HomeMy WebLinkAbout721_Amending OPUD 11_Allow Retail Pet StoreTulsa County Clerk - EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINAINCE NO. 721
AN ORDINANCE APPRVING AN AMENDMENT TO PLANNED UNIT
DEVELOPMENT APPLICATION OPUD-11, ALLOWING FOR USES OF
LAND THAT RAISE, BREED OR KEEP ANIMALS ON A TRACT OF LAND
LOCATED IN THE SE 1/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE
14 EAST, TULSA COUNTY, OKLAHOMA, AND REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, public hearings have been held regarding the request for approval of an
amendment to Planned Unit Development OPUD-11 concerning the property herein described,
and
WHEREAS, the Owasso City Council has considered the recommendatino of the Owasso
Planning Commission and all statements for or against the requested amendment to OPUD-11;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA,
Section 1. That The City Council of the City of Owasso, Oklahoma hereby authorizes an
amendment to the provisions of the OUtline Development Plan, thus removing the language
pertaining to the raising, breeding or keeping of animals.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby expressly repealed.
PASSED AND APPROVED this 5th day of November, 2002.
City of Owasso, Oklahoma
Randall C. Brogdon, Mayor
OFFICIAL
MarciA,Boutwell, City Clerk
Randall C. Brogdon, Mayor
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: ORDINANCE NO. 721
DATE: October 28, 2002
BACKGROUND:
At the October 15, 2002 meeting, the Owasso City Council approved an amendment to OPUD -11
(Ram Plaza) on property located on the northwest corner of the 86th Street N. and 129th East Ave.
intersection. The approval allows for the raising, breeding or keeping of animals within Ram Plaza.
Attached is a copy of Ordinance No. 721 that formally adopts the City Council's action of October
15, 2002.
RECOMMENDATION:
Staff recommends Council approval of Ordinance No. 721.
ATTACHMENT:
1. Ordinance No. 721
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ROBERT MOORE
CITY PLANNER
SUBJECT: OPUD -11 (RAM PLAZA) MINOR AMENDMENT
MICHAEL ROARK
DATE: October 8, 2002
BACKGROUND:
The City of Owasso has received a request from Michael Roark, applicant/owner, for the review of
a minor amendment to OPUD -11 (Ram Plaza). The subject property is located approximately 400
feet west of the E. 86th Place N. and 129th East Ave. intersection. The applicant is proposing to
amend the OPUD -11 protective covenants to allow for a retail pet store that raises, breeds or keeps
animals. A copy of the Ram Plaza site plan, OPUD -11 Protective Covenants and proposed
language is included with your packet.
ANALYSIS:
The applicant is proposing to locate a retail pet store in an existing building which, until recently
housed a hardware store. Staff has received no phone calls or any other correspondence regarding
the request.
Staff should point out that we are hearing a request to amend only the planned unit development
requirements that the City has been appointed to enforce, not the covenants as approved as a part of
the subdivision plat. Planned Unit Development requirements are approved initially by the
Planning Commission and the City Council as part of a PUD application. At the platting stage of
the development, the PUD requirements are included as a part of the subdivision's restrictive
covenants, thereby becoming enforceable by the property owner's association. Even if approved by
this council, property owners within Ram Plaza would still have an avenue to allow or not allow the
proposal through the association's covenant enforcement powers.
OPUD -11 Minor Amendment
October 8, 2002
Page 2
TECHNICAL ADVISORY COMMITTEE:
Requests for input from the Technical Advisory Committee were sent via the TAC Agenda packet
to SW Bell, Cox Cable, PSO, and ONG; as well as City utilities. The TAC meeting was conducted
on September 24, 2002 at 2:00 PM in the Main Conference Room at City Hall. Neither staff nor
utility companies provided any comments.
PLANNING COMMISSION:
The City of Owasso Planning Commission unanimously recommended approval for the application
at the October 7, 2002 regularly scheduled meeting. If the request is approved by the City Council,
an ordinance will be presented at the November 5, 2002 City Council meeting formally adopting
the approval.
RECOMMENDATION:
Staff recommends approval of the Minor Amendment to OPUD -11 Ram Plaza to allow a retail pet
store that raises, breeds or keeps animals.
