HomeMy WebLinkAbout2012.06.04_Planning Commission AgendaOWASSO PLANNING COMMISSION
June 4, 2012
6:00 PM
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING COMMISSION
TYPE OF MEETING:
Special
DATE:
June 4, 2012
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 1:00 PM on June 1, 2012.
Mars Hensley, Assistant City Pla er
OWASSO PLANNING COMMISSION
Monday, June 4, 2012 at 6:00 PM
Old Central
109 North Birch
AGENDA
1. Call to Order
2. Roll Call
3. Public Hearine - Rezonine OZ 12 -03, Willis Farms • Consideration and
appropriate action related to the request for the review and acceptance of a
zoning map amendment to rezone 29.98 acres of land from AG (Agriculture) to
CS (Commercial Shopping). The general location of the property is the
northeast corner of North 129`h East Avenue and East 96th Street North.
4. Adjournment.
Otvasso Planning Conw+ission
DATE:
June 4, 2012
TO:
Owasso Planning Commission
FROM:
Bronce L. Stephenson, City Planner
CASE fi:
OZ 12 -03
SUBJECT:
Zoning Map Amendment
AREA:
29,98 acres
EXISTING LAND USE:
Agricultural / Residential
LAND USE PLAN:
Commercial
PRESENT ZONING:
AG (Agricultural)
PROPOSED ZONING:
CS (Commercial Shopping)
Surrounding Land Use /Zoning Designations:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
CS
North
(Commercial
Commercial
Commercial
City of
Shopping)
Owasso
CS(Commercial
South
Shopping) /RS -2
Commercial
Commercial /Residential
City of
(Single Family
Owasso
Residential
RS -2
East
(Single Family
Church
Transitional
City of
Residential
Owasso
CG
West
(Commercial
Commercial
Commercial
City of
General
Owasso
Background:
When determining zoning on a property within the Owasso fenceline, staff relies on zoning maps
provided by the Indian Nation Council of Governments ( INCOG), where the official zoning maps
are maintained. The INCOG maps provided to the City of Owasso show the subject property to
be zoned as Commercial Shopping (CS). A mistake was made on INCOG's zoning map several
years ago and the subject property was coded and shown as CS, even though it was, in fact,
still zoned AG (Agricultural). The subject property was located outside of the Owasso City Limits
In Tulsa County at the time of the mapping error.
When the property was annexed Into the City of Owasso In 2006 through Ordinance # 869, it was
assigned CS zoning according to the INCOG zoning map. This annexation involved ten parcels
throughout the entire City, and included the 29,98 acre subject property. The annexation
ordinance was officially recorded in Tulsa County on August 3, 2006. Because the property was
never actually rezoned from AG to the assumed CS zoning while still in Tulsa County, this rezoning
Is necessary. So that INCOG, other Tulsa County Departments, and the City of Owosso, who
were all using the same incorrect zoning map, will have correct and accurate information.
The Tulsa Metropolitan Planning Commission, who handles rezoning cases for Tulsa County, was
contacted regarding this situation once it was determined that the zoning map may be
incorrect. After an extensive search of their records, they found no ordinance that rezoned the
subject property from the AG to CS while the property was In Tulsa County's jurisdiction. INCOG
indicated that the best explanation as to why the maps reflected CS zoning on this property was
due to an error made when the area was updated for their digital maps. In the conversion of
the zoning maps to the digital format In 2003, INCOG indicated that they have discovered other
similar mistakes, especially when properties were located adjacent to city limit boundary lines or
were mistaken for zoning lines,
Analysis:
On April 17, 2012 the City Council approved the Final Plat for the Willis Farms Addition (Sam's
Club) under the assumption that the property was zoned CS. Because It has been discovered
that the property Is actually zoned AG, the proposed commercial use for the property would be
non - conforming. In order to correct the mapping error and ensure that the proposed
commercial uses are conforming to the zoning, the property must be rezoned from AG to CS by
ordinance approved by the City Council. The approval of the plat and the site plan for the
development of the site are not impacted by this rezoning action and would still be valid.
The proposed rezoning of the subject property from AG to CS is an appropriate action, The
property is situated on the hard corner of two section line roads (E 96th St N & N 129th E Ave),
Commercial areas at hard corners of section line roads have been an established nodal
development pattern in Owasso for a number of years, and this rezoning fits within that pattern.
Additionally, the other properties on the corner of this intersection are zoned commercially and
have developed in a commercial fashion.
The subject property is also adjacent to US -169 highway access points and fronts East 96th St N,
which is the main commercial corridor In the City of Owasso. Commercial zoning Is appropriate
in areas that have direct and easy access to major transportation systems.
