Loading...
HomeMy WebLinkAbout698_OPUD 01-04_W N 145 E Ave & N E 106 St NTulsa County Clerk - EARLENE WILSON Doc # 02013207 Pes 2 8/p 6682/1079 -1080 Reciept 561904 01/29/02 13:50:45 Fee 15.00 000561904004 CITY OF OWASSO ORDINANCE NO. 698 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD- 01 -04, PROVIDING FOR THE SUPPLEMENTAL DESIGNATION PUD ON A TRACT OF LAND CONTAINING APPROXIMATELY 89.34 ACRES, LOCATED WITHIN SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit Development concerning 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 OPUD- 01-04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: Section 1. The zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of OPUD -01 -04 (Planned Unit Development) on the following described property, to -wit: A TRACT OF LAND SITUATED IN THE EAST HALF (E /2) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE /4); THENCE S88°44'39 "W AND ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER (NE/4) A DISTANCE OF 1652.14 FEET TO THE NORTHEAST CORNER OF THE WEST HALF (W/2) OF THE EAST HALF (E/2) OF THE NORTHWEST QUARTER (NW/4) OF THE SOUTHEAST QUARTER (SE /4); THENCE S01°19'57 "E AND ALONG THE EAST LINE OF THE WEST HALF (W /2) OF THE EAST HALF (E/2) OF THE NORTHWEST QUARTER (NW /4) OF THE SOUTHEAST QUARTER (SE/4) A DISTANCE OF 780.77 FEET; THENCE S88°44'40 "W AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER (SE/4) A DISTANCE OF 817.20 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 169; THENCE N01°18'07"W AND ALONG SAID EASTERLY RIGHT -OF -WAY LINE A DISTANCE OF 780.77 FEET TO O A POINT ON SAID SOUTH LINE OF THE NORTHEAST QUARTER (NE /4), SAID POINT BEING 174.50 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER (NE/4); THENCE N01°17'57 "W, CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF 1107.45 FEET; THENCE N03°33'54 "E CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 212.57 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (S /2) OF THE NORTHEAST QUARTER (NE /4), SAID POINT BEING 192.31 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTH HALF (S /2) OF THE NORTHEAST QUARTER (NE /4); THENCE N88°44'40 "E ALONG THE NORTH LINE OF THE SOUTH HALF (S /2) OF THE NORTHEAST QUARTER (NE /4) A DISTANCE OF 2448.55 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF (S /2) OF THE NORTHEAST QUARTER (NE /4); THENCE S01°24'05 "E ALONG THE EAST LINE OF SAID NORTHEAST QUARTER (NE /4) A DISTANCE OF 1319.26 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINING 89.34 ACRES, MORE OR LESS. Section 2. The City Council hereby authorizes development upon such tract in accordance with the provisions of the Outline Development Plan of October 11, 2001 submitted with the application, as well as all amendments or modifications thereto, as required by City Council, same being hereby made a part hereof such Outline Development Plan and included therewith. 7 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby expressly repealed. Section 4. That this Ordinance shall become effective thirty (30) days from the date of first Publication as provided by state law. PASSED AND APPROVED this 4th day of December 2001. SEAL Mazc' outwell, City Clerk APPR D AS TO FORM Ronald D. Cates, City Attorney City of Owasso, Oklahoma louse, Mayor TO FORM ATTEST is! Marcia Boutwell Ma.rcla Boutwe!1, Cit Clerk of Owasso, Oklahoma / MpfV Lou Barnhouse Marv Lou Barnhouse, Mayor Affidavit Of Publication OWASSO REPORTER 'STATE OF OKLAHOMA, TULSA COUNTY, ss: BiB R. Retherford, oflawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: Subscribed and sworn to before me this 14th My Commission PUBLISHER'S FEE $ 168.30 CITY OF OWASSO ORDINANCE NO. 698 Published In the Owasso Reporter Oklahoma, December 13, 200-: AN ORDINANCE APPROVING PLA.NNED UNIT DEVELOP- MENT ,APPLICATION NO OPUD-01-04 PROVIDING FOR THE SUPPLEMENTAL DESIGNATION PUD ON A TRACT OF L.AND CONTAINING APPROXIMATELY 89,34 ACRES. LOCATED WITHIN SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST. TULSA COUNTY. OKLAHOMA, REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE WHEREAS, publ,c hearings have been held regarding the i"equesl to; approval OT a Planned Unit Development concerning the property herein described, and, WHEREAS. the Owasso City Council has considered the rec- ommendation of the Owasso Planning Commission and all state- ments for and against the requested rezoning of application OPUD~ 0'1-04- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA. THA.T, TO-WIT SectloJ:l....l The zoning map of the City at OwassQ, Oklahoma be amended to reflect the designation of OPUD-01-04 (Planned Unit Qnlhe follOWing described property, to- Wit ,~TRACT OF LAND SITUATED IN THE EAST HALF (E/2) OF SEC- TION 9, TOWNSHIP 21 NORTH. RANGE 14 EAST, OF THE INDI- AN BASE ANG MERIDIAN, TULSA COUNTY, SlATE OF OKLA- HOMA. BEiNG MORE PARTICULARLY DESCRIBED AS FOL- LOWS BEGINNING AT THE SOUTHEAST CORNER OF THE !