The URL can be used to link to this page

Home My WebLink About2012.08.13_Planning Commission AgendaRecord Copy OWASSO PLANNING COMMISSION August 13, 2012 6:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: August 13, 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 4:00 PM on August 8, 2012. Mars ley, Assistant City P nner OWASSO PLANNING COMMISSION Monday, August 13, 2012 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the July 2, 2012 Special Meeting 4. Annexation #OA 12 -01 - Consideration and appropriate action related to a request for the annexation of approximately 49.94 acres, located on the west side of North Mingo Road approximately one - quarter mile north of East 106th Street North. 5. Final Plat - 96`h Street North Center - Consideration and appropriate action related to the request for the review and acceptance of a final plat consisting of two (2) lots, one (1) block on 2.200 acres located approximately 332' east of the northeast corner of East 96th Street North and North Garnett Road. 6. Lot Split #OLS 12 -01- Consideration and appropriate action related to the request for the review and acceptance of a lot split located on a tract of land described as Lot 1, Block 23, Original Town of Owasso. 7. Public Hearing - Minimum Side Yard Setbacks for Swimming Pools - Consideration and appropriate action related to a request to review and recommendation to the City Council of a draft for a proposed zoning code text amendment regarding Chapter 2, Section 240.2 (F). 8. Report on Items from the 23, 2012 TAC Meeting • Easement Closure - 9308 East 91St Street North • Lot Split - Lot One, Block 23, Original Town of Owasso • Final Plat - 96th Street North Center • Site Plan - Freddy's Frozen Custard Et Steakburgers 9. Report on Items Previously Forward to City Council • Rezoning #OZ 12 -03, Willis Farms 10. Community Development Report • Project Status Update • Report on Monthly Building Permit Activity • Report from Economic Development Director • Public Works Project Status Update 11. Discussion on Planning Commission Member Training Workshop, October 5, 2012, 11:OOAM - 2:OOPM. 12. Adjournment OWASSO PLANNING COMMISSION MINUTES OF SPECIAL MEETING Monday, July 2, 2012 The Owasso Planning Commission met in regular session on Monday, July 2, 2012 at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 10:00 a.m. on June 29, 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 Dwayne Henderson Chelsea Harkins Brian Dempster Warren Lehr Julie Lombardi Rodney Ray ITEM 3. Approval of Minutes from June 4, 2012 Special Meeting. The Commission reviewed the minutes. David Vines moved, seconded by Tammy Laasko, to approve the minutes. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 4. Approval of Minutes from June 11, 2012 Regular Meeting. The Commission reviewed the minutes. OWASSO PLANNING COMMISSION July 2, 2012 Page No. 2 Tammy Laasko moved, seconded by Dr. Loving, to approve the minutes. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 5. 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 forty -four (44) residential lots, in five (5) blocks on approximately 9.93 acres, located on the east side of Maple Glen II and approximately a half of a mile north of East 106th Street North. Bronce Stephenson presented a brief overview, recommending the Planning Commission approval of the preliminary plat of Maple Glen III. Alex Mills moved, seconded by David Vines, to approve the preliminary plat subject to TAC and staff requirements. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0. ITEM 6. Public Hearing - Rezonina 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 96rh Street North. Alternative zoning designations may be considered. Bronce Stephenson presented an overview, recommending the Planning Commission approval of the rezoning #OZ 12 -03, Willis Farms. Mr. John Moody, attorney representing the Winsor Lake Homeowners Association, Dale Alimena and other residents in the vicinity, hand delivered a letter to the Commissioners, regarding the zoning application (attached). PUBLIC HEARING WAS OPENED AT 6:17 PM. Approximately forty -seven (47) citizens were present. The following comments were expressed: Everyone that wishes to speak will have three (3) minutes in order to do so. A group of five (5) citizens may allocate their time to a representative to allow one person to speak for ten (10) minutes. Mr. Dale Alimena stated that three (3) citizens are going to use the ten (10) minute limit. Mr. John Moody, Mr. Greg Alberty and himself. OWASSO PLANNING COMMISSION July 2, 2012 Page No. 3 Julie McCortt- 9314 North 133 East Avenue - Thinking about the safety issue. Please do not recommend commercial zoning. Concerned with the North 133 East Avenue signal light that is to be at the entrance of Windsor Lake. Trees are not a buffer, six (6) lanes of traffic is not a buffer. The traffic report that was done was not correct. Jennifer Koscelny - 9225 North 133 East Avenue - Not against Sam's coming to Owasso. Not happy with the site plan. Consider office light zoning. Concerned with traffic at that location. Eli Smith - 9217 North 133 East Avenue - At the last planning commission meeting I asked the Commissioners to discuss the Life Church location with the Nottingham residents and the impact the church had on them. Has any of you spoken to anyone from Nottingham Estates? How wants to live next to a six (6) lane roadway? Infrastructure concerns. You talk about the previous