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HomeMy WebLinkAbout2011.11.07_Planning Commission AgendaRecord Book OWASSO PLANNING COMMISSION November 7, 2011 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: November 7, 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 Hall at 10:00 AM on November 3, 2011. Marsha Hensley, Assistant City Plann OWASSO PLANNING COMMISSION Monday, November 7, 2011 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the September 12, 2011 Regular Meeting. 4. Zoning Code Amendment - Closing Process - Consideration and appropriate action related to a request to review and recommendation to the City Council of a proposed change of the process for closing an easement. 5. Zoning Code Amendment - Definitions - Consideration and appropriate action related to a request for the review and recommendation to the City Council the acceptance of a proposed change of the Definitions Chapter. 6. Discussion of Upcoming Planning Initiatives. 7. Report on Items Previously Forward to City Council. 8. Report on Monthly Building Permit Activity. 9. Economic Development Report. 10. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, September 12, 2011 The Owasso Planning Commission met in regular session on Monday, September 12, 2011 at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 10:00 a.m. on September 9, 2011. ITEM 1. CALL TO ORDER Dr. Callery called the meeting to order at 6:00 p.m. PRESENT ABSENT Dr. Mark Callery Dr. Paul Loving Alex Mills David Vines Tammy Laakso A quorum was declared present. STAFF Karl Fritschen Julie Lombardi Marsha Hensley Bronce Stephenson Dan Salts Dwayne Henderson Chief Yancy Assistant Chief Chambless Michael Barnes ITEM 3. CONSIDER APPROVAL OF THE MINUTES OF AUGUST 8, 2011 REGULAR MEETING The Commission reviewed the minutes of August 8, 2011 regular meeting. Dr. Loving moved, seconded by Alex Mills, to approve the minutes. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried 5 -0. ITEM 4. FINAL PLAT - OLD SHELL PARK (BOYD DENTISTRY) - CONSIDERATION AND APPROPRIATE ACTION RELATED TO A REQUEST FOR THE REVIEW AND THE jam) ACCEPTANCE OF A FINAL PLAT CONSISTING OF ONE (1) LOT, ON APPROXIMATELY 2.431 ACRES OF LAND. THE GENERAL LOCATION OF THE SUBJECT PROPERTY IS 8523 NORTH 125 EAST AVENUE. OWASSO PLANNING COMMISSION September 12, 2011 Page No. 2 Brance Stephenson presented the item, recommending Planning Commission approval of the final plat for Old Shell Park. David Vines moved to approve the final plat request subject to the following: • Indicate a 6' screening fence on the south end of the property. • Show the limits of no access along the west side of the property, Tammy Laakso seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried 5 -0. ITEM 5. FINAL PLAT -THE RESERVE ON ELM CREEK - CONSIDERATION AND APPROPRIATE ACTION RELATED TO THE REQUEST FOR THE REVIEW AND ACCEPTANCE OF A FINAL PLAT CONSISTING OF FIFTY -ONE (51) LOTS, THREE (3) BLOCKS, ON APPROXIMATELY 19.75 ACRES. THE SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF EAST 66TH STREET NORTH AND NORTH 129TH EAST AVENUE. Bronce Stephenson presented the item, recommending Planning Commission approval of the final plat for The Reserve on Elm Creek. Alex Mills moved, seconded by David Vines, to approve the final plat request subject to TAC and Staff recommendations. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried 5-0. Item 6. SUP 11 -02- POLICE MULTI USE TRAINING FACILITY - CONSIDERATION AND APPROPRIATE ACTION RELATED TO A REQUEST FOR THE REVIEW AND THE ACCEPTANCE FOR A SPECIFIC USE PERMIT TO ALLOW FOR A POLICE TRAINING FACILITY IN AN AGRICULTURE DISTRICT. THE GENERAL LOCATION OF THE SUBJECT PROPERTY IS EAST 71sT STREET NORTH AND MAIN STREET, JUST SOUTH OF THE OWASSO WASTEWATER TREATMENT PLANT. Bronce Stephenson presented the item, recommending Planning Commission approval of SUP 11 -02- Police Multi Use Training Facility. David Vines moved, seconded by Alex Mills, to approve SUP 11 -02, subject to all parking areas and the access roads be paved with an all- weather, dust free surface. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried 5 -0. OWASSO PLANNING COMMISSION September 12, 2011 Page No. 3 Item 7. AMENDMENT TO THE 2025 LAND USE MASTER PLAN - CONSIDERATION AND APPROPRIATE ACTION RELATED TO A REQUEST FOR THE REVIEW AND ACCEPTANCE OF AN AMENDMENT TO THE 2025 LAND USE MASTER PLAN TO ALLOW FOR INDUSTRIAL DEVELOPMENT LOCATED ON LOT 1, BLOCK 1, AND ALL OF LOTS 2 AND 3 OF BLOCK 1, ELM CREEK ESTATES FIRST ADDITION (MINGO COMMERCE CENTER). Bronce Stephenson presented the item, recommending Planning Commission approval of the amendment to the 2025 Land Use Master Plan to allow industrial development located on Lot 1, Block 1, and all of Lots 2 and 3 of Block 1, Elm Creek Estates lsf Addition. Tammy Laakso moved, seconded by Dr. Loving, to approve the amendment to the Land Use Master Plan. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried 5 -0. Item 8. ZONING CODE AMENDMENT - CLOSING PROCESS - CONSIDERATION AND APPROPRIATE ACTION RELATED TO A REQUEST TO REVIEW AND RECOMMENDATION TO THE CITY COUNCIL OF A PROPOSED CHANGE OF THE PROCESS FOR CLOSING AN EASEMENT. Bronce Stephenson presented the item, recommending Planning Commission approval of the Owasso Zoning Code amendment for a proposed change of the process for closing an easement. Alex Mills moved, seconded by David Vines, to approve the above amendment to the Owasso Zoning Code, subject to the following recommendations: Change the language to read: Prior to the closing of a public way or easement, a public hearing shall be conducted by the Planning Commission and the City Council. Restructure the text amendment language in order to help the public understand the process. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried 5-0. Item 9. ZONING CODE AMENDMENT - DEFINITIONS - CONSIDERATION AND APPROPRIATE ACTION RELATED TO A REQUEST FOR THE REVIEW AND RECOMMENDATION TO THE CITY COUNCIL THE ACCEPTANCE OF A PROPOSED CHANGE OF THE DEFINITIONS CHAPTER. OWASSO PLANNING COMMISSION September 12, 2011 Page No. 4 Bronce Stephenson presented the item, recommending Planning Commission approval of the Owasso Zoning Code amendment- Definitions. There was discussion regarding the possible need to add verbiage stating that the administrator shall be allowed some degree of flexibility should there be an unusual circumstance arise. David Vines moved, seconded by Alex Mills, Vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried to table 5-0. to table this item until the next meeting. A Item 10 PROPOSED CHANGES TO CHAPTER 20 OF OWASSO ZONING CODE - CONSIDERATION AND APPROPRIATE ACTION RELATED TO A REQUEST FOR THE REVIEW AND RECOMMENDATION FOR THE PROMULGATION OF RULES OF CHAPTER 20, LANDSCAPE REQUIREMENTS OF THE OWASSO ZONING CODE. Bronce Stephenson presented the item, recommending Planning Commission approval of the Owasso Zoning Code amendment for the proposed changes to Chapter 20 of Owasso Zoning Code. Steps to the Promulgation of Rules were explained. Discussion was held regarding the section describing the installation and general maintenance of the landscape materials. Alex Mills moved, seconded by Tammy Laakso, to approve the above amendment to the Owasso Zoning Code as stated in the draft. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Loakso NAY: Vines Motion carried 4 -1. Item 11 REPORT ON ITEMS PREVIOUSLY FORWARD TO CITY COUNCIL. • Rezoning OZ 11 -04, Mingo Commerce Center Item 12 REPORT ON MONTHLY BUILDING PERMIT ACTIVITY. Item 13 ECONOMIC DEVELOPMENT REPORT. Item 14 ADJOURNMENT -Tammy Laakso moved, seconded by Alex Mills, to adjourn the meeting. A vote on the motion was recorded as follows: YEA: Callery, Loving, Mills, Vines, Laakso NAY: None Motion carried 5 -0 and the meeting was adjourned at 8:05 p.m. OWASSO PLANNING COMMISSION September 12, 2011 Page No. 5 Chairperson Vice Chairperson Date TO: City of Owasso Planning Commission FROM: Bronce L. Stephenson City Planner SUBJECT: Proposed Zoning Code Amendment — Closing of Easements and Rights -of -Way DATE: November 7, 2011 BACKGROUND: The Owasso Zoning Code is a document that needs to be updated and /or clarified periodically.. In working with citizens to address problems with developing their properties, staff has discovered that there is not currently a codified process for the closing of rights -of -way and easements in the Owasso Zoning Code. Closing a right -of -way or easement removes the ability for the City to enter into the easement and removes the right -of -way from being used by the public. Oklahoma State Statute requires jurisdictions to establish a process for the closing and vacation of easements and rights -of -way. Though a similar process has been used in the past, staff is bringing forward an official closing process for official inclusion in the Subdivision Regulations of the Owasso Zoning Code so that there is no ambiguity in how the closing of easements and rights of way are handled in the future. The Owasso Planning Commission reviewed this item at their regular meeting on September 12, 2011. At that meeting, the Planning Commission voted 5 -0 to recommend that the City Council approve the text amendment with the addition of language regarding the vacation portion of the process and language requiring that the Planning Commission review the closing cases prior to review by the City Council. Staff has made changes and has also amended the language to reflect Oklahoma State Statute regarding the closing of easements and rights -of -way. Staff did not include the Planning Commission as a reviewing body for closing applications due to the nature of the application. This type of application is not a land use case and therefore does not require Planning Commission review. Closings of rights -of -way or easements are traditionally only reviewed by the City Council and could add at least a month to the applicants' timeline if the Planning Commission reviews the cases as well. Staff feels that review by TAC, City staff and the City Council is sufficient for this type of application. Staff is bringing the item back to the Planning Commission for additional review. PROPOSED AMENDMENT TO THE ZONING CODE: The proposed amendment to the City of Owasso Zoning Ordinance will amend the Subdivision Regulations, by adding a section for the closing of rights -of -way and easements as "Section 3.5.5 Easement and Rights -of -Way Closure Process" and would read as follows: Section 3.5.5 Easement and Rights -of -Way Closure Process All requests for the closing of any public way or easement within the City of Owasso shall be submitted, with the appropriate documentation as outlined in this article, to the Community Development Department. Prior to the closing of a public way or easement, a public hearing shall be conducted by the City Council. Written notice of any proposed closing of public way or easement shall be provided to any holder of a franchise or other entity determined to have special rights or privileges granted by the legislative body. The required notice shall be given at least thirty (30) days prior to the public hearing. The closing of any public way or easement shall only be allowed through an ordinance passed by the City Council. The City of Owasso shall retain the right to reopen any public way or easement without expense to the City. The public way or easement may be reopened by ordinance when: 1. The City of Owasso City Council deems it necessary; or 2. An application of the property owners owning more than one half in area of the property abutting the public way or easement to be closed is filed with the City of Owasso Community Development Department. It is also suggested that applicants vacate the public way or easement by proceeding through district court. A public way or easement can only be vacated after the City Council approves the closing ordinance and the ordinance is taken to the court. Vacating the public way or easement forecloses on the City's right to reopen the public way or easement. No building permit may be issued for any development of an area unless