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HomeMy WebLinkAbout647_OZ 00-05_80.3 Acres_the Lakes at Bailey Ranch_AG to RS-3, RD, and OMTulsa County Clerk - JOAN HASTINGS Doc# 00102251 pgs 2 B/p 6420/1225 -1226 Receipt # 467455 09/25/00 13:23:23 Fee 10.00 000467455008 CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 647 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ; 00-05 CHANGING THE ZONING OF PROPERTY LOCATED WITHIN SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURE) TO RS -3 (RESIDENTIAL SINGLE - FAMILY - HIGH DENSITY), RD (RESIDENTIAL DUPLEX) AND OM (OFFICE MEDIUM), REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested rezoning of application OZ- 00 -05. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT, TO -WIT: SECTION 1: The zoning classification of the following described property, to -wit: A tract of land situated in the East Half (E/2) of the Southwest Quarter (SW/4) of Section 7, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, Oklahoma, being more particularly described as follows: The south 990 feet of the west 1020 feet of the East Half (E/2) of the Southwest Quarter (SWA), said tract containing 23.2 acres more or less, according to the U.S. survey thereof, be, and the same hereby is, rezoned from AG (Agriculture) to OM (Office Medium); and, A tract of land situated in the East Half (E/2) of the Southwest Quarter (SW/4) of Section 7, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, Oklahoma, being more particularly described as follows: Beginning at the Southeast Corner (SE/C) of the East Half (E/2) of the Southwest Quarter (SW/4), thence south 88°35'55" west and along the south line of said East Half (E/2) of the Southwest Quarter (SW/4) a distance of 299.93 feet to the east line of the west 1020 feet of said East Half (E/2); thence north 1°29'34" west and along said east line a distance of 990 feet to the north line of the south 990 feet of said East Half (E/2); thence south 88°35'55" west and along said north line a distance of 1020 feet to a point on the west line of said East Half (E/2); thence north 1°29'34" west along said west line a distance of 334.19 feet to the south line of the north 1327 feet of said East Half (E/2); thence north 88°44'31" east and along said south line a distance of 1320.52 feet to the east line of said East Half (E/2); thence south 1°28'03" east a distance of 1320.88 feet to the POINT OF BEGINNING said tract of containing 16.9 acres more or less, according to the U.S. survey thereof, be, and the same hereby is, rezoned from AG (Agriculture) to Rd (Residential Duplex); and, A tract of land situated in the East Half (E/2) of the Southwest Quarter (SW/4) of Section 7, Township 21 North, Range 14 East, of the Indian Base and Meridian., Tulsa County, Oklahoma, being more particularly described as follows: The north 1327 feet of the East Half (E/2) of the Southwest Quarter (SW/4), said tract containing 40.2 acres more or less.), according to the U.S. survey thereof, be, and the same hereby is, rezoned from AG (Agriculture) to RS-3 (Residential Single - Family High Density). SECTION 2: That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. SECTION 3: That this ordinance shall become effective thirty (30) days from the date of first publication as provided by state law. PASSED AND APPROVED this 20th day of June, 2000. OF 0(yA City of Owasso, Oklahoma OFFICIAL SEAL H C Williams, Mayor City AS TO FORM: D Cates, City Ordinances /647 Zoning c MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE NO. 647 REZONING CASE OZ -00 -05 DATE: June 14, 2000 BACKGROUND: At the May 16, 2000 regular meeting, the City Council unanimously approved a rezoning request from Pittman Poe & Associates. The subject property contains 80.3 acres, more or less and was rezoned from AG (Agriculture) to RS -3 (Residential Single - Family High Density), RD (Residential Duplex) and OM (Office Medium). Ordinance No. 647 would formally adopt the action taken by the Council at the May 16, 2000 meeting. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 647. ATTACHMENTS: 1. Subject Map 2. Ordinance No. 647 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: REZONING AND PLANNED UNIT DEVELOPMENT REQUEST OZ- 00 -05, OPUD -19 DATE: May 10, 2000 BACKGROUND Pittman Poe & Associates have requested approval of a rezoning request and a Planned Unit Development application. Currently, the entire tract is zoned AG (Agriculture) and was annexed by the City of Owasso in March of this year. The subject property is located on the north side of E. 106th Street N. between Garnett Road and Mingo Road. The applicant is requesting approval of PUD supplemental zoning on the subject tract that would be developed in accordance with a submitted Outline Development Plan and Text. The PUD application is accompanied by a zoning application (OZ- 00 -05). The plan and text call for the development of 36 acres of single-family residential with RS -3 (Residential Single Family, High Density) development, 14.2 acres of RD (Residential Duplex) development, 19.3 acres of OM (Office Medium Intensity) development and 10.8 acres ofpark/open space. Citizens were notified of the OZ -00 -05 & OPUD -19 rezoning request through site posting and letters of notification to property owners within 300' of the subject property. Additionally, appropriate legal notice was published in the Owasso Reporter. The Owasso Planning Commission reviewed the request at their May 9, 2000 regular meeting. At that meeting, staff presented the request to the members of the Planning Commission and also received comments and questions from