ATTACHMENTS:
1. OPUD 11 Ram Plaza (Roark) Staff Report
2. Ram Plaza Final Plat
3. OPUD -11 Protective Covenants
4. Letter from Mr. Roark
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
Planned Unit Development Minor Amendment
(Ram Plaza - Roark)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Michael Roark, applicant, for the review
of a minor amendment to OPUD -11 (Ram Plaza). The subject property is located
approximately 400 feet west of the E. 86th Place N. and 129th East Ave intersection. The
applicant is proposing to amend the OPUD -11 protective covenants to allow for a retail pet
store that raises, breeds or keeps animals. A copy of the protective covenants are included
with your packet.
LOCATION
The subject property is described as
described as12701 E. 86th Place N.
EXISTING LAND USE
Retail - Vacant
a portion of Lot 1, Block 2, Ram Plaza, further
Owasso. OK.
SURROUNDING LAND USE
North: Public - Owasso Public Schools
South: Retail — Shopping Center
East: Retail - Vacant
West: Retail — Movie Theater
PRESENT ZONING
PUD /CS (Planned Unit Development /Commercial Shopping District)
SURROUNDING ZONING
North: RS -3 (Residential Single Family High Density District)
South: PUD /CS (Planned Unit Development /Commercial Shopping District)
East: PUD /CS (Planned Unit Development /Commercial Shopping District)
West: CS (Commercial Shopping District)
PUD REQUIREMENTS
Included with your packet is a copy of the OPUD -11 protective covenants as approved by
the Planning Commission on December 17, 1992. On January 19, 1993, City Council
approved and amended the covenants to allow, among other things, restaurants. Article III,
Section 3.01 of the Ram Plaza Protective Covenants spells out permitted uses within the
PUD. Language that is proposed to be stricken from Section 3.01 is included below.
Excerpt from Article 111, Section 3.01
(a) No theater.. health spa, skating rink, bowling alley, dairy store, establishment which
sells alcoholic beverages for on premises consumption, or any other health,
recreational or entertainment -type activity shall be operated, or permitted to operate
upon the property.
(b) Notwithstanding any other provision contained herein to the contrary, the following
uses shall not be permitted on any portion of the Property:
ice-
(ii) Any dangerous or unsafe uses.
(iii) Any industrial uses, including, without limitation, any manufacturing, smelting,
rendering, brewing, refining, chemical manufacturing or processing, or other
manufacturing uses.
(iv) Any mining or mineral exploration or development except by non - surface
means.
(v) Any use that may require water and sewer services in excess of the capacities
allocated to the property by any governmental authority.
(vi) Any noxious or offensive activity which owner deems objectionable and adverse
to the preservation of property values of the adjacent property.
(vii) Any use which violates any statute, rule, regulations, ordinance or other law of
any governmental entity, including but not limited to all flood plain, industrial
waste and other ordinances of the City or any other governmental body in which
the properly is located.
ZONING REQUIREMENTS
The subject property is zoned PUD /CS (Planned Unit Development /Commercial Shopping
District). According to the City of Owasso Zoning Code, a retail pet store falls within Use
Unit 14 (Shopping Goods and Services) and is permitted by right in the CS zoning district.
The proposal, if approved, would meet all other requirements as set forth in the City of
Owasso Zoning Ordinance.
ANALYSIS
The applicant is proposing to locate a retail pet store in an existing building which, until
recently housed a hardware store. Staff has received no phone calls or any other
correspondence concerning the request.
Staff should point out to this commission that we are hearing a request to amend only the
planned unit development protective covenants which the City has been appointed to
enforce, not the covenants as approved as a part of the subdivision plat. Protective
covenants are approved initially by the Planning Commission and City Council as part of a
planned unit development application. At the platting stage of the development, the PUD
covenants are included as a part of the subdivision's restrictive covenants, thereby
becoming enforceable by the property owner's association. Typically, the City's
responsibility ends at the PUD covenant stage and applications such as this when approved,
from the City's standpoint, are allowed even though they are not in compliance with the
subdivision's covenants. Unless amended, issues of enforcement would then be between
the property owner's association and Mr. Roark as part of the protective covenants
approved with the subdivision plat.
Staff is also concerned with what seems to be, whether intentional or not, selective
enforcement of the approved protective covenants of Ram Plaza. In staff's opinion and by
a strict interpretation of the text of the original planned unit development, several
businesses have either in the past or are currently in on- compliance with approved
restrictions. Although staff feels that past errors, poor judgement and /or lax enforcement
by the Community Development Department and the property owner's association do not
necessarily set precedent, the errors nonetheless should be brought to the attention of this
commission.
