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HomeMy WebLinkAbout2010.05.10_Planning Commission AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: May 10, 2010 TIME: 6:00 PM PLACE: Old Central 109 North Birch NOTICE FILED BY: Larissa Darnaby TITLE: 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 May 6, 2010. Darnaby, City OWASSO PLANNING COMMISSION Monday, May 10, 2010 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the March 8, 2010 Regular Meeting. 4. L 10 -02- Consideration and appropriate action related to a request for the review and approval of a lot split of Lot 3, Block 2, Garrett Creek Center from one tract of land into two tracts of land. The proposal is accompanied by a site plan for a dental facility The subject property is located on the south side of East 116d' Street North, to the west of the Owasso Expressway, and north of North 135'' East Avenue. 5. Preliminary Plat- CarrinEtoA Pointe I- Consideration and appropriate action related to the request of an approval of a preliminary plat consisting of 171 residential lots, in 5 blocks, on approximately 45 acres of land, located on the south side of East 86's Street North approximately one quarter of a mile west of North Memorial Drive. 6. Report on Monthly Building Permit Activity. 7. Economic Development Report. 8. Community Development Report 1. Use Table Presentation and Discussion 9. Report on Planning Items Previously Forwarded to City Council. 10. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, March 8, 2010 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Marilyn Hinkle David Vines Dr. Paul Loving Charles Brown MEMBERS ABSENT Dr. Mark Callery STAFFPRESENT Steve Albert Larissa Damaby Brian Dempster Marsha Hensley Chelsea Harkins Dan Salts Karl Fritschen The agenda for the regular meeting was posted at the north entrance to City Hall on March 4, 2010 at 9:00 AM. 1. CALL TO ORDER — Marilyn Hinkle called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3, CONSIDER APPROVAL OF THE MINUTES OF FEBRUARY 8, 2010 REGULAR MEETING — The Commission reviewed the minutes of February 8, 2010 regular meeting. Charles Brown moved to approve the minutes and David Vines seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines —Yes Dr. Paul Loving — Yes Charles Brown - Yes The motion was approved 4-0. 4. Lot Split #10-01 — Consideration and appropriate action related to a request for the review and approval of a lot split on property described as a portion of Lot 3 and Lot 2, Block 24, Original Town of Owasso. Marilyn Hinkle presented the item and Larissa reviewed the staff report. The location and the surrounding land use were described. The proposal is to separate a .20 acre parcel of land being from the parent tract. The has 125' of frontage along East la Street. The proposed Lot 1 would be 8,260 square feet in size and Lot 2 would be 9,242 square feet in size. The most westerly lot would have a frontage of 59' and the easterly lot a frontage of 66'. Staff recommends approval of the lot split. The applicant was present to address any concerns the Commissioners would have. OWASSO PLANNING COMMISSION March 8, 2010 Page No. 2 Dr. Loving moved to approve the lot split, Charles Brown seconded. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David VmQs - Yo Dr. Paul Loving— Yes Charles Brown - Yes Th& moti'on carried 40. 5. Report on Monthly Building Permit Activity 6. Report on items previously forwarded from TAC. 7. Economic Development Report. 8. Report on Planning Items Previously Forwarded to City Council. 9. Adjournment — Charles Brown moved; David Vines seconded to adjourn the meeting. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines — Yes Dr. Paul Loving — Yes Charles Brown - Yes The motion carried 4-0 and the meeting was adjourned at 6:18 PM. Chairperson Vice Chairperson Date MEMORANDUM TO: PLANNING CONEWSSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: 01&10-02 REQUEST FOR A LOT SPLIT LOCATED ON THE SOUTH SIDE OF EAST 116M STREET NORTH, TO THE WEST OF THE OWASSO EXPRESSWAY, AND NORTH OF NORTH 135'$ OF NORTH 1krn EAST AVENUE. DATE: MAY 5, 2010 The City of Owasso received a request for the review and approval of a Lot Split proposing to split approximately 1.05 acres of land into two parcels. The proposal is to create two parcels, tract "a" being .45 acres in size, and tract "b" being .60 acres in size. The owners intend to sell a portion of the property for the development of a dental office. LOCATION: The subject property is located on the south side of East 116`s Street North, to the west of the Owasso Expressway, and to the North of North 135s East Avenue. EXISTING LAND USE: Undeveloped Commercial Shopping SURROUNDING ZONING DESIGNATIONS: North: Commercial Shopping/ McDonalds and Walgreens Southeast: Commercial Shopping/ Reasor's, and various other retail uses West: Owasso Expressway PRESENT ZONING: Commercial Shopping DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the City limits is made a part of the City. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. If the development is non - residential the fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. If the development is residential a site plan accompanies a building permit for each individual lot. The site plan for the residential development on the lot is reviewed by the City Planner for compliance with the zoning code and the provisions of the final plat. LOT SPLIT REVIEW PROCESS The Lot Split review process is initiated when a property owner submits an application to the City of Owasso requesting the review and approval of a lot split. The application shall be accompanied by the correct fee, legal description of the undivided tracts and tracts to be created, and survey, site plan or drawing that shows the existing and proposed conditions. Upon receipt of a complete application City staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering criteria. The proposed Lot Split is then presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and City staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC then forwards a recommendation to the Planning Commission. Finally, the Owasso Planning Commission holds a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission has the final determination on the application, as lot splits are not forwarded to City Council. ANALYSIS: As stated above, the requested lot split is in anticipation of the current owners selling the most easterly portion of their property to facilitate the future development of a dental office. The remaining portion of the property will remain undeveloped. The lot proposed to be split is currently undeveloped in the Garrett Creed Center Addition. The lot in its current state has developed with two single - family dwelling units. The lot, in its current state, has 258.04' of frontage along North 135t East Avenue If approved, proposed Lot 3A would be .45 acres in size and Lot 3b would be .60 acres in size. If the request is approved, the most westerly lot would have a frontage of 101.56' and the most easterly lot a frontage of 156.48'. The property is zoned Commercial Shopping, and the proposed use is in conformance with the zoning designation. The proposal meets all bulk and area and lot frontage requirements for the Commercial Shopping zoning district. The property owner's are aware that they will have to create a mutual access agreement and provide the City a copy of such agreement. 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. TECHNICAL ADVISORY COMMITTEE: The lot split was reviewed by the Owasso Technical Advisory Committee at their regular meeting on April 28, 2010. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The following comments were provided: • Provide city engineer a recorded copy of mutual access easement. • Development will be in Rural Water District #3 service area • Check driveway cuts along mutual access RECOMMENDATION: Staff recommends approval of OLS -10 -02. ATTACHMENTS: 1. Locate Map 2. Site Map 3. Legal Descriptions SUBJECT PROPERTY EXISTING CITY LIMITS CENTER oVAS50 OF ITS CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 Tract 3A A tract of land situated in Lot 3, Block 2, Garrett Creek Center, an addition to the City of Owasso, Tulsa County, State of Oklahoma, more particularly described as follows: Beginning at the Northwest comer of said Lot 3, Block 2; thence East along the north line of said Lot 3, a distance of 175.58 feet; thence South, a distance of 122.91 feet; thence S28°42'45 "W to a point on the South property line of said Lot 3, a distance of 25.00 feet; thence along a curve to the left having a central angle of 09°50'14", radius of 430.00 feet, chord bearing of N66°12'22 "W, chord distance of 73.74 feet and a distance of 73.83 feet; thence N71°07'29 "W, a distance of 101.56 feet; thence North along the West property line of said Lot 3, a distance of 82.23 feet to the Point of Beginning, containing 19779.50 square feet or 0.45 acres, more or less. Tract 3B A tract of land situated in Lot 3, Block 2, Garrett