HomeMy WebLinkAbout883_New Zoning Code... removing
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July 28, 2009
Tulsa County Clerk's Office
500 S Denver
Tulsa, Oklahoma 74103
Greetings:
We recently discovered Page 2 of Ordinance No. 883 was not included when we sent
the Ordinance to you for filing.
If you can, please attach the enclosed Page 2 of Ordinance No. 883 to the original
Document 20070160 16, or re -file as a new filing.
Should you have any questions regarding the enclosures, please do not hesitate to
contact me at (918) 376 -1502.
Sincerely,
Assistant to City Clerk
111 N. Main (918) 376 -1577
P.O. Box 180 City of Owasso FAX (9 18) 376 -1599
Owasso, Oklahoma 74055 A City of Character www.cityofowasso.com
Tulsa County Clerk - EARLENE WILSON
"Doc # 2009079267 Page(s): 4
Recorded 07/30/2009 at 12:67 PM
o Receipt # 160926 Fee $19.00
Tulsa County Clerk- EAR LEN E WILSON
Doc# 2007016016 Pages 2
Receipt # 908722 02/13/07 15:10:05
Fee 15.'00
ME00090872t002A
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 883
AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO
ZONING CODE, AS A PART OF PART 12, CHAPTER 2, ZONING
REGULATIONS: TO -WIT: CHAPTER 1, TITLE, PURPOSES,
INTERPRETATION, AND JURISDICTION; AND CHAPTER 2,
GENERAL PROVISIONS; AND CHAPTER 3, AGRICULTURE
DISTRICT PROVISIONS; AND CHAPTER 4, RESIDENTIAL
DISTRICT PROVISIONS; AND CHAPTER 5, OFFICE DISTRICT
PROVISIONS; AND CHAPTER 6, COMMERCIAL DISTRICT
PROVISIONS; AND CHAPTER 7, INDUSTRIAL DISTRICT
PROVISIONS; AND CHAPTER 8, PLANNED UNIT
DEVELOPMENTS AND OVERLAY DISTRICTS; AND CHAPTER 9,
OFF - STREET PARKING REQUIREMENTS; AND CHAPTER 10,
NONCONFORMITIES; AND CHAPTER 11, ENFORCEMENT; AND
CHAPTER 12, BOARD OF ADJUSTMENT; AND CHAPTER 13,
AMENDMENTS; AND CHAPTER 14, DEFINITIONS; AND CHAPTER
15 TELECOMMUNICATION TOWERS; AND CHAPTER 16,
FENCING REQUIREMENTS, AND CHAPTER 17, FLOOD HAZARD
REGULATIONS; AND CHAPTER 18, SIGNS; AND CHAPTER 19,
OUTDOOR LIGHTING; AND CHAPTER 20, LANDSCAPING
REQUIREMENTS; AND CHAPTER 21, ACCESS GATES FOR
GATED COMMUNITIES; AND APPENDIX A, OWASSO PLANNING
COMMISSION BYLAWS; AND APPENDIX B, OWASSO BOARD OF
ADJUSTMENT BYLAWS; AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH.
WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 et seq. empower the City to
engage in Comprehensive Planning and Zoning and to enact suitable ordinances carrying
out the purposes of said acts; and
WHEREAS, The Owasso City Council deems it necessary for the carrying out of the
purpose of said acts and of promoting the health, safety and general welfare of the
community to enact an ordinance regulating the zoning of land within Owasso; and
WHEREAS, The Owasso City Council has appointed a Planning Commission which
shall review all proposed zoning amendments; and
WHEREAS, The Owasso Planning Commission gave the public notice of a public
hearing relating to the adoption of this Zoning Code and conducted said public hearing on
December 11, 2006; and
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this
ordinance have been met;
SECTION ONE (1): That there is hereby adopted by the City Council of the City of
Owasso, Oklahoma, for the purposes of promoting the health, safety, and general welfare;
and to encourage the development of the community in accordance with the adopted
Land Use Master Plan; a Zoning Code known as the Zoning Code of the City of Owasso,
Oklahoma, containing: Chapter 1, Title, Purposes, Interpretation, and Jurisdiction; and
Chapter 2, General Provisions; and Chapter 3, Agriculture District Provisions; and
Chapter 4, Residential District Provisions; and Chapter 5, Office District Provisions; and
Chapter 6, Commercial District Provisions; and Chapter 7, Industrial District Provisions;
and Chapter 8, Planned Unit Developments and Overlay Districts; and Chapter 9, Off -
Street Parking Requirements; and Chapter 10, Nonconformities; and Chapter 11,
Enforcement; and Chapter 12, Board of Adjustment; and Chapter 13, Amendments; and
Chapter 14, Definitions; and Chapter 15, Telecommunication Towers; and Chapter 16,
Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and Chapter 18,
Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements;
and Chapter 21, Access Gates for Gated Communities; and Appendix A, Owasso
Planning Commission Bylaws; and Appendix B, Owasso Board of Adjustment Bylaws;
and the whole thereof, and the same are hereby adopted and incorporated as full as if set
out at length herein and from and after the effective date of this Ordinance and all
provisions thereof, shall be controlling, as set out therein within the corporate limits of
the City. That said Zoning Code is hereby adopted as Chapters 1 -21 and Appendices "A"
and `B" of Part 12, Chapter 2, Zoning Regulations, of the Code of the City of Owasso,
Oklahoma.
