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HomeMy WebLinkAbout2011.01.10_Planning Commission AgendaRecord Copy OWASSO PLANNING COMMISSION January 10, 2011 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: January 10, 2011 TIME: 6:00 PM PLACE: Old Central 109 North Birch NOTICE FILED BY: Marsha Hensley TITLE: Assistant City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Halt at 1:00 PM on January 6, 2011. Marsha Hensley, Assistant City P nner OWASSO PLANNING COMMISSION Monday, January 10, 2011 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the December 13, 2010 Regular Meeting. 4. OPUD 10 -01 (Rehearing of OPUD 04 -01 - The Reserve at Elm Creek) - Consideration and appropriate action related to the request for rezoning from an AG (Agriculture) district to OPUD 10 -01 (Planned Unit Development) with an underlying zoning designation of RS -3 (Residential Single Family) on property located at the northwest corner of the intersection of East 66t Street North and North 129th East Avenue. The subject tract is approximately 19.75 acres. 5. Preliminary Plat - The Reserve at Elm Creek - Consideration and appropriate action related to the request for the review and acceptance of a preliminary plat consisting of 51 single family lots on approximately 12 acres of the 19.75 acre tract. The subject property is located at the northwest corner of the intersection of East 66th Street North and North 129th East Avenue. 6. Consideration and appropriate action related to a proposed change of the special exception process. 7. Report on Monthly Building Permit Activity. 8. Report on Items Previously Forward to City Council. 9. Economic Development Report. 10. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, December 13, 2010 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Marilyn Hinkle Charles Brown Dr. Paul Loving David Vines Dr. Mark Callery MEMBERS ABSENT STAFF PRESENT Karl Fritschen Chelsea Harkins Daniel Dearing Marsha Hensley The agenda for the regular meeting was posted at the north entrance to City Hall on December 9, 2010 at 1:00 PM. 1. CALL TO ORDER — Charles Brown called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF NOVEMBER 8, 2010 REGULAR MEETING — The Commission reviewed the minutes of November 8, 2010 regular meeting. Dr. Loving moved to approve the minutes, seconded by David Vines. A vote on the motion was recorded as follows: Marilyn Hinkle — Yes Dr. Paul Loving — Yes David Vines — Yes Charles Brown — Yes Dr. Mark Callery - Yes The motion was approved 5 -0. 4. Lot Tie — Lot 9 & 10 Block 19 Original Town— Consideration and appropriate action related to the request for the review and acceptance of a lot tie of Lot 9 and Lot 10, Block 19, Original Town from two tracts of land into one tract of land. The subject property is located on West I" Avenue. Charles Brown presented the item and Karl reviewed the staff report. The location and the surrounding land use were described. The property is undeveloped at this time. Lot 9 comprises 0.21 acres and Lot 10, 0.20 acres in size. The owners intend to develop the property for an automotive repair facility. The development process was described. The property is zoned CH, which is appropriate for the use. The lot tie was reviewed by the Owasso Technical Advisory Committee at a special meeting held November 24, 2010. There were no comments provided. Staff recommends approval of OLS- 10 -04. A suggestion was made to look into possibly vacating any utility easements upon site plan review. In addition, Karl stated that he would review the site plan to insure the large tree OWASSO PLANNING COMMISSION December 13, 2010 Page No. 2 has proper drainage. Marilyn Hinkle moved to approve the lot tie request, seconded by Dr. Callery. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving — Yes David Vines — Yes Charles Brown — Yes Dr. Mark Callery - Yes The motion carried 5 -0. 5. Final Plat — Temple Business Park — Consideration and appropriate action related to the request for the review and acceptance of a final plat consisting of 1 commercial lot, on approximately 1.28 acres of property zoned CG (Commercial General). The subject property is located on North Main just to the west of the Brookwood Apartments, east of the Owasso Public School' s 7' Grade Center, and North of the Kum & Go site. Charles Brown presented the item and Karl reviewed the staff report. The location and the surrounding land use were described. The property is undeveloped at this time. Karl explained the development process. The final plat proposes one (1) lot on 1.28 acres of property. The property is zoned CG (Commercial General). The designation outlines the development standards for the property in a commercial manner. The main access into the Temple Business Park will be from North Main Street. The property will be subject to all payback fees, including storm siren fees of $35.00. The Temple Business Park final plat was reviewed by the Owasso Technical Advisory Committee at a special meeting held November 24, 2010. The following comments were made: • Provide language for the drainage easement. • In the 2nd paragraph Section A should read " to the public" rather than easement. • In the 2nd paragraph, Section E should read " owner of lot shall be responsible for repairing and replacement..." as opposed to " any party". Staff recommends approval of the Temple Business Park final plat subject to the TAC comments. The owner of the property, Mr. Mark Temple, was present to answer any questions. Mr. Temple stated that at this time, Johnstone Supply is conducting business out of the building to the north, but when construction on Temple Business Park is complete, they will be moving to that location and sell the building to the north. Discussion was held regarding the two 50' points of access. Mr. Temple explained that the large trucks need a second driveway to allow good traffic flow. He also stated that deliveries would not be during school rush hours. Malek with Khoury Engineering described the detention plans for the project. Public Works is in the process of reviewing all the detention drawings. David Vines moved to approve the final plat for Temple Business Park, seconded by OWASSO PLANNING COMMISSION December 13, 2010 Page No. 3 Charles Brown. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 5 -0. 6. Report on Monthly Building Permit Activity. 7. Report on Items Previously Forwarded to City Council. 8. Economic Development Director Report. 9. Community Development Report. - Discussion was held regarding the special use permit process. The following comments /suggestions were made: • Include TAC members in the review. • If there is a change of ownership or if use changes, require a new application. • Be more specific in Step 11, Lapse Section. 