The URL can be used to link to this page

Home My WebLink About1214_OPUD 23-05_1.42 acres_w of N 125th E Ave & S of E 86 St NTulsa County Clerk - MICHAEL WILLIS Doc #: 2023077904 Page(s): 3 09/26/2023 09:31:05 AM Receipt #:2023 -53125 't�AHOM Fees: $22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1214 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AS REFERENCED IN APPLICATION OPUD 23 -05 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for a planned unit development on the property described below; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested planned unit development application OPUD 23 -05. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land generally located west of North North, more particularly described as follows: 1254h East Avenue and south of East 86th Street PART OF LOT ONE (1), BLOCK TWO (2), ELM CREEK CONDOMINIUMS AMENDED, A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA ACCORDING TO THE RECORDED PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT ONE (1), THENCE N 00° 55' 02" E A DISTANCE OF 446 FEET; THENCE S 890 55' 02" W A DISTANCE OF 139.11 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF LOT ONE (1), A DISTANCE OF 446 FEET; THENCE EAST 139.11 FEET ALONG THE SOUTH LINE OF LOT ONE (I) TO THE POINT OF BEGINNING is hereby placed within the OPUD 23 -05 overlay. The Site Development Plan and Statement of Intent outlined in the OPUD 23 -05 document shall be followed for any development of the described property. SECTION 2. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Ordinance 1214 Page 1 of 3 SECTION 5. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. WAY '.hr1SCrlrctly�Puyc ;� Gera (SEAL) APPROVED AS TO FORM: Julie I bardi, City Attorney Ordinance 1214 Page 2 of 3 PASSED AND ADORTED this 9 h day of September, 2023. Kelly Lewis, I ayor G \�y OF Off? t SJ �N OFFICIAL O SEAL � f OKCAHOON ' J �e, -- 4;- Ti '; J z 4. SUBJECT I MAL, I `e Q� . . .. ..... . . L L oL Yl� 7r -- --------- 171 ER AtN r% 1/14 N L T- 'Art Note: Graphic overlays may not precisely align With physical Subject 0 100 200 4 00 features on the ground. Tract OPUD 23-05 L-- I I 1 1 2921-14 Aerial Photo Date: 2023 En Feet O.Wt5V TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Wendy Kramer, City Planner Ordinance 1214(OPUD 23 -05) — Morey Apartments September 15, 2023 BACKGROUND: APPROVED BY COUNCIL SEP 19 2023 The Community Development Department received a Planned Unit Development (PUD) application (OPUD 23 -05) for the Morey Apartments, a proposed multifamily development consisting of duplex apartment buildings, located west of North 1251h East Avenue and south of East 86 +h Street North. SUBJECT PROPERTY /PROJECT DATA: Property Size 1.42 acres +/- Current Zoning Residential Multifamily (RM) Present Use Vacant Land Use Master Plan Transitional Within PUD? No Within Overlay District? No Water Provider I City of Owasso Applicable Paybacks Assessed at Platting) N/A (already platted) CONCEPT OF A PUD: A PUD is a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. • For example, PUDs often allow developers to place different zonings and land uses in close proximity to each other. • Developers may also have more flexibility in certain aspects of development, such as building setback requirements and building height limitations, which can be more restrictive in standard zoning districts. A PUD should not be considered as a tool to circumvent the City's Zoning Code and Subdivision Regulations. All aspects of the PUD application are subject to public comment as well as consideration and approval from the Community Development Department, the Owasso Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council. PUD applications presented to the Planning Commission and City Council are for approval of the uses and the overall conceptual development plan as it relates to the context of the surrounding area. GROWASSO 2035 LAND USE MASTER PLAN CONSISTENCY: The GrOwasso 2035 Land Use Master Plan is a document that acts as a moderately flexible tool for evaluating development proposals. The GrOwasso 2035 Land Use Master Plan identifies the property as Transitional which represents a transitional zone from single family residential development to non - residential development. This district encourages attached housing types such as duplexes, so the proposed development is in keeping with the uses called out for this location. OPUD 23 -05 Page 2 ANALYSIS: The conceptual development plan submitted for OPUD 23 -05 states that the applicant intends to construct four (4) duplex apartment buildings, for a total of eight (8) dwelling units. • The development of the four (4) buildings would occur in two phases, with Phase 1 consisting of the southern -most building. • If approved, the PUD document would prescribe a gross density of 5.63 dwelling units per acre. • Per Section 4.4.4 of the Owasso Zoning Code, a PUD overlay is required for all multi - family developments within Residential Multi- family (RM) zoning districts. o As such, the applicant is seeking approval of OPUD 23 -05 to allow for a duplex development within a RM zoning district. The conceptual site plan depicts the property being accessed on the south end via a thirty - five foot (35') mutual access easement (MAE) from North 1251h East