SECTION TWO (2): Rules and Regulations, Chapters 15, 16, 17, 18, 19, 20, and 21
Upon adoption of this ordinance, the City Manager shall present Rules and Regulations
relating to the implementation of the intent of certain chapters of the ordinance to the
City Council for adoption by resolution. Said certain chapters are, specifically, Chapter
15, Telecommunication Towers; and Chapter 16, Fencing Requirements; and Chapter 17,
Flood Hazard Regulations; and Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and
Chapter 20, Landscaping Requirements; and Chapter 21, Access Gates for Gated
Communities. Provided, however, that the City Manager shall from time to time
promulgate such additional Rules and Regulations for said chapters, or changes to
existing Rules and Regulations for said chapters as considered necessary. The
promulgation of such Rules and Regulations, in whole or in part, shall require the City
Manager to notify the City Council and Planning Commission in writing of the proposed
Rules and Regulations and shall require the exact language of the proposal be attached to
such notice. Such notice to the City Council shall be published in the consent agenda of a
City Council meeting for acknowledgement of Council receipt of the change(s). Upon
notification to the City Council and for a period of 30 days, the proposed Rules and
Regulations shall lay open and be subject to City Council action to disapprove either in
part or in whole. Absent action by the City Council to disapprove proposed Rules and
Regulations within the allotted time frame, such Rules and Regulations shall have the
force and effect of law.
Regulations within the allotted time frame, such Rules and Regulations shall have the
force and effect of law.
SECTION THREE (3) Repealer
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the
extent of the conflict only.
SECTION FOUR (4): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion
shall not be affected but remain in full force and effect.
SECTION FIVE (5): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date of
final passage as provided by state law.
SECTION SIX (6): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance
to be codified in Part 12, Chapter 2, Zoning Regulations.
PASSED by the City Council of the City of Owasso, Oklahoma on the 6th day of
February, 2007.
ATTEST:
Sherry Bish(60, City Clerk
(S E A L) p� F
OFFICIAL
.
APPROV
Stephen ataudella, Mayor
this
Lombardi
City Attorney
LEGEND
Owasso Public Works SUBJECT PROPERTIES N
Department
Engineering Div.