10. Adjournment - David Vines moved, Dr. Callery seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes Dr. Paul Loving - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 5 -0 and the meeting was adjourned at 6:55 PM. Chairperson Vice Chairperson Date TO: The Owasso Planning Commission FROM: Karl Fritschen, Community Development Director SUBJECT: Rehearing of PUD 04 -01, The Reserve at Elm Creek DATE: January 10, 2011 BACKGROUND: On May 10, 2004 the Owasso Planning Commission approved OPUD 04 -01 for a 19.75 acre residential development consisting of duplex and single family lots. On June 1, 2004 Ordinance number 782 was approved by the City Council for OPUD 04 -01. The project consists of a total of 19.75 acres, 12 acres would be used for single - family detached residential development and 7.75 acres would be used for duplex residential development. The property is located at the northwest corner of the intersection of 66th Street North and 1291h East Avenue. The applicant has submitted engineering drawings and a preliminary plat for review. Since it has been over 5 years since OPUD 04 -01 was approved and there has been no development activity or any permits issued, staff is bringing the proposal back to the Planning Commission for action, which will bring the project up to date. SURROUNDING LAND USE: North: Floodplain, AG Zoning -Tulsa County South: Large Lot Single Family Homes and church, AG -R Zoning -Tulsa County East: Undeveloped, AG Zoning -Tulsa County West: Undeveloped, AG Zoning - Tulsa County PROPERTY CHARACTERISTICS: The subject property is currently vacant and is used for agricultural purposes. Properties to the north and to the east of the site are used for both residential and agricultural purposes. A church and residential tracts lie south of the subject property. Land to the west is agricultural in nature. The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts to the south are zoned AG -R Agricultural/Residential by Tulsa County. DEVELOPMENT PROCESS: Steo One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two, Rezoning The second step in the development of a piece of property is annexed into Owasso, by law it must co order to develop the property, the land must be zo residential, office, commercial, or industrial. Rezoning the growth policy displayed in the Owasso Master Plan property in Owasso is rezoning. When a me in classified for AG Agricultural use. In ned for particular kinds of uses, such as decisions are made in accordance with One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD, When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Step 3, 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 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. Step 4, Site Plan Preparation Site plans are reviewed by the TAC. 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. CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. LEGAL PLANNING CONSIDERATIONS OF PODS ALLOWED BY CODE USES PERMITTED - The Owasso Zoning Code allows for all types of residential uses and 29 types of commercial uses within a residential planned unit development. The applicant requests two uses - single - family residential and duplex residential. BULK AND AREA REQUIREMENTS - As stated earlier, the applicant requests an RS -3 residential single - family designation for 12.7 acres, and an RD residential duplex designation for 7.75 acres. The Owasso Zoning Code allows one dwelling unit per 8,400 square feet in an RS -3 PUD. This requirement would allow up to 62 lots on the 12.7 acres portion of the property. The applicant requests 51 lots. The Owasso Zoning Code allows one dwelling unit per 4,200 square feet in an RD PUD. This requirement would allow up to 80 dwelling units on 40 lots in the 7.75 acres. The applicant requests 80 dwelling units on 40 lots. Within an RS -3 or RD PUD, the minimum allowable lot size requirement is 800 square feet, and the minimum allowable lot width is 20 feet, The applicant requests a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. BUILDING HEIGHT AND YARDS - There is no set maximum building height or minimum yard size set by the Owasso Zoning Code. The applicant requests a maximum building height of two stories and a minimum yard size of 15 feet (by 50 feet). SCREENING AND LANDSCAPING REQUIREMENTS - The Planning Commission shall prescribe perimeter requirements for screening and landscaping as are necessary to assure compatibility with adjoining and proximate properties. ANALYSIS: OPUD 10 -01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75 acres, The development concept behind the Project Two PUD is residential. The applicant intends to develop single family and duplex residential homes on the subject site. The overall concept of the project remains the same as approved in 2004; however the applicant intends to only develop the 51 single family lots on the 12 acre portion of the property at this time. The subject PUD application is part of a continuance of direction in the overall development scheme for the area. As the market has evolved the property owners feel it is appropriate and marketable to develop the area for residential purposes, as prescribed by the Master Land Use Plans of both Tulsa County and the City of Owasso. The staff concurs that a residential development would be consistent with the development pattern taking hold in Owasso and this pattern of growth is compatible with the Owasso 2025 Land Use Master Plan. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: Whether the PUD is consistent with the Comprehensive Plan 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a, To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties: b. To permit flexibility within the development to best utilize the unique physical features of the particular site: c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2025 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicant to develop the area for residential use. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT The area in the vicinity of the intersection at 66th Street North and North 129th East Avenue has been identified as a non - commercial area. Again, this PUD proposes a residential component that is part of a development concept for the area that calls for non - commercial development. Similar residential developments in the vicinity of the subject site include the duplex and single family development at the Baptist retirement center to the north and the Crown Colony subdivision to the northeast. FUTURE PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be approved by the City of Owasso. As mentioned, the applicant has engineering plans currently under review and has submitted a preliminary plat reflecting those plans. Should the applicant decide to amend the PUD, then sections 840.1 and 840.2 of the zoning code shall apply. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Also at the platting stage, the applicant will be required to dedicate adequate right -of -way along the west side of North 1291h East Avenue and along the north side of 66th Street North. Sidewalks will be required along all public right -of -ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed, The applicant has identified the terrain of the area as relatively flat and gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso, On -site detention is required and will be further defined at the platting stage, Any future development on the property will be served sewer from the City of Owasso and water from Rogers County Rural Water District 2. The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. To date, staff has not received any opposition concerning the request. RECOMMENDATION: The Staff's recommends re- approval of OPUD 10 -01. ATTACHMENTS: A. General Area Map B. OPUD 10 -01 Development Outline Plan C. Legal Notice D. Staff report dated May 12, 2004 GENERAL INFORMATION: OPUD CITY OF OWASSO P.O. BOX 180 O WASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 PLANNED UNIT DEVELOPEMNT APPLICATION GENERAL LOCATION_ NW CnrnPr of 66th Sr N & 129th F Ave, PRESENT ZONING Ar PRESENT USE Vacant Land NO. OF UNITS 14n ACRES 1 9.7 S LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner Name of person to be billed for publication As applicant, what is your interest in this property? I Mailing Address Present Owner Agent for Owner P.O.Box 1013 Purchaser Other ]Attorney for Owner I DO HEREBY LE INFORMATION SIG SUBMITTED IS CONOETTRUE AN ACCURATE Please submit the completed application form and application fee along with a Certified 300'Vadius 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 Rezoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5 -19.99 acres (150 ) 20 + acres 200 TAC MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER Submittal Reauirements Topographic Map Outline Development Plan Outline Development Text 300' Radius Report OPC MEETING DATE ZONING DISTRICT APPROVED DENIED Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityof6wasso.com RESERVE @ ELM CREEK LOCATION MAP City of Owasso Department of Community Development 111 North Main PO Box 180 Owasso, OK 74055 (9181 376.1540 FAX (918) 376.1597 Inspections: 376.1542 www.cityofowasso.com NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED PLANNED UNIT DEVELOPMENT LOCATED WITHIN THE CITY OF OWASSO, OKLAHOMA OPUD 10 -01 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Old Central Building, 109 North Birch, Owasso, Oklahoma at 6:00 PM on the 10'h day of January, 2011. At that time and place, the Owasso Planning Commission will consider requests from Dominion Corporation, applicant for a proposed planned unit development of approximately 20 acres, located on the northwest comer of North 1296 East Avenue at East 66`h Street North and for a proposed change of the zoning classification from AG (Agricultural District) to OPUD 10 -01. The subject property is described as follows: A tract of land located in the E/2 of the SE /4 of Section 32, 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: The E/2 of the SE /4 of the SE /4 AND the S/2 of the SE /4 of the NE /4 of the SE /4 of Section 32; LESS AND EXCEPT Beginning at the Northeast corner of the S/2 of the SE /4 of the NE /4 of the SE /4 of Section 32; THENCE S 00° 10'35" W along the Easterly line of the SE /4 of Section 32 a distance of 318.67 feet; THENCE N 87 045'31" W a distance of 566.88 feet; THENCE N 00°10'35" E and parallel with the east line of the S/2 of the SE /4 of the NE /4 of the SE /4 of Section 32 a distance of 296.46 feet to the Northerly line of the S/2 of the SE /4 of the NE /4 of the SE /4 of Section 32; THENCE N 89°59'49" E along the Northerly line of the S/2 of the SE /4 of the NE /4 of the SE /4 of Section 32 a distance of 566.52 feet to the `Point of Beginning'; ALSO LESS AND EXCEPT Commencing at the Southeast corner of Section 32: THENCE N 00°10'35" E along the east line of the SE /4 of Section 32 a distance of 827.00 feet to the `Point of Beginning'; THENCE N 89°49'25" W and perpendicular to the east line of said SE /4 a distance of 326.40 feet; THENCE N 00°10'35" E and parallel with the east line of said SE /4 a distance of 165.40 feet; THENCE 89° 49'25" E and perpendicular to the east line of said SE /4 a distance of 326.40 feet to the east line of said SE /4; THENCE S 000 10'35" W along the east line of said SE /4 a distance of 165.40 feet to the `Point of Beginning'. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376 -1500. Dated at Owasso, Oklahoma, this 13'h day of December, 2010. Marsha Hensley Assistant City Planner Samuel Jay Joshua Lemmons 7006 No 129 E Ave Owasso, OK 74055 Douglas & Wendy Pruitt 6736 No 129 E Ave Owasso, OK 74055 Tulsa County 500 So Denver, Room 302 Tulsa, OK 74103 Keys Landing Dev. LLC 807 So Xanthus PI Tulsa, OK 74104 Tulsa Port of Catoosa Authority 5301 W Channel Road Catoosa, OK 74015 Arthur & Karen Jencks 12424 E 77 St No Owasso, OK 74055 Margaret Taliaferro 6588 No 129 E Ave Owasso, OK 74055 Mary Elizabeth Shaffer Trust 7035 N 129 E Ave Owasso, OK 74055 L ,.i & Kasey Davis 6111 No 129 E Ave Owasso, OK 74055 John & Fern Craig 16702 E 96 St No Owasso, OK 74055 Michael & Cindee Treat 6905 No 129 E Ave Owasso, OK 74055 Joel Money & Harvey Troy & Neva Money 1013 No Dogwood St Owasso, OK 74055 Steven & Patresa White 6520 N 130 E Ave Owasso, OK 74055 James & Barbara Matthews 6510 N 130 E Ave Owasso, OK 74055 Tulsa County Clerk — EARLENE WILSON 04065753 P9s 1 B/P 7307/2093 -2093 Receipt p 731261 06/03/04 10:53:12 Pee 13.00 0000731261008E CITY OF OWASSO ORDINANCE NO. 782 AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT APPLICATION NO. OPUD- 04 -01, PROVIDING GUIDELINES FOR RESIDENTIAL co DEVELOPMENT ON A TRACT OF LAND CONTAINING APPROXIMATELY 19.73 M ACRES, LOCATED IN SECTION 32, TOWNSHIP 21 NORTH, RANGE 14 EAST, CD TULSA COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for approval of a Planned Unit CD Development conceming the property herein described, and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for and against the requested approval of OPUD -04 -0 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA; Section 1 That the zoning map of the City of Owasso, Oklahoma be amended to reflect the supplemental designation of PUD (Planned Unit Development) on the following described property, to wit: A tract of land located in the E/2 of the SE /4 of Section 32, 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: The E/2 of the SE 14 of the SE /4 AND the S/2 of the SEA of the NEN of the SE /4 of Section 32; LESS AND EXCEPT Beginning at the Northeast comer of the S12 of the SE/4 of the NE 14 of the SE /4 of Section 32; THENCE S 00°10'35" W along the Easterly line of the SE /4 of Section 32 a distance of 318.67 feet; THENCE N 87°45'31" W a distance of 566.88 feet; THENCE N 00°10'35" E and parallel with the east line of the S/2 of the SE/4 of the NE/4 of the SE14 of Section 32 a distance of 296.46 feet to the Northerly line of the S/2 of the SEA of the NE 14 of the SE/4 of Section 32; THENCE N 89°59349" E along the Northerly line of the S/2 of the SE /4 of the NEN of the SE/4 of Section 32 a distance of 566.52 feet to the `Point of Beginning'; ALSO LESS AND EXCEPT Commencing at the Southeast corner of Section 32: THENCE N 00°10'35" E along the east line of the SE 14 of Section 32 a distance of 827.00 feet to the 'Point of Beginning'; THENCE N 89°49125" W and perpendicular to the east line of said SE /4 a distance of 326.40 feet; THENCE N 00°10135" E and parallel with the east line of said SE 14 a distance of 165.40 feet; THENCE 89°49125" E and perpendicular to the east line of said SEN a distance of 326.40 feet to the east line of said SEA; THENCE S 00°10'35" W along the east line of said SEA a distance of 165.40 feet to the `Point of Beginning'. Section 2. The City Council hereby authorizes development upon sucb tract in accordance with the Provisions of the Outline Development Plan submitted with the application, as well as all amendments or modifications thereto, as required by the City Council, same being hereby made a part of such Outline Development Plan and included therewith. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 1" day of June, 2004. ATTEST: AS TO D. Cates, City Attorney City of Owasso, Oklahoma Susan Kimball, Maym cityofowasso Attn: Juliann Stevens 111 N. Main Street Owasso, Oklahoma 74055 TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: OPUD 04 -01, A REQUEST FOR APPROVAL OF A PLANNED UNIT DEVELOPMENT DATE: MAY 12, 2004 BACKGROUND: The City of Owasso has received a request for the review and rezoning of 19.75 acres. The applicant proposes to rezone the property as a Planned Unit Development (PUD). The proposed OPUD 04 -01 will follow the standards found under the RS -3 Residential Single- Family and RD Residential Duplex zoning designations so as to guide the development of single - family homes and duplexes. Twelve acres would be used for single - family detached residential development and 7.75 acres would be used for duplex residential development. The property is located at the northwest corner of the intersection of 6e Street North and 129h East Avenue. The subject property is currently vacant and is used for agricultural purposes. Properties to the north and to the east of the site are used for both residential and agricultural purposes. A church and residential tracts lie south of the subject property. Land the west is agricultural in nature. The subject property and properties to the north, east, and west is zoned AG