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HomeMy WebLinkAbout2009.06.08_Planning Commission AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular June 8, 2009 6:00 PM Old Central 109 North Birch Larissa Darnaby 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 June 21 2009. (-%f l�ia� vzo. l A Larissa Darnaby, City Planner OWASSO PLANNING COMMISSION Monday, June 8, 2009 at 6:00 PM Old Central 109 North Birch AGENDA Call to Order 2. Roll Call Approval of Minutes from the April 13, 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 106th Street North and North 145th East Avenue. This item was referred back to the Planning Commission by the City Council at their regularly scheduled meeting on May 5, 2009. 5. Report on Monthly Building Permit Activity. 6. Report on Planning Items Previously Forwarded to City Council. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, April 13, 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 Damaby Dan Salts Marsha Hensley Steve Albert The agenda for the regular meeting was posted at the north entrance to City Hall on April 8, 2009 at 1:00 PM. 1. CALL TO ORDER — Marilyn Hinkle called the meeting to order at 6:03 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF MARCH 9, 2009 REGULAR MEETING — The Commission reviewed the minutes of March 9, 2009 regular meeting. 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. 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 comer of East 106'h Street North and North 145th East Avenue. Marilyn Hinkle presented the item. Larissa Darnaby reviewed the staff report; described the development process. The planned land use for the property is transitional, which would allow duplex, town homes, multi - family residential, and office developments. Any development proposed for the property would be required to meet the zoning code and the subdivision regulations and any site engineering standards. The property will be served sewer by City of Owasso and water by the Rural Water District 43. The Annexation Committee reviewed the request at their meeting on March 25, 2009 and unanimously recommended approval. The following are comments /concerns expressed by nearby property owners: OWASSO PLANNING COMMISSION April 13, 2009 Page No. 2 Paul Pennekamp — 14814 E 104th St No — Concerns with the storm water run off. Had questions regarding the surrounding homeowners not being notified. He proposed that the 300' radius report was incomplete. Ronald Mannbeck — 14805 E 104'h St No — Also had storm water concerns. David Vines explained that if the land improvements are done in the city limits they will be inspected according to City standards. If not approved the improvement would only be required to meeting the standards of Rogers County. Larissa explained that at the time of rezoning we will check with INCOG to make sure the 300' radius mailing list is valid. There will also be a zoning sign posted on the property. She stated that it will go to City Council for approval and each property owner will be notified of that date and time. Marilyn Hinkle explained that the landowner could go straight to the zoning stage if they decide to let the Rogers County Planning Commission hear the request. David Vines moved to approve the annexation request, Dr. Callery seconded the motion. A vote on the motion was recorded as follows: Marilyn I3inkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery — Yes Charles Brown — No David Vines - Yes The motion was approved 4 -1. 5. Easement Closure Reauest — 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'd Court North, recognized as Lot 14, Block 3, Fairways at Bailey rV Addition. Marilyn Hinkle presented the item. Larissa Darnaby reviewed the staff report; described the development process. The applicant wishes to place an in ground swimming pool in the rear yard of their property. As it is currently planned, the pool would encroach into the existing 5' Utility Easement on the east side of the rear yard and into the 17.5' Utility Easement on the south side of the rear yard by 6.5' 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 request was approved on March 24, 2009. The Technical Advisory Committee considered the item at their regular meeting on March 25, 2009. At that meeting, utility providers and 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. Staff recommends approval of the request. The applicant was present to answer any questions. Charles Brown moved to approve the easement closure request, Dr. Loving seconded the motion. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION April 13, 2009 Page No. 3 Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery — Yes Charles Brown — Yes David Vines - Yes The motion was approved 5 -0. 6. Report on Monthly Building Permit Activity 7. Economic Development Report. 8. Report on Planning Items Previously Forwarded to City Council. 9. Adjournment — Marilyn Hinkle moved, David Vines seconded to adjourn the meeting. 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 6:45 PM. Chairperson Vice Chairperson Date Ill ►l�._UI lu TO: PLANNING COMML CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: ANNEXATION 09 -01 DATE: JUNE 1, 2009 BACKGROUND: The City of Owasso has received a request for the annexation of approximately 21 acres, located near the southeast corner of North 145i1 East Avenue and East 1061` Street North. It is the intention of the owners to rezone the property and develop it for multi - family and single - family residential use. LOCATION: Located near the southeast comer of East 106°i Street North and North 1451` 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 1451i East Avenue and East 10611 Street North being zoned for commercial uses South: Rogers County Residential — Pinebrook Crossing East: Rogers County Agricultural 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. 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. ANALYSIS: The City of Owasso has received a request from Mark Bedair for the annexation of approximately 21 acres, more or less. The sulect property is located of the southeast corner of East 106a' Street North and North 145 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 units 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 prescribed by Public Works including but not limited to paved streets and sidewalks. Development of the property would be required to participate in the Elm Creek Interceptor sanitary sewer payback ($1580.00 per acre), the TTC Interceptor sanitary sewer payback ($1000.00 per acre), and the emergency storm siren fee ($35.00 per acre). The property will Commission to start the annexation process again. The motion was seconded by Councilor Sinex. There was no opposition to the motion. 'RECOMMENDATION: Following the City Council's action, the Community Development Department received a new radius report that included all property owners within 300' of the property. Notices were sent out in a timely fashion and notice of the meeting has been published. 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 2. Minutes of the April 13, 2009 Planning Commission Meeting 3. Minutes of the May 5, 2009 City Council Meeting SUBJECT PROPERTY I CITY OF OWASSO Legend ® 111 N. Main Street P.O. o Box ]so Owasso, OK 74055 North TT3"[S MAP TS FOTC INPOT<MATTON PUZZPOSE pT2Y ANU TS iJOT INTENDED TO u�rnnnSi.�m�A ^o ogee �eeE A_ND TRUE SC�lLB. USfi OF THTS Nu \P l5 VVTTFSOUT 918.376.1500 OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, April 13, 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 Damaby Dan Salts Marsha Hensley Steve Albert The agenda for the regular meeting was posted at the north entrance to City Hall on April 8, 2009 at 1:00 PM. 1. CALL TO ORDER — Marilyn Hinkle called the meeting to order at 6:03 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF MARCH 9, 2009 REGULAR MEETING — The Commission reviewed the minutes of March 9, 2009 regular meeting. 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. 4. Annexation 09 -01= Consideration and appropriate action related to a request to annex approximately 21 acres ofland, on property located near the southeast comer of East 106'h Street North and North 145h East Avenue. Marilyn Hinkle presented the item. Larissa Darnaby reviewed the staff report; described the development process. The planned land use for the property is transitional, which would allow duplex, town homes, multi - family residential, and office developments. Any development proposed for the property would be required to meet the zoning code and the subdivision regulations and any site engineering standards. The property will be served sewer by City of Owasso and water by the Rural Water District #3. The Annexation Committee reviewed the request at their meeting on March 25, 2009 and unanimously recommended approval. The following are comments/concems expressed by nearby property owners: OWASSO PLANNING COMMISSION April 13, 2009 Page No. 2 Paul Pennekamp — 14814 E 104'' St No — Concerns with the storm water run off. Had questions regarding the surrounding homeowners not being notified. He proposed -that the 300' radius report was incomplete. Ronald Mannbeck —14805 E 104'' St No — Also had storm water concerns. David Vines explained that if the land improvements are done in the city limits they will be inspected according to City standards. If not approved the improvement would only be required to meeting the standards of Rogers County. Larissa explained that at the time of rezoning we will check with INCOG to make sure the 300' radius mailing list is valid. There will also be a zoning sign posted on the property. She stated that it will go to City Council for approval and each property owner will be notified of that date and time. Marilyn Hnlde explained that the landowner could go straight- to the zoning stage if they decide to let the Rogers County Planning Commission hear the request. David Vines moved to approve the annexation request, Dr. Callery 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 —No David Vines - Yes The motion was approved 4 -1. 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'a Court North, recognized as Lot 14, Block 3, Fairways at Bailey IV Addition. Marilyn Knikle presented the item. Larissa Darnaby reviewed the staff report; described the development process. The applicant wishes to place an in ground swimming pool in the rear yard of their property. As it is currently planned, the pool would encroach into the existing 5' Utility Easement on the east side of the rear yard and into the 17.5' Utility Easement on the south side of the rear yard by 6.5' 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 request was approved on March 24, 2009. The Technical Advisory Committee considered the item at their regular meeting on March 25, 2009. At that meeting, utility providers and 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. Staff recommends approval of the request. The applicant was present to answer any questions. Charles Brown moved to approve the easement closure request, Dr. Loving seconded the motion. A vote on the motion was recorded as follows: OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, May 5, 2009 The Owasso City Council met in regular session on Tuesday, May 5, 2009 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hull bulletin board at 5:00 p.m. on Friday, May 1, 2009. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Pastor Shane Cheek, The Lighthouse Church of Owasso. ITEM 3. FLAG SALUTE Vice Mayor Jon Sinex led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor Jon Sinex, Vice Mayor Doug Bonebrake, Councilor Wayne Guevara, Councilor Bryan Stovall, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager Julie Lombardi, City Attorney ITEM 5. OATH OF OFFICE FOR WARD t COUNCILOR BRYAN STOVALL AND WARD 2 COUNCILOR STEPHEN CATAUDELLA City Attorney Julie Lombardi administered the oath of office to Bryan Stovall, newly elected Councilor for Ward 1, and Stephen Cataudella, re- elected incumbent Councilor for Ward 2. i Owasso City Council ITEM 6. ELECTION OF MAYOR May 5, 2009 Mayor Cataudella called for a nomination for the position of Mayor. Councilor Bonebrake nominated Steve Cataudella. Councilor Guevara seconded the nomination. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. ITEM 7. ELECTION OF VICE MAYOR Mayor Cataudella called for a nomination for the position of Vice Mayor. Vice Mayor Jon Sinex nominated Doug Bonebrake. Mayor Cataudella seconded the nomination. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. ITEM 8. PRESENTATION OF CHARACTER TRAIT OF THE MONTH Dr. Heather Van Wylie, a member of the Character Council, presented to the Council "Honor," the Character Trait of the Month for May, 2009. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the April 21, 2009 Regular Meeting. B. Approval of Claims. C. Approval, and authorization for payment of a court ordered workers' compensation settlement in the total amount of $108,375 of which $6,069 shall be paid in a lump sum to Dennis Thompson, $21,675 shall be paid to Attorney Victor Owens, and the remaining $80,631 shall be paid in weekly payments of $289 to Dennis Thompson for 279 weeks. D. Action relating to Council authorization to give notice, equalization, and levy of assessments against properties within the Tulsa County Sewer Improvement District No. 6 (Pleasant View Estates Addition) sufficient to pay the interest, principal, and reserve due: on the outstanding indebtedness represented by the District Bonds; and, authorize payment of principal and interest to the bondholders. 2 Owasso City Council May 5, 2009 Mr. Sinex moved, seconded by Mr. Bonebrake, to approve the Consent Agenda with claims totaling $220,181.11. Also included for review were the healthcare self-insurance claims report and payroll payment report for pay period 4/25/09. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE WORKERS' COMPENSATION SELF - INSURANCE FUND Ms. Dempster presented the item, recommending Council approval of a supplemental appropriation to the Workers' Compensation Self-Insurance Fund increasing the appropriation for expenditures by $108,375. Mr. Bonebrake moved, seconded by Mr. Sinex, for Council approval of a supplemental appropriation to the Workers' Compensation Fund, as recommended. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 09- 01, CONTAINING APPROXIMATELY 21 ACRES LOCATED NEAR THE SOUTHEAST CORNER OF NORTH 145"" EAST AVENUE AND EAST 106""{ STREET NORTH Ms. Damaby presented the item, recommending Council approval of annexation request OA- 09-01. Citizens addressing the Council regarding issues pertaining to landowner notification and drainage were Paula Hamlin, Dutch Harbert, Tommy Rodriguez, Charlie Brown and Paul Pennekamp. 3 olvasso City Council May 5, 2009 After Council discussion regarding the delay in notifying Rogers County landowners of the request for annexation, Mr. Bonebrake entered a motion to refer this item back to the Planning Commission to start annexation process again. The motion was seconded by Mr. Sinex. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2009 -04, A RESOLUTION DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE IiELD ON MAY 18, 2009 IN LITIGATION STYLED TABITHA SPARKS V. CITY OF OWASSO, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE Ms. Lombardi presented the item, recommending Council adoption of Resolution No. 2009 -04. Mr. Bonebrake moved, seconded by Mr. Guevara; for Council adoption of Resolution No. 2009- 04, as recommended. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2009 -05, A RESOLUTION DESIGNATING THE CITY MANAGER AS THE SETTLEMENT REPRESENTATIVE FOR THE SETTLEMENT CONFERENCE TO BE HELD ON JUNE 1.1, 2009 IN LITIGATION STYLED JEANETTE FRANGER V. CITY OF OWASSO H D PITT AND TRACY TOWNSEND, AND ADDITIONALLY GRANTING FULL AND FINAL SETTLEMENT AUTHORITY IN THIS ACTION TO THE CITY MANAGER FOR PURPOSES OF THE SETTLEMENT CONFERENCE Ms. Lombardi presented the item, recommending Council adoption of Resolution No. 2009 -05. Mr. Sinex moved, seconded by Mr. Guevara, for Council adoption of Resolution No. 2009 -05, as recommended. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Owasso City Council May 5, 2009 Motion carried 5 -0. ITEM 15. REPORX FROM CITY MANAGER Mr. Ray acknowledged volunteer members of various city commissions who were in the audience. Mr. Ray also expressed his appreciation to the Owasso Police Department, the City Attorney and City Council for choosing to aggressively defend the recent lawsuit that was settled in the City's favor. ITEM 16. REPORT FROM CITY ATTORNEY No report ITEM 17. REPORT FROM CITY COUNCILORS Mr. Bonebrake asked if the City experienced any problems during the recent heavy rains. Mr. Rooney reported that, due to the large amount of rain received in a short amount of time, there were several rural areas and several streets that were temporarily closed due to flooding. He was pleased that past areas of concern in Silver Creek and The Fairways did not report any flooding. ITEM 18. NEW BUSINESS None ITEM 19. ADJOURNMENT Mr. Bonebrake moved, seconded by Mr. Sinex, to adjourn, YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0 and the meeting was adjourned at 7:29 p.m. Pat Fry, Minute Clerk - 5 teplC`ataucTella, Mayor