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HomeMy WebLinkAbout302_Amend Ch 4 Amending Zoning Code_Townhouses_Amend Ord. 175974531 BOOK 4552 PAGE 1659 ORDINANCE NO. 302 AN ORDINANCE RELATING TO PLANNING AND ZONING REQUIREMENTS; AMENDING ORDINANCE NO. 175; AMENDING THE CITY OF OWASSO REVISED ORDINANCES CHAPTER 4; AMENDING THE PURPOSES OF RESIDENTIAL DISTRICTS THEREOF; AMENDING AND ADDING TO PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS; AMEND- ING AND ADDING TO THE BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY; RE- PEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OWASSO, OKLAHOMA; to wit: Section 1 That Chapter 16, PLANNING AND ZONING, Owasso City Code, as amended, CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS, SECTION 400, PURPOSES OF RESIDENTIAL DISTRICTS, be and the same is hereby amended by adding thereto the following to wit: 400.41 Purposes of the RTH Residential Multi- Family Townhouse District. The RTH District is designed to permit the development of attached single - family townhouse dwellings, on separate lots, which are designed expressly for separate ownership, in suitable residential environments at a higher density than conventional detached single - family dwellings. Section 2. That Chapter 16, PLANNING AND ZONING, Owasso City Code, as amended, CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS, SECTION 410, PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS, be and hereby is amended to add the principal uses permitted for an RTH district category to read as follows to wit: Section 410 PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS. The Principal Uses Permitted in the Residential Districts are designat- ed by use unit. The use units are groupings of individual uses and are fully described, including their respective off - street parking, loading and screening requirements and other use conditions in Chapter 10. The use of RS, or RD District for access to any RM, 0, C, or I District, or the use of an RM District for access to any 0, C, or I District is pro- hibited unless permitted through an approved Planned Unit Development, or as authorized by Section 1480 SPECIAL EXCEPTIONS, CHAPTER 14, BOARD OF ADJUSTMENT for off - street parking. The use units permitted in Residential Districts are set forth below in Table 1. Table 1 Use Units Permitted in Residential Districts* (Chapter 10) *X Use by Right; E Special Exception. * *Duplexes permitted in RS -3 only. ** *Multifamily townhouse dwelling only. Chapter 10 Use Units Districts No. Name RE RS RD RTH RM RMH 1. Area -Wide Uses by Right X 2. Area -Wide Special Exception Uses E 4. Public Protection & Utility Facilities 5. Community Services, Cultural, and Recreational Facilities 6. Single - Family Dwelling 7. Duplex Dwelling 8. Multifamily Dwelling and Similar Uses 9. Mobile Home Dwelling *X Use by Right; E Special Exception. * *Duplexes permitted in RS -3 only. ** *Multifamily townhouse dwelling only. BOOK 4552 PAGE 1660 Section 3. That Chapter 16, PLANNING AND ZONING, Owasso City Code, amend- ed, CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS, SECTION 430, BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS be and hereby is amended to add the bulk and area requirements for an RTH district category to read as follows to wit: 430.1 Bulk and Area Requirements in the RE, RS, RD, RTH, and RM Districts are shown in Table 3 on the following page. Table 3 Bulk and Area Requirements in the RE, RS, RD, RTH and RM Districts Lot Area (min. sq. ft.) One Family 24,000 13,500 9,000 7,000 6,900 6,900 7,000 7,000 Two Family 6,900 6,900 7,000 7,000 Multi - Family (other than RTH) 10,000 6,000 Land Area Per D.U. (min. sq. ft.) One Family 28,375 16,000 10,875 8,500 8,400 8,400 8,500 8,500 Two Family 4,200 4,200 4,250 4,250 Multi- Family (other than RTH) Less than two bedrooms 3,100 2,400 Two or more bedrooms 4,356 3,100 TOWNHOUSE DEVELOPMENT * ** Development Width (min. ft.) DISTRICT 70 70 RE RS -1 RS -2 RS -3 RD RTH RM -1 RM -2 Lot Width (min. ft.) 1,600 1,600 1,600 One Family 150 ** 100 75 65 60 60 60 60 Two Family 60 60 60 60 Multi- Family (other 3,600 2,200 2,200 than RTH) 100 50 Lot Area (min. sq. ft.) One Family 24,000 13,500 9,000 7,000 6,900 6,900 7,000 7,000 Two Family 6,900 6,900 7,000 7,000 Multi - Family (other than RTH) 10,000 6,000 Land Area Per D.U. (min. sq. ft.) One Family 28,375 16,000 10,875 8,500 8,400 8,400 8,500 8,500 Two Family 4,200 4,200 4,250 4,250 Multi- Family (other than RTH) Less than two bedrooms 3,100 2,400 Two or more bedrooms 4,356 3,100 TOWNHOUSE DEVELOPMENT * ** Development Width (min. ft.) 70 70 70 Lot Width (min, ft.) 20 20 20 Lot Area (min. sq. ft.) 1,600 1,600 1,600 Land Area of development per dwelling unit (min. sq. ft.) 3,600 2,200 2,200 Structure Height (max. ft.) 35 26 26 26 26 26 26* NA Livability Space Per D.U. (min. sq. ft.) 12,000 7,000 5,000 4,000 2,000 1,400 1,000 400 Front Yard Abuttin a Public Street: Measured from center- line of abutting street; add to the distance designated in the column to the right of the right -of -way designated on the Major Street and High- way Plan, or 25 feet if the street not designat- ed on Major Street and Highway Plan (min. ft.) 600K4552PAGE166i Table 3 continued Bulk and Area Requirements in the RE, RS, RD, RTH and RM Districts RE RS -1 RS -2 DISTRICT RS -3 RD RTH RM -1 RM -2 Arterial & Expressway Service Road 35 35 Not an Arterial 35 35 30 25 10 All Other Yards Abut - ing a Public Street: Measured from center- line of abutting street; add to the distance designated in the column to the right 'z of right -of -way desig- nated on Major Street and Highway Plan or 25 feet if not designated on Major Street and Highway Plan (min. ft.) Arterial & Expressway Service Road 20 20 15 Not an Arterial 15 Rear Yards (min. ft.) 25 Side Yards (min. ft.) * * ** One side yard 15 Other side yard 15 5 aSee Section 450, Additional Requirements in the RM -1 and RM -2 Districts. *In the RM -1 District, a one -story limitation shall apply to structures containing more than 3 dwelling units which are within 50' of an adjoin- ing RE or RS District. * *The frontage of any lot in the RE District which meets the requirements of the minimum lot size may be less than the minimum frontages as long as the front building line on said lot is a minimum of one - hundred twenty - five (125) linear feet. * * *A minimum of two (2) townhouse lots. * ** *Does not apply to interior lot line of townhouse developments. Section 4. That Chapter 16, PLANNING AND ZONING, Owasso City Code, as amend- ed, CHAPTER 16, DEFINITIONS, Townhouse be and the same is hereby amended to read as follows to wit: Townhouse Development: A row of a minimum of 2 attached dwelling units separated by a party wall with each dwelling unit on an individual lot and designed for separate ownerships of the individual dwelling units with no separate dwelling unit constructed above another dwelling unit. Section 5. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance shall be declared to be invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect, anal, to this end, the provisions of this Ordinance are hereby declared to be severable. Section 6. That all Ordinances or parts of Ordinances in conflict here- with be and the same are hereby expressly repealed. BOOK 4552 PAGE 1662 Section 7. That an emergency exists for the preseravation of the public peace, health, and safety, by reason whereof this Ordinance shall take effect immediately upon its passage, approval, and publication. PASSED, with the emergency clause ruled upon separately and approved this day of not approved. APPROVED, this 16th day of June, 1981. Mayor ATTEST: City clerk APPROVED AS TO FORM: City Attorney STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 1981 JUN 23 PM 12:12 ANITA NESBITT COUNTY CLERK Affidavit Of Publication Legal Notice STATE OF OKLAHOMA, TULSA COUNTY, ss: Published in the Owasso Reporter, Tulsa County, Owasso, Oklahoma, Thursday, June 18, 1981. Bill R. Retherford, of lawful age, being duly sworn ORDINANCE NO. 302 and authorized, says that he is publisher of the AN ORDINANCE RELATING TO PLANNING ANDLONING REQUIREMENTS: OWASSOREPORTER a weekly AMENDING ORDINANCE NO. 175; AMENDING THE CITY OF OWASSO REVISED ORDINANCES CHAPTER 4; AMENDING THE PURPOSES OF RESIDENTIAL newspaper printed in the City of DISTRICTS THEREOF; AMENDING AND ADDING TO PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS; AMENDING AND ADDING TO THE BULK AND AREA Tulsa County, Oklahoma, a newspaper qualified to REQUIREMENTS IN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT legal notices, advertisements and publications as HEREWITH; AND DECLARING AN EMERGENCY. publish in Section 106 of Title 25, Oklahoma Statutes 1971 NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OWASSO, OKLAHOMA: to provided wit: as amended, and thereafter, and complies with all other Section 1. That Chapter 16, PLANNING AND ZONING, Owasso City Code, as amended. requirements of the laws of Oklahoma with reference to CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS, SECTION 400. PURPOSES OF RESIDENTIAL DISTRICTS; be and the same is hereby amended by adding thereto the following to wit: legal publications. 400.41 Purposes of the RTH Residential Multi - Family Townhouse District. That said notice, a true copy of whjch is attached The RTH District is designed to permit the development of attached single- family townhouse dwellings, on separate lots, which are designed expressly hereto, was published in the regular edition of said for separate ownership, in suitble residential environments at a higher density than convention detached single- family dwellings. newspaper during the period and time of publication and Section2. That Chapter 16, PLANNING AND ZONING, Owaso City Code, as amended. CHAPTER 4, RESIDENTIAL. DISTRICT PROVISIONS, SECTION 410. PRINCIPAL. not in a supplement, on the following dates: USES PERMITTED IN RESIDENTIAL DISTRICTS, be and hereby is amended to add t he prin- cipal uses permitted for an RTH district category to read as follows to wit: Section 410 PRINCIPAL. USES PERMITTED IN RESIDENTIAL DISTRICTS. The Principal Uses Permitted in the Residential Districts are designated by use unit. The use units individual Subscribed andswornto before are groupings of uses and are full described, including .their respective off - street parking, loading and day of screening requirements and other use conditions in Chapter 10. The use of RS. or RD District for access to any RM, 0. C, or I District is prohibited unless permitted through an approved Planned Unit Development, authorized by Section 1480 SPECIAL EXCEPTIONS• CHAPTER 14. Notary Public BOARD OF ADJUSTMENT for off-street parking. The use units permitted in Residential Districts areset forth below in Table 1. My commission eepires TOWNHOUSE DEVELOPMENT PUBLISHER'S FEE $ 25 ..01 Development Width (min. ft.) 70 70 70 Width (min. ft.) 20 20 20 Continued Legal 1.600 1,6W 1,600 lopment Land Area of development per dwelling unit ( min. sq. ft.) 3,600 2,200 2,200 Table 1 Structure Height (max. ft.) 35 26 26 26 26 26 26 NA Use Units Permitted in Residential Districts ` (Chapter 10) Livability Space Per D.U. ( min. sq. ft.) 12,000 7,000 5,000 4,OD0 2,000 1,400 1,11011 400 Chapter 10 Use Units Districts Front Yard Abutting a Public Street: No. Name RE RS RD RTH RM RMI Measured from centerline of abutting street; add to the 1. Area -Wide Uses by Right X X distance designated in the - 2. Area -Wide Special Exception Uses E E column to the right';_ of the , 4. Public Protection and Utility Facilities E E right-of-way designated on the 5. Community Services, Cultural, and Major Street and Highway Plan, Recreational Facilities E E or 25 feet if the street not 6. Single - Family Dwelling X X E designated on Major Street and 7. Duplex Dwelling X Highway Plan (min. ft.) 8. Multifamily Dwelling and Similar Uses 9. Mobile Home Dwelling Arterial and Expressway * X Use by Right; E Special Exception. Service Road 35 :35 :3.5 35 :35 :35 :35 35 35 .34) 25 25 25 25 IU Duplexes permitted in RS -3 only. Not an Arterial 35 •* Multifamily townhouse dwelling only. All Other Yards Abutting a Public Street: Section 3. That Chapter 16, PLANNING AND ZONING, Owasso City Code, amended, Measured from centerline of CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS, SECTION 430, BULK AND AREA abutting street; add to the REQUIREMENTS IN RESIDENTIAL DISTRICTS be and hereby is amended to add the distance designated in the bulk area requirements for an RTH district category to read as follows to wit: column to the right ' -, of 430.1 Bulk and Area Requirements in the RE, RS, RD, RTH, and RM Districts are shown right-of-way designated in Table 3 on the following page. on Major Street and Highway Plan or 25 feet Table 3 if not designated on Major Bulk and Area Requirements in the RE, RS, RD, RTH and RM Districts Street and Highway Plan (min. ft.) DISTRICT Arterial x Expressway RE RS-I R S-Y RS-3 R Service Road 20 15 Not an Arterial Lot Width (min. ft.) One Family 150 100 75 65 60 60 60 W Rear Yards Two Family 60 60 60 60 (min. ft.) 25 2.5 25 20 10 Multi - Family (other than RTH) 100 50 Side Yards (min. Lot Area (min. s - One side yard Other side yard 15 5 5 5 5 a , 113 One Family 24,000 13,500 9,000 7,000 6,900 8,900 7,000 7.000 Two Family 6,9W 6,900 7,001 TOW See Section 450, Additional Requirements in the RM -1 and RM -2 Districts. Multi- Family = In the RM-1 District, aone -story limitation shall apply to structures con - (other than taining more than 3 dwelling units which are within 50' of an adjoining RE or RTH) 10.000 6,000 RS District. •+ The frontage of any lot in the RE District which meets the requirements of Land Area Per D.U. the minimum lot size may be less than the minimum frontages as long as the (min. sq, ft.) front building line on said Lot is a minimum of one- hundred twenty -five ( 125 ) One Family Y 28,375 16,000 10,875 8,500 8,400 8,406 8,500 8,5W linear feet. Two Family 4,200 4,200 4,250 4,250 ,: :4 A minimum of two (2) townhouse lots. Multi- Family Does not apply to interior lot line of townhouse developments. ( other than RTH) Less than two bedrooms 3,100 2,400 amended, 4. That Chapter 16, PLANNING AND Owasso City Code, Two or more bedrooms Section ed 4.356 3,1W CHAPTER, 16, DEFINITIONS, Townhouse he and nd the the same is hereby amended In read as follows to wit: Townhouse Development: A row of a minimum of 2 attached dwelling units separated by a party wall with each dwelling unit on an individual lot and designed for separate ownership of the individual dwelling units with no separate dwelling unit conttructed above another dwelling unit. Section 5. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance shall be declared to be invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect, and, to this end, the provisions of this Ordinance are hereby declared to be severable. Section 6. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby expressly repealed. Section 7. That an emergency exists for the preservation of the public peace, health, and safety, by reason whereof this Ordinance shall take effect immediately upon its passage. approval, and publication. APROVED, this 16 day of June, 1981. ATTEST: Wauhilleau Webb Citv Clerk APPROVED AS TO FORM: Harold Charney City Attorney Boyd M. Spencer Mayor 5uper5avings Action Carpenters Work Apron TO: Mayor Spencer and City Council FROM: Kenneth Thompson DATE: June 12, 1984 SUBJECT: Townhouse Zoning District This item was tabled at the June 2 meeting and is back on the agenda for consideration by the Council. The Planning Commission and City Planner have recommended the creation of townhouse zoning district, which is a higher density single family district. It should be given serious consideration. Owasso Planning Commission Minutes May 28, 1981 COMPREHENSIVE PLANNING 5. Townhouse: An Alternative Zoning Category for Attached Single Family Housing and RTH Ordinance Staff presented the proposed RTH Townhouse zoning district ordinance and the explanatory study. Staff and commissioners discussed the need for this type of zone and various types of applications in rezoning land. Several citizens made comments stating their concerns about keeping single family homes in their neighborhood and the negative effects of intruding apartments or duplexes. The commission discussed with the audience the possible uses of townhouses in newly developing areas as well as in older neighborhoods. Members of the audience equated attached single - family townhouses with apartments and again expressed their fears over high density residential development in the neighborhood. Staff pointed out that townhouse zoning would allow approximately 12 units to the acre, less than the 14 to 18 units per acre allowed in multi - family (apartment) zoning. Staff and commissioners also re- explained that passage of this ordinance would not rezone anyone's land, but would only allow landowners to apply for RTH rezoning, as any other category. Extensive discussion followed. L. George moved to approve the RTH zoning district as an additional district to the zoning code. M. Hinkle seconded the motion. Discussion followed. L. George stated that he was not in favor of RTH zoning in any particular areas, but thought-that it was a viable alternative, and that the city should allow it to be considered. G. Phillips stated that he had not decided if an RTH zone was needed. Additional discussion followed. The question was called. Aye: Hinkle and George. Nay: Phillips and Cooke. The vote was 2-2-0 and the proposed ordinance passed to the council without a recommendation. TOWNHOUSE AN ALTERNATIVE ZONING CATEGORY FOR ATTACHED SINGLE FAMILY HOUSING Prepared for TULSA COUNTY COMMUNITIES By the COMMUNITY PLANNING DIVISION INDIAN NATIONS COUNCIL OF GOVERNMENTS March, 1981 INTRODUCTION The purpose of this report is three -fold. First it presents a summary of housing and development trends in the Tulsa metropolitan area. Secondly, it describes the existing zoning options under which attached single - family hous- ing can be developed in area communities. And finally, it proposes a new and separate zoning category which will facilitate the development of attached single - family housing, specifically townhouse development. RECENT DEVELOPMENT TRENDS For the past several years housing costs have skyrocketed and the oppor- tunity of owning affordable housing has declined. The increases in construction, land and energy costs together with record high interest rates have dramatically slowed the housing industry across the nation. Even in the Tulsa metropolitan area, housing development and construction activity has declined significantly. Platting activity in area cities and Tulsa County declined a total of 40% from 1979 to 1980. Excluding Tulsa and Tulsa County, platting activity in surrounding communities declined 46% for that same period.1 The outlook for conventional single - family development in the near future is not promising. In the past six to eight months not one conventional plat for single - family detached housing has been processed in Tulsa.2 Actual housing construction activity has declined as well, with the brunt of the de- cline in the single- family housing market. In Tulsa alone, single - family permits authorized for 1980 declined nearly 30% from 1979.3 However, in this same period, multi - family housing construction has remain- ed strong. Total authorized multi - family housing units increased 15.5% from 1979 to 1980.4 Continued strength in the multi - family housing market is expect- ed as indicated by the high city wide occupancy rates. Occupancy rates for multi - family rental units has remained at 96% for three years. This high occupancy is even more impressive considering the nearly constant net growth in units, which has averaged nearly 1,700 units per year since 1972.5 Further strength in the multi- family or attached housing unit market is indicated by housing developers. As expressed by Tulsa planners, recent con- versations about housing with prospective developers and builders has been "exclusively about garden apartments, condominiums and townhouses ".6 Units suitable for separate ownership have become increasing important as evidenced by townhouse development and the currently high rate of apartments converting to condominiums.7 Interest and activity in attached single - family housing units under sepa- rate ownership has been exceptional, so much so that in 1980 the City of Tulsa and Tulsa County modified their zoning codes to include a zoning category "...designed to permit attached single- family townhouse dwelling, on separate lots which are designed expressly for separate ownership..." This zoning district is designated the RMT Residential Multi- family Townhouse District.8 TOWNHOUSE ZONING OPTIONS Townhouse development has also been allowed in area communities for some timeunder current zoning regulations. However, since townhouses or rowhouses are by definition multi - family units, these uses were allowed only in multi- family zoning districts. The problems often encountered in obtaining multi- family zoning many times precluded development of townhouses in areas appropriate for such use since the multi- family zoning category would allow other higher density multi - family uses as well. Thus, standard multi- family zoning allowing townhouses was rarely approved since other multi - family uses conflicting with surrounding land use could develop. One alternative zoning category has been developed as an alternative to conventional zoning and development. The PUD or Planned Unit Development category was developed as a supplemental zoning to existing zoning for an area. This category is intended to permit innovative land development, permit develop- ment flexibility, provide and preserve meaningful open space, and to achieve functions and design continuity within the development, while maintaining the base or overall development density allowed.9 In exchange for the design and development advantages, further detailed planning and project review is requir- ed by the cities. This supplemental zoning