Agricultural. Tracts to the south are zoned AG -R Agricultural/Residential by Tulsa County. CONCEPT OF A PUD: The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review: The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. The supplemental zoning district PUD must be approved by the City Council as a prerequisite to the Planned Unit Development. LEGAL PLANNING CONSIDERATIONS OF PUDS ALLOWED BY CODE: USES PERMITTED — The Owasso Zoning Code allows for all types of residential uses and 29 types of commercial uses within a residential planned unit development. The applicant requests two uses single family residential and duplex residential. BULK AND AREA REQUIREMENTS — As stated earlier, the applicant requests an RS -3 residential single - family designation for 12 acres, and an RD residential duplex designation for 7.75 acres. The Owasso Zoning Code allows one dwelling unit per 8,400 square feet in an RS -3 PUD. This requirement would allow up to 62 lots on the 12 acres. The applicant requests 60 lots. The Owasso Zoning Code allows one dwelling unit per 4,200 square feet in an RD PUD. This requirement would allow up to 80 dwelling units on 40 lots in the 7.75 acres. The applicant requests 80 dwelling units on 40 lots. Within an RS -3 or RD PUD, the minimum allowable lot size requirement is 800 square feet, and the minimum allowable lot width is 20 feet. The applicant requests a minimum lot size of 5,000 square feet and a minimum lot width of 50 feet. BUILDING HEIGHT AND YARDS — There is no set maximum building height or minimum yard size set by the Owasso Zoning Code. The applicant requests a maximum building height of two stories and a minimum yard size of 15 feet (by 50 feet). SCREENING AND LANDSCAPING REQUIREMENTS — The Planning Commission shall prescribe perimeter requirements for screening and landscaping as are necessary to assure compatibility with adjoining and proximate properties. OPUD 04 -01 (Project Two) is a proposed planned unit development (PUD) comprised of 19.75 acres. The development concept behind the Project Two PUD is residential. The applicant/owners of the property intend to develop single family residential homes and duplex homes on the subject site. The subject PUD application is part of a continuance of direction in the overall development scheme for the area. As the market has evolved the property owners feel it is appropriate and marketable to develop the area for residential purposes, as prescribed by the Master Land Use Plans of both Tulsa County and the City of Owasso. The staff concurs that a residential development would be consistent with the development pattern taking hold in Owasso and this pattern of growth is compatible with the Owasso 2010 Land Use Master Plan. According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance. a. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. To permit flexibility within the development to best utilize the unique physical features of the particular site; c. To provide and preserve meaningful open space; and d. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY: The Owasso 2010 Land Use Master Plan identifies the subject property and its surroundings as having a future land use of residential. As previously stated it is the desire of the applicants/owners to develop the area for residential use. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT: The area in the vicinity of the intersection at 60b Street North and North 129th East Avenue has been identified as a non - commercial area. Again, this PUD proposes a residential component that is part of a development concept for the area that calls for non - commercial development. Similar residential developments in the vicinity of the subject site include the duplex and single family development at the Baptist retirement center to the north and the Crown Colony subdivision to the northeast. FUTURE PLANNING ISSUES: Future planning issues must still be considered if the PUD is approved. If approved, the applicant must submit a preliminary plat, infrastructure plans, and a final plat that must be approved by the City of Owasso. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Also at the platting stage, the applicant will be required to dedicate adequate right -of -way along the west side of North 1291i East Avenue and along the north side of 661' Street North. Sidewalks will be required along all public right -of -ways associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. The applicant has identified the terrain of the area as relatively flat and gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso. On -site detention is required and will be further defined at the platting stage. Any future development on the property will be served sewer by the City of Owasso and water by the City of Owasso. The staff published legal notice of the PUD request in the April 15, 2004 edition of the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. To date, the staff has no opposition from one person concerning the request. OWASSO PLANNING COMMISSION At the May 10, 2004 regular meeting, the Owasso Planning Commission unanimously voted to recommend approval of OPUD 04 -01 with no conditions. RECOMMENDATION: The staff recommends approval of OPUD 04 -01. ATTACHMENTS: 1. General Area Map 2. OPUD 04 -01 Development Outline Plan 3. Legal Notice 4. OPUD 04 -01 Application Submission for: PLANNED UNIT DEVELOPMENT PROJECT TWO a proposed Addition to the City of Owasso, Tulsa County State of Oklahoma Section Thirty -Two (32), Township Twenty -One (21) North, Range Fourteen (14) East Submitted to: CITY OF OWASSO, OKLAHOMA Prepared by: Noble Sokolosky Sokolosky Law Firm P. O. Box 1013 - -- Owasso, Oklahoma 74055 272 -0270 (fax) 272 -0199 March 31, 2004 TABLE OF CONTENTS Development Concept .............. ............................... 3 Statistical Summary ................ ............................... 4 Development Standards ............ ............................... 5 Homeowners' Association ........... ............................... 6 Platting Requirements .............. ............................... 7 Site Plan Review . ............................... . Expected Schedule of Development ... ............................... 7 Maps: Site Analysis Underlying Zoning 2 DEVELOPMENT CONCEPT Project Two is a proposed planned unit development (PUD) comprised of approximately Twenty (20) acres in Southeast Owasso, Oklahoma. The property is located at 6600 North 129" East Avenue. The site is characterized by flat and gently rolling terrain. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent development possibilities. The development is a single family and duplex mixed -use residential development that will feature a small, secure neighborhood feeling bordered by a large undeveloped tract. Many prospective residents in today's marketplace desire smaller, well- maintained yards along with nice homes on smaller lots. This development concept will allow that type of home to be developed in a manner that is consistent and well- designed. STATISTICAL SUMMARY Project Area + 19.75 gross acres Residential + 19.75 gross acres Maximum Dwelling Units Requested: 140 DU's DEVELOPMENT AREAS RESIDENTIAL: Single - Family Detached Total Area: ± 12 gross acres Requested Number of Dwelling Units: 60 Duplex Family Total Area: ± 7.75 gross acres Requested Number of Dwelling Units: 80 DEVELOPMENT STANDARDS Single- Family Detached Homesites: Single- family detached structures intended for individual lot ownership. Permitted Uses Minimum Lot Size Maximum Building Height Minimum Front Yard if Abutting Public Street Corner Lot Minimum Side Yard Abutting Public /Private Street Minimum Lot Frontage* Minimum Lot Depth Minimum Rear Yard Minimum Side Yard As permitted within