HomeMy WebLinkAbout2007.01.09_City Council Agenda_SpecialPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
DATE:
TIME:
PLACE:
Special
January 9, 2007
6:00 p.m.
Old Central Building
109 N. Birch
File
Notice and agenda filed in the office of the Cit Clerk and posted on the City Hall bulletin b d
at 5:00 PM on Friday, January 5, 2007
Julann M. Stevens, Deput City Clerk
1.
2.
3
AGENDA
Call to Order
Mayor Stephen Cataudella
Discussion relating to Community Development Department Items
Mr. Rooney
Attachment #2
A. Proposed Final Plat (2)
B. Proposed Rezoning (1)
Discussion relating to City Manager Items
Mr. Ray
Attachment 43
A. Proposed Zoning Code Amendments (attachment)
B. City Manager Report
4. Adj ournment
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: FINAL PLAT (Tyann Plaza IX)
DATE: January 2, 2007
BACKGROUND:
Kellogg Engineering has submitted an application to the Planning Commission for approval of a
final plat for Tyann Plaza IX, located east of the Owasso Expressway, just south of Tyann Plaza
VII addition and the Tyann Plaza shopping center. The applicant wishes to create three (3) lots
on 4.70 acres for commercial use. A general area map is attached.
EXISTING LAND USE
North: Tyann Plaza
South: Undeveloped
East: Owasso Public Schools
West: Owasso Expressway
DEVELOPMENT PROCESS:
The four primary steps in the development
annexation, zoning, platting, and site planning.
of commercial property in Owasso include
The third step in the development of property is platting. A preliminary plat is required for any
development that proposes to divide land into two or more lots. 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.
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.
ANALYSIS:
The applicant is requesting this review in order to facilitate commercial development on a 4.70
acre tract. The subject property is zoned CS Commercial Shopping Center District. According to
the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios,
restaurants, convenience stores, shopping centers, service stations, etc.
Off site stormwater dentition has been provided for this development to the south in the storm
water detention center currently under construction. The site is within the City of Owasso's utility
service district. It will be provided water and sewer services by the City of Owasso.
The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning
Code. Necessary utility easements have been established along the parameters of the proposed plat
to accommodate essential utility placement and access.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee reviewed the final plat at the December 27, 2006
regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity
to comment on the plat and request any additions and /or concerns. The following TAC
recommendation was addressed:
1. The applicant needs to indicate sidewalks adjacent to all public right of ways.
2. The applicant needs to show Limits of No Access.
3. The property is subject to a $75.00 storm siren fee.
RECOMMENDATION:
The Planning Commission will consider the application at their public hearing to be conducted
on January 8, 2007. Staff intends to recommend approval of final plat subject to the above
conditions.
ATTACHMENTS:
1. Case Map
2. Final Plat
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TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: FINAL PLAT (Kum & Go)
DATE: January 2, 2007
BACKGROUND:
The City of Owasso has received a request to review and approve a final plat proposing two (2)
commercial lots, on approximately 2 acres, located on the northeast corner of East 86th Street
North and Main Street. A general area map is attached.
EXISTING LAND USE
Undeveloped
SURROUNDING LAND USE
North: After the Bell Recreation Center
South: B & M Tire
East: Brookwood Apartments
West: Ator Field
PRESENT ZONING
CG (Commercial General)
DEVELOPMENT PROCESS:
The four primary steps in the development
annexation, zoning, platting, and site planning.
of commercial property in Owasso include
The third step in the development of property is platting. A preliminary plat is required for any
development that proposes to divide land into two or more lots. 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.
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.
ANALYSIS:
The applicant is requesting this review in order to facilitate 2 commercial lots, on approximately 2
acres of property. The Final Plat meets all Owasso Zoning Code Bulk and Area requirements. The
lot and block specifications established in the plat layout are adequate for commercial development.
In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use
Master Plan, as the area is forecasted for commercial development. The proposed final plat
satisfactorily meets the requirements established in the Owasso Zoning Code. The development
will be served water and sewer by the City of Owasso. Utility easements are established throughout
the proposed addition so as to adequately accommodate utility services.
Whenever any subdivision of land is proposed, before any permit for the erection of a structure in
such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and
secure both Planning Commission and City Council approval of a final plat for such proposed
subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively
participate in the physical development and layout of the city.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee reviewed the final plat at the December 27, 2006
regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity
to comment on the plat and request any additions and /or concerns. No concerns were addressed
Infrastructure plans that govern drainage, detention, streets, erosion control, water, and
wastewater will be reviewed concurrently by the City Engineer's office.
RECOMMENDATION:
The Planning Commission will consider the application at their public hearing to be conducted
on January 8, 2007. Staff intends to recommend approval of final plat without condition.
ATTACHMENTS:
1. Case Map
2. Site Drawing
Ator Elementary
Owasso community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: OZ 06 -09
DATE: January 2, 2007
BACKGROUND:
The City of Owasso has received a request to review and approve the rezoning of approximately
150 acres, located at the southeast corner of East 76th Street North and Mingo Road from AG
agricultural to IL industrial. The property is 150 acres, currently undeveloped and zoned AG
agricultural, and was annexed into Owasso in April, 2003. The rezoning request was tabled at the
December 11, 2006 Planning Commission meeting for further staff review of possible deed
restrictions for the property. On December 12, the staff obtained copies of the deeds at the Tulsa
County Courthouse, and confirmed that there are no restrictions attached to the deeds. The staff
requests that the Planning Commission again consider the request at its January 8 meeting. A
general area map has been attached for your review.