category is allowed in most cities and towns in Tulsa County and has been used increasingly, particularly by the larger and more experience developers, to develop attached single - family housing units. Yet, there have been some who have not opted for the PUD development strategy due to a lack of understanding, concern over the added community re- view, the greater up front planning and analysis costs often associated with PUD's, or the common misperception of cities that PUD's are just "another way of getting dinkey apartments built in our town." Recently, there has been a growing awareness and understanding of the de- mand for alternative housing styles such as townhouse development and the need to allow such development in appropriate areas under an appropriate conventional zoning category. Such a zoning category would allow townhouse development (as a low to moderate intensity use (depending on local community values and percep- tions) to be developed in conformance to community plans in compatible land use areas. Such development would provide an excellent buffer between low and high intensity residential uses. Further, such a conventional zoning category would preclude the need for PUD designations or inappropriate higher density multi- family zoning designations. Finally, it would be a clear response to a clear market demand for an affordable housing alternative to the traditional single - family house. RECOMMENDATION With these considerations, a conventional zoning category is recommended which can be modified to local city codes and community values. The proposal borrows heavily from the research efforts of Tulsa County and City of Tulsa planners and from the present guidelines for townhouse development found in the existing codes of area cities and towns. The recommended modifications are for a zoning code which utilizes the Use Unit Concept. This zoning code format is commonly used by area communities. The proposals are set forth in a model ordinance — (see Appendix I) developed in a format to amend existing zoning regulations. The amendments proposed would require the least number of changes to existing zoning code texts and tables. Also attached as Appendix II are schematic site plans that might be expected under a conventional townhouse zoning code category. APPENDIX I MODEL ORDINANCE ORDINANCE NO. AN ORDINANCE RELATING TO PLANNING AND ZONING REQUIREMENTS; AMENDING ORDINANCE (number of ordinance adopting zoning code); AMENDING THE (city or town) REVISED ORDINANCES CHAPTER (number of residential district provisions); AMEND- ING THE PURPOSES OF RESIDENTIAL DISTRICTS THEREOF; AMENDING AND ADDING TO PRINCIPAL USES PERMITTED IN RESIDENTIAL DIS- TRICTS; AMENDING AND ADDING TO THE BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY; REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY (or town) OF (name), Oklahoma; to wit: Section 1. That Chapter (number), PLANNING AND ZONING, (include the specific statutory reference in the code ), CHAPTER (number), RESIDENTIAL DISTRICT PROVISIONS, SECTION (number), PURPOSES OF RESIDENTIAL DISTRICTS, be and the same is hereby amended by adding thereto the following to wit: (subsection numbers after duplexes and before multifamily) Purposes of the HIM Residential Multi - family Townhouse District. The RTH District is designed to permit the development of attached single - family townhouse dwellings, on separate lots, which are designed expressly for separate ownership, in suitable residential environments at a higher density than conventional detached single - family dwellings. Section 2. That Chapter (number), PLANNING AND ZONING, (include the specific statutory reference in the code), CHAPTER (number), RESIDENTIAL DISTRICT PROVISIONS, SECTION (number), PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS, be and hereby is amended to add the principal uses permitted for an RTH district category to read as follows to wit: Section (number) PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS. The Principal Uses Permitted in the Residential Districts are designat- ed by use unit. The use units are groupings of individual uses and are fully described, including their respective off - street parking, loading and screening requirements and other use conditions in Chapter (number). The use of RS, or RD District for access to any RM, 0, C, or I District, or the use of an RM District for access to any 0, C, or I District is prohibited unless permitted through an approved Planned Unit Development, or as authorized by Section (section and subsection nu,aber in Chapter on Board of Adjustment Special Exception for off- street parking). The use units permitted in Residential Districts are set forth below in Table (k). Table (number) Use Units Permitted in Residential Districts* Use Units Districts No. Name RE RS RD RTH RM RMR 1. Area -Wide Uses by Right X X X X X X 2. Area -Wide Special Exception Uses E E E E E E 4. Public Protection 6 Utility Facilities E E E E E E 5. Community Services, Cultural, and Recreational Facilities E E E E E E 6. Single - Family Dwelling X X X X X E 7. Duplex Dwelling E ** X X X 8. Multifamily Dwelling and Similar Uses Xf X 9. Mobile Home Dwelling E * ** X *X Use by Right; E Special Exception. * *Duplexes permitted itt RS -3 only. ** *Mobile home dwelling in RS -3 only. fMultifamily townhouse dwelling only. Section 3. That Chapter (number), PLANNING AND ZONING, (include the speci- fic statutory reference in the code ), CHAPTER (number), RESIDENTIAL DISTRICT PROVISIONS, SECTION (number), BULK AND AREA REQUIREMENTS IN RESIDENTTAL DIS- TRICTS be and hereby is amended to add the bulk and area requirements for an RTH district category to read as follows to wit: (subsection number) Bulk and area requirements in the RE, RS, RD, RIM, and RM Districts are shown in Table (number". Table (number) Bulk and Area Requirements in the RE, RS, RD, RIM and RM Districts DISTRICT RE RS -1 RS -2 RS -3 RD RIM RM -1 RM -2 Lot Width (min. ft.) One Family 150 ** 100 75 65 60 60 60 60 Two Family 60 60 60 60 Multi - family (other than RTH) 100 50 Lot Area (min. sq. ft.) One Family 24,000 13,500 9,000 6,900 6,900 6,900 6,000 6,000 Two Family 6,900 6,900 6,900 6,900 Multi - family (other than RTH) 10,000 6,000 Land Area Per D.U. (min. sq. ft.) One Family 28,375 16,000 10,875 8,400 8,400 8,400 7,500 7,500 Two Family 4,200 4,200 4,200 4,200 Multi - family (other than RTH) Less than two bedrooms 3,100 2,400 Two or more bedrooms 4,356 3,100 TOWNHOUSE DEVELOPMENT * ** Development Width (min. ft.) 70 70 70 Lot Width (min. ft.) 20 20 20 Lot Area (min. sq. ft.) 1,600 1,600 1,600 Land Area of develop- ment per dwelling unit (min. sq. ft.) 3,600 2,200 2,200 Structure Height (max. ft.) 26 26 26 26 26 26 26* NA Livability Space Per D.U. (min. sq. ft.) 12,000 7,000 5,000 4,000 2,000 1,400 1,000 400 Front Yard Abutting a Public Street: Measured from centerline of abutting street; add to the distance designat- ed in the column to the right 11 of the right -of- way designated on the Major Street and Highway Plan, or 25 feet if the street not designated on major Street and Highway Plan (min, ft.) Arterial d Expressway Service Road 35 Not an Arterial 35 35 35 35 35 35 35 35 35 30 25 25 25 25 10 Table (number) continued Bulk and Area Requirements in the RE, RS, RD, RTH, and RM Districts Rear Yards (min. ft.) 25 25 25 20 20 20 20 10 Side Yards (min. ft.) * * ** One