land use plans, plans change and neighborhoods change. Look at alternative sites. For instance, the vacant land east of the Neighborhood Market on East 86 Street North. If Sam's Club builds at this location it will have negative impact on our property values. John Moody, Attorney for Windsor Lake residents -This property lacks proper buffering. There needs to be a buffer of lower intensity zoning across the street that allows only for less intense uses between residential and commercial zoning. Arterial streets are not good buffers. Subdivision regulations require the service roads to service the out parcels. Site plan shows out parcels along East 96 Street North. Too many access points off of East 96 Street North. Vote no and bring back as a PUD. Possibly an office zoning for a buffer along East 96 Street North. The zoning map shows the property to the northeast has an office zoning buffer. Mr. Moody pointed out, all on Owasso zoning map, that several parcels in Owasso have office zoning as a buffer. Dale Alimena - 9316 North 132 East Avenue - Twenty -nine acres is too much land to consider a hard corner. Vote no. Don't rush this process. This is going too fast. Traffic study is flawed. Think about the traffic, think about your residents. Consider the dam at Windsor Lake. Commercial zoning across from residential is not normal. Have concern for the citizens. There are a lot of children in our neighborhood, fear for their safety. The streets along East 96 Street North are caving in. Fear for wife and children pulling out into traffic on East 96 Street North. This project is a safety hazard and a health hazard for this community. Tom Koscelny - 9225 North 133 East Avenue - Lived here for 17 years. Not opposed to the rezoning, but we need to look closer at the points. Concerned with safety. More access points increases safety risks. We need an access management study. What is the price of progress. Burt Stuburg - 9206 North 103 East Avenue - Need to consider a transitional zoning buffer. It keeps the higher intensity uses away from residential. Consider offsetting the access points. Have Sam's access off service road. Buffer along East 96 Street North with office zoning. Jill Phillips - 9318 Norf h 133 East Avenue - Stop and consider what you are doing. OWASSO PLANNING COMMISSION July 2, 2012 Page No. 4 Children will be at risk. Make this property light commercial. Jenny Woods - 13301 E 94 Place North - Opposed to the rezoning. Quality of life is what we want. We like the fields. Will drive the families out of town. Office zoning would be a better solution. We want to see the horses on that property stay. Josh McAlister- 13108 East 95 Court North - Lived in Owasso 20 years. Sam's is not built like this in other areas. Greg Alberty - 13307 East 95 Place North - Thank you for your service. Loves Owasso and was raised here. Never thought that corner would be a blanket commercial zoning. Asked to pass on this hearing and sit with the developers to make the neighbors happy. Meet with the neighborhoods. Take time to consider everything, don't rush. Control land use in this area. Wants Sam's to do a PUD. Require a buffer of office light zoning. There will be 24 hour businesses in that development. Trees are not buffers. Read an email that was sent to Owasso City Council. Jordan Alimena - 9316 North 132 East Avenue - If it's God will, Sam's will come. If God doesn't want Sam's to be built, it might be built but something might happen. Ken Krisoft - 9110 North 137 East Avenue - Nottingham HOA president. Here to support the Windsor Lake people. If the intersection was at my street, I would be concerned. The use of the frontage road would lessen the impact. Not opposed to Sam's, just needs buffering. Dan Collard - 13105 East 95 Street North - thought about living in Jenks, but decided on Owasso. Progress is fine but don't rush. Carol Wells - 9309 North 133 East Avenue - Love Owasso and love Sam's. Don't want Sam's in my backyard. Keri Phillips - 9005 North 135 East Avenue - Supports the Sam's Club project. It will bring 300 plus jobs to the area. Wishes more consideration for the traffic. Wade Schenk -13202 East 92 Place North -Sam's Club is a good thing for Owasso, but look at a transition zone between Sam's and the out parcels. Consider an entrance into Sam's on the service road. PUBLIC HEARING WAS CLOSED AT 7:25 PM. David Vines moved, seconded by Dr. Callery, to approve the rezoning of #OZ 12 -03, Willis Farms from AG (Ag(culture) to CS (Commercial Shopping). A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso NAY: Mills Motion carrrii 4 -1. OWASSO PLANNING COMMISSION July 2, 2012 Page No. 5 Dr. Callery requested a ten (10) minute recess. Dr. Callery moved to recess. Alex Mills seconded. A vote on the motion was recorded as follows: YEA: Callery, Loving, Vines, Laakso, Mills NAY: None Motion carried 5 -0 and the meeting was in recess at 7:31 PM. The meeting was called back to order at 7:40 PM. ITEM 7. Discussion Regarding Minimum Side Yard Setbacks for Swimming Pools, Owasso Zoning Code, Chapter 2,240.2 (F). ITEM 8. Report on Items from June 27, 2012 TAC Meeting. Preliminary Plat -Maple Glen III ITEM 9. Report on Monthly Building Permit Activity. ITEM 10. Economic Development Report. ITEM 11. ADJOURNMENT - Tammy Laasko 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 Motion carried 5 -0 and the meeting was adjourned at 8:07 PM. Chairperson Vice Chairperson Date JOHN W. MOODY