Golf
and Athletic Club.
9. Consideration and appropriate action related to a proposed change of
the special exception process.
10. Report on Monthly Building Permit Activity.
11. Report on Items Previously Forward to City Council. kw
12. Economic Development Report.
13. Adjournment.
OWASSO PLANNING COMMISSION
MINUTES OF REGULAR MEETING
Monday, January 10, 2011
Owasso Old Central
109 North Birch, Owasso, Oklahoma
MEMBERS PRESENT
Charles Brown
David Vines
Dr. Paul Loving
Dr. Mark Callery
MEMBERS ABSENT
Marilyn Hinkle
STAFF PRESENT
Karl Fritschen
Dan Salts
Daniel Dearing
Marsha Hensley
Julie Trout Lombardi
The agenda for the regular meeting was posted at the north entrance to City Hall on January 6,
2011 at 1:00 PM.
1. CALL TO ORDER - Charles Brown called the meeting to order at 6:00 PM and declared
a quorum present.
2. ROLL CALL
3. CONSIDER APPROVAL OF THE MINUTES OF DECEMBER 13, 2010 REGULAR
MEETING - The Commission reviewed the minutes of December 13, 2010 regular
meeting. Dr. Loving moved to approve the minutes as amended, seconded by David
Vines. A vote on the motion was recorded as follows:
Dr. Paul Loving - Yes
David Vines - Yes
Charles Brown - Yes
Dr. Mark Callery - Yes
The motion was approved 4 -0.
4. OPUD 10 -01 (Rehearing of OPUD 04 -01 - The Reserve at Elm Creek) - Consideration
and appropriate action related to the request for rezoning from AG (Agriculture) district
to OPUD 10 -01 (Planned Unit Development) with the underlying zoning designation of
RS -3 (Residential Single Family) on property located at the northwest corner of the
intersection of East 66 " Street North and North 129"' East Avenue. The subject tract is
approximately 19.75 acres.
Charles Brown presented the item and Karl Fritschen reviewed the staff report. Karl
explained that on May 10, 2004 the Owasso Planning Commission approved OPUD 04-
01 for a 19.75 acre residential development consisting of duplex and single family lots.
On June 1, 2004, Ordinance #782 was approved by the City Council for OPUD 04 -01.
The project consists of a total of 19.75 acres, 12 acres would be used for single - family
detached residential development and 7.75 acres would be used for duplex residential
development. The property is located at the northwest corner of the intersection of 66 "
Street North and 129 "' East Avenue. The applicant has submitted engineering drawings
OWASSO PLANNING COMMISSION
January 10, 2011
Page No. 2
and a preliminary plat for review. Since it has been over 5 years since OPUD 04 -01
was approved and there has been no development activity or any permits issued, staff is
bringing the proposal back to the Planning Commission for action, which will bring the
project up to date. The subject property is vacant. The development process was
described. The overall concept of the project remains the same as approved in 2004;
however, the applicant intends to only develop the 51 single family lots on the 12 acre
portion of the property. At the platting stage, the applicant will be required to dedicate
adequate right -of -way along the west side of North 129' East Avenue and along the
north side of 66ih Street North. Sidewalks will be required along all public right -of-
ways. The City of Owasso will serve the sewer and water from Rogers County Rural
Water District 2. Staff published, legal notice in the Owasso Reporter and notices were
mailed to property owners within a 300' radius of the property. Staff recommends
approval of OPUD 10 -01. The applicant was not present.
The Commissioners expressed concerns regarding the PUD requirements that have
changed since the approval of OPUD 04 -01. Charles Brown had questions pertaining to
the process. When a planned unit development expires is it subject to the current
standards or the standards existing in the year it was approved? The Commissioners
agreed that if additional information was submitted, it will help them with their review
and decision process. The PUD language needs to mention the materials that will be used
on the structures, discuss the open spaces such as the park area, etc. Karl explained that
the voting could be done several different ways. The Commissioners could vote to
approve the PUD with 2004 standards and grant an extension. The item could be tabled
until further information is submitted. Alternatively, this item could be denied and the
applicant could go back through the PUD process under the current codes. Karl also
explained that he would have to research the difference in the PUD standards between
2004 and 2011. City Attorney, Julie Trout Lombardi stated that if this PUD were
approved, Mr. Sokolosky would be held to the standards of 2004, unless but the motion
was stated " subject to standards in effect today ".
The following property owners were present to express their concerns with the proposed
development:
Cindee Treat - 6905 North 129 East Avenue - Had questions regarding how the sewer
was going to run. She was not notified when the PUD was submitted in 2004.
Doug Pruitt - 6736 North 129 East Avenue - Does not want duplexes. The blasting for
infrastructure will damage his home. Play by the rules of today and deny the request.
Chit Davis - 6811 North 129 East Avenue - The dynamiting at Keys Landing caused his
in ground pool to crack. It took six months to settle the claim. Does not want it to
happen again. He has lived there 33 years.
Josh Lemmons - 7006 North 129 East Avenue - If the 2004 PUD is expired it needs to be
brought up to date. The blasting of rock will be a problem. There will also be problems
with trash blowing from a new development.
OWASSO PLANNING COMMISSION
January 10, 2011
Page No. 3
David Vines stated that the Commissioners need to set a standard on how we will handle
an expired PUD in the future. There are several stalled projects in the city limits of
Owasso. He also stated that he feels comfortable tabling the item in order to allow the
PUD to meet today' s requirements. In addition, a draft of the covenants and a revised
conceptual drawing that reflects the 51 single - family lots and a layout for the duplex lots
needs to be submitted. Dr. Callery explained that the changes in the code would
influence his decision and feels that the PUD should not be approved with the 2004
guidelines; they should meet the 2011 standards. However, Dr. Callery stated that he
does not have a problem with the land use.
David Vines moved to table OPUD 10 -01 until further notice, seconded by Dr. Callery.
A vote on the motion was recorded as follows:
Dr. Paul Loving - Yes
David Vines - Yes
Charles Brown - Yes
Dr. Mark Callery - Yes
The motion carried 4 -0; OPUD 10 -01 is tabled until further notice.
5. Preliminary Plat - The Reserve at Elm Creek - Consideration and appropriate action
related to the request for the review and acceptance of a preliminary plat consisting of 51
single Family lots on approximately 12 acres of the 19.75 acre tract. The subject
property is located at the northwest corner of the intersection of East 66' Street North and
North 129th East Avenue.
Charles Brown presented the item and Karl Fritschen suggested this item be tabled until
action is taken on OPUD 10 -01.
David Vines moved to table the preliminary plat for The Reserve at Elm Creek, seconded
by Charles Brown. A vote on the motion was recorded as follows:
Dr. Paul Loving - Yes
David Vines - Yes
Charles Brown - Yes
Dr. Mark Callery - Yes
The motion carried 4 -0; the preliminary plat for The Reserve at Elm Creek is tabled until
action is taken on OPUD 10 -01.
6. Consideration and appropriate action related to a proposed change of the special exception
process.
Karl Fritschen asked that this item be removed from the agenda. Charles Brown moved
to table the action related to a proposed change of the special exception process, seconded
by Dr. Callery. A vote on the motion was recorded as follows:
OWASSO PLANNING COMMISSION
January 10, 2011
Page No. 4
Dr. Paul Loving — Yes
David Vines —Yes
Charles Brown — Yes
Dr. Mark Callery - Yes
The motion carried 4 -0.
7. Report on Monthly Building Permit Activity.
8. Report on Items Previously Forwarded to City Council.
9. Economic Development Director Report.
10. Adjournment — Dr. Loving moved, Dr. Callery seconded, to adjourn the meeting.
A vote on the motion was recorded as follows:
Dr. Paul Loving —Yes
David Vines —Yes
Charles Brown - Yes
Dr. Mark Callery - Yes
The motion carried 4 -0 and the meeting was adjourned at 7:10 PM.
Chairperson
Vice Chairperson
Date
Owasso Planning Commission
Date:
February 7, 2011
To:
Owasso Planning Commission
From:
Karl Fritschen, Community Development Director
Case #:
OA 11 -01
Subject: A request for the annexation of approximately 15 acres containing part of
Maple Glen II subdivision and portions of land to the east.
Parcel ID: 91408140806560
Area: +/- 15 acres
Existing Land Use: Maple Glen II subdivision and undeveloped land
Present Zoning: AG - Tulsa County
Surrounding Land Use/Zoning Designations:
North: Single Family residential, Zoned RE
South: Undeveloped land, Zoned AG (Tulsa County)
West: Single Family Residential, Zoned OPUD 04 -04
East: Undeveloped land, Zoned AG (Tulsa County)
Background:
The City of Owasso received a request for the annexation of approximately 15 acres of land
containing part of the Maple Glen subdivision. Approximately 15 years ago. Owasso Land Trust
(OLT) purchased 15 acres in the area that Is being developed as Maple Glen, which were
annexed Into the City Limits. At that same time OLT was granted an option to purchase an
additional 15 acres from the same land owner. OLT did not exercise this option until sometime In
early 2010, at which time OLT purchased the 15 acres that is part of this request. OLT's master
plan for this area always included the 15 acre tract even though it had not been purchased.
Platting and engineering on the property moved forward resulting in Maple Glen II, Apparently it
was assumed somewhere in the development process, by both OLT and the. City, that all 15
acres had been annexed. The final plat for Maple Glen II was filed with Tulsa County on
November 18, 2010. The retro- annexation request corrects this issue and allows the developer
to move forward, complete the infrastructure, and obtain building permits on property that was
reviewed by the City and designed to City Standards. In short this corrects an error that was
never caught until now,
Development Process:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city,
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
Step 3, Platting
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee JAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans Include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application Is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Another form of property division that can be considered in some cases is a lot split or lot tie. Lot
splits or ties are minor subdivisions of property into three or fewer tracts, and do not provide for
any new public streets. Typically, this is an appropriate option for a land owner who wishes to
take large undeveloped parcels of land and divide it into two or three smaller tracts.
Step 4, Site Plan Preparation
Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved,
the development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
Analysis:
As stated above, the requested annexation is necessary for the applicant to begin obtaining
building permits for Maple Glen II and to officially bring the development Into the corporate
limits of the City of Owasso. The request essentially is a retro-annexation and was clearly an
oversight. Even though a portion of Maple Glen II was not within the city limits, the entire
subdivision was designed to City standards and reviewed by all City departments prior to
recording.
Some infrastructure has been installed in Maple Glen II, but there have been no building permits
issued or requested. All future phases of Maple Glen II that may fall within the 15 acre tract will
be required to follow normal city development and review procedures. The project is served
with Owasso sanitary sewer service, water by Washington County Rural # 3, and fire and EMS by
Owasso.
Annexation Commission:
The Owasso Annexation Committee heard the request at their scheduled meeting on January
26, 2011 and had no objections and recommend OA 11 -01 be forwarded to the Planning
Commission,
Recommendation:
Staff recommends approval of OA 11 -01 to annex the property into the corporate limits of the
City of Owasso.
Attachments:
1, Location Map
2. Site Map
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
MAPLE GLEN II
ANNEXATION
LOCATION MAP
EXHIBIT 'A'
Legal Description
Section 8, T -21 -N, R -14 -E, I.B.& M.
Tulsa County, Oklahoma
R 14 E
Location Map
Legal Description
A tract of land located in the West Half (W /2) of the Northeast Quarter (NE /4) of the Southwest
Quarter (SW /4) of Section Eight (8) of Township Twenty —one (21) North and Range Fourteen (14)
East of the Indian Base and Meridian (l.B.&M), according to the U.S. Government Survey, thereof,
Tulsa County, State of Oklahoma, being more particularly described as follows:
Commencing at the NW corner of the SW /4 of Sec. 8, T -21 —N, R -14 —E, I.B.&M.; Thence S
1'24'50" E along the west line of said SW /4 a distance of 1320.54 feet to the SW corner of the
NW /4 of said SW /4; Thence N 88°44'20" E a distance of 1323.48 feet to the SW corner of the
NE /4 of said SW /4 being the Point of Beginning; Thence N 1°21'11" W along the west line of said
NE /4 SW /4 a distance of 990.15 feet; Thence N 88°44'59" E a distance of 662.27 feet to a point
on the east line of the W/2 of said NE /4 SW /4; Thence S 1°19'22" E a distance of 990.03 feet
to the SE corner of said W/2 NE /4 SW /4; Thence S 88°44'20" W a distance of 661.74 feet to the
Point of Beginning, and containing 15.05 acres, more or less.
POINT OF COMMENCEMENT
NW CORNER OF SW /4
SEC. 6, T -21 -N, 0-14-E
A tract of land located in the West Half (W /2) of the Northeast Quarter (NE /4) of the Southwest
Quarter (SW /4) of Section Eight (8) of Township Twenty —one (21) North and Range Fourteen (14)
East of the Indian Base and Meridian (l.B.&M), according to the U.S. Government Survey, thereof,
Tulsa County, State of Oklahoma, being more particularly described as follows:
Commencing at the NW corner of the SW /4 of Sec. 8, T -21 —N, R -14 —E, I.B.&M.; Thence S
1°24'50" E along the west line of said SW /4 a distance of 1320.54 feet to the SW corner of the
NW /4 of said SW /4; Thence N 88°44'20" E a distance of 1323.48 feet to the SW corner of the
NE /4 of said SW /4 being the Point of Beginning; Thence N 1'21'11" W along the west line of said
NE /4 SW /4 a distance of 990.15 feet; Thence N 88°44'59" E a distance of 662.27 feet to a point
on the east line of the W/2 of said NE /4 SW /4; Thence S 1°19'22" E a distance of 990.03 feet
to the SE corner of said W/2 NE /4 SW /4; Thence S 88°44'20" W a distance of 661.74 feet to the
Point of Beginning, and containing 15.05 acres, more or less.
FINAL PLAT
MAPLE GLEN II
TO: The Owasso Planning Commission
FROM: Karl Fritschen, Community Development Director
SUBJECT: OPUD 10 -01 (formerly PUD 04 -01), The Reserve at Elm Creek located at 66th Street
North and 129th E. Ave.
DATE: February 7, 2011
BACKGROUND:
On January10, 2011 the Owasso Planning Commission tabled OPUD 10 -01 (formally OPUD 04 -01).
Considering the amount of time that has elapsed since OPUD 04 -01 was originally approved and
because the PUD ordinance has changed since 2004, the Planning Commission requested that
information be provided highlighting any deficiencies that may exist between the original
approved PUD to those as if it were designed under the current PUD ordinance. These items
include such elements as open space amenities, density calculations, a better delineation of
where the duplex lots are located, and more specific information about the development in
general. After the January 10 meeting, Staff spoke with the applicant on several occasions as
well as the City's Legal Counsel. Based on these discussions it was determined that many of the
items the Planning Commission had concerns about during the last meeting are addressed in
the base requirements of the PUD ordinance, subdivision regulations, and other areas of the
zoning code.
The project consists of a total of approximately 19.75 acres, approximatelyl2.46 acres would be
used for single - family detached residential development and the balance of the property for
duplex residential development. As mentioned at January 10 meeting, the applicant has
submitted engineering drawings and a preliminary plat for review. The property is located at the
northwest corner of the intersection of 66th Street North and 129th East Avenue. The applicant
seeks and extension of the former OPUD 04 -01.
SURROUNDING LAND USE:
North: Floodplain, AG Zoning - Tulsa County
South: Large Lot Single Family Homes and church, AG -R Zoning - Tulsa County
East: Undeveloped, AG Zoning - Tulsa County
West: Undeveloped, AG Zoning - Tulsa County
PROPERTY CHARACTERISTICS:
The subject property is currently vacant and is used for agricultural purposes. Properties to the
north and to the east of the site are used for both residential and agricultural purposes. A
church and residential tracts lie south of the subject property. Land to the west is agricultural in
nature.