EXISTING AND SURROUNDING LAND USES:
The property is undeveloped and is bordered by 761 Street to the North, the SKO railroad tracks
to the east, and Mingo Road to the west. Fin -X Manufacturing and Wild Hairs Smoke Lodge are
north of the site and on the south side of East 76th Street North, while Sertoma, Group Blaksley,
and Owasso Public Works lie north of the property on the North side of East 76th Street. Across
the railroad tracks to the east are a variety of commercial industrial uses including First Bank of
Owasso, a mini - storage development, two wrecker services, and municipal facilities such as the
vehicle maintenance shop, animal shelter, skate park, and wastewater treatment plant. To the
south and west of the site are undeveloped agricultural acreages.
PRESENT ZONING:
The subject property is zoned AG Agricultural, as are the territories to the south and west. Land
north of the property is zoned for agricultural, industrial, and commercial purposes. Properties
east of the railroad are zoned commercially and industrially.
DEVELOPMENT PROCESS:
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
The second step in the development of a piece of property in Owasso is rezoning. 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. Specific development concerns, such as drainage,
traffic, water /wastewater services, and stormwater detention are not able to be considered at the
zoning stage of the development process. Planned Unit Developments (PUD) are specific types
of zoning classifications applied to individual properties with site - specific development
requirements.
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. After the preliminary plat
has been reviewed by the City and various utility companies, construction plans for the
development's infrastructure are typically submitted and reviewed. 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.
ANALYSIS:
The City of Owasso has received a request to review and approve the rezoning of approximately
150 acres from (AG) Agriculture to (IL) Light Industrial. If the rezoning is approved, industrial
uses such as manufacturing facilities could be considered for the 150 acres on the south side of
East 76th Street North. Letters were mailed to surrounding property owners and the legal
advertisement was published in the Owasso Reporter.
The Owasso Land Use Master Plan was revised at the November meeting to allow for the
industrial development. The site is bordered by a mixture of industrial, commercial, and
undeveloped properties, and is located in the southern part of the community, the portion of
Owasso where planned industrial uses are already designated on the Master Plan. The staff finds
that the proposed land use would be compatible with the uses located on these nearby properties.
While there are no specific developments that have made formal applications to the City for the
property to this point, the site is being marketed to industrial uses. Different industrial users
have reviewed the site, and are considering pursuing industrial developments for the property.
LAND USE CONCERNS - One concern expressed by Planning Commission members in
December about the rezoning request was that perhaps the land on the south side of East 76th
Street North, in the northern part of the property, would be better suited for commercial purposes
than industrial purposes, since this part of 76th Street is a significant gateway into Owasso. In
evaluating this concern, the staff has noted the two primary land use questions that have guided
the City's land use policies: 1) What is the highest and best use of the property, and 2) What are
the predominant development patterns in the area?
In responding to the first land use question, the staff has found no example over the past 15 years
of a commercial user (retail, restaurant, etc.) expressing interest in the subject site; commercial
use would not be the highest and best use of the property because commercial users do not want
to locate there. However, there have been seven separate industrial users express interest in
locating at the site over the past five years. Together, these expressions of market interest
indicate that the highest and best use of the property is industrial.
Development patterns in the area are predominantly agricultural /undeveloped and industrial. On
the south side of East 70 Street North to the west of the railroad, are two industrial properties
and one retail property (Wild Hairs Smoke Lodge). Across the street to the north are one
industrial development, one service club, and the municipal public works offices. East of the
site, across the railroad, are a series of industrial uses and a bank. Of course, agricultural land
lies south and west of the property. The staff finds that as the area has developed, most of that
development has been for industrial use, and a rezoning of the subject property for industrial
purposes would be consistent with the predominant development pattern.
Further, the staff finds that East 76th Street is indeed an important gateway into the community;
however, this gateway could be enhanced by development whether that development is industrial
in nature or is some other type of land use. Much of the Cherokee Industrial Park to the west is
developed with campus -like settings, and there is no reason to believe that the subject property
would be inappropriate for a development that is similar in appearance to those in the industrial
park.
CONCERNS ABOUT DEVELOPMENT OF FLOOD PRONE PROPERTY — While the staff is
sensitive to the legal rezoning standard that development conditions may not be considered as a
basis for making a land use decision such as this request, it is proper to address the concerns that
were expressed by citizens at the December Planning Commission meeting.
Much of the subject site lies within the floodway and floodplain. Development of the floodway
is forbidden. Before any development, fill, grading, building, or other activity takes place in the
floodway portion of the property, the Federal Emergency Management Agency (FEMA) must
remove the property from the floodway. Such an amendment to the floodway must prove
unconditionally that no flood levels anywhere will be impacted by development of the site.
