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HomeMy WebLinkAbout722_Amending OPUD 11_Allow Health Related BusinessesDoc# Tulsa County Clerk - EARLENE WILSON 02165627614 P 12/30/02 16914/44 26-2526 Rceipt # Fee 13.00 000627614006 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 722 AN ORDINAINCE APPROVING AN AMENDMENT TO PLANNED UNIT DEVELOPMENT APPLICATION OPUD-11, ALLOWING FOR HEALTH RELATED USES OF LAND AND FACILITIES, 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 recommendation 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 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 C) pertaining to health related uses and facilities. SECTION 2: That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 5"' day of November, 2002. City of Owasso, Oklahoma OFFICIAL Randall C. Brogdon, Mayor Rill R. Retherford, of lawful 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: November 12th '2002 Subscribed and sworn to before me this 13th Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, Novem- ber 14, 2002. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 722 AN ORDINANCE APPROVING AN AMEND- MENT TO PLANNED UNIT DEVELOPMENT APPLICATION OPUD -11, ALLOWING FOR HEALTH RELATED USES OF LAND AND FACILITIES, ON A. TRACT OF LAND LOCATED IN THE SE 1/4 OF SECTION 20, TOWN- SHIP 21 NORTH, RANGE 14 EAST, TULSA COUN- TY, OKLAHOMA, AND REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for approval of an amendment to Planned Unit Development OPUD -11 con- cerning the property herein described, and WHEREAS, the Owasso City Council has considered the rec- ommendation of the Owasso Planning Commission and all statements for or against the requested approval of 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 provision of the Outline Development Plan, thus removing the lan- guage pertaining to the health related uses and facilities. SECTION 2. That all ordi- nances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 51h day of November, 2002. City of Owasso, Oklahoma /s/ Randall C. Brogdon Randall C. Brogdon, Mayor ATTEST: /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /s/ Steohen P Gray Stephen P. Gray, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: ORDINANCE NO. 722 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 health - related facilities and uses of land within Ram Plaza. Attached is a copy of Ordinance No. 722 that formally adopts the City Council's action of October 15, 2002. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 722. ATTACHMENTS: 1. Ordinance No. 722 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: OPUD -11 MINOR AMENDMENT DATE: October 8, 2002 BACKGROUND: The City of Owasso Community Development staff is initiating this request for the review of a minor amendment to OPUD -11 (Ram Plaza). The subject property is located northwest of the 86th Street N. and 129th East Ave. intersection. Staff is proposing to amend the OPUD -11 protective covenants to allow for health related facilities and uses of land. Staff's purpose in initiating this amendment is in an effort to alleviate the non - conforming status of the health related businesses within Ram Plaza. ANALYSIS: Staff should point out, much like the applications of Mr. Roark and Mr. Preston, this request would amend only the language included in the PUD requirements and not the language as approved per the subdivision plat. Any amendment to the subdivision plat that would allow health related facilities to remain would require the approval of the property owner's association. Included with your packet is a copy of the OPUD -11 covenants as approved by the Planning Commission on December 17, 1992 and amended on January 19, 1993. Although the current non- conforming uses would be allowed to remain under the provisions of Section 1220, (Non- conforming Use of Buildings or Buildings and Land in Combination), Owasso Zoning Code, staff believes this amendment is appropriate. A copy of Section 1220 is attached for your review. PLANNING COMMISSION: The City of Owasso Planning Commission did not make a successful recommendation concerning the application at the October 7, 2002 regularly scheduled meeting. If the request is approved by City Council, an ordinance will be presented at the October 15, 2002 City Council meeting formally adopting the approval. OPUD -11 Minor Amendment October 8, 2002 Page 2 RECOMMENDATION: Staff recommends approval of the request to amend the protective covenants of OPUD -11 to allow for health related facilities. ATTACHMENTS: 1. OPUD -11 Ram Plaza Protective Covenants, Article III 2. Amended OPUD -11 Ram Plaza Protective Covenants, Article III 3. Section 1220, Owasso Zoning Code 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, 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 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. 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, 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 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. conforming use, nor enlarged or increased, nor extended to occupy a greater area of land than was occupied at the ef- fective date of this code or amendment thereof. b. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this code or amendment thereof. c. No additional structure (other than fences) shall be erected in connection with such nonconforming use of land. d. If any such nonconforming use of land ceases for any reason for a period of more than 90 days (except when government action impedes access to or use of the premises), any sub- sequent use of such land shall conform in all respects to the regulations of the district in which located. SECTION 1220 NONCONFORMING USE OF BUILDINGS OR BUILDINGS AND LAND IN COMBINATION When at the effective date of this code or amendment thereto, there exists a lawful use of a building, or use of a principal building and land, or use of land and accessory structures, such structures covering more than 10 percent of the lot area, and such use would not be permitted by the terms of this code or amendment thereto, such use shall be deemed noncon- forming and may continue subject to the following provisions: a. No building devoted to a nonconforming use shall be enlarged or extended, except in changing the use of the building to a use permitted in the district in which it is located. b. A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use but such use shall not be extended to occupy any land outside the building. c. A nonconforming use of a building, or building and land in com- bination, if superceded by a permitted use shall not thereafter be resumed. d. A nonconforming use of a building or building and land in com- bination, if discontinued for 12 consecutive months or for 12 months during any 18 month period (except when governmental action impedes access to or the use of the premises), shall not thereafter be resumed. e. Where nonconforming use status applies to a building and land in combination, termination of the use of the building within the meaning of (d) above shall eliminate the nonconforming status of the use of the land. f. A nonconforming use of a building or of a building and land in combination when located within a residential district shall not 95 be changed unless changed to a use permitted in the district in which located. A nonconforming use of a building or of a build- ing and land in combination, when located within a district other than a Residential District, may, as a Special Exception, be changed upon approval of the Board of Adjustment after finding that the proposed use will not result in any increase of incom- patibility with the present and future use of proximate properties. The change of a use to another use contained within the same use unit shall not constitute a "change of use" within the meaning of this section. g. Should the structure containing a nonconforming use be damaged or partially destroyed to the extent of more than 50 percent but less than 75 percent of its current replacement cost at the time of damage, the restoration of the structure shall be subject to the Board of Adjustment's findings, after adherence to the procedural requirements for a Special Exception, that the contemplated re- storation is necessary for the continuance of the nonconforming use, and will not result in any increase of incompatibility with the present and future use of proximate properties. Should the structure containing a nonconforming use be damaged or destroyed to the extent of more than 75 percent of its replacement cost at the time of damage, the nonconforming use shall not thereafter continue or be resumed. SECTION 1230 NONCONFORMING SIGNS A sign lawfully existing at the effective date of the adoption or amend- ment of this code but which would be prohibited under the terms of this code or amendment to the code shall be deemed nonconforming. a. All nonconforming signs within the city shall be removed within five (5) years from September 1, 1981 the effective date of Ordinance No. 309. b. All signs granted a variance under Section IX, of Ord. No. 309, the Owasso Sign Ordinance, or other sign ordinances shall not be subject to the provisions of Section VII A of this ordinance. SECTION 1240 NONCONFORMING LOTS a. Single Lots: In any district in which single - family dwellings are permitted, notwithstanding limitations imposed by other pro- visions of this ordinance, a single- family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. 96