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HomeMy WebLinkAbout2012.07.02_Planning Commission AgendaOWASSO PLANNING COMMISSION G�T,j OF OWA O t r 1 t \� OF THE ARP July 2, 2012 6:00 PM 0 TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION Special July 2, 2012 6:00 PM Old Central 109 North Birch Marsha Hensley 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 June 29, 2012. 1, C_�L'Af� �L Marsha Hensley, Assistant City Plan er OWASSO PLANNING COMMISSION Monday, July 2, 2012 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from June 4, 2012 Special Meeting. 4. Approval of Minutes from June 11, 2012 Regular Meeting. Preliminary Plat of Maple Glen III - Consideration and appropriate action related to the request for the review and acceptance of the Maple Glen III Preliminary Plat of seventy -eight (78) residential lots, in four (4) blocks on approximately 19.06 acres, located on the east side of Maple Glen II and approximately a half of a mile north of East 106th Street North. Public Hearing - Rezoning 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 29.99 acres of land from AG (Agriculture) to CS (Commercial Shopping). The general location of the property is the northeast corner of North 129th East Avenue and East 96th Street North. Alternative zoning designations may be considered. 7. Discussion Regarding Minimum Side Yard Setbacks for Swimming Pools, Owasso Zoning Code, Chapter 2, 240.2 (F). 8. Report on Items from the June 27, 2012 TAC Meeting. • Preliminary Plat - Maple Glen III 9. Report on Monthly Building Permit Activity. 10. Economic Development Report. 11. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF SPECIAL MEETING Monday, June 4, 2012 The Owasso Planning Commission met in regular session on Monday, June 4, 2012 at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 1:00 p.m. on June 1, 2012. ITEM 1. CALL TO ORDER Dr. Callery called the meeting to order at 6:00 p.m. ITEM 2. ROLL CALL PRESENT ABSENT Dr. Paul Loving Dr. Mark Callery David Vines Tammy Laakso Alex Mills A quorum was declared present. STAFF Karl Fritschen Marsha Hensley Bronce Stephenson Daniel Dearing Warren Lehr Julie Lombardi Rodney Ray ITEM 3. Public Hearing - Rezoning 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 (Ag(culture) to CS (Commercial Shopping). The general location of the property is the northeast corner of North 129th East Avenue and East 96th Street North. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the rezoning #OZ 12 -03, Willis Farms. PUBLIC HEARING WAS OPENED AT 6:34 PM. Approximately forty (40) citizens were present. The following comments were expressed: Julie McCartt - 9314 N 133 E Ave - Opposed to commercial zoning on this property. Office light zoning would be a better choice. Owasso is suppose to be a community with character. Make zoning changes to protect the surrounding property owners. Has OWASSO PLANNING COMMISSION June 4, 2012 Page No. 2 stormwater concerns. Sent an email to the City Council but never received a response Greg Alberty- 13307 E 95 PI No- According to the Owasso zoning code, you can consider a less intense zoning. You can consider office light zoning. Not opposed to Sam's or hard corners being commercial zoning. Opposes Bronce's statement regarding the section line being used as a buffer. Balance the harmony with the city and the citizens. The uses between commercial and office light zoning are huge. Office use should be the buffer. Place an office zoning buffer on perimeter of land. Eli Smith - 9217 N 133 E Ave - Approves of economic development and growth but we need to observe how it impacts the surrounding property uses. Interview the Nottingham residents concerning the Life Church. There are alternative locations with better infrastructure and better traffic flow. Three major concerns: 1) Other properties around town are more suitable. 