Development of the floodplain portion of the site must be accompanied by an approved flood
development permit. A permit was approved for filling portions of the floodplain at the subject
site on September 3, 2003.
Further, if the U.S. Army Corps of Engineers finds that wetlands conditions exist, development
of those wetlands is prohibited. The Corps of Engineers did determine that wetlands were not
present on the portion of the property that has been filled.
RECOMMENDATION:
The Planning Commission will consider the application at their public hearing to be conducted
on January 8, 2007. Staff intends to recommend approval of OZ 06 -09.
ATTACHMENTS:
1. General Area Map
2. Aerial photograph showing floodway and floodplain
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Owasso Community
Development Department
111 N. Main St.
Owasso, Old 74055
918.376.1500
918.376. 1597
www.cityofowasso.com
OZ 06 -09
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: DRAFT OF PROPOSED UPDATE TO THE OWASSO ZONING CODE
DATE: January 5, 2007
BACKGROUND:
At the October and November City Council work sessions, the staff presented the proposed update to
the Owasso Zoning Code. The Code was last adopted on June 5, 1984. With the update, the staff
seeks to make the code easier to use and understand, while at the same time improving the safeguards
that the Code provides to citizens who may be impacted by nearby development. Earlier in the
process, the staff received input on the proposed zoning code from the City Council and from
individual Planning Commission members, developers, and members of the Owasso Economic
Development Authority (OEDA). That input was then used to revise the proposed Code, which was
be presented to the public, City Council, Planning Commission, OEDA, and the development
community at a series of public meetings in November and December.
Much of the recent discussion surrounding the proposal has focused on two issues: the concept of
"earning the way to density" that would allow PUDs to exceed four houses per acre if certain quality of
life issues are addressed, and the proposal to have site plans reviewed by the Technical Advisory
Committee and approved by the Community Development Department instead of the Planning
Commission. This memorandum addresses the status of these two issues of discussion.
PROPOSED CHANGES TO REGULATIONS FOR PLANNED UNIT DEVELOPMENTS:
The primary focus of discussion related to the proposed changes for PUDs has
centered on the number of dwelling units per acre that would be allowed within such
developments. The proposed code would limit the number of houses within a PUD to
four per acre. The maximum number of dwelling units permitted within a PUD may be
increased to 5 dwelling units per acre if the following conditions are met:
1) dwelling units within the PUD are a minimum of 1,800 square feet in floor area,
2) the dwelling units within the PUD have at least a 70% masonry exterior,
3) each dwelling contains at least a two -car garage, and
4) at least four of the following amenities are provided: a) a trails system, other than
required sidewalks, b) a neighborhood swimming pool, c) a neighborhood park, d)
masonry screening around the perimeter, e) irrigated landscaping at the
development entrance, f) decorative, pedestrian- oriented streetlights, or g) other
amenities as may be determined by the Community Development Department and
Planning Commission to significantly improve the quality of life in the
development.
The requirements for masonry exteriors and two -car garages have been added as the result of input
gathered at the meeting with developers and subsequent discussions with city council members. With
these proposed changes, the staff seeks to increase the sustainability of neighborhoods. These changes
would limit the number of PUDs that are created for no other purpose than to increase lot yield. While
lot yield is important, the pre - eminent concern must be ensuring that neighborhoods within Owasso
offer a quality of life standard that helps to maintain the neighborhoods' long term vitality and value.
PROPOSED CHANGES RELATED TO SITE PLAN REVIEW:
Currently, site plans are reviewed by the Technical Advisory Committee (TAC) and approved by the
Planning Commission, with any appeals of the Planning Commission decision being taken to the City
Council. Over the last five years, the requirements for site plans have become significantly more
technical in nature, and site plans have evolved from being vague, one -page concept drawings to being
involved, multi -page site development layouts. Today's review of site plans resembles that of the
review given to building construction plans and engineering design for infrastructure. No longer is it
practical for site plans to be fully reviewed by the Planning Commission within the limited time afforded
to them at a public hearing, especially when the agenda contains several planning items and when
citizens and applicants alike are waiting for the outcome of such review.
The inherent purpose of the Planning Commission is to review land use policies and to make
recommendations about how those policies should be implemented. Annexations, comprehensive
plans, zoning requests, and subdivision plats are all examples of development issues dealing with land
use policy. Site plans differ from these other development issues in that site plans are prepared in
accordance with specific regulations already adopted by the City, and lend themselves more towards a
detailed technical review than towards a brief check by the Planning Commission at a public hearing.
The proposed zoning code would require that site plans still be reviewed by the TAC. However,
instead of being reviewed further by the Planning Commission prior to approval, the site plans would
be approved by the Community Development Department. Any appeals of the TAC review or the
Community Development decision would still be taken to the City Council, as they are now.
PLANNING COMMMSION REVIEW AND RECOMMENDATION:
At their December 11, 2006 meeting, the Planning Commission conducted a public hearing to discuss
the zoning code proposal. No citizens were present to comment on the issue. At the public hearing,
the Planning Commission voted 4 — 0 to recommend approval of the proposed code, with the
exception of the proposed change in site plan review. Concerns expressed by Planning Commission
members about the site plan change focused on a belief that political pressure could accompany site
plan reviews, and that the municipal staff would be less likely to withstand such pressure than the
Planning Commission would be.