~ORTHEAST QUARTER THENCE S88'44'39"W AND ALONG THE OF SAID NORTHEAST OUARTER A DISTANCE OF 1652.14 FEET TO THE 00 THE WEST HALF OF THE EA.ST HAle OF THE NORTHWEST (NW/4) OF THE OUARTEIl THENCE SO'-' 9'57"E AND ALONG THE EAST THE WEST HAL" OF THE EAST HALF (E/2) OF THE NORTH- WEST (NW/4) OF THE SOUTHEAST QUARTER (SE/4) A DISTANCE OF 780.77 FEET THENCE S88'44'40"W AND PARALLEL WITH THE SOUTH LINE OF THE SOUTH- EAST QUARTER (SE/4) A DISTANCE OF 817,20 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U,S HIGHWAY 169 THENCE N01'18'OTW AND .ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 780.77 FEET TO A POINT ON SAID SOUTH LINE OF THE NORTH- EAST QUARTER (NE/4), SAID POINT BEING 174.50 FEET EAST OF THE SOUTHWEST CORNER OF THE NORTH- EAST OUARTEIl (NE/4); THENCE NO-I '17'57"W, CONTINU- iNG ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF .! 1 07.45 FEET THENCE N03'33'54"E CONTINUING Al.ONG SAID EASTERLY RIGHT-OF-WAY LINE A DIS- TANCE OF 212.57 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF (S/2) OF THE NORTHEAST QUAR- TER SAID POINT BEING 192.31 FEET EAST OF THE CORNER OF THE SOUTH HALF (S/2) OF THE NORTHEAST QUARTER THENCE N88 4440"E ALONG THE NORTH LINE OF SOUTH HALF OF THE NORTHEAST QUARTER (NE/4) A DIS- :244855 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE NORTHEAST QUAR- TER THENCE ,\LONG THE EAST LINE OF QUARTER (NE/4) A DISTANCE OF "31926 FEET TO THE POINT OF BEGINNING. SAID TPACT COI\TAINING 89 34 ACRES, MORE OR LESS sucr, tract aCcordance With prOVISions 01 the Outline Development Plan at October 200-1 submitted With the applica- tlor:, as wei: as all amendments or modifications thereto, as requiI'ed Dy Counc", same being made a part hereof such Outline Pian and therewith Section :1. That all ordinances or pans of ordinances in conflict hereWith be. and the same, are hereby Section 4 That this Ordinance shall become thirty (30) days from the date of first as prOVided by state iaw PASSED /,ND this 4'" day at December 2001, Owasso, Tulsa County, TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: ORDINANCE 4698 OPUD -01 -04 (WARD ONE) DATE: November 27, 2001 At the November 20, 2001 regular meeting, the City Council unanimously approved a Planned Unit Development supplemental zoning request for a 89.34 acre, more or less, parcel of land located approximately 1/4 mile south of E. 116th Street N. (State Highway 20) and west of N. 14561 E. Avenue. The underlying zoning for the subject property was previously established by Ordinance No. 697 (OZ- 01 -09). Ordinance No. 698 would formally adopt the action taken by the City Council at the November 20, 2001 meeting. RECOMMENDATIONS Staff recommends approval of Ordinance No. 698. ATTACHMENTS 1. Location Map 2. Ordinance No. 698 0 MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DONNA SORRELLS CITY PLANNER SUBJECT: PUD AND REZONING OPUD -01 -04 AND OZ -01 -09 (WARD ONE) DATE: November 15, 2001 BACKGROUND Pittman Poe & Associates has requested approval of a rezoning request and a Planned Unit Development application. Currently, the entire tract is zoned AG (Agriculture) and the annexation was approved by Council at the November 6, 2001 meeting. The subject property is located approximately 1/4 mile south of E. 116th Street N. and west of N. 145th E. Avenue. A location Map is attached for your information and review. 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- 01 -09. The plan and text call for the development of 8.14 acres of OM (Office Medium), 35.92 acres of CS (Commercial Shopping), 10.01 acres of CG (Commercial General), and 35.26 acres of IL (Industrial Light). The applicant has proposed, within the PUD text, the option of approximately 14.64 acres of CS (Commercial Shopping) being converted to RM -2 (Residential Multi - Family, High Density). The option will require either rezoning of the subject portion or approval of a special exception by the Owasso Board of Adjustment to allow for the use within the CS zoning district. The public was notified of the rezoning request, OPUD -01 -04 and OZ- 01 -09, through site posting and letters of notification to property owners within 300' of the subject property. Additionally, appropriate legal notification was published in the Owasso Reporter. The Owasso Planning Commission reviewed the request at the November 13, 2001 regular meeting. At that meeting, staff presented the item to the members of the Planning Commission and also received comments and questions from interested citizens. After hearing all concerns and answering all questions, the