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HomeMy WebLinkAbout2006.02.13_Planning Commission MinutesOWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, February 13, 2006 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Kevin Vanover Dan Draper Marilyn Hinkle Duane Coppick MEMBERS ABSENT STAFF PRESENT Chip McCulley Eric Wiles Marsha Hensley Rickey Hayes Dan Salts Joe Nurre J B Alexander Julie Lombardi The agenda for the regular meeting was posted at the north entrance to City Hall on February 1, 2006 at 9:00 AM. 1. CALL TO ORDER - Chairperson Duane Coppick called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF DECEMBER 12, 2005 REGULAR MEETING - The Commission reviewed the minutes of December 12, 2005 Regular Meeting. Marilyn Hinkle moved and Ray Haynes seconded the minutes for approval. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion was approved 5 -0. 4. Annexation OA -06 -01 - A request to review and recommend the approval of the annexation of 41 properties along the north and south sides of East 96'' Street North between North 129`'' East Avenue and North 145'' East Avenue, and an explanation of the annexation services plan for the territory. Chairperson Duane Coppick presented the item and the staff report was reviewed. Eric Wiles reviewed the history of the subject properties. There are 41 properties in the study, including 18 properties in Pleasant View and 12 properties recently rezoned for OM Office use by Tulsa County. Annexation allows the City of Owasso to decide how the properties should develop and gives the City the ability to enforce its Master Plan. Staff found two ordinances, one for the properties on the south side of 96''' Street North and one for the properties on the north side of 96' Street North, would be required to annex the property. The properties to the south of 96' Street North can be annexed by way of OWASSO PLANNING COMMISSION February 13, 2006 Page No. 2 the three -sided type of annexation. If the south side properties are annexed the City must include Pleasant View Estates subdivision. This inclusion would mean that this western set of properties is bounded on three sides of Owasso limits. The City can annex eighteen of the nineteen properties located on the north side and along North 136' East Ave. because the properties are each less than five acres in size. The Thompson property would not be included because it is 6.35 acres. The background of the Owasso 2015 Land Use Master Plan was described. The Annexation Services Plan was also discussed. The Owasso Annexation Committee reviewed the request and recommended approval. Staff published legal notice in the Owasso Report and letters of notification were mailed to property owners within a 300' radius. A letter of opposition is attached along with emails that are in favor of the annexation. Staff recommends approval of annexation OA- 06-01. The following are comments /concerns from citizens opposing the proposed annexation: John Moody - He represents the property owners that the City is trying to annex. Should these properties be annexed, they should come in as OM, not AG. An annexation with AG zoning would be a down zoning. The southeastern properties are larger than 5 acres and are not bordered on 3 sides. Jack Ojala - Gave history of cases. Feels it is a hurry up process and not well- thought out. The City wasn' t interested until January 10`''. Why? This is a quick fix annexation. Please review this case and consider denying the proposal. Why can' t we generate some of the rewards that other homeowners receive from all the commercial property coming up? The homes will be torn down soon, why can' t we use the properties for non - residential use? Do what is right in your heart. Kathleen Blue - On October 19`' Eric Wiles said that there is never forced annexations. Have you been in contact with any developers that want our land Mr. Wiles? Mary Ann Ocobock - Eric Wiles told her husband that the annexation was not going to happen because of streets not meeting the City' s standards. Why is it in the best interest of the City now? Why did the City change its annexation policy? Who is putting pressure on City? David Geer - Before I purchased my property I asked the City how the 35 acres to the north would develop and was told it would develop residentially. The Master Plan is not to protect citizens. Deny the annexation proposal. We are being held to a different standard than a lot of commercial properties that are surrounded by residential property. Light to medium office space is all we are asking for. If developed residential it will be starter homes and will hurt Nottingham Estates and Pleasant View. Rob Haskins - He had annexation process questions. Sharon Davidson - On January 9' the properties were rezoned by Tulsa County and on January 10`'' the City discussed annexation. Was this the first time that this annexation was discussed by the City Council? It is not fair treatment to target 18 properties just to reverse the Tulsa County zoning. OWASSO PLANNING COMMISSION February 13, 2006 Page No. 3 Steve Johnson - Please consider what is