Creek Center, an addition to the City of Owasso, Tulsa County, State of Oklahoma, more particularly described as follows: Beginning at the Northeast corner of said Lot 3, Block 2; thence along the east property line of said Lot 3 and along a curve to the left having a central angle of 07°48'49 ", radius of 1,220.92 feet, chord bearing of S09°45'24 "W, chord distance of 166.37 feet and a distance of 166.50 feet; thence S 13°39'49 "E continuing along east line of said lot 3, a distance of 43.83 feet to the Southeast corner of said Lot 3; thence S49°33'49 "W, a distance of 56.30 feet; thence along the south line of said Lot 3 and along a curve to the left having a central angle of 20°51'04 ", radius of 430.00 feet, chord bearing of N50°51'43"W, chord distance of 155.62 feet and a distance of 156.49 feet; thence N28°42'45 "E, a distance of 25.00 feet; thence North, a distance of 122.91 feet to a point on the North property line of said Lot 3; thence East along the North property line, a distance of 113.00 feet to the Point of Beginning, containing 26,154.43 square feet or 0.60 acres, more or less. MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNA$Y CITY PLANNER SUBJECT: PRELPAINARY PLAT, CARRINGTON POINTE I DATE: MAY 5, 2010 BACKGROUND: The City of Owasso has received a request from Carrington Point Development, LLC, to review and approve a preliminary plat consisting 171 residential lots, in 5 blocks, on approximately 45 acres of land. located on the south side of East 86'h Street North and about a quarter of a mile west of North Memorial Drive. LOCATION The subject property is located on the south side of East 86th Street North and about a quarter of a mile west of North Memorial Drive. SURROUNDING ZONING: South: County Agriculture East: County Agriculture West: County Residential North: County Agriculture DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a Property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are 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. PRE�L IMNARY PLAT PRO, CESS: Upon receipt of the preliminary plat, the staff initiates the review process which begins with a thorough analysis of the proposal. The primary consideration is the proposed plat's compliance with the Owasso Zoning Code and Owasso Subdivision Regulations. The Preliminary Plat is then presented to the Owasso Technical Advisory Committee, at which time utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff make a recommendation to the Owasso Planning Commission. The Planning Commission, at a public hearing, accepts, accepts with modifications, continues to a date certain, or disapproves the preliminary plat. Approval or disapproval of the preliminary plat will be conveyed to the subdivider in writing within five (5) days after the meeting at which such plat was considered. If the preliminary plat is disapproved, the subdivider is notified of the reasons for such action and what requirements will be necessary to meet the approval of the Commission. ANALYSIS: The applicant is requesting the review and approval of the Carrington Pointe I Preliminary Plat so that they may eventually develop the property with single - family residential homes. The property was annexed and rezoned in September of 2007 to a mix of RS -2 and RS -3 zoning designations. According to the preliminary plat, the developer plans to create 171 residential lots, in 5 blocks, on approximately 45 acres of land. The property was annexed and zoned to accommodate residential uses in September of 2007. The Preliminary Plat for Carrington Pointe I was heard at the October 8, 2007 Planning Commission meeting, and was approved 3 -0 with 14 conditions. The plat is being heard tonight because the two year time frame for which preliminary plats are valid has lapsed. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Preliminary Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives and storm water detention. Sewer service and Water service will be provided by the City of Owasso. The property is subject to storm siren payback fees of $35 per acre and the Barnes sanitary sewer fee of $80.36 per acre. TECCUMCAL ADVISORY COAVOT 'EE: The Carrington Pointe I Preliminary Plat was reviewed at the Technical Advisory Regular meeting on April 28th, 2010. At that meeting, utility providers and city staff will be afforded the opportunity to comment on the application and request any changes or modifications. • Add language to the deed restrictions and covenants that would allow for a public trail easement