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HomeMy WebLinkAbout660_OZ 00-10_61.24 Acres_s of E 116 St N and w of N 145th E Ave_Ag to OMTULSA COUNTY CLERK - JOAN HASTINGS Doc # 00134272 Pgs 2 B/P 6455/2562-2563 Receipt N 484335 12 /27/00 120813 Fee 10.00 000484335005 CITY OF OWASSO ORDINANCE NO. 660 AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-00-10 CHANGING THE ZONING OF PROPERTY LOCATED WITHIN SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AG (AGRICULTURE) TO CS (SHOPPING CENTER), CG (COMMERCIAL GENERAL), IL (INDUSTRIAL LIGHT) 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-00-10. NOW, THEREFORE, BE IT ORDAINED BY THE 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 LOCATED IN THE NORTH HALF OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9, THENCE N88°44'40 "E ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1289.63'; THENCE S1°15'26 "E A DISTANCE 100.00 TO THE POINT OF BEGINNING; THENCE S1°15'26 'E A DISTANCE OF 1219.27' TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE S88°44'40 "W A DISTANCE OF 1096.57' TO A POINT ON THE EAST LINE OF THE U.S. HIGHWAY 169 RIGHT -OF -WAY; THENCE N3°33'54 'E ALONG SAID RIGHT-OF-WAY A DISTANCE OF 263.18'; THENCE N10°22'02 "E A DISTANCE OF 513.80'; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1507.39 "AND A DISTANCE OF 305.82' HAVING A CHORD N4°33' 18 "E, 305.30'; THENCE N1°15'26"W A DISTANCE OF 100.00'; THENCE N83°58'45 "E A DISTANCE OF 602.08'; THENCE N88°44'34 "E A DISTANCE OF 340.00' TO THE POINT OF BEGINNING, CONTAINING 27.87 ACRES, MORE OR LESS, ACCORDING TO THE U.S. SURVEY THEREOF, be, and the same is hereby rezoned from AG (Agriculture) to CS (Shopping Center), AND A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9, THENCE N88°44'40 'E ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1289.63' TO THE POINT OF BEGINNING; THENCE N88°44'40 "E ALONG THE NORTH LINE OF SAID NORTH HALF A DISTANCE OF 1348.66' TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE S1°24'05 'E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 457.70'; THENCE S88°20'00 "W A DISTANCE OF 1349.85'; THENCE N1°15'26"W A DISTANCE OF 467.39'; TO THE POINT OF BEGINNING, CONTAINING 14.33 ACRES, MORE OR LESS, ACCORDING TO THE U.S. SURVEY THEREOF, be, and the same is hereby rezoned from AG (Agriculture) to CG (Commercial General), AND A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9, THENCE N88°44'40 "E ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1289.63'; THENCE S1°15'26 'E A DISTANCE OF 467.38' TO THE POINT OF BEGINNING; THENCE N88°20'00 'E A DISTANCE OF 803.18'; THENCE S1°24'05 "E A DISTANCE OF 200.00'; THENCE S88°20'00 'W A DISTANCE OF 113.33'; THENCE S1°24'05 "EADISTANCE OF 330.00'; THENCE S88°30'00 'W ADISTANCE OF 691.17'; THENCE Nl1°15'26 "W A DISTANCE OF 528.00' TO THE POINT OF BEGINNING, CONTAINING 8.91 ACRES, MORE OR LESS, ACCORDING TO THE U.S. SURVEY THEREOF, be, and the same is hereby rezoned from AG (Agriculture) to IL (Industrial Light), AND A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9, THENCE N88°44'40 'E ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1289.63'; THENCE S1°15'26 "E A DISTANCE OF 995.38' TO THE POINT OF BEGINNING; THENCE N88°30'00 "E A DISTANCE OF 1351.16' TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER, THENCE S1°24'05 "E ALONG SAID EAST LINE A DISTANCE OF 329.65'; THENCE S88°44'40 'W ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 1351.98'; THENCE N1°15'26 "W A DISTANCE OF 323.88' TO THE POINT OF BEGINNING, CONTAINING 10.14 ACRES, MORE OR LESS, ACCORDING TO THE U.S. SURVEY THEREOF, be, and the same is hereby rezoned from AG (Agriculture) to OM (Office Medium). 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. ASSED AND APPROVED this 7th day of November, 2000. City of Owasso, Oklahoma H. C. Williams, Mayor Mar&a Boutwell, City Clerk APPR D AS TO FORM 3 D. Cates, City Attomey TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE No. 660 OZ -00 -10 (Ward One) DATE: I October 31, 2000 BACKGROUND At the October 17, 2000 regular meeting the City Council unanimously approved a rezoning request for a 61.24 acre, more or less, parcel of land located south of E. 116th Street N. (State Highway 20) and west of N. 145th E. Avenue. Ordinance No. 660 would formally adopt the action taken by the City Council at the October 17, 2000 meeting. RECOMMENDATIONS Staff recommends approval of Ordinance No. 660. ATTACHMENTS 1. Location Map 2. Ordinance No. 660 CI MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: REZONING AND PLANNED UNIT DEVELOPMENT OZ -00 -10 & OPUD -21 DATE: October 11, 2000 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 September of this year. The subject property is located south of E. 116th Street N. (State Highway 20) between N. 145th E. Avenue and U.S. Highway 169. 