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HomeMy WebLinkAbout2007.06.11_Planning Commission AgendaRecord Copy OWA550 PLANNING COMMISSION GxtY OF 0Wgss0 O < i 1 ` \4 OF THE �RPi June 1 1, 2007 G:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING TYPE OF MEETING: Regular DATE: June 11, 2007 TIME: 6:00 PM PLACE: Old Central 109 North Birch NOTICE FILED BY: Chip McCulley TITLE: City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 9:00 AM on June 1, 2007 l� Chip M ulley, City Planner OWASSO PLANNING COMMISSION Monday, June 11, 2007 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the May 7, 2007 Regular Meeting. 4. Preliminary Plat — Aravon— A request to review and approve a preliminary plat proposing 93 residential lots, on approximately 30.28 acres of property zoned RS -3 (Residential Single Family), located south of East 106'b Street North just north of Sawgrass H. 5. Final Plat — Smith Farm Marketplace III— A request to review and approve a final plat proposing 5 commercial lots, on approximately 16.47 acres of property zoned CS (Commercial Shopping), located at the southwest corner of East 96'" Street North and North 121 st East Avenue. 6. Report on Monthly Building Permit Activity. 7. Report on Planning Items Previously Forwarded to City Council. 8. Report on Technical Advisory Committee Items 9. Discussion of Development In and Near Owasso. 10. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, June 11, 2007 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Duane Coppick Kevin Vanover Dan Draper (in @ 6:08 pm) Marilyn Hinkle MEMBERS ABSENT David Vines STAFF PRESENT Chip McCulley Marsha Hensley Joe Nurre Rickey Hayes Julie Lombardi The agenda for the regular meeting was posted at the north entrance to City Hall on June 1, 2007 at 9:00 AM. 1. CALL TO ORDER — Duane Coppick called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF MAY 7, 2007 REGULAR MEETING — The May 7, 2007 minutes were not included in the packets. The Commissioners suggested they be reviewed and approved at the July 9, 2007 meeting. 4. Preliminary Plat - Aravon — A request to review and approve a preliminary plat proposing 93 residential lots, on approximately 30.28 acres of property zoned RS -3 (Residential Single Family), located south of East 106`h Street North just north of Sawgrass II. Duane Coppick presented the item and the staff report was reviewed. The surrounding land use and the development process were explained. The applicant is requesting the approval of the plat in order to facilitate 93 residential lots. The development will be served sewer by City of Owasso and water by Washington County Rural Water District #3. The Owasso Technical Advisory Committee reviewed the plat at the May 23, 2007 regular meeting and made the following recommendations: • Indicate a sidewalk along E. 106'h St. No. and the reserve • Show adjacent property owners • Show additional U/E provided by ONG & Cox • Confirm the rural water districts 4" water line location • Show a 20' U/E for Rural Water; include standard utility provider language in plat covenants Duane Coppick moved to approve the preliminary plat subject to the above TAC and Staff recommendations. Kevin Vanover seconded the motion. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION June 11, 2007 Page No. 2 Duane Coppick - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion was approved 3 -0. 5. Final Plat - Smith Farm Marketplace III - A request to review and approve a final plat proposing 5 commercial lots, on approximately 16.47 acres of property zoned CS (Commercial Shopping), located at the southwest corner of East 96h Street North and North 121" East Avenue. Duane Coppick presented the item. The applicant requested this item to be tabled until the July 9, 2007 meeting. Duane Coppick moved to table this item. The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Duane Coppick - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion was approved 3 -0. 6. Report on Monthly Building Permits Activity. 7. Report on Planning Items Previously Forwarded to City Council. 8. Report on Technical Advisory Committee Items - Commissioner Vanover briefly discussed the site plans that were reviewed by the Technical Advisory Committee. 9. Discussion of Development In and Near Owasso 10. Adjournment - Duane Coppick moved, Marilyn Hinkle seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Dan Draper - Yes Duane Coppick - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion carried 4 -0 and the meeting was adjourned at 6:25 PM. OWASSO PLANNING COMMISSION June 11, 2007 Page No. 3 Chairperson Vice Chairperson Date MEMORANDUM TO: PLANNING CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA- 07 -03) DATE: July 2, 2007 BACKGROUND The City of Owasso has received a request from the Crown Colony HOA, applicant(s) /owner(s), for the annexation of their subdivision containing approximately 13.72 acres, more or less. LOCATION The property is located 1/4 mile east of 129'h E. Ave. on the south side of 7e Street North. EXISTING LAND USE Single Family Residential SURROUNDING LAND USE North: Rural Residential West: Rural Residential South: Vacant East: Rural Residential RS (Residential Single Family District) — Tulsa County ANNEXATION REVIEW PROCESS The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation to the Owasso Planning Commission. The Owasso Planning Commission holds a. public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS The purpose of the applicant's annexation request is to bring the subdivision into and be served by the City of Owasso. The subdivision consisting of 46 residential lots is complete and if approved will be brought into the city with a residential zoning designation to be in compliance with the Owasso Zoning Code. Annexation of Crown Colony will not require extension of any city infrastructure other than trash pick -up service. The property is already served by the City of Owasso sewer and Rogers County water. Before the city publishes and mails public notice of the City Council's hearing, the city will prepare a plan to extend municipal services including, but not limited to, water, sewer, fire protection, law enforcement and the cost of such services appropriate to the proposed annexed territory. This annexation service plan will be made a part of the city's capital improvements plan. The annexation request and single family residential development is consistent with the Owasso 2015 Land Use Master Plan which calls for residential development on and near the site. Staff published legal notice of the annexation petition in the Owasso Reporter. Staff has received no phone calls or correspondence in opposition of the request. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request at its meeting on June 27, 2007. At that meeting, the committee unanimously recommended approval of the annexation. RECOMMENDATION Staff recommends approval of the Crown Colony request for annexation. ATTACHMENTS: 1. General Area Map 2. Applicants Annexation Petition rage 1 of 1 Wiles, Eric From: Scott Effner [seffner @cox.net] Sent: Monday, June 04, 2007 9:41 AM To: Wiles, Eric; Hayes, Rickey Cc: 'Robert Villines'; 'Kathy Short'; 'Lori Honeycutt'; 'Lori Tesson' Subject: City of Owasso Annexation Request - Crown Colony Subdivision City of Owasso: Recently, the Crown Colony subdivision located east of N 129v' East Ave off E. 76v' St. North held a homeowners association meeting and as part of that meeting, the attending members unanimously voted to have their Board of Directors request that the city of Owasso consider us for annexation into the city. That said, please consider this email an official request for the city of Owasso's annexation of Crown Colony. Should you need something more formal or have any questions /concerns regarding our request, please do let us know. This is an exciting time for us, and we look forward to becoming an official part of the City of Owasso. Best regards, Scott Effner President, Crown Colony Association PO Box 164 Owasso, OK 74055 (91 S) 272 -1130 No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.472 / Virus Database: 269.8.5/826 - Release Date: 5/31/2007 4:51 PM 6/11/2007 MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CrI Y PLANNER SUBJECT: LOT TIE 07 -03 DATE: July 2, 2007 BACKGROUND The City of Owasso has received request to review and approve a lot tie of two lots. The applicant is proposing the combination of two tracts of property located at 2401 North Birch. EXISTING LAND USE Residential SURROUNDING LAND USE The subject property is located in a surrounded by Ator Heights subdivision PRESENT ZONING Residential DEVELOPMENT PROCESS: The second step in the development of a piece of property in Owasso is land subdivision. Besides land subdividing, the other steps in the development process include rezoning, platting, and site planning. ANALYSIS: As stated above, the request is for the approval of a lot tie of two tracts of property. The applicant is proposing the combination Lots 13 and 14, Block 3, Ator Heights IV. Any expansion or new structure will be required to follow the guidelines set forth by the Owasso zoning code and will require a residential building permit. RECOMMENDATION: The staff recommends approval of the Lot Tie. ATTACHMENTS 1. Case map 2. Legal descriptions of proposed tracts E 92 E95 PLN z J J m F 95 STN m E ST N Owasso Commwmity Development Department Lot Lie 111 N. Main St. Owasso, OK 74055 07 -03 918.376.1500 918.376.1597 .vww. city ofowasso. com Legal Description for Lot 13 Ator Heights Fourth Addition City of Owasso, Tulsa County, Ok. According to Plat No. 3631. Beginning at NW /Corner of Lot 13, Block 3 of Ator Heights Fourth, Thence S 89-55'12E and along the North line of Lot 13 a distance of 255.01 feet to the NE /Corner of lot 13: Thence S 3243'41 "W and along the East line of lot 13 a distance 101.06 feet to the SE /Corner of lot 13: Thence due West and along the South line of lot 13 189.26 feet to the SW /Comer of lot 13: Thence along a curve to the right having a radius of 329.79 feet, a delta of 15- an a length of curve of 86.34 feet to the NW /Corner of said lot 13, Block 3, Ator Heights Fourth and the point of beginning. . Legal Description for Lot 14 Ator Heights Fourth Addition City of Owasso, Tulsa County, Ok. According to Plat No. 3631. Beginning at NW /Corner of Lot 14, Block 3 of Ator Heights Fourth, Thence due East and along the North line lot 14 189.26 feet to the NW /Corner of lot 14: Thence S 35-02'17" W and along the East line of lot 14, Block 3 a distance of 80.09 feet to the SE /Corner of lot 14; Thence S 50-28'15"W and along the South line lot a distance of 133.47 feet to the SW /Corner of lot 14; Thence N 15 -W and along the West line of lot 14 a distance of 155.84 feet to the NW /Corner of said lot 14, Block 3, Ator Heights Fourth and the point of beginning. J411 IV V/ V. ILm J:, llwlmlAwll a1VVOY•VVVV ts,V h tti W 4r O V W O O tit �LLJ (3" Pz GpdzT uOC.7:. L V C � C � n Q? Qj t, � = � 4 u rt. - CC1 �02�gGZ ZZ.I K�tq J az OCR VZ�IU \L5 �I kjZ L OW L44 Ln OZCn klf�cn+�tiW�<LC�''� _j Lt- L4J WCI< Q) n QIU�JZW�v ahUj �z :Z ^�Q�SCpt'G UCl 4t t2- °it'�N o2 C* L� V � s kzK2Z t`✓ vti� WLJ41j G N (Q� Wyy r�^ 4yi r3 r) ; LO Qa-aQ �C M17 V i �n b� z - tir�CQ q; Jun 18 07 08:12a A Oonelson 918.394.30:30 p.'l_ v ..r r "° MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PRELEMNARY PLAT CROWN COLONY H DATE: July 2, 2007 BACKGROUND: The staff has received a request to approve a preliminary plat for Crown Colony II, a proposed residential subdivision containing 141 lots on 38.93 acres. The property is located on the south side of East 7e Street North, approximately 1/2 mile east of North 129,` East Avenue, just southeast of Crown Colony. The preliminary plat for the development is attached with this memorandum. The property is approximately 39 acres in size and is zoned RS -3 Single - family Residential, with about 20 acres included in the Crown Colony II Planned Unit Development. The subject property is undeveloped. Graceland Acres is a residential subdivision located north of East 70 Street North, and Prairie View Acres lies east of the property. Crown Colony is situated across Elm Creek to the west. DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots, while preliminary plats are not required for one -lot subdivisions. Plats illustrate the development concept for the property, and are often modified after being reviewed by the Technical Advisory Committee (TAC) and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the platting stage and must be remedied prior to development. After the plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. 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. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate a residential development on the subject property. According to the City of Owasso Zoning Code and the Crown Colony H PUD, single- family houses are allowed in the development. Bulk and area requirements have been met as have access requirements. Water will be provided by Rogers County Rural Water District #3. The storm siren fee of $16 per acre will be required at the time the final plat is approved by the City Council. The Technical Advisory Committee reviewed the preliminary plat at their June 27h meeting. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The TAC's comments are listed as follows: 1. Street names should be changed as follows: A. Elm Place — East 73` Street North B. Hickory Street — East 74th Street North C. Oak and Maple Street — North 13e East Avenue D. Pine Street —North 137"' East Avenue 2. Final plat should be accompanied by a drainage report 3. Final plat should include a corrected legal description 4. Final plat should include block numbers in bold 5. PSO would like to work with the developer to determine who the electric provider will be RECODIWNDATION: The staff recommends Planning Commission approval of the Crown Colony H preliminary plat. ATTACHMENT: Preliminary Plat MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: PRELIlVHNARY PLAT (Keys Landing - Il) DATE: July 2, 2007 BACKGROUND: The City of Owasso has received an application to review and approve a preliminary plat proposing 96 residential lots on 37.86 acres located approximately '/2 mile north of East 66th Street North, just south of Keys Landing I. A general area map is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Keys Landing IBaptist Retirement Village South: Agriculture East: Agriculture West: Agriculture PRESENT ZONING: RS -3 (Residential Single - Family) RESIDENTIAL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning, and platting. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. 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. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 96 residential lots, on approximately 37.86 acres of property zoned RS -3 (Residential Single - Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS -3. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The development will be served by City of Owasso sewer and water. The Preliminary Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. TECHNICAL ADVISORY COMMTTTER: The Owasso Technical Advisory Committee reviewed the preliminary plat at the July 27, 2007 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory made the following recommendations: 1. Applicant must show topography on Final Plat 2. Applicant must pad elevations on Lots 1 thru 5 and 6 thru 10, Block 2 and Lots 1 thru 14, Block 3. 3. Applicant must indicate the drainage area as an easement or a reserve area. 4. Applicant needs to show the reserve off of 129th East Ave as a utility easement 5. Applicant must show street names on the Final Plat These modifications will appear in the final plat for the development. Infrastructure plans that govern drainage, detention, streets, erosion control, water, and wastewater will be reviewed concurrently by the City Engineer's office. RECOMMENDATION: Staff recommends approval of Keys Landing H Preliminary Plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Preliminary Plat Owasso community Development Department 1 Main Owaa ssoo, , OK 7400 55 preliminary Plat 918.376.1500 918.376.1597 Keys Landing II www.cityofowasso.com i►i A tl�ryF" d.n s- K � Y v's4� FYI Pu: P ay° onueny Jse3 4J6Zle 4J +eN (P�3` tlf4 / u OvOtl Il]Nm`xitloN W — 'u L I 1 r.e L y yXIII4 o l I 4;z Y � A I� n� tll =ss F"� a'; e " s I ",x 'tl •6� n ezpr 3yP5y[ • ?�3 tl6i yay°P i[� Y ' ±� 91- tl iY.F P.9 n. M, s I I^ ,: V � � t • ;; ES ear M° MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: PRELIMINARY PLAT (Lake Valley H Amended) DATE: July 2, 2007 BACKGROUND Tulsa Engineering and Planning has submitted an application to the Planning Commission for approval of a preliminary plat for Lake Valley II amended. The applicant wishes to create eight residential lots on 1.9 acres located within the northwest corner of Lake Valley II, east of North 145th East Avenue and approximately 1/2 mile north of North 106th Street North. EXISTING LAND USE Developing as Lake Valley II SURROUNDING LAND USE North: Undeveloped/Agricultural South: Undeveloped East: Undeveloped West: Developing as Lake Valley Estates The Coffee Creek development area is located to the southwest and the Chelsea Park residential subdivision is located just to the northwest. PRESENT ZONING RS- 3 /OPUD 01 -03 Lake Valley (Residential District) DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. 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. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS The applicant is requesting the review and approval of the Lake Valley II amended preliminary plat so that they may plat and eventually develop the current development and the newly aquired property to the north with single family homes. The property is zoned OPUD 01 -03 with an underlying zoning designation of RS -3 (Residential Single Family District). The PUD outlines the development standards for the property in a residential manner. The proposed layout for residential uses in the plat is allowed by right according to the zoning designation and is consistent with the approved Planned Unit Development. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the June 29, 2005 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1. Applicant must show topography 2. Applicant needs to check traverse 3. Applicant must show existing fire hydrants 4. Applicant must show the required setbacks in the covenants as per the PUD Staff recommends approval of the Lake Valley II amended preliminary plat subject to the above conditions. ATTACHMENTS 1. Case map 2. Site drawing submitted by applicant COFFEE CREEK Owasso Community Development Department 111 N. 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Bg fP� §' §� P %� $� s3s� a s$ 5 2 ss g §Y o s [[. ..� a $gaa a¢ 6 in $° Ell wga fl" �fia 6a '_e �� IN a fig§ ! 3B$ ae� $��$ € IQ �.$ E gE :s A $ §;s E'$ a PaC 6aa = $ qs €,P eg.rt$gu 3 iA'1111211 a §e� ' @� f s 3 y^� §� �¢¢g" @ €Fa o 6 a "s $_ €dig° ill"" ' � ggPgFe l 1it�g $'? 11 IN 111 11.$'38` 3 €$hs P $'I 1 Eeaa 11541$ 1a�L1 §a & I IFS ►k R oI 1U TO: PLANNING COMMISSION FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: PRELIMINARY PLAT (Tyann Plaza X) DATE: July 2, 2007 Kellogg Engineering has submitted a request to review and approve a preliminary plat proposing ten commercial and office lots on 13.69 acres located on the east side of the Owasso Expressway, just north of the Three Lakes III addition. A general area map is attached. EXISTING LAND USE: Existing property is undeveloped. SURROUNDING LAND USE: North: Developing as Southern Agriculture, Aldi, & All American Fitness South: Three Lakes subdivision East: Smith Elementary School West: Owasso Expressway, Smith Farm Marketplace PRESENT ZONING: CS (Commercial Shopping District) & OM (Office Medium) DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. 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. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 10 commercial and office lots on 13.69 acres. The Preliminary Plat meets all Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for commercial development. In a regional content, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for commercial development. Already, there is an emerging pattern of commercial uses occurring in the general area. TECBMCAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the preliminary plat at the June 27, 2007 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1. Applicant must show topography on Final Plat 2. Applicant must include street names on the Final Plat 3. The applicant must indicate a 20' setback on the south border of lots 7 & 8 Staff recommends approval of the Tyann Plaza X Preliminary Plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Site Drawing F&M .....X MMR E. 6th ST. N � Owasso community Development Department 111 N. Main 5t. 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CaY.1 K a.r li @jzx 33ifi�ii49 f C y az 1 4 z 6! •�` a �:fftY 39 a ka x dS r ae IIYe 6 n! ! a ¢. r �. xg S aai F9 K-igfP9 aY ! ! x id f tft 39 i z77 ! i,• � q$ a!• "�s!'aaY�Yat.ge.d l :: �•r.s4,a .3 ,iBii "f afx ,s!l.tdeK: .zs. .�elftli �3!� MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Smith Farm Marketplace III) DATE: July 2, 2007 The City of Owasso has received a request to review and approve a final plat proposing 5 commercial lots, on approximately 16 acres of property zoned CS (Commercial Shopping) located at the southwest comer of East 96a` Street North and North 129th East Avenue. A general area map is attached. EXISTING LAND USE Oklahoma Natural Gas North: Owasso Market South: Smith Farm Marketplace East: RCB Center West: Undeveloped CS (Commercial Shopping District) The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. 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. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 16 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. The Final Plat meets all Owasso Zoning Code Bulls and Area requirements. The lot and block specifications established in the plat layout are adequate for commercial development. Currently the site is occupied by Oklahoma Natural Gas. If approved, the Oklahoma Natural Gas will be relocating to the Cherokee Industrial Park to make way for the proposed development. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for commercial development. Already, there is an emerging pattern of commercial uses occurring in the general area. TECHNICAL ADVISORY COMNIITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the June 27, 2007 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and /or concerns. The following TAC recommendation was addressed: • Provide dedication language for the small portion of the property that is proposed to be dedicated as a part of North 121` East Avenue. RECOMMENDATION: Staff recommends approval of the Smith Farm Marketplace III Final Plat subject to the above condition. ATTACHMENTS: 1. Case Map 2. Final Plat Subject Property 1 _► Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com LOWES Tab Tin Ghik I FSM File! BANK WAL -MART Em 96th ST. N Final Plat Smith Farm Marketplace III �/ I a R Sgo = Odn� ,mss rnN�mg� oct. �p Bp�� ^i2 S 3 o fit Q dy U4 EE $ EE YL IY .bst,lsss 6 if T r<a 11(p -------- o.00am ____--- � .Nm .Nm � w C5 g o rn --- h _ O NF °e W I ________3.0_OOAJS ___1, §' rn � >, �$ CC� rod'• IF�' hl �x m Egm I IyIs ,N 59 sm — Y .sl,zO Y mYR S .a= x _ m.n p'c &N nn�o�aN ?aC 6 gI I iz- r< o Sagm"yj oWi ,i I u �oomJ w a .os,Pom e SS° I IR l ,u 31 TO: PLANNING COMMLSSION CTTY OF OWASSO FROM: ERIC WILES COMMUNLTY DEVELOPMENT DIRECTOR SUBJECT: UNHUD SIGN PLAN — SMITH FARM MARKETPLACE III DATE: July 26, 2007 BACKGROUND: The City of Owasso has received a request from Pritchard Associates, Inc. for the review and approval of a Unified Sign Plan (USP) for the Smith Farm Marketplace III development. The USP proposes a total of five signs situated in various places around the addition, one existing sign and four new signs. LOCATION: The sulect property is sixteen acres in size and is located at the southwest comer of the intersection of East 96 Street North and North 121'` East Avenue. Oklahoma Natural Gas is currently located on the site. Commercial developments are situated to the north east, and south of the property, and the land to the west, while currently zoned AG Agricultural, is designated for future commercial land use by the Owasso Master Plan. UNHMD SIGN PLAN REVIEW PROCESS: A unified sign plan (USP) is an application requesting approval of a comprehensive sign permit establishing the size, location and design of signage on property being developed as a unit. The purpose of a USP is to provide for the establishment of signage criteria that is tailored to a specific development or location and which may vary from the provisions of the zoning Code. The USP review process is initiated when a property owner submits an application to the City of Owasso requesting the review and approval of the comprehensive sign permit. The application is accompanied by the $750 application fee, sign plan, and construction plans (if any). Upon receipt of the application, the staff reviews the proposal for compliance with the zoning Code. The proposed sign plan is then presented to the Technical Advisory Committee (TAC) for review and recommendation. At that meeting, utility providers and municipal staff are afforded the opportunity to comment on the technical aspects of the development proposal, The TAC then forwards a recommendation to the Planning Commission. The Planning Commission holds a public hearing to determine if the application is compliant with the provisions of the zoning code, and then approves or denies the sign plan. ANALYSIS: The applicant is requesting approval of a unified sign plan to allow for the display of up to five ground signs on the site of Smith Farm Marketplace III. The USP proposes the following signs: • "Sign #1" — One proposed double faced pole sign 35' in height and 11' wide with 121112 of display area. The sign is proposed in order to provide the development's anchor tenant with a display along the south side of the adjacent arterial, East 96" Street North. • "Sign #2" — One existing double faced pole sign 30' in height and 16' wide with 288112 of display area. The sign, currently advertising the existing Best Buy retail user, will provide additional display for three future users of Smith Farm Marketplace III. • "Sign #3" —Two proposed double faced monument signs 6' in height and 10' wide with 60ft2 of display area. The two signs, one proposed on 96h Street and the other proposed on 121" East Avenue, are to be located at secondary entrances into the development. The architectural quality of the signs will match that of the proposed buildings. • "Sign #4" —One proposed double faced monument sign Win height and 15' wide with 150ft2 of display area The sign, to be located at the southeastern entrance into the development on 121'` East Avenue, will provide advertising display for six tenants within the development. All of the proposed sign locations are along existing roadways, and to ensure that the signs pose no conflict with the technical aspects of the site's development, the application was reviewed by the TAC. At the TAC meeting, no requirements were received from the any utility companies. The unified sign plan includes the location, size, height, construction materials, type of illumination, and orientation of A the proposed signs. The unified sign plan does not address wall signs specifically because of the nature of the development. The shopping center will have multiple tenants, and each tenant or lot owner will have their unique signage requests. Such variation would be difficult to determine and illustrate in a sign plan. Each building and/or tenant space will be required to obtain individual permits for wall signs. One of the intentions of the unified signage provisions in the zoning code is that signage display area be generally kept to not appreciably more than three square feet of signage per every one linear foot of street frontage of the subject property. The total square footage of the signage requested in the unified sign plan is 679ft2, while the development contains more than 700 linear feet of street frontage. Therefore, the staff finds that the amount of signage requested by the USP is reasonable. The staff does recommend one modification to the unified sign plan — changing the height of the proposed "Sign #1" from 35' to 301. When the original Smith Farm Marketplace development was proposed, a USP for that development was approved that allowed three major entrance signs for the development in order to provide maximum visibility for traffic at the center's primary intersections along North Garnett Road and East 96'" Street North, and a third sign along the Owasso Expressway. That visibility has now been established. The proposed "Sign #1" is not located at a major intersection; the "Sign #2" already exists at the intersection of East 96h Street North and North 121" East Avenue and will serve to provide visibility for the development to traffic along 96's Street as it comes from the Owasso Expressway. RECOMMENDATION: The staff recommends approval of the Unified Sign Plan for Smith Farm Marketplace III with the condition that the height for the proposed "Sign #1" be changed from 35' to 30'. ATTACMWNTS: 1. Case Map 2. Unified Sign Plan Subject Property 1 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com FIB LOWES Tab Tin Chik I F&M Faat BANK i Ll l HAmt li E. 96th ST, N Unified Sign Plan Smith Farm Marketplace III 10 N MEMORANDUM TO: PLANNING COMM CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: PRELEMI NARY PLAT (Aravon) DATE: June 4, 2007 BACKGROUND: The City of Owasso has received an application to review and approve the preliminary plat for Aravon. The applicant is proposing 93 residential lots, on approximately 30.28 acres of property zoned RS -3 (Residential Single - Family), located south of East 106th Street North just north of Sawgrass II. A general area map is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Large Lot Residential South: Sawgrass H East: Large Lot Residential West: Large Lot Residential PRESENT ZONING: RS -3 (Residential Single - Family) RESIDENTIAL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning, and platting. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. 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. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 93 residential lots, on approximately 30.28 acres of property zoned RS -3 (Residential Single - Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS -3. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The development will be served sewer by City of Owasso and water by Washington County Rural Water District #3. The Preliminary Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. TECIMCAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the preliminary plat at the May 23, 2007 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory made the following recommendations: • Indicate a sidewalk along E. 106'h St. No. and the reserve • Show adjacent property owners • Show additional U/E's provided by ONG & Cox • Confirm the rural water districts 4" water line location • Show a 20' U/E for Rural Water; include standard utility provider language in plat covenants These modifications will appear in the final plat for the development. Infrastructure plans that govern drainage, detention, streets, erosion control, water, and wastewater will be reviewed concurrently by the City Engineer's office. RECOMMENDATION: Staff recommends approval of Aravon Preliminary Plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Preliminary Plat Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 ww.cityofowasso.com Preliminary Plat Aravon M:1 Luau ssvu wrti w�ox� <3 i yjjoral ulaNO wwQ 2Eli :� f na.Li ,I tj p oQrY 3AYAM Y v h i� �Otp�^' t «a..v 3+NID N �ZJY". TW2 e• I �`n r• e Y O _� (L 3� gl I �E t w a` n�>MY3YpJ N- t !1 \ZZ 5 giF LG Iy5 a Y' T. j I A • —¢ l A.I OLL-- m °mas +• H m 7a s � eE MY 3imN �T l.'r.Y 3WQf NY t � 4 : A a as'2A a AV5 s Ail 7 E MM Ell ME 0 akka b# m.3�G :. Fay, ! E e� 1 ;_ S•y9 tvq „le "pS� E � �6Rr `a �a, �: R ,.S o 91n Ji�iaiF .oirt i� 0g�'_ F ii Q• I I � I I mg�;� E�� �• �Q �� fE�� �;� �_ �9G�EG�000E����E66�EG @CEO G ASHHURST - DEED OF DEDICATION: RESTRICTIONS STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) DEED OF DEDICATION Bailey Ranch Investment Group, L.L.C., an Oklahoma limited liability company (the "Developer "), being the sole owner of the following described real estate situated in the City of Owasso (the "City "), Tulsa County, Oklahoma: LEGAL DESCRIPTION PREPARED BY SURVEYOR: THE PROPERTY DESCRIBED AS FOLLOWS IS THE SAME AS THE PROPERTY DESCRIBED IN THE GENERAL WARRANTY DEED, FILED 07/21/03 AND RECORDED IN THE OFFICE OF THE TULSA COUNTY CLERK IN BOOK 7072, PAGES 2269 -2276. A TRACT OF LAND LOCATED IN THE NE /4 OF THE NW /4 AND IN THE NW /4 OF THE NE /4 OF SECTION 17, T -21 -N, R -14 -E OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE OFFICIAL U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SECTION 17, T -21 -N, R -14 -E OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA; THENCE N 89 °59 "59" E ALONG THE NORTH LINE OF THE NE /4 OF SECTION 17 A DISTANCE OF 330.52 FEET TO THE NORTHEAST CORNER OF THE W/2 OF THE W/2 OF THE NW 14 OF THE NE /4 OF SECTION 17; THENCE S 00 °01'11" W ALONG THE EAST LINE OF THE W/2 OF THE W/2 OF THE NW /4 OF THE NE /4 OF SECTION 17 A DISTANCE OF 1323.15 FEET TO THE SOUTHEAST CORNER OF THE W/2 OF THE W/2 OF THE NW /4 OF THE NE /4 OF SECTION 17; THENCE N 89 °59'27" W ALONG THE SOUTH LINE OF THE NW /4 OF THE NE /4 OF SECTION 17 A DISTANCE OF 330.72 FEET TO THE SOUTHWEST CORNER OF THE NW /4 OF THE NE /4 OF SECTION 17; THENCE N 89 °59'27" W ALONG THE SOUTH LINE OF THE NE /4 OF THE NW /4 OF SECTION 17 A DISTANCE OF 1140.00 FEET; THENCE N 00 °01'43" E PARALLEL WITH AND 1140.00 FEET MEASURED PERPENDICULARLY FROM THE EAST LINE OF THE NE /4 OF THE NW /4 OF SECTION 17 A DISTANCE OF 772.91 FEET; THENCE N 89'59'59" E PARALLEL WITH AND 550.00 FEET MEASURED PERPENDICULARLY FROM THE NORTH LINE OF THE NE /4 OF THE NW /4 OF SECTION 17 A DISTANCE OF 1140.00 FEET TO THE EAST LINE OF THE NE /4 OF THE NW /4 OF SECTION 17; THENCE N 00 °01'43" E ALONG THE EAST LINE OF THE NE /4 OF THE NW /4 OF SECTION 17 A DISTANCE OF 550.00 FEET TO THE "POINT OF BEGINNING ". SAID TRACT CONTAINS 1,318,672 SQUARE FEET OR 30.2725 ACRES. has caused the same to be engineered, surveyed, staked and platted into tots, blocks, streets and reserve areas in conformity to the accompanying plat and survey thereof, which plat is made a part hereof (the "Plat "), and has caused the same to be named Ashhurst an Addition to the City of Owasso, Tulsa County, State of Oklahoma (the "Addition "). I . Public Streets and Utility Easements. The Developer dedicates to the public, for public use forever, the easements and rights -of -way as shown on the Plat for the several purposes of constructing, maintaining, operating, repairing and replacing any and all streets and public utilities, including but not limited to, storm sewer drainage, communication lines, electric power lines, cable television lines, transformers, pedestals, gas and water lines, together with all fittings and equipment for each such facility and any other appurtenances thereto, with the right of ingress and egress to and upon said easements and rights -of -way for the uses and purposes thereof. CERTAIN RESTRICTIONS 2. Underground and Electric and Communication Service. In connection with the installation of underground electric, telephone, communication and cable television services, all Lots are subject to the following: A. Overhead pole lines for the supply of electric service, telephone, communication and cable television service may only be located along the North, East and South perimeter property lines of the Addition. Street light poles or standards may be served by underground cable, and elsewhere throughout the Addition, all supply lines shall be located underground in the easement ways reserved for general utilities and streets shown on the plat. Service pedestals and transformers as sources of supply at secondary voltages, may be also located in such easement ways. B. Except to houses and structures on Lots adjacent to overhead lines as described in subparagraph (A) above, which may be served from overhead electric service lines, telephone lines and cable television cables, underground service cables to all houses which may be located on all Lots in said Addition may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of such house as may be located upon each said Lot; provided that upon the installation of such a service cable to a particular house, the supplier of electric service, telephone, communication or cable television service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right -of -way easement on each Lot covering a five foot (5.0') strip extending Two and One -half feet (2.5') on each side of such service cable extending from the service pedestal or transformer to the service entrance on said house. ra C. The supplier of electric, telephone, communication and cable television service, through its proper agents and employees, shall at all times have the right of access to all such easement ways shown on the plat or provided for in this Dedication for the purposes of installing, maintaining, removing, or replacing any portion of said underground electric, telephone, communication or cable television so installed by it. D. The Owner of each Lot shall be responsible for the protection of the underground electric, telephone, communication and cable television facilities located on such Owner's property and shall prevent the alteration of grade or any construction activity which may interfere with said electric, telephone, communication or cable television facilities. Such utility company will be responsible for ordinary maintenance of underground electric, telephone, communication or cable television facilities, but the Owner will pay for the damage or relocation of such facilities caused or necessitated by acts of the Owner, its agents or contractors. E. The foregoing covenants concerning underground electric, telephone, communication and cable television facilities shall be enforceable by the supplier of electric, telephone, communication or cable television service, and the Owner of each Lot agrees to be bound thereby. 3. Underground Gas Service. Underground service lines to all homes may be run from the nearest service connection to the point of usage determined by the location and construction of the home; provided, that upon the installation of such a service tine to a home, the supplier of gas service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right -of -way easement on said Lot, covering a five foot (5') strip extending Two and One -half feet (2.5') on each side of such service line, extending from the service connection to the service entrance on the home. All gas meters shall be physically located at or near the service entrance to the home. A. The supplier of gas service, through its proper agents and employees, shall at all times have right of access to all such easement ways shown on the Ptat, or provided for in this Dedication, for the purpose of installing, maintaining, removing or replacing any portion of said underground gas facilities so installed by it. 3 B. The Owner of each Lot shall be responsible for the protection of the underground gas facilities located on its Lot and shall prevent the alteration of grade or any construction activity which may interfere with said gas facilities. The supplier of gas services will be responsible for ordinary maintenance of underground gas facilities, but such Owner will pay for damage or relocation of such facilities caused by acts of such Owner or its agents or contractors. C. The foregoing covenants concerning underground gas facilities shall be enforceable by the supplier of gas service, and the Owner of each Lot agrees to be bound hereby. 4. Water, Sanitary Sewer and Storm Sewer. The Owners of each Lot shall be responsible for the protection of the public water mains and sanitary/storm sewer facilities located on such Owner's Lot and shall prevent the alteration of grade in excess of three feet (3.0') from the original contours or any construction activity which may interfere with said facilities. Said alteration of grade restrictions shall be limited to easement areas. 5. City and Rural Water District. The City of Owasso ( "the City ") or Rural Water District No. 3 - Washington County, as the case may be, shall be responsible for ordinary maintenance of its public sanitary sewer facilities or public water mains, but the Owner of each Lot will pay for damage or relocation of such facilities caused or necessitated by acts of the Owner or his agents or contractors. The City or said Rural Water District shalt have the right of access with its equipment to all easement ways shown on the Plat for installing, maintaining, removing or replacing any portion of its underground water and sewer facilities. The foregoing covenants concerning water and sewer facilities shalt be enforceable by the City or said Rural Water District, and the Owner of each Lot agrees to be bound hereby. b. Landscape and Paving Repair. The Owner of each Lot shall be responsible for the repair and replacement of any landscaping and paving located within the utility easements in the event it is necessary to repair any underground water, sanitary sewer mains, storm sewers, electric, natural gas, telephone, or cable television service. No Lot Owner shall plant any trees or shrubbery in dedicated utility easements or rights -of- way which would potentially endanger, threaten, or harm any utilities located within said easements or rights -of -way. If it is determined that any trees or shrubbery located within said easements or rights -of -way are damaging or endangering utilities in said easements or rights -of -way, the adversely affected utility company shall have the right to remove said trees or shrubbery upon five (5) days notice thereof at the Lot Owner's expense, or within such time the Lot Owner may remove same. 0 7. Developer's Reserved Rights. A. Inclusion in Property Owners Association. There has been created Ashhurst Homeowner's Association, Inc., an Oklahoma not - for - profit corporation (the "Association "). The Owners of Lots in the Addition shall be members of the Association and shall enjoy the rights and responsibilities of membership thereof, including (without limitation) access to all Reserve Areas owned by the Association in the Addition. All as governed by the formative documents of the Association. B. Binding Effect: All lawful acts of the Association made under and pursuant to its Certificate of Incorporation and By -Laws shall be binding upon the Lots contained in the Addition and the Owners thereof, subject to the Developers rights contained in this Deed of Dedication and the Declaration of Covenants, Conditions and Restrictions for Ashhurst to be filed by the Developer and which are incorporated herein by reference. Membership in the Association. shall consist of all Owners of Lots in the Addition and all Owners of such additional property designated by the Developer. C. Assessments: Annual Assessments may be made by the Association on a per Lot basis, all as more fully set forth in the Association governing documents and in the Declaration of Covenants, Conditions and Restrictions for Ashhurst. D. Other Rights: Developer shall have the right and power to execute all documents and do all other acts and things affecting the Addition which Developer determines are necessary or desirable in connection with the rights of Developer under this Deed of Dedication, including the execution and filing of various covenants, conditions and restrictions for the Addition. 8. Reserve Areas. Areas designated on the Plat as Reserve Areas are hereby retained by the Developer for later conveyance to (a) the Association pursuant to a separate agreement containing conditions mutually acceptable to the Developer and the Association, or (b) to third parties in the event the transaction anticipated in such agreement between the Developer and the Association cannot be consummated. The Reserve Areas shalt be used for the purposes of providing green areas, proper visual screening of the Addition from surrounding areas, the construction and maintenance of any screening fence or wall deemed advisable by the Developer, and for such other purposes as may be described in the Declaration of Covenants, Conditions and E Restrictions for Ashhurst or as may be deemed advisable by the Developer and the Association. Certain Reserve Areas and Fence Easements (as described in Paragraph 9 herein) have also been designated as utility easements and may be used as such so long as such utility usage does not materially interfere with the Developer's intended use of such Reserve Areas and /or Fence Easements. 9. Fence Easements. Areas designated on the Plat as Fence Easements are hereby designated by the Developer as perpetual easements for the benefit of the Association for the purpose of providing proper visual screening of the Addition from surrounding areas, and for the construction and maintenance of any signage, fence or wall and for other purposes deemed to be in the common good by Developer and /or the Association. 10. City Requirements. The proposed subdivision shall meet or exceed all requirements of the Owasso Subdivision Regulations and the Owasso Zoning Code. All improvements shall be 1) constructed and accepted by the Owasso City Council, or 2) insured by performance bond naming the City of Owasso co- obligee. IN WITNESS WHEREOF, BAILEY RANCH INVESTMENT GROUP, L.L.C., an Oklahoma limited liability company hereby approves and executes the foregoing Deed of Dedication; Restrictions this _ day of 2007. BAILEY RANCH INVESTMENT GROUP, L.L.C., an Oklahoma Limited Liability Company Pete Kourtis, Manager STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for said County and State, on this day of , 2007, personally appeared Pete Kourtis, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its Manager and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such limited liability company for the uses and purposes therein set forth. Given under my hand and seat of office the day and year last above written. ri Notary Public My Commission Expires: Commission No.: CERTIFICATE OF SURVEYOR I, , a Registered Land Surveyor in the State of Oklahoma, hereby certify that I have surveyed, subdivided and platted the above tract designated as Sawgrass Park II at Bailey Ranch, an addition to the City of Owasso, Tulsa County, State of Oklahoma. To the best of my knowledge, the above plat is an accurate representation of said survey. This Plat of Survey meets the Oklahoma minimum standards for the practice of land surveying as adopted by the Oklahoma State Board of Registration for Professional Engineers and Land Surveyors. Witness my hand and seal this day of , 2007. Surveyor Oklahoma Registered Land Surveyor #. C.A. # , (CA) Expires G CERTIFICATE OF FINAL PLAT APPROVAL I hereby certify that this Plat was approved by the Owasso City Council on this day of 2007. Gary Cochran, Mayor This approval is void if the above signature is not endorsed by the City Clerk. 0 Sherry Bishop, City Clerk CERTIFICATE OF TREASURER I hereby certify that all real estate taxes involved in this plat have been paid as reflected by the current tax rolls. Security as required has been provided in the amount of $ per trust receipt no to be applied to taxes. This certificate is NOT to be construed as payment of taxes in full but is given in order that this plat may be filed on record. taxes may exceed the amount of the security deposit. Dated X Dennis Semler, Tulsa County Treasurer Deputy KA1 1 160\Deed-Dedication.doc 4 MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Smith Farm Marketplace III) DATE: June 4, 2007 BACKGROUND: The City of Owasso has received a request to review and approve a final plat proposing 5 commercial lots, on approximately 16.47 acres of property zoned CS (Commercial Shopping) located at the southwest corner of East 96'" Street North and North 129th East Avenue. A general area map is attached. EXISTING LAND USE Oklahoma Natural Gas SURROUNDING LAND USE North: Owasso Market South: Smith Farm Marketplace East: RCB Center West: Undeveloped PRESENT ZONING: CS (Commercial Shopping District) DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. 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. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 16.47 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. The Final Plat meets all Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for commercial development. Currently the site is occupied by Oklahoma Natural Gas. If approved, the Oklahoma Natural Gas will be relocating to the Cherokee Industrial Park to make way for the proposed development. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for commercial development. Already, there is an emerging pattern of commercial uses occurring in the general area. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the May 23, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and /or concerns. The following TAC recommendation was addressed: Provide an additional U/E provided by PSO Revise the legal description RECOMMENDATION: Staff recommends approval of the Smith Farm Marketplace III Final Plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Final Plat LOWES I WAL -MART Tate Tin �UDRUCKER I F 1 t BANK Subject Property FARMS' / E. 96th ST. N Owasso Community Development Department 111 N. 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