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HomeMy WebLinkAbout2002.10.07_Planning Commission MinutesOASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, October 7, 2002 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Charles Willey Dale Prevett MEMBERS ABSENT Dewey Brown Bill Williams STAFF P 4,SENT Robert Moore Marsha Hensley Eric Wiles The agenda for the regular meeting; was posted at the north entrance to City Fall on October 1, 2002 at 12,00 PM. 1. CALL TO ORDER -- Chairperson Ray Haynes called the meeting, to order at 7.00 ISM and declared a quorum present: 2. ROLE, CALL, The following was submitted as an addendum to the Agenda filed in the office of the Owasso City Clerk at 3:00 PM, October 3, 2002. 3, CONSIDER APPROVAL OF THE MINUTES ES Of° SEPTEMBER 9, 2002 REGULAR MEETING -- The Commission reviewed the minutes of September 9, 2002 Regular Meeting, Charles Willey moved, seconded by bale Prevett to approve the minutes. A vote on the motion was recorded as follows Ray Idaynes _. Yes Charles Willey - Yes Dale Prevett -- Yes The motion carried 3 -0. 4. OZ -02 -07 - New Brunswick ® A request to rezone approximately 10 +/- acres from CG (Commercial General District) and CS (Commercial Shopping District) to RS -3 (Residential Single Family High Density). The subject property is located on the northwest corner of the intersection of 96`h Street N. and 97`h E. Ave. This agenda item will be presented in conjunction with item #4 below. The Chair introduced the case and the staff review was given by Robert Moore. The subject property location was described along with the surrounding zoning. The applicant is proposing to rezone the subject property from CS (Commercial Shopping District) and CG (Commercial General District) to PUD /RS - -3 in order to construct approximately SO single family residential homes. Staff is proposing concurrent review of OPUD- 02 - -03 and OZ- 02 -07. The Technical Advisory Conmittee reviewed the proposal at the September 25, 2002 regular meeting. No corriments were received. Staff has received ® ASS® PLANNING COMMISSION October 79 2002 Page No. 2 several phone calls in opposition of the request. Staff recommends approval of OPUD- 02- 03/OZ -02 -07 subject to the following conditions: 1. That the applicant's Development Text and Conceptual Developmerrit .Plan be considered to be the Outline Development Plan as required_ by the PUD Chapter of the Owasso Zoning Code. 2, That unless specifically set out in the standards and conditions of this PUD, all single -- family lots shall meet the requirements of a typical P.S -;l district. 3. Within OPIJD -02-03 9 the maximum number of dwelling units shall not exceed 50. 4. That prior to the issuance of building permits, the applicant is subject to the platting and site plan requirements of the City of Owasso and all subsequent conditions unposed by the Owasso Technical Advisory Committee. 5. That no building permits be issued within any portion of the PUD until the developer meets all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations. 6. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and mare the City of Owasso beneficiary. 7. That a detailed drainage report certified by a registered engineer be submitted at the time of platting. 8. Visual buffers are to be required at the end of each cut -de- -sac. 9. Acceleration/Deceleration lanes will be required on 97 "' E. Ave. 10. Sidewalks will be required along 97 "' E. Ave. and 96 " St. No. 11. That all entrance landscaping and /or monuments are reviewed and approved by the Planning Commission. 12. The Planning Commission reserves the right to prescribed additional buffering, screening and setbacks during the platting process. A group of area citizens was present to protest the zoning change. The following list was compiled from comments made by citizens, the applicant and Commission members: CITIZENS - Concerns with the number of housing units. Drainage problems already exist in the area. Intersection traffic was a concern. w- Wanda Ledbetter Concerns regarding traffic at the intersection and the already crowded school system. --- J. B. Stigall Questions regarding the price range of the homes and sewer concerns. - Carol Seim Comments on the increase of traffic this addition would bring, in combination with the ® ASS® PLANNING COMMISSION October 7, 2002 Page No. 3 high rate of speed people travel on 97`' East Avenue, there are enough homes in this area. Concerns with the already overcrowded schools. -- lathy Batista Questions regarding the possible widening of 9 7`h Fast Avenue. -Matt Batista Concerns with previous problems of the sanitary sewer in the area. __ Doris Conner The same issues were expressed when a development was planned around my neighborhood. t understand what it is life to not want progress. Expressed trust in Mr. Charney and Mr. Kourtis knowing they will do a. very good job of this development. - -.. /like Roark Mr. David Charney was present and requested a brief presentation. Mr. Charney explained that a commercial project at the subject location would produce more traffic, more drainage problems and sewer issues. Qualified engineers will review all of these concerns during the platting process. He also explained that there is an ordinance that states stormwater can not flow at a higher rate of speed than it does at the present time. He discussed traffic in the area, stating that there are some intersections in town that are burdened but we are all trying to make sure growth is done correctly. He also discussed the need for the public to let the School Board Members know their concerns with the overcrowding of schools. Ray Haynes reminded the citizens that the sewer system concerns will be addressed at the platting stage, this request is for the property to be rezoned. Following brief discussion, Ray Haynes moved to approve the rezoning request subject to the above twelve (12) staff recommendations. Charles Willey seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey -m Yes Dale Prevett ._ Yes The motion carried 3 -0. 