The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts
to the south are zoned AG -R Agricultural /Residential by Tulsa County.
DEVELOPMENT PROCESS:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city.
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two, Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
Step 3, Platting
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee (FAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans Include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks,
parking, access, landscaping, and building footprint are presented in the site plan. Once a site
plan is approved, the development is clear to apply for a building permit and to submit
construction plans for the building's foundation, plumbing, electrical system, and HVAC.
CONCEPT OF A PUD:
The concept of a Planned Unit Development is to provide a creative alternative to conventional
development where a particular tract is under common ownership or control and where a
detailed development plan, outlining the development of the tract as a unit is proposed and
submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance
in accordance with a complete and coordinated plan of development for a larger parcel,
rather than piecemeal individual changes using the variance process.
COMPARISON OF DIFFERENCES BETWEEN THE 2004 ZONIGN CODE AND THE CURRENT CODE:
At the January 10 meeting the Commission asked staff to compare the project against the
current PUD ordinance. The table below provides this comparison.
Element
2004 PUD Code
Current PUD Code
Project II, The Reserve at
Elm Creek
Minimum Acreage
None Specified
3 Acres
+/- 19.75 Acres
Submitted plat indicates
Required, but unspecific
2 areas of open space
Open Space
Unspecified
as to how much to
totaling approx. 1.6
provide.
acres, which include the
detention area.
Min. Lot size of 5,000 SF
Land Area: I DU Per
and min, lot width lot
Dimensional Standards
8,400 SF for single
For single family areas
50'for single family lots,
and or Density
family and 1 DU for
density not to exceed 4
Duplex lot area to meet
Restrictions
4.200 SF for duplex.
DU /Acre; for duplex
the standards of the RD
Min. lot size is 800 SF
areas 8 DU /Acre
District in the Zoning
Min. Lot width 20'
Code. Plat shows 4.09
DU /Ac for SF lot area
Amenities Required
(e.g. trails, 70% masonry
Required if single family
on structures, tennis
None
density exceeds 5
None Specified
court, pool, etc. )
DU /Acre
As specified by the
Planning Commission or
Perimeter
As specified by the
if unspecified then in
Requirements
Planning
accordance with
Unspecified
Commission
Chapter 16, Section 1610
of the Zoning Code
Per the subdivision
regulations screening
along arterials is
Mentioned in the
Screening and
As prescribed by the
required. Additionally,
paragraph regarding
Landscaping
Planning
entry landscaping
the HOA responsibilities
Commission
required for the
but unspecified as to the-
entrances per Chapter
location or type.
20, 2035 Landscaping
Re uirements
ANALYSIS:
OPUD 10 -01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75
acres. The development concept behind the Project Two PUD is residential as the applicant
intends to develop single family and duplex residential homes on the subject property. The
applicant's preliminary plat that was submitted in conjunction with this PUD indicates 51 lots on
12.46 acres, giving a density of 4.09 lots per acre. The PUD ordinance is silent as to how to treat
an application if the single family lot density is between 4 and 5 dwelling units per acre.
Therefore, staff made a judgment call and concluded that 4.09 should be rounded to 4 dwelling
per acre, which relieves the applicant of the amenity requirements.
The subject PUD application is part of a continuance of direction in the overall development
scheme for the area. Staff concurs that a residential development of this type is consistent with
the development trends in this corridor and this pattern of growth is compatible with the Owasso
2025 Land Use Master Plan.
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. o �0<
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.
COMPREHENSIVE PLAN CONSISTENCY:
The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as
having a future land use of residential. As previously stated it is the desire of the applicant to
develop the area for residential use.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
The area in the vicinity of the intersection at 661h Street North and North 129th East Avenue has
been identified as a non - commercial area. Again, this PUD proposes a residential component
that is part of a development concept for the area that calls for non - commercial development
Similar residential developments in the vicinity of the subject site include the duplex and single
family development at the Baptist retirement center to the north and the Crown Colony
subdivision to the northeast. The proposed PUD fits in with the development trends in the area
and is consistent with the Owasso Land Use Plan. Moreover, given development activity and
public Infrastructure improvements in this area, the application is even more valid today than In
2004.
FUTURE PLANNING ISSUES:
Future planning issues must still be considered if the PUD is approved. If approved, the applicant
will be required to adhere to all City of Owasso subdivision regulations and engineering
requirements. As mentioned, the applicant has engineering plans currently under review and
has submitted a preliminary plat reflecting those plans Should the applicant decide to amend
the PUD, then sections 840.1 and 840.2 of the zonina code shall apply,
As discussed, the PUD ordinance stipulates that a PUD cannot exceed 4 DU per Acre for single
family areas and 8 DU /acre for duplex areas, regardless of the number of dwelling units outlined
in the applicants technical data sheet, If the applicant furnishes a plat that exceeds the above
densities, the amenity elements outlined Section 820 (7) of the zoning ordinance along with the
70% masonry requirement for the units will be required or the applicant will be reauired to lose
lots.
A property owners' association is proposed and at the platting stage of the development,
detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted.
Also at the platting stage, the applicant will be required to dedicate adequate right -of -way
along the west side of North 129th East Avenue and along the north side of 66th Street North.
Sidewalks will be required along all public right -of -ways associated with the subject property.
Perimeter sidewalks must be installed at the time of overall development while the internal walks
may be constructed as individual lots are developed.
On -site detention is reauired and will be further defined at the platting and construction drawing
stage.
Any future development on the property will be served sewer from the City of Owasso and
water from Rogers County Rural Water District 2.
The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to
property owners within a 300' radius of the subject property. At the January 10 meeting, there
were approximately 5 individuals who spoke in opposition to the request. Their concerns
primarily were centered on the development of duplex lots and issues associated with rock
blasting in order to install sewer infrastructure.
In conclusion it Is reiterated that the applicant /developer will have to perform the following
items outside of the PUD.
1. Applicant shall submit entry landscape plan with future construction drawings. Chapter
20, 2035 Single - Family Landscaping Requirements, of the Owasso Zoning code requires all
subdivision entrances be landscaped.
2. Per Chapter 16, Fencing Requirements, of the Owasso Zoning Code: All residential uses
including, but not limited to, single- family attached and detached, duplexes multi-
family, mobile homes etc., that back up to any arterial road, shall be screened with a
solid opaque fence to provide screening of the rear yards of the residential property.
Therefore, any lots abutting 66th St. North or 129th E. Ave, shall provide a screening fences
in accordance with Chapter 16, Section 1610 of the Zoning Code
3. Applicant will have to comply with all of the subdivision regulations, which include
obtaining preliminary plat and final plat approval.
RECOMMENDATION:
Staff recommends approval of PUD O1 -10 under the current PUD ordinance of the Owasso
Zoning Code and all requirements related to and therein.
ATTACHMENTS:
A. General Area Map
B. OPUD 10 -01 Development Outline Plan
C. Legal Notice
D. Staff report dated May 12, 2004
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
RESERVE @ ELM CREEK
LOCATION MAP
Submission for:
PLANNED UNIT DEVELOPMENT
PROJECT TWO
a proposed
Addition to the City of Owasso, Tulsa County
State of Oklahoma
Section Thirty -Two (32), Township Twenty -One (21) North, Range Fourteen (14) East
Submitted to:
CITY OF OWASSO, OKLAHOMA
Prepared by:
Noble Sokolosky
Sokolosky Law Firm
P. 0. Box 1013
Owasso, Oklahoma 74055
272 -0270
(fax) 272 -0199
M_r_6 04 2002t
Febgu;A?,y 4, wt t
TABLE OF CONTENTS
Development Concept ............... ..............................3
Statistical Summary ................ ............................... 4
Development Standards ............ ............................... 5
Homeowners' Association ........... ............................... 6
Platting Requirements .............. ............................... 7
Site Plan Review ................... ............................... 7
Expected Schedule of Development ... ............................... 7
Maps:
Site Analysis
Underlying Zoning
2
DEVELOPMENT CONCEPT
Project Two is a proposed planned unit development (PUD) comprised of approximately
Twenty (20) acres in Southeast Owasso, Oklahoma. The property is located at 6600 North
129 " East Avenue. The site is characterized by flat and gently rolling terrain. The existing
soils on the site create no unusual development problems that are not commonly
encountered in most other area developments. Overall, this site has excellent
development possibilities.
The development is a single family and duplex mixed -use residential development that will
feature a small, secure neighborhood feeling bordered by a large undeveloped tract. Many
prospective residents in today's marketplace desire smaller, well- maintained yards along
with nice homes on smaller lots. This development concept will allow that type of home
to be developed in a manner that is consistent and well- designed.
STATISTICAL SUMMARY
Project Area + 19.75 gross acres
➢ Residential + 19.75 gross acres
Maximum Dwelling Units Requested: 140 DU's
DEVELOPMENT AREAS
RESIDENTIAL:
Single- Family Detached
➢ Total Area: + 12 gross acres
➢ Requested Number of Dwelling Units: 60
Duplex Family
➢ Total Area: + 7.75 gross acres
➢ Requested Number of Dwelling Units: 80
In
DEVELOPMENT STANDARDS
Single- Family Detached Homesites:
Single- family detached structures intended for individual lot ownership.
➢ Permitted Uses
➢ Minimum Lot Size
➢ Maximum Building Height
➢ Minimum Front Yard if Abutting
Public Street
➢ Corner Lot Minimum Side Yard
Abutting Public /Private Street
➢ Minimum Lot Frontage*
➢ Minimum Lot Depth
➢ Minimum Rear Yard
➢ Minimum Side Yard
As permitted within RS -3 District,
By right or special exception
5,000 sq. ft.
2 stories
20 ft
15 ft.
50 ft.
100 ft.
15 ft.
5 /5 ft. or0 /10 ft.
* Cul -de -sac and pie shaped lots may have less than minimum frontage measured at
building lines.
Duplex Family Homesites:
Minimum development standards as provided for in the Owasso Zoning Code.
Other Requirements:
It is intended that a preliminary and final plat will be submitted for the residential
development areas that are consistent with the concepts and development standards set
forth above. Additional requirements or modifications may be established by the city of
Owasso Planning Commission and the Owasso City Council pursuant to their review.
61
HOMEOWNERS' ASSOCIATION
The Homeowners' Association to be established will be responsible for the maintenance
of the detention area, landscaped entrances, and all otherlandscaped buffers and islands,
if any. These areas are to be created by the developer and turned over to the Association
for maintenance. In the event the Association fails to maintain these areas in a proper and
safe manner, the City of Owasso will have the right to maintain these areas and assess
each lot. Should payment by any member not occur, the City of Owasso and the
Association will have the right to lien the delinquent member's real property within the
platted area.
Final documents on the Association will be filed in the future which will address rights and
requirements for association members.
iJ
PLATTING REQUIREMENT
No building permit shall be issued until the property has been included within a subdivision
plat submitted to and approved bythe Owasso Planning Commission and the Owasso City
Council and dulyfiled of record, provided, however, that development areas may be platted
separately. Restrictive covenants shall be established which are not consistent with the
terms hereof and where appropriate, the City of Owasso shall be made a beneficiary
thereof.
SITE PLAN REVIEW
No building permit shall be issued for the construction of buildings within a development
area until a site plan of the development area has been submitted to and approved by the
city of Owasso Planning Commission as being in compliance with the PUD Development
Concept and the Development Standards. Separate building plans may be submitted for
individual home construction after the subdivision has been given final approval bythe City
of Owasso.
EXPECTED SCHEDULE OF DEVELOPMENT
Development of the Addition is anticipated to commence upon approval and of zoning and
platting.
LOCATION MAP
Conceptual Development Plan
19.7, acre tract
Rear ly Z..,a AG
LEGAL DESCRIPTION
A tract of land located in the East Half of the
Southeast Quarter of Section 32, Township 21 North,
Range 14 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:
The East Half of the Southeast Quarter of the
Southeast Quarter, AND the South Half of the
Southeast Quarter of the Northeast Quarter of the
Southeast Quarter of Section 32,
LESS AND EXCEPT
Beginning at the Northeast Corner of the S/2 SE /4
NE /4 SE /4 of Section 32; thence S00 °10'35 "W along
the Easter line of the SE /4 of Section 32 a distance
of 318.67 feet; thence N87 °45'31 "W a distance of
566.88 feet; thence N0o "10'35 "E and parallel with the
East line of the S/2 SE /4 NE /4 SE /4 of Section 32
a distance of 296.46 feet to the Northerly line of
the S/2 SE /4 NE /4 SE /4 of Section 32; thence
N89 °59'49 "E along the Northerly line of the S/2
SE /4 NE /4 SE /4 of Section 32 a distance of 566.52
feet to the Point of Beginning;
ALSO LESS AND EXCEPT
Commencing at the Southeast Corner of Section 32;
thence N00 °10'35"E along the East line of the SE /4
of Section 32 a distance of 827.00 feet to the Point
of Beginning; thence N89 °49'25 "W and perpendicular
to the East line of said SE /4 a distance of 326.40
feet; thence N00 "10'35 "E and parallel with the East
line of said SE /4 a distance of 165.40 feet; thence
S89 °49'25 "E and perpendicular to the East line of
said SE /4 a distance of 326.40 feet to the East line
of said SE /4; thence S00 °10'35 "W along the East line
of said SE /4 a distance of 165.40 feet to the Point
of Beginning;
N89 °59'49 "E
SCALE
1" =250'
Basis of Bearings:
East line
Section 32
S00 °10'35 "W
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PRELIMINARY PLAT FOR
THE RESERVE ON ELM CREEK
EAST 88th STREET NORTH
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: DUANE CUTHBI
CITY PLANNER
SUBJECT: OPUD 04 -01, A REQUEST FOR APPROVAL OF A PLANNED UNIT
DEVELOPMENT
DATE: MAY 12, 2004
BACKGROUND:
The City of Owasso has received a request for the review and rezoning of 19.75 acres. The
applicant proposes to rezone the property as a Planned Unit Development (PUD). The proposed
OPUD 04 -01 will follow the standards found under the RS -3 Residential Single - Family and RD
Residential Duplex zoning designations so as to guide the development of single- family homes
and duplexes. Twelve acres would be used for single- family detached residential development
and 7.75 acres would be used for duplex residential development. The property is located at the
northwest comer of the intersection of 66th Street North and 129th East Avenue.
The subject property is currently vacant and is used for agricultural purposes. Properties to the
north and to the east of the site are used for both residential and agricultural purposes. A church
and residential tracts lie south of the subject property. Land the west is agricultural in nature.
The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts
to the south are zoned AG -R Agricultural/Residential by Tulsa County.
CONCEPT OF A PUD:
The concept of a Planned Unit Development is to provide a creative alternative to conventional
development where a particular tract is under common ownership or control and where a detailed
development plan, outlining the development of the tract as a unit is proposed and submitted for
public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance
with a complete and coordinated plan of development for a larger parcel, rather than piecemeal
individual changes using the variance process. The supplemental zoning district PUD must be
approved by the City Council as a prerequisite to the Planned Unit Development.
LEGAL PLANNING CONSIDERATIONS OF PUDS ALLOWED BY CODE:
USES PERMITTED — The Owasso Zoning Code allows for all types of residential uses and 29
types of commercial uses within a residential planned unit development. The applicant requests
two uses — single - family residential and duplex residential.
BULK AND AREA REQUIREMENTS — As stated earlier, the applicant requests an RS -3
residential single - family designation for 12 acres, and an RD residential duplex designation for
7.75 acres.
The Owasso Zoning Code allows one dwelling unit per 8,400 square feet in an RS -3 PUD. This
requirement would allow up to 62 lots on the 12 acres. The applicant requests 60 lots.