Planning Commission unanimously recommended approval of both OPUD -01 -04 and OZ -01 -09 subject to the conditions recommended by staff as well as two additional conditions proposed by the Commission. Staff concurs with this recommendation. A copy of the Planning Commission staff report is attached for your review. The two additional conditions recommended by the Planning Commission are as follows: 1. The applicant shall limit the number of access points along the proposed service road; and, 2. The applicant shall pay particular attention to drainage issues at the southeast comer of the subject property. PUBLIC DISCUSSION Two adjacent residents attended the meeting and voiced concerns regarding existing flooding conditions within the southeast comer of the subject property. RECOMMENDATIONS Separate action will be required on each request, with action occurring on the zoning first, followed by the Planned Unit Development. Staff recommends approval of OZ- 01 -09, rezoning the property from AG (Agriculture) to OM (Office Medium), 8.14 acres; CS (Commercial Shopping), 35.92 acres; CG (Commercial General), 10.01 acres; and IL (Industrial Light), 35.26 acres. Staff recommends approval of OPUD -01 -04 subject to all conditions of approval imposed by the Owasso Planning Commission. ATTACHMENTS 1. Location Map ENCLOSURES 1. Planning Commission Staff Report 2. Outline Development Plan and Text LOCATION MAP N.T.S. 106 STREET N. N.T.S. CITY OF OWASSO Planning Department OPUD -01 -04 & OZ -01 -09 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 rolan of development for a larger parcel, rather than piecemeal the changes by using variances of the zoning regulations. BACKGROUND Planned Unit Development 90PUD -01 -04 is 89.3 acres, more or less, all of which is undeveloped. The subject property is located approximately 1/4 mile south of E. 110h Street N. (State Highway 20) between U.S. Highway 169 and N. 145`h E. Avenue and is generally described as a portion of the East Half (E /2) of Section 9, Township 21 North, Range 14 East, of the Indian Base and Meridian, Tulsa County, State of Oklahoma. The subject property is currently zoned AG (Agriculture). The property is bound on the north by the Interchange Business Park PUD to which this proposed development will be closely related; on the east by N. 145`h E. Avenue and, further, by rural residential /agriculture; on the south by the future Tulsa Technology Center; and on the west by U.S. Highway 169. Pittman Poe & Associates, agent for the owner, 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- 01 -09. The plan and text call for the development of 8.14 acres of OM (Office Medium), 35.92 acres of CS (Commercial Shopping), 10.01 acres of CG (Commercial General), and 35.26 acres of IL (Industrial Light). The applicant has proposed, within the PUD text, the option of approximately 14.64 acres of CS (Commercial Shopping) being converted to RM -2 (Residential Multi - Family, High Density). The option will require either rezoning of the subject portion or approval of a special exception by the Owasso Board of Adjustment to allow for the use within the CS zoning district. Staff is proposing concurrent review of OPUD -0 1 -04 & OZ- 01 -09. 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 Owasso 2010 Land Use Master Plan identifies the subject property as High Intensity Commercial and High Intensity Corporate /Technical, for which appropriate zoning districts would be commercial, office and/or light industrial. It is staffs opinion this application is in conformance with the Comprehensive Plan. Harmony with Existing and Expected Development As previously stated, this development abuts the Interchange Business Park PUD located to the north of the subject property. The proposed PUD is directly related to the previous PUD in coordinated circulation, use types and arrangement, and overall organization. The proposed PUD also provides excellent support possibilities for those businesses which will want direct association with the future Tulsa Technology Center. Anticipated development activities east of N. 145`" E. Avenue include additional Corporate /Technical and high density single - family residential. Staff considers this development to be harmonious with existing and expected development in the area. Legal. Planning and Site Engineering The applicant has identified the terrain of the subject property as relatively flat with two minor ridge lines and one minor drainageway which flows north to south and soils which are typical for the area and create no unusual development problems. Detention facilities are not specifically designated within the subject property. If unified detention facilities are to be