happening at the property to the west. From the corner up to 136 E Ave is commercial zoning. He didn' t receive notice when the property to the west was rezoned. Not fair to vote on something about our own property. We have an investment in this town. Our property values are impacted. Retain the OM zoning that has been granted to us. We want representation. Susan Johnson - She was there to represent her father, Bill Roseman. She is in opposition of the annexation without the OM zoning. Wants to know where her father' s return is on his investment. Gail Williams - Lived there 7 years. No one in their right mind would live in a house on 96' St. No. The traffic is terrible. My property value has decrease. The City spends thousands of dollars for the character program and is not conducting themselves in a good character way. We want to make the most dollars we can. Our property should not be considered residential. Faye Haskins - There appears to be matters between the City of Owasso and Tulsa County. This is not building a good relationship to us. Don Smith - Will not be able to enjoy his 2 acres when they develop the 35 acres for hotel. He should be able to sell his property for its highest cost. Lynn Dopps - Evaluate all the costs of this annexation and consider the loss of property values and the loss of country living. Michelle Brown - Imagine the 5' floor of the hotel balcony looking down in our backyard. Please deny this request. We are being picked out and can' t get the values of our homes. The following are comments /concerns from citizens supporting the proposed annexation: Kevin Coutant - He represents the supportive property owners. The challenge is one of making a reasonable decision. 1) The properties are surrounded by the city already. 2) Maintain the integrity of the Master Plan. 3) The Service Plan shows that the city services are already being provided. 4) A benefit to surrounding property owners and the community to have these properties annexed. Jim Ponton - He is in favor of annexation and the city has a good Master Plan that should be upheld. He lives in Nottingham Estates because it is a nice place to raise families. We bought there because of all the residential property surrounding it. Take a bold step and annex these properties Mark Wright - How can the County Commissioners have a say as to what happens in Owasso when they don' t even live here? He is in full support of the annexation. Colin Kennedy - Supports annexation but does not want to see the homeowners suffer a loss. OWASSO PLANNING COMMISSION February 13, 2006 Page No. 4 Kaye Williams - Supports the annexation. Phil Harizol - Supports the annexation. If Tulsa County had 71" Street to do over again they would do it differently. This is your chance. Jill Fabian - Concerns with the safety of her children. Doesn' t want an office building in her backyard. Supports the annexation. Ronald Foore - In favor of the annexation. Praised the work of the Planning Commissioners. Laura Garrison - She had concerns with light pollution and noise pollution. There is someone that is going to be hurt by the decision. Would you want it to be 19 property owners or hundreds? Jim Siegfried - Supports the annexation. These homeowners want commercial because of the money. They are ready to make lots of money and leave our community. Ken Christoff - Supports the annexation. Mark Wesley - He moved to Oklahoma 15 months ago. Chose Owasso because it was a small community, quiet and good schools. He supports the annexation. Carolyn Mosley - Supports the annexation. Susan Holman - Supports the annexation. Art Bausch - Supports the annexation. Ava Sandors - Supports the annexation. Melissa Collard - She moved here from Louisiana and has felt very welcomed here. Supports the annexation. Donna Weida - Concerned about crime that comes with commercial or office zoning. Supports the annexation. Randy Williams - He had concerns with increasing traffic. Supports the annexation. Roy Sandors - Annexation in order to control development. Supports the annexation. Patty Rich - She has lived in Owasso for 3 years. Has sympathy for the 8 homes on 136 E Ave but not the south side of 96`' St North. John Davis - Moved 3 years ago from Houston because of the Master Plan. Maintain the Master Plan. Supports the annexation. OWASSO PLANNING COMMISSION February 13, 2006 Page No. 5 Harold Merrill - The City should be in control of the property around us. Supports the annexation. Jodi Fitch - Supports the annexation. She feels the law enforcement would improve. Kim Turnbaugh - Supports the annexation. Julie Henson - Supports the annexation. Grant Gardner - Supports the annexation. Ed Robertson - Doesn' t have a problem with property owners making a profit but not at the cost of all the other property owners. Supports the annexation. Frosty Turpen - We need to control the growth and take control now. These property owners are going to be here a long time. It is a residential area not a commercial area. We are not trying to take the money and run. J. D. Brumbaugh - Supports the annexation. Commissioner Vanover stated that the Master