through reserve area `D" at some point in the future. • Ensure there are no obstructions in the site triangles that would pose a traffic hazard. • Bring Lots 1, 47, 48, Block 3 into compliance with the lot width and area requirements for an RS -2 zoning designation. • Remove the layer showing existing structures so it does not show up on the preliminary plat. • Show the zoning line dividing the property into RS -2 and RS -3. RECOMMENDATION - Staff recommends the Carrington Pointe I Preliminary Plat be approved. ATTACHMENTS: 1. General Area Map 2. Minutes from the Planning Commission meeting that Approved the Preliminary Plat of Carrington Pointe I on October 8, 2007 3. Ordinance No. 904 4. A survey from Benchmark Surveying showing the boundary that identifies the area in which the RS -2 zoning designation is located 5. Carrington Pointe Preliminary Plat OWASSO PLANNING COMMISSION October 8, 2007 Page No. 3 • Show existing easements on the property • Show the existing 6" waterline crosses the south side of the property The staff recommends approval of the preliminary plat subject to the above TAC and staff requirements. Discussion was held regarding the required building setbacks. Also discussed briefly was limits of no access on North 135' East Avenue. Duane Coppick moved to approve the preliminary plat subject to TAC and Staff recommendations and subject to a 50' setback shown on the final plat along East 116' Street North and show the limits of no access on the final plat along North 138'h East Avenue. The motion was seconded by David Vines. A vote on the motion was recorded as follows: Duane Coppick - Yes David Vines -Yes Dan Draper - Yes The motion was approved 3 -0. 7. Preliminary Plat, Carrington Pointe - A request to review and accept a preliminary plat proposing 157 single - family lots on 40 acres located on the south side of East 86th Street North, approximately '/4 mile west of North Memorial. Duane Coppick presented the item and the staff report was reviewed. The development process was described. The applicant is requesting this review in order to facilitate a 154 lot residential development. The Technical Advisory Committee reviewed the plat at their September 26" meeting. At that meeting the following comments were recommended: • Show the utility easements • Clearly indicate 50' of right -of -way south of the centerline of East 861h Street North • Storm Siren fee: $16 per acre, $641.12 total • Barnes sanitary sewer payback fee: $80.36 per acre, $3,220.02 total • Show topography, with contour intervals of not more than two feet • Under section 1.2 of the declaration of covenants; change "Rural Water District No. 3, Rogers County" to "Rural Water District No. 3, Washington County" • Under section 1.8 of the declaration of covenants, change "Keys Landing I" to Carrington Pointe I" • Include street names and addresses on the final plat, as provided by the staff • Show drainage detention easement • Show the secondary emergency access • Submit construction plans to the City of Owasso and the Rural Water District OWASSO PLANNING COMMISSION October 8, 2007 Page No. 4 • Provide 20' utility easement for the water district on both sides of all roads • Provide 20' utility easement for the water district on the south side of East 86" Street North • Include the required plat language for the water district Staff recommends approval of the plat subject to the above TAC and staff requirements. Storm water detention was discussed. The applicant was present to address questions. Duane Coppick moved to approve the preliminary plat subject to TAC and Staff recommendations and show the Iocation of the storm water detention on the final plat. The motion was seconded by Dan Draper. A vote on the motion was recorded as follows: Duane Coppick - Yes David Vines - Yes Dan Draper - Yes The motion was approved 3-0. 