the easement or right -of -way has been closed and vacated. RECOMMENDATION Staff recommends the Planning Commission approval of the attached text amendment to the Subdivision Regulations of the Owasso Zoning Code. ATTACHMENTS: A. Oklahoma State Statute Title 11, Chapter 1, Article XLII TO: City of Owasso Planning Commission FROM: Bronce L. Stephenson City Planner SUBJECT: Proposed Zoning Code Amendments - Definitions for Amenity and Accessory Dwelling Unit DATE: November 7, 2011 BACKGROUND The Owasso Zoning Code is a document that requires updating and /or clarification on a periodic basis. In working with applicants and developers, staff has discovered that the terms Amenity and Accessory Dwelling Unit are not clearly defined within the Owasso Zoning Code. An amenity is a very important aspect in development of new commercial and residential properties and should be clearly defined to avoid confusion or misunderstanding. The term accessory dwelling unit is important to define within the Zoning Code because it is used frequently in language designed to protect single - family neighborhoods by promoting uniformity within these neighborhoods where necessary. In order to clarify certain requirements and assist applicants, citizens, and staff when interpreting text, these additions and updates to the Zoning Code are needed. Staff does not anticipate any great changes due to these additions, but they will assist staff in ensuring that development is performed responsibly within the City of Owasso. The Owasso Planning Commission reviewed this item at their regular meeting on September 12, 2011. At that meeting, the Planning Commission suggested that staff add language regarding approval for proposed amenities being decided by the Administrator from the Community Development Department. The Planning Commission also requested that staff review the definition for accessory dwelling unit to ensure compliance with all applicable building codes and subdivision regulations. Staff has made the requested modifications and has brought these definitions back to the Planning Commission for additional review. PROPOSED AMENDMENT TO THE ZONING CODE: The proposed amendment to the City of Owasso Zoning Ordinance will amend Chapter 14, Definitions, by adding a definition for Amenity and amending the definition for Accessory Dwelling Unit. The proposed definitions are as follows: Amenity: Any tangible benefit to a piece of a property, . especially those that increase its attractiveness or value or that contributes to the comfort or convenience of the nearby residents. Tangible amenities might include park areas, swimming pools, tot lots, or playgrounds, disc golf course of nine baskets or more, walking trails or bike paths, tennis courts, basketball courts, picnic areas, or similar facilities that allow people to recreate, gather and socialize. The Administrator shall determine if an amenity meets the intent of this language. In most cases, parking should be provided for the amenity, Accessory Dwelling Unit: A subordinate residential unit incorporated within, attached to, or detached from a single- family residential unit and having its own sleeping and sanitation facilities. This term shall refer to guest suites, mother -in -law quarters, and similar type uses. Such subordinate unit shall not be otherwise segregated in ownership from the principal residential unit and shall not be used for rental purposes. RECOMMENDATION Staff recommends the Planning Commission a pprove the text amendments to the Owasso Zoning Code. RESIDENTIAL NEW CONSTRUCTION MONTH END REPORT OCTOBER 2011 Month 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 1 January 23 64 54 30 31 22 13 25 15 17 18 2: 100 50 0 2001 3 March 48 51 38 75 65 50 25 35 30 46 14 4 :;;A 1 462 1 433 1 307 .:iii:.: ...... 277 236 161 5 May 26 38 29 31 . . . ....... 43 36 60 23 27 30 20 6 OCTOBER YEAR-TO-DATE DOLLARS 40,000,000 35000000 30,000,000 25,000,000 7 July 37 44 32 34 27 12 23 24 28 17 . 