side yard 15 10 10 10 10 10 10 10 Other side yard 15 5 5 5 5 5 5 10 *In the RM -1 District, a one -story limitation shall apply to structures containing more than 3 dwelling units which are within 50' of an adjoin- ing RE or RS District. * *The frontage of any lot in the RE District which meets the requirements of the minimum lot size may be less than the minimum frontages as long as the front building line on said lot is a minimum of one - hundred twenty - five (125) linear feet. * * *A minimum of two (2) townhouse lots (or the appropriate number according to local zoning code definition of townhouse, if townhouse definition not changed. The minimum frontage width will be 90' if minimum town- house lots are 4, or 110' if minimum townhouse lots are 5, etc.. Other minimum bulk requirements would change accordingly as well). * ** *Does not apply to interior lot line of townhouse developments. Section 4. That Chapter (number), PLANNING AND ZONING (include the speci- fic statutory reference in the code), CHAPTER (definition chapter number) DEFINITIONS, Townhouse be and the same is hereby amended to read as follows to wit: Townhouse Development: A row of attached dwelling units separated by a party wall with each dwelling unit on an individual lot and designed for separate ownerships of the individual dwelling units with no separate dwelling unit constructed above another dwelling unit. Section 5. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance shall be declared to be invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect, and, to this end, the provisions of this Ordinance are hereby declared to be severable. Section 6. That all Ordinances or parts of Ordinances in conflict here- with be and the same are hereby expressly repealed. DISTRICT RE RS -1 RS -2 RS -3 RD RTH RM -1 RM -2 All Other Yards Abutting a Public Street: Measured from centerline of abutting street; add to the distance designated to the column to the right � of right -of -way designated on Major Street and Highway Plan or 25 feet if not designated on Major Street and Highway Plan ' (min. ft.) Arterial 6 Expressway Service Road 20 20 20 20 20 15 15 15 Not an Arterial 15 15 15 15 15 15 15 15 Rear Yards (min. ft.) 25 25 25 20 20 20 20 10 Side Yards (min. ft.) * * ** One side yard 15 10 10 10 10 10 10 10 Other side yard 15 5 5 5 5 5 5 10 *In the RM -1 District, a one -story limitation shall apply to structures containing more than 3 dwelling units which are within 50' of an adjoin- ing RE or RS District. * *The frontage of any lot in the RE District which meets the requirements of the minimum lot size may be less than the minimum frontages as long as the front building line on said lot is a minimum of one - hundred twenty - five (125) linear feet. * * *A minimum of two (2) townhouse lots (or the appropriate number according to local zoning code definition of townhouse, if townhouse definition not changed. The minimum frontage width will be 90' if minimum town- house lots are 4, or 110' if minimum townhouse lots are 5, etc.. Other minimum bulk requirements would change accordingly as well). * ** *Does not apply to interior lot line of townhouse developments. Section 4. That Chapter (number), PLANNING AND ZONING (include the speci- fic statutory reference in the code), CHAPTER (definition chapter number) DEFINITIONS, Townhouse be and the same is hereby amended to read as follows to wit: Townhouse Development: A row of attached dwelling units separated by a party wall with each dwelling unit on an individual lot and designed for separate ownerships of the individual dwelling units with no separate dwelling unit constructed above another dwelling unit. Section 5. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance shall be declared to be invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect, and, to this end, the provisions of this Ordinance are hereby declared to be severable. Section 6. That all Ordinances or parts of Ordinances in conflict here- with be and the same are hereby expressly repealed. Section 7. That an emergency exists for the preservation of the public peace, health, and safety, by reason whereof this Ordinance shall take effect immediately upon its passage, approval, and publication. PASSED, with the emergency clause ruled upon separately and approved this day of , 19 APPROVED, this day of , 19 ATTEST: Mayor City Clerk APPROVED AS TO FORM City Attorney appendix 2 schematic townhouse site plans Notes 1. Murrel Wilmoth and Mike Taylor, "Summary of Subdivision Activity ", Depart- ment of Regional Services, INCOG, (Tulsa, January, 1981, unpublished). 2. Wayne Alberty, Development Coordinator, Department of Regional Services, INCOG, (Tulsa, March 13). 3. "Tulsa Business Highlights ", Fourth Quarter 1980, Research and Planning Division, Metropolitan Chamber of Commerce (Tulsa, February 26, 1981) P. 1. 4. Ibid, p. 1. 5. City of Tulsa Apartment Survey: 1980, INCOG (Tulsa, March 1981) pp. 9 -12. 6. Wayne Alberty, INCOG. 7. Preliminary findings of the Research and Data Management, Division Depart- ment of Regional Planning, INCOG indicate a very high rate of conversion to condominium units (owner- occupied) from existing multi - family rental housing stock (Tulsa, March, 1981 forthcoming report). 8. Chapter 4, Section 400.4, Zoning Code, City of Tulsa (Tulsa, October 13, 1980). 9. Seven out of ten cities and towns in Tulsa County have adopted a PUD zoning category as a part of their zoning codes. PUD developments have been pro- cessed in each of the seven communities, Community Planning Division, INCOG (Tulsa, March, 1981). Owasso City Council Page Five June 2, 1981 Planning Commission, leave the northeast five acres as AG Agriculture as recom- mended by the Planning Commission, but rezone balance of area to RS3 Residential Single Family High Density as requested by the church, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 9 - APPROVE ORDINANCE NO. 302 CREATING A TOWNHOUSE ZONING DISTRICT. ITEM 10 - APPROVE EMERGENCY CLAUSE TO ORDINANCE NO. 302. Motion was made by Boyd Spencer, seconded by Phyllis Gross, to table Items 9 and 10 to the June 16, 1981 meeting. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Gross Nays - None Motion carried. ITEM 11 - STATUS OF CITY COUNCIL AND GENERAL PUBLIC. Mrs. Gross requested this item be placed on the agenda. She commented "every - one is aware of everything that is going on around town and one of the latest things is that last Friday the Chamber of Commerce endorsed" and Mr. Charney interrupted and said "I don't think that is in order ". Mrs. Gross then said "twice in a row I have been approached by the City Attor- ney very adamantly to have the recall petition stopped and the very first time I explained that I am not the one that put up the recall petition" and again Mr. Charney interrupted and said "this has nothing to do with Status of City Council and General Public, if you want to castigate me and want to take me on at City Council meeting you put it on the agenda and I will be ready for you but if it's not there and put on properly as an agenda item, and if you want to put me on notice I'll be glad to have a public debate with you anytime before any group telling what I think of your actions and where we're going, I'll pull no punches, and I challenge you to that debate if you want it, but right now it's not on the agenda and not the proper time