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HomeMy WebLinkAbout2009.04.13_Planning Commission AgendaPUBLIC NOTICE OF TIIE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regulai DATE: TIME: PLACE: NOTICE FILED BY: TITLE: April 13, 2009 6:00 PM Old Central 109 North Birch Larissa Dannaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 1:00 PM on April 8, 2009. Larissa Darnaby, City Plat er OWASSO PLANNING COMMISSION Monday, April 13, 2009 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the March 9, 2009 Regular Meeting. 4. Annexation -09 -01 — Consideration and appropriate action related to a request to annex approximately 21 acres of land, on property located near the southeast corner of East 106ei Street North and North 145 "' East Avenue. 5. Easement Closure Request — Consideration and appropriate action related to a request to close a 5' Utility Easement located in the eastern portion of the rear yard and 6.5' of the 17.5' Utility Easement located in the southern portion of the rear yard, on property located at 9902 East 93 " Court North, recognized as Lot 14, Block 3, Fairways at Bailey IV Addition. 6. Report on Monthly Building Pennit Activity. 7. Economic Development Report. 8. Report on Planning Items Previously Forwarded to City Council, 9. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, March 9, 2009 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Marilyn Hinkle Charles Brown David Vines Dr. Paul Loving Dr. Mark Callery MEMBERS ABSENT STAFF PRESENT Eric Wiles Larissa Darnaby Dan Salts Marsha Hensley Steve AIbert Julie Lombardi The agenda for the regular meeting was posted at the north entrance to City Hall on March 4, 2009 at 1:00 PM. CALL TO ORDER - Marilyn Hinkle called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL CONSIDER APPROVAL OF THE MINUTES OF JANUARY 12, 2009 REGULAR MEETING - The Commission reviewed the minutes of January 12, 2009 regular meeting. A correction to the minutes was requested. Mr. Steve Albert was present at the January 12 " meeting and Daniel Dearing was not present. Mr. Dearing' s name will be stricken and Mr. Albert' s name added. Charles Brown moved to approve the minutes and Dr. Loving seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes David Vines - Yes The motion was approved 5 -0. Lot Tie Agreement 09 -01- A request to review and approve a Lot Tie Agreement proposing to adjoin lots 4 -8, Block 1, Park View Addition Amended with Lots 1 -6, Block 1, Park View Addition (being recognized as St. Henry Catholic Church), located on the south side of East 86"' Street North and immediately west of the Owasso Expressway. Marilyn Hinkle presented the item. Larissa Darnaby reviewed the staff report; described the development process and the lot tie process. The request is for the approval of a lot tie proposing to join Lots 4 -8, Block 1, Park View Addition Amended to Lots 1 -6, Block 1. Park View Addition. The properties are currently zoned RS -3 (Single - Family Residential) with existing dwellings on each site. The intention is to remove the existing five structures and expand 260' southward for parking and general improvements. There will also be an addition made to the central portion of the church being approximately 11,430 square feet in size. The Board of Adjustment approved a request on February 2, 2009, for a special exception to allow permission to utilize the OWASSO PLANNING COMMISSION March 9, 2009 Page No. 2 subject tract as a church facility. The staff recommends approval of the Lot Tie Agreement. There was discussion regarding the need to revise the exhibit drawing to illustrate only the five (5) lots that are involved, opposed to showing all seven (7) lots. David Vines moved to approve the Lot Tie Agreement request, Charles Brown seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes David Vines - Yes The motion was approved 5 -0. 5. Rezoning Request OZ 09 -01 - A request to review and approve a rezoning from an AG (Agriculture) Zoning District to an RS.2 (Single Family Residential) Zoning District, on property located at the southwest corner of East 96 "' Street North and North 145th East Avenue. Marilyn Hinkle presented the item and the staff report was reviewed. Eric described the development process. He also explained to the Commissioners that the policy is not to present a rezoning request along with the final plat review. A one (1) acre tract of land to the east of the subject property was rezoned to RS -2 (Single Family Residential) in March of 2007, so that it could be included with the subdivision. The remainder of the development was inadvertently left in