2) Infrastructure problems at this site. 3) Noise pollution. Dale Alimena - 9316 N 132 E Ave - Vote no. Owasso people are affected by the way the city is doing everything at a minimum. Be fair to the citizens. We cannot prepare for our case in such a short period of time. Gale Sullenberger- 9306 N 133 E Ave - Owasso zoning code, page 83, states that we have other options in zoning. Not opposed to Sam's but the entrance at N 133 E Ave is already very busy. Please consider the needs of the Windsor Lake residents. Wayne Alberty - 9302 N 129 E Ave - Has been a planning professional for 40 years. The code states that you can consider something less than what was advertised which is CS (Commercial Shopping). We need good planning practice on this property which is not commercial zoning. It is across the street from a residential neighborhood. Do the right thing and utilize a buffer of office light zoning. Derek Chute -13209 E 94 St No - His area has not been included in this process, they were not notified. You need to deny this rezoning until issues are resolved. There are stormwater issues and traffic issues. John Leffler- 9404 N 132 E Ave - Echoes the comments from the last person. Concerns with light pollution, buffering issues, traffic on N 133 E Ave and noise pollution. Britney Keirsey - 9313 N 133 E Ave - Concerns regarding the traffic on N 133 E Ave, buffering, noise and light pollution. Property values will be affected. Vote no and wait for issues to be resolved. Adam Mock - 9504 N 132 E Ave - Vote no on commercial zoning. Denise Burnett -13001 E 93 Ct No - Buffering is important. Home Depot is very noisy and the lights are very bright. Look at a buffer zone. Caroline Wescott - 9407 N 132 E Ave - Vote no. Lives behind CVS and Walgreens close OWASSO PLANNING COMMISSION June 4, 2012 Page No. 3 by, it is very noisy. Need to consider a buffer for lighting and noise. Jon McAlister - 13108 E 95 Ct No - Has traffic concerns. Consider the entrance to be placed on the service road only. Table the item. Harold Charney - 9319 N 132 E Ave - Lived in Owasso 56 years. Visit Windsor Lake subdivision and consider to table this item to allow us time to study. Eric Wood - 13301 E 94 PI No - Want to see Sam's Club in Owasso but vote no tonight and take more time to study all the issues. Josh McAlister -13108 E 95 Ct No - CVS and Walgreens are behind us, stop and consider if it was your neighbor. Not opposed to Sam's Club, but vote no. PUBLIC HEARING WAS CLOSED AT 6:40 PM. Mr. Ray requested a two minute recess. Alex Mills moved to recess, Tammy Laakso seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0, the meeting was in recess at 6:55 PM. The meeting was back to order at 6:58 PM. Karl Fritschen stated that the new landscape and lighting ordinance, the new overlay district, and the new parking chapter are all in place and are great planning tools for this project. Mr. Lou Reynolds, the attorney for the developer, was present to answer any questions from the Commissioners. David Vines moved, seconded by Dr. Loving, to approve the rezoning of #OZ 12 -03 from AG (Agriculture) to CS (Commercial Shopping), Willis Farms. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 4. ADJOURNMENT - Tammy Laakso moved, seconded by David Vines, to adjourn the meeting. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None OWASSO PLANNING COMMISSION June 4, 2012 Page No. 4 Motion carried 5 -0 and the meeting was adjourned at 7:15 p.m. Chairperson Vice Chairperson Date OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, June 11, 2012 The Owasso Planning Commission met in regular session on Monday, June 11, 2012 at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 3:00 p.m. on June 7, 2012. ITEM 1. CALL TO ORDER Dr. Callery called the meeting to order at 6:00 p.m. ITEM 2. ROLL CALL PRESENT Dr. Paul Loving Dr. Mark Callery David Vines A quorum was declared present. STAFF Karl Fritschen Marsha Hensley Bronce Stephenson Daniel Dearing Julie Lombardi Rodney Ray ABSENT Tammy Laakso Alex Mills ITEM 3. Election of Planning Commission Chairperson. The Chair opened the floor for nominations for Chairperson. Dr. Mark Callery was nominated by David Vines, with the nomination being seconded by Dr. Loving. Hearing no further nominations, the nominations were declared closed and Dr. Callery was elected Chairperson by acclamation. ITEM 4. Election of Planning Commission Vice Chairperson. The Chair opened the floor for nominations for Vice Chairperson. Dr. Paul Loving was nominated by David Vines, with the nomination being seconded by Dr. Callery. Hearing no further nominations, the nominations were declared closed and Dr. Loving was elected Vice Chairperson by acclamation. ITEM 5. Approval of Minutes from May 7, 2012 Regular Meeting. The Commission reviewed the minutes. Dr. Loving moved, seconded by David Vines, to approve the minutes. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION June 11, 2012 Page No. 2 YEA: Callery, Loving, Vines NAY: None Motion carried 3 -0. ITEM 6. Preliminary Plat - 96th Street North Center (Braum'sl - Consideration and appropriate action related to the request for the review and acceptance of a preliminary plat consisting of two (2) lots, one (I) block on 2.200 acres, located approximately 332' east of the northeast corner of East 96th Street North and North Garnett Road. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the preliminary plat for 96th Street North Center, David Vines moved to approve the preliminary plat, subject to the limits of access on the westernmost property line be deleted and the mutual access easement points on the southwest and northeast side be shown on the final plat. Dr. Loving seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines NAY: None Motion carried 3 -0. ITEM 7. Report on Items from May 23, 2012 TAC Meeting. ITEM 8. Report on Items Previously Forwarded to City Council. ITEM 9. Report on Monthly Building Permit Activity. ITEM 10. Economic Development Report. ITEM 11. ADJOURNMENT - Dr. Loving moved, seconded by David Vines, to adjourn the meeting. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines NAY: None Motion carried 3 -0 and the meeting was adjourned at 6:40 p.m. Chairperson Vice Chairperson Date The City wit out Limits. TO: The Owasso Planning Commission FROM: Bronce L. Stephenson City Planner SUBJECT: Preliminary Plat —Maple Glen III PARCEL SIZE: 9.93 Acres ZONING: RS -3 (Single - Family Residential High - Density) DATE: June 11, 2012 BACKGROUND: The City of Owasso received a preliminary plat for review and approval of Maple Glen III subdivision. The Maple Glen III subdivision proposes forty -four (44) lots in five (5) blocks on approximately 9.93 acres of property. The applicant wishes to plat the property for the development of single - family homes and extending the Maple Glen neighborhood. SURROUNDING ZONING: V kY "W f Laiitl.Use,1,a RS -3 ;Jt)rts�{ictioda North (Single - Family Single-Family g y Residential tia City of Residential Residential Owasso AG Agriculture South (Agricultural) and Residential Tulsa County Residential AG Agriculture East (Agricultural) and Residential Tulsa Count y Residential RS -3 West (Single - Family Residential Residential City of Residential Owasso ANALYSIS: The preliminary plat for Maple Glen III is a continuation of the Maple Glen and Maple Glen 11 subdivisions. Maple Glen III would connect to existing infrastructure and would simply add lots to the existing neighborhood. The Preliminary Plat for Maple Glen III consists of forty -four (44) lots on five (5) blocks on approximately 9.93 acres of land. The property is zoned RS -3 (single - family residential high density) and would allow the proposed use. Two (2) reserve areas are proposed that will serve to carry stormwater to the regional pond that serves the development. Proper utility easements and building setback lines are depicted on the plat and meet City of Owasso requirements. The lots range in size from 7,179 square feet to 10,168 square feet with the majority of the lots at sixty -five (65) feet in width. The lots will be a part of the Maple Glen HOA and will be required to abide by all recorded covenants for the Maple Glen development. Technical Advisory Committee (TAC): The Technical Advisory Committee reviewed the preliminary plat for Maple Glen III at their regularly scheduled meeting on June 27, 2012. The TAC comments are attached. 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, police, fire, and EMS service will be provided by the City of Owasso. Water service will be provided by Washington Rural Water District. The property is subject to any applicable payback fees, including the Storm Siren fee of $35 per acre. This area falls within the Meadowcrest Relief Sewer Payback area. The applicant will have one (1) year to submit a final plat for the project from the date of Planning Commission Approval. The subdivision regulations state that any preliminary plat not receiving final plat approval within (1) year shall be null and void. RECOMMENDATION: Staff recommends the Planning Commission approve the preliminary plat