The Owasso Zoning Code allows one dwelling unit per 4,200 square feet in an RD PUD. This
requirement would allow up to 80 dwelling units on 40 lots in the 7.75 acres. The applicant
requests 80 dwelling units on 40 lots.
Within an RS -3 or RD PUD, the minimum allowable lot size requirement is 800 square feet, and
the minimum allowable lot width is 20 feet. The applicant requests a minimum lot size of 5,000
square feet and a minimum lot width of 50 feet.
BUILDING HEIGHT AND YARDS — There is no set maximum building height or minimum
yard size set by the Owasso Zoning Code. The applicant requests a maximum building height of
two stories and a minimum yard size of 15 feet (by 50 feet).
SCREENING AND LANDSCAPING REQUIREMENTS — The Planning Commission shall
prescribe perimeter requirements for screening and landscaping as are necessary to assure
compatibility with adjoining and proximate properties.
ANALYSIS•
OPUD 04 -01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75
acres. The development concept behind the Project Two PUD is residential. The
applicant/owners of the property intend to develop single family residential homes and duplex
homes on the subject site.
The subject PUD application is part of a continuance of direction in the overall development
scheme for the area. As the market has evolved the property owners feel it is appropriate and
marketable to develop the area for residential purposes, as prescribed by the Master Land Use
Plans of both Tulsa County and the City of Owasso. The staff concurs that a residential
development would be consistent with the development pattern taking hold in Owasso and this
pattern of growth is compatible with the Owasso 2010 Land Use Master Plan.
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.
COMPREHENSIVE PLAN CONSISTENCY:
The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as
having a future land use of residential. As previously stated it is the desire of the
applicants /owners to develop the area for residential use.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
The area in the vicinity of the intersection at 66a' Street North and North 129x' East Avenue has
been identified as a non - commercial area. Again, this PUD proposes a residential component
that is part of a development concept for the area that calls for non - commercial development.
Similar residential developments in the vicinity of the subject site include the duplex and single
family development at the Baptist retirement center to the north and the Crown Colony
subdivision to the northeast.
FUTURE PLANNING ISSUES:
Future planning issues must still be considered if the PUD is approved. If approved, the
applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be
approved by the City of Owasso.
A property owners' association is proposed and at the platting stage of the development, detailed
covenants and restrictions incorporating all conditions of the PUD shall be submitted.
Also at the platting stage, the applicant will be required to dedicate adequate right -of -way along
the west side of North 129a East Avenue and along the north side of 66a` Street North.
Sidewalks will be required along all public right -of -ways associated with the subject property.,
Perimeter sidewalks must be installed at the time of overall development, while the internal
walks may be constructed as individual lots are developed.
The applicant has identified the terrain of the area as relatively flat and gently rolling terrain.
The existing soils on the site would appear to create no unusual development problems that are
not typically encountered in development in and around the City of Owasso. On -site detention is
required and will be further defined at the platting stage.
Any future development on the property will be served sewer by the City of Owasso and water
by the City of Owasso.
The staff published legal notice of the PUD request in the April 15, 2004 edition of the Owasso
Reporter and mailed notices to property owners within a 300' radius of the subject property. To
date, the staff has no opposition from one person concerning the request.
OWASSO PLANNING COMMISSION
At the May 10, 2004 regular meeting, the Owasso Planning Commission unanimously voted to
recommend approval of OPUD 04 -01 with no conditions.
RECOMMENDATION:
The staff recommends approval of OPUD 04 -01.
ATTACHMENTS:
1. General Area Map
2. OPUD 04 -01 Development Outline Plan
3. Legal Notice
4. OPUD 04 -01 Application
TO: The Owasso Planning Commission
FROM: Karl Fritschen, Community Development Director
SUBJECT: Preliminary Plat— Reserve at Elm Creek
DATE: February 7, 2011
BACKGROUND:
On November 8, 2004 the Planning Commission reviewed and approved the preliminary plat for
OPUD 01 -04 (Project 2, The Reserve at Elm Creek). The Reserve at Elm Creek preliminary plat was
approved contingent upon the successful execution of the Technical Advisory Committee
conditions. Subsequent to the approval of the Preliminary Plat, the applicant had one (1) year
to obtain final plat approval. Since no final plat was submitted, the preliminary plat approved in
2004 expired.
The applicant has recently submitted engineering drawings and a preliminary plat for review.
The submitted preliminary plat indicates that the applicant proposes developing 51 single family
lots on approximately 12.46 acres (4.09 DU /acre) of the 19.75 acre tract. The applicant is not
developing the balance of the property outlined for duplexes under OPUD 01 -04 at this time
according to the submitted preliminary plat. However, the overall development concept for
The Reserve at Elm Creek remains the same as the preliminary plat approved by the Commission
in 2004, with a mixture of duplex and single family lots on a total of approximately 19,75 acres.
SURROUNDING ZONING:
North: Floodplain, AG Zoning - Tulsa County
South: Large Lot Single Family Homes, AG -R Zoning - Tulsa County
East: Undeveloped, AG Zoning - Tulsa County
West: Undeveloped, AG Zoning - Tulsa County
DEVELOPMENT PROCESS:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city.
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two, Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or Industrial, Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
Step 3, Platting
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks,
parking, access, landscaping, and building footprint are presented in the site plan. Once a site
plan is approved, the development is clear to apply for a building permit and to submit
construction plans for the building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The preliminary plat proposes 51 lots on approximately 12 acres with two points of access, one
from 129th East Avenue and the other from 66th Street North. The subject property is located at
the Northwest corner of East 66th St. North and North 129th East Ave. The preliminary plat was
approved at the Owasso Planning Commission on October 11, 2004 and is being heard again
because the time period between the time of approval and the time to submit a final plat
expired. The subdivision regulations state that any preliminary plat not receiving final plat
approval within (1) year shall be null and void.
The Technical Advisory Committee reviewed the preliminary plat for the Reserve at Elm Creek on
September 29 2004. Engineering drawings for the development were recently submitted and
are currently under review in the City Engineer's office. The applicant is required to address all
TAC comments as well as those from the Engineering department. The preliminary plat being
presented in this report reflects the current engineering drawings and represents the most
current version of the project. The scope of the proposed preliminary plat project and design
has not changed significantly from what approved in 2004.
Any development that occurs on the subject property must adhere to all subdivision, zoning,
and engineering requirements including but not limited to paved streets, landscaping, and
sidewalks. Sanitary sewer service, police, fire, and EMS service will be provided by the City of
Owasso. Water service will be provided by Rogers County Rural Water District #2. The property
will be subject to all payback fees, including Storm Siren fees of $35 per acre. The applicant will
have one (1) year to submit a final plat for the project,
Technical Advisory Committee (TAC):
As mentioned the TAC reviewed the preliminary plat for The Reserve at Elm Creek on September
29, 2004. Comments from that meeting are attached in the memo dated November 8, 2004. It
should be noted that the storm siren fee was $16.00 per acre in 2004, but has since been raised
to $35.00 per acre.
RECOMMENDATION:
Staff recommends the Planning Commission approve the preliminary plat for The Reserve at Elm
Creek subject to addressing all TAC and Engineering Department comments.
ATTACHMENTS:
A. General Area Map
B. Submitted Preliminary Plat
C. Staff report dated November 8, 2004
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
RESERVE @ ELM CREEK
LOCATION MAP
THE RESERVE ON ELM CREEK
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
PRELIMINARY PLAT
(THE RESERVE ON ELM CREEK)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from the Dominion Corporation for the review and
approval of The Reserve on Elm Creek Preliminary Plat. The Preliminary Plat proposes 74 lots
(47 single family home lots and 27 duplex lots) in two blocks on 20 acres of property. The
applicant wishes to plat the property so that they may eventually develop a residential subdivision
comprised of single family homes and duplexes.
The application was tabled at the October Planning Commission meeting to allow the applicant
time to revise the Preliminary Plat based on Technical Advisory Committee comments.
HEARING DATE
Planning Commission, November 8, 2004
LOCATION
The subject property is located at the northwest corner of E. 6e St. N. and N. 129h E. Ave.
EXISTING LAND USE
Undeveloped
SURROUNDING LAND USE
The properties to the north, east, and west are utilized in a rural residential manner. A church
surrounded by large lot residential is located to the south of the subject property.
PRESENT ZONING
RS -3 (Residential Single Family District) and RD (Residential Duplex District) under the
provisions of OPUD 04 -01.
SURROUNDING ZONING
Properties to the north, east, and west are zoned AG (Agricultural District) in Tulsa County. The
property to the south is zoned AG -R (Agricultural- Residential District) in Tulsa County.
ZONING HISTORY
In May, 2004 the property was rezoned to OPUD 04 -01. The Planned Unit Development calls for
residential development in the form of single family homes and duplex homes. A copy of the
approved Planned Unit Development is attached for your review.
The first step in the development of a piece of property in Owasso is annexation. Annexation is
the method whereby land located outside the city limits is made a part of the city. Property owners
and land developers sometimes choose to have their property annexed into Owasso in order to
receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer.
The second step in the development of a piece of property in Owasso is rezoning. When a property
is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to
develop the property, the land must be zoned for particular kinds of uses, such as residential,
office, commercial, or industrial. Rezoning decisions are made in accordance with the growth
policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD.
When a development proposes to exhibit a mixture of uses with specific regulations and standards
unique to a particular tract of land, a PUD is often the preferred land use control mechanism.
The third step in the development of a piece of property in Owasso is platting. A preliminary plat
is required for any development that proposes to divide land into two or more lots. Preliminary
plats illustrate the development concept for the property, and are often modified significantly after
being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning
Commission. Sometimes, difficult development issues such as existing utility lines, wells, or
easements are brought to light at the preliminary plat stage and must be remedied prior to
development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are typically submitted. These plans
include specifications and drawings for stormwater drainage, streets and grading and erosion
control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of
other agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
Another form of property division that can be considered in some cases is a lot split. Lot splits are
minor subdivisions of property into three or fewer tracts, and do not provide for any new public
streets. Typically, this is an appropriate option for a land owner who wishes to take large
undeveloped parcels of land and divide it into two or three smaller tracts.
The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are
reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking,
access, landscaping, and building footprint are presented in the site plan. Once a site plan is
approved, the development is clear to apply for a building permit and to submit construction plans
for the building's foundation, plumbing, electrical system, and HVAC.
PRELEM11NARY PLAT REVIEW PROCESS
Upon receipt of all appropriate materials, the staff initiates the review process that begins with a
thorough analysis of the proposal. The primary consideration is the proposed plat's compliance
with the Owasso Zoning Code and Owasso Subdivision Regulations.
The Preliminary Plat is then presented to the Owasso Technical Advisory Committee, at which
time utility providers and staff are able to review and provide input on the proposals details. The
Technical Advisory Committee along with city staff make a recommendation to the Owasso
Planning Commission.
The Planning Commission, at a public hearing, shall approve, approve with modifications,
continue to a date certain or disapprove the preliminary plat.
ANALYSIS
The applicant is requesting the review and approval of The Reserve on Elm Creek preliminary plat
so that they may plat and eventually develop the property with single family houses and duplexes.
The property is zoned OPUD 04-01 with an underlying zoning designation of RS -3 (Residential
Single Family District) and RD (Residential Duplex District). The PUD designation outlines the
development standards for the property in a residential manner consistent with the layout of the
preliminary plat, unless specifically addressed in the Technical Advisory Committee comments.
Again, the approved text of the PUD providing supplemental development standards for this
proposed development is included in the packet.
According to the preliminary plat, the developer proposes to divide the property into 74 lots on two
(2) blocks. All of block 1 and lots 1 — 17 in block 2 are designated as single family home lots
while lots 18 — 44 are designated for duplex development. According to OPUD 04 -01, the
maximum number of dwelling units allowed on the subject property is 140 while the preliminary
plat proposes 74 lots, 47 single family lots and 27 duplex lots; a potential for a maximum of 101
dwelling units. The approved PUD text allows for a minimum lot width of 50' and a minimum lot
depth of 100'. The minimum allowable lot size according to the PUD text is 5000ft2.
Access into the development will be gained from N. 12991 E. Ave and E. 669' St. N. Proposed
right -of -way's (R- O -W's) within the development are 50' wide as are the provisions for R -O -W's
of adjacent arterials. Two streets within the proposed development will terminate at the property's
edge in the form of a cul -de -sac and will not connect to the adjacent arterials. The applicant is also
proposing 20' alley easements at the rear of the duplex lots. Any roadway within the alley
easements will be private and therefore maintained by the developer or subsequent homeowner's
association. All public roadways proposed within the development must be constructed by the
developer to City standards including sidewalks.
To address utility concerns, the proposed plat illustrates utility easements along the perimeter of
the entire development site and throughout.
Preliminary detention plans are to detain additional run -off in the `Detention Area' as shown in the
northwest section of the plat. Plans for the drainage and detention of the water from the site must
be submitted and approved by the City of Owasso before a building permit may be issued.
Any development that occurs on the subject property must adhere to all subdivision, zoning and
engineering requirements including but not limited to paved streets and sidewalks. Residential
water and sewer service will be provided by the City of Owasso. The property will be subject to
all payback fees including Storm Siren fees of $16 per acre and the Elm Creek Sanitary Sewer
Payback fee of $1580.00 per acre. The fees should be payable before the plat is filed.
TECHNICAL ADVISORY COMMITTEE
The Reserve on Elm Creek Preliminary Plat was originally reviewed by the Owasso Technical
Advisory Committee at their regular meeting on September 29, 2004. Due to a minor change in
the layout the preliminary plat was presented to the Technical Advisory Committee on October 27,
2004 as well. At those meetings, utility providers and city staff were afforded the opportunity to
comment on the application and request any changes or modifications. The following comments
were provided:
1. Community Development - Switch the names of Block 3 and 4;
2. Community Development - Label addresses on the lots as provided by the City Planner;
3. Community Development - Pay the Storm Siren fee of $16 per acre upon approval of the
Final Plat;
4. Community Development - Pay the Elm Creek Sanitary Sewer fee of $1580 per acre upon
approval of the Final Plat;
5. Community Development - Ensure that sidewalks are established along all public roadways
within and along the perimeter of the development;
6. Community Development - Change the 20' front yard building line on the duplex lots (as
shown Block 2, Lots 18 — 44) to 25' or apply to amend the PUD or request a variance to
enable the desired standard;
7. Fire Marshal - Coordinate Fire Hydrant locations with the Fire Marshal;
8. AEP /Cox - Insert additional utility easements as requested by the utility companies;
RECOMMENDATION
Staff is recommending approval of The Reserve on Elm Creek Preliminary Plat contingent upon
the successful execution of the Technical Advisory Committee conditions.
ATTACHEMENTS
1. General Area Map
2. Preliminary Plat Application
3. The Reserve on Elm Creek Preliminary Plat
4. The Reserve on Elm Creek Deed of Dedication
5. OPUD 04 -01 text
Residential
Duplex
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376 * 1500
918.376.1597
www.cityofowasso.com
Property
E. 66th
Preliminary Plat
The Reserve on Elm Creek
NW corner of E. 66th St. N. and N. 129th E. Ave.
TO: The Owasso Planning Commission
FROM: Karl Fritschen, Community Development Director
SUBJECT: Conditional Final Plat —Life Church
DATE: February 4, 2010
BACKGROUND:
The City of Owasso received for review and approval a conditional final plat (final plat) for Life
Church located at 14008 E. 96th St. North. The final plan proposes one (1) lot on one (1) block
consisting of 11.54 acres of property. The applicant intends to develop the property with a
church. Per the Owasso subdivision regulations, proposed subdivisions containing only one lot
may proceed to a final plat. Whenever this situation occurs, it is often referred to as a
conditional final plat,
SURROUNDING ZONING:
North: Office Medium (OM)
South: Residential Single Family (RS -2)
East: Residential Single Family (RS -2)
West: Residential Single Family (RS -2)
PROPERTY CHARACTERISTICS:
The subject property is 11,54 acres in size. The property is served by the City of Owasso water
sanitary sewer, police, fire, and EMS service.