approximately 5 interested citizens. After hearing all concerns and answering all questions, the Planning Commission acted separately on the zoning request and PUD. The Planning Commission unanimously recommended approval of OZ -00 -05 and staff concurs with that recommendation. OPUD -19 was, also, unanimously recommended for approval by the Planning Commission. Staff concurs with that recommendation. A copy of the staff report for OZ -00 -05 & OPUD -19 is attached for your information and review. Separate action will be required on each request, with action occurring on the zoning first, followed by the Planned Unit Development. RECOMMENDATIONS OZ -00 -05 Staff recommends approval of OZ- 00 -05, rezoning the subject property from AG to OM (23.2 acres), RD (16.9 acres) and RS -3 (40.2 acres). OPUD -19 Staff recommends approval of OPUD -19 subject to conditions of approval. ATTACHMENTS 1. Subject Map 2. Staff Report for OZ -00 -05 & OPUD -19 Surrounding Zoning CITY OF OWASSO Planning Department OPUD -19 & OZ -00 -05 Staff Report Donna S. Sorrells - City Planner CONCEPT OF A PUD The concept behind a Planned Unit Development is to provide a creative alternative to a conventional development where a particular tract is under common ownership or control, and a detailed plan (Outline Development Plan) for the development of the tract as a unit is proposed and submitted for public input and review. The PUD allows for greater creativity and flexibility than could be achieved by traditional zoning in the planning and development of large parcels of land. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete, coordinated plan of development for a larger parcel, rather than piecemeal the changes by using variances of the zoning regulations. BACKGROUND Planned Unit Development #19 is 80.3 acres in size, all of which is undeveloped. Currently, the entire tract is zoned AG (Agriculture) and was annexed by the City of Owasso in March of this year. The subject property is located on the north side of E. 106th Street N. between Gannett Road and Mingo Road. The property is bound on the east and west by unplatted parcels (Tulsa County) zoned AG (Agriculture) with residences. To the north is the Owasso Sports Complex, zoned AG. Adjacent to the northeast corner of the site is Hale Acres Subdivision, zoned RS -1 (Residential Single - Family, Low Density). The property to the south is undeveloped and unplatted and was rezoned to PUD in February of 1999. The development, known as The Lakes at Bailey Ranch will be mixed use consisting of high- density single - family residential, patio homes, townhomes, multi - family residential, Office and shopping center. The applicant is requesting approval of PUD supplemental zoning on the subject tract that would be developed in accordance with a submitted Outline Development Plan and Text. The PUD application is accompanied by a zoning application (OZ- 00 -05). The plan and text call for the development of 36 acres of single - family residential with RS -3 (Residential Single Family, High Density) development, 14.2 acres of RD (Residential Duplex) development, 19.3 acres of OM (Office Medium Intensity) development and 10.8 acres of park/open space. Staff is proposing a concurrent review of OPUD -19 and OZ- 00 -05. STAFF ANALYSIS The Zoning Code identifies that the Planning Commission shall conduct a public hearing and shall determine: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of the surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD Ordinance. a. Permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. Permit flexibility within the development to best utilize the unique physical features of the particular site; c. Provide and preserve meaningful open space; d. Achieve a continuity of function and design within the development. CONSISTENCY WITH COMPREHENSIVE PLAN The 2010 Land Use Master Plan, recently completed and adopted by the Planning Commission and City Council in January of this year,is implemented through the use of the zoning process. This means that when zoning or PUD requests are presented to the Planning Commission and City council, they should be consistant with the Comprehensive Plan or logical reasons should be presented to show that the plan needs to be amended. The Comprehensive Plan designates the subject property to be developed as low - intensity residential accommodating greenway /pedestrian trail. The southerly 19.3 acres are designated as office, the middle 19.3 acres of the PUD will be developed as single - family detached residential and the northern portion of the site, adjacent to the Owasso Sports Complex is planned 14.2 acres of single - family duplex. It is staffs opinion that the residential portions of this PUD plan are in line with the Comprehensive Plan. Although the Plan does not call for office uses on the north side of E. 106th Street N., it did call for an extensive area of commercial/office along the south side of the road. Since the approved PUD development plan for the Lakes at Bailey Ranch does not utilize the entire area allotted by the Comprhensive Plan as commercial/office, it is staffs opinion this use is appropriate and does not significantly deviate from the spirit of the Plan. Harmony with Existing and Expected Development There has been a trend with new development in the Owasso area toward more mixed -use developments. The area of the subject property is just such a case with the previouly mentioned Lakes at Bailey Ranch as well as Hale Acres, which has a mixture of residential uses. One of the primary benefits of the mixed -use PUD concept is the distribution of land uses within the community. For intance, the proposed Office within the subject area offers the possibilty of neighborhood residents' use of the space, thus alleviating their need to travel to a place of employment, further alleviating additional traffic. This is only one simplified example of the benefits of the PUD concept which, when extrapolated, become many. It is staffs opinion that development which would be permitted with both the requested underlying zoning as well as the proposed PUD, would be consistent with existing and expected development. Legal, Planning and Site Engineering The applicant has provided two on -site lakes within the natural drianage way on the site, as well as significant greenway /park adjacent to the lakes and through the site. A detailed drainage report is recommended for this development at the time of platting. The open space is, apparently, in line with the Comprehensive Plan's call for greenway /pedestrian trail in this area. The Development Plan does not address the pedestrian trail issue. Staff would recommend the requirement of a trail system related to the greenway and extending through the site. Staff would also recommend the inclusion of a sidewalk along E. 106th Street N. in addtion to the required internal sidewalk system. Vehicular circulation is well planned with a single boulevard entrance on to E. 106th Street N. and a stub -out for connection with future devleopment to the east. Staff would recommend the applicant consider a future connection to the west, also. Unified Treatment of the PUD Sub iect Area The applicant has effectively utilized the project site and its existing natural features. The creation of lakes and the associated open space within the primary natural drainageway will be a valuable amenity for the neighborhood. The Outline Development Plan does not address lot layout and secondary circulation patterns. It should be noted at this time, the solutions regarding these issues should meet the standards of the Owasso Subdivision Regulations. Staff recommends no flag lots be permitted. RECOMMENDATION OZ -00 -05 It is staffs opinion that OZ -00 -05 is consistent, in spirit, with the Comprehensive Plan and the Amendments Chapter of the Zoning Code. Staff recommends approval of OZ- 00-05, rezoning the subject property from AG to OM (23.2 acres), RD (16.9 acres) and RS -3 (40.2 acres). OPUD -19 It is staffs opinion that OPUD -19 is consistant with the Comprhensive Plan and the Planned Unit Development portion of the Owasso Zoning Code. Staff recommends approval of OPUD -19 subject to the following conditions: That the applicant's Development Text and Outline Development Plan be considered the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. 2. That within OPUD -19, the maximum number of development units shall not exceed 335. 3. That the applicant address lot configuration, secondary vehicular circulation, and pedestrian circulation at the time of site plan review. 4. That sidewalks be required along E. 106th Street N. 5. That a trail system be required throughout the greenway as required by the Comprehensive Plan. 6. That a detailed drainage report, certified by an engineer, be required at the time of platting. 7. That no flag lots be permitted within this development. 8. That the reference on page 6 of the PUD text pertaining to a lein being placed on a Homeowner's "personal property" be changed to "real property ". 9. That minor transfers (10% increase in a development area's density) of dwelling units from one form of residential development area to another can occur if a significant change in the character of the either development area is not created. 10. That no building permits be issued within any portion of the PUD until all criteria oulined within Chapter 8 of the Owasso Subdivision Regulations are met by the developer. 11. That all conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. 12. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 13. That acceleration /deceleration lanes be required on E. 106th Street N. 14. Detailed landscaping plans (type, species, size, location, and irrigation) shall be required to be submitted with site plans of any office development. Said plans will reviewed by staff and must be approved by the Planning Commission. 15. That sidewalks be provided as set required by section 3.4 "Sidewalks" of the Owasso Subdivision Regulations. ATTACHMENTS 1. Location/Zoning Map 2. Application for PUD 3. Application for rezoning 4. Letter of notification for OPUD -19 & OZ -00 -05 5. Legal advertisement for OPUD -19 & OZ -00 -05 6. Applicants submittal material Please publish the following legal advertisement in the April 27, 2000 edition of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Donna Sorrells P.O. Box 180 Owasso, OK 74055 Please bill publication costs to: Theresa Spears 9709 N. Garnett Road Owasso, OK 74055 RE: Rezoning and Planned Unit Development NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA , APPLICATION: OZ-00-05, OPUD-19 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 9th day of April, 2000. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: A TRACT OF LAND SITUATED IN THE EAST HALF (E /2) OF THE SOUTHWEST QUARTER (SW /4) OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE I.B. & M., TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 990.00 FEET OF THE WEST 1020.00 FEET OF THE EAST HALF (E /2) OF THE SOUTHWEST QUARTER (SW /4). SAID TRACT CONTAINING 23.2 ACRES MORE OR LESS. ALONG WITH A TRACT OF LAND SITUATED IN THE EAST HALF (E /2) OF THE SOUTHWEST QUARTER (SW /4) OF SECTION 7,