TECHNICAL ADVISORY COMMITTEE:
The Owasso Technical Advisory Committee reviewed the proposed amendment at their
'September 25, 2002 regular meeting. At that meeting, no comments were sited by staff or
utility providers.
If approved by the Planning Commission, this item does require City Council action.
Staff recommends approval of the request to amend the protective covenants of Ram Plaza
to allow for a retail pet store that raises, breeds or keeps animals.
ATTACHMENTS
1. General Area Map
2. OPUD -11 Ram Plaza Protective Covenants Article III as amended by City Council
3. Letter from Mr. Roark
4. Proposed Amended Protective Covenants Article III
RAM Plaza
ARTICLE III
Protective Covenants
Section 3.01. Designation of Permitted and Prohibited Uses.
(a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy
store, establishment which sells alcoholic beverages for on- premises consumption, or any
other health, recreational or entertainment -type activity shall be operated, or permitted to
operate upon the property.
(b) Notwithstanding any other provision contained herein to the contrary, the following uses
shall not be permitted on any portion of the Property:
(i) Any use which involves the raising, breeding or keeping of any animals or
poultry.
(ii) Any dangerous or unsafe uses.
(iii) Any industrial uses, including, without limitation, any manufacturing, smelting,
rendering, brewing, refining, chemical manufacturing or processing, or other
manufacturing uses.
(iv) Any mining or mineral exploration or development except by non - surface means.
(v) Any use that may require water and sewer services in excess of the capacities
allocated to the property by any governmental authority.
(vi) Any noxious or offensive activity which owner deems objectionable and adverse
to the preservation of property values of the adjacent property.
(vii) Any use which violates any statute, rile, regulations, ordinance or other law of
any governmental entity, including but not limited to all flood plain, industrial
waste and other ordinances of the City or any other governmental body in which
the property is located.
Section 3.02. Development Standards. Construction, improvements, alterations, additions or
uses of any portion of the Property shall be subject to the following standards, requirements
and criteria.
Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code
or other requirements of the City of Owasso with respect to setback lines that are applicable
and in force at the time of construction.
Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco
construction. There shall be no metal buildings allowed.
September 3, 2002
Robert Moore
City Planner
City of Owasso, Oklahoma
1 I 1 North Main
Owasso, OK 74055
r.e.: Requested Amendment to PROTECTIVE COVENENTS, Ram Plaza, PUD -11, City of Owasso
Mr. Moore:
With this letter I am requesting that the Protective Covenants for Ram Plaza, PUD -11, City of Owasso, be
amended. The requested modification would allow property I own at 12701 E. 86 Place North to be used
for a retail pet store. Language in the covenants, while likely not anticipating a retail pet store in its intent,
nevertheless, could technically prohibit the operation of a retail pet store.
The tenant, Pet Stop, Inc. is a present Owasso retail business operating in the Cornerstone shopping center
on 86' Street. They have successfully operated their pet store for a number of years and are recognized as
one of the leading pet stores in the state. Their selection of freshwater and saltwater aquarium fish is
reported to be the second largest in Oklahoma with customers coming to Owasso from, not only the Tulsa
metropolitan area, but also other parts of Oklahoma and Kansas. The majority of their present leased
space is dedicated to pet training aids, supplies, toys, books, pet security, and other "support" items. At the
new location they would continue to utilize the large majority of space for this type of retail merchandise.
The Pet Stop, htc. is not a noxious or offensive business. Indeed, it has successfully operated alongside of
other retail businesses and professional businesses in its current location for about six years. They have
simply outgrown their location. They are recognized by Owasso residents and business leaders as a real
contribution to the Owasso community and as a significant contributor to sales tax revenue for Owasso
from buyers outside of our city.
The Pet Stop, Inc. would not interrupt or aggravate any of the nearby businesses or neighborhoods with its
operation. I am aware of no opposition voiced with regard to then intended relocation to this property.
They have been, and will continue to be, a good neighbor and business citizen for Owasso.
The requested amendment to the Protective Covenants (exhibit attached) would be: Strike - Section 3.01.
Desitmation of Permitted and Prohibited Uses., paragraph (b), subsection (i) 'Any use which involves the
raising, breeding or keeping of any animals or poultry. "
While the Pet Stop does not technically "raise, breed, or keep" animals by strict legal definition of those
words, it would be much preferable to amend the covenant so as to remove any doubt and allow them to
continue their business in Owasso.
Thank you for your consideration of this request.
Sincerel ,
Michael D. Roark
Roark Family, L.L.C.
Attachment