ATTORNEY, AT LAW 6004 South Marion Avenue Tulsa, Oklahoma 74135 Telephone /Fax 918- 728 -7528 Email: johnw.moody@gmaii.com July 2, 2012 Via Hand Delivery City of Owasso Planning Commission Owasso, Oklahoma Re: Zoning Application No. OZ- 12 -03, Northeast Corner of the Intersection of U.S. Hwy 169, N. 129th E. Ave. and East 96th Street. I represent the Windsor Lake Homeowners Association, Dale Alimena and other residents in the vicinity of the property subject to the above - referenced zoning application for a Sam's Club. My clients are not opposed to a Sam's Club per se, but are opposed to the commercial zoning application as requested without any limitation on the uses that can be made of the frontage on E. 96th Street. We believe the Planning Commission should require the applicant to file a planned unit development application for the subject property so that the Planning Commission and City can impose development standards that would protect the residential additions and homes on the south side of East 96th Street. We also believe that the Planning Commission should zone the property fronting the residences on E. 96th St. only for office use under the O. L. Light Office Zoning District. This would not prevent the Sam's Club from being developed on the site as proposed, but would provide a proper transitional zoning buffer and office development that would be less harmful and damaging to the residences. E. 96th St. is not an adequate buffer. In order for a buffer to sufficiently protect residential properties, it must be a true physical buffer that will screen lights, signs, views, noise and reduce the impact of traffic on a residential neighborhood. Allowing unrestricted commercial development on a tract this size actually causes East 961h Street to become a substantial part of the problem created by the commercial development by increasing the traffic, noise, lights and other adverse impacts of the zoning. East 96th Street becomes an adjunct of the commercial development, not a buffer to it. We also request the Planning Commission require a service road or mutual access road be installed by the developer on the E. 96th St. frontage and reduce the number of driveways and access points allowed on E. 96th St.. This is a normal requirement to prevent traffic conflicts as stated in your own Subdivision Regulations. My clients respectfully ask you to treat this application and development the same as you would treat any new commercial development of this size that is proposed in a developed residential area. We have other suggestions, such as limiting the number of Owasso Planning Commmission July 2, 2012 Page 2 of 2 restaurants, signs and requiring landscaping that will be presented at the hearing and ask that you give serious consideration to my clients' requests and concerns. Homeowners Association, Dale Alimena, et al Owasso Planning Commission DATE: August 10, 2012 TO: Owasso Planning Commission FROM: Bronce L. Stephenson, City Planner CASE #: OA 12 -01 SUBJECT: Request for annexation. BACKGROUND: The City of Owasso received a request for annexation for a 49.94 acre piece of property known as the Powderhorn Ranch. The subject property is in Tulsa County and zoned AG (Agriculture). The applicant is petitioning the City of Owasso to annex the property and then rezone it to allow for residential development. SURROUNDING ZONING: ANALYSIS: The City of Owasso received a request for the annexation of approximately 49.94 acres of l nch g- quarter , with a and. The subject property is located on the west side of N Mingo Road approximately one mile north of East 106 +h Street North. The subject property lies in an area prone to floodin portion of the property In the 100 and 500 year floodplain and floodway of Ra Access to the majority of the property would be facilitated through the constructio Creek. n of abridge North (Small Lot Single - Family Residential Residential City of Residential Owasso South AG A ricultural Residential Residential Tulsa County RS -3 East (Small Lot Single- Family Residential Residential City of Residential Owasso AG -R West (Agriculture- Residential Residential Tulsa County ResiciPntinh ANALYSIS: The City of Owasso received a request for the annexation of approximately 49.94 acres of l nch g- quarter , with a and. The subject property is located on the west side of N Mingo Road approximately one mile north of East 106 +h Street North. The subject property lies in an area prone to floodin portion of the property In the 100 and 500 year floodplain and floodway of Ra Access to the majority of the property would be facilitated through the constructio Creek. n of abridge over Ranch Creek that would provide access to N Mingo Road, with a secondary access point through the Hillside Addition to the north of the property. If the property is annexed into the City Of Owasso, the applicant will be required to follow City of Owasso development procedures, which include rezoning, and the approval of preliminary and final plats. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as prescribed by the Public Works Department including, but not limited to, stormwater detention, paved streets and sidewalks. Upon the development of the property, the developer would be required to pay the Emergency Storm Siren Fee ($35.00 per acre). The project would be served with Owasso sanitary sewer service, Owasso Fire and EMS service, and water would be provided by Washington County Rural Water District #3. A fifteen (15) inch sanitary sewer line runs along the creek in the southeast portion of the property. The City of Owasso would be able to adequately serve the property with utilities and emergency services. The subject property is called out for residential uses according to the 2025 Land Use Plan. Staff published legal notice of the annexation petition in the Owasso Reporter on June 29, 2012, and letters of notification were mailed to property owners within a 300' radius of the subject property. 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 Rezonina The second step in the development of a piece of property in Owasso is rezoning. When c 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 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. ANNEXATION COMMITTEE: Owasso Annexation Committee met on July 25, 2012 and recommended approval of the annexation request. RECOMMENDATION: Staff intends to recommend approval of the annexation of Powderhorn Ranch ATTACHMENTS: A. Area Map B. Aerial Map Sports Park Owasso Sports Park 08/03/2012 This 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, please contact Owasso staff for the most up- to-date information. TO: The Owasso Planning Commission FROM: Bronce L. Stephenson City Planner SUBJECT: Final Plat -96th Street North Center PARCEL SIZE: 2.2 Acres ZONING: CG (Commercial General) DATE: August 10, 2012 BACKGROUND: The City of Owasso received a final plat for review and approval of the 96th Street North Center. The subject property is 2,2 acres in size and is comprised of two (2) lots on one (1) block. The eastern lot will be the site for a new Braum's Ice Cream and Dairy Store. This property was annexed into the City of Owasso by Ordinance No. 737 and the property was rezoned to CG (Commercial General) by Ordinance No. 992. SURROUNDING ZONING: Direction Zoning Use- land Use Plan JurisdicHon CG North (Commercial Vacant Commercial Tulsa County General South Agriculture Commercial A ricGural East AG Single - Family Commercial Tulsa County (Agricultural) Residential CG West (Commercial Vacant Commercial Tulsa County General ANALYSIS: The final plat for the 96th Street North Center consists of two (2) lots on one (1) block on approximately 2.2 acres. The applicant is platting the property for the purposes of developing a Braum's Ice Cream and Dairy Store and an available commercial lot. The subject property is located approximately 332' east of the northeast corner E 96th St N and N Garnett Road. The final plat proposes access onto E 96th St N in the form of three (3) Limits of Access (LOA) points. The two easternmost LOA's will be the shared driveway points that will serve the 96th Street North development, with the western LOA being combined with a Mutual Access Easement (MAE). The western MAE will serve the 96th Street North Center development and will be a shared entrance with the property located west of the subject property, once that property is annexed and platted. Another MAE is proposed at the northeastern portion of the plat that will allow the sites to connect with future development to the east and to the north with the intent of providing cross access to reduce the number of traffic conflict points on arterial streets. Staff is working with the developer and surrounding property owners to develop a comprehensive approach that will ensure this important commercial corridor develops in a safe yet attractive manner. There is a perimeter utility easement shown on the plat will provide utility companies' access to service the development. Technical Advisory Committee (TAC): The Technical Advisory Committee reviewed the preliminary plat for the 96th Street North Center at their regularly scheduled meeting on July 25, 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, water, and EMS service will be provided by the City of Owasso. The property is subject to any applicable payback fees, including the Storm Siren fee of $35 per acre. This area falls within the Garnett Regional Detention Facility Payback area, which is assessed at $30,737 per acre. RECOMMENDATION: Staff recommends the Planning Commission approve the final plat ATTACHMENTS: A. Area Map B. Aerial Map C. Final Plat 96th Street North Center D. TAC Comments 1 = 376 ft 06/07/2012 This 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, please contact Owasso staff for the most up-to -date intormation. OWASSO TECHNICAL ADVISORY COMMITTEE Wednesday, July 25, 2012 City Hall, Lower Level Conference Room PRESENT ABSENT David Vines Chief Garrett Dan Salts Jerry Gammill Karl Fritschen Larry Clark -Cox Tim Maxey — AT &T Rick Shoemaker - ONG Bronce Stephenson Marsha Hensley Daniel Dearing Mike Barnes Brian Dempster NOTES FROM JULY 25* TAC MEETING 3. EASEMENT CLOSURE — 9308 East 91 Street North David Vines- * Define the number of feet that is left after the closure. Public Works- Exhibit #2 is incorrect. Make sure not to mix up with old legal when closing. Clarify the exhibits before presenting to City Council. AT &T- Tim Maxey • No comments Community Development- 0 No comments. AEP/PSO • No comments. Fire Department- 9 No comments 4. LOT SPLIT #OLS 12 -01 David Vines- An agreement regarding the easement should be part of this lot split. Public Works- * Concerns regarding service lines that may cross over the property. AT &T- Tim Maxey • No comments Community Development- * No comments AEP /PSO • No Comments Fire Department- 0 No comments 5. Final Plat — 96th