Plan is a guide for the future land use in Owasso. He also explained that Tulsa County doesn' t hold the same requirements as the City of Owasso does such as streets, lighting, etc. Commissioner Draper questioned Mr. Moody' s statement regarding a PUD being utilized. Mr. Wiles explained that the Planned Unit Development process was discussed with Mr. Moody but no application was received. Discussion was held regarding the three -sided annexation rule. Commissioner Draper also stated that approval for this annexation would allow us to place appropriate conditions on the development, such as infrastructure, landscaping, lighting, etc. He also explained that he struggles with the increase in traffic and the property value issue. Dan Draper moved to approve the annexation request; the motion was seconded by Kevin Vanover. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. Chairperson Coppick requested a 10 minute recess at 9:30 PM. 5. Annexation OA -06 -02 - A request to review and approve the annexation of approximately 0.23 acres located at the southeast corner of the intersection of East 103rd Street North and the Owasso Expressway. OWASSO PLANNING COMMISSION February 13, 2006 Page No. 6 Chairperson Duane Coppick presented the item and the staff report was reviewed. The development and annexation review process was described. The applicant is requesting approval to annex approximately 0.23 acres. It is our understanding that the applicant is requesting this annexation petition in order to start the process that will result in commercial development. The Owasso Annexation Committee reviewed the request and recommended approval. Staff published legal notice in the Owasso Report and letters of notification were mailed to property owners within a 300' radius. Staff recommends approval of OA- 06 -02. Marilyn Hinkle moved to approve the annexation request; the motion was seconded by Ray Haynes. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 6. Lot Tie - A request to review and approve a Lot Tie Agreement for Lots 50 and 51, Block 5, Country Estates V (11207 and 11211 East 122 Court North). Chairperson Duane Coppick presented the item and the staff report was reviewed. No easements will need to be vacated between the two lots. The single family structure located on the western lot (Lot 50) complies with all bulk and area requirements. The Technical Advisory Committee reviewed at the regularly schedule meeting on January 26'' and recommended approval. Staff recommends approval of the lot tie. Marilyn Hinkle moved to approve the Lot Tie; the motion was seconded by Duane Coppick. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 7. Final Plat - The Villas 0- Bailey Ranch, Phase II - A request to review and recommend approval of a final plat proposing one multi - family lot on 6.01 acres located north of the northeast corner of East 86`'' Street North and North Mingo Road. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was explained. The subject property is located within the Bailey Ranch PUD and zoned for residential multi - family. The request was reviewed and OWASSO PLANNING COMMISSION February 13, 2006 Page No. 7 approved by the Technical Advisory Committee meeting on January 25, 2006. The following TAC recommendations were addressed: 1. The applicant must identify the legal and graphically indicate the point of commencement and point of beginning. 2. The applicant must include language regarding the drainage detention in the deed of dedication. Kevin Vanover moved to approve the Final Plat for the Villas at Bailey Ranch, Phase II subject to TAC recommendations. Also subject to the following: 3. Define the Limits of No Access 4. Subject to the plat showing Exchange Bank instead of RCB. The motion was seconded by Dan Draper. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 8. Final Plat - IBC of Owasso - A request to review and recommend approval of a final plat proposing one commercial lot on approximately 0.985 acres located south of the southwest corner of East 96' Street North and North Garnett Road. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was described. The request was reviewed by the Technical Advisory Committee meeting on January 25, 2006. Staff recommends approval without condition. Commissioner Vanover recalled a request for a statement of floodplain location which was discussed at the Technical Advisory Committee meeting. Mr. Tim Terral from Tulsa Engineering assured Commissioner Vanover that it will be addressed at City Council. Duane Coppick moved to approve the Final Plat for IBC of Owasso subject to TAC and Staff recommendations and subject to a statement of floodplain location from FEMA. The motion was seconded by Marilyn Hinkle. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. OWASSO PLANNING COMMISSION February 13, 2006 Page No. 8 9. Final Plat - Tyann Plaza VI - A request to review and recommend approval a final plat proposing one commercial lot on approximately 1.91 acres of property zoned CS (Commercial Shopping), located southeast of the Owasso Expressway and East 961' Street North. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was described. The subject property is zoned CS (Commercial Shopping Center) District. The Technical Advisory Committee reviewed the request at the January 25, 2006 meeting. The following TAC recommendations were addressed: 1. The applicant must tie the legal description to a monument. 2. The applicant must relocate the 25' building line over to the utility easement along the western edge of the property. Marilyn Hinkle moved to approve the Final Plat of Tyann Plaza VI subject to TAC and Staff recommendations; the motion was seconded by Ray Haynes. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 10. Final Plat - The Falls (cif Garrett Creek Amended - A request to review and recommend approval of an amendment to the Falls at Garrett Creek, proposing 24 residential lots on 15.18 acres located southwest of the interchange of the Owasso Expressway and East 116' Street North. Chairperson Duane Coppick presented the item and the report was reviewed. The platting process was described. The development will be served by City of Owasso sewer and water by Rural Water District No. 3 Washington County. Detention has been addressed with the establishment of a detention facility located in the northwestern portion of the addition. Owasso Technical Advisory Committee reviewed the final plat at the January 25, 2006 regular meeting. The following TAC recommendations were addressed: 1. Applicant must indicate that the existing detention facility will be receiving water from both the residential and commercial properties. 2. Applicant must eliminate addresses on Lots 1, 2, 3, & 4, Block 2 along North 133`d East Avenue. Discussion was held regarding the shared detention facility with no ownership. The Commissioners have a problem with the commercial tract not having any responsibilities and the possibility of the potential run -off being nasty from the commercial area. Mr. Mr. Denny Woolman, the applicant, was present to address any concerns. He stated that OWASSO PLANNING COMMISSION February 13, 2006 Page No. 9 the pond will contain some water at all times and there will be a nice walking trail for the residents. Mr. Joe Nurre, Public Works Engineer, explained that the pond is still under review but are getting close to a resolution. It' s a very difficult design, the parties need to work it out and develop a legal solution. Mr. Nurre also recommended making the commercial party responsible for a portion of the fees so the homeowners won' t have full responsibility. Mr. Woolman suggested the second pond, on the commercial side, have a separate drainage ditch. Dan Draper moved to approve the Final Plat for The Falls @ Garrett Creek Amended subject to the above TAC and Staff recommendations being met. Also subject to the following recommendations: 1. State the Limits of No Access on Lots 1, 2, 3 and 4, Block 2 along North 133 East Ave. 2. The 11' sanitary sewer easement to be moved toward North 133 East Ave. 3. The adjacent commercial property owner must share a joint financial responsibility to be determined by the parties. The motion was seconded by Duane Coppick. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 11. Site Plan - The Villas at Bailey Ranch, Phase II - A request to review a site plan for Villas at Bailey Ranch Apartments Phase II, proposing to locate 156 multi - family dwellings within twelve buildings on 6.01 acres, located northeast of the intersection of East W' Street North and North Mingo Road. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was described. The applicant is requesting this review in order to facilitate a multi - family development on 6.01 acres. The Owasso Technical Advisory Committee reviewed the plat at the January 25, 2006 meeting. The following recommendations were made: 1. Applicant must provide the city engineer with drainage calculations. 2. Applicant must coordinate parking lot lighting with the City Planner. 3. Applicant must adhere to the Owasso Sign Ordinance. Staff recommends approval of the Villas at Bailey Ranch Phase II. Discussion was held regarding an additional trash enclosure for the new phase. OWASSO PLANNING COMMISSION February 13, 2006 Page No. 10 Duane Coppick moved to approve the Site Plan for the Villas at Bailey Ranch, Phase II subject to TAC and Staff recommendations being completed. Also subject to, adding at least one if not two trash enclosures to the site plan. The motion was seconded by Ray Haynes. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 12. Site Plan - Starbucks Coffee Shop - A request to review the site plan for Starbucks, proposing to locate a 4,451 square feet building on a 0.66 acre tract located on Lot 9, Block 2 in the Smith Farm Marketplace, just south of Applebee' s. Duane Coppick moved to approve the Site Plan for Starbucks Coffee Shop subject to TAC and Staff recommendations being completed. Also subject to, the handicap parking signage being pushed to the other side of the sidewalk. The motion was seconded by Ray Haynes. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 13. Report on Monthly Building Permit Activity. 