proposed, all facilities must be constructed and functional prior to release of a building permit for a site which will utilize such facilities. A detailed drainage report is required by the Public Works department at the time of the first plat submitted within the PUD. Sewer and water have been extended to the north along the west side of N. 145`" E. Avenue. This property will be subject to an interceptor payback fee assessment at the time of platting. It is the opinion of both the Community Development and Public Works departments that the east -west road and service road shown on the Outline Development Plan should be developed as collector roads. Sidewalks will be required along all public rights -of -way associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots /sites are developed. Acceleration/deceleration lanes are required at all access locations along arterial and service roads. Unified Treatment of the PUD Subject Area The applicant has effectively utilized the site and its existing features and thoughfully arranged various land uses proposed within the PUD. A property owners' association will be established, and, at the time of platting, detailed covenants and restrictions incorporating all conditions of the PUD and governing the unified design and function of the various uses shall be submitted. RECOMMENDATION Staff recommends approval of OPUD -01 -04 and OZ -01 -09 subject to the following conditions: 1. The primary east -west road and service road as shown on the Outline Development Plan shall be developed as collector roads. 2. Sidewalks along the perimeter of the development, except at those locations where the future business will actually front the arterial or service road shall be installed at the time of development. All other sidewalks shall be installed at the time of site construction. 3. Acceleration/deceleration lanes shall be required at all access points along arterial and service roads. 4. A detailed drainage report shall be submitted to and approved by the Public Works department prior to the processing of any plat associated with the PUD. 5. Detailed covenants and restrictions incorporating all conditions of the PUD and governing the unified design and function of the PUD shall be required at the time of platting. 6. The applicant's Outline Development Plan and Text shall be filed of record in the office of the Tulsa County Clerk and two recorded copies provided to the City Planner prior to the processing of any plat associated with the PUD. 7. Unless specifically set out in the standards and conditions of this PUD, office development shall meet all requirements of the OM (Office Medium) district. 8. Unless specifically set out in the standards and conditions of this PUD, office development shall meet all requirements of the CS (Commercial Shopping) district. 9. Unless specifically set out in the standards and conditions of this PUD, office development shall meet all requirements of the CG (Commercial General) district. 10. Unless specifically set out in the standards and conditions of this PUD, office development shall meet all requirements of the IL (Industrial Light) district. 11. Prior to development of the optional RM -2 (Residential Multi- Family, High Density), a special exception shall be granted by the Owasso Board of Adjustment or a rezoning application approved. No amendment to the PUD shall be required as long as the development is in accordance with the approved Outline Development Plan. 12. Within the PUD, the maximum number of multi - family dwelling units, if applicable, shall not exceed 243. 13. All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval shall be met as conditions of the PUD. 14. A detailed, certified drainage report be submitted to and approved by the Public Works department prior to Planning Commission review of the first plat associated with the PUD. 15. 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. 16. No building permit shall be issued within any portion of the PUD until all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations are met by the developer. 17. Detailed landscape plans for individual sites shall be submitted at the time of site plan review. 18. Area markers, including associated landscaping and lighting, shall be submitted to and approved by the Owasso Planning Commission as required by the Sign Ordinance. 19. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process. ATTACHMENTS 1. Location Map 2. Application and Checklist for OPUD -01 -04 3. Application for OZ -01 -09 4. Proposed Zoning Map 5. TAC Comments 6. Letter of Notification for OPUD -01 -04 & OZ -01 -09 7. Legal Notification for OPUD -01 -04 & OZ -01 -09 8. Outline Development Plan and Text