RS -3 District, By right or special exception 5,000 sq. ft. 2 stories 20 ft. 15 ft. 50 ft. 100 ft. 15 ft. 5 /5 ft. or0 /10 ft. * Cul -de -sac and pie shaped lots may have less than minimum frontage measured at building lines. Duplex Family Homesites: Minimum development standards as provided for in the Owasso Zoning Code. Other Requirements: It is intended that a preliminary and final plat will -be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. F1 HOMEOWNERS' ASSOCIATION The Homeowners' Association to be established will be responsible for the maintenance of the detention area, landscaped entrances, and all other landscaped buffers and islands, if any. These areas are to be created by the developer and turned over to the Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner, the City of Owasso will have the right to maintain these areas and assess each lot. Should payment by any member not occur, the City of Owasso and the Association will have the right to lien the delinquent member's real property within the platted area. Final documents on the Association will be filed in the future which will address rights and requirements for association members. 3 PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and dulyfiled of record, provided, however, that development areas may be platted separately. Restrictive covenants shall be established which are not consistent with the terms hereof and where appropriate, the City of Owasso shall be made a beneficiary thereof. SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning Commission as being in compliance with the PUD Development Concept and the Development Standards. Separate building plans may be submitted for individual home construction afterthe subdivision has been given final approval bythe City of Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of the Addition is anticipated to commence upon approval and of zoning and platting. 7 TO: The Owasso Planning Commission FROM: Karl Fritschen, Community Development Director SUBJECT: Preliminary Plat— Reserve at Elm Creek DATE: January 10, 2011 BACKGROUND: On November S, 2004 the Planning Commission reviewed and approved the preliminary plat for OPUD O1 -04 (Project 2, The Reserve at Elm Creek). The Reserve at Elm Creek preliminary plat was approved contingent upon the successful execution of the Technical Advisory Committee conditions. Subsequent to the approval of the Preliminary Plat, the applicant had one (1) year to obtain final plat approval. Since no final plat was submitted, the preliminary plat approved in 2004 expired. The applicant has recently submitted engineering drawings and a preliminary plat for review. The submitted preliminary plat indicates that the applicant proposes developing 51 single family lots on approximately 12 acres of the 19.75 acre tract. The applicant is not developing the 7.75 acre portion outlined for duplexes under OPUD O1 -04 at this time according to the submitted preliminary plat. However, the overall development concept for The Reserve at Elm Creek remains the some as the preliminary plat approved by the Commission in 2004, with a mixture of duplex and single family lots on a total of approximately 19.75 acres. SURROUNDING ZONING: North: Floodplain, AG Zoning - Tulsa County South: Large Lot Single Family Homes, AG -R Zoning - Tulsa County East: Undeveloped, AG Zoning - Tulsa County West: Undeveloped, AG Zoning - Tulsa County DEVELOPMENT PROCESS: Step One, Annexation Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. Step Two, Rezoning The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed Into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial, Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. Step 3, 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 offer 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 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. Step 4, Site Plan Preparation Site plans are reviewed by the TAC. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. ANALYSIS: The preliminary plat proposes 51 lots on approximately 12 acres with two points of access, one from 129th East Avenue and the other from 66th Street North. The subject property is located at the Northwest corner of East 66th St. North and North 129th East Ave. The preliminary plat was approved at the Owasso Planning Commission on October 11, 2004 and is being heard again because the time period between the time of approval and the time to submit a final plat expired. The subdivision regulations state that any preliminary plat not receiving final plat approval within (1) year shall be null and void. The Technical Advisory Committee reviewed the preliminary plat for the Reserve at Elm Creek on September 29 2004. Engineering drawings for the development were recently submitted and are currently under review in the City Engineer's office. The applicant is required to address all TAC comments as well as those from the Engineering department. The preliminary plat being presented in this report reflects the current engineering drawings and represents the most current version of the project. The scope of the proposed preliminary plat project and design has not changed significantly from what approved in 2004. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Sanitary sewer service, police, fire, and EMS service will be provided by the City of Owasso. Water service will be provided by Rogers County Rural Water District #2. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The applicant will have one (1) year to submit a final plat for the project. Technical Advisory Committee (TAC): As mentioned the TAC reviewed the preliminary plat for The Reserve at Elm Creek on September 29, 2004. Comments from that meeting are attached in the memo dated November 8, 2004. It should be noted that the storm siren fee was $16.00 per acre in 2004, but has since been raised to $35.00 per acre. RECOMMENDATION: Staff recommends the Planning Commission approve the preliminary plat for The Reserve at Elm Creek subject to addressing all TAC and Engineering Department comments. ATTACHMENTS: A. General Area Map B. Submitted Preliminary Plat C. Staff report dated November 8, 2004 Owasso Public Works Department Engineering Div, P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.coni RESERVE @ ELM CREEK LOCATION MAP Legend B/L =BUILDING SETBACK LINE BLDG a BUILDING LIMA - LIMITS OF NO ACCESS O.O.E. - OVERGROUNO DRAINAGE EASEMENT R/W a RIGHT -OF -WAY U/E - UTILITY EASEMENT Basis of Bearing: BASIS OF BEARING IS BASED ON THE SOUTH UNE OF SECTION 32, HAVING AN ASSUMED BEARING OF 148657'46'E. JANUARY 3. 2011 Location Map SUBDIVISION CONTAINS FIFTY (51) LOTS IN THREE (3) BLOCKS. SUBDIVISION CONTAINS 12.46 TOTAL ACRES Legal Description FINAL PUT LEGAL DESCRIPTION TO BE DETERMINED AND IS WHOLLY CONTAINED IN THE FOLLOWING PARENT TRACT OF IAND: A TRACT OF LAND LOCATED IN THE E/2 OF THE SE /4 OF SECTION 32, T -21 -N, R -14 -E OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE OFFICOL U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTCULARLY OESCRIBED AS FOLLOWS: THE EAST HALF OF THE SE /4 OF THE SE /4, AND THE S/2 OF THE SE /4 OF ME NE /4 OF THE SE/4 OF SECTION 32. LESS AND EXCEPT BEGINNING AT ME NORTHEAST CORNER OF THE S/2 SE /4 NE /4 SE/4 OF SECTION 32: THENCE 50°10'35'W ALONG ME EASTERLY LINE OF THE SE /4 OF SECTION 32 A DISTANCE OF 318.67 FEEL THENCE N87°45'31'W A DISTANCE OF 566.88 FEET; THENCE NOLT10'35 "E AND PARALLEL WITH THE EAST UNE OF ME S/2 SE/4 NE /4 SE /4 OF SECTION 32 A DISTANCE OF 296.46 FEET TO ME NORTHERLY UNE OF THE S/2 SE /4 NE /4 SE /4 OF SECTION 32; THENCE 14°89'59'46'E ALONG THE NORTHERLY LINE OF ME S/2 SE /4 NE /4 SE /4 OF SECTION 32 A DISTANCE OF 566.52 FEET TO ME POINT OF BEGINNINQ ALSO LESS AND EXCEPT COMMENCING AT THE SOUTHEAST CORNER OF SECTION 32; THENCE NO IO*35'E ALONG ME EAST LINE OF THE SE /4 OF SECTION 32 A DISTANCE OF 827.00 FEET TO THE POINT OF BEGINNING; THENCE N89°49'25W AND PERPENDICULAR TO ME FAST UNE OF SAID SE /4 A DISTANCE OF 326.40 MET; THENCE NOTIO75'E AND PARALLEL WITH ME EAST UNE OF SAID SE /4 A DISTANCE OF 165.40 FEET; THENCE 58649 "25'E AND PERPENDICULAR TO ME FAST UNE OF SAID SE /4 A DISTANCE OF 326.40 FEET TO ME EAST LINE OF SAID SE /4; THENCE SOa10'35^W ALONG THE FAST UNE OF SAID SE/4 A DISTANCE OF 165.40 FEET TO ME POINT OF BEGINNING. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT PRELIMINARY PLAT (THE RESERVE ON ELM CREEK) STAFF REPORT BACKGROUND The City of Owasso has received a request from the Dominion Corporation for the review and approval of The Reserve on Elm Creek Preliminary Plat. The Preliminary Plat proposes 74 lots (47 single family home lots and 27 duplex lots) in two blocks on 20 acres of property. The applicant wishes to plat the property so that they may eventually develop a residential subdivision comprised of single family homes and duplexes. The application was tabled at the October Planning Commission meeting to allow the applicant time to revise the Preliminary Plat based on Technical Advisory Committee comments. HEARING DATE Planning Commission, November 8, 2004 LOCATION The subject property is located at the northwest comer of E. 66 St. N. and N. 129 E. Ave. EXISTING LAND USE Undeveloped SURROUNDING LAND USE The properties to the north, east, and west are utilized in a rural residential manner. A church surrounded by large lot residential is located to the south of the subject property. PRESENT ZONING RS -3 (Residential Single Family District) and RD (Residential Duplex District) under the provisions of OPUD 04 -01. SURROUNDING ZONING Properties to the north, east, and west are zoned AG (Agricultural District) in Tulsa County. The property to the south is zoned AG -R (Agricultural- Residential District) in Tulsa County. ZONING HISTORY In May, 2004 the property was rezoned to OPUD 04 -01. The Planned Unit Development calls for residential development in the form of single family homes and duplex homes. A copy of the approved Planned Unit Development is attached for your review. DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. 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 1 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 HVAC. PRELINUNARY PLAT REVIEW PROCESS Upon receipt of all appropriate materials, the staff initiates the review process that begins with a thorough analysis of the proposal. The primary consideration is the proposed plat's compliance with the Owasso Zoning Code and Owasso Subdivision Regulations. The Preliminary Plat is then presented to the Owasso Technical Advisory Committee, at which time utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff make a recommendation to the Owasso Planning Commission. The Planning Commission, at a public hearing, shall approve, approve with modifications, continue to a date certain or disapprove the preliminary plat. ANALYSIS The applicant is requesting the review and approval of The Reserve on Elm Creek preliminary plat so that they may plat and eventually develop the property with single family houses and duplexes. The property is zoned OPUD 04-01 with an underlying zoning designation of RS -3 (Residential Single Family District) and RD (Residential Duplex District). The PUD designation outlines the development standards for the property in a residential manner consistent with the layout of the preliminary plat, unless specifically addressed in the Technical Advisory Committee comments. Again, the approved text of the PUD providing supplemental development standards for this proposed development is included in the packet. According to the preliminary plat, the developer proposes to divide the property into 74 lots on two (2) blocks. All of block 1 and lots I — 17 in block 2 are designated as single family home lots while lots 18 — 44 are designated for duplex development. According to OPUD 04 -01, the maximum number of dwelling units allowed on the subject property is 140 while the preliminary plat proposes 74 lots, 47 single family lots and 27 duplex lots; a potential for a maximum of 101 dwelling units. The approved PUD text allows for a minimum lot width of 50' and a minimum lot depth of 100'. The minimum allowable lot size according to the PUD text is 500062. Access into the development will be gained from N. 129h E. Ave and E. 66"' St. N. Proposed right-of-way's (R- O -W's) within the development are 50' wide as are the provisions for R -O -W's of adjacent arterials. Two streets within the proposed development will terminate at the property's edge in the form of a cul -de -sac and will not connect to the adjacent arterials. The applicant is also proposing 20' alley easements at the rear of the duplex lots. Any roadway within the alley easements will be private and therefore maintained by the developer or subsequent homeowner's association. All public roadways proposed within the development must be constructed by the developer to City standards including sidewalks. To address utility concerns, the proposed plat illustrates utility easements along the perimeter of the entire development site and throughout. Preliminary detention plans are to detain additional run -off in the `Detention Area' as shown in the northwest section of the plat. Plans for the drainage and detention of the water from the site must be submitted and approved by the City of Owasso before a building permit may be issued. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Residential water and sewer service will be provided by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees of $16 per acre and the Elm Creek Sanitary Sewer Payback fee of $1580.00 per acre. The fees should be payable before the plat is filed. TECHNICAL ADVISORY COMMITTEE The Reserve on Elm Creek Preliminary Plat was originally reviewed by the Owasso Technical Advisory Committee at their regular meeting on September 29, 2004. Due to a minor change in the layout the preliminary plat was presented to the Technical Advisory Committee on October 27, 2004 as well. At those meetings, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The following comments were provided: 1. Community Development - Switch the names of Block 3 and 4; 2. Community Development - Label addresses on the lots as provided by the City Planner; 3. Community Development - Pay the Storm Siren fee of $16 per acre upon approval of the Final Plat; 4. Community Development - Pay the Elm Creek Sanitary Sewer fee of $1580 per acre upon approval of the Final Plat; 5. Community Development - Ensure that sidewalks are established along all public roadways within and along the perimeter of the development; 6. Community Development - Change the 20' front yard building line on the duplex lots (as shown Block 2, Lots 18 — 44) to 25' or apply to amend the PUD or request a variance to enable the desired standard; 7. Fire Marshal - Coordinate Fire Hydrant locations with the Fire Marshal; 8. AEP /Cox - Insert additional utility easements as requested by the utility companies; RECOMMENDATION Staff is recommending approval of The Reserve on Elm Creek Preliminary Plat contingent upon the successful execution of the Technical Advisory Committee conditions. ATTACHEMENTS 1. General Area Map 2. Preliminary Plat Application 3. The Reserve on Ehn Creek Preliminary Plat 4. The Reserve on Elm Creek Deed of Dedication 5. OPUD 04 -01 text TO: City of Owasso Planning Commission FROM: Karl Fritschen Community Development Director SUBJECT: Change in the Special Exception Approval Procedure DATE: January 10, 2011 BACKGROUND At the September and November