8. Final Plat, Prairie Village Addition - A request to review and approve a final plat proposing one multi - family lot on 2.8 acres located at the northwest corner of East 116" Street North and North 129' East Avenue. Duane Coppick presented the item and the staff report was reviewed. The development process was described. The applicant is requesting this review in order to facilitate a senior independent living multi - family development on 2.83 acres. Since this is a one lot development there is no preliminary plat required. The Technical Advisory Committee reviewed the final plat at their September 26' meeting. At that meeting the following comments were recommended: • Storm sire fee: $16 per acre, $45.28 total • Remove the 24.5' statutory right -of -way notation • Show a 20' utility easement on the south sides of the property • Show required plat language in the declaration of covenants Staff recommends approval of the Prairie Village final plat subject to the above recommendations. The applicant was present to answer any questions. Discussion was held regarding the building line dimensions along East 116 Street North and North 129' East Avenue. Duane Coppick moved to approve the final plat subject to TAC and Staff recommendations and subject to indicating a 35' building line along East 116'" Street North and a 35' building Iine along North 129d' East Avenue; the motion was seconded by Dan Draper. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION October 8, 2007 Page No. 5 Duane Coppick - Yes David Vines — Yes Dan Draper - Yes The motion was approved 3 -0. 9. Report on Monthly Building Permit Activity. 10. Report on Planning Items Previously Forwarded to City Council. 11. Adjournment — Duane Coppick moved, Dan Draper seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Duane Coppick - Yes David Vines - Yes Dan Draper - Yes The motion carried 3 -0 and the meeting was adjourned at 6:55 PM. Chairperson Vice Chairperson Date TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHH' MCCULLEY CITY PLANNER SUBJECT: ORDINANCE NO. 904 DATE: September 25, 2007 BACKGROUND: At the September 18, 2007 meeting, the Owasso City Council approved the annexation and rezoning of approximately 76.37 acres, located south of East 86th Street North, approximately %4 mile west of N. Memorial. Attached is a copy of Ordinance No. 904 that formally adopts the City Council's action of September 18, 2007. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 904. ATTACHMENT: Ordinance No. 904 CITY OF OWASSO ORDINANCE NO. 904 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE /4) AND THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY-SIX (26) OF TOWNSHIP TWENTY-ONE (21) NORTH AND RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.) ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE US GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD FOUR OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21 -103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing is submitted, signed by not less than three- fourths of the legal voters and owners of not less than three- fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso; and, WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on September 18, 2007 at 6:30 PM at Old Central, Owasso, Oklahoma; and, WHEREAS, on the 18a' day of September, 2007, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21- 103, et seq., of the Oklahoma Statutes, and finther, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21 -103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE/4) AND THE SOUTHEAST QUARTER (SE /4) OF SECTION TWENTY -SIX (26) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M.) ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE NE14 OF SEC 26, T -21 -N, R -13 -E, I.B.&M.; THENCE S 88°41'42" W ALONG THE NORTH LINE OF SAID NE /4 A DISTANCE OF 13,16.87 FEET TO THE POINT OF BEGINNING BEING THE NE CORNER OF THE NW /4 OF SAID NE /4; THENCE S 01°24'03" E A DISTANCE OF 2643.58 FEET TO THE SE CORNER TO THE SW/4 OF SAID NE/4; THENCE N 88°4348" E A DISTANCE OF 1319.45 FEET TO THE SE CORNER OF SAID NE14; THENCE S 01°28 23" E ALONG THE EAST LINE OF THE SE/4 OF SAID SEC 26 A DISTANCE OF 16.50 FEET; THENCE S 88°43'48" W 16.5 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF SAID SEA A DISTANCE OF 810.08 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 653.80 FEET, A CENTRAL ANGLE OF 77°14'22", A CHORD BEARING OF S 37°12'39" W, A CHORD LENGTH OF 816.14 FEET FOR A DISTANCE OF 881.38 FEET TO A POINT ON THE EAST LINE OF THE NE/4 OF THE NW /4 OF SAID SE/4; THENCE S 01°24'32" E A DISTANCE OF 5.36 FEET TO THE SE CORNER OF SAID NE/4 NW /4 SE/4; THENCE S 88°44'14" W A DISTANCE OF 1320.19 FEET TO THE SW CORNER OF THE NW /4 OF THE NW 14 OF SAID SEA; THENCE N 01°20'41 " W A DISTANCE OF 1981.96 FEET TO THE NW CORNER OF THE SWA OF SAID NEA; THENCE N 88°42'45" E ALONG THE NORTH LINE OF SAID SW /4 NE/4 A DISTANCE OF 693.16 FEET; THENCE N 01°24'03" W A DISTANCE OF 566.60 FEET; THENCE N 88°41'42" E A DISTANCE OF 290.00 FEET; THENCE N 01°24'03" WA DISTANCE OF 755.00 FEET TO THE NORTH LINE OF SAID NEA; THENCE N 88°41'42" E A DISTANCE OF 335.