STAFF RECOMMENDATION:
The staff intends to recommend that the City Council approve the proposed zoning code in its entirety,
including the change that would have site plans be approved by the Community Development
Department.
ATTACHMENTS:
1. Planning Commission input about the zoning code proposal from the December 11 meeting
2. Proposed Site Plan Review section 660
3. Current Site Plan Review section 660
4. Proposed Planned Unit Development chapter for the zoning code
Planning Commission Input about the Revised Zoning Code Proposal
1. Dan Draper — Disagrees with removing site plans from Planning Commission
review and approval. "I believe this eliminates a level of transparency and
opportunity for public and /or independent PC review /analysis, which is
inconsistent with the stated purpose on page one of "improving the safeguards
that the Code provides to citizens who may be impacted by nearby
development." We have all seen/dealt with the extremely sensitive issues
being created by the nature and degree of development in Owasso, and its
impact on existing development. I believe an independent, or supplemental,
or whatever you want to call it, review /analysis by the PC, including
opportunity for public comment, is warranted and proper, and would not
overburden developers. I also question somewhat the stated reasons for the
proposed change as being the "technical nature of site plan reviews in order to
determine their compliance" and also that it would save two weeks time. I
believe any stated/unstated reasons/problems /issues trying to be solved by this
proposed changed can be approached more directly or in a different manner
than removing this layer of review, transparency and opportunity for public
comment, which has apparently served the City well since at least 1984."
2. Dan Draper — Questions the feasibility /propriety of the parking screening
requirement in many circumstances; is satisfied that unique situations could be
addressed by the Board of Adjustment.
3. David Vines — Wanted clarification that 5' side yard setbacks would be
measured from the wall of the building, not the overhang of the roof.
4. Kevin Vanover — Concerned about political pressure that could accompany
site plan applications. "The Planning Commission doesn't bow to emotion or
politics as much as the staff has to."
5. Kevin Vanover — The zoning code should include day cares in the separation
requirements for sexually oriented businesses.
6. Kevin Vanover — Wants to add a seventh purpose to the PUD regulations: To
reduce the impacts of development upon its surrounding environment.
7. Kevin Vanover — Wants to include a neighborhoods perimeter right of way
with the list of types of common area that a homeowners association must
maintain.
8. Kevin Vanover — Wants to continue regulating the number of loading berths
that commercial establishments must have.
9. Kevin Vanover — Wants to require screening for substations and cell towers.
10. Kevin Vanover — Dislikes the promulgation of rules concept for changing
regulations related to outdoor lighting, landscaping, signage, and cell towers.
Believes that such promulgation of rules would increase the pressure on the
city manager to change regulations that have not been properly examined or
thought out.
11. Kevin Vanover — Wants to change the landscape regulations to allow for four
shrubs to count as one required tree only up to 50% of the required trees for a
development.
12. Kevin Vanover — Wants to change the Planning Commission bylaws to
include a requirement that the minutes of all Planning Commission meetings
be audio recorded.
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
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.
660.2 Application for Site Plan Review
An application for site plan review shall be filed with the Community Development staff.
The plan must show information showing compliance with applicable sections of this
code and all other applicable city codes and ordinances. Appeals from denial of the
Community Development staff shall be made to the City Council.
Site Plan application packets must be submitted to the Community Development
Department no later than the I" Business Day of the Month in which the Owasso
Technical Advisory Committee will address the Site Plan. The Site Plan shall be
accompanied by an application and checklist, as provided by the City Planner, in the
following format and with the following information:
• Fifteen (15) Full Size Copies (24 "x 36 ")*
• Ten (10) '/z Scale Copies*
• One 8 '/2" x 11" Copy
*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.
• 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
• Dimension and square footage.
• Building height.
• Proposed building finished floor elevation
• Dimension building(s) to property lines and distances between buildings
• Label each building with the proposed use
Site Plans must show the following information regarding existing streets adjacent to the
development site:
• Right -of -way and pavement widths.
• Existing, proposed and anticipated street names and classifications.
• Existing and /or proposed access points.
• Acceleration and deceleration lanes (required on arterial streets).
• Traffic Island and other traffic control devices.
• 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).
Section 650.1 within one thousand (1,000) feet of any other sexually -
oriented business, or within five hundred (500) feet of a church, school,
(type which offers a compulsory education curriculum), public or private
park, or within three hundred (300) feet of areas zoned residential or
within three hundred (300) feet of a nonarterial street which provides
access to a residentially zoned area. Provided further that the Board of
Adjustment may permit by Special Exception sexually - oriented businesses,
as defined in Section 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 busi-
ness, 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 acti-
vity 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
By reason of potential adverse effects on public services or to
neighboring land uses, site plan review and approval is required for any
commercial developments for the purposes 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.
660.2 Application for Site Plan Review
An application for site plan review shall be filed with the planning com-
mission staff. The application shall be in such format and content as the
planning commission may by resolution establish, with at least three (3)
copies of the site plan submitted. The plan must show information showing
compliance with applicable sections of this code and all other applicable
city codes and ordinances. The planning commission may delegate and
assign the review and approval of site plan to its staff on tracts less
than 18,000 square feet or structure amendment of less than 2,000 sq. ft.
or 10% (whichever is greater). Appeals from denial of staff shall be made
to to the planning commission.