14. Report on Planning Items Previously Forwarded to City Council. 15. Discussion of Development In and Near Owasso 16. Adjournment - Duane Coppick moved, Dan Draper seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0 and the meeting was adjourned at 11:15 PM. OWASSO PLANNING COMMISSION February 13, 2006 Page No. 11 i Chairperson Vic Chairp son Date F613- 1,i- �tOt�b 16� 5'r RICHARD L. HARRIS JOHN A. McMAMAM STEPNEM O. PETERS R. LYNN TNOMPSOM ERIC W. STALL RANDALL T. DUNCAN TODD W. S/NGLA KORT A. OCSOa4 H.W /di MARR 18. MCMAMAN, PLEAS. TMOMPSOM i STALL A PI W[SSIORAL CORP0*4 WM ATTWRNLYIII AT LAW StNTE 900 Of COUNSEL 1 800 SOUTH BALTIMORE WILLIAM 0. TONEY JOHN W. MOODY TULSA, DRLAHOMA 741 19-5INJ T£LEPHOME: 49 10) 743.02D1 PHILLIPS DIMCKIMRIDOE I +033-190¢1 FRAM1f E. TURNER I I SEC"RO021 TELECOPIER; 1916) 747-E965 wr11r.hMgI$11rM.C9- TELECOPIER COVER SHEET Cbn &kntialitp Notice This facsimile transmission and the documents accompanying it may contain confidential information belonging to the sender which is protected by the attorney- client privilege or other privileges. The information is intended only for delivery to the- individual or entity named below. If you are not the intended recipient, you are hereby notified that any, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you have received this transmission in error, please immediately notify us by telephone to arrange for return of the documents. PLEASE DELIVER THE FOLLOWING PAGE(S) TO. NAME: Owasso Planning Commission % Chip MgQAey_, City Planner TELECOPIER NUMBER: 376::M97 FROM: John W. moody DATE: February 13, 2006 WE ARE SENDING 3 PAGES (INCLUDING THIS COVER SHEET). IF YO U DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CALL US @ (918) 743-6201. FEB -13 -2006 16:57 JOHN A. µCMAMAN STEP"C" Q. PCTE115 R LYNN THGHSSON EPIC W STALL RANOALL T. OUNCAN KOPT A 0050RE HARRIS, MCMAHAN, PETERS, THOMPSON & STALL A ppO�e'�IOMM QOp.O.AT1011 ATTORNEYS AT LAW SUITE 900 igloo SOUTH BALTIMORE TULSA. OKLAHOMA 74119 -19223 TELEPHONE: 19161 743 -6201 TEL6COPIER: 19161 747 -2085 www- hmplefirm.com February 13, 2006 VIA FACSINllLE AND HAND DELIVERY City of Owasso Planning Commission City Municipal Building 111 N. Main - Owasso, OK 74055 Re: Annexation OA -06 -01 Ladies and Gentlemen: P. 02/03 Of COUNSEL R Ic HAOD L. HARRIS WILLIAM O. TONEY ,IOwN W. MOODY PHILLIPS GRECKIWRICCE 11®33•10051 FRANK E. TURNER 11920-299 =1 I represent the owners of the properties proposed to be annexed to the City of Owasso, pursuant to the proposed annexation No. OA- 06 -01, They oppose and object to the annexation unless the annexation recognizes the zoning of the properties to O. M.- Medium Intensity Office by the County of Tulsa, The proposed annexation was only commenced after the approval of the O. M zoning by the County and is only being done in order to unconstitutionally deny my clients the use of their properties for offices under the O. M. zoning. The proposed annexation and the changes to the annexation policies of the City of Owasso are clearly directed solely towards my clients and such actions are being done in order to deprive my clients of the rights, privileges and immunities guaranteed them by the Constitutions of the United States of America and the State of Oklahoma. These acts are an obvious and illegal attempt to deny my clients the equal protection of the laws and the due process of law and will result in a taking of their property without just compensation. These rights are finer protected by the provisions of Title 42 United Stat from Code, Section 1983, which grants my clients the right to recover monetary damages any person, including commissions and cities, who, under color of env statute, ordinance, Or , 01111_ation of any State causes my clients tolhe subjected to the deprivations of any a:°.:4 (),wasso Planning Commission .rebf uary 1.3, 2000 Page 2 In addition, the proposed annexation does not comply with the requirements of I 1 O.S. § 21 -103 because the property owned by Sill and Nancy Rossman at 14008 E 96TH St. N. contains five (5) acres and the property owned by Leslie and Sharon Davidson at 13918 E 96TH St. N-, contains six (6) acres. "These properties are not adjacent or contiguous on ttuee (3) sides to property already within the mundicinal limits and can io i,e t7u'inexed without the written consent of the owners, which the owners- have o-. not P-iven. Accordingly, the annexation of tine proveriy of the souih side rai mist ya c't ._�. �rnp� §� — . -n-I-, -����gr?, TOTAL ?.03 Page 1 of 1 Wiles, Eric From: Roberts [rroberts39@cox.net] Sent: Monday, February 13, 2006 5:11 PM To: Wiles, Eric Subject: Annexation My name is Rick Roberts and I live at 13503 E. 94th St. North. I would like to go on record as being for annexation of these properties. Thank You. Rick Roberts 2/13/2006 Page 1 of 1 Wiles, Eric From: Roberts [rroberts39 @cox.net] Sent: Monday, February 13, 2006 5:12 PM To: Wiles, Eric Cc: Roberts, Roxanne Subject: Annexation My name is Roxanne Roberts and I live at 13503 E. 94th St. North. I would like to go on record as being for annexation of these properties. Thank You. Roxanne Roberts 2/13/2006