DEVELOPMENT PROCESS:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city,
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two, Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism.
Step 3, Plattina
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks,
parking, access, landscaping, and building footprint are presented in the site plan. Once a site
plan is approved, the development is clear to apply for a building permit and to submit
construction plans for the building's foundation, plumbing, electrical system, and HVAC.
ANALYSIS:
The applicant is requesting the review and approval of the final plat so they may develop the
property with a church. The property is zoned AG (Agriculture) and a special exception was for
a church was approved on December 16, 2008 by the Board of Adjustment. According to the
final plat, the applicant will create one (1) 11.54 acre lot with 600.27 feet of frontage. The main
access into the site will be from 96th Street North.
Any development that occurs on the subject property must adhere to all subdivision, zoning,
and engineering requirements including but not limited to paved streets, landscaping, and
sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The
property will be subject to all payback fees, including Storm Siren fees of $35 per acre.
The proposed plat indicates a 17.5' utility easement on the along the west, south and east
boundaries of the site, a 50' rural water utility easement and 50' right of way dedication along
96th Street North.
Technical Advisory Committee:
The Final Plat for Life Church was reviewed by the Owasso Technical Advisory Committee at their
regularly scheduled meeting held January 26, 2010. At that meeting, utility providers and city
staff were afforded the opportunity to comment on the application and request any changes or
modifications. The following comments were made.
• Public Works - Show drainage easement for the pond, correct bearing descriptions so
that they flow as a circular reference.
• AT &T - None
• PSO - Clarify who will be servicing the site and showing the extension of the line
• ONG - Add gas service to paragraph B.2 on the restrictive covenants and deed of
dedications page
RECOMMENDATION:
Staff recommends the Planning Commission approve the final plat for Life Church subject to
addressing the TAC comments.
ATTACHMENTS:
A. Final Plat Life Church
B. Case Map
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
LIFE CHURCH
LOCATION MAP
Life Church, Final Plat
Nottingham
Life Church, Final Plat
Engineer, Surveyor
Life Covenant Charch Ina
Wallace Engineering- StrvcNml Bennett Soneying, Inc
Tom
LIFE CHURCHwADDITION
Owasso Planning Commission
Date: February 7, 2010
To: Owasso Planning Commission
From: Karl Fritschen, Community Development Director
Description: Lot Split and Tie
Case #: OLS -11-01
Location: Lot 3 Block 1, The Greens at Owasso and the Owasso Golf and Athletic
Club
Parcel ID: 61098142870060
Area: +/- 27.34 acres
Existing Land Use: Apartments and Undeveloped
Present Zoning: Residential Multi Family (RM -1)
Surrounding Land Use /Zoning Designations:
North: Single Family Neighborhood zoned Residential Single Family (RS -3)
South: Golf Course zoned Office Medium (OM)
West: Apartments and church zoned Residential Multi- family (RM -1)
East: Elementary School and undeveloped land zoned Agriculture (AG)
Background:
The City of Owasso received a request for the review and approval of a split and lot tie on a
27.34 acre tract described as Lot 3 Block 1, The Greens at Owasso and the Owasso Golf and
Athletic Club. The proposed lot split and tie will result In the creation of three new tracts of land,
Tract 3A 5.21 acres, Tract 3B 11.69 acres, and Tract 3C joined with Lot 2B Block 1, which will total
18.45 acres in size. The applicant has indicated that the purpose of the request is for financing
reasons.
Development Process:
Step One, Annexation
Annexation is the method whereby land located outside the city limits is made a part of the city.
Property owners and land developers sometimes choose to have their property annexed into
Owasso in order to receive Owasso municipal services, such as police protection, refuse
collection, and sanitary sewer.
Step Two Rezoning
The second step in the development of a piece of property in Owasso is rezoning. When a
property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In
order to develop the property, the land must be zoned for particular kinds of uses, such as
residential, office, commercial, or industrial. Rezoning decisions are made in accordance with
the growth policy displayed in the Owasso Master Plan.
One type of rezoning that a developer may choose to seek is a Planned Unit Development, or
PUD. When a development proposes to exhibit a mixture of uses with specific regulations and
standards unique to a particular tract of land, a PUD is often the preferred land use control
mechanism,
Step 3, Platting
A preliminary plat is required for any development that proposes to divide land into two or more
lots. Preliminary plats illustrate the development concept for the property, and are often
modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the
Owasso Planning Commission. Sometimes, difficult development issues such as existing utility
lines, wells, or easements are brought to light at the preliminary plat stage and must be
remedied prior to development.
After the preliminary plat has been reviewed by the City and various utility companies,
construction plans for the development's infrastructure are submitted. These plans include
specifications and drawings for stormwater drainage, streets and grading and erosion control,
waterlines, stormwater detention, and wastewater lines. Often, approval is required of other
agencies, such as the Department of Environmental Quality for wastewater collection and the
US Army Corps of Engineers for properties that may be development sensitive.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and
other physical characteristics that must be provided for review by the City. After obtaining
approval from the TAC and Planning Commission, the final plat is considered by the City
Council. If approved, the final plat is filed with the office of the County Clerk and governs all
future development on that property.
Another form of property division that can be considered in some cases is a lot split or lot tie. Lot
splits or ties are minor subdivisions of property into three or fewer tracts, and do not provide for
any new public streets. Typically, this is an appropriate option for a land owner who wishes to
take large undeveloped parcels of land and divide it Into two or three smaller tracts.
Step 4, Site Plan Preparation
Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access,
landscaping, and building footprint are presented in the site plan. Once a site plan is approved,
the development is clear to apply for a building permit and to submit construction plans for the
building's foundation, plumbing, electrical system, and HVAC.
Lot Split/Tie Development Process:
The Lot Tie review process is initiated when a property owner submits an application to the City
of Owasso requesting the review and approval of a lot tie. The application shall be
accompanied by the correct fee, legal description of the undivided tracts and tracts to be
created, and survey, site plan or drawing that shows the existing and proposed conditions.
Upon receipt of a complete application City staff will begin reviewing the proposal for
compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering criteria.
The proposed Lot Tie Is then presented to the Owasso Technical Advisory Committee RAC) for
review and recommendation. At that meeting utility providers and City staff are afforded the
opportunity to comment on the technical aspects of the development proposal. The TAC then
forwards a recommendation to the Planning Commission.
Finally, the Owasso Planning Commission holds a public hearing to determine if the application is
compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The
Planning Commission has the final determination on the application, as lot ties are not
forwarded to City Council.
Analysis:
The property is zoned RM -1, which was the predecessor to the RM zoning district in the current
zoning code. The area Is surrounded by multi - family housing, church, elementary school, and
undeveloped land. According to the Owasso zoning code the minimum lot size in the RM district
is 6,000 SF and the minimum frontage of 60 feet.
In August 2001 Lot 2 Block 1 was split and created Lot 2A and 2B. The applicant requests that Lot
3 be split into 3 new tracts, Lot 3A, 3B and 3C which will be joined with Lot 2B from the lot split
that occurred in 2001 The proposal meets all bulk and area and lot frontage requirements for
the High Intensity Commercial zoning district. The table below illustrates the proposed lot split
and tie.
A lot split /tie is a minor subdivision of previously subdivided land. The Planning Commission may
approve a lot split /tie that creates no more than three (3) lots fronting on an existing, dedicated
street, which does not involve any new public street or road, or the extension of municipal
facilities, the creation of any public improvements, and is not in conflict with any provision or
portion of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless
approved by the Board of Adjustment) or these regulations.
Technical Advisory Committee:
The lot tie was reviewed by the Owasso Technical Advisory Committee on January 26, 2011. At
that meeting, utility providers and city staff were afforded the opportunity to comment on the
application and request any changes or modifications. There were no comments made at the
TAC meeting that necessitated any changes to the drawings.
Recommendation:
Staff recommends approval of OLS -11 -01
Attachments:
1. Location Map
2. Copy recorded lot split for Lot 2, Block 1
3. Exhibits for proposed lot split and lot tie for Lot 3, Block 1
Owasso Public Works
Department THE GREENS AT OWASSO
Engineering Div.
P.O. 180 LOT 3, BLOCK 1
Owasso, OK 74055
918.272.4959 LOCATION MAP
www.cityofowasso.com
PROPERIYDESCRIPTION
PROPERIYDESCRIPTION
THE GREENS AT OWASSO
THE OWAS50 GOLF AND
THE GREENSAT OWASSO
THE OWAS50 GOLF AND
PROPERTY DESCRIPTION
Crofton Tull
PART OF
LOT 3, BLOCK
THE GREENS AT OWASSO
THE OWAETI GOIFAND
ATHLETIC CLUB
TO: City of Owasso Planning Commission
FROM: Karl Fritschen
Community Development Director
SUBJECT: Change in the Special Exception Approval Procedure
DATE: February 7, 2011
BACKGROUND
At several City Council Work Sessions, staff discussed making a change in a way that the City
approves Special Exceptions outlined in the use chapters (i.e. Agriculture, Residential,
Commercial Districts. etc). Currently the Board of Adjustment takes action on all of the special
exceptions outlined in the Owasso Zoning Code. The proposed change will shift this responsibly
of approving the use related special exceptions to the Planning Commission, with ultimate
approval by the City Council, and to change the name of these uses to Specific Use Permits
(SUP). The purpose of this memo is to ask for the Planning Commission's approval to amend the
Owasso Zoning Code in order to change the Special Exception approval process for those uses
described in the Owasso Zoning Code within each zoning district.
REASON FOR THE PROPOSED CHANGE
The City of Owasso, Community Development Department currently allows certain uses
believed to have unique or widely varying operating characteristics or unusual site development
features to be permitted in base zoning districts as Special Exceptions as opposed to those
permitted "by- right ". These Special Exception uses are approved or denied by the Board of
Adjustment (BOA) rather than the Planning Commission. Once a decision is rendered by the
Board of Adjustment, no further action is taken by any public body on the Item and the
applicant may submit a site plan and subsequent building permit application.
Owasso is unique in the way Special Exceptions may be allowed in zoning districts where the
requested use (i.e. church) would not be allowed "by- right ". This is problematic for several
reasons. First, the Board of Adjustment is a quasi - judicial board that does not operate under the
authority of the City Council. Second, because the Board of Adjustment Is quasi - judicial, any
appeals, whether they are from the applicant or citizens, are disputed in District Court. This is why
Staff believes it is in the best interest of the City to require the uses currently designated as
"Special Exceptions" to be allowed as "Specific Use Permits" with final approval from the City
Council.
Looking at the BOA's function in relation to the aforementioned issues, Staff believes that many
Special Exceptions should go before the Planning Commission and then forwarded to the City
Council for final approval similar to the way other zoning applications are processed. Staff's
research of other communities' procedures, indicates that the BOA acts as a quasi - judicial body
and is appointed for the purpose of considering requests for relief from the requirements of the
zoning ordinance or staff interpretations of the zoning ordinance. There are typically three types
of applications the BOA considers: variances, appeals of administrative decisions, and non-
conforming situation permits and staff believes that the Board of Adjustment should focus on
these areas.
It is recognized that the community is growing and as such has become more complex in terms
of the proximity of uses in certain locations. An SUP allows a use that may be appropriate in
some locations in a given district with additional conditions such as, but not limited to, site
modifications, additional landscaping, driveway location, hours of operation, building
modifications, etc. Some common examples of an SUP are day care centers, private clubs,
churches, bed and breakfasts, and congregate care housing in residential districts, as well as
several other uses. An SUP also allows the Planning Commission or City Council to request
additional conditions as part of the proposed development to help mitigate any undesirable
effects. Specific Use Permits, sometimes called Special Use Permits or Conditional Use Permits,
are being used in most communities in our region as well as many other cities throughout the
nation to address uses that, without modifications, tend to more intensely dominate the area in
which they are located than do other permitted uses in the district. It is important that care is
taken to integrate specific land uses with other uses in certain areas in order to prevent adverse
impacts to the community at- large.
PROPOSED TEXT AMENDMENT TO THE ZONING CODE
The proposed Owasso Zoning Code text amendment will transfer the duty of reviewing and
approving most Special Exceptions from the Board of Adjustment to the Planning Commission.
Additionally, the wording Special Exception will change to Specific Use Permit in several sections
of the zoning code. Finally, the proposed text amendments will establish a process in Chapter 13
of the Owasso Zoning Code for the review of Specific Use Permits.
The Board of Adjustment shall continue to take action on special exceptions for special situations
as outlined in Chapter 2, Section 240, Yards. These include carports, fences that exceed height
requirements, detached accessory building exceeding 750 SF, and for now temporary uses such
as Christmas tree sales, revival tents, etc. In the next few months, staff intends to explore the
option of changing the temporary use procedure from a Board of Adjustment action to an
administrative type of permit that has a specific time period and set fee.
Staff has provided the proposed amendments to the Zoning Code Rules and Regulations along
with this memo. The proposed changes are outlined by chapter and are shown in -line to
illustrate proposed insertions and deletions to the current text.
RECOMMENDATION
Staff recommends the Planning Commission approval of the attached text amendments to the
Owasso Zoning Code. If approved, staff will present an ordinance reflecting such changes at
the February 15, 2011 City Council Regular Meeting
ATTACHMENTS:
A. Proposed amendments to Zoning Code Rules and Regulations: Chapters 3, 4, 5, 6, 7, 12,
13, 14, 15, and 17
B. Draft Specific Use Permit Application
300
310
320
330
SEC
CHAPTER
AGRICULTURE DISTRICT PROVISIONS
Purposes
Principal Uses
Accessory Uses
Bulk and Area Requirements
PION 300 PURPOSES OF AGRICULTURE DISTRICT
SECTION 310 USES PERMITTED IN THE AGRICULTURE DISTRICT
The principal uses permitted in the Agriculture Districts are: animal and poultry
raising, arboretum, chick hatchery, cultivation, dairy farming, electrical
regulation station (excluding storage or service garages and yards), farming,
fishery, flood management project, forestry, grazing, guest or dude ranch,
horticulture nursery, planting, pressure control station (gas or liquid, excluding
storage or service garages and yards), ranching, reservoir, riding stable or
academy, shelter (civil and storm), single- family detached dwelling, transmitting
tower (excluding amateur radio tower), water storage facility NEC, wildlife
preserve.
The following uses require a Specific Use Permit in the Agricultural District:
Airport
Frisbee Golf Course
Rodeo
Aquarium
Go -Cart Track
Sanitarium
Arena
Golf Course
San. Landfill
Art Gallery
Government Services
School
Bus Station
Gun Club
Sewage Disp,
WON
Halfway House
Skate Park
Child Care Center
Heliport
Stadium
Church
Hospital
Tennis Court
The following uses require a Specific Use Permit in the Agricultural District:
Airport
Frisbee Golf Course
Rodeo
Aquarium
Go -Cart Track
Sanitarium
Arena
Golf Course
San. Landfill
Art Gallery
Government Services
School
Bus Station
Gun Club
Sewage Disp,
Cemetery
Halfway House
Skate Park
Child Care Center
Heliport
Stadium
Church
Hospital
Tennis Court
Employees: The home occupation shall be engaged in only by the
family or person occupying the dwelling as a private residence.
No person shall be employed in the home occupation other than a
member of the immediate family residing on the premises.
Merchandise: The home occupation shall not involve the retail
sale of merchandise manufactured off the premises.
E. Visibility of Merchandise: No merchandise shall be displayed in
such a manner as to be visible from outside.