660.3 The Site Plan Shall Contain:
(a) Proposed location of uses, including off - street parking design
and layout (see Chapter 11 for minimum required dimensions and
design standards) open spaces and public uses;
(b) Location, height, and size of buildings and other structures.
40
(c) Proposed location of all existing or proposed site improvements
including curb lines, curb cuts and their radii, neighboring
curb cuts, drains, culverts, retaining walls and fences;
(d) Internal public and private vehicular and pedestrian circulation;
(e) Proposed location and development of buffer areas, screening and
landscaping;
identifiable segment of the development;
(g) A computation of lot area, building floor area, and building
coverage for each type of proposed use;
(h) Proposed location, height, and size of any ground sign;
(i) Sufficient surrounding area to demonstrate the relationship of
the development to adjoining uses, both existing and proposed;
(j) Existing topographic character of the land including identifica-
tion of floodplain areas, treed areas, slope analysis and soil
analysis;
(k) An explanation of the character of the development.
(1) Off- street parking shall be required for all commercial zones,
including CH. Adequate offsite off - street parking may be pro-
vided for CH tracts within a 1000 foot radius.
41
CHAPTER 8
PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS
810 General Description.
820 Standards of Development.
830 Procedures for Obtaining PUD Zoning.
840 Amendments.
850 Administration and Enforcement.
860 Overlay District.
SECTION 810 GENERAL DESCRIPTION
It is the intent of this Section to encourage developments with superior living
environments brought about through unified development and to provide for the
application of design ingenuity in such developments while protecting existing and future
surrounding areas in achieving the goals of the Owasso Land Use Master Plan. The PUD
Planned Unit Development District herein established is intended to provide for greater
flexibility in the design of buildings, yards, courts, circulation and open space than would
otherwise be possible through the strict application of other district regulations, and to
produce:
1. A maximum choice in the types of environment and living units available
to the public;
2. Open space and recreation areas;
3. A pattern of development that preserves natural features and prevents soil
erosion;
4. A creative approach to the use of land and related physical development;
5. An efficient use of land resulting in smaller networks of utilities and
streets and thereby lowering costs; and
6. An environment of stable character in harmony with the surrounding
development.
7. A reduction in the potential impact of new development on the
surrounding environment.
The PUD Planned Unit Development Regulations are designed to provide for small- and
large -scale development incorporating a single type or a variety of residential,
commercial, and related uses that are planned and developed as a unit. Such
development may consist of individual lots, or it may have common building sites.
Private or public common land and open space must be an essential and major element of
the Plan, because these areas are related to and affects the long -term value of the homes
and other development. A planned unit shall be a separate entity with a distinct
character, but shall also be harmonious with surrounding development.
SECTION 820 STANDARDS OF DEVELOPMENT
1. Ownership Control
The land in a Planned Unit Development District shall be owned, leased, or
otherwise controlled by a person, firm, group of individuals, partnership,
corporation, or trust, provided assurances are given through the procedures
contained herein that the project can be successfully completed.
A Property Owners' Association shall be required for each PUD within Owasso.
The Property Owners' Association shall be formed and operational by the time
that seventy percent (70 1/o) of the lots within the PUD have been permitted for
development. Lots owned by the developer may not be assessed differently by
the Property Owners' Association than lots that are not owned by the developer.
The Property Owners' Association shall be responsible for the maintenance of all
common areas, reserve areas, and adjacent rights of way for the development.
2. Minimum District Area
The minimum area for a PUD shall be three (3) acres, unless the development is
solely multi - family residential in use. In calculating the minimum area for a
PUD, the measurements shall include the area of all dedicated streets entirely
within the boundary of the proposed PUD and one -half of all boundary or
perimeter streets.
3. Uses Permitted
In order to increase creativity and flexibility in the development of areas suitable
for a PUD, there are no specifically prescribed uses that are permitted within the
boundaries of a PUD. The developer shall be responsible for preparation of a list
of permitted uses within the specific PUD requested. The development of the list
shall take into account the nature and purpose of the PUD area, and such uses and
locations shall be appropriate in order to protect and be in harmony with
surrounding development. At the time of the Pre - Application plan and
conference, the applicant shall generally describe the nature and types of land
uses to be located within the boundaries of the PUD. At the time of zoning
application and consideration of the preliminary plat, a specific written list of uses
to be "permitted by right" shall be submitted for review by the Planning
Commission. Following approval by the Planning Commission and City Council,
the list of specific uses permitted by right shall serve as the control list in issuance
of building permits and certificates of occupancy.
4. Parking and Off - Street Loading
All uses established within a PUD shall comply with the off - street parking and
loading requirements as established in the Owasso Zoning Code. However, the
requirements for individual structures or lots may be met through either provision
of adequate parking on the lot on which such structure is located or upon adjacent
property that is under the control of a Property Owners' Association to which said
lot is an automatic participant. In no case, however, shall the cumulative
requirements for all parking and off-street loading requirements be less than if
said uses were individually established and located in any other zoning district
within the City.