5. ®MID -02-03 - New Brunswick - A request for the review of a Planned Unit Development of approximately 10 + / -. The subject property is located on the northwest corner of the intersection of 96`h Street N. and 97"' E. Ave. This agenda item will be presented in conjunction with item #3 above. This item was reviewed in conjunction with ®Z- 02 - -07. OWASSO PLANNING COMMISSION October 7, 2002 Page Noe 4 Ray Haynes moved to approve the Manned Unit Development with the above zoning change, (Dale Prevett seconded the motion. A vote on the motion was recorded as follows; Ray Haynes -- Yes Charles Willey - Yes Dale Prevett - Yes The motion carried 3 -0. 6. Planned Unit Develop n�nt Minor Ainendintnt Ikarn Plaza request for a review of a minor amendment to OPUD- -11, amending; the protective covenants to allow a business to raise, beep or breed animals. The subject property is located on the northwest corner of the intersection of 96`' Street N. and 129' East Ave. 'The Chair introduced the case and the staff review was given by Robert Moore. Robert described the property location and surrounding land use. On January 19, 1993, City Council approved and amended the PUD requirements to allow restaurants. This proposal is to amend only the planned unit development requirements, which the City has been appointed to enforce. Article 111, Section :3.01 spells out permitted uses within the PUD. The portion that is to be stricken is as follows: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. The applicant is proposing to amend the PUD requirements to allow for a retail pet store that raises, breeds or keeps animals. Staff has received no phone calls or any other correspondence concerning the request. The 'Technical Advisory Committee reviewed the proposed amendment, no comments were cited. Staff recommends approval of the request to amend the PUD requirements to allow for a retail pet store that raises, breeds or keeps animals. The property owner, Mr. Michael Roark was present to answer questions. Mr. Pill Rothrock, a nearby business owner, stated that he was not opposed to a retail pet store at the subject location. Ray Haynes moved to approve the PUD Minor Amendment, to amend the PUD requirements of Ram Plaza to allow for a retail pet store that raises, breeds or keeps animals. Dale Prevett seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey - Yes Dale Prevett - Yes The motion carried 3 -0. WASSO PLANNING COMMISSION October 7, 2002 Page No. 5 7. Planned Knit I7evelo went l�ilino�° � e�rel _er�t e I�ar� Pla_�a_ - A request for a review of a rrtinor amendment to OPUD -11, amending the protective covenants to allow a billiard parlor as a recreational use. The subject property is located on the northwest corner of the intersection of 86" Street N. and 129 "' East Ave. The item was presented and the subject property was described. Robert stated that on January 19, 1993, City Council approved and amended the PUD requirements to allow restaurants. A billiard parlor falls within Use Unit 19 and is permitted by right in the CS zoning district. The portion to be stricken is within Article 111, Section 3.01, Section (a) of the Ram plaza Protective Covenants. f,anguage that is requested. to be stricken is as follows; (a) No theater... health spa, skating rink, bowling alley, dairy store, - tab1isme-at-,hie+, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. Staff has received numerous phone calls in opposition, however, comments received were regarding concerns with the on- .,premise alcohol consumption and not the billiard parlor issue. The Technical Advisory Committee reviewed the proposed amendment at their September 25, :2002 meeting. The following comments were received; 1. Occupancy load exceeds 300 persons. The building as shown would need to be sprinkled. Staff recommends approval of the request to amend the requirements of OPUD -II to allow for a billiard parlor as a recreational and /or an entertainment type activity subject to the following conditions: 1. The applicant submits an application for a business license to the Office of the City Clerk. 2. The applicant must either have the building protected by a fire suppression system or alter the square footage of leasable space. The applicant, Tyr. Lance Preston was present to address any concerns. Mr. Preston stated that beer was not going to be sold to teenagers and that the employees would be trained to police the area and watch for kids trying to buy beer. Mr. Bill Rothrock stated that he was opposed to the selling of beer or alcoholic beverages at this location. He also discussed changing the subdivision covenants, stating that no 3.2 beer is to be sold on the premises for consumption. Charles Willey asked if the amendment would include the restaurant across the street that sells beer. He also stated that maybe all of paragraph (a) should be stricken and let the property owners decide what type of establishment should be allowed within the development. Ids. Carol Seims also expressed opposition to the establishment selling beer. O 'ASSO PLANNING COMMISSION October 7, 2002 Page Nom 6 Ray Haynes suggested withdrawing the motion on Item #6 in order to combine hems # 6, #I and #$ into one motion, striking Section. 