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HomeMy WebLinkAbout706_OPUD 02-01_SW C E 96 St N & GarnettTulsa County Clerk - EARLENE WILSON Doc# 02084258 6778/0582-0582 Receipt # 593377 07/08/02 09:42:40 Fee 13.00 000593377004 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 706 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD 02-01, PROVIDING FOR THE SUPPLEMENTAL DESIGNATION PUD ON A TRACT OF LAND CONTAINING APPROXIMATELY 7.94 ACRES LOCATED WITHIN SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, STATE OF OKLAHOMA, 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 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-02-01. 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 PUD-02-01 (Planned Unit Development) on the following described property, to-wit: THE EAST 576.73 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (N/2 NE/4 NE/4) OF SECTION NINETEEN (19), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS THE NORTH FIFTY (50) FEET AND LESS THE EAST 30 FEET THEREOF, CONTAINING 7.94 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 February 14, 2002, 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. SECTION 3: That all ordinances or parts of ordinances in conflict herewith be, and the same, are hereby expressly repealed.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. AND APPROVED this 2nd day of April, 2002. City of Owasso, Oklahoma OFFICIAL MaryBarnhouse, Mayor City Ronald D Cates, City Attorney MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STAN EWING, DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT SUBJECT: OWASSO PUD -02 -01 DATE: March 13, 2002 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: In September, 1994, the Planning Commission reviewed a request (OZ- 94 -05) by DLH Engineering, on behalf of Mr. & Mrs. Caudle, to rezone the subject property from AG (Agriculture) to CS (Commercial Shopping). As a companion to the referenced rezoning request, another request (OZ- 94 -06) was submitted to rezone the property to the west, now Caudle Estates, from AG (Agriculture) to RS -2 (Residential Single- Family, Medium Density). At that thee, staff recommended the request OZ -94 -05 be approved with CS on the east 300 feet (fronting along N. Garnett Road) of the North Half of the Northeast Quarter of the Northeast Quarter (N /2 NE /4 NE /4) of Section 19, Township 21N, Range 14E and the remaining west 276.43 feet zoned RS -2 "to be tied into the applicant's requested RS -2 zoning in rezoning case OZ- 94 -06 ". Subsequently, in December, 1997, Caudle Estates was platted on only the property included within rezoning request OZ- 94 -06. Consequently, the west 276.43 feet associated with OZ -94 -05 has been "orphaned" from Caudle Estates and does not provide adequate width to be developed as residential. For example, the minimum lot width within the RS -2 district is 75 feet. Based on the minimum lot area of 9000 square feet and minimum lot width of 75 feet, the lot depth must be 120 feet. At most, a developer could construct one street with lots along each side generally measuring 80 feet wide by 113 feet deep. The developer also would be limited by the maximum cul -de -sac length of 600 feet, as well as the minimum turn- around radius of 50 feet. Staff recommended the applicant consider a Planned Unit Development on the subject property to maximize development flexibility. 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 shows a typical 5 acre Commercial/Office tract at the southwest corner of E. 96' Street N. and N. Garnett Road. The remainder of the subject property is shown on the Master Plan as Medium - Intensity Residential which could include duplexes, townhouses or patio homes. According to the Owasso Zoning Code, the 3.78 acre CS (Commercial Shopping) portion of the subject property could accommodate as much as 82,493 square feet of commercial building area. The applicant has proposed distributing the square footage, as allowed for the 3.78 acres of CS zoning, over the northern 70 %, more or less, of the subject property as appropriate under the Planned Unit Development supplemental zoning. The applicant also proposes preserving the southern 30% of the site as natural open space to preserve the existing flood plain. Harmony with Existing and Expected Development The existing and expected residential development immediately surrounding the subject property will be well served by the neighborhood commercial which, upon approval, this development will offer. Legal, Planning and Site Engineering The applicant has identified the terrain of the subject property as relatively flat with one minor ridge line and one major drainage way which flows east to west across the southern part of the property 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 are available to the site. This property will be subject to the Ator Relief Line payback fee assessment of $325 per acre at the time of platting. 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 arterials. The Owasso Technical Advisory Committee reviewed the PUD Outline Development Plan and Text at the January 30, 2002 regular meeting. A copy of the memorandum detailing comments generated is attached for your information and review. Notification letters were mailed to surrounding property owners on February 19, 2002 and legal notification was published in the February 21, 2002 edition of the Owasso Reporter. Unified Treatment of the PUD Subiect Area The applicant has effectively utilized the site and its existing features and though fully 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. The Staff recommendation to the Planning Commission was for approval of OPUD -02- 01 subject to the following conditions: 1. 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. 2. Sidewalks along the perimeter of the development 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 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. Unless specifically set out in the standards and conditions of this PUD, commercial development shall meet all requirements of the CS (Commercial Shopping) district. 