Neighboring property owners to the south of the site who are concerned with the development
of the subject property have stated that an area of OL (Office Light) zoning should be placed
i
along the E 961h St N frontage to offer a buffer. If the subject property was directly abutting a
residential area, staff might agree that a buffer should be in place, but the homes are across a
section line road that will eventually become six (6) lanes in width. The residential properties are
not abutting the subject site and the areas are buffered by the E 96th St N right -of -way, existing
fencing, required building setbacks and landscaping in the area. Based upon the location of
the residential homes to the south of the subject property, the width of the right-of-way of E 96 +h
St N and the required setbacks for commercial properties. there would be approximately one-
hundred seventy -five feet minimum between the residential homes and any commercial
structures that could be built on the subject property. Based upon these reasons, additional
zoning buffers are not appropriate for this rezoning action.
The Council's previous action on the Construction Agreement with the developer of the Sam's
site will further improve the area for the current residents and the future commercial tenants.
The City of Owasso required much more stringent public improvements to be made surrounding
the site that will protect neighboring property owners and will make this area viable for
development for the next few decades, The City kept the needs and safety of current residents
and businesses near the subject property in mind when making the additional requirements of
the Construction Agreement; with the intended result of better Infrastructure, improved
transportation, additional stormwater controls and better quality of life.
Staff finds that CS zoning is appropriate and establishes the highest and best use of the subject
property. The Owasso Land Use Master Plan Identifies the subject property for Commercial uses
and has shown it as appropriate for Commercial development prior to it being annexed into
City Limits. The smaller parcels on the subject property abutting E 96th St N will also be subject to
the rules and regulations of the US -169 Overlay that was recently adopted. The Overlay will
ensure that architecture, use, and site design elements will be complementary to the
surrounding area and the Overlay requirements will provide additional protections to
neighboring properties. Along with the US -169 Overlay requirements, the newly adopted
landscape chapter of the Owasso Zoning Code has strict requirements on the installation of
required plant materials that will screen uses from roadways and surrounding properties. A
street yard along E 96th St N will provide street trees that will offer screening and the required
parking lot yard will screen unsightly parking lots from the surrounding area. The combination of
Owasso's progressive Zoning Codes, Including the US-169 Overlay, Landscape Chapter, Lighting
Ordinance and Parking Chapter will ensure that this site will develop in an attractive, responsible
and safe manner that will have minimal Impacts on the surrounding area.
Letters were mailed to surrounding property owners within 300' of the subject property and the
notification was published in the Tulsa World,
Land Use Master Plan:
Irrespective of the annexation and subsequent mapping errors, the property has been identified
for commercial uses since 2000, The land use master plans adopted in both 2000 (2010 Land Use
Master Plan) and In the 2004 update (2025 Land Use Master Plan), indicate the subject property
Is an appropriate location for commercial uses, Therefore, any rezoning action on the subject
property should be assigned a commercial zoning.
Additionally, the 2010 and the 2025 Land Use Master Plans call for the preservation of prime
commercial tracts of land through effective land use planning. This zoning action adheres to
the goals of the Land Use Master Plan.
Recommendation:
Staff recommends approval of Zoning Map Amendment OZ 12 -03 rezoning the subject property
from AG to CS.
Attachments:
1, Area Map
2, Aerial Map
3. Zoning Map
4. 2010 Land Use Master Plan
5. 2025 Land Use Master Plan
Willis R s Addition
1" = 752 ft I Area Map I 06/01/2012
map represents a visual display of related geographic inform ado n. Data provided hereon is not a guarantee of actual field conditions. Tolle sure of complete accuracy,
ie contact Owasso staff for the most up-to -date information.
Willis Fz ; Addition
1" = 752 ft Aerial Map 06/01/2012
IThis map represents a visual display of related geographic information. Data provided hereon Is not a guarantee of acbual field conditions. To be sure of complete accuracy,
lease contact Owasso staff forthe most up- to-date information.
Willis Fa ;Addition
I" = 752 ft Zoning Map 0610112012
map represents a visual display of related geographic information. Data provided hereon Is not a guarantee of actual field conditions. To be sure of complete accuracy,
,e contact Owasso staff for them a st up -to -date informati on.
Willis F< s Addition
1" = 752 ft Land Use Map 06/01/2012
map represents a visual display of related geographic information. Data provided hereon Is not a guarantee of actual field conditions. To he sure of complete accuracy,
M contact Owasso staff for the most up-to -date information.
LEGEND
Land Use
NOT TO SCALE
2025 Land Use Map CITY OF OWASSO
LEGEND
NOT TO SCALE
2025 Land Use Map CITY OF OWASSO