5. Perimeter Requirements
In order to assure compatibility with surrounding development, the developer
shall submit specific information as to the setbacks, building height, coverage
factors and other elements necessary for all perimeter lots that are adjacent to the
boundary of the PUD or adjacent to any boundary or perimeter street right -of-
way. While no specific setback requirements are herein established, the Planning
Commission and City Council shall consider the nature, extent and character of
the adjacent development and shall take into consideration the types of area
regulations applicable to adjacent properties.
6. Residential Density Standards
The maximum number of dwelling units permitted within a PUD is dependent
upon both the type and number of each type of residential unit intended to be
included in the PUD. Densities within certain areas of the PUD may be beyond
the overall limits through a transfer of density. However, overall project densities
shall not be exceeded in accordance with the following schedule:
a. Four (4) dwelling units per acre for single- family detached houses
b. Eight (8) dwelling units per acre for two - family dwellings
C. Twelve (12) dwelling units per acre for single- family attached houses
(town homes)
d. Fifteen (15) dwelling units per acre for triplexes and fourplexes
e. Twenty -one (21) dwelling units per acre for low -rise (three (3) stories
or less) apartments
When calculating acreages, the developer shall include the PUD site plus all
public rights -of -way, all parcels within the PUD devoted to other types of
uses, and all common open space.
The maximum number of dwelling units permitted within a PUD may be
increased to 5 dwelling units per acre if the following conditions are met:
1) dwelling units within the PUD are a minimum of 1,800 square feet in floor
area,
2) the dwelling units within the PUD have at least a 70% masonry exterior,
3) each dwelling contains at least a two -car garage, and
4) at least four of the following amenities are provided: a) a trails system,
other than required sidewalks, b) a neighborhood swimming pool, c) a
neighborhood park, d) masonry screening around the perimeter, e)
irrigated landscaping at the development entrance, f) decorative,
pedestrian- oriented streetlights, or g) other amenities as may be
determined by the Community Development Department and Planning
Commission to significantly improve the quality of life in the
development.
SECTION 830 PROCEDURES FOR OBTAINING PUD ZONING
A three -step review procedure is required for obtaining PUD zoning and final approval of
the final plan and plat. The first step involves a Pre - Application Plan and Conference
that is designed to provide information to the local government of the developer's
intention with respect to the nature and scope of the proposed PUD and to allow the
developer to be informed of the City's regulations and policies concerning development
alternatives for the area. The second step involves submission of a formal application for
rezoning of the area to a PUD District and simultaneous submission of a preliminary plat
in accordance with the Owasso Subdivision Regulations. The last step involves
submission of the final development plan and plat for approval and recording prior to
commencing building construction. These steps are outlined as follows with respect to
the procedure followed and submission requirements at each step.
830.1 Pre - Application Plan and Conference
A. Procedure
1) A Pre - Application Plan shall be submitted to the Owasso Community
Development Department for review of the area and proposed uses
relative to the compatibility of a PUD project with existing development
in the surrounding area and the Master Land Use Plan.
2) Each applicant shall confer with the Community Development Department
and other interested departments in connection with the preparation of the
PUD application. It shall be the responsibility of the Community
Development Department to contact and invite interested departments and
other parties to a joint meeting. The general outlines of the proposal,
evidenced schematically by the Pre - Application Plan and such other
information as may be desired, are to be considered before submission of
the PUD application.
3) Upon review of the site plan and general area, and following completion
of the Pre - Application Conference, the Community Development
Department shall furnish the applicant with written comments regarding
the conference, including appropriate recommendations to inform and
assist the applicant prior to preparing the components of the PUD
application.
B. Submission Requirements
At the time of requesting a Pre - Application Conference, the applicant shall
submit a scaled site plan and such other narrative or graphic information
the applicant deems pertinent to the City's initial review and evaluation of
the potential of the PUD District proposed. The Pre - Application Plan
shall include the following:
1) Boundaries of the property involved;
2) Existing zoning of the area and zoning of adjoining properties;
3) Existing roadways, easements, and waterways;
4) Indication of availability of all utilities;
5) General plan of development at a level of detail sufficient to indicate to
the City the nature and scope of the project as to its magnitude in terms of
approximate number and types of dwelling units, location and extent of
nonresidential elements, proposed locations of major open space areas,
circulation and access.
830.2 Zoning Application and Preliminary Plat
After receiving written comments following the Pre - Application Conference, the
applicant may proceed in preparing a formal application for a PUD to the Owasso
Planning Commission. The application shall consist of a simultaneous
submission of a preliminary plat and a rezoning application. The preliminary plat
shall conform to all requirements contained in the Owasso Subdivision
Regulations with the exception of certain design requirements regarding lot,
setbacks, etc. that are specifically exempted or modified by provisions of this
Ordinance. The application shall be processed as a re- zoning application.
Submission Requirements
The applicant shall simultaneously submit both a preliminary plat and a rezoning
application. The preliminary plat shall be prepared in a manner as prescribed in
the Owasso Subdivision Regulations. To form the basis for the rezoning
application, a preliminary plat shall be submitted that includes at least the
following information:
1) Proposed title of the project and name of any engineer, architect, land planner,
surveyor, or company responsible for various elements of the plat.
