Council approves major amendment to PUD 142 for Elm/100th area; emergency clause approved after heated public debate

The Jenks City Council voted March 4 to amend the city’s land‑use map and to approve a major amendment to Planned Unit Development 142 that will allow commercial shopping, multifamily condominiums and additional outdoor entertainment uses in the area north of 100th Street and east of Elm.

Council approved the comprehensive‑plan amendment (PA 205‑404) to change roughly five acres from parks and open space to local commercial, then approved Ordinance No. 1665 — a rezoning and PUD amendment (PUD 142, major amendment No. 1) to allow general retail, restaurants, condominiums and other outdoor amenities. The council also voted separately to adopt the ordinance’s emergency clause, making the ordinance effective immediately.

Why it matters: The PUD amendment keeps a large portion of the tract as open space and adds amenities the applicant said will attract visitors and generate revenue — a private lake with condominiums, mini‑golf and simulator uses, pickleball courts and a playground in the north parcel; commercial retail and restaurant space along Elm; and six baseball fields south of 106th Street. Developer representatives and their consultants told council the changes will increase property tax and sales tax revenue to help fund city infrastructure, notably the design and construction of the 100th/106th street connector and a wastewater lift station.

Project details presented by the applicant: Attorney Adam Dover Spike and the project team described three development areas: a northwest commercial/entertainment node with mini‑golf and simulators; a lakeside multifamily/condominium area with a swimming amenity and pickleball courts; and six baseball fields with supporting parking and a pro‑shop near the southern portion. The applicant said portions of the property are in federally regulated mitigation areas and will remain undisturbed per the U.S. Army Corps of Engineers requirements.

Financials and projections offered to the council: The applicant presented revenue projections tied to the condos and retail. In the applicant’s presentation the condos were projected to generate “just over a million dollars per year” in ad valorem revenue and retail sales tax was projected at about $1.2 million annually. The applicant also provided longer‑term figures — roughly $26 million in condominium value and more than $30 million in sales tax over a 25‑year period (figures presented by the applicant as estimates).

Public comment and legal debate: The amendment drew sizeable public interest. Opponents, including Roddy Roberts and several others, urged broader public involvement; Roberts requested a citywide referendum on the project and warned the council against using an emergency clause to preclude a vote. The Jenks Coalition for Smart Growth — represented by attorney John Dorman — asked the council to reject the emergency clause, arguing rezoning is not a constitutionally valid emergency and that invoking emergency language to defeat a referendum would likely be overturned by a court.

City and council responses: City staff, the city attorney and council members explained the legal standard for emergency clauses under state law and municipal practice. City Attorney Teresa (last name on file with the city) advised that state law allows a council to find an emergency but that courts have, in some circumstances, scrutinized emergency findings where the intent is to prevent a referendum. Council members and staff also argued the city needs to start certain infrastructure work quickly — including design of the 100th/106th connector and lift station — to unlock more development near the river and the outlet mall. Council members publicly referenced a rough $20 million estimate to complete the road improvements and said the lift station alone could cost roughly $2 million.

Votes and outcomes: The council voted unanimously to approve the land‑use amendment (PA 205‑404), unanimously to adopt Ordinance No. 1665 (PUD 142, major amendment No. 1), and unanimously to adopt the emergency clause for that ordinance. After votes, the council directed staff to continue design and permitting processes tied to the PUD while noting additional design and engineering steps and federal mitigation requirements remain.

What’s next: With council approval, the applicant can proceed to final engineering, site design and permit reviews. Staff said certain mitigation areas will remain protected and the city will coordinate required environmental and Corps of Engineers reviews. Because the council adopted an emergency clause, the ordinance is in effect; opponents have indicated they are preparing a referendum petition and legal counsel indicated the petition/ referendum path remains available under state law subject to statutory timelines.

Key quotes: “Those amenities should help [Jenks] become a destination city,” attorney Adam Dover Spike said of the retail, recreation and condominiums the applicant is proposing. “You will be violating the constitutional right of every registered voter in this city,” John Dorman, attorney for the Jenks Coalition for Smart Growth, told the council, urging rejection of the emergency clause.

Ending: Councilers asked staff to continue required engineering and environmental reviews while noting the legal and political debate over emergency clauses and referendums will remain part of the public record as the project moves into design and permitting.