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 -10). The plan and text call for the development of 27.87 acres of CS (Shopping Center) located, generally, on the western half of the subject property adjacent to U.S. Highway 169, 14.33 acres of CG (Commercial General) located across the northern boudary of the property along E. 116th Street N. (State Highway 20), 10.14 acres of OM (Office Medium) located along the eastern half of the south property line adjacent to a proposed public right -of -way and immediately south of the commercial fronting E. 116th street N. adjacent to a proposed north -south right -of -way, and 8.91 acres of IL (Industrial Light) located within the central interior of the property adjacent to the proposed north -south right -of -way. Citizens were notified of the OZ-00-10 and OPUD -21 rezoning request through site posting and letters of notification to property owners within 300' of the subject property. Addtionally, appropriate legal notification was published in the Owasso Reporter. The Owasso Planning Commission reviewed the requests at the October 10, 2000 regular meeting. The Planning Commission unanimously recommended approval of OZ-00-10 and staff concurs with that recommendation. OPUD -21 was, also unanimously recommended for approval by the Planning Commission. Staff concurs with that recommendation. A copy of the staff report for OZ-00-10 & OPUD-21 is attachedc for your review. Separate action will be required on each request, with action occuring on the zoning first, followed by the Planned Unit Development. RECOMMENDATIONS OZ -00 -10 Staff recommends approval of OZ- 00 -10, rezoning the subject property from AG (Agriculture) to CS (27.87 acres), CG (14.33 acres), OM (10.14 acres), and IL (8.91 acres). OPUD -21 Staff recommends approval of OPUD -21 subject to conditions of approval. ATTACHMENTS 1. Location Map 2. Outline Development Plan & Text 3. Staff Report for OZ -00 -10 & OPUD -21 CITY OF OWASSO Planning Department OPUD -21 & OZ -00 -10 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 #21 is 61.24 acres, more or less, all of which is undeveloped. Currently, the property is in the process of being annexed. Upon annexation, the property will be zoned AG (Agriculture). The Planning Commission unanimously recommended approval of the annexation at the August 8, 2000 regular meeting. The subject property is located west of N. 145th E. Avenue and south of E. 116th Street N. (State Hwy. 20). The property is surrounded on the north, east and south by rural residential, undeveloped parcels and on the west by U.S. Highway 169. . 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 -10. The plan and text call for the development of 27.87 acres of CS (Shopping Center) located, generally, on the western half of the subject property adjacent to U.S. Highway 169, 14.33 acres of CG (Commercial General) located across the northern boudary of the property along E. 116th Street N. (State Highway 20), 10.14 acres of OM (Office Medium) located along the eastern half of the south property line adjacent to a proposed public right -of -way and immediately south of the commercial fronting E. 116th street N. adjacent to a proposed north -south right -of -way, and 8.91 acres of IM (Industrial Moderate) located within the central interior of the property adjacent to the proposed north -south right -of -way. Staff is proposing a concurrent review of OPUD -21 and OZ -00 -10 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 is implemented through the use of the zoning process. Therefore PUD and rezoning requests are obliged to be consistent with 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, primarily, high intensity Commercial/Office with a small portion designated medium intensity Commercial/Office and the remaining portion of the property designated high intensity Corporate Technical. It is staffs opinion this proposed rezoning is in compliance with the Comprehensive Plan except with respect to the IL (Industrial Light). It is, however, staffs opinion that an IL (Industrial Light) designation would not constitute a significant deviation from the Comprehensive Plan and is appropriate within this proposed development. Harmony with Existing and Expected Development Approximately 1/4 mile to the east and 1/2 mile to the north are existing rural residential developments. The remaining surrounding property is undeveloped rural residential/agriculture. This proposed PUD will constitute the first significant development of the area, so is difficult to identify as harmoniuos with existing development. As previously stated, the proposed development conforms with the developmental guidelines established in the Comprehensive Plan. Therefore, it is consistant with expected development trends in the area. The applicant has thoughtfully arranged the land uses with the most intensive along