7. Within the PUD, the maximum building floor area shall not exceed 82,493 square feet. 8. All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval shall be met as conditions of the PUD. 9. 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. 10. 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. 11. Detailed landscape plans for individual sites shall be submitted at the time of site plan review. 12. Area markers, including associated landscaping and lighting, shall be submitted to and approved by the Owasso Planning Commission as required by the Sign Ordinance. 13. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process. SUPPLEMENTAL PLANNING COMMISSION RECOMMENDATION: 1. Minimum 50' west building setback including a 20" heavy landscape buffer. 2. Deliveries and trash pickup limited to "normal business hours." 3. Provide detailed drainage with the plat. 4. Limit lighting along the west boundary and prevent spillage onto residential property. 5. Trees along the west to be a minimum 8' to 10' in height and fast growing. 6. Maximum of one story building along the west property line. RECOMMENDATION: Staff recommends the City Council approval OPUD- 02 -01, as recommended by the Planning Commission including the 13 Staff condition and the 6 Planning Commission condition. The Planning Commission action was 5 -0 to approve. ATTACHMENTS 1. Location Map 2. PUD Application and Checklist 3. Notice to Property Owners 4. Legal Notification 5. Outline Development Plan & Text (Separate Inclosure) GENERAL INFORMATION: CITY OF OTVASSO P.O. BOX 130 OWASSO, OKLAHOMA 74055 (913) 272 -2251 FAX (913) 272 -4997 PLANNED UNIT DEVELOPEMNT APPLICATION GENERAL LOCATION Southwest corner of E. 96th and N Garnett PRESENT ZONING RS -2 PRESENT USE Agriculture NO. OF UNITS None ACRES 7.94 LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner Joe Caudle Name of person to be billed for publication Phone 11212 E. 95th St. N Owasso K Joe Caudle 272_9249 As applicant, what is your interest in this property? Mailing Address Present Owner Agent for Owner -11212 E. 95th St. North Purchaser Other Attomey for Owner OwassQ, OK 74055 ---f I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN SUBMITTED IS COMPLETE, TRUE AND ACCURATE SIGN RE P' an Pge DATE. 1/ 16/02 Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and /or the applicant's consultant should attend the Planning Commission meetings at which the Rezoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5 -19.99 acres 150 20 + acres 200 TAC MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER Submittal Requirements Topographic Map Outline Development Plan Outline Development Text 300' Radius Report OPC MEETING DATE ZONING DISTRICT APPROVED DENIED City of Owasso Department of Community Development 111 North Main Street P.O. Box 180 Owasso, OK 74055 NOTICE TO PROPERTY OWNER OPUD -02 -01 (918) 376 -1540 FAX (918) 376 -1597 Inspections- 376 -1542 www.cityofowasso.com 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 12" day of March 2002. At that tone and place, the Owasso Planning Commission will consider a request from Mr. Joe Caudle, applicant, for a proposed change of zoning classification from CS (Commercial Shopping) and RS -2 (Residential Single - Family, Medium Density) zoning to PUD (Planned Unit Development) supplemental zoning with existing underlying zoning. The subject property is described as follows: LEGAL THE EAST 576.73 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (N /2 NE /4 NE /4) OF SECTION NINETEEN (19), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS THE NORTH FIFTY (50) FEET AND LESS THE EAST 30 FEET THEREOF, CONTAINING 7.94 ACRES, MORE OR LESS. LOCATION SOUTHWEST CORNER OF E. 96TH STREET N. AND N. GARNETT ROAD All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso City Planner, PO Box 180, Owasso, OK 74055. Planning Staff will present these commnents to the Planning Commission members at the scheduled public hearing. A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main, Owasso, Oklahoma 74055, or phone (918) 376 -1543. This is your only personal notification of this request. Dated at Owass,7 Oklahoma, this 19'h day of February 2002. Donna Sorrells City Planner Please publish the following legal advertisement in the February 21, 2002 edition of the Owasso Reporter. Please send Proof of Publication to: City of Owasso ATTN: Donna Sorrells P.O. Box 180 Owasso, OK 74055 (918) 376 -1543 Please bill publication costs to: Joe Caudle 11212 E. 95 "' Street N. Owasso, OK 74055 (918) 272 -9249 RE: 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: OPUD -02 -01 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 12'h day of March 2002. At that time and place, consideration will be given to the proposed change of the zoning classification to Planned Unit Development (PUD) supplemental zoning district with existing CS (Commercial Shopping) and RS -2 (Residential Single- Family, Medium Density) underlying zoning of the following described property: LEGAL DESCRIPTION THE EAST 576.73 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (N /2 NEA NE /4) OF SECTION NINETEEN (19), TOWNSHIP TWENTY - ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, LESS THE NORTH FIFTY (50) FEET AND LESS THE EAST 30 FEET THEREOF, CONTAINING 7.94 ACRES, MORE OR LESS. LOCATION SOUTHWEST CORNER OF E. 96 T11 STREET N. AND N. GARNETT ROAD HEARING All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed Rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, ill N. Main, Owasso, Oklahoma 74055, or phone (918) 376 -1543. Dated at Owasso, Oklahoma, this 19'h day of February 2002. Donna Sorrells City Planner MEMORANDUM TO: HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY ASSISTANT CITY MANAGER SUBJECT: OPUD -02 -01 CAUDLE COMMERCIAL CORNER ORDINANCE NO. 706 DATE: March 29, 2002 BACKGROUND: At the March 19, 2002 regular meeting, the City Council unanimously approved a rezoning request in order to establish a PUD designation at the southwest corner of E. 96t' Street North and Garnett Road. The subject property contains 7.94 acres, more or less. Ordinance No. 706 would formally adopt the action taken by the Council at the March 19, 2002 meeting. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 706. ATTACHMENTS: 1. Subject Map 2. Ordinance No. 706