F. Outdoor Storage: No outdoor storage shall be allowed in
connection with any home occupation.
G. Maintenance of Non - Commercial Character: No alteration of the
non - commercial character of the premises may be made,
including the removal of garage doors.
H. Signs: No signs, display, or advertising on premises shall be
permitted.
Disturbances: No mechanical or electrical equipment or other
activities shall be allowed which create a noise, dust, odor, or
electrical disturbance.
Traffic and Parking: No home occupation shall generate more
than 15 trips per day to and from the premises and all parking
needs generated shall be accommodated by off - street parking
which does not alter the non - commercial character of the
premises.
320.2 Accessory Use Conditions
General Conditions
1. An accessory building constructed as an integral part of the
principal building shall be made structurally a part thereof, and
shall comply with the requirements applicable to the principal
building.
2. Accessory buildings shall meet the minimum yard or building
setback requirements.
SECTION 330 BULK AND AREA REQUIREMENTS IN THE AGRICULTURE
DISTRICT
Table 3
CHAPTER 4
RESIDENTIAL DISTRICT PROVISIONS
400 Purposes
410 Principal Uses
420 Accessory uses
430 Bulk and Area Requirements
440 SperJai n,,.eptie , „sew Requirements Specific Use Permit, Requirements
450 Site Plan Review
SECTION 400 PURPOSES OF RESIDENTIAL DISTRICTS
400.1 General Purposes
The residential districts are designed to:
(A) Achieve the residential objectives of the Comprehensive Plan.
(B) Protect the character of residential areas by excluding
inharmonious commercial and industrial activities.
(C) Achieve a suitable environment for family by permitting in
residential areas appropriate neighborhood facilities, such as
churches, schools, and certain cultural and recreational facilities.
(D) Permit a variety of dwelling types and densities to meet the varying
needs of families.
(E) Control the density of residential development to facilitate the
planning for an economical provision of streets, utilities, and other
public facilities.
400.2 Purposes of the RE Residential Estate District
The RE District is designed to permit the development and conservation of single -
family detached dwellings in a suitable environment for family life on large
parcels of land at a low population density.
400.3 Purposes of the RS Residential Single- Family Districts.
The RS -1, RS-2, and RS -3 districts are designed to permit the development and
conservation of single- family detached dwellings in suitable environments in a
variety of densities to meet the varying requirements of families.
The following uses require a Specific Use Permit in the RE and RS Residential
Districts:
Ambulance Service
Child Care Center
Church
College
Community Center
Electrical Regulation
Station (excluding storage
storage or service garages
Fire Station
Golf Course
Hospital
Library
Park
Post Office
Pressure Control
Station (CNG, excluding
storage or service garages
and yards)
School
Storm Shelter
Tennis Court
University
WaterStorage
Facility
The Specific Use Permit uses permitted in the RE and RS Districts shall follow the
process outlined Section 1330.5, Chapter Thirteen (13), Amendments and are
subject to the requirements, safeguards, and conditions as may be imposed by
the Planning Commission. Further, the Specific Use Permit uses shall conform to
the bulk and area requirements of the RE and RS Districts.
410.2 Uses within the RD Residential Duplex District
The principal uses permitted in the RD Residential Duplex District are: duplex
dwellings and all the principal uses listed in Section 410.1.
The following uses require a Specific Use Permit in the Residential Duplex (RD)
District:
Ambulance Service Hospital Universitye
Child Care Center Library WaterStorage
Church Park Facility
College
Community Center
Electrical Regulation
Station (excluding storage
or service garages and
yards)
Post Office
Pressure Control
Station (CNG, excluding
storage or service garages
and yards)
School
The principal uses permitted in the RM Multi - family District are: multi - family
dwellings, fraternity or sorority houses, rooming /boarding house, townhouse,
duplex dwellings, and all the principal uses listed in Section 410.1.
The following uses require a Specific Use Permit in the Residential Multi - family
(RM) District:
Ambulance Service
Child Care Center
Church
College
Community Center
Electrical Regulation
Station (excluding storage
Or service garages and
yards)
Fire Station
Golf Course
Hospital
Library
Park
Post Office
Pressure Control
Station (CNG, excluding
storage or service garages
and yards)
School
Storm Shelter
Tennis Court
University /College
Water Storage,
Facility
The Specific Use Permit uses permitted in the RM District shall follow the process
outlined Section 1330.5, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shalt conform to the bulk and
area requirements of the RM District.
All multi- family dwellings shall be located within an approved Planned Unit
Development (PUD).
410.5 Uses within the RMH Mobile Home Park District
The principal uses permitted in the RMH Mobile Home Park District are: mobile
home dwellings (excluding travel, camp or recreational vehicles) and all the
principal uses listed in Section 410.1.
420.2 Accessory Use Conditions
(A) General Conditions
An accessory building constructed as an integral part of the
principal building shall be made structurally a part thereof, and
shall comply with the requirements applicable to the principal
building.
2. A detached accessory building shall not be located in the front or
side yard or encroach upon a minimum building setback line, but
this limitation shall not apply to carports, provided the minimum
required front yard or side yard or setback line is observed.
3. Within the rear yard, a detached accessory building shall be
located at least five feet from any interior lot line.
One unoccupied recreational vehicle or boat, a length of 30 feet
or less, may be parked upon a lot as an accessory use, provided
that the vehicle is parked upon a paved surface.
(B) Home Occupations
An occupation, profession, or trade customarily carried on by occupants of a
dwelling unit as a secondary use that is clearly incidental to the principal use
of the dwelling unit for residential purposes is allowed as an accessory use in
residential districts, subject to the following provisions:
Location: Home Occupation shall be conducted only within the
principal structure.
2. Area: The maximum floor area utilized for home occupation
purposes shall not exceed twenty -five percent (25 %) of the total
floor area of the principal structure.
3. Employees: The home occupation shall be engaged in only by the
family or person occupying the dwelling as a private residence.
No person shall be employed in the home occupation other than a
member of the immediate household residing on the premises.
4. Merchandise: The home occupation shall not involve the retail
sale of merchandise manufactured off the premises.
5. Visibility of Merchandise: No merchandise shall be displayed in
such a manner as to be visible from outside.
Livability Space (Sq Ft)
12,000
7,000
5,000
4,000
Front Yard Setback (Arterial)
35
35
35
35
Front Yard Setback (Non- Arterial)
35
35
30
25
Corner Yard Setback (Arterial)
20
20
20
20
Corner Yard Setback (Non- Arterial)
15
15
15
15
Rear Yard Setback
25
25
25
20
Side Yard Setbacks (Both Listed)
15/15
5/5
5/5
5/5
Side yard setbacks will be measured from the point of the wall that is nearest
to the property line of the adjacent property.
TOWNHOUSE DEVELOPMENT **
Development Width (min. feet) 70
Lot Width (min. ft.) 20
Lot Area (min.sq. ft.) 1,600
Land Area (of development) per dwelling (min. sq. ft.) 3,600
Table 3
BULK AND AREA REQUIREMENTS
MULTI- FAMILY DISTRICTS
RD
RTH
RM
Lot Width (Ft)
One and Two Family
60
40
60
Multi - Family (Other than RTH)
100
Lot Area (Sq Ft)
One and Two Family
6,900
5000
7,000
Multi- Family (Other than RTH)
6,000
Land Area Per Dwelling (Sq Ft)
One Family
8,400
6,500
7,500
Two Family
4,200
4,000
4,200
Multi- Family (Other than RTH)
First Two D.U.
4,200
Each Additional D.U.
Less than Two
2,400
Separation between Mobile Homes (Min) 15 feet
Mobile Home Setback from Centerline of a Private Internal Street (Min)
25 feet
All interior private streets must comply with Owasso Engineering Design
Criteria.
C. Mobile Home Subdivisions
A mobile home park development containing a tract area of not less than
5 acres may be subdivided to permit individual ownership of mobile
home spaces, provided the resulting lots shall comply with the bulk and
area requirements set out below and a subdivision plat incorporating the
bulk and area requirements is submitted to and approved by the
Planning Commission and filed of record in the office of the County Clerk
where the property is located.
Land Area per Dwelling Unit (Min) 6,000 square feet
Lot Size (Min) 4,000 square feet
Livability Space per Dwelling Unit (Min) 1,000 square feet
Height (Max) One Story
Front yards and any yards abutting a Public Street:
Measured from centerline, add 1/2 of right -of -way width designated on
the Major Street Plan or 25 feet if not designated (Min)
Abutting an Arterial 35 feet
Abutting a Non - Arterial 25 feet
Side Yards (Both Min. Listed) 5/5 feet
Rear Yard (Min) 10 feet
SECTION 440CEPTION SPECIFIC USE PERMIT USES IN
RESIDENTIAL DISTRICTS, REQUIREMENTS
The Speeia' ExGeptien see- Specific Use Permit, permitted in the residential
districts, as desigRated Table 1, are subject to the minimum requirements
set out below and such additional safeguards and conditions as may be imposed
by the BeaFd of Adjust.., Planning Commission.
A. In the RE and RS districts, children's nurseries shall comply with the lot
width, lot area, height, and yard requirements for single- family use and, in
addition, a maximum floor area ratio of .5 (50 %) shall apply.
*Plans should be folded to be no larger than 9 "x12" in size
One Digital Copy (dwg. Format)
Completed application, $25.00 fee.
Owner authorization to proceed with application. Attach copy if
applicant is not record owner's agent.
SITE PLAN REQUIREMENTS:
Date, Indication of the scale (Minimum Scale 1 " =100', 1 " =20' preferred),
bar scale, north arrow and location map (does not have to be drawn to
scale).
Sufficient surrounding area to demonstrate the relationship of the
development to adjacent uses, both existing and proposed based on
topographic and /or ALTA survey or previously approved site plan. The
base information should include, but not be limited to, the existing
topographic character of site including trees, mass vegetation, wetland
delineation, etc., extending onto adjacent property a minimum of 40
feet.
• Location of all floodplain boundaries and notation of FEMA Flood
Insurance Rate Map (FIRM) with which the site is associated.
• Location and size of existing water, sanitary sewer, stormwater systems,
natural gas, telephone, cable, electric and any other utility adjacent to
or proposed to serve the site.
• Location and dimensions of required building setbacks, landscape
setbacks and \or easements.
• Zoning and land uses of all adjacent properties.
• Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
• The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
• The location of all existing and proposed storm water conveyance
structures.
• Proposed stormwater detention facilities and structures.
• Proposed curb cuts, service drives and drainage survey indicating that
stormwater flow will not be adversely affected.
• Pedestrian walkways or sidewalks including curb ramps where required.
• Location and length of queuing areas for drive through service areas.
• Location of proposed retaining walls (include detail and cross - section).
• Show and label screening /buffering from adjacent Residential uses.
• Trash enclosure (include detail).
• Location, height and material of fences.
• Location, height, size, and type of any proposed ground sign (signs are
approved by separate permit).
• Show all phases of development for each lot /site plan (if applicable).
• Location of all planned landscape areas.
Plan data table including the following information:
• Site Area (Gross and Net)
• Gross Building Area
• Percent of Lot Coverage (show calculation)
• Parking Required and Provided (including ADA accessible)
Site Plans must also provide a narrative statement explaining the character of
the development (i.e. eating place, convenience goods, intensive outdoor
recreation, etc).
The principal uses permitted in the Office Districts are: abstract company,
advertising agency, ambulance service, artist's studio, broadcasting or recording
studio, church, college, community center, computing service, copying service,
data processing service, drafting service, dental clinic and laboratory,
employment agency, financial institution (other than pawn shop), fire protection
facility, funeral home, general business offices excluding on- premise sale of
merchandise, hospital, interior design (no retail sales), library, medical offices,
medical clinics, medical laboratories, optician or optical offices, optician or
optical laboratories, park, photography studio, post office, prescription pharmacy
(provided that no sundry or other merchandise is sold or offered for sale), school,
studio for teaching ballet, dance, drama, fine arts, music, language, business, or
modeling, tennis court, transportation ticket office, travel agency, and veterinary
office (excluding boarding services).
The following uses require a Specific Use Permit in the Office Districts:
Beauty /Barber Shop
Book Store
Candy Store
Child Care Center
Eating Place
Electrical Regulation
Station (excluding storage
Or service garages and
yards)
Florist
Golf Course
Newstand
Gift Shop
Golf Course
Newstand
Nut Store
Pressure Control
Station (CNG, excluding
storage or service garages
and yards)
Liquor Store
Private Club
Stationary and Office
Supply Store
Tobacco Store
Water Storage
Facility
The Specific Use Permit uses permitted in 'the Office Districts shall follow the
process outlined Section 1330.5, Chapter Thirteen (13), Amendments and are
subject to the requirements, safeguards, and conditions as may be imposed by
the Planning Commission. Further, the Specific Use Permit uses shall conform to
the bulk and area requirements of the Office Districts.
B. Permitted speGial exGeptieR Specific Use Permit shopping goods
and services in the Office districts are limited to the following
uses and use groupings:
Barber Shop
Beauty Shop
Book Store
Florist
Gift, Novelty
Liquor Store
Newsstand
Medical, Dental, Optical, and Orthopedic Supplies
Stationary and Office Supplies
Tobacco, Candy, and Nut Store
C. Each accessory use shall be limited to a maximum of 4,000 square
feet of floor area per specific use grouping (1 -10) listed above.
2. A minimum frontage of 100 feet is a requirement of the SpeEial
€xEeptien Specific Use Permit uses.
SECTION 550 SITE PLAN REVIEW
By reason of potential adverse effects on public services or to neighboring land
uses, site plan review and approval by the Community Development
Department, after review by the Technical Advisory Committee, is required for
all office developments for the purpose of assuring proper accessibility,
circulation, functional relationships of uses and compatibility with adjoining
and nearby development. No building permit shall be issued, nor use
commenced within an office development, except in accordance with an
approved site plan.
550.1 Purposes
By reason of potential adverse effects on public services or to neighboring land
uses, site plan review and approval by the Community Development
Department, after review by the Technical Advisory Committee, is required for
all commercial developments for the purpose of assuring proper accessibility,
circulation, functional relationships of uses and compatibility with adjoining
and nearby development. No building permit shall be issued, nor use
commenced within this development, except in accordance with an approved
site plan.
550.2 Application for Site Plan Review
• Location and dimensions of required building setbacks, landscape
setbacks and \or easements.
• Zoning and land uses of all adjacent properties.
• Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
• The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
• The location of all existing and proposed storm water conveyance
structures.
• Proposed stormwater detention facilities and structures.
• Outdoor Lighting Plan
Included on the site plan or as a separate sheet, if necessary, locate all
illuminating devices and include a description of each device, fixture,
lamp, support, reflector, pole, foundation /footing and other device
(including but not limited to manufacturers or electric utility catalog
specification sheets). There should also be a table included on the plan
that indicates the fixture classification (i.e. cutoff fixture, wall pack,
flood light, etc.).
For projects that will likely impact nearby residential developments, a
photometric plan (a point -by -point footcandle array in a printout format
indicating the location and aiming of illuminating devices) will be
required.
Site Plans must show and /or dimension the following information:
• Existing and Proposed Right -of -way and easements should be shown
and dimensioned.
• Parcel /Lot Dimensions. (Tie to street monument)
• Existing and proposed rights -of -way improvements
(curb /gutter /sidewalk /driveways).
• Driveway locations and widths.
• Existing and proposed street names and classifications.
• Existing and proposed driveways along with size of drive.
• Raised islands, existing and proposed traffic signals and other traffic
control devices.
Site Plans must show the following information on all existing and proposed
buildings and structures:
• Location
B. Accommodate the grouping of certain commercial and light industrial
uses which are compatible with one another.
600.4 Purposes of the CH Commercial High Intensity District
The CH District is designed to accommodate high intensity commercial and
related uses.