Street North Center David Vines- Show a cross access agreement. • File for separate instrument on the entrance of Lot 2. Public Works- Add language in the Deed of Dedication confirming main authority of the access easement if one of the lot sells. AT &T- Tim Maxey • A 4" conduit is needed. Community Development- * Show address on final plat. AEP/PSO • No Comments Fire Department- • No comments 6. SITE PLAN — FREDDY'S FROZEN CUSTARD & STEAKBURGERS David Vines- Show the location of the monument sign. • Make sure that the trash enclosure matches the building. Public Works- * Engineering comments have been submitted. AT &T- Tim Maxey • No comments. Community Development- s Place shade trees every other tree. AEP /PSO -Steve Williams • No Comments Fire Department- • No comments Owasso Planning Commission TO: The Owasso Planning Commission FROM: Bronce L. Stephenson City Planner SUBJECT: Lot Split OLS -12 -01 PARCEL SIZE: 0.24 acres ZONING: CH (Commercial High - Intensity) DATE: August 10, 2012 BACKGROUND: The City of Owasso received a lot split application for review and approval of OLS- 12 -01. The subject property is 0.24 acres in size and is currently houses an office building and a telecommunication tower site. SURROUNDING ZONING: Direction Zonina Use Land Use Plan Jurisdiction CH North (Commercial Commercial Commercial City of High-intensity) Owasso CH South (Commercial Commercial Commercial City of High-Intensity) Owasso CH East (Commercial Commercial Commercial City of Hiah-Intensitv) Owasso CH West (Commercial Commercial Commercial City of Hi h- Intensi Owasso ANALYSIS: A lot split is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split that creates no more than three (3) lots fronting on an existing, dedicated street, which does not involve any new public street or road, or the extension of municipal facilities, the creation of any public improvements, and is not in conflict with any provision or portion of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. The City of Owasso received a request for the review and approval of a lot split on a piece of property located at eh southeast corner of E Isr Ave and Birch St, also known as the North 75' of Lot 1, Block 23, Original Town Owasso. The proposed lot split would separate a portion of the existing 0.24 acre tract into a 35 ft. by 35 ft. (0.03 acre) tract. The portion of the property to be separated from the parent tract is currently used as a telecommunication tower site. The lot split would allow the telecommunications tower to operate on a separate lot instead of leasing the space from the parent property owner. The tract to be created would have access to the public alley directly to the west and would have access to Birch St to the east via an access and utility easement. Though the tract to be created would be small, it would be in conformance with the City of Owasso Zoning Code. Technical Advisory Committee (TAC): The lot split was reviewed by the Owasso Technical Advisory Committee on July 25, 2012. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. There were no major comments made at the TAC meeting that necessitated any changes to the drawings. The TAC comments are attached. RECOMMENDATION: Staff recommends approval of OLS -12 -01 ATTACHMENTS: A. Area Map B. Aerial Map C. TAC Comments D. Lot Split Survey E. Lot Split Contract Document 1 " = 94 ft 08108/2012 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, n' contact Owasso staff for the most up- to-date Information- OWASSO TECHNICAL ADVISORY COMMITTEE Wednesday, July 25, 2012 City Hall, Lower Level Conference Room PRESENT ABSENT David Vines Chief Garrett Dan Salts Jerry Gammill Karl Fritschen Larry Clark -Cox Tim Maxey — AT &T Rick Shoemaker - ONG Bronce Stephenson Marsha Hensley Daniel Dearing Mike Barnes Brian Dempster NOTES FROM JULY 25h TAC MEETING 3. EASEMENT CLOSURE — 9308 East 91 Street North David Vines- • Define the number of feet that is left after the closure. Public Works- Exhibit #2 is incorrect. Make sure not to mix up with old legal when closing. Clarify the exhibits before presenting to City Council. AT &T- Tim Maxey • No comments Community Development- s No comments. FAWJ• 01 • No comments. Fire Department- * No comments 4. LOT SPLIT #OLS 12 -01 David Vines- An agreement regarding the easement should be part of this lot split. Public Works- 9 Concerns regarding service lines that may cross over the property. AT &T- Tim Maxey • No comments Community Development- s No comments AEP/PSO • No Comments Fire Department- • No comments 5. Final Plat — 96th Street North Center David Vines- Show a cross access agreement. • File for separate instrument on the entrance of Lot 2. Public Works- Add language in the Deed of Dedication confirming main authority of the access easement if one of the lot sells. AT &T- Tim Maxey • A 4" conduit is needed. Community Development- * Show address on final plat. AEP/PSO • No Comments Fire Department- 0- No comments 6. SITE PLAN — FREDDY'S FROZEN CUSTARD & STEAKBURGERS David Vines- Show the location of the monument sign. • Make sure that the trash enclosure matches the building. Public Works- 9 Engineering comments have been submitted. AT &T- Tim Maxey • No comments. Community Development- * Place shade trees every other tree. AEP/PSO -Steve Williams • No Comments Fire Department- * No comments OWASSO DOWNTOWN (222411) CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA Site Name: DT Owasso REAL ESTATE