City Council Work Sessions, staff introduced making a change in a way that the City approves Special Exceptions outlined in the use chapters (i.e. Agriculture, Residential, Commercial Districts. etc). Currently the Board of Adjustment takes action on all of the special exceptions outlined in the Owasso Zoning Code. The proposed change will shift this responsibly of approving the use related special exceptions to the Planning Commission, with ultimate approval by the City Council, and to change the name of these uses to Specific Use Permits (SUP). The purpose of this memo is to ask for the Planning Commission's approval to amend the Owasso Zoning Code in order to change the Special Exception approval process for those uses described in the Owasso Zoning Code within each zoning district. REASON FOR THE PROPOSED CHANGE The City of Owasso, Community Development Department currently allows certain uses believed to have unique or widely varying operating characteristics or unusual site development features to be permitted in base zoning districts as Special Exceptions as opposed to those permitted "by- right ", These Special Exception uses are approved or denied by the Board of Adjustment (BOA) rather than the Planning Commission. Once a decision Is rendered by the Board of Adjustment, no further action is taken by any public body on the item and the applicant may submit a site plan and subsequent building permit application. Owasso is unique in the way Special Exceptions may be allowed in zoning districts where the requested use (i.e. church) would not be allowed "by- right ". This is problematic for several reasons. First, the Board of Adjustment is a quasi-judicial board that does not operate under the authority of the City Council. Second, because the Board of Adjustment is quasi - judicial, any appeals, whether they are from the applicant or citizens, are disputed in District Court. This is why Staff believes it is in the best Interest of the City to require the uses currently designated as "Special Exceptions" to be allowed as "Specific Use Permits" with final approval from the City Council Looking at the BOA's function in relation to the aforementioned issues, Staff believes that many Special Exceptions should go before the Planning Commission and then forwarded to the City Council for final approval similar to the way other zoning applications are processed. Staff's research of other communities' procedures, Indicates that the BOA acts as a quasi - judicial body and is appointed for the purpose of considering requests for relief from the requirements of the zoning ordinance or staff interpretations of the zoning ordinance. There are typically three types of applications the BOA considers: variances, appeals of administrative decisions, and non- conforming situation permits and staff believes that the Board of Adjustment should focus on these areas. It is recognized that the community is growing and as such has become more complex in terms of the proximity of uses in certain locations. An SUP allows a use that may be appropriate in some locations in a given district with additional conditions such as, but not limited to, site modifications, additional landscaping, driveway location, hours of operation, building modifications, etc. Some common examples of an SUP are day care centers, private clubs, churches, bed and breakfasts, and congregate care housing in residential districts, as well as several other uses. An SUP also allows the Planning Commission or City Council to request additional conditions as part of the proposed development to help mitigate any undesirable effects. Specific Use Permits, sometimes called Special Use Permits or Conditional Use Permits, are being used in most communities in our region as well as many other cities throughout the nation to address uses that, without modifications, tend to more intensely dominate the area in which they are located than do other permitted uses in the district. It is important that care is taken to integrate specific land uses with other uses in certain areas in order to prevent adverse impacts to the community at- large. PROPOSED TEXT AMENDMENT TO THE ZONING CODE The proposed Owasso Zoning Code text amendment will transfer the duty of reviewing and approving most Special Exceptions from the Board of Adjustment to the Planning Commission. Additionally, the wording Special Exception will change to Specific Use Permit in several sections of the zoning code. Finally, the proposed text amendments will establish a process of review for Specific Use Permits. Below is the proposed process one would take when applying for a SUP, and this language would be added to Chapter 13 of the Owasso Zoning Code. The Board of Adjustment shall continue to take action on special exceptions for special situations as outlined in Chapter 2 Section 240, Yards. These include carports, fences that exceed height requirements, detached accessory building exceeding 750 SF, and for now temporary uses such as Christmas tree sales, revival tents, etc. In the next few months, staff intends to explore the option of changing the temporary use procedure from a Board of Adjustment action to an administrative type of permit that has a specific time period and set fee. RECOMMENDATION Staff recommends the Planning Commission approval of the following text amendments to the Owasso Zoning Code: Remove the language "Special Exception" and replace with "Specific Use Permit" in the following chapters and sections 1. Chapter 3, Agricultural District Provisions, Section 310 2. Chapter 4, Residential District Provisions Sections 410.1, 410.2, 410.3, 410.4, and 410.5 3. Chapter 5, Office District Provisions Sections 510.1, 530 4. Chapter 6, Commercial District Provisions Sections 610.1, 610,2, 610.3, 640 5. Chapter 7, Industrial District Provisions, Sections 710,1, 710.2, 71 0.3 • Edit the following sections of Chapter 12, Board of Adjustment: 1280.1 A., E., and F., and 1280.2 Application. • Edit Chapter 15, Telecommunication Towers, to require telecommunication towers be processed as Specific Use Permits. • Add language describing the review process for Specific Use Permits to Chapter 13, Amendments. • Edit the definition of a Special Exception in Chapter 14, Definitions and add a definition for Specific Use Permit. If approved, staff will present an ordinance reflecting such changes to the City Council on the consent agenda at the January 4, 2011 City Council Meeting. Specific Use Permit Procedure SPECIFIC USE PERMITS A. Purpose This section provides a discretionary approval process for Specific Use Permits, which are required for uses that have unique or widely varying operating characteristics or unusual site development features. The uses classified as specific uses tend to more intensely dominate the area in which they are located than do other permitted uses in the district. Care should be taken to integrate specific land uses with other uses in the area and to prevent adverse impacts on the community at- large. The procedure encourages public review and evaluation of a use's operating characteristics and site development features. This review process is intended to provide assurance to the community that such uses will be compatible with their locations and surrounding land uses and will further the purposes of this Ordinance. B, Relationship to Site Plan Requirements A conceptual site plan shall be submitted with specific use permit application. The formal site plan that is submitted later shall be in substantial compliance with the conceptual site plan approved by the City Council. C. Procedure The following review procedure shall be followed for Specific Use Permits. The standard development review procedures shall apply, with modifications as