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 76.37 ACRES, MORE OR LESS. bes and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward Four thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That from and after the effective date of this ordinance, the real estate and territory described below, shall be deemed to be in the RS -3 (Residential Single- Family) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Code. A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE/4) AND THE SOUTHEAST QUARTER (SE/4) OF SECTION TWENTY -SIX (26) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.) ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE NE /4 OF SEC 26, T -21 -N, R -13 -E, I.B. &M.; THENCE S 88°41'42" W ALONG THE NORTH LINE OF SAID NE/4 A DISTANCE OF 1316.87 FEET TO THE POINT OF BEGINNING BEING THE NE CORNER OF THE NW /4 OF SAID NE/4; THENCE S 01°24'03" E A DISTANCE OF 2643.58 FEET TO THE SE CORNER TO THE SWA OF SAID NE /4; THENCE N 88°43'48" E A DISTANCE OF 1319.45 FEET TO THE SE CORNER OF SAID NE /4; THENCE S 01°2823" E ALONG THE EAST LINE OF THE SEA OF SAID SEC 26 A DISTANCE OF 16.50 FEET; THENCE S 88°4348" W 16.5 FEET SOUTH AND PARALLEL WITH THE NORTH LINE OF SAID SE/4 A DISTANCE OF 810.08 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 653.80 FEET, A CENTRAL ANGLE OF 77°14'22 ", A CHORD BEARING OF S 37 °IT39" W, A CHORD LENGTH OF 816.14 FEET FOR A DISTANCE OF 881.38 FEET TO A POINT ON THE EAST LINE OF THE NE/4 OF THE NW /4 OF SAID SE /4; THENCE S 01°2432" E A DISTANCE OF 5.36 FEET TO THE SE CORNER OF SAID NE14 NW /4 SE /4; THENCE S 88°44'14" W A DISTANCE OF 1320.19 FEET TO THE SW CORNER OF THE NW /4 OF THE NW /4 OF SAID SEA; THENCE N 01°2041" W ALONG THE WEST LINE OF THE E/2 OF SAID SEC.26 A DISTANCE OF 1735.52 FEET; THENCE N 88°39'19" E A DISTANCE OF L65.00 FEET; THENCE N 01°20'41" W A DISTANCE OF 101.29 FEET; THENCE N 88°4245" E A DISTANCE OF 695.41 FEET; THENCE N 01 024'03" W A DISTANCE OF 544.76 FEET; THENCE N 88°41'42" E A DISTANCE OF 297.51 FEET; THENCE N 01°40'52" W A DISTANCE OF 922.03 FEET TO THE NORTH LINE OF SAID NE14; THENCE N 88°41'42" E A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 66.84 ACRES, MORE OR LESS. Section 4. That from and after the effective date of this ordinance, the real estate and territory described by below, shall be deemed to be in the RS -2 (Residential Single- Family) zoning district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso Zoning Code. A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NF/4) OF SECTION TWENTY -SIX (26) OF TOWNSHIP TWENTY -ONE (21) NORTH AND RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN (I.B. &M.) ACCORDING TO THE U.S. GOVERNMENT SURVEY, THEREOF, TULSA COUNTY, STATE OF OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE NE /4 OF SEC 26, T -21 -N, R -13 -E, I.B. &M.; THENCE 5 88 °41'42" W ALONG THE NORTH LINE OF SAID NEA A DISTANCE OF 1481.87 FEET TO THE POINT OF BEGINNING; THENCE S 01 °40'52" E A DISTANCE OF 922.03 FEET; THENCE S 88 °41'42" W A DISTANCE OF 297.51 FEET; THENCE S 01°24'03" E A DISTANCE OF 544.76 FEET; THENCE S 88 °42'45" W A DISTANCE OF 695.41 FEET; THENCE S 01 °2041" E A DISTANCE OF 101.29 FEET; THENCE S 88 °39'19" W A DISTANCE OF 165.00 FEET TO THE WEST LINE OF SAID NEA; THENCE N 01'20'41" W A DISTANCE OF 246.45 FEET TO THE NW CORNER OF THE SWA OF SAID NE /4; THENCE N 88 042'45" E ALONG THE NORTH LINE OF SAID SW /4 NEA A DISTANCE OF 693.16 FEET; THENCE N 01 °24'03" W A DISTANCE OF 566.60 FEET; THENCE N 88 041'42" E A DISTANCE OF 290.00 FEET; THENCE N 01'24'03" W A DISTANCE OF 755.00 FEET TO THE NORTH LINE OF SAID NE /4; THENCE N 88 °41'42" E A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING, AND CONTAINING 9.54 ACRES, MORE OR LESS. Section S. That there be Sled in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this 2nd day of October, 2007. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPRO ED AS TO RM: Julie mbazdi, City Attorney OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, May 10, 2010 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Marilyn Hinkle David Vines Dr. Paul Loving Charles Brown Dr. Mark Callery STAFF PRESENT Karl Fritschen Larissa Darnaby Brian Dempster Marsha Hensley Chelsea Harkins Dan Salts John Feary The agenda for the regular meeting was posted at the north entrance to City Hall on May 6, 2010 at 4:00 PM. CALL TO ORDER — Marilyn Hinkle called the meeting to order at 6:03 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF MARCH 8, 2010 REGULAR MEETING —The Commission reviewed the minutes of March 8, 2010 regular meeting. Dr. Loving moved to approve the minutes and David Vines seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines — Yes Dr. Paul Loving — Yes Charles Brown - Yes Dr. Mark Callery — Yes The motion was approved 5 -0. 