SECTION 610 USES PERMITTED IN COMMERCIAL DISTRICTS
610.1 Uses within the CS Commercial District
The principal uses permitted in the CS Commercial District are: abstract
company, advertising agency, ambulance service, antique shop, appliances store
or repair, art gallery, artist supply store, artist's studio, automotive parts and
accessories store, bakery (retail), barber shop, bicycle shop, billiard parlor, book
store, bowling alley, broadcasting or recording studio, bus station, business
machine sales, candy store, cafeteria, caterer, church, clothing store, coffee
shop, college, community center, computing service, confection shop, copying
service, cosmetic shop, costume or uniform rental, dairy store, dance hall, data
processing service, delicatessen, dental clinic and laboratory, department store,
drafting service, dressmaking shop, drug store, dry cleaning, dry goods store,
employment agency, enclosed recreation establishments, financial institution,
fire protection facility, florist, food specialty store, funeral home, furniture
store, garden supply, gasoline service station, general business offices, gift shop,
grocery, gunsmith, gymnasium, hardware, health club, health food store, hobby
shop, home furnishing store, hospital, hotel, ice cream store, interior decorating
or design, jeweler, leather goods, library, laundry, liquor store, locksmith,
medical offices, medical clinics, medical laboratories, motel, motion picture
theater (enclosed), music store, newsstand, novelty shop, nut shop, office
machine sales, optician or optical offices, optician or optical laboratories, paint
store, park, pawn shop, pet shop, photographic supply store, photography studio,
post office, prescription pharmacy, racquet ball club, restaurant, rifle range
(enclosed), school, shoe repair, shoe store, skating rink (enclosed), slot car track,
souvenir shop, sporting goods, stationary store, studio for teaching ballet, dance,
drama, fine arts, music, language, business, or modeling, swimming pool
(enclosed), tailor, tavern, tennis court, tobacco store, toy store, transportation
ticket office, travel agency, variety store, veterinary clinic (excluding outside
animal runs), wallpaper store, and weight reduction center.
publishing, rug cleaning, taxidermist, vehicle repair, vending sales and services,
window cleaning, and woodworking shop.
The following uses require a Specific Use Permit in the Commercial General (CG)
District:
Arena
Commercial Camp
Drag Strip
Drive -In Theater
Fairgrounds
Frisbee Golf Course
Go -Cart Track
Golf Driving Range
Miniature RC Auto Track
Outdoor Recreation
Racing Tracks (auto, horse, dog)
Rodeo Grounds
Skateboard Track
Shooting Range (outdoor)
Stadium
Truck Rentals
Water Park
Wholesale Businesses
Fuel Oil Sales
The Specific Use Permit uses permitted in the CG District shall follow the process
outlined Section 1330.5, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the CG District.
610.3 Uses within the CH Commercial District
The principal uses permitted in the CH Commercial District include all the
principal uses permitted in the CG Commercial District plus: truck rental,
trucking establishments and warehouses.
The following uses require a Specific Use Permit in the Commercial High Intensity
(CH) District:
r
The following uses require a Specific Use Permit in the Commercial General (CG)
District:
Arena
Commercial Camp
Drag Strip
Drive -In Theater
Fairgrounds
Frisbee Golf Course
Go -Cart Track
Golf Driving Range
Miniature RC Auto Track
Outdoor Recreation
Racing Tracks (auto, horse, dog)
Rodeo Grounds
Skateboard Track
Shooting Range (outdoor)
Stadium
Truck Rentals
Water Park
Wholesale Businesses
Fuel Oil Sales
The Specific Use Permit uses permitted in the CG District shall follow the process
outlined Section 1330.5, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
Commission. Further, the Specific Use Permit uses shall conform to the bulk and
area requirements of the CG District.
610.3 Uses within the CH Commercial District
The principal uses permitted in the CH Commercial District include all the
principal uses permitted in the CG Commercial District plus: truck rental,
trucking establishments and warehouses.
The following uses require a Specific Use Permit in the Commercial High Intensity
(CH) District:
Floor Area Ratio (maximum)
.50
.75
N/A
Setback from Centerline of Abutting Street (Min
Ft.):
To the setback distance shown, add �/2 of
the right -of -way width designated on the
Major Street Plan, or 25 feet is the street is
not designated.
Arterial and Freeway Service Road
50
40
N/A
Non - Arterial
10
10
N/A
Setback from Abutting R District Boundary (Min.
20*
20*
20*
Ft.)
Building Height (Max. Ft.)
N/A
N/A
N/A
Plus 2 feet of setback for each 1 foot building height exceeding 15 feet if
the abutting property is within an RE, RS, RD or RTH District.
SECTION 640 SPECIAL EXCEPTION SPECIFIC USE PERMIT USES IN
COMMERCIAL DISTRICTS, REQUIREMENTS
All s.,e ^moo,, Specific Use Permit uses shall comply with the bulk and
area requirements of the use district in which located.
SECTION 650 LOCATIONS OF SEXUALLY ORIENTED BUSINESSES
650.1 Definitions
As used in this Section, the terms sexual conduct and specified anatomical
areas shall mean as follows:
Sexual Conduct includes the following:
A. The fondling or other touching of human genitals, pubic region,
buttocks, or female breasts;
B. Ultimate sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, sodomy;
C. Masturbation, and;
D. Excretory functions as part of or in connection with any of the
activities set forth in (A) through (C) above.
2. Specified Anatomical Areas includes the following:
A. Human genitals, pubic region, buttocks, and female breasts below
a point immediately above the top of the areola.
where any person providing such treatment, manipulation or service
related thereto exposes Specified Anatomical Areas.
Model Studio: Any place other than university or college art classes
where, for any form of consideration or gratuity, figure models who
display Specific Anatomical Areas are provided to be observed, sketched,
drawn, painted, sculptured, photographed, or similarly depicted by
persons paying such consideration or gratuity.
Sexual Encounter Center: Any building or structure which contains, or is
used for commercial entertainment where the patron directly or
indirectly is charged a fee to engage in personal contact with or to allow
personal contact by, employees, devises or equipment or by personnel
provided by the establishment which appeals to the prurient interest of
the patron, to include, but not be limited to bath houses, massage
parlors, and related or similar activities.
650.2 Prohibition
No person shall cause or permit the establishment of any of the sexually
oriented businesses as defined in Section 650. 1, in an area zoned other than
"CH" and "CG ". In addition, no person shall cause or permit the establishment
of any of the sexually oriented businesses, as defined in Section 650. 1, within
one thousand (1000) feet of any other sexually oriented business, or within one
thousand (1000) feet of a church, day care, school (type which offers a
compulsory education curriculum), public or private park, or within one
thousand (1000) feet of areas zoned residential or within one thousand (1000)
feet of a nonarterial street which provides access to a residentially zoned area.
Provided further that the BeaFd of Adjustm ° "' Planning Commission may
permit by a SpeGia' ExGeption Specific Use Permit sexually oriented businesses,
as defined in 650.1 in an IL, IM, or IH District, subject to the distance
limitations set forth herein.
The establishment of a sexually oriented business shall include the opening of
such business as a new business, the relocation of such business, the
enlargement of such business, in either scope or area, or the conversion of an
existing business location of any of the uses described in Section 650.1.
Nothing in this Ordinance is intended to make legal any business or activity that
is expressly declared illegal under the provision of this Code or under any state
or federal laws.
SECTION 660 SITE PLAN REVIEW
660.1 Purposes
delineation, etc., extending onto adjacent property a minimum of 40
feet.
• Location of all ftoodplain boundaries and notation of FEMA Flood
Insurance Rate Map (FIRM) with which the site is associated.
• Location and size of existing water, sanitary sewer, stormwater systems,
natural gas, telephone, cable, electric and any other utility adjacent to
or proposed to serve the site.
• Location and dimensions of required building setbacks, landscape
setbacks and \or easements.
• Zoning and land uses of all adjacent properties.
• Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
• The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
• The location of all existing and proposed storm water conveyance
structures.
• Proposed stormwater detention facilities and structures.
• Outdoor Lighting Plan
Included on the site plan or as a separate sheet, if necessary, locate all
illuminating devices and include a description of each device, fixture,
lamp, support, reflector, pole, foundation /footing and other device
(including but not limited to manufacturers or electric utility catalog
specification sheets). There should also be a table included on the plan
that indicates the fixture classification (i.e. cutoff fixture, wall pack,
flood light, etc.).
For projects that will likely impact nearby residential developments, a
photometric plan (a point -by -point footcandle array in a printout format
indicating the location and aiming of illuminating devices) will be
required.
Site Plans must show and /or dimension the following information:
• Existing and Proposed Right -of -way and easements should be shown
and dimensioned.
• Parcel /Lot Dimensions. (Tie to street monument)
• Location of all planned landscape areas.
Plan data table including the following information:
• Site Area (Gross and Net)
• Gross Building Area
• Percent of Lot Coverage (show calculation)
• Parking Required and Provided (including ADA accessible)
Site Plans must also provide a narrative statement explaining the character of
the development (i.e. eating place, convenience goods, intensive outdoor
recreation, etc).
700.3 Purposes of the IM Industrial Moderate District
The IM District is designed to group together a wide range of industrial uses
which may produce moderately objectionable environmental influences in their
operation and appearance.
700.4 Purposes of the IH Industrial Heavy District
The IH District is designed to provide areas for manufacturing and other
industrial activities which may constitute substantial objectionable
environmental influences or hazards.
SECTION 710 PRINCIPAL USES PERMITTED IN INDUSTRIAL DISTRICTS
710.1 Uses within the IL Industrial District
The principal uses permitted in the IL Industrial District are: abstract company,
advertising agency, agricultural implement sales, air conditioning and heating,
aircraft sales, ambulance service, arena, armored car service, artist's studio,
auctioneer, auto wash, automobile rental, bakery, bait shop, bindery,
broadcasting or recording studio, bottled gas, bottling plant, building contract
construction service and storage, cabinet maker, carpentry, carpeting,
cesspool cleaning, church, computing service, concrete construction service,
copying service, data processing service, decorating, drafting service, dental
clinic and laboratory, drapery service, electrical regulation station, electrician,
employment agency, enclosed scientific research and testing and development,
exterminator, fence, financial institution, fire protection facility, frozen food
locker, fuel oil, funeral home, gasoline service station, general business
offices, general merchandising establishment, grain elevators, greenhouse,
heavy construction contracting service, hospital, ice plant, janitorial service,
kennel, landscape contractor, laundry, linen supply, lumber yard, machine
repair, masonry, medical offices, mini storages, mobile home sales, monument
shaping and sales, oil well drilling and cleaning establishments, optical offices,
outdoor recreation, painting contractor, paper hanging contractor, pawnshop,
plastering contractor, plastic materials trade establishment, photography
studio, pharmacy, plumbing, portable storage building construction and sales,
post office, pressure control station, printing and publishing, race tracks (auto,
dog, horse), reupholstery, roofing, rodeo grounds, rug cleaning, school, sheet
metal, shelter (civil defense and storm), sign painting, skateboard track, stone
work, stadiums, storage, temporary open air facilities (such as a carnival,
Christmas tree sates, circus, and tent revival), taxidermist, tile setting,
The principal uses permitted in the IM Industrial District include all the principal
uses permitted in the IL Industrial District plus: manufacturing of: acetylene gas,
aluminum, bleaching powder, brass, brick, cellophane, celluloid, chlorine, coke,
copper, creosote, dextrin, disinfectant, dyestuff, fertilizer, gas (heating or
illuminating), gelatin, glucose, grease, hair, insecticide, lamp black, lard,
linoleum, matches, oil, oilcloth, paint, paper, pickle, printing ink, rayon, rubber,
sausage, sauerkraut, soap, soda ash, starch, tallow, turpentine, terra cotta,
varnish, vinegar, washing compound, and yeast; blast furnace; boiler works;
concrete ready mix plant; recreational uses such as: drag strip, fair grounds,
frisbee golf course, go -cart track, golf driving range, gun club, rifle and skeet
range, and waterslide; iron or steel foundry; rolling mill; sugar refining; tanning
or curing of leather; and wool scouring.
OWN
The following uses require a Specific Use Permit in the Industrial Medium
Intensity (IM) District:
Airport
Barber Shop
Beauty Shop
Bus Station
Cafeteria
Candy store
Cemetery
Coffee Shop
Construction Contractor's
Office
Convict Prerelease Ctr.
Crematory
Delicatessen
Dairy Store
Drag Strip
Drive In Theater
Dry Cleaning
Retail Trade not
Fairgrounds
Otherwise
Florist
Classified
Frisbee Golf
Rifle and Skeet
Gift Shop
Range
Go Cart Track
Sanitary Landfill
Golf Driving Range
Sewage Disposal
Governmental Services
Tobacco Store
Grocery Store
Water Treatment
Gun Club
Plant
Heliport
Water Park
Juvenile Delinquency Ctr.
Liquor Stores
Mausoleum
Newstand
Restaurant
The Specific Use Permit uses permitted in the IM District shall follow the process
outlined Section 1330.5, Chapter Thirteen (13), Amendments and are subject to
the requirements, safeguards, and conditions as may be imposed by the Planning
720.1 Accessory Uses Permitted
Accessory uses customarily incident to a principal use permitted in an industrial
district are permitted in such district.
720.2 Accessory Use Conditions
A. Accessory buildings shall meet the minimum building setback lines of the
applicable district.
B. An accessory building erected as an integral part of the principal
building shall be structurally a part thereof, shall have a common wall
therewith, and shall comply with the requirements applicable to the
principal building.
C. Accessory storage of materials, equipment, or products within 200 feet
of an abutting R or AG district shall be screened by the erection of a
screening wall or fence along the lot line or lines in common with the
abutting R district.
SECTION 730 BULK AND AREA REQUIREMENTS IN THE
INDUSTRIAL DISTRICTS
Table 1
BULK AND AREA REQUIREMENTS IN THE INDUSTRIAL DISTRICTS
REQUIREMENTS
IL
IM
IH
Frontage (Min. Ft.)
Arterial and Freeway Service Road
150
200
200
Non - Arterial
100
100
Floor Area Ratio (Max.)
N/A
NIA
N/A
Setback from Centerline of Abutting Street (Min. Ft.)
To the setback distance shown, add 1/7. of the right -of-
way width designated on the Major Street Plan, or 25
feet if the street is not designated.
Arterial and Freeway Service Road
50
50
50
Non - Arterial
25
25
25
Setback from Abutting AG, R, or O District boundary lines (Min. Ft.)*
50
75
100
Building Height (Max. Ft.) I
N/A
N/A
N/A
• Date, Indication of the scale (Minimum Scale 1"=100', 1 " =20' preferred),
bar scale, north arrow and location map (does not have to be drawn to
scale).
• Sufficient surrounding area to demonstrate the relationship of the
development to adjacent uses, both existing and proposed based on
topographic and /or ALTA survey or previously approved site plan. The
base information should include, but not be limited to, the existing
topographic character of site including trees, mass vegetation, wetland
delineation, etc., extending onto adjacent property a minimum of 40
feet.
• Location of all floodplain boundaries and notation of FEMA Flood
Insurance Rate Map (FIRM) with which the site is associated.
• Location and size of existing water, sanitary sewer, stormwater systems,
natural gas, telephone, cable, electric and any other utility adjacent to
or proposed to serve the site.
• Location and dimensions of required building setbacks, landscape
setbacks and \or easements.
• Zoning and land uses of all adjacent properties.
• Location and size of all existing and proposed parking areas including
driving, maneuvering lanes, and loading areas or berths.
• The location and dimension of all existing and proposed curb lines,
driveways and neighboring street intersections within 150' of project.
• The location of all existing and proposed storm water conveyance
structures.
• Proposed stormwater detention facilities and structures.