noted below. Step 1 A Pre - Application Conference shall be held with the Community Development Department prior to submitting an application Step 2 Development Application Submittal Step 3 The Community Development Department Staff shall make a Determination of Application Completeness Step 4 Notice Published Step 5 Staff Report Step 6 Public Hearing Step 7 Decision and Findings - The following additional procedures shall apply: D. Planning Commission's Review and Recommendation The Planning Commission shall hold a public hearing on the proposed application and, within thirty (30) days from the date of receipt of the completed application take one of the following actions: 1. Recommend approval 2. Approve with modifications and /or conditions 3. Deny the request The Planning Commission may place conditions on the use as part of the approval to assure adequate mitigation measures are associated with the use. The conditions shall become a part of the special use permit approval and shall be included as part of the site plan. The Commission may continue the hearing on the decision for a maximum of sixty (60) days. The recommendation shall be referred to the City Council for final action. A. City Council Review and Action Upon receipt of the Planning Commission's recommendation, the City Council shall approve, approve with modifications and /or conditions, or deny the application, or request that the application be further reviewed by the Planning Commission, B. Indication on Zoning Map Required A zoning change is not required for Specific Use Permits; however, the location of each approved Specific Use Permit shall be indicated on the zoning map as follows: "SP—(the number of the request for a specific use permit) ". Step 8. Approval Criteria Applicable, as follows: A Specific Use Permit may be approved only if the City Council finds that all of the following criteria have been met: a. The proposed use is consistent with the comprehensive plan and all applicable provisions of this Ordinance and applicable state and federal regulations; b. The proposed use is consistent with the purpose and intent of the zoning district in which it is located; c. The proposed use is consistent with any applicable Specific Use Permit standards. d. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts); e. Any significant adverse impacts anticipated to result from the use will be mitigated or offset to the maximum extent practicable; f. Facilities and services (including sewage and waste disposal, water, gas, electricity, police and fire protection, and roads and transportation, as applicable) will be available to serve the subject property while maintaining adequate levels of service for existing development; g. Adequate assurances of continuing maintenance have been provided; and Step 9 Conditions of Approval a. Any of the conditions imposed by the permit shall be considered as conditions Precedent to the granting of a building permit for the specific use allowed. b, Following approval, Use Permit shall be processed. Step 10 Amendments a site plan meeting the conditions specified in the Specific required of the applicant and shall be submitted and No approved Specific Use Permit may be modified, physically expanded, hours of operation extended, or otherwise altered unless amended in accordance with the procedures applicable to initial approval of a Specific Use Permit as set out in the Zoning Ordinance, Step 11 Lapse a. In the event of noncompliance by the applicant with the Specific Use Permit or any conditions of approval, or if the specific use is not in operation within one year after the date of its approval, the Specific Use Permit shall expire. An applicant may file an application to renew the Specific Use Permit. Such renewal shall occur in the same manner as for original approval as provided in this section. b. Should the Specific Use cease operation for a period longer than one (1) year, then the permit shall be considered void and shall require a new application, SAMPLE STAFF REPORT FOR A SPECIFIC USE PERMIT AND CASE MAP FROM ANOTHER COMMUNITY To: Chairman and Commission Members From: Office of the City Planner Subject: SP -233, Additive Systems, Inc., 1.17 acres, 10 lots, DM, Northeast corner of Main Street and Fort Worth Street, at 407 S. Main Street Background: Applicant: Stephanie Byrd for TriArch Owner: Additive Systems, hic. Developer: Additive Systems, Inc. Engineer: NA Location: Northeast corner of Main Street and Fort Worth Street, at 407 S. Main Street Size of Tract: 1.17 Acres Number of Lots: 10 Lots Present Zoning: DM Comp Plan: Level 5 Additive Systems, Inc. (ASI), wants to expand and construct a new building at 407 S. Main Street. The company has been at this location since 1987. The property is presently zoned DM (Downtown Mixed -Use Core). The land use and operations at Additive Systems, Inc. best align with Zoning Ordinance use type "Assembly, Light Use ". This type of land use is allowed in the DM zoning district, with the approval of a Specific Use Permit (SP). As a result, applicant has submitted an application, SP -233, for a Specific Use Permit for the proposed expansion and for the "Assembly, Light Use" to occur. The new structure is to be a 4,650 square foot storage building, 25 feet in height. The new building will be located approximately 80 feet (east) from the property line along Main Street. Because of the proposed setback from Main Street, there is space available along Main Street for another building to be constructed in front of the proposed structure, in accordance with the Zoning Ordinance. Surrounding land uses and zoning classifications include the following: North: DM (Insurance office) East: R -3 & DM (Church and undeveloped) South: CH (Automotive repair shop) West: DM (Broken Arrow Museum) ACTION: APPROVAL: _ APPROVAL W(CONDITION: _DENIAL: _TABLED: _VOTE: _ The property is designated as Level 5 (Downtown) in the Comprehensive Plan. The Downtown Advisory Board (DAB) will review this application on August 18, 2009. Attachments: Case Map Aerial Photo Oblique Aerial Site plan and building elevation information submitted by applicant Additive Systems, Inc. home page Recommendation: Staff recommends SP -233 be approved as presented. Any future buildings on this property shall meet the design guidelines of the Zoning Ordinance. ACTION: APPROVAL: -APPROVAL W /CONDITION: _DENIAL: _TABLED: _VOTE: To: Mayor and City Council From: Office of the City Manager Subject: SP -233, Additive Systems, Inc., 1.17 acres, 10 lots, DM, Northeast corner of Main Street and Fort Worth Street, at 407 South Main Street Background: Additive Systems, Inc. (ASI), wants to expand and construct a new building at 407 South Main Street. The company has been at this location since 1987. The property is presently zoned DM (Downtown Mixed -Use Core). The land use and operations at Additive Systems, Inc. best align with Zoning Ordinance use type "Assembly, Light Use ". This type of land use is allowed in the DM zoning district, with the approval of a Specific Use Permit (SP). As a result, applicant has submitted an application, SP -233, for a Specific Use Permit for the proposed expansion and for the "Assembly, Light Use" to occur. The Planning Commission, in their meeting of August 27, 2009, recommended approval of SP 233 as presented. There were no protestants. Cost: None Prepared By: Reviewed By: Development Services Departments Legal Department Approved By: Attachments: Planning Commission fact sheet dated 8 -27 -09 Case Map Aerial Photo Oblique Aerial Site plan and building elevation information submitted by applicant Additive Systems, Inc. home page Recommendation: Approve SP 233 as presented. ACTION: APPROVAL: -APPROVAL W/ CONDITION: _ DENIAL: _TABLED: -VOTE: _