2) North arrow, graphic scale, and date.
3) Certified boundaries of the properties involved, all existing easements, section
lines and property lines, existing streets, existing buildings, water courses,
waterways and lakes, and other existing physical features in and adjoining the
project.
4) Location and sizes of sanitary and storm sewers, water mains, culverts and
other underground structures in and adjacent to the project.
5) Topography of the project area with appropriate contour intervals as
prescribed in the Owasso Subdivision Regulations or the Owasso Engineering
Design Criteria.
6) General Land Use Development Plan of the area indicating the location of
different land uses, dwellings by types and numbers, areas designated for
commercial uses and other nonresidential uses, and areas proposed for open
space and recreational use. For all residential areas, the site plan shall clearly
indicate the type and number of dwellings to be located per parcel, lot, or
block in accordance with the preliminary plat. For all commercial or other
nonresidential uses, the areas shall clearly be indicated in accordance with
lots, parcels, or blocks and each such parcel shall indicate the type of building
proposed, number of stories, and gross square footage to be included on each
parcel. The boundaries of all open space areas shall be clearly indicated along
with the form of proposed ownership, that is by Property Owners' Association
or public park or other legal entity, and in such case where more than one
Property Owners' Association is being created, documentation shall be clearly
submitted as to which areas will have automatic membership into said
associations. This requirement, however, shall not be interpreted as requiring
a detailed site development plan that includes the exact boundaries and
locations of all structures proposed for construction.
7) All building setback lines for all properties shall be shown
8) If the project is to be developed in more than one phase, the boundaries of
each proposed phase shall be clearly indicated on the site plan map.
9) Calculations shall be submitted of the total number of gross acres in the
project, and the acres and percentages thereof, proposed to be devoted to the
several dwelling types, commercial uses, other nonresidential uses, streets,
parks, schools, and other reservations.
10) Tabulation of the total number of dwelling units by various types in the
project and the total number of net residential acres within the project, or if
the project is to be developed in phases, by each phase within the project. The
tabulations shall so indicate conformance of the proposed project or each
phase within the project to the residential density standards for the PUD
District.
830.3 Final Plan and Plat
Upon the approval of the rezoning request by the City Council, the applicant may
proceed with the preparation of the final plan and plat. The final plat shall meet
all applicable requirements of the Owasso Subdivision Regulations and shall be
processed in accordance with those Regulations. The applicant shall submit a
written and graphic description of any modifications made to the final plat from
the approved preliminary plat.
If it is determined that no changes have been made from the preliminary plat, or if
only minor plan changes have been made in accordance with the definition
provided below, then the review by the Owasso Planning Commission may
proceed and the plat may be submitted to the Planning Commission and City
Council for approval. If approved, the plat shall be filed in the County Clerk's
office upon completion of the above information.
SECTION 840 AMENDMENTS
Amendments may be required either to the preliminary plat or the final development
plan. The procedure governing the disposition of amendments shall be as follows:
840.1 Amendments to the Preliminary PUD Plan
At the time a final PUD plan is submitted for review, it shall be determined whether or
not any amendments have been made to the approved preliminary PUD plan. If
amendments have been made, then a determination shall be required as to whether or not
said amendments constitute a major or minor plan change. Modifications from the
previously approved preliminary PUD plan shall be deemed by the staff to be minor plan
changes if any and all modifications by the applicant:
A. Do not vary the total number of dwelling units by more than thirty percent
(30 %);
B. Do not involve a reduction of the area set aside for common open space
such that the resulting common open space area is less that 20% of the
PUD development area;
C. Do not increase by more than thirty percent (30 %); and
D. Do not substantially change the location of any nonresidential areas as
shown on the preliminary PUD plan.
Additionally, modifications in the location or design of minor streets, cul -de -sacs, alleys,
or facilities for water and for disposal of stormwater and wastewater shall not be
considered as major modifications.
All other changes in the PUD, including changes in the site plan and development
schedule, must be made under the procedures that are applicable to the initial approval of
a PUD project.
840.2 Amendments to Final PUD Plan
The final PUD plan, as approved by the Planning Commission and City Council, may be
amended in accordance with the following procedure. Minor changes may be authorized
by the City Planner in such cases where changes are required by engineering or other
circumstances not foreseen at the time the final PUD was approved. No change
authorized by the City Planner under this section, however, may either increase the total
area devoted to any and all nonresidential uses, or decrease the amount of area devoted to
common open space or increase the total number of dwelling units located on any lot,
block, or parcel as approved in the final PUD plan. Notwithstanding any of these
conditions, the City Planner may not permit changes beyond the minimum or maximum
requirements set forth in this Ordinance. All other changes in the PUD, including
changes in the site plan or the development schedule, must be made under the procedures
that are applicable to the initial approval of a PUD.
SECTION 850 ADMINISTRATION AND ENFORCEMENT
850.1 Review Standards
The Planning Commission shall investigate and ascertain that the plans for a PUD meet
the following conditions:
A. That the tract of land for the entire project comprises not less than three (3) acres.
B. That the project is in conformity with the requirements and standards of
development of the PUD District and is consistent is the intent and purpose of this
section.