P.O. 180 W E
Owasso, 918.2oK74oss - COMMERCIAL - UNDECIDED
918.272.4959
www.city0fowasso.com
RESIDENTIAL
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 883
PUBLICATION DATE(S)
02/15/07
CASE NUMBER: ORD -883
INVOICE NO: 00024483
LEGAL NOTICE
STATE OF OKLAHOMA
COUNTY OF Tulsa SS
I, of lawful age, being duly sworn, am a legal representative
of Owasso Reporter of Owasso, Oklahoma, a daily newspaper
of general circulation in Tulsa, Oklahoma, a newspaper quali-
fied to publish legal notices, advertisements and publications
as provided in Section 106 of Title 25, Oklahoma Statutes
1971 and 1982 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 ABOVE LISTED DATE(S)
Representative Signature
Subscribed to and sworn to me this 16th day of February, 2007
Notary Public
N) CY CAROL MOORE
My commission number: 06011684
My commission expires: December 8, 2010
Customer #: 00000779
Customer: CITY OF OWASSO
Publisher's Fee: 153.60 ,a
NANCY CAROL MOORE
Notary Public - State of Oklahoma
Tulsa County
My Commission Expires December 8, 2010
Commission # 06011684
24483
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, February 15, 2007,
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 883
AN ORDINANCE ADOPTING BY REFERENCE, THE OWASSO ZONING CODE, AS A PART OF PART 12,
CHAPTER 2, ZONING REGULATIONS: TO -WIT: CHAPTER 1, TITLE, PURPOSES, INTERPRETATION, AND
JURISDCTION; AND CHAPTER 2, GENERAL PROVISIONS; AND CHAPTER 3, AGRICULTURE DISTRICT
PROVISIONS; AND CHAPTER 4, RESIDENTIAL DISTRICT PROVISIONS; AND CHAPTER 5, OFFICE DIS-
TRICT PROVISIONS; AND CHAPTER 6, COMMERCIAL DISTRICT PROVISIONS; AND CHAPTER 7, INDUS-
TRIAL DISTRICT PROVISIONS; AND CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DIS-
TRICTS; AND CHAPTER 9, OFF - STREET PARKING REQUIREMENTS; AND CHAPTER 10, NONCONFORMI-
TIES; AND CHAPTER 11, ENFORCEMENT; AND CHAPTER 12, BOARD OF ADJUSTMENT; AND CHAPTER
13, AMENDMENTS; AND CHAPTER 14, DEFINITIONS; AND CHAPTER 15 TELECOMMUNICATION TOW-
ERS; AND CHAPTER 16, FENCING REQUIREMENTS, AND CHAPTER 17, FLOOD HAZARD REGULATIONS;
AND CHAPTER 18, SIGNS; AND CHAPTER 19, OUTDOOR LIGHTING; AND CHAPTER 20, LANDSCAPING
REQUIREMENTS; AND CHAPTER 21, ACCESS GATES FOR GATED COMMUNITIES; AND APPENDIX A,
OWASSO PLANNING COMMISSION BYLAWS; AND APPENDIX B, OWASSO BOARD OF ADJUSTMENT
BYLAWS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, Title 11, Oklahoma Statutes, Section 43 -101 et seq. empower the City to engage in Comprehensive
Planning and Zoning and to enact suitable ordinances carrying out the purposes of said acts; and
WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of
promoting the health, safety and general welfare of the community to enact an ordinance regulating the zoning of
land within Owasso; and
WHEREAS, The Owasso City Council has appointed a Planning Commission which shall review all proposed
zoning amendments; and
WHEREAS, The Owasso Planning Commission gave the public notice of a public hearing relating to the adop-
tion of this Zoning Code and conducted said public hearing on December 11, 2006; and
WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this ordinance have been met;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA:
SECTION ONE (1): That there is hereby adopted by the City Council of the City of Owasso, Oklahoma, for the
purposes of promoting the health, safety, and general welfare; and to encourage the development of the commu-
nity in accordance with the adopted Land Use Master Plan; a Zoning Code known as the Zoning Code of the City
of Owasso, Oklahoma, containing: Chapter 1, Title, Purposes, Interpretation, and Jurisdiction; and Chapter 2,
General Provisions; and Chapter 3, Agriculture District Provisions; and Chapter 4, Residential District Provisions;
and Chapter 5, Office District Provisions; and Chapter 6, Commercial District Provisions; and Chapter 7, Industrial
District Provisions; and Chapter 8, Planned Unit Developments and Overlay Districts; and Chapter 9, Off- Street
Parking Requirements; and Chapter 10, Nonconformities; and Chapter 11, Enforcement; and Chapter 12, Board
of Adjustment; and Chapter 13, Amendments; and Chapter 14, Definitions; and Chapter 15, Telecommunication
Towers; and Chapter 16, Fencing Requirements; and Chapter 17, Flood Hazard Regulations; and Chapter 18,
Signs; and Chapter 19, Outdoor Lighting; and Chapter 20, Landscaping Requirements; and Chapter 21, Access
Gates for Gated Communities; and Appendix A, Owasso Planning Commission Bylaws; and Appendix B, Owasso
Board of Adjustment Bylaws; and the whole thereof, and the same are hereby adopted and incorporated as full
as if set out at length herein and from and after the effective date of this Ordinance and all provisions thereof,
shall be controlling, as set out therein within the corporate limits of the City. That said Zoning Code is hereby
adopted as Chapters 1 -21 and Appendices "A" and "B" of Part 12, Chapter 2, Zoning Regulations, of the Code of
the City of Owasso, Oklahoma.