subject to addressing all TAC and Engineering Department comments. ATTACHMENTS: A. Area Map B. Aerial Map C. Submitted Preliminary Plat D. TAC Comments Mar Glen 111 M 1 - 752 ft 06/28/2012 s map represents a visual display of related geographic Information. Data provided hereon Is not a guarantee of actual field condftlons. To be sure of complete accuracy, ;e contact Owasso staff for the most up-to -date information. PRELIMINARY PLAT MAPLE GLEN III OWASSO TECHNICAL ADVISORY COMMITTEE Wednesday, June 27, 2012 City Hall, Lower Level Conference Room PRESENT David Vines Jerry Gammill Karl Fritschen Tim Maxey — AT &T Bronce Stephenson Marsha Hensley Daniel Dearing Rick Shoemaker - ONG ABSENT Chief Garrett PSO /AEP Representative Larry Clark -Cox Dan Salts Police Representative Brian Dempster NOTES FROM JUNE 27'h TAC MEETING 3. PRELIMINARY PLAT — Maple Glen III Jerry Gammill- Show reserve "A" and `B" as utility easements as well as open spaces. Deed of Dedications, Item #3, should read Washington County Rural District #3 as water providers. Deed of Dedication, Item #6, add language regarding the developer being responsible for maintenance until the Homeowner's Association is formed. David Vines- Deed of Dedication, Item #5, consider merging all of the Homeowner's Association from all phases of Maple Glen. Public Works- Consider combining Homeowner's Associations from all phases. • Show city limit boundaries. • Indicate Washington County Rural District #3 as provider. • Correct the legal description as discussed. • State that the pond and reserve areas will be maintained by the Homeowner's Association AT &T- Tim Maxey • Show addresses on final plat. Community Development- * Correct mislabeled blocks. AEP/PSO -Steve Williams • No Comments ONG -Rick Shoemaker • No Comments Owasso Planning Commission DATE: July 2, 2012 TO: Owasso Planning Commission FROM: Bronce L. Stephenson, City Planner CASE #: OZ 12-03 SUBJECT: Zoning Map Amendment AREA: 29.99 acres EXISTING LAND USE: Agricultural / Residential LAND USE PLAN: Commercial PRESENT ZONING: AG (Agricultural) PROPOSED ZONING: CS (Commercial Shopping) Surrounding Land Use/Zoning Designations: his 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) I 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 29.99 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. Additionally, INCOG, other Tulsa County Departments, and the City of Owasso, who were all using the same incorrect zoning map, would now have correct and accurate information as a part of this rezoning process. 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. This item was scheduled to be brought to the City Council for review on June 5, but it was determined that the required public notice of the zoning amendment that was placed in the Tulsa World did not have the required area map. Upon discovering this, staff rescheduled the item for the July 3 City Council meeting, sent new notices to all neighboring property owners within 300 feet of the property, posted new notice on the property, and put a new legal notice with a map in the Tulsa World, meeting all noticing requirements. Analysis: On April 17, 2012 the City Council approved the Final Plat for the Willis Farms Addition (Sam's Club), subdividing the land for the development of the property. Because it was 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 for the development of the site is not impacted by this rezoning action and would still be valid. The site plan has already been reviewed by the TAC and final approval will be given after the completion of this rezoning action. The proposed rezoning of the subject property from AG to CS is appropriate, as 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 along the E 96th 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 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 96th St N and the required setbacks for commercial properties, there would be approximately one - hundred seventy -five feet (175') 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 complement the surrounding area and the Overlay requirements will add 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. Willis F, -as Addition 1" = 752 ft Area Map 06101!2012 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, se contact Owasso staff for the most up- to-clate informadon.