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Home My WebLink About1215_OPUD 23-06_OZ 23-07_2.50 Acres_sw C of E 102 St N & N 97 (Mingo) Rd_AG to RNXTulsa County Clerk - MICHAEL WILLIS Doc #: 2023090293 Page(s): 3 11/01/2023 09:34:13 AM Receipt #: 2023-60692 Fees: $22.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 1215 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AS REFERENCED IN APPLICATION OPUD 23 -06 AND A REZONING AS REFERENCED IN APPLICATION OZ 23-07 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning and a planned unit development 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 -06 and rezoning application OZ 23-07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as follows: in the East Half of the East Half (E½ E½) of Section Thirteen (13), Township Twenty-one (21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows, to -wit: COMMENCING at the Northeast corner of the SETA; THENCE South 88°30'10" West for 50 feet to a point on the West Right-of-Way of North 97th East Avenue also known as Mingo Road and the POINT OF BEGINNING; THENCE South 0°5737" East along said Right -of -Way for 147.77 feet to the Southeast Corner of Lot 3; THENCE North 60°36'52" West for 473.19 to a point on the East Right-of-Way of AT&SF Railroad; THENCE North 14°16'13" East along said Right-of-Way for 160.85 feet; THENCE North 89°02'38" East 366.14 feet to a point on said street Right-of-Way; THENCE South 0°57'07" East along said Right -of -Way for 246.47 feet to the POINT OF BEGINNING. is hereby rezoned from Agriculture (AG) to Residential Neighborhood Mixed (RNX), and placed within the OPUD 23-06 overlay. The Concept Plan and Statement of Intent outlined in the OPUD 23-06 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 All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only.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 1215 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. PASSED AND ADOPTED this 17th day of October, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Ordinance 1215 Page 2 of 3 Note: Graphic overlays may N not precisely align with physical Subject OPUD 23-06 features on the ground. Aerial Photo Date: 2023 OZ 23-07 Feet TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: Ordinance 1215, OPUD 23 -06 /OZ 23 -07- Palmer 4 -Plex DATE: October 13, 2023 BACKGROUND: APPROVED BY COUNCIL OCT 17 2023 The Community Development Department received a Planned Unit Development (PUD) application (OPUD 23-06) for Palmer 4 -Flex, a proposed multi - family residential development located near the southwestern corner of the intersection of East 102nd Street North and North 97th East Avenue. A separate rezoning request (OZ 23-07) has been concurrently filed with this PUD application, requesting that the base zoning of the subject property be changed from Agriculture (AG) to Residential Neighborhood Mixed (RNX). SUBJECT PROPERTY /PROJECT DATA: Property Size 2.50 acres +/- Current Zoning Agriculture (AG) Proposed Zoning Residential Neighborhood Mixed (RNX) with an OPUD 23 -06 Overlay Present Use Vacant Land Use Master Plan Residential Within PUD? No Within Overlay District? No Water Provider City of Owasso Applicable Paybacks Ranch Creek Interceptor Sewer Payback Area (Assessed at Platting) ($610.33 per acre) Storm Siren Fee $50 per acre CONCEPT OF A PUD: A PUD is a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. o For example, PUDs often allow developers to place different zonings and land uses in close proximity to each other. o 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. Page 2 of 4 Ord 1215 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 for future "Residential" land uses. RNX zoning is identified as an "allowed" designation within the "Residential' land use category. As such, the proposed rezoning to RNX and the proposed OPUD 23 -06, to allow for quad - plexes, would be consistent with the long -range vision for this location within the GrOwasso 2035 Land Use Master Plan. ANALYSIS: • The subject property was annexed into Owasso City Limits in June 2015 (Ord. 1053). • The applicant is seeking a PUD overlay in order to allow for three (3) quad -plex buildings, for a total of twelve (12) dwelling units on the subject property. If approved, OPUD 23 -06 would therefore prescribe a density of 4.8 dwelling units per acre (DU /AC). o Rezoning request OZ 23 -07, if approved, would change the base zoning of the property from AG to RNX. • Per Section 4.4.4 of the Owasso Zoning Code, a PUD overlay is required for all multi - family developments within the RNX zoning districts. o As such, the applicant is seeking approval of OPUD 23 -06 to allow for a quad -plex development within an RNX zoning district. o The proposed density under OPUD 23 -06 would be well below the maximum density of 12 DU /Ac allowed under straight RNX zoning. • The conceptual site plan submitted for OPUD 23 -06 depicts two (2) points of access, both off of North 97th East Avenue. The exact locations of these access points will be determined at the platting stage. • The OPUD 23-06 document states that parking requirements will be met via a combination of garage and driveway spaces; a total of two (2) parking spaces will be required per dwelling unit. • A screening fence will be required to be located adjacent to any present or future single - family uses, in order to adequately screen the subject property from said uses. o These fencing requirements will be addressed via an eight (8) foot wooden fence, with decorative stone columns, along the northern property boundary. A standard six (6) foot wood fence will also be constructed around the western and southern property boundaries. A fully detailed landscape plan will be required to be submitted for City staff approval at the time of site plan review(s). All landscaping and screening will be required to meet the requirements identified in the Owasso Zoning Code and the OPUD 23 -06 document. Page 3 of 4 Ord 1215 • Signage on the subject property will be limited to a single monument sign, of no more than eight (8) feet in height. All Signage will need to meet the regulations outlined in the Owasso Zoning Code. The City of Owasso will provide police, fire, ambulance, water services, and sanitary sewer services to the subject property. Pending approval of the rezoning request (OZ 23 -07) and the OPUD 23 -06 proposal, the applicant will need to plat the property and submit site plans for review. 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 Estate (RE) Vacant Residential City of Owasso South Agriculture (AG) Vacant Residential City of Owasso Residential Single - Family Residential / Residential / East (RS -3) /Public Facilities Vacant Public & City of Owasso PF Institutional West Agriculture (AG) Vacant /Railroad Residential Tulsa County PLANNING COMMISSION: The Owasso Planning Commission voted 5 -0 to recommend approval of this item at their regular meeting on October 9, 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. Additionally, staff evaluated Oklahoma State Statute, Title 11, Chapter 1, Part 1, Article XXI, Section 21 -101. Following this evaluation, staff concluded that the subject rezoning request meets all of the legal requirements for approval. Page 4 of 4 Ord 1215 As such, staff recommends adoption of Ordinance 1215. ATTACHMENTS: Ordinance 1215 Zoning Map GrOwasso 2035 Land Use Master Plan Map OPUD 23 -06 Document and Exhibits AFFIDAVIT OF PUBLICATION Owasso Reporter 202 E 2nd Ave (918) 272 -1155 I, Deidre Stevens- DiGiovanni, 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: Oct. 25, 2023 Notice ID: OumjgQupE21xhnjL3DIQ Publisher ID: 59079 Notice Name: ORDINANCE 1215 PUBLICATION FEE: $78.67 I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct. Deidre Agent VERIFICATION State of Texas County of Travis kn fpp i< COMMISSIO E %vIFES IIIIIMIhm sm.mar u. Nxb Signed or attested before me on this: 10/25/2023 Notary Public Notarized online using audio -video communication See Proof on Next Page ORDINANCE 1215 - Page 1 of 2 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, October 25, 2023 CITY OF OWASSO, OKLAHOMA ORDINANCE 1215 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AS REFERENCED IN APPLICATION OPUD 23 -06 AND A REZONING AS REFERENCED IN APPLICATION OZ 23-07 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning and a planned unit development 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 -06 and rezoning application OZ 23-07. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land described as follows: in the East Half of the East Half (E½ E½) of Section Thirteen (13), Township Twenty-one (21) North, Range Thirteen (13) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, being more particularly described as follows, to -wit: COMMENCING at the Northeast corner of the SETA; THENCE South 88°30'10" West for 50 feet to a point on the West Right-of-Way of North 97th East Avenue also known as Mingo Road and the POINT OF BEGINNING; THENCE South 0°5737" East along said Right -of -Way for 147.77 feet to the Southeast Corner of Lot 3; THENCE North 60°36'52" West for 473.19 to a point on the East Right-of-Way of AT&SF Railroad; THENCE North 14°16'13" East along said Right-of-Way for 160.85 feet; THENCE North 89°02'38" East 366.14 feet to a point on said street Right-of-Way; THENCE South 0°57'07" East along said Right -of -Way for 246.47 feet to the POINT OF BEGINNING. is hereby rezoned from Agriculture (AG) to Residential Neighborhood Mixed (RNX), and placed within the OPUD 23-06 overlay. The Concept Plan and Statement of Intent outlined in the OPUD 23-06 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. SECTION 5. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED AND ADOPTED this 17th day of October, 2023. Kelly Lewis, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney