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HomeMy WebLinkAbout2005.06.13_Planning Commission AgendaOWA550 PLANNING COMM155ION e, OX OF OWgss— O � 4 s AID OF THE TRPi JUNE 139 2005 7:00 I'M PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY TITLE: Regular June 13, 2005 7:00 PM Old Central 109 North Birch Chip McCulley City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 2:00 PM on June 2, 2005 Chip McCulley, City Planner OWASSO PLANNING COMMISSION Monday, June 13, 2005 at 7:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the May 9, 2005 Regular Meeting. 4. OA 05 -02 — A request from Mr. and Mrs. Davidson for the annexation of approximately 6.64 acres located south of E. 96a' St. N., between' /4 and'' /z mile west of N. 145a' E. Ave., immediately east of Nottingham Estates. 5. Amendment to Master Plan - A request from Mr. and Mrs. Davidson for the change of land use of approximately 6.64 acres, located south of E. 96' St. N., between' /4 and'h mile west of N. 145i1' E. Ave., immediately east of Nottingham Estates. The applicant is requesting that the 2015 Land Use Master Plan be revised to allow for transitional use for the entire 6.64 acre tract. Currently the property is zoned AG (Tulsa County Agricultural) and is designated for Residential. 6. OZ 05 -03 — A request from Northeast Investments L.L.C, for the rezoning of 27.59 acres to be rezoned from AG (Agriculture District) to CG (Commercial General). The applicant is also requesting that 8.06 acres of property adjacent to the residential property to the south and to the east be rezoned to OM (Office Medium). The property is located east of the Hwy. 169, between E. 9e St M and E. 1015` St. N., North of I" Baptist Church. 7. Final Plat -Ator Center - A request to review and approve a preliminary plat proposing 3 lots, on approximately 9.73 acres of property zoned CG (Commercial General), located on the northwest corner of E. 86's St. N. and Hwy 169. On the east and west side of N. Garnett Rd. 8. Election of Planning Commission Chair- The Planning Commission will nominate and elect a chair for the 2005 -2006 year. The election will be effective in July. 9. Election of Planning Commission Vice Chair- The Planning Commission will nominate and elect a chair for the 2005 -2006 year. The election will be effective in July. 10. Report on Monthly Building Permit Activity, 11. Report on Planning Items Previously Forwarded to City Council. 12. Discussion of Development In and Near Owasso. 13. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, May 16, 2005 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Marilyn Hinkle Dale Prevett — in @ 7:05 PM Kevin Vanover Duane Coppick MEMBERS ABSENT STAFF PRESENT Chip McCulley Eric Wiles Marsha Hensley Rickey Hayes Joe Nurre The agenda for the regular meeting was posted at the north entrance to City Hall on May 3, 2005 at 2:00 PM. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF APRIL 11, 2005 REGULAR MEETING - The Commission reviewed the minutes of April 11, 2005 Regular Meeting, Duane Coppick moved, seconded by Kevin Vanover to approve the minutes. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes Duane Coppick - Yes The motion carried 4 -0. 4. OA 05 -01 — A request from Northeast Investments, L.L.C. for the annexation of approximately 35 acres located east of the Hwy 169, between E. 98a' St N. and E. 10151 St. N., North of 15t Baptist Church. Chairperson Haynes presented the item and Chip McCulley gave the staff report and explained that he will combine this item with Item #5. The development process was explained. At their April 27, 2005 meeting the Owasso Annexation Committee unanimously recommended approval of OA 05 -01. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed. The Owasso Master Plan calls for commercial development on approximately half of the 35 acre tract and residential of the remaining area. Staff recommends approval. Mr. Larry Loffer (13227 E. 106 St. No.) stated concerns regarding the increase of commercial traffic on E. 106' St. No. Ray Haynes moved to approve the annexation request; the motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION May 16, 2005 Page No. 2 Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes Dale Prevett - Yes Duane Coppick - Yes The motion carved 5 -0. 5. Amendment to Master Plan — A request from Northeast Investments, L.L.C. to revise the 2015 Land Use Master Plan to allow for Commercial use for the entire 35 acre tract, located east of the Hwy. 169, between E. 981h St N. and E. 10151 St. N., North of 15` Baptist Church. Currently the western and northern portions of the 35 acres tract adjacent to the service road are planned for commercial development while the remaining acreage is planned for residential development. The Chairperson presented the item. This request is to allow commercial use on the above 35 acres of land. We are not changing the zoning, only the long range master plan. The following are comments from several surrounding property owners: Don Sider — 13813 E 100 St No — He approves of the amendment. He would rather see commercial development that apartments or duplexes. David Geer — 9856 N 136 E Ave — Opposes the annexation. The quality of life will not be the same; it will destroy animal life in the area. Also had concerns with the creation of additional traffic. Don Smith — Mr. Smith could not attend; David Geer read a letter from Mr. Smith stating that he opposes the development. Page Cole — 15L Baptist Church — He expressed storm water runoff concerns along with concerns regarding the increase in traffic on the service road. Opposes any sale of alcoholic beverages on the proposed commercial development. Kirk Ocobock — 9621 N 136 E Ave — He is totally against the proposed development. Concerns regarding opening N. 136 E. Ave. to through traffic and lighting from the development shining directly into his subdivision. Joe Esposito — Opposes commercial development on this property, would rather see it be residential. He stated that citizens are upset with all the commercial property that is being developed. Suggested that the City poll the citizens to see what they want. Mr. Dean Lowe explained to the property owners that he gives his word that he will do whatever it takes not to open E. 100 St. No. or N. 136 E Ave to through traffic. Discussion was held regarding the possibility of a buffer strip placed against the surrounding residential and the 15c Baptist Church property. OWASSO PLANNING COMMISSION May 16, 2005 Page No. 3 Ray Haynes moved to approve the amendment subject to any property that adjoins residential have a 150' transitional buffer zone. The motion was seconded by Dale Prevett. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin V anover - Yes Marilyn Hinkle - Yes Dale Prevett - Yes Duane Coppick — Yes The motion carried 5 -0. 6. OZ 05 -02 — A request to review and approve a rezoning of 3.92 acres from CG (Commercial General) and RS -3 (Single Family- Residential) to CG (Commercial General). The property is located on the northeast comer of E. 86`h St. N. and Main St. Chip McCulley presented the staff report and described the location of the property. The development process was discussed. Mr. Roy Johnson is requesting a zoning designation of CG (Commercial General District) for the entire 3.92 acre tract. Letters were mailed to surrounding property owners and legal advertisement was published in the Owasso Reporter. No calls or correspondence has been received. Staff recommends approval of OZ 05 -02 to change the zoning designation of the subject property. Chip stated that the property owner is planning on a youth recreation facility to be built on the northern portion. Mr. Roy Johnson, attorney for the purchaser, was present to answer questions. Mr. Johnson stated that the proposed facility would require approximately 90' to be zoned CS. Ray Haynes moved to approve the northern 90' be zoned CS (Commercial Shopping) with the balance of the property to be zoned CG (Commercial General); the motion was seconded by Dale Prevett. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes Dale Prevett - Yes Duane Coppick —Yes The motion carried 5 -0. 7. Preliminary Plat — Ator Center— A request to review and approve a preliminary plat proposing 3 lots, on approximately 9.73 acres of property zoned CG (Commercial General), located on the northwest corner of E. 86`h St. N. and Hwy 169. One the east and west side of N. Garnett Rd. The Chair introduced the case and Chip McCulley presented the item. The applicant is requesting this review in order to facilitate 3 lots in 3 blocks on 9.73 acres. The future commercial development is compatible with the Master Plan and consistent with current development trends in the general area. The Technical Advisory Committee reviewed the Site Plan at the April 27 `h regular meeting and recommended approval with the following OWASSO PLANNING COMMISSION May 16, 2005 Page No. 4 condition: 1. Locate a 10' u/e along the northern and western perimeter of Lot 1. Staff recommends approval subject to the above TAC recommendation. Ray Haynes moved to approve the preliminary plat for Ator Center subject to the above recommendation. Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes Dale Prevett — Yes Duane Coppick - Yes The motion carried 5 -0. 8. Final Plat — The Falls at Garrett Creek — A- request to review and approve a final plat proposing 104 residential lots, on approximately 26.09 acres of property zoned RS -3 (Residential Single Family) located east of N. 129`h E. Ave, south of E. 116`, St. N., just southeast of Garrett Creek Estates. Chairperson Haynes introduced the item and Chip reviewed the staff report. The applicant is requesting this review in order to facilitate 104 residential lots, on approximately 26.09 acres of property zoned RS -3. The Owasso Technical Advisory Committee reviewed the final plat and had the following recommendations: 1. Applicant must indicate a 20' utility easement along the north side of Lot 54, Block 1 and Lots 1 and 10, Block 4. 2. Applicant must indicate ownership of detention pond. 3. Applicant must hold Lot 57, Block 1 until phase B is complete. 4. The emergency access is not to be paved. There was a brief discussion regarding detention areas. Marilyn Hinkle moved to approve the Final Plat subject to the above TAC and Staff recommendations. Kevin Vanover seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle —Yes Dale Prevett — Yes Duane Coppick - Yes The motion carried 5 -0. O'VVASSO PLANNING COMMISSION May 16, 2005 Page No. 5 9. Site Plan — Forrest Creek Business Park — A request to review and approve a site plan proposing a 3,000 sq ft commercial facility on 0.4 acres of property located at 7738 N. Mingo Valley Expressway, west of Hwy 169 approximately' /4 mile north of E. 76`h St. N. Chairperson Haynes introduced the item and Chip McCulley reviewed the staff report. The applicant is requesting this review in order to facilitate a 3,000 sq ft building on one 0.4 acre tract. The property is zoned CG (Commercial General). The Owasso Technical Advisory Committee reviewed the final plat and had the following recommendation: 1. The applicant must meet all ADA requirements before permit issuance. Mr. Jason Mitchell, the applicant, was present to address concerns. Commissioner Hinkle had questions regarding possible flooding problems. Mr. Mitchell stated that the property has been brought up out of the flood zone. Ray Haynes moved to approve the site plan for Forrest Creek Business Park subject to the above Staff and TAC recommendation and subject to the Site Plan to show the rear portion not being in the 100 year flood plain. Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes Dale Prevett — Yes Duane Coppick - Yes The motion carried 5 -0. 10. Site Plan -The Market at Owasso — A request to review and approve a site plan proposing a 29,952 sq ft commercial facility on 3.64 acres of property located at 12932 E. 86`h St. N., adjacent to Albertson's to the east. Chairperson Haynes introduced the item and Chip McCulley reviewed the staff report. The development process was explained. The applicant is requesting this review in order to facilitate a 29,952 sq ft building on one 3.64 acre tract. The Owasso Technical Advisory Committee reviewed at the April 27, 2005 regular meeting. The members recommended approval without conditions. Mr. Chris White, the architect for the project, was present to address any concerns. Mr. White explained that the back circle parking lot will be used for employee parking. Ray Haynes moved to approve the site plan for The Market at Owasso. Kevin Vanover seconded the motion. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION May 16, 2005 Page No. 6 Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes Dale Prevett — Yes Duane Coppick - Yes The motion carved 5 -0. 11. Site Plan - Bridgestone /Firestone Tire and Service Center — A request to review and approve a site plan proposing a 7,610 sq ft commercial facility on 1.34 acres of property located at Lot 2, Block 2, Smith Farm Marketplace, south of E. 96`h St. N., just east of N. Garnett Rd. This item was removed from the agenda. 12. Site Plan Checklist —Resolution PC 05 -01. Ray Haynes moved to adopt the site plan check list, Marilyn Hinkle seconded the motion. Kevin Vanover noted that the item pertaining to the Outdoor Lighting Plan be shown as Outdoor Lighting Ordinance. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes Dale Prevett — Yes Duane Coppick - Yes The motion carried 5 -0. 13. Report on Monthly Building Pen-nit Activity. 14. Report on Planning Items Previously Forwarded to City Council. 15. Request by the City Manager to Address the Planning Commission — Mr. Ray expressed some concerns regarding the issue of requiring a developer to fence between agricultural or residential zoning. Cormnissioner Vanover asked if Staff would review other cities fencing requirements. 16. Discussion of Development In and Near Owasso 17. Adjournment — Ray Haynes moved, Duane Coppick seconded, to adjourn the meeting. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION May 16, 2005 Page No. 7 Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes Dale Prevett — Yes Duane Coppick - Yes The motion carried 5 -0 and the meeting was adjourned at 9:20 PM. Chairperson Secretary Date GMMOMM Iilili�� I TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION (OA- 05 -02) DATE: June 2, 2005 BACKGROUND The City of Owasso has received a request from Mr. Les Davidson for the annexation of approximately 6.64 acres. At this time it is the staffs understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of transitional property. HEARING DATE: Planning Commission: June 13, 2005 LOCATION The property is located south of E. 96h St. N., between 'K and '/2 mile west of N. 1451' E. Ave., immediately east of Nottingham Estates. A general area map has been attached for your review. EXISTING LAND USE Large Lot Residential SURROUNDING LAND USE North: Large Lot Residential South: Nottingham Estates East: Large Lot Residential West: Nottingham Estates PRESENT ZONING AG (Agricultural District) — Tulsa County SURROUNDING ZONING North: AG (Agricultural District) — Tulsa County South: RS -3 (Residential Single - Family) East: AG (Agricultural District) — Tulsa County West: RS -3 (Residential Single - Family) 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 and fire 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. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary 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. After the preliminary 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. 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 Planning Commission. 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. 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 primary consideration is the property's compliance with the Owasso Annexation Policy. The policy establishes a set of guidelines that define which properties are considered for annexation. 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. CONSIDERATIONS OF ANNEXATION The following annexation policy for the City of Owasso is provided as a guideline and should not be constructed as inflexible requirements for annexation. 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing City Limits. 3. All properties should be annexed into the City limits as the lowest zoning classification, that is, Agricultural (AG). Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the City will be legal, but non - conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not meet City standards will not be improved by the City until brought to the City standard and accepted by the City Council. Such public facilities must be improved at owner's expense by the establishment of a special assessment district or some other financing method. 5. Where a City limit boundary ends at a dedicated street, the boundary will not include the street right -of -way. This policy will establish consistency and allow City employees and citizens to know where the City boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. ANALYSIS Staff received a petition from Mr. and Mrs. Davidson for the annexation of approximately 6.64 acres located south of E. 961' St. N., between '/4 and '/2 mile west of N. 1451' E. Ave., immediately east of Nottingham Estates. 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 property for transitional use. 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 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 would be served water and sewer by the City of Owasso. The Owasso 2015 Land Use Master Plan calls for residential development for the 6.64 acre tract In regards to the Owasso Annexation Policy the request is larger than 20 acres and contiguous to existing City limits. No public infrastructure or development currently exists on the property; all public improvements will be made by the developer. If annexed, the subject property will acquire an AG (Agricultural District) zoning designation. 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. OWASSO ANNEXATION COMMITTEE The Owasso Annexation Committee will consider the request on June 8, 2005 and will make a recommendation concerning the request that will be reported at the public hearing on June 13, 2005. RECOMMENDATION Staff recommends approval of OA 05 -02. ATTACHMENTS: 1. General Area Maps 2. Applicants Annexation Petition 3. Legal Notice E-, 96th ST �- Q t W ,c.6a = T Z — E AT t -` II Owasso Community ®A 05 -02 N Development Department 111 N. Main St. Owasso, OK 74055 W E 918.376.1500 918.376.1597 www.cityofowasso.com 3 A G W a t AG t w RE w e .- _ Z E z ____ ______ Subject Property cs E. 6th_ST N I I 1 � I I i W I ¢ W i I AG RS— RE ST E M 2121-14 Feet 0 400 800 4/7/os We, Les and Sharon Davison, are requesting a hearing for the attached described 6.64 acre parcel, to be annexed into the City of Owasso, for the purpose of rezoning to n_ M_ Sincerely, Les D Aon shwoon navlon 7A -4Fltl,4 ICI%M ATtfR79 ACTF /gCA7A ACM7 Caa7igAina NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA APPLICATION: OA-0S02 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M. June 13, 2005. At the ]nearing, consideration will be given to the Proposed change of the zoning classification of the following described property: THE WEST 345.27 FEET OF THE EAST 600.27 FEET OF THE NORTH 858 FEET OF THE NORTHEAST QUARTER (W /2 NE 14) OF SECTION TWENTY -ONE (21), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES COVERNMENT SURVEY THEREOF. To be considered is an annexation of property approximately 6.64 acres in size, located south of E. 9e St N., %2 mile west of the Owasso Expressway. The applicant is also requesting that the 2015 Land Use Master Plan be revised to allow for office zoning of the property, All persons. interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, the Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 11 I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1543. Dated at Owasso, Oklahoma, this I Ph day of May, 2005 Chip McCulley City Planner MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: AMENDMENT TO MASTER PLAN DATE: June 3, 2005 II 01 &Jkft J The City of Owasso has received a request from Mr. Les Davidson requesting that the 2015 Land Use Master Plan be revised to allow for Transitional use for a 6.64 acre tract of land, located south of E. 96'' St. N., between '/4 and '/z mile west of N. 145'' E. Ave., immediately east of Nottingham Estates. Currently, the property is zoned AG (Tulsa County Agricultural) and is designated by the 2015 Master Plan for Residential use. A general area map has been attached for your review. HEARING DATE: Planning Commission: June 13, 2005 EXISTING LAND USE Large Lot Residential SURROUNDING LAND USE North: Large Lot Residential South: Nottingham Estates East: Large Lot Residential West: Nottingham Estates PRESENT ZONING AG (Agricultural District) — Tulsa County SURROUNDING ZONING North: AG (Agricultural District) — Tulsa County South: RS -3 (Residential Single - Family) East: AG (Agricultural District) —Tulsa County West: RS -3 (Residential Single- Family) 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 and fire 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. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary 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. After the preliminary 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 Staff received a petition from Mr. and Mrs. Davidson requesting that the 2015 Land Use Master Plan be revised to allow for Transitional use for the entire 6.64 acre tract of land, located south of E. 9e St. N., between '/4 and '/2 mile west of N. 145 h E. Ave., immediately east of Nottingham Estates. Currently the property is zoned AG (Tulsa County Agricultural). The Owasso 2015 Land Use Master Plan calls for residential development on the entire 6.64 acre tract. The subject property is located between 1/4 and 1/2 mile from a major intersection. It is also bordered on the north and on the east by Tulsa county, large lot residential, and on the south and to the west by Nottingham estates. The property and surrounding areas have developed for single- family purposes. The property is not adjacent any site identified as transitional use by the master plan. The property is also '/a mile away from the nearest site planned for transitional use. 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. The staff has received correspondence from the developer of Nottingham Estates opposing the proposed amendment to the land use plan. Also, the staff recently attended a meeting of the Nottingham Estates homeowners association, and the association voiced its opposition to the proposed amendment. RECOMMENIDATION Staff recommends that the designated land use for the subject property remain residential and not be changed to transitional. ATTACHMENTS: 1. General Area Maps 2. Applicants Annexation Petition 3. Legal Notice 4. Letters of opposition Owasso community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com AMENDMENT TO MASTER PLAN 7 4r Q W 00 in IT Lm A E 0P' - �- 021, 4/7/05 We, Les and Sharon Dalison, are requesting a hearing for the attached described 6.64 acre parcel for the purpose of changing the land use master plan to transitional,. Sincerely, Les DavrAon Sharon Do £son NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOMA APPLICATION: OA -05-02 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M. June 13, 2005. At the hearing, consideration will be given to the proposed change of the zoning classification of the following described property: THE' WEST 345.27 FEET OF THE EAST 600.27 FEET OF THE NORTH 858 FEET OF THE NORTHEAST QUARTER (W /2 NE /4) OF SECTION TWENTY -ONE (21), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES COVERNMENT SURVEY THEREOF. To be considered is an annexation of property approximately 6.64 acres in size, located south of E. 96h St N., %: mile west of the Owasso Expressway. The applicant is also requesting that the 2015 Land Use Master Plan be revised to allow for office.zoning of the property. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, the Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1543. Dated at Owasso, Oklahoma, this I Ph day of May, 2005 Chip McCulley City Planner Tyann Development Co., Inc. P. O. Box 397 - Owasso, OK 74055 PH: (918) 274 - 0517 FAX: (918) 274 - 0413 JUNE 3, 2005 Owasso Planning Commission City Of Owasso P_O. Box 180 Owasso, Oklahoma 74055 Re: Annexation Application: OA -05 -02 Dear Chairman and Commission Members; Tyann received on May 31, 2005 an annexation notice on the above -cited application. This tract of land abuts one of our developments, Nottingham Estates, on both the east and south sides. We have long expected its annexation into the City of Owasso and we certainly are not opposed to the annexation. However, the application also addresses a request by the applicant to revise the 2015 Land Use Master Plan designation from residential to office. We are concerned about this request for the following reasons. First, the area along both the north and south sides of E.96h Street between f291° E. Ave and 145"' E. Ave has been designated by the Owasso Planning Commission and City Council to be developed as single - family residential for over 20 years. The 1985 -2000 Land Use Plan, as had previous land use plans, identified the 96h Street area to be future single - family residential. It was also the first plan to identify a bigher intensity development corridor along both sides of Highway 169 from 76"' Street N. to 116th Street N. This was the first time city leaders acknowledge the idea of containing most of Owasso's non - residential land uses within this highway corridor and at arterial road intersection. It was understood that the highway would better provide for the transportation circulation needs for non - residential uses and at the same time keep the developing neighborhoods better protected from traffic problems. Second, this request cannot be addressed in isolation Along 96"' Street there are at least fifteen other tracts of land that have the same physical conditions and can make the same arguments about having frontage on 96"' Street. In addition, Tyann has several acres of undeveloped land with 96 "' Street frontage. Therefore, the decision on this tract determines the future of this section of 96h Street. Will it be residential or non - residential? We developed and sold our land based upon the land use plans prepared by the City of Owasso and we have vacant land east of Nottingham Estates that we intend to develop consistent with the City's plans. We think the plans are good and we think they were prepared on sound research. Third, over the last ten years we have sold over 120 lots to families that have moved into Nottingham Estates. These families have invested a significant amount of their income into their homes and neighborhood. This proposed change will negatively affect their whole life style. Many of the homes in subdivisions like Nottingham Estates will be backing to an arterial street carrying traffic to and from non - residential businesses. It will not be an arterial street through a residential area. It is our opinion that such a change in the Land Use Plan will have a negative impact on the future marketability of these homes. Finally, Questions may come up in the review of this request about our sales office located across the street from the Nottingham Estates entry. This is a temporary sales office that was allowed by the Tulsa County Board of Adjustment as a Special Exception. It was approved by the BOA at a public hearing to allow Tyann to market our subdivision. These types of sales offices or models are regularly allowed on a temporary basis in most subdivisions. It will be removed in the near future and single - family homes will be constructed. There are no permanent non - residential uses in this area. However, if the planning commission and city council are of the opinion that 96ffi Street between 129u E. Ave and 145' E. Ave should be commercialized and not remain residential, then we would expect all land in this area to be treated equally. The tract in question has a depth of 660 feet; therefore, all land on both the north and south sides of 96`x' Street would need to be designated in the same manner to a depth of 660 feet. I apologize for not being able to attend the June 13 meeting, but previous commits have made it impossible. Sincerely, Steve Compton,. Manager Tyann Development Co., Inc. Copy: Chip McCulley, City Planner Eric Wiles, Community Development Director Charles W. Helscel, President Tyann Development June 6, 2005 Owasso Planning Commission RE: Spot Rezoning request East on 96t` St. N. My name is Jim Ponton, and I live at 13807 E. 93rd Circle N., in the Nottingham Estates subdivision. As a concerned citizen, I would like to express my opposition to the rezoning request East of our main entrance on 966- St. As I understand it, the property must first be annexed into the city. This does not bother me because I believe the city of Owasso could offer better services than the county in the area described. However, rezoning this property from agriculture /residential to commercial is not just. This area of the city was set up in the Owasso 2015 Land Use Master Plan for residential development. I do not believe in spot rezoning, especially when it will be to the detriment of those citizens who. chose to live in Nottingham Estates, Windsor Lake, or Pleasant View. If the 6.5 acres in question were to be rezoned for commercial, our property values in the neighborhoods mentioned would surely decline along with the tranquility and identity of our area. We chose to live in this area of Owasso because of its identity as a nice residential area convenient to shopping areas and lacking the presence of strip malls or commercial development adjacent to our subdivision. I hope with your thoughtful consideration, you find this rezoning request not justifiable. Sincerely, Jim Ponton 13807 E. 93rd Circle N. Owasso, Oklahoma 74055 918- 274 -9216 Cell 918 -691 -9171 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OZ 05 -03 DATE: June 9, 2005 BACKGROUND The City of Owasso has received a request from Northeast Investments L.L.C, for the rezoning of 27.59 acres to be rezoned from AG (Agriculture District) to CG (Commercial General). The applicant is also requesting that 8.06 acres of property adjacent to the residential property to the south and to the east be rezoned to OM (Office Medium). PLANNING COMMISSION HEARING DATE: June 13, 2005 LOCATION The property is located east of the Owasso Expressway, between E. 98a' St N. and E. 101" St. N., North of I" Baptist Church. A general area map has been attached for your review. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Large Lot Residential, Northeast Elementary and Coffee Creek South: 19` Baptist Church, and large -lot residential East: City View West: Owasso Expressway PRESENT ZONING AG (Agricultural District) — Tulsa County SURROUNDING ZONING North: AG (Agricultural District) — Tulsa County South: RS -2 (Residential District) and RS (Residential District) — Tulsa County East: RS (Residential District) — Tulsa County West: Owasso Expressway 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 and fire 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. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a developer 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. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary 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. After the preliminary 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. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. 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 Planning Commission. 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 Hai AC. 1 ANALYSIS Staff received a petition from Northeast Investments, L.L.C., for the rezoning of 27.59 acres to be rezoned from AG (Agriculture District) to CG (Commercial General). The applicant is also requesting that 8.06 acres of property adjacent to the residential property to the south and to the east be rezoned to OM (Office Medium). The Owasso 2015 Land Use Master Plan calls for commercial development on approximately half of the 35 acre tract and residential development of the remaining area. On May 17, 2005 the council unanimously approved an amendment to the 2015 Land Use Master Plan to allow for commercial and transitional use of the 35 acre tract. 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. RECOMMENDATION Pending Planning Commission approval, staff recommends approval of the OZ 05 -02. ATTACHINJ ENTS: 1. General Area Maps 2. Applicants Annexation Petition 3. Legal Notice Q� OFFICE 1st Baptist Church u Owasso Community OZ OS -03 P --elopment Department 111 N. Main St. W Owasso, OK 74055 918.376.1500 918.376.1597 www.city ofowasso.com lJ OL'6tb9 ,82,OZ<ZO R (wJ cO o w C \ W m\�. � � „g 9Sgl. C3 CO N O & o,T 3 �T rn n wZ wrv- w Z Ci— A N u, m O Z s a iJ ti6'0201 '17 r\ ,tis,omo S. M ,bS,81.TO N r m a 0 m N n 9 9 i O a to VA W .mIco a co �W m a°u r GENERALLOCATION h��tV� SrPI Pyn iL'1 i N PRESENT ZONING _ r, PRESENTUSE y iCry S-eyeLivAb i)c cutTL ' PROPOSED ZONING CCa �^� PROPOSED USER l,-41, pC,,re4 .s-^ i ^ F LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Ci =F ATTta'NE.D and Address of Record Owner Address or General Location of Subject As applicant, what is your interest in this property? Name of person to be billed for publication Phone ®Present Owner ❑Agent for Owner mot? Art L ^Wt- E]Purchaser ElOther I Mailing Address 77P yl �ti QAttorney for Owner All I DO HEREBY CERTIFY THAT THE INFORINIATION HEREIN SIGN�.,TItRE DATE SUBMITTED IS COMPLETE, TRUE AND ACCURATE ii's1, «'f�,,.r Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and /or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule OZ-3 $75 1- 4.99 acres 100 5 -19.99 acres -� CITY OF OWASSO 200 1 P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 \E 9Y REZONING APPLICATION GENERALLOCATION h��tV� SrPI Pyn iL'1 i N PRESENT ZONING _ r, PRESENTUSE y iCry S-eyeLivAb i)c cutTL ' PROPOSED ZONING CCa �^� PROPOSED USER l,-41, pC,,re4 .s-^ i ^ F LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Ci =F ATTta'NE.D and Address of Record Owner Address or General Location of Subject As applicant, what is your interest in this property? Name of person to be billed for publication Phone ®Present Owner ❑Agent for Owner mot? Art L ^Wt- E]Purchaser ElOther I Mailing Address 77P yl �ti QAttorney for Owner All I DO HEREBY CERTIFY THAT THE INFORINIATION HEREIN SIGN�.,TItRE DATE SUBMITTED IS COMPLETE, TRUE AND ACCURATE ii's1, «'f�,,.r Please submit the completed application form and application fee along with a Certified 300' Radius Report (available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and /or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5 -19.99 acres 150 20 + acres 200 SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER APPROVED DENIED NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, ORLAHONIA APPLICATION: OZ -05-03 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 7:00 P.M. June 13, 2005. At the hearing, consideration will be given to the proposed change of the zoning classification of the following described property: The NE /4 of SW /4 of Section 16, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, less a tract described as follows, towit: Beginning at the Northwest corner of the NEA SWA; thence East along the North line of said NE/4 SW /4; thence East along the North line of said NEA SWA a distance of 510.83 feet; S24 °35'56 "W a distance of 32.73 feet; thence Southwesterly on a curve to the right having a radius of 1195.92 feet, a distance of 348.26 feet; thence S 41 117'01 "W a distance of 467.77 feet to a point on the West line of said NE/4 of SW /4; thence North along said West line a distance of 672.33 feet to the Point of Beginning To be considered is a rezoning of property approximately 35 acres in size, located east of the Hwy. 169, between E. 98t' St N. and E. 101" St. N., North of I" Baptist Church. The applicant is requesting that 27.59 acres be rezoned from AG (Agriculture District) to CG (Commercial General). The applicant is also requesting that 8.06 acres of property adjacent to the residential property to the south and to the east be rezoned to OM (Office Medium). All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1543. Datea ,9wasso, Oklahoma, this 19" day of May, 2005. C McCulley City Planner MEMORANDUM TO: PLANNING COMMISSION FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Ator Center) DATE: June 2, 2005 Kellogg Engineering has submitted an application to the Planning Commission for approval of a preliminary plat for Ator Center. The applicant wishes to create 3 lots on 9.73 acres zoned CG (Commercial General), located on the northwest corner of E: 86`" St. N. and Hwy 169, on the east and west side of N. Garnett Rd. A general area map is attached. II��ti1►CH17:�111 Planning Commission: June 13, 2005 EXISTING LAND USE: Existing property is undeveloped. SURROUNDING LAND USE: North: Ator Heights Third Extended South: E 86a` St N East: Owasso Expressway West: Owasso Post Office and Ator Heights PRESENT ZONING: CG (Commercial General) SURROUNDING ZONING: North: Commercial South: RS -3 (Residential Single - Family East: Commercial West: Commercial ANALYSIS: The applicant is requesting this review in order to facilitate 3 Lots in 3 Blocks on 9.73 acres. The subject property is zoned CG (Commercial General). The future commercial development is compatible with Owasso Master Plan and consistent with current development trends in the general area. The preliminary plat is in compliance with the Owasso Zoning Code's Bulk and Area requirements. The Technical Advisory Committee reviewed the Site Plan at the April 27" regular meeting. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The Technical Advisory Committee recommended approval of the preliminary plat with the following conditions: 1. Locate a 10' U/B along the northern and westem perimeter ofLot 1. RECOMMENDATION: The staff recommends approval of the Ator Center Final Plat subject to appropriate actions taken to satisfy the TAC concerns. ATTACHMENTS: 1. Case Map 2. Site Drawing H-"4 W 86th ST. N Owasso Community Development Department III N. 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