for it and I'm not avoiding you I'm just telling you it's not the proper time for it ". Mrs. Gross then commented "as you know the status of the Council at present, and has been predicted before the election, is three to two and that is the status of the Council and I will try to stay in accordance with what Mr. Charney has asked. It was rumored it would be three to two and would make it very difficult for Dr. Clark and I to work." Mr. Charney asked "are you speaking for Dr. Clark or is he going to speak for himself?" Mrs. Gross said "We'll, I'll speak for myself, but it has been three to two and I would say the status of the Council and the public, I went to the people and told you I was going to represent you May 29, 1981 TO: Mayor Spencer and City Council FROM: Kenneth Tho SUBJECT: Townhouse Zoning Ordinance The City Planner has requested this itembe placed on the Council agenda. I was informed that the Planning Commission voted two and two on this ordinance, which in effect, would be a "failure to recommend." I believe, under the circumstances, the City Council can take whatever action it deems necessary on this ordinance. TOWNHOUSE AN ALTERNATIVE ZONING CATEGORY FOR ATTACHED SINGLE FAMILY HOUSING Prepared for TULSA COUNTY COMMUNITIES By the COMMUNITY PLANNING DIVISION INDIAN NATIONS COUNCIL OF GOVERNMENTS March, 1981 INTRODUCTION The purpose of this report is three -fold. First it presents a summary of housing and development trends in the Tulsa metropolitan area. Secondly, it describes the existing zoning options under which attached single - family hous- ing can be developed in area communities. And finally, it proposes a new and separate zoning category which will facilitate the development of attached single - family housing, specifically townhouse development. RECENT DEVELOPMENT TRENDS For the past several years housing costs have skyrocketed and the oppor- tunity of owning affordable housing has declined. The increases in construction, land and energy costs together with record high interest rates have dramatically slowed the housing industry across the nation. Even in the Tulsa metropolitan area, housing development and construction activity has declined significantly. Platting activity in area cities and Tulsa County declined a total of 40% from 1979 to 1980. Excluding Tulsa and Tulsa County, platting activity in surrounding communities declined 46% for that same period.1 The outlook for conventional single - family development in the near future is not promising. In the past six to eight months not one conventional plat for single - family detached housing has been processed in Tulsa.2 Actual housing construction activity has declined as well, with the brunt of the de- cline in the single - family housing market. In Tulsa alone, single - family permits authorized for 1980-declined nearly 30% from 1979.3 However, in this same period, multi- family housing construction has remain- ed strong. Total authorized multi - family housing units increased 15.5% from 1979 to 1980.4 Continued strength in the multi - family housing market is expect- ed as indicated by the high city wide occupancy rates. Occupancy rates for multi - family rental units has remained at 96% for three years. This high occupancy is even more impressive considering the nearly constant net growth in units, which has averaged nearly 1,700 units per year since 1972.5 Further strength in the multi - family or attached housing unit market is indicated by'housing developers. As expressed by Tulsa planners, recent con- versations about housing with prospective developers and builders has been "exclusively about garden apartments, condominiums and townhouses ".6 Units suitable for separate ownership have become increasing important as evidenced by townhouse development and the currently high rate of apartments converting to condominiums.7 Interest and activity in attached single - family housing units under sepa- rate ownership has been exceptional, so much so that in 1980 the City of Tulsa and Tulsa County modified their zoning codes to include a zoning category "...designed to permit attached single - family townhouse dwelling, on separate lots which are designed expressly for separate ownership..." This zoning district is designated the RMT Residential Multi- family Townhouse District.8 TOWNHOUSE ZONING OPTIONS Townhouse development has also been allowed in area communities for some time under current zoning regulations. However, since townhouses or rowhouses are by definition multi - family units, these uses were allowed only in multi- family zoning districts. The problems often encountered in obtaining multi - family zoning many times precluded development of townhouses in areas appropriate for such use since the multi - family zoning category would allow other higher density multi - family uses as well. Thus, standard multi- family zoning allowing townhouses was rarely approved since other multi - family uses conflicting with surrounding land use could develop. One alternative zoning category has been developed as an alternative to conventional zoning and development. The PUD or Planned Unit Development category was developed as a supplemental zoning to existing zoning for an area. This category is intended to permit innovative land development, permit develop- ment flexibility, provide and preserve meaningful open space, and to achieve functions and design continuity within the development, while maintaining the base or overall development density allowed.9 In exchange for the design and development advantages, further detailed planning and project review is requir- ed by the cities. This supplemental zoning category is allowed in most cities and towns in Tulsa County and has been used increasingly, particularly by the larger and more experience developers, to develop attached single - family housing units. Yet, there have been some who have not opted for the PUD development strategy due to a lack of understanding, concern over the added community re- view, the greater up front planning and analysis costs often associated with PUD's, or the common misperception of cities that PUD's are just "another way of getting dinkey apartments built in our town." Recently, there has been a growing awareness and understanding of the de- mand for alternative housing styles such as townhouse development and the need to allow such development in appropriate areas under an appropriate conventional zoning category. Such a zoning category would allow townhouse development (as a low to moderate intensity use (depending on local community values and percep- tions) to be developed in conformance to community plans in compatible land use areas. Such development would provide an excellent buffer between low and high intensity residential uses. Further, such a conventional zoning category would preclude the need for PUD designations or inappropriate higher density multi- family zoning designations. Finally, it would be a clear response to a clear market demand for an affordable housing alternative to the traditional single - family house. RECOMMENDATION With these considerations, a conventional zoning category is recommended which can be modified to local city codes and community values. The proposal borrows heavily from the research efforts of Tulsa County and City of Tulsa planners and from the present guidelines for townhouse