the AG (Agricultural) zoning district, and the preliminary plat was reviewed while the property was still not rezoned residential. The issue has been addressed and staff does apologize to the Commissioners for the mix -up. The acceptance of the final plat is contingent upon approval of the rezoning request. The subject tract is currently vacant and the applicant has submitted a rezoning application to rezone the property from AG (Agriculture) zoning to an RS -2 (Single Family Residential) zoning district. The property is approximately 27.13 acres in size. Letters were mailed to surrounding property owners and the legal advertisement was published in the newspaper. Staff recommends approval. If approved this application will then require City Council approval. Dr. Callery moved to approve the rezoning request. The motion was seconded by David Vines. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes David Vines - Yes l The motion was approved 5 -0. OWASSO PLANNING COMMISSION March 9, 2009 Page No. 3 6. Final Plat - Nottingham Hill - A request for the review and acceptance of the Nottingham Hill Final Plat, being fifty -eight (58) residential lots, in two (2) blocks on approximately 27.13 acres, on property located at the southwest corner of East 96 "' Street North and North 145 "' East Avenue. Marilyn Hinkle presented the item and the staff report was reviewed. The subject property is approximately 27.13 acres in size. The developer is planning to develop the area with fifty -eight (58) residential lots in two (2) blocks. In January of 2006, the City of Owasso annexed the site into the city limits. In January of 2007, the Owasso Planning Commission approved the preliminary plat of Nottingham Hill with a few conditions. The final plat is in accordance with the conditions placed upon the preliminary plat. The Owasso Technical Advisory Committee reviewed the final plat at its regular meeting on January 28, 2009. The following comments were provided: • Applicant needs to check the boundary closure • Correct typing errors in reserve area • Provide the Fire Department and Police Department a code number for the entrance gate. Staff recommends approval of the Nottingham Hill final plat with TAC recommendations. Charles Brown moved to approve the final plat request subject to the above TAC and Staff recommendations. The motion was seconded by Dr. Callery. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes David Vines - Yes The motion was approved 5 -0. 7. Report on Monthly Building Permit Activity 8. Economic Development Report. 9. Report on Planning Items Previously Forwarded to City Council. 10. Adjournment - Dr. Loving moved, David Vines seconded to adjourn the meeting. OWASSO PLANNING COMMISSION March 9, 2009 Page No. 4 A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes David Vines - Yes The motion carried 5 -0 and the meeting was adjourned at 6:25 PM. Chairperson Vice Chairperson Date MEMORANDUM TO: OWASSO PLANNING COMMISSION FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION 09 -01 DATE: APRIIL 5, 2009 BACKGROUND: The City of Owasso has received a request for the annexation of approximately 21 acres, located at the southeast corner of North 1451' East Avenue and East 106th Street North. It is the intention of the owners to rezone the property and develop it residentially. LOCATION: Located near the southeast corner of East 1061h Street North and North 145 °i East Avenue. The subject property wraps around the tract that sits on the hard corner of the intersection. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Single - Family Residential, with the hard corner of the northeast corner of 145 °i East Avenue and East 106`' Street North being zoned for commercial uses South: Rogers County Residential Pinebrook Crossing East: Rogers County Agriculture West: Currently undeveloped, but zoned for Multi - Family Residential and Commercial Uses — Coffee Creek PRESENT ZONING: AG (Agricultural District) — Rogers County MASTER PLAN DESIGNATION: The planned land use for the property is transitional, which would allow duplex, town homes, multi - family residential, and office developments. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and approved by city staff, Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The City of Owasso has received a request from Mark Bedair for the annexation of approximately 21 acres, more or less. The suUtject property is located in the southeast comer of East 106'h Street North and North 145t' East Avenue. The property is currently undeveloped. Rural residential development exists to the south and west. The property is currently zoned AG (Agricultural District) in Rogers County, it is surrounded by AG (Agricultural District) A general area map and complete legal description are attached for you review. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of residential facilities to the site which would include attached - single family dwelling unites and multi - family dwelling units. If the property is annexed into the city the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property will be served sewer by the City of Owasso and water by the Rural Water District #3 of Rogers County. Preliminarily, it appears that the property contains a significant atnount of floodplain. During the development process, the staff will ensure compliance with federal, state and local flood development regulations. The Owasso Land Use Master Plan calls for transitional use developments to occur in this general area. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. To this date staff has received no phone calls or correspondence concerning the request. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the annexation request at their regularly scheduled meeting on March 25, 2009. The Committee unanimously recommended approval of the request. RECOMMENDATION: The staff finds that the property is likely to develop. If such development occurs within Owasso's corporate limits, then the improvements will be inspected according to City standards; whereas the development could still take place if the annexation is not approved, but in that case the improvements would only be required to meet the standards of Rogers County. Staff recommends approval of the request to annex the property into the corporate limits of the City of Owasso. ATTACHMENTS: 1. General Area Map SUBJECT PROPERTY CITY OF OWASSO LEge]](I I I I N. Main Street P.O. Box 180 .0 Owasso, OK 74055 North THIS lFf�.P I9 IfiA. RJFOFIH.A]'!OT•i PVFPOSE ONLT' .ALiD I5 1J()T !nJ]'ENPE)J T�] AEPNP�EN]'o,.IJ .i CC9JRATG AIVS)'TR.L!E 3_E. tJi115 OL 'fkLYS bIA.P IS o:(1'H.OUT 91R.37b.1500 S`: ARfi.A]VTY r_tK P.EPP.55ENT.+.T101V F.'Y c:rr•�' <-:c ri or r. na-...r .- - .. ..._. MEMORANDUM TO: OWASSO PLANNING COMMISSION FROM: LARISSA DARNABY CITY PLANNER SUBJECT: REQUEST FOR AN EASEMENT CLOSURE LOCATED AT 9902 EAST 93' COURT NORTH. DATE: APRIL 6, 2009 BACI {GROUND: The City of Owasso has received a request from Mr. and Mrs. Hamar, for an easement closure and a partial easement closure in the rear yard of their property in order to construct an in ground swimming pool. LOCATION: The subject property is located at 9902 East 93d Court North, Owasso, OK as part of Fairways at Bailey Ranch. EXISTING LAND USE: Residential SURROUNDING LAND USE: North: Attached Single - Family Residential South: Residential East: Residential West: Residential PRESENT ZONING: RS -3, Planned Unit Development Number 3 (Residential Single - Family Medium Density District) ANALYSIS: The applicant wishes to place an in ground swimming pool in the rear yard of their property, The in ground swimming pool, as it is currently planned, ould encroach into the existing 5' Utility Easement on the east side of 113e rear yard and into the 17.5' Utility Easement on the sout s' e o re rear yard by 6.5',�thus the basis for the request. This closure would remove the 5' Utility Easement on the eastern portion of the tear yard, and reduce the 17.5' Utility Easement to 11' on the southern portion of the rear yard. The staff has evaluated the request, and finds that approval of easement closure will not result in any detrimental impact on the surrounding area. It is the opinion of the staff that the character of the neighborhood will not be adversely affected by granting the variance. The applicant did go through the Board of Adjustment process to allow for a variance from the Owasso Zoning Code to allow for construction within 5' of the side yard setback. The Board of Adjustment unanimously approved the case on March 24, 2009. Additionally, it is the opinion of the staff that the addition of the pool shall enhance the value of the property and the character of the neighborhood will be positively affected by granting a variance. TECHNICAL ADVISORY COMMITTEE: The Technical Advisory Committee considered the item at their regular meeting on March 25, 2009. At that meeting, utility providers slid city staff are afforded the opportunity to comment on the application and request any changes or modifications. The committee made no comments on the item. 1. All utility companies concur this will not pose a problem for fixture maintenance of lines. 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