ACQUISITION AGREEMENT Site Number: 222411 THIS REAL ESTATE ACQUISITION AGREEMENT (this "Agreement ") is made effective as of the later signature date hereof (tire "Effective Date "), by and between USCOC of Greater Oklahoma, LLC, an Oklahoma limited liability company ( "Buyer "), and Timothy P. Rich and Patricia A. Rich, husband and wife, as joint tenants with right of survivorship ( "Seller "). In this Agreement, Buyer and Seller are sometimes jointly referred to as "the Parties" and singly as a "Party". WITNESSETH: WHEREAS, Seller is the fee owner of a certain parcel of land, along with timber, water, and mineral rights and all other rights appurtenant thereto, located in the County of Tulsa, State of Oklahoma, as more particularly described on Exhibit A, attached to and by this reference incorporated into this Agreement (the "Owner's Property"); and WHEREAS, Seller currently leases the Owner's Property, or a portion thereof, along with access and utility easements, to Buyer pursuant to the terms of that certain Ground Lease dated the 31" day of August 1997, between Seller, as Lessor and Buyer, as successor in interest to United States Cellular (Greater Tulsa) a corporation, doing business as United States Cellular Wireless communications as Lessee (the "Lease "); and WHEREAS, Buyer desires to acquire, and Seller desires to sell, that portion of the Owner's Property that Buyer leases pursuant to the Lease, and a permanent access and utility easement thereto. NOW THEREFORE, for and in consideration of Ten Dollars ($10.00), the covenants and agreements set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Buyer and Seller covenant and agree as follows: 1. Conveyance. On the terms and subject to the conditions set forth in this Agreement, at Closing (as such term is defined in Section 3 below), Seller shall convey to Buyer, or an affiliate of Buyer, and Buyer, or an affiliate of Buyer, agrees to purchase from Seller, that portion of the Owner's Property that Buyer leases pursuant to the Lease, together with a permanent access and utility easement(s) thereto, as shown in Exhibit A, which shall be attached hereto and made a part hereof (hereinafter, the "Property"). Seller shall convey good and marketable fee simple title to the Property by a recordable Warranty Deed ( "Deed ") and/or recordable easements (each, an "Easement ") in a form acceptable to Buyer, in Buyers sole discretion, excepting only: (i) any real estate taxes ( "Real Estate Taxes ") not yet due and payable; (ii) any third -party leases affecting any part of the Property, including, without limitation, the Lease (collectively, the "Third -Party Leases ") that are approved in writing by Buyer in Buyer's sole discretion; and (iii) such other title exceptions that are specifically waived or approved in writing by Buyer, in Buyer's sole discretion. 31 ClosinE. Subject to the terms and conditions of this Agreement, the closing of the purchase and Exhibit A Legal Description of the Owner's Property: The North Seventy-five (75) feet of Lot One (1), Block Twenty-Three (23), Original Town Of Owasso, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. Legal Description of the Property: A 35 feet x 35 feet portion of the Owner's Property, together with access and utility easement(s). A SURVEYED LEGAL DESCRIPTION SHALL SUPERSEDE THE FOREGOING TO: City of Owasso Planning Commission FROM: Bronce L. Stephenson City Planner SUBJECT: Proposed Zoning Code Amendments - Swimming Pool Setbacks DATE: August 12, 2012 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 required setbacks for pools and other accessory structures in residential zoning districts requires a ten (10) foot setback from side and rear property lines. In many cases this setback is greater than Is required for the primary structures on the property. Considering this, the larger setback seems to be greater than necessary. Additionally, the current development trends are for smaller lots in residential subdivisions, which have much less yard area for swimming pools and other accessory structures. Staff feels that a reduced setback equal to the required building setbacks for the zoning district of the lot is more appropriate. For instance, an RS -3 (Small Lot Single - Family Residential) lot would allow for a five (5) foot setback, but an RE (Residential Estate) lot would require a fifteen (15) foot setback. These rules would apply to in- ground pools only, with above- ground pools still requiring a ten (10) foot minimum setback for an RS -3 lot. Most residential lots have a 17.5 or 11 foot utility easement at the rear of the property that would be more restrictive than any required setbacks. The proposed ordinance would continue to read that no pool or other structure can be built within an easement. The Owasso Planning Commission held an initial discussion at the Special Meeting on July 2, 2012. At that meeting, the Planning Commission suggested that staff include language with any proposed text amendment allowing the Administrator from the Community Development Department flexibility in making determinations about the appropriate setback for pools, and only allowing for five (5) foot setbacks in some cases. Staff considered this and Included language that provided flexibility to the Administrator to make determinations in this area. PROPOSED AMENDMENT TO THE ZONING CODE: The proposed amendment to the City of Owasso Zoning Ordinance will amend Chapter 2, Section 240 by