development found in the existing codes of area cities and towns. The recommended modifications are for a zoning code which utilizes the Use Unit Concept. This zoning code format is commonly used by area communities. The proposals are set forth in a model ordinance — (see Appendix I) developed in a format to amend existing zoning regulations. The amendments proposed would require the least number of changes to existing zoning code texts and tables. Also attached as Appendix II are schematic site plans that might be expected under a conventional townhouse zoning code category. APPENDIX I MODEL ORDINANCE ORDINANCE NO. AN ORDINANCE RELATING TO PLANNING AND ZONING REQUIREMENTS; AMENDING ORDINANCE (number of ordinance adopting zoning code); AMENDING THE (city or town) REVISED ORDINANCES CHAPTER (number of residential district provisions); AMEND- ING THE PURPOSES OF RESIDENTIAL DISTRICTS THEREOF; AMENDING AND ADDING TO PRINCIPAL USES PERMITTED IN RESIDENTIAL DIS- TRICTS; AMENDING AND ADDING TO THE BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS; PROVIDING FOR SEVERABILITY; REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY (or town) OF (name), Oklahoma; to wit: Section 1. That Chapter (number), PLANNING AND ZONING, (include the specific statutory reference in the code ), CHAPTER (number), RESIDENTIAL DISTRICT PROVISIONS, SECTION (number), PURPOSES OF RESIDENTIAL DISTRICTS, be and the same is hereby amended by adding thereto the following to wit: (subsection number, after duplexes and before multifamily) Purposes of the RIM Residential Multi- family Townhouse District. The RTH District is designed to permit the development of attached single - family townhouse dwellings, on separate lots, which are designed expressly for separate ownership, in suitable residential environments at a higher density than conventional detached single - family dwellings. Section 2. That Chapter (number), PLANNING AND ZONING, (include the specific statutory reference in the code), CHAPTER (number), RESIDENTIAL DISTRICT PROVISIONS, SECTION (number), PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS, be and hereby is amended to add the principal uses permitted for an RIM district category to read as follows to wit: Section (number) PRINCIPAL USES PERMITTED IN RESIDENTIAL DISTRICTS. The Principal Vass Permitted in the Residential Districts are designat- ed by use unit. The use units are groupings of individual uses and are fully described, including their respective off - street parking, loading and screening requirements and other use conditions in Chapter (number). The use of RS, or RD District for access to any RM, 0, C, or I District, or the use of an RM District for access to any 0. C. or I District is prohibited unless permitted through an approved Planned Unit Development, or as authorized by Section. (section and subsection nu.aber in Chapter on Board of Adjustment Special Exception for off - street parking). The use units permitted in Residential Districts are set forth below in Table W. Table (number) Use Units Permitted in Residential Districts* Use Units Districts No. Name RE RS RD RIM RM RMH 1. Area -Wide Uses by Right 2. Area -Wide Special Exception Uses 4. Public Protection 6 Utility Facilities S. Community Services, Cultural, and Recreational Facilities 6. Single - Family Dwelling 7. Duplex Welling S. Multifamily Welling and Similar Uses 9. Mobile Home Welling *X Use by Right; E Special Exception. * *Duplexes permitted In RS -3 only. ** *Mobile home dwelling in RS -3 only. Aiultifamily townhouse dwelling only. X X X X X X E E E E E E E E E E E E E E E E E E X X X X X E E ** X X X Xf X E * ** X Section 3. That Chapter (number), PLANNING AND ZONING, (include the speci- fic statutory reference in the code ), CHAPTER (number), RESIDENTIAL DISTRICT PROVISIONS, SECTION (number), SULK AND AREA REQUIREMENTS IN RESIDENITAL DIS- TRICTS be and hereby is amended to add the bulk and area requirements for an RTH district category to read as follows to wit: (subsection number) Bulk and area requirements in the RE, RS, RD, RTH. and RM Districts are shown in Table (number). Table (number) Bulk and Area Requirements in the RE, RS, RD, RTH and RM Districts DISTRICT RE RS -1 RS -2 RS -3 RD RTH RM -1 RM -2 Lot Width (min. ft.) One Family 150 ** 100 75 65 60 60 60 60 Two Family 60 60 60 60 Multi - family (other than RTH) 100 50 Lot Area (min. sq. ft.) One Family 24,000 13,500 9,000 6,900 6,900 6,900 6,000 6,000 Two Family 6,900 6,900 6,900 6,900 Multi - family (other than RTH) 10,000 6,000 Land Area Per D.U. (min, sq. ft.) One Family 28,375 16,000 10,875 8,400 8,400 8,400 7,500 7,500 Two Family 4,200 4,200 4,200 4,200 Multi - family (other than RTH) Less than two bedrooms 3,100 2,400 Two or more bedrooms 4,356 3,100 TOWNHOUSE DEVELOPMENT * ** Development Width (min. ft.) 70 70 70 Lot Width (min. ft.) 20 20 20 Lot Area (min. sq. ft.) 1,600 1,600 1,600 Land Area of develop- ment per dwelling , unit (min. sq. ft.) 3,600 2,200 2,200 Structure Height (max. ft.) 26 26 26 26 26 26 26* NA Livability Space Per D.U. (min. sq. ft.) 12,000 7,000 5,000 4,000 2,000 1,400 1,000 400 Front Yard Abutting a Public Street: Measured from centerline of abutting street; add to the distance designat- ed in the column to the right h of the right -of- way designated on the Major Street and Highway Plan, or 25 feet if the street not designated on Major Street and Highway Plan (min, ft.) Arterial 6 Expressway Service Road 35 Not an Arterial 35 35 35 35 35 35 35 35 35 30 25 25 25 25 10 Table (number) continued Sulk and Area Requirements in the RE, RS, RD, RTH, and RM Districts from centerline of abutting street; add to the distance designated to the column to the right k of right -of -way designated on Major Street and Highway Plan or 25 feet if not designated on Major Street and Highway Plan (min. ft.) Arterial 6 Expressway Service Road 20 20 20 20 20 15 15 15 Not an Arterial 15 15 15 15 15 15 15 15 Rear Yards (min. ft.) 25 25 25 20 20 20 20 10 Side Yards (min. ft.) * * ** One side yard 15 10 30 10 10 10 10 10 Other side yard 15 5 5 5 5 5 5 10 *In the RN -1 District, a one -story limitation shall apply to structures containing more than 3 dwelling units which are within 50' of an adjoin- ing RE or RS District. * *The frontage of any lot in the RE District which meets the requirements of the minimum lot size may be less than the minimum frontages as long as the front building line on said lot is a minimum of one - hundred twenty - five (125) linear feet. * * *A minimum of two (2) townhouse lots (or the appropriate number according to local zoning code definition of townhouse, if townhouse definition not changed, The minimum frontage width will be 90' if minimum town- house lots are 0, or 310' if minimum townhouse lots are 5, etc.. Other minimum bulk requirements would change accordingly as well). * ** *Does not apply to interior lot line of townhouse developments. Section 4. That Chapter (number), PW7NING AND ZONING (include the speci- fic statutory reference in the code), CHAPTER (definition chapter number) DEFINITIONS, Townhouse be and the same is hereby amended to read as follows to wit: Townhouse Development: A row of attached dwelling units separated by a party wall with each dwelling unit on an individual lot and designed for separate ownerships of the individual dwelling units with no separate dwelling unit constructed above another dwelling unit. Section S. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance shall be declared to be invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall remain in full force and effect, and, to this end, the provisions of this Ordinance are hereby declared to be severable. Section 6. That all Ordinances or parts of Ordinances in conflict here- with be and the same are hereby expressly repealed. Section 7, That an emergency exists for the preservation of the public peace, health, and safety, by reason whereof this Ordinance shall take effect immediately upon its passage, approval, and publication. PASSED, with the emergency clause ruled upon separately and approved this day of , 19_ APPROVED, this _ day of , 19 4t ATTEST: City Clerk APPROVED AS TO FORM City Attorney Mayor TOWNHOUSE Notes 1. Murrel Wilmoth and Mike Taylor, "Summary of Subdivision Activity ", Depart- ment of Regional Services, INCOG, (Tulsa, January, 1981, unpublished). 2. Wayne Alberty, Development Coordinator, Department of Regional Services, INCOG, (Tulsa, March 13). 3. "Tulsa Business Highlights ", Fourth Quarter 1980, Research and Planning Division, Metropolitan Chamber of Commerce (Tulsa, February 26, 1981) P. 1. 4. Ibid, p. 1. 5. City of Tulsa Apartment Survey: 1980, INCOG (Tulsa, March 1981) pp. 9 -12. 6. Wayne Alberty, INCOG. 7. Preliminary findings of the Research and Data Management, Division Depart- ment of Regional Planning, INCOG indicate a very high rate of conversion to condominium units (owner- occupied) from existing multi - family rental housing stock (Tulsa, March, 1981 forthcoming report). 8. Chapter 4, Section 400.4, Zoning Code, City of Tulsa (Tulsa, October 13, 1980). 9. Seven out of ten cities and towns in Tulsa County have adopted a PUD zoning category as a part of their zoning codes. PUD developments have been pro- cessed in each of the seven communities, Community Planning Division, INCOG (Tulsa, March, 1981). On Tuesday, April 21, 1981, the Owasso City Council met in regular session in the Council Chambers at City Hall, per the Notice of Public Meeting and Agenda posted on City Hall bulletin board at 12:30 PM on April 16, 1981, and by reference made a part hereof. ITEM 1 - CALL TO ORDER. The meeting was called to order at 7:02 PM with Mayor Spencer presiding. ITEM 2 - FLAG SALUTE. Flag Salute was led by Mayor Spencer. ITEM 3 - ROLL CALL. Present: Boyd Spencer, Mayor Robbie Fickle, Vice Mayor Al Lambert, Councilman Dennis Burke, Councilman Steven Clark, Councilman Harold Charney, City Attorney Kenneth Thompson, City Manager Wauhilleau Webb, City Clerk Absent. None ITEM 4 - APPROVE MINUTES OF APRIL 7, 1981 REGULAR MEETING. Motion was made by Al Lambert, seconded by Robbie Fickle, to correct the last par- agraph of Item 8 Hearing on Junk Vehicles to read "Mr. Charney (not Mr. Lambert) commented that since some people will not answer their door or sign for a regis- tered letter, posting on property could be used as a last resort ". Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. Motion was made by Al Lambert, seconded by Dennis Burke, to approve minutes of April 7, 1981 regular meeting, as above corrected, and by reference made a part hereof. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. ITEM 5 - gPROVE ORDINANCE NO. 302 CREATING A TOWNHOUSE ZONING DISTRICT. ITEM 6 - APPROVE EMERGENCY CLAUSE TO ORDINANCE NO. 302. Ms. Dickey advised Council that the Planning Commission continued this item on their agenda and she requested the Council to table this proposed Ordinance to the June 2nd meeting. Owasso City Council April 21, 1981 Page Two Motion was made by Robbie Fickle, seconded by Al Lambert, to table Item 5 and 6 regarding the proposed Townhouse Zoning District Ordinance No. 302 to the June 2, 1981 meeting. Ayes - Messrs. Spencer, Lambert, Burke, Clark and Mrs. Fickle Nays - None Motion carried. ITEM 7 - ESTABLISH CHARGES FOR SWIMMING POOL USE FOR 1981 SEASON. Mr. Thompson's recommendation was 75¢ for children and $1.00 for adults; parties of 1 to 20 people $30.00, 20 to 30 $40.00, 30 to 50 $50.00 and no parties over 50 people; family night stay at $3.00 per family from 7:00 to 9:30 PM on Tuesdays and Thursdays. Mr. Burke questioned if we will continue the punch passes and Mr. Thompson said it might help sales. Dr. Clark asked how our charges compare to the pools in surrounding areas and Mr. Thompson said as he recalls the surrounding area pools were higher than Owasso. Dr. Clark asked how many employees we have at the pool and Mr. Williams responded we have the manager and seven life guards. Dr. Clark then asked if we anticipate any major repairs and Mr. Williams said only to the chlorine dispenser which is an expensive item and we paint the pool every other year and it was painted just last year. Dr. Clark also asked if we have any other revenue from the pool other than admission and Mr. Williams responded the only revenue is from admissions, parties, and 10% from swimming lessons. Dr. Clark asked about concessions which most pools have and Mr. Williams said we have tried concessions and it creates quite a mess and also we have been broken into and the concessions stolen. Dr. Clark said he was just trying to come up with some way to make the pool pro- fitable and Mrs. Fickle mentioned that municipal pools never make revenue as they are a public service. He then questioned the City making the pool a membership type pool, but was advised we could not do that as the pool was constructed with grant money. Mr. Williams said we have some membership cards printed without a price and and might push for membership sales. Motion was made by Dennis Burke, seconded by Robbie Fickle, to increase pool fees to 75G for children, $1.00 for adults, increase pool party fees to 1 to 20 peo- ple $30.00,,20 to 30 people $40.00, 30 to 50 people $50.00, and no parties to be allowed over fifty people to a group, and sell 20 punch passes for $12.00 per child and $16.00 per adult, which is a 20% discount, and $3.00 for family charge on family night. Ayes - Messrs. Lambert, Burke, Clark and Mrs. Fickle Nays - Mr. Spencer City of Owasso TO: Mayor Spencer and City Council FROM: Kenneth Thompson eir DATE: April 16, 1981 SUBJECT: Proposed Townhouse Zoning District Miss Carol Dickey is recommending to the Owasso Planning Commission at its meeting Thursday, April 16, the creation of a townhouse zoning district for the city of owasso. She indicates there is a serious need for such a zoning category. I am enclosing a draft of the ordinance that she is pro- posing to the Planning Commission. We will also have the minutes of the Planning Commission meeting for the Tuesday Council meeting for your review. City of Owasso Memo TO: Owasso City Council & Planning Commission Members From: Carol dickey Subject: Proposed Townhouse Zoning District Date: March 31, 1981 Attached are information explaining a proposed Townhouse (RTH) zoning category and ordinance which will be considered for adoption by the Owasso Planning Commission at the April 16, 1981 meeting. This proposal is recommended by staff as a response to a growning need for more innovative ways of progiding housing units to Owasso citizens at more affordable costs. Please call me at 584-7526 if you have any questions regarding this material or the use of RTH zoning. CC: Ken Thompson Bill Williams Raymond May John Edelman Harold Charney Attachment