Avenue. • The applicant is working on acquiring an additional MAE on the north side of the property for Emergency and Service vehicles. If this MAE is not filed by the time that Phase 2 is being constructed, the applicant will instead put in a hammerhead turnaround at the north end of the property to allow those vehicles space to turn around. • All portions of the subject property are currently platted under the Elm Creek Condominiums subdivision (Plat #4313), but will be required to be replotted for any future further subdivision of the property. • A screening fence will be required to be located adjacent to any single - family uses, in order to adequately screen the subject property from said residential uses. o This required screening fence is shown on the conceptual site plan within the OPUD 23 -05 document, abutting the residential single - family subdivision to the south - Elm Creek Estates First Addition. • The conceptual site plan shows parking being accommodated for the buildings with individual driveways to each dwelling unit. o A fully detailed landscape plan will be required to be submitted for City staff approval at the time of site plan review for the development. All landscaping will be required to meet the requirements identified in the Owasso Zoning Code. • The City of Owasso will provide police, fire, ambulance, water and sanitary sewer services to the subject property. • Pending rezoning of the property, the applicant will need to submit site plans for the development on the property. o Any development that occurs on the subject property shall adhere to all subdivision, zoning, and engineering requirements of the City of Owasso. SURROUNDING LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Residential Multifamily (RM) Multiplexes Transitional City of Owasso South Residential Single Family (RS -3) Residential Residential City of Owasso East Residential Multifamily (RM) Multiplexes Transitional City of Owasso West Residential Multifamily (RM) Assisted Living Center Transitional City of Owasso OPUD 23 -05 Page 3 PLANNING COMMISSION: The Owasso Planning Commission voted 3 -0 to recommend approval of this item at their regular meeting on September 11, 2023. RECOMMENDATION: In developing a recommendation, staff evaluated the PUD's ability to accomplish the following, as described in Section 9.1.2 of the Owasso Zoning Code: • Maintain and enhance the quality of life in Owasso; • Provide opportunities for urban infill; • Maintain and promote a sense of community; • Encourage development that otherwise could not occur on the site; • Preserve and provide meaningful open space; • Promote connectivity and compatibility with surrounding development; • Inspire unique and thoughtful development; • Support the development of strong neighborhoods; • Provide amenities beyond conventional development; and • Preserve the physical characteristics of the land. Following this evaluation, staff concluded that the subject PUD meets all legal requirements for approval. As such, staff recommends adoption of Ordinance 1214, Planned Unit Development proposal OPUD 23 -05. ATTACHMENTS: Ordinance 1214 Zoning Map GrOwasso 2035 Land Use Master Plan Map OPUD 23 -05 Document \ RTER AFFIDAVIT OF PUBLICATION Owasso Reporter 202 E 2nd Ave (918) 272 -1155 I, Bailee Liston, of lawful age, being duly sworn upon oath depose and say that I am an agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Owasso Reporter, a publication that is a "legal newspaper" as that phrase is defined for the city of Owasso, for the County of Tulsa, in the state of Oklahoma, that this affidavit is Page 1 of 2 with the full text of the sworn -to notice set forth on the pages that follow, and that the attachment hereto contains the correct copy of what was published in said legal newspaper in consecutive issues on the following dates: PUBLICATION DATES: Sep. 27, 2023 Notice ID: mFn1356E2XGQ9eKEJjyo Publisher ID: 46167 Notice Name: ORDINANCE 1214 PUBLICATION FEE: $66.52 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. Agent VERIFICATION State of Florida County of Orange \ptU1181i61p�lr PAMELA BAEZ or Notary Public - State of Flori a T' n% A_ 'a Commission If HH 186700 9r P ,a Expires on October 14.2025 nnninna Signed or attested before me on this: 09/27/2023 Notary Public Notarized online using audio -video communication See Proof on Next Page ORDINANCE 1214 - Page 1 of 2 Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma, September 27, 2023 CITY OF O WASSO. OKLAHOMA THATTO WIT: the request for a )w; and, recommendation for or against the 3 -05. . OF THE CITY OF Avenue and south follows: :ITY OF rO THE SCRIBED AS Southeast corner of said Lot One (1), 02' E a distance of 446 feel; thence S 89' nee of 139.11 feet; thence South parallel f Lot One ( I L a distance of 446 feet; 11 feet Mean the south line of Lot One Development Plan intent shall be fob or parts of ordinances, In conflict with this ordinance are 1 to the extent of the conflict only. deemed unconstitutional, invalid or not be affected but shall remain In s of this ordinance shall become effective thirty (30) days of final passage as provided by state law. the County Clerk of Tulsa County, Oklaho- Ordinance and correct map. I day of September, 2023/s /Alvin Fruga, Attorney ORDINANCE 1214 - Page 2 of 2