7.01 Designation of Permitted and prohibited Uses, paragraph (a) and paragraph (b), subsection (i). There was not a motion and second to withdraw the vote on Item #6. Ray Haynes moved to combine Item #7 and Iterr Amendment, striking all of paragraph (a) and only Section 3.01 of the Rain Plaza Protective Covenants recommendations, Charles Willey seconded the rn recorded as follows: Ray Haynes - Yes Charles Willey ­ Yes Dale Prevett -flay 1 #$ to approve the PUD Minor subsection (i) in paragraph (b), in . Also, subject to the above staff otion. A vote on the motion was The rnotion failed 2A. With no recommendation, the item is forwarded to the City Council. $. Planned I1nit Develop ent Minor Amendment Ram Plaza -- ,Staff initiated request for a review of a minor amendment to OPUD -11, amending the protective covenants to allow health related activities. The subject property is located on the northwest corner of the intersection of $6" Street N. and 129" Fast Ave. Robert introduced the item to the Commissioners. This amendment is to amend the covenants to allow for health related facilities and uses of land. ,Staffs purpose in this request is in an effort to alleviate the non - conforming status of the several health related businesses within Ram Plaza. Staff recommends approval of the request to amend the protective covenants of Ram Plaza to allow for health related facilities. This item was discussed in conjunction with the above Item #7 and voted upon at that time. 9. Site Plan -- The Car Wash -- A request for the review of a site plan for The Car Wash. The subject property is described as Lot 1, Block 2, Tract B, Owasso Market 11 and is located approximately 500 feet north of the intersection of 96' Street N. and 119 `1 Fast Ave. Robert presented the item to the Commissioners and described the location. The subject property is zoned CS (Commercial Shopping District). According to the Owasso Zoning Code, a full service car wash falls within Use Emit 17 and is permitted by Special Exception. The Board of Adjustment did approve the Special Exception on December O AS O PLANNING COMMISSION October 79 2002 Page No. 7 20, 2001. Robert explained that the applicant is proposing to locate and lease 9,000 square feet for an automobile tube shop along the southwest corner of the property. He will be required to submit a site plan application and receive approval. Staff has concerns with the location of the required handicapped accessible parking. The Technical Advisory Connnittee reviewed the site plan at their September 25, 2002 regular meeting. Several comments were addressed; the site does contain the recornryiended changes. Staff reconnriends approval of the site plan, subject to the following conditions: 1. The applicant applies for and receives separate Planning Commission site plan approval for the proposed tube center prior to the issuance of building permits. Ray Haynes moved to approve the site plan subject to the above staff recommendation, Dale Prevett seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey -_ Yes Dale Prevett Yes The motion carried 3 - -0. 10. Site Plan - Villas at @#ty Ranch _ A request for the review of a site plan for The Villas at Bailey Ranch. The subject property is described as Lot 2, Block 1, Lakeshore Greens Addition and is located approximately 500 feet north of the intersection of 86"' Street N. and 97"' East Ave. The Chairperson presented the item and staff reviewed the item. Robert explained that the applicant is proposing to locate 132 multi -- family dwelling units on approximately 6.89 acres. Sidewalks and an acceleration lane will be required along 97 "' East Ave. The Technical Advisory Committee reviewed the site plan at their September 25, 2002 regular meeting. The site plan contains the changes noted with the exception of the below recommendations. 'There were questions regarding the purpose of the open land. The applicant was present and stated that the open land will be used for detention. Mrs. I. B. Stigell, a surrounding property owner, had concerns with the streets not being able to handle more traffic. Staff recommends approval of the site plan subject to the following conditions: 1. The applicant receives approval of an accessibility plan from the Owasso Police and Fire Departments. 2. Fire lane(s) locations are to be addressed separately with the Owasso Fire Department. 3. Individual Certificates of Occupancy will not be issued until each building is complete. OWASSO PLANNING COMMISSION October 7, 2002 Page Nom 8 4, The applicant meets or exceeds all requirements set forth in the letter dated September 23, 2002 from Mr. Phil Lutz, City Engineer prior to the issuance of building permits. 5. Wind /trash fencing is required to be installed around the entire site prior to the issuance of building permits. Ray Haynes moved to approve the site plans, Dale Prevett seconded the motion. A vote on the motion was recorded as follows: Ray Haynes -- Yes Charles Willey — Yes Dale Prevett -- Yes The motion carried 3 -0. 11. Deport on monthly 'building permit activity. 11 Report on planning items previously forwarded to City Council. 13. Discussion of development in and near Owasso. 14. Adjournment -- Charles Willey moved, Dale Prevett seconded, to adjourns the meeting. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey -- Yes Dale Prevett - Yes The motion carried 3 -0 and the meeting was adjourned at 9:15 PM. t Secretary I JA Date