SECTION TWO (2): Rules and Regulations, Chapters 15, 16,17, 18,19, 20, and 21
Upon adoption of this ordinance, the City Manager shall present Rules and Regulations relating to the implemen-
tation of the intent of certain chapters of the ordinance to the City Council for adoption by resolution. Said cer-
tain chapters are, specifically, Chapter 15, Telecommunication Towers; and Chapter 16, Fencing Requirements;
and Chapter 17, Flood Hazard Regulations; and Chapter 18, Signs; and Chapter 19, Outdoor Lighting; and
Chapter 20, Landscaping Requirements; and Chapter 21, Access Gates for Gated Communities. Provided, how-
ever, that the City Manager shall from time to time promulgate such additional Rules and Regulations for said
chapters, or changes to existing Rules and Regulations for said chapters as considered necessary. The promul-
gation of such Rules and Regulations, in whole or in part, shall require the City Manager to notify the City Council
and Planning Commission in writing of the proposed Rules and Regulations and shall require the exact language
of the proposal be attached to such notice. Such notice to the City Council shall be published in the consent agen-
da of a City Council meeting for acknowledgement of Council receipt of the change(s). Upon notification to the
City Council and for a period of 30 days, the proposed Rules and Regulations shall lay open and be subject to
City Council action to disapprove either in part or in whole. Absent action by the City Council to disapprove pro-
posed Rules and Regulations within the allotted time frame, such Rules and Regulations shall have the force and
effect of law.
SECTION THREE (3) Repealer
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only.
SECTION FOUR (4): Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but
remain in full force and effect.
SECTION FIVE (5): Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provid-
ed by state law.
SECTION SIX (6): Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12,
Chapter 2, Zoning Regulations.
PASSED by the City Council of the City of Owasso, Oklahoma on the 61h day of February, 2007.
ATTEST: /s/Stephen Cataudella Mayor
/s/ Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form:
/s/ Julie Lombardi City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: UPDATE OF THE OWASSO LAND USE MASTER PLAN
DATE: February 13, 2008
BACKGROUND:
The Owasso Master Plan is a document representing desired future land use and transportation
patterns for the physical development of the community. The G vasso 2015 Land Use Master Plan
was adopted by the City Council on September 21, 2004. From September through December
2007, the steering committee for the update of the Owasso Land Use Master Plan conducted its
rev;ew of the community's comprehensive plan. That update is now prepared and ready for such
consideration.
The Master Plan can be generally divided into three parts: 1) statistics, figures and estimates, 2)
map of desired ].and use patterns, and 33) key issues, needs, and goal statements. It serves as an
adopted statement of growth policy for the city, and provides the basis for land use decisions such
as zoning. It is the City's policy to evaluate and update the master plan from time to time in. order
to ensure its relevance to the changing realities facing, Owasso.
The steering committee was formed to ensure citizen input in the land use planning process. The
committee is comprised of 16 members; eight citizen members and eight municipal staff members.
List of Members of the Master Plan Steering Committee
Citizen Members
Staff Members
Charles Brown
Sherry Bishop
Page Cole
Bradd Clark
Randy Cowling
Rickey Hayes
Marilyn Hinkle
Warren Lehr
Dirk Thomas
Timothy Rooney
Lynn VanDeventer
Roger Stevens
David Vines
Eric Wiles
Jayson Voto
Dan Yancey
PROCESS USED IN UPDATING THE FEASTER PLAN:
The staff began. the process of updating the Master Plan by analyzing demographic data collected
since the 2004 plan. update. This data was synthesized with development patterns that have
occurred in and around Owasso during the same period. and an inventory was taken of Owasso's
recent growth and current land use distribution. Once the staff prepared this inventory of current
conditions and updated the community's population projections, a proposed plan of future land
uses was drafted. It is this plan that the steering committee has reviewed.
Once the committee completed its review, the Master Plan was considered by the Planning
Commission at the January 7, 2008 regular meeting. The Planning Commission conducted a
public hearing on the update and received comments from two citizens regarding the proposal.
Both comments were made by residents of the neighborhood south of East 106 h Street North,
between North 129th Fast Avenue and the Owasso Expressway, and both comments requested the
land use designation for that area be changed from residential. to commercial. At the conclusion
of the public hearing, the Planning Commission unanimously recommended City Council
approval of the proposed amendments to the Owasso Land Use Master Plan.