making the following changes: 240.2 Permitted Yard Obstructions Obstructions are permitted in required yards as follows: (A) Cornices, canopies, eaves and similar architectural features may project into a required yard. (B) Fire escapes may project into a required yard (C) Fences, hedges, plant materials and walls may be located in any yard provided that on any corner lot on which a front and side yard is required, no wall fence, sign, structure, or any plant growth which obstructs sight lines at elevations between two (2) and six (6) feet above the crown of the adjacent roadway shall be placed or maintained within a triangle formed by measuring from the point of intersection of the front and exterior side lot lines a distance of 25 feet along said front and side lot lines and connecting the points so established to form a "sight triangle" on the area of the lot adjacent to the street intersection. Fences and walls within yards shall not exceed the city height of eight (8) feet. Any fence or wall which projects into or encloses a required front yard shall not exceed a height of four (4) feet. The Board of Adjustment, as a Special Exception, may modify these limitations. (D) Signs which are permitted in residential districts may be located within any yard which is bounded by a public street. (E) In the RS Residential Districts, a detached accessory structure may be located in a required rear yard provided (1) the structure or structures do not cover more than 20 percent of the area of the minimum required rear yard and, (2) the total gross floor area for any accessory building or buildings located in the rear yard, required rear yard, and or both, shall not exceed 750 square feet. (The Board of Adjustment upon application, and after notice and public hearing, may grant a special exception of E (2) above.) (F) Swimming pools, hot tubs, Tennis courts, patios, satellite dishes, and protective shelters shall be located in the rear yard and shall have a minimum setback of ten (10) feet from any side yard or rear lot lines. The walls of all in- ground swimming pools shall be placed no closer to the edge of any property line than the required building setbacks of the zoning district in which the property is located. A minimum five (5) foot setback shall be maintained for any pool and no portion of any pool or equipment shall encroach into any easement. All above - ground pools shall be a minimum of ten (10) feet from any property line and shall not encroach into any easement. Diving boards, slides, or other appurtenances may not be Placed within any required setback or within any easement. The Administrator may modify the provisions of this code in certain circumstances where it may be necessary to ensure the safety and privacy of adjoining neighbors. However, the Board of Adjustment may, upon application and after public hearing, permit the aforementioned accessory uses in the front yard provided; (1) the minimum front yard requirement is adhered to, and (2) a minimum setback of ten feet from any side lot line is met. RECOMMENDATION Staff recommends the Planning Commission approve the amendment to the Owasso Zoning Code. Swimming pools are allowed only in the rear yard of any residential lot. The walls of all in- ground pools shall be placed no closer to the edge of any property line than the required building setbacks of the zoning district in which the habitable structure is located. All above ground pools shall be a minimum of ten (10) feet from any property line and shall not encroach into any utility easement, whichever is greater. Decks of pools may be placed within utility easements to within two (2) feet of any property line. Diving boards, slides, tubes, or other appurtenances may not be placed on the side of the pool that is closest to an adjoining property line. A swimming pool permit is required for all swimming pools and shall include a site plan that clearly indicates the location and placement of the pool and all appurtenances on the property. All utility easements, lot dimensions, and building setbacks shall be indicated on said plan. The administer may modify the provisions of this code in certain circumstances where it may be necessary to ensure the safety and privacy of adjoining neighbors. SIDE YARD SETBACK REQUIREMENTS FROM OTHER SURROUNDING CITIES Bixby 5 feet Jenks 10 feet Edmond 5 feet Broken Arrow 5 feet Stillwater 1 2 feet Tulsa 1 3 feet RESIDENTIAL SINGLE FAMILY NEW CONSTRUCTION MONTH END REPORT JULY 2012 Month 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 1 January 54 30 31 22 13 25 15 17 18 19 2r 3 March 38 75 65 50 25 35 30 46 14 27 4 ls SMay 29 31 43 36 60 23 27 3020 23 6 3Uhe .... �.. 3 - 6 42 = -.$�' 27 ' - :2T '.34 29.... I9 .... 2;4. 7 July 32 34 27 12 23 24 28 17 20 15 s . .. ..: :. 28 12 . ...:..; 9 September 52 64 35 .. 12 .. 17 40 ... 20 .. 