• Outdoor Lighting Plan
Included on the site plan or as a separate sheet, if necessary, locate all
illuminating devices and include a description of each device, fixture,
lamp, support, reflector, pole, foundation /footing and other device
(including but not limited to manufacturers or electric utility catalog
specification sheets). There should also be a table included on the plan
that indicates the fixture classification (i.e. cutoff fixture, wall pack,
flood light, etc.).
• Trash enclosure (include detail).
• Location, height and material of fences.
• Location, height, size, and type of any proposed ground sign (signs are
approved by separate permit).
• Show all phases of development for each lot /site plan (if applicable).
• Location of all planned landscape areas.
Plan data table including the following information:
• Site Area (Gross and Net)
• Gross Building Area
• Percent of Lot Coverage (show calculation)
• Parking Required and Provided (including ADA accessible)
Site Plans must also provide a narrative statement explaining the character of
the development (i.e. eating place, convenience goods, intensive outdoor
recreation, etc).
Hear and decide special exceptions to the terms of the ordinance upon
which the Board of Adjustment is required to pass subject to said
ordinance;
Authorize in specific cases such variances from the terms of the
ordinance as will not be contrary to the public interest, if, owing to
special conditions, a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship and so that the spirit of the
ordinance shall be observed and substantial justice done.
Exceptions and /or variances may be allowed by the Board of Adjustment
only after notice and hearing as provided for herein. The minutes of the
meeting at which the variance or special exception was granted shall
show that each element of a variance or special exception was
established at the public hearing on the question, otherwise said
variance or special exception shall be voidable on appeal to the District
Court.
1210.1 Conflict of Interest
Any member of the Board who shall have an interest in any property or in the
decision relating to such property, which shall be the subject matter of, or
affected by, a decision of the Board, shall be disqualified from participating in
the discussion, or proceeding of the Board in connection therewith.
SECTION 1220 PROCEEDINGS OF THE BOARD
Meetings shall be held at the call of the chairman and at such other times as
the Board may determine. The chairman, or in his absence, the vice - chairman,
or acting chairman may administer oaths and compel attendance of witnesses.
All meetings, deliberations, and voting of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, showing the vote of each
member upon each question, or if absent or failing to vote, indicating such
fact, and shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the City Clerk and shall be a
public record. In all matters, the Board shall decide within 90 days after the
filing of an application for relief. The quorum, notice, filing and substantive
requirements of the Board shall be as set forth in the following sections
concerning the Board's exercise of a particular power.
SECTION 1230 NOTICE OF PUBLIC HEARING
The Board of Adjustment shall give notice and conduct a public hearing before
acting on any appeal from a determination of the Community Development
Department, or before granting any Special Exception or Variance.
Community Development Department, upon receipt of notice, shall transmit to
the Secretary of the Board and the City Clerk certified copies of all 'the papers
constituting the record of said matter. Upon receipt of the record, the
Secretary shall cause an investigation to be made upon the appeal and shall set
the matter for public hearing.
1250.3 Board of Adjustment Action
The Board shall hold the public hearing. The Board may reverse or affirm,
wholly or in part, or may modify the order, requirement, decision, or
determination appealed from and may make such order, requirement, decision,
or determination as ought to be made, and to that end shall have all the
powers of the officer from whom the appeal is taken. The Board shall make its
decision within 30 days after the final hearing, and the decision shall be in
writing and filed of record in the office of the City Clerk. The concurring vote
of three members of the Board shall be necessary to reverse any order,
requirement, decision, or determination of the Community Development
Department.
1250.4Stay of Proceedings
An appeal stays all proceedings in furtherance of the action appealed from,
unless the Building Inspector from whom the appeal is taken certifies to the
Board of Adjustment, after the notice of appeal shall have been filed with him,
that by reason of facts stated in the certificate, a stay would in his opinion
cause imminent peril to life or property. In such case, proceedings shall not be
stayed other than by a restraining order granted by the Board or by the Court
of proper jurisdiction on due and sufficient cause shown.
SECTION 1260 INTERPRETATION
A. The Board shalt interpret the text of this code or the Official Zoning Map
upon an appeal from a determination of the Building Inspector after
compliance with the procedural standards of Section 1350.
Where a question arises as to the zoning district classification of a
particular use, the Board of Adjustment, upon written request of the
Building Inspector, may find and determine the classification of the use
in question and may, prior to such determination, order the giving of
notice and hold a public hearing.
SECTION 1270 VARIANCES
1270.1 General
1280.1 General
The Board of Adjustment, upon application, and after notice and public hearing
subject to the procedural and substantive standards hereinafter set forth, may
grant the following special exceptions:
A. The change of a nonconforming use as provided in Chapter 11,
Nonconformities.
The restoration of a partially destroyed structure containing
nonconforming use as provided in 11, Nonconformities.
C. The restoration of a partially destroyed nonconforming structure as
provided in Chapter 11, Nonconformities.
D. The rlif t' f a sGFeening requirement, as provided iR c 250
Ch t 2, D t .rt orevisiARs'sao°" =' The modification of the
screening requirement as provided in Chapter 2, Section 240.2 (c)
Off- street parking use of property located within a residential district,
when the property is abutting an office, commercial or industrial
district.
1280.2Application
A request for a Special Exception shall be initiated by the filing of an
application with the City Clerk City Planner and shall be set for public hearing
by the City GleFk City Planner in accordance with the rules established by the
Board.
1280.3Board of Adjustment Action
The Board of Adjustment shall hold the public hearing and, upon the concurring
vote of three members, may grant the Special Exception after finding that the
Special Exception will be in harmony with the spirit and intent of the code, and
will not be injurious to the neighborhood or otherwise detrimental to the
public welfare. Provided that the Board in granting a Special Exception shall
prescribe appropriate conditions and safeguards, and may require such
evidence and guarantee or bonds as it may deem necessary to enforce
compliance with the conditions attached.
1280.4Time Limitation on Special Exceptions
CHAPTER 13
AMENDMENTS
1300 General
1310 Policy on Zoning Map Amendments
1320 Zoning Text Amendments
1330 Zoning Map Amendments
SECTION 1300 GENERAL
The regulations, restrictions, prohibitions, and limitations imposed and the
districts created by Chapters 1 -16 and Appendices may from time to time be
amended, supplemented, changed, modified, or repealed by ordinance, but no
change shall be made until the Planning Commission, after notice and public
hearing, files with the City a report and recommendation on the proposed
change. In addition to the procedural provisions hereinafter set out, the
Planning Commission shall adopt procedural rules for the conduct of zoning
public hearings.
SECTION 1310 POLICY ON ZONING MAP AMENDMENTS
It shall be the policy of the City of Owasso, Oklahoma that in consideration of
proposed amendments to this code that:
Amendments will be adopted to recognize changes in the Comprehensive Plan,
to correct error, or to recognize changed or changing conditions in a particular
area or in the jurisdictional area generally. Zoning map amendments must be
in compliance with the Owasso Land Use Master Plan.
SECTION 1320 ZONING TEXT AMENDMENTS
The Planning Commission, upon its own motion, may, or at the direction of the
City Council shall, hold a public hearing, giving notice thereof, of a proposed
text amendment. After holding the public hearing, the Planning Commission
shall within 30 days transmit its report and recommendation to the City
Council.
SECTION 1330 ZONING MAP AMENDMENTS
1330. 1 Application and Fees
A. An amendment to the Zoning Map shall be initiated by the filing of an
application with the Community Development Department. An
application shall be in such form and content as the Planning
any 0 District, and notice of any O District shall confer
jurisdiction to consider any less intense 0 District.
Notice of a proposed IH rezoning shall confer jurisdiction on the
Planning Commission and City Council to consider and act upon
IH, IM, IL or combination thereof in the disposition of the
application, and in like manner, notice of any I District shall
confer jurisdiction to consider any less intense I District.
4. Specific notice of a proposed AG, PUD or RMH district shall be
required to confer jurisdiction on the Planning Commission and
City Council to consider such AG, PUD, or RMH District.
1330.3131anning Commission Action on Zoning Map Amendments
After notice and public hearing, the Planning Commission shall vote to:
A. Recommend to the City Council that the application be approved as
submitted, or as amended, or be approved subject to modification or,
B. Recommend to the City Council that the application be denied, and:
1. An application recommended for approval or approval subject to
modification, shall be transmitted, with the report and
recommendations of the Planning Commission, to the City Council
within 15 days from the date of Planning Commission action.
2. An application recommended for denial shall not be considered
further unless the applicant within 15 days from the date of the
Planning Commission, files a written request with the City Clerk
for a hearing by the City Council. Upon notice of such request,
the Planning Commission shall forthwith transmit the application
and its report and recommendation to the City Council.
C. In the event that the Planning Commission arrives at a tie vote it shall be
transmitted, with a report and notation of the tie vote, to the City
Council within 15 days from the date of Planning Commission action.
1330.4City Council Action on Zoning Map Amendments
The City Council shall hold a hearing on each application transmitted, and after
the public hearing shall approve the application as submitted or as amended or
deny the application.
When the City Council has denied an application to amend the zoning
classification of a particular tract of land, no subsequent application on such
2. Approve with modifications and /or conditions
3. Deny the request
The Planning Commission may place conditions on the use as part of the approval to
assure adequate mitigation measures are associated with the use. The conditions shall
become a part of the Specific Use Permit approval and shall be included as part of the
site plan. The Commission may continue the hearing on the decision for a maximum of
sixty (60) days. The recommendation shalt be referred to the City Council for final
action.
A. City Council Review and Action
Upon receipt of the Planning Commission's recommendation, the City
Council shall approve, approve with modifications and /or conditions, or
deny the application, or request that the application be further
reviewed by the Planning Commission.
B. Indication on Zoning Map Required
A zoning change is not required for Specific Use Permits; however, the
location of each approved Specific Use Permit shall be indicated on the
zoning map as follows: "SP -( ) (the number of the request for a
specific use permit) ".
Step 8. Approval Criteria
Applicable, as follows: A Specific Use Permit may be approved only if the City Council
finds that all of the following criteria have been met:
a. The proposed use is consistent with the comprehensive plan and all
applicable provisions of this Ordinance and applicable state and federal
regulations;
b. The proposed use is consistent with the purpose and intent of the
zoning district in which it is located;
c. The proposed use is consistent with any applicable Specific Use
Permit standards.
d. The proposed use is compatible with adjacent uses in terms of scale,
site design, and operating characteristics (hours of operation, traffic
generation, lighting, noise, odor, dust, and other external impacts);
e. Any significant adverse impacts anticipated to result from the use
will be mitigated or offset to the maximum extent practicable;
f. Facilities and services (including sewage and waste disposal, water,
gas, electricity, police and fire protection, and roads and
transportation, as applicable) will be available to serve the subject
CHAPTER 14
DEFINITIONS
1400 Definitions
SECTION 1400 DEFINITIONS
Abutting: In the context of a screening or enclosure requirement, abutting
shall mean contiguous or separated there from only by a non - arterial street. In
other instances, abutting shall mean contiguous.
Accessory Uses or Structure: A use or structure on the same lot with, and of a
nature customarily incidental and subordinate to, the principal use or
structure.
Alley: A permanent public way providing a secondary means of access for
service and emergency vehicles, and not intended for general traffic
circulation.
Arterial: A street designated on the Major Street Plan as a primary arterial or
secondary arterial.
Board of Adjustment: The Board of Adjustment of the City of Owasso,
Oklahoma.
Building: A structure which is permanently affixed to the land, and has one or
more floors and a roof, and is bounded by either another building with a
common party wall, open air, or the lot lines of a lot.
Building Height: The vertical distance measured form the average ground
elevation at the building wall to the highest horizontal point of the structure.
Building Setback: The horizontal distance, from the point of measurement,
such as the centerline of an abutting street or the boundary line of an abutting
zoning district to the nearest building wall.
Care Home: Premises used for the housing and caring for the aged or infirmed,
and includes convalescent homes, homes for the aged, and nursing homes.
Cemetery: Land used or intended to be used for the interment of human
remains and dedicated for cemetery purposes, including crematories,
mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
Dwelling: A building or structure used in whole or in part for human
inhabitation.
Dwelling, Duplex: A building containing two dwelling units, designed for
occupancy by not more than two families. Included are all forms of
manufactured duplex dwellings but excluding mobile homes.
Dwelling, Manufactured: A structure designed and intended for human
occupancy on a year -round or temporary seasonal basis which has ;undergone
at least partial prefabrication or preassembly under indoor factory conditions,
excluding dwellings utilizing only prefabricated or preassembled sublements
such as roof trusses, floor trusses, plumbing trees, or wiring harness. Included
are the following sub - classes:
a. Pre -cut - a manufactured dwelling involving no preassembly but all
components have been cut and fabricated and then assembled on -site;
b. Panelized - a manufactured dwelling partially preassembled into roof,
wall, floor, and ceiling components (which may range from exposed
wood to having all finishing completed) which are assembled on -site,
and constructed to national building code standards;
C. Sectionalized or Modular - a manufactured dwelling partially
preassembled into two or more sections, none of which are habitable
individually, permanently joined together and, utilize customary
residential siding and roofing materials, built to national building code
standards and are either:
1) Wood frame units designed to be transported by flat -bed truck
and installed on conventional permanent foundations, or,
2) Chassis /under - carriage units designed to be towed or structurally
capable of being towed on wheels and installed on permanent
foundations after all hitches, running gear and chassis have been
removed,
d. Mobile Home - a manufactured dwelling, either a portable or mobile
living unit used or designed for human occupancy, having been manufactured
to the Federal Manufactured Home Construction and Safety Standards and
bearing a HUD label red in color, identifying the home as a "Manufactured
Home."
Dwelling, Multifamily: A building containing three or more dwelling units.
Included are all forms of manufactured multifamily dwelling but excluding
mobile homes.
Habitable Floor: Any floor usable for living purposes, which includes working,
sleeping, heating, cooking or recreation or a combination thereof. A floor used
for storage purposes only is not a "habitable floor."
Halfway House: A building used in whole or in part as a treatment center and
dwelling quarters for persons unrelated by blood or marriage, who are
undergoing care or rehabilitation for alcoholism or other forms of drug abuse.
Height, Building: See Building Height.
Height, Sign: The vertical distance measured from the curb level to the
highest point of the sign.
Home Occupation: Any occupation or activity conducted within a dwelling unit
which is clearly incidental and subordinate to the use of the premises for
dwelling purposes.
Hundred Year - Frequency Flood: A flood having an average frequency of
occurrence once in 100 years, although the flood may occur in any year, based
on statistical analyses of stream flow records available for the watershed and
analyses of rainfall and runoff characteristics in the general region of the
watershed.
Kennel: The use of land or building for the purpose of selling, breeding,
boarding or training cats or dogs or both.
Land Area: The area of a lot plus one -half or 30 feet, whichever is Less, of the
right -of -way of any abutting street to which the lot has access.
Land Coverage: The land area of a lot covered by building or buildings, except
structural parking.
Livability Space: The open space of a lot which is not allocated to or used for
off - street parking or loading areas or for paved access to the off - street parking
or loading area.
Loading Berth, Off- Street: A space of at least 10 feet in width and 30 feet in
length and having a vertical clearance of at least 14 feet, designed and located
on a lot for the temporary parking of commercial vehicles while loading or
unloading merchandise or materials.
Lot Area: The total horizontal area within the lot lines of a lot.
Lot Line: Any boundary of a lot.
Parking Space, Off- Street: A space on a lot intended and reserved for the
parking of an automobile. Such space to be of at least nine (9) feet in width by
twenty (20) feet in length, together with a driveway connecting the space with
a street or alley and permitting safe ingress or egress of an automobile.
Pavement: Surface constructed of double bituminous concrete or asphaltic
concrete.