4. OLS 10 -02 — Consideration and appropriate action related to a request for the review and approval of a lot split of Lot 3, Block 2, Garrett Creek Center from one tract of land into two tracts of land. The proposal is accompanied by a site plan for a dental facility. The subject property is located on the south side of East 1160' Street North, to the west of the Owasso Expressway, and north of North 135 °i East Avenue. Marilyn Hinkle presented the item and Larissa reviewed the staff report. The location and the surrounding land use were described. The lot proposed to be split is currently undeveloed in the Garrett Creek Center Addition. The lot has 258.04' of frontage along North 135d' East Avenue. If approved, proposed Lot 3A would be .45 acres in size and Lot 3B would be .60 acres in size. The most westerly lot would have a frontage of 101.56' and the most easterly lot a frontage of 156.48'. The proposal meets all bulk and area and lot frontage requirements for OWASSO PLANNING COMMISSION May 10, 2010 Page No. 2 the Commercial Shopping zoning district. The property owner's are aware that they will have to create a mutual access agreement and provide the City a copy of such agreement. The lot split was reviewed by the Owasso Technical Advisory Committee at their regular meeting on Apri128, 2010. The following comments were provided: • Provide city engineer a recorded copy of mutual access easement. • Development will be Rural Water District #3 service area. • Check driveway cuts along mutual access. Staff recommends approval of the lot split. The owner of the dental office was present to answer any questions. David Vines moved to approve the lot split subject to the above TAC and staff conditions, Charles Brown seconded. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Dr. Paul Loving — Yes Charles Brown — Yes Dr. Mark Callery - Yes The motion carried 5 -0. 5. Preliminary Plat — Carrington Pointe 1 — Consideration and appropriate action related to the request of an approval of a preliminary plat consisting of 171 residential lots, in 5 blocks, on approximately 45 acres of land, located on the south side of East 866' Street North approximately one quarter of a mile west ofNorth Memorial Drive. Marilyn .Hinkle presented the item and Larissa reviewed the staff report. The location and the surrounding land use were described. The property was annexed and rezoned in September of 2007 to a mix of RS -2 and RS -3 zoning designations. The plat is being heard tonight because the two -year time frame for which preliminary plats are valid has lapsed. The developer wants to create 171 residential lots, in 5 blocks, on approximately 45 acres of land. The property is subject to storm siren payback fees of $35.00 per acre and the Barnes sanitary sewer fee of $80.36 per acre. The applicant was present to address any concerns. The plat was reviewed at the Technical Advisory Committee on April 28'h, 2010. The following comments were provided: Add language to the deed restrictions and covenants that would allow for a public trail easement through reserve area "D" at some point in the future. Ensure there are no obstructions in the site triangles that would pose a traffic hazard. Bring Lots 1, 47,48, Block 3 into compliance with the lot width and area requirements for an RS -2 zoning designation. OWASSO PLANNING COMMISSION May 10, 2010 Page No. 3 • Remove the layer showing existing structures so it does not show up on the preliminary plat. • Show the zoning line dividing the property into RS -2 and RS -3. Staff recommends approval of the preliminary plat for Carrington Pointe 1. Charles Brown updated the Commissioners on the events of the 2007 plat review for Carrington Pointe. Mr. Ron Staggs was present to address concerns. Concerns were expressed regarding a second access into the development. Mr. Staggs explained that a second access in Phase H would be from the west of Barnes Elementary. There will be a hard surface up to the paved road into Phase I for the emergency vehicles access. Charles Brown moved to approve the preliminary plat subject to the above TAC and staff conditions, Dr. Loving seconded. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Dr. Paul Loving — Yes Charles Brown — Yes Dr. Mark Callery - Yes The motion carried 5 -