C. That the proposed project constitutes an environment of sustained desirability and
stability, and that it is in harmony with the character of the surrounding
neighborhood.
D. That the property adjacent to the proposed development will not be adversely
affected.
The City Council shall review the recommendations sent forward by the Planning
Commission and take one of the following actions:
A. Approve the PUD as recommended by the Planning Commission and approve the
rezoning request.
B. Approve the PUD as amended by the City Council and approve the rezoning
request.
C. Deny the rezoning request.
The City Council shall apply the review standards stipulated in this section in reviewing
the PUD.
850.2 Recorded Plat and Plot Plan Required
The proposed development shall follow all applicable procedures, standards, regulations,
and laws governing the subdivision of land. No building permit for any structure shall be
issued until a final plat of the proposed development or part thereof is approved and
recorded and an approved plat plan has been submitted in accordance with this Article.
850.3 Phasing and Development Schedule
The applicant is permitted to construct the PUD in more than one phase or stage of
construction. In such cases, the applicant shall clearly indicate on the site plan map the
boundaries of each proposed phase. If the sequence of construction of various portions of
the development is to occur in phases or stages, then the open space and/or recreational
facilities should be developed or committed thereto in proportion to the number of
dwelling units intended to be developed during any given stage of construction.
Additionally, the applicant shall submit a schedule of construction for the project or for
each phase within the project indicating the sequence of development according to
residential type and other nonresidential construction within the project. Upon adoption
of the schedule of construction, the Community Development Department shall be
responsible for enforcing this schedule. If the Community Development Department
determines that the rate of construction of residential units or nonresidential structures
differs from the construction schedule, the department shall so notify the developer in
writing. Thereafter, the Community Development Department may issue such orders to a
developer as necessary to correct said schedule, and upon continued violation of this
subsection may suspend the developer from further construction of dwelling units or
nonresidential structures until compliance is achieved.
850.4 Guarantee of Completion
Before approval of the final development plan, the Planning Commission shall require a
contract with safeguards satisfactory to the Commission guaranteeing completion of the
development plan for any single phase in a period to be specified by the Commission, but
that period shall not exceed five (5) years unless extended by the Commission.
850.5 Causes for Revocation
The Planning Commission may recommend to the City Council that any previous PUD
approval be revoked and all building permits be voided under the following
circumstances:
A. If the applicant has not submitted a final development plan to the City within two
(2) years of preliminary plan approval. Where an optional staged development
plan is utilized, the affected portion of the approved preliminary plan may be
revoked in its entirety or to the extent of that portion on which a final
development plan/plat has not been submitted and approved.
B. If no building permit has been issued within three (3) years from the recording
date of the final development plan/plat, or initial plan of a staged final
development plan/plat and the applicant has not been granted an extension.
C. If the applicant does not adhere to the phased development schedule as stated in
the approved preliminary development plan.
D. If the construction and provision of all common open spaces and public and
recreational facilities that are shown on the final development plan/plat are
proceeding at a substantially slower rate than other project components.
From time to time, the Planning Commission may compare the actual development
accomplished with the approved development schedule. If the Commission finds that the
rate of construction of dwelling units or other structures is substantially greater than the
rate at which common open spaces and public recreational facilities have been
constructed and provided, then the Planning Commission may initiate revocation action
or cease to approve any additional final development plans/plats if preceding phases have
not been finalized. The City may also issue a stop work order or discontinue issuance of
building permits, or revoke those previously issued. If project is revoked, it would revert
to previously determined zoning district.
SECTION 860 OVERLAY DISTRICT
860.1 General Description
It is the purpose and intent of the Overlay District to provide enhanced standards to
protect and enhance the unique characteristics of specific areas and/or corridors while
providing for development opportunities. These characteristics may include natural
scenic beauty, manmade features or other features. Overlay Districts may also be used to
protect or facilitate a particular design theme established through specific architectural
styles or periods, or to protect or facilitate site plan conventions such as setbacks that are
both minimums and maximums. The purposes of any Overlay District may include:
1. Promoting the safe and efficient use of specific roadways by controlling
access and other traffic measures.
2. Encouraging the redevelopment of an area consistent with a particular design
theme.
3. Minimizing the detrimental impact on hillsides, watercourses and other
significant natural features.
4. Giving special attention to landscaping, buffering, signage, lighting and
building setbacks in those districts identified as needing special attention.
5. Giving special attention to the existing architectural style or to the style that is
planned, so as to create an easily identifiable area in those areas identified as
architecturally significant.
860.2 Establishment of Overlay Districts
The City Council of the City of Owasso may adopt Overlay Districts as the needs are
identified in order to implement specific purposes, intents, and design standards based
upon the adopted Land Use Plan for the area being regulated, which shall be applied as
additional standards to other ordinance regulations required by the City. Such Overlay
Districts shall be made a part of the Zoning Ordinance. Upon adoption, the boundaries of
such Overlay Districts shall be shown on the Zoning Map of the City of Owasso.
860.3 Development Criteria
The development criteria for each Overlay District shall be those standards as set out in
each Overlay District.