the highway (U.S. 169 and State 20) corridors and the industrial buffered by commercial and office from existing and future users of the adjacent properties. It is staff s opinion that this development would be harmonious with existing and expected development. Legal, Planning and Site Engineering The applicant has identified the terrain of the subject property as "characterized by relatively flat terrain with two minor drainageways" with no on -site floodplain and stable soils which are excellent for development. Although not shown on the Outline Development Plan, detention facilities, either site - specific or common, will be required during subsequent phases of the planning process. During the annexation of the Coffee Creek PUD (formerly Woodridge) and the Tulsa Technology Center site located south of the subject property, the extension of the service road along the east side of the U.S. Highway 169 corridor was proposed. Staff believes the further extension of the service road northward connecting to the conceptually planned service road along State Highway 20 would be logical and sound devlopment practice. Staff recommends the applicant consider this extension of the service road northward. If the applicant choses this option, at the time of platting this road should be shown as a collector road. The Outline Development Plan shows an east -west oriented public right -of way centered along the eastern portion of the southern boundary of the property. The applicant should, at the time of platting, provide staff with a signed, legal agreement with the adjacent property owner stating afirmative agreement of the use of that portion of their property for that purpose. Otherwise, the entire right -of -way should be located within the applicant's property. Staff recommends the applicant consider extending this road westward to the U.S. Highway 169 service road and the road be developed to collector road standards. The north -south oriented public right -of -way, which bisects the property, should be developed as a collector road unless the service road is extended northward. Sidewalks will be required along all public rights -of -way associated with the subject property. Construction of the internal sidewalks would be required as building construction occurs. Construction of the walks along N. 145th E. Avenue and State Highway 20 (E. 116th Street N.) are required at the time of development. The applicant, however, may wish to consider establishing an escrow account for the installation of the sidewalk along State Highway 20 until after the planned improvements to that road. Acceleration/deceleration lanes will be required at the time of platting. The applicant has proposed to name the subject development "Interchange Business Park ". An existing development further south on U.S. Highway 169 is named the same. According to Section 2.3.2.A of the Subdivision Regulations for the City of Owasso, the proposed name of a subdivision should not duplicate or too closely resemble the name of an existing subdivision in Tulsa or Rogers Counties. Therefore, staff recommends that at the time of platting, the applicant select an alternative title for the development. Unified Treatment of the PUD Subiect Area The applicant effectively utilitized the site and its existing features and thoughtfully located the various land uses proposed within the PUD. A Property Owner's Association will be established. At the time of platting, detailed covenants and restrictions should be submitted governing the unified design and function of the Planned Unit Development. RECOMMENDATION Staff recommends approval of OPUD -21 and OZ-00-10 subject to the following conditions: The applicant should consider extension of the U.S. Highway 169 service road northward from the Tulsa Technology Center. 2. The applicant should consider extension of the east -west oriented public right -of -way westward to the U.S. Highway 169 service road and development of this roadway as a collector road. 3. Location of the east -west oriented public right -of -way should be located entirely within the subject property or a legal agreement with the adjacent property owner should be supplied for the location of the road centered along the property line. 4. The following items should be addressed at the time of platting: a) A north -south right -of -way should be developed as a collector. b) Sidewalks along rights -of -way c) Acceleration/deceleration lanes along State Hwy. 20 and N. 145th E. Ave. d) Renaming of development. e) Detailed covenants and restrictions governing the unified design and function of the PUD. ATTACHMENTS 1. Location Map 2. Application for OPUD -21 3. Application for OZ -00 -10 4. Letter of notification for OPUD -21 & OZ -00 -10 5. Legal notification for OPUD -21 & OZ -00 -10 6. Outline Development Plan and Text