11 ..i 12 100 .; : i p I1 November 35 31 32 13 26 10 13 1 ��B 12 Totals 479 528 518 336 301 267 303 246 179 149 YTD 262 320 323 242 192 178 193 193 127 149 CITY OF OWASSO RESIDENTIAL LOT INVENTORY STATUS July 31, 2012 Burberry Place (6/09) Camelot Estates (4/07) Carrington Pointe 1(1/11) Champions East (05/08) Champions West (5/08) Country Estates III (3/99) Country Estates VI (11/03) Crescent Ridge (02/08) Fairways V (8/99) Fairways VI (12100) Falls at Garrett Creek (12/05) Falls at Garrett Creek Amended (12/05) Honey Creek (4/02) Keys Landing (3/08) Lake Valley IV (5/2010) Lakes at Bailey Ranch (10/07) Maple Glen (12108) Maple Glen II (1/11) Nottingham Estates IV (8/01) Nottingham Estates V (3/01) Nottingham Hill (6/09) Preston Lakes (12/00) Preston Lakes III (10/04) Remington Park II (11/04) Sawgrass Park II (04/05) The Summit at Southern Links (6/97) Watercolours (12/02) TOTALS # OF LOTS 89 139 171 66 45 61 37 101 71 42 85 24 202 131 114 235 98 93 20 44 58 272 147 84 96 31 40 2596 # DEVELOPED 49 51 54 6 2 58 36 93 57 40 84 22 198 96 81 187 95 72 17 43 9 243 144 82 94 26 31 1970 # AVAILABLE 40 88 117 60 43 3 1 8 14 2 1 2 4 35 33 48 3 21 3 1 49 29 3 2 2 5 9 626 Watercolours(12 /0: The Summit at Southern Links (6/97 Sawgrass Park 11 (04/0: Remington Park II (11104 Preston Lakes III (10104 Preston Lakes (12/00 Nottingham Hill (6109 Nottingham Estates V (3101 Nottingham Estates IV (8/01 Maple Glen II (1/11 Maple Glen (12108 Lakes at Bailey Ranch (10107 Lake Valley IV (5/2010 Keys Landing (3108; Honey Creek (4102; Falls at Garrett Creek Amended (12/05; Falls at Garrett Creek (12105) Fairways VI (12100) Falrvays V (8/99) Crescent Ridge (02/08) Country Estates VI (11103) Country Estates III (3/99) Champions West(5108) Champions East (05108) Carrington Pointe 1 (1111) Camelot Estates (4/07) Burberry Place (6109) CITY OF OWASSO Lots Developed OTotal Lots 300 COMMERCIAL NEW CONSTRUCTION MONTH END REPORT JULY 2012 JULYYEAR-TO-DATE COUNT 35 30 25 20 15 10 5 20031_2 4 2005 2006 1 2007 2008 2009 2010 2011 2012 2009 2010 2011 a 2012 11,380,700 _2,120,347_ 3,705.616 9,296,000 50,000= NEW CONSTRUCTION DOLLARS FOR EACH YEAR 40,000,000 30,000,000 20,000,000 10,000,000 0 2008 2010 TOTAL 20,771,125 2009 12,?83— 45,67D,347 0,700 _70,347 PERMITS APPLIED FOR IN JULY 2012 ADDRESS I BUILDER ADD /ZONE VALUE A.S.F. PERMIT # DATE j2 E 92 St N ITerryDavis LBR/RS3 $ 146,685 2667 12- 0701 -X 7/2/2012 9935 N Owasso Ex A -Max TD /CS $ 55,888 87 12- 0702 -S 7/2/2012 8300 N 74 E Ave JKolt Systems CARPI /RS3 $ 127,820 2324 12- 0703 -X 7/5/2012 11001 N 118 E Ave ISimmons Homes MGII /RS3 $ 100,815 1833 12- 0704 -X 7/9/2012 10905 N 118 E Ave I Simmons Homes MGII/RS3 $ 100,815 1833 12- 0705 -X 7/9/2012 13134 E 79 Ct N Fiesta Pools CM /RS3 $ 5,000 706 12- 0706 -P 7/9/2012 9411 N 96 E PI Executive Homes LBR/RS3 $ 155,000 2801 12- 0707 -X 7/17/2012 9205 E 94 St N Executive Homes LBR/RS3 $ 186,000 3222 12- 0708 -X 7/19/2012 9509 E 91 St N Executive Homes LBR/RS3 $ 145,000 2819 12- 0709 -X 7/19/2012 10901 N 117 E PI Simmons Homes MGII /RS3 $ 92,340 1 1939 12- 0710 -X 7/19/2012 9209 N 143 E Ave Rausch Coleman CE /RS3 $ 90,000 1 2467 12- 0711 -X 7/19/2012 9118 N 137 E Ave Pool Creations NH /RS2 $ 25,000 652 12- 0712 -P 7/20/2012 109 W I Ave Mike Mayo oubs OT /CH $ 400 32 12- 0713 -S 7/23/2012 12500 E 86 St N Owasso Land Trust 86R/CH $ 85,125 1135 12- 0714 -C 7/23/2012 403 W 2 Ave Stay Green BL /IL $ 30,000 2100 12- 0715 -C 7/23/2012 7571,7575,7574,7583 N 132 E Ave Sooner Traditions Stonebdge/PUD $ 440,000 6348 12- 0716 -X 7/23/2012 12505 E 84 St N Poolsca es EC /RS3 $ 25,000 1080 12- 0717 -P 7/24/2012 11901 E 105 PI N Simmons Homes BBP/RS3 $ 120,240 2584 12- 0718 -X 7/25/2012 10553 N 121 E Ave Simmons Homes BBP /RS3 $ 120,240 2584 12- 0719 -X 7/31/2012 11008 N 118 E Ave Simmons Homes MGlI /RS3 $ 85,980 1833 12- 0720 -X 7/31/2012 10911 N 117 E PI Simmons Homes MGll/RS3 $ 130,560 1832 12- 0721 -X 7/31/2012 10904 N 117 E PI Simmons Homes MGIURS3 $ 105,300 2155 12- 0722 -X 7/31/2012 8309 N 99 E Ave Baker Pools SL /RS3 $ 65,000 1092 12- 0723 -P 1 7/31/2012 _- Single Family $ 2,146,795 1 39,241 S Ft 2 Commercial Remodel $ 115,125 3,235 SgFt 2 Signs $ 56,288 119 S Ft 4 Pool $ 120,000 3,530 SgFt 23 Building Permits $ 2,438,208 46,125 SgFt NAME ADDRESS APPLICATION OPENING COMPLETE DATE DATE JULY 2012 AT &T 7707 N Owasso Exp #7 7/1/2012 7/3/2012 Yes Boyd Dentistry 8415 N 125 E Ave 11/15/2011 7/2012012 Yes JUNE 2012 9455 N Owasso Exp. #E 1/15/2012 2/10/2012 Yes The Copper Kiln 122 S Main St 611/2012 6/29/2012 Yes MAY 2012 12455 N. 100 E. Ave. #300 2/29/2012 2/29/2012 Yes APRIL 2012 Yes Luna De Noche 9500 N 129 E Ave #130 4/5/2012 4/12/2012 Yes Golden Dragon Taekwondo 13720 E 86 St N 4/5/2012 4/9/2012 Yes Blue Phoenix 9500 N 129 E Ave # 4/10/2012 4/26/2012 Yes MARCH 2012 Duffy's 11610 E 86 St N 3/5/2012 3/10/2012 Yes Life Church 14008 E 96 St N 5/2/2011 3/3/2012 Yes Edward Jones 9540 N Garnett 1/22/2012 3/22/2012 Yes Dayana's Hair Salon 11622 E 86 St N 3/2/2012 3/20/2012 Yes Iglesia Pentecostal 12111 N Garnett 3/22/2012 3/2212012 Yes I Nails & Spa 12412 E 86 St N 3/14/2012 3/17/2012 Yes FEBRUARY 2012 Pet Hotel 8355 N. Owasso Exp. 2/1/2012 2/3/2012 Yes Green Hill Funeral Home 9901 N. Owasso Exp. 2/6/2012 2/16/2012 Yes Akira Sushi Bar 9455 N Owasso Exp. #E 1/15/2012 2/10/2012 Yes Family Animal Medicine 9200 N. Garnett 2/22/2012 2/22/2012 Yes Owasso Medical Campus 12455 N. 100 E. Ave. #300 2/29/2012 2/29/2012 Yes JANUARY 2012 DECEMBER 2011 Dog Daycare & Kennel 8355 N. Owasso Expy NOVEMBER 2011 Ma's Caf6 11691 N. Garnett Rd. Boomarang Diner 13720 E. 86 St. N. #190 Creative Clips 12711 E. 86 PI. N. #108 OCTOBER 2011 O'Reilly Auto Parts 13318 E. 116th St. N. Top Cut 12409 E. 96th E. Ave. SEPTEMBER 2011 Fire In The Hole 126 S. Main St. "AUGUST 2011 Catholic Diocese Church 1002 North Forest Drive Panda Express 12403 E. 96th St. N. 12/1/2011 12/1/2011 Yes 11/14/2011 11/14/2011 Yes 11/16/2011 11/16/2011 Yes 11/15/2011 11/30/2011 Yes 10/31/2011 10/3112011 Yes 10/31/2011 10/31/2011 Yes 9/112011 9123/2011 Yes 8/8/2011 8/30/2011 Yes 1/3/2011 8/30/2011 Yes