PROPOSED CHANGES TO MASTER PLAN:
The most noticeable change being proposed to the plan is the removal of the "Rural" designation
for planned future land uses. Currently, there are six land u:--e classifications shown on the plan:
rural, residential, transitional, commercial, industrial, and community. The staff has found that as
property within Owasso's fenceline develops, existing rural land changes to another land use type,
typically residential. Already, the City has seen an instance where the master plan's rural
designation had to be changed to accommodate a residential development.
Also, the "Community" land use is being changed to "Parks". The color green will still be used for
parks and golf courses, but other community facilities such as schools and city facilities will now be
included with the classification. The staff based this decision on the observation that
if a school or city facility ceases to be used for that purpose, the desired land use will likely be
office or maybe even commercial. This change will make that transition. easier.
Most of the other proposed changes include revising the desired future land use on small tracts
usually located at the comers of arterial intersections. These changes seek to implement the City's
policy of encouraging "nodal" development, with more intense commercial land uses at arterial
comers, less intense residential land uses in. the interiors of sections, and a buffer of transitional
uses such as offices and multi-family between the commercial and residential developments.
The proposed changes also seek to acconirnodate proposed developments that have been made
known since the plan was last updated. These proposed developments include the Larkin Bailey
PUD, the Owasso Waterfront Project, and the Stone Canyon development.
RECENT NEIGHBORHOOD MEETING AND RESPONSE:
At their January 15, 2008 regular meeting, the City Council conducted a public hearing to obtain
citizen input on the proposed amendments to the Owasso Master Plan. At that public hearing,
several citizens addressed ffie Council, expressnig their desire or their properties to be planned tbr
future commercial use, rather than future residential use currently designated by the plan. The area
is located south of East 106th Street, between North 1296' East Avenue and the Owasso Expressway
and has developed for residential purposes.
In order to gather more information regarding the opinions of all residents within. the area, the City
Council directed staff to conduct a neighborhood meeting. At that meeting, all property owners
could express whether they wanted their properties designated for future commercial or residential
use.
The neighborhood meeting was held on January 31, 2008. The meeting was well attended and
many residents did indicate their preferred future land use. Further., the staff conducted. a survey by
U.S. Postal Service of the area property owners; the response rate for the survey was also
substantial.
To date, the staff has received responses from 46 of the 54 property owners in the subject area.
Folly- (44) of the responses indicate the owners desire a future commercial land use
designation; one (1) response indicates the owners desire a future residential land use designation,
and one (1) response indicates the owners remain undecided about the future land use desigiiation
for their property. An aerial photograph map is attached with this memorandum, illustrating the
spatial aqangement of responses that have been received.
STAFF COMMENT:
Although it is the staffs belief this area is an appropriate location for commercial uses (corporate
offices, restaurants, and retail establishments), the staff desires to avoid a situation where such
commercial uses would be interspersed with residential. uses in the same area. In the past, staff has
recommended (and the Council has agreed) the future land use designation not change from
residential to commercial until all property owners within the subject area come to the City of
Owasso and request such change.
Prior to the neighborhood meeting, the staff believed a roughly even division of opinion existed
among property owners regarding whether the property should be used commercially or
residentially. Following the neighborhood meeting and survey, the staff findings are quite different;
95% of the responses received thus far indicate a desire for the property to be used commercially.
The staff believes that such a large majority on the part of the property owners is a rather clear
indication that the neighborhood, in large part, shares the opinion that future commercial use is
appropriate. Additionally, in order to make it less likely that individual zoning requests will result
in a patchwork pattern of commercial and residential -uses, the staff also intends to recommend that
rezoning requests only be considered when at least ten acres are included in the application to
change the properties' zoning from residential to commercial. Should this recommendation be
approved, the staffArotild include such a provision in the goals and objectives of the Master Plan.
RECOMMENDATIONS:
i. 'The staff recommends that the master plan update designate the entire area south of East
106'b Street North, between North 129th East Avenue and the Owasso Expressway, for
future commercial land use.
2. The Master Plan Steering Committee and the staff recommend approval of the update to the
Owasso Land Use Waster Plan.
ATTACHMENTS:
1. Aerial photograph depicting spatial arrangement of responses about desired future land uses
for subject neighborhood
2. Proposed Master Plan land use map