Planning Commission: The City of Owasso, Oklahoma Planning Commission.
Planned Unit Development: A discretionary type of development for a tract of
land under single ownership or control, based upon an approved development
plan permitting flexibility of principal land uses, lot sizes, and accessory uses
not otherwise available under conventional development standards.
Private Club: Reference is hereby made to that section of the code of the City
of Owasso, Oklahoma defining "private club."
Recreational Vehicle: A vehicular structure, portable or self propelled,
designed as a temporary dwelling for travel use or recreational use not
exceeding 35 feet in length.
Regulatory Flood: A flood having a one (1) percent chance of being equaled or
exceeded in any given year based upon the full potential urbanization of the
contributing watershed considering the Comprehensive Plan, adopted
Floodplain Management Policies and the watershed Master Drainage Plan where
adopted.
Setback: A horizontal distance determining the location of a building with
respect to a street, use district boundary line, or another use. Where the term
"setback" is used in conjunction with a modifying word or words such as
"parking area ", the setback shall in its application include, but not be limited
to, buildings.
neighberhaed and to the general w.elfaF e may boa mitted by the Beard of
Adjustment where r G ffi a ly autherized by the .-ode and in acc-oFdaAGe with
fhe r„bstant:,ee and n Ged.,ral standardr eF the Bede A design element or
structure that may not conform to the dimensional or spatial requirements of the
base zoning district in which it is located, but may be allowed under certain
circumstances with approval from the Board of Adjustment.
Specific Use Permit: A permit approved and issued for use or development, which must
be acquired before a specific use can be constructed or started.
Veterinary Clinic: A building used exclusively for the care and treatment of
animals, including incidental overnight boarding of animals within the enclosed
building, but excluding outside animal runs or boarding services.
Wind Energy Conversion System: (WECS, wind turbine, wind generator,
windmill, and wind machine) -- a machine that converts the kinetic energy in
the wind into a usable form of electrical or mechanical energy. The WECS
includes all parts of a system except the tower and the transmission
equipment.
Yard: An open unoccupied space on a lot between a building and a lot line.
Yard, Front: A yard extending along the full length of the front lot lines
between the side lot lines.
Yard Required: The minimum permitted distance of open unoccupied space
between a building and a lot line.
Yard, Rear: A yard extending along the full length of the rear lot line between
the side lot lines.
Yard, Side: A yard extending along a side lot line between the front yard and
the rear yard.
(1) Permitted By Right - Telecommunication towers are a permitted
use in all CG, CH, IL, IM, and IH if proposed towers satisfy the
following requirements. Telecommunication towers permitted
under this subsection may exceed compatibility and base district
height restrictions.
(a) Aesthetic Protection
Telecommunication facilities shall be so located to ensure
that historically significant landscapes are protected. The
views of vistas from architecturally and /or historically
significant structures should not be impaired or diminished
by the placement of telecommunication facilities.
(b) Setback
Tower shall be a minimum of 200' from any RS -3 or more
restrictive district.
(c) Height
Tower height, excluding antenna array, does not exceed:
(1) 75 feet, if the tower is at least 200 feet but less
than 250 feet, from any RS -3 or more restrictive
district.
(2) 100 feet, if the tower is at least 250 feet but less
than 350 feet, from any RS -3 or more restrictive
district.
(3) 120 feet if the tower is 350' or greater, from any RS-
3 or more restrictive district.
(d) Antenna Array Height
The antenna array does not exceed the tower height by
more than 10 feet.
(e) Setback of Guy Wires
All guy wires and guy anchors are setback a minimum of 20
feet from any property line.
(f) Tower Type
(2) Replacement of Existing Poles - Telecommunication towers
erected to replace existing poles are permitted in all zoning
districts, provided that:
(a) The pole replaced is a functioning utility pole or light
standard within an established utility easement or public
right -of -way, recreational facility light pole, or
telecommunication tower.
(b) Replacement tower height, including antenna array does
not exceed:
(1) The height of the original utility, light standard,
or recreational facility light pole by more than 10
feet; or
(2) The height of the original telecommunication
tower and antenna array.
(c) The pole replaced does not obstruct a public sidewalk,
public alley, or other public right -of -way, and
(d) Pole appearance and function, except for antenna, are not
significantly altered.
(3) Placement on Existing Poles - permitted in all zoning districts,
provided that:
(a) Telecommunication antennas are permitted on existing
utility, lighting, telecommunication towers, and sign
structures at or exceeding 50 feet in height.
(b) Provided that the antenna does not exceed the height of
the structure by more than ten (10) feet if a non -whip type
or fifteen (15) feet if a whip type.
(c) Telecommunication antennas located on existing structures
are not subject to the 5,000 feet separation requirement.
(d) If any additions, changes, or modifications are to be made
to the monopole, the Director of Community Development
shall have the authority to require proof, through the
submission of engineering and structural data, that the
addition, change, or modification conforms to structural
wind load and all other requirements of the current
Building Code adopted by the City of Owasso.
structure is made, the Community Development Department shall
be provided with color photo simulations showing the site of the
existing structure with a photo- realistic representation of the
proposed antenna and the existing structure as it would appear
viewed from the closest residential property. The applicant shall
also submit photographs of the same views showing current
appearance of the site without the proposed antenna.
(7) Distance Measurement - distances in this section shalt be
measured along a single straight line between the center of the
tower base and the nearest point on any property line of
identified historic property or RS_3 or more restrictive district or
use. For the purposes of applying restrictions set forth in this
section, "RS -3 or more restrictive zoning district or use" excludes
property that is:
(a) Used as public or private primary or secondary educational
facility;
(b) Used as a college or university educational facility;
Owned by the US, State of Oklahoma, Tulsa County, or the
City of Owasso, and not used for RS -3 or more restrictive
residential uses;
Used primarily for religious assembly;
Used as a cemetery;
Occupied by non - residential, non - conforming uses; or
Any other site similar to those listed above and determined
by the Director of Community Development to be
consistent with the purposes of this section.
(8) Exceptions and Exemptions
(a) A telecommunication tower that fails to meet the
requirements of this section may be authorized by
obtaining a SpeGial 9XGeptidn Specific Use Permit through
the Owasso BeaFd of Adjust... Planning Commission.
(b) Towers erected by a public agency for police, fire, EMS,
911 or other similar public emergency communication shall
be exempt from the requirements of this section.
(8) SPECIAL EXCEPT-1 SPECIFIC USE PERMIT REQUIRED
All guy and guy wires shall be set back a minimum of 20
feet from any property line.
(f) Monopole Required
Any tower within 200 feet of any RS -3 or more restrictive
district shall be of a monopole design, or one of equal or
lesser impact.
(g) Security Fencing
The base of the tower shall be enclosed by security fencing
at a height of 8 feet.
(h) Compliance with Applicable Regulations
The tower is constructed and operated in compliance with
the current Federal Communications Commission and other
applicable federal and state standards.
(i) Distance from Other Towers
New telecommunication towers must be a minimum
distance of 5,000 feet from any other telecommunication
tower, unless in a by right district.
(j) Removal of Tower
Upon the discontinuance of use of any such tower for a
period of thirty (30) days, said tower is to be removed by
the applicant /owner.
STATEMENT OF PURPOSE -
It is the purpose of this ordinance to promote the public health, safety and
general welfare and to minimize public and private losses due to flood
conditions in specific areas by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money for costly flood control
projects;
3. Minimize the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets and
bridges located in floodplains;
6. Help maintain a stable tax base by providing for the sound use
and development of flood -prone areas in such a manner as to
minimize future flood blight areas; and
7. Insure that potential buyers are notified that property is in a flood
area.
SECTION 1720 DEFINITIONS
For the purpose of this chapter the following terms shall have the meanings
respectively ascribes to them in this section:
1. "Area of special flood hazard" means that land in the floodplain within a
community subject to a one percent (1 %) or greater chance of flooding
in any given year;
2. "Base flood" means the flood having a one percent (1 %) chance of being
equaled or exceeded in any given year;
3. "Development" means any man -made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
b. Be constructed with materials and utility equipment resistant to
flood damage; and
C. Be constructed by methods and practices that minimize flood
damage;
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems;
All new and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters;
4. All new and replacement on -site waste disposal systems shall be located
to avoid impairment to them or contamination from them during
flooding;
All new construction and substantial improvements of residential
structures shall have the lowest floor elevated to or above the base
flood level calculated on the basis of one hundred percent (100 %)
upstream urbanization or development;
6. All new construction and substantial improvements of non - residential
structures shall have the lowest floor flood - proofed or elevated to or
above the base flood level calculated on the basis of one hundred
percent (100 %) upstream urbanization or development;
7. Any altered or relocated water course shall maintain its original flood
carrying capacity;
8. No man -made change to improved or unimproved property, including
filling, grading, paving, or excavating shall be commenced until a
building permit or zoning clearance permit has been obtained for each
change; and
9. All mobile homes shall be anchored to resist flotation, collapse, or
lateral movement by providing over - the -top and ground ties to anchors.
Specific requirements shall be:
a. Over- the -top ties at each of the four (4) corners of the mobile
home, with two (2) additional ties per side at intermediate
locations and mobile homes less than fifty (50) feet long requiring
one additional tie per side;
b. Frame ties at each corner of the home with five (5) additional ties
per side at intermediate points and mobile homes less than fifty
(50) feet long requiring four (4) additional ties per side.
within the areas of special flood hazard as shown on the flood hazard
boundary and floodway maps.
SECTION 1750 LANDS TO WHICH SPECIAL FLOOD HAZARD APPLIES
The provisions of this chapter shall apply to and govern the placement of
structures and improvements and man -made changes of land, and the issuance
of building permits or occupancy permits for property within the areas of
special flood hazard in the city.
SECTION 1755 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD
HAZARD
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled, "The Flood
Insurance Study for Tulsa County, Oklahoma and Incorporated Areas," dated
April 16, 2003 with accompanying Flood Insurance Rate Map (FIRM) are hereby
adopted by reference and declared to be a part of this chapter. Copies for
public review shall be available in the Public Works Department of the City.
SECTION 1760 FLOODPLAIN MANAGER ACTION
The building inspector or zoning officer shall act upon all such applications on
which he is authorized to act under these regulations within thirty (30) days,
after these are filed in compliance with the provisions hereof. He shall either
issue a building permit or zoning clearance permit within the thirty (30) day
period or he shall notify the applicant, in writing, of his refusal of such a
permit and set forth the reason therefore. Failure to notify the applicant in
case of such refusal within thirty (30) days shall entitle the applicant to the
building permit or zoning clearance permit, unless the applicant consents to an
extension time. Under such rules as may be adopted by the board of
adjustment, the building inspector or zoning officer may issue a temporary
building permit or zoning clearance permit. He shall also:
1. Review all permits to determine whether proposed building sites will be
reasonably safe from flooding;
2. Maintain a record of all lowest habitable floor elevations submitted to
him;
3. In the absence of other Federal Emergency Management Agency base
flood elevation data, consider other available data basis for determining
lowest permitted floors;
extremely hazardous area due to the velocity of flood waters which carry
debris, potential projectiles and erosion potential, the following provisions
shall apply:
Encroachments are prohibited, including fill, new construction,
substantial improvements and other developments unless certification by
a registered professional engineer or architect is provided demonstrating
that encroachments shall not result in any increase in flood levels during
occurrence of the base flood discharge;
2. If paragraph 1 hereof is satisfied, all nr construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions in Section 12 -403 of this code; and
Prohibit placement of any mobile homes, except in an existing mobile
home park or subdivision.
SECTION 1775 STANDARDS FOR AREAS OF SHALLOW FLOODING
Located within the areas of special flood hazard established in Section 12 -404
of this code are areas designated as shallow flooding. These areas have special
flood hazards associated with base flood depths of one to three (3) feet where
a clearly defined channel does not exist and where the path of flooding is
unpredictable and indeterminate; therefore, the following provisions apply:
1. All new construction and substantial improvements of residential
structures shall have the lowest floor, including basement, elevated
above the crown of the nearest street to above the depth number
specified on the flood boundary and floodway map;
2. All new construction and substantial improvements on non - residential
structures shall:
a. Have the lowest floor, including basement, elevated above the
crown of the nearest street or above the depth number specified
on the flood boundary map; and
b. Together with attendant utility and sanitary facilities be
completely floodproofed to or above that level so that any space
below that level is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
A registered professional engineer or architect shall submit a
certification to the building inspector or zoning officer that the
1. Violation of any condition of the approval;
Violation of any provision of this chapter or any other applicable
law, ordinance, rule or regulation pertaining to the work
authorized by building permit or zoning clearance permit
approval; or
3. Existence of any condition or the doing of any act constituting or
creating a nuisance, hazard, or endangering human life or the
property of others.
B. Any person, firm or corporation or other legal entity violating the
requirements of this chapter shall be guilty of a misdemeanor and upon
conviction, shall be punished as provided in Section 1 -108 of this code.
C. In addition to any fine, the city may institute appropriate actions or
proceeding at law or equity for the enforcement of the provisions of this
chapter, or to correct the violations thereof. If applicable and
appropriate, the city may institute appropriate actions or proceedings at
law or equity against any surety company, escrow holder, or any third
party who has affirmatively acted as surety or guarantor for the
grantee's performance as authorized by the &PeGial � Specific
Use Permit approval.
P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 376 -1500 FAX (918) 376 -1597
SUP #
APPLICATION FOR SPECIFIC USE PERMIT
Date of application:
Project
Name of Applicant (Print): - r1lu
Person (please print) Firm (if ap'plipable)
Address:
Email:
city/state
Property Owner:
Person (please print)
Property Owner's Address:
city/state
Email:
Fax:
County: Quarter Section: Phone
County Parcel Number - Acreage:_ No.of Lots
(Property Account NO)
Legal Description of the Ot (May be attaelied):
Any private deed/ restrictions on this property, Which might impact building setback, height, or use?
I HEREBY THAT THE INF AVIATION HOREIN SUBMITTED IS COMPLETE, TRUE AND ACCURATE AND
PLATTING AND EN NO IFIE
LAN REVIEW E QUIRDND ALL FEES AND CHARGES RELATED OC ITEING MENT PROCEDURES AND GUIDELIS,
IMPROVEMENTS, LOPMENT A H.DING PERMITS COSTS.
SIGNATURE OF APP Date:
I.
SIGNATURE OF PROPER R: Date:
Date Received:
Public Hearing Date:
DO NOT WRITE BELOW THIS LINE
Received By:
Fee:
P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 376-1500 FAX (918) 376-1597
GUIDELINES FOR SPECIFIC USE PERMITS
CITY OF OWASSO, OKLAHOMA
1. Prior to submitting an application, a pre-application meeting with City Staff is
required. notes from the meeting must be submitted with the application.
2. All Specific Use Permit applications must be accompnied by a site plan of the
propsed area, drawn to scale, showing location of buildings, parking and
other pertinent data concerning the operation of the purposed use.
3. The applicant shall provide through a registered bonded abstract company or
a licensed title insurance company, a list of property owners and their mailing
address within a 300' radius of the exteerior of the tract. The City will notift the
property owners by mail.
4. A filing fee of $100.00 plus postage, ($2.00 per propert owner in the 300'
radius) is due when the application is filed.
5. A legal notice will be published in a newspaper of general circulation in
Owasso not less than 20 days, but not more than 30 days prior to the public
hearing. Publication arrangements will be made by the City and the applicant
will be billed directly for the publication.
6. Posting of signs on the property is required on all Specific Use Permit
applications at least 20 days prior to the public hearing. The City will post the
signs.
7. The Specific Use Permit application will be considered by the Planning
Commission for their recommendation and, if recommended for approval by
that body, the application will be forwarded to second meeting of the city
Council after the Planning Commission meeting.