20 2007 008 2009 2010 2011 OCTOBER 28, 3,594,010 1 19,571,936 9 September 29 30 52 64 35 12 17 40 20 11 12 2008 2009 11 November 24 26 35 31 32 13 Totals 406 624 479 528 5118 336 301 267 303 246 161 YTD 353 463 393 462 433 307 267 251 277 236 161 OCTOBER YEAR-TO-DATE COUNT goo 450 40,000,000 CITY OF OWASSO RESIDENTIAL LOT INVENTORY STATUS October 31, 2011 SUBDIVISION # OF LOTS # DEVELOPED # AVAILABLE Burberry Place (6/09) 89 34 55 Camelot Estates (4/07) 139 44 95 Carrington Pointe f (1/11) 171 23 148 Champions East (05/08) 66 6 60 Champions West (5/08) 45 2 43 Country Estates III (3/99) 61 58 3 Country Estates VI (11/03) 37 36 1 Crescent Ridge (02/08) 101 93 8 Fairways V (8/99) 71 57 14 Fairways VI (12/00) 42 40 2 Falls at Garrett Creek (12/05) 85 84 1 Falls at Garrett Creek Amended (12/05) 24 22 2 Honey Creek (4/02) 202 198 4 Keys Landing (3/08) 131 91 40 Lake Valley IV (5/2010) 114 48 66 Lakes at Bailey Ranch (10107) 235 158 77 Maple Glen (12108) 98 93 5 Maple Glen II (1/11) 93 36 57 Nottingham Estates IV (8/01) 20 17 3 Nottingham Estates V (3/01) 44 43 1 Nottingham Hill (6/09) 58 8 50 Preston Lakes (12/00) 272 243 29 Preston Lakes III (10/04) 147 144 3 Remington Park II (11/04) 84 82 2 Sawgrass Park II (04/05) 96 94 2 The Summit at Southern Links (6/97) 31 26 5 Watercolours (12/02) 40 31 9 TOTALS 2596 1811 785 Watercolours (12/C The Summit at Southern Links (6/9 Sawgrass Park II (0410 Remington Park II (11/0 Preston Lakes III (10/0 Preston Lakes (12101 Nottingham Hill (6/0! Nottingham Estates V (310', Nottingham Estates IV (8/01 Maple Glen II (1111 Maple Glen (12108 Lakes at Bailey Ranch (10/07 Lake Valley IV (512010 Keys Landing (3/08 Honey Creek (4102' Falls at Garrett Creek Amended (12/05; Falls at Garrett Creek (12105) Fairways VI (12100) Fairways V (8/99) Crescent Ridge (02108) Country Estates VI (11103) Country Estates III (3199) Champions West (5/08) Champions East (05/08) Carrington Pointe 1(1/11) Camelot Estates (4107) Burberry Place (6109) CITY OF OWASSO 0 50 100 150 200 250 Lots Developed UTotal Lots 300 0 50 100 150 200 250 Lots Developed UTotal Lots 300 Month 1 January 5 May COMMERCIAL NEW CONSTRUCTION MONTH END REPORT OCTOBER 2011 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 0 0 0 1 2 9 4 4 1 1 3 14 5,380,616 OCCUPANCY PERMITS NAME ADDRESS IANUARY 2011 oe's Italian Grill 9500 N. 129th E. Ave. tometown Auto 402 C South Main 7EBRUARY 2011 iterstate Battery 7703 #5 E. Owasso Exp. AARCH 2011 :Irby Vacuums 11330 N. Garnett #M APRIL 2011 kpollo Services, Inc. 7732 N. Owasso Exp. #A army Recruiting Office 9500 N. 129th E. Ave. AAY 2011 .oren & CW Houk 8819 N. 145th E. Ave. lore2Love 1178 S. Main St. UNE 2011 )avita Dialysis 9521 N Owasso Exp. e's Chicken 11651 E. 76th St. LILY 2011 :at Clinic 9540 N. Garnett Rd. # :ngineering Firm 302 E. 5th Ave # letter Sound Owasso 9045 N 121 E Ave #1100 AUGUST 2011 2/20/2011 :atholic Diocese Church 1002 North Forest Drive 'anda Express 12403 E. 96th St. N. ;EPTEMBER 2011 1/7/2011 ire In The Hole 126 S. Main St. APPLICATION OPENING COMPLETE DATE DATE 1/5/2011 1/15/2011 Yes 1/31/2011 2/1/2011 Yes 2/14/2011 2/20/2011 Yes 3/1/2011 3/31/2011 Yes 4/14/2011 4/29/2011 Yes 3/29/2011 4/28/2011 Yes 5/12/2011 6/15/2011 Yes 5/24/2011 5/28/2011 Yes 1/7/2011 6/22/2011 Yes 3/4/2011 6/28/2011 Yes 2/18/2011 7/31/2011 Yes 7/1/2011 7/31/2011 Yes 7/15/2011 7/18/2011 Yes 8/8/2011 8/30/2011 Yes 1/3/2011 8130/2011 Yes 9/1/2011 9/23/2011 Yes ICTOBER 2011 )'Reilly Auto Parts 13318 E. 116th St. N. 10/31/2011 10131/2011 Yes op Cut 12409 E. 96th E. Ave. 10/31/2011 10/31/2011 Yes IOVEMBER 2011 iECEMBER 2011 PERMITS APPLIED FOR IN OCTOBER 2011 ADDRESS BUILDER ADD /ZONE VALUE A.S.F. PERMIT # DATE 1 ^°09 E 110 PI N Simmons Homes LVIV/RS -3 $ 115,000 1922 11- 1001 -X 10/4/2011 s . J N 76 E Ave Tyner Homes CP/RS -3 $ 161,820 2697 11- 1002 -X 10/5/2011 10195 E 94 StN Blue Haven FWIV/RS -3 $ 50,000 595 11- 1003 -P 10/5/2011 10581 N 121 E Ave Simmons Homes BBP/RS -3 $ 154,620 2577 11- 1004 -X 10/10/2011 15001 E 110 PIN Capital Homes LVIV/RS -3 $ 103,000 1723 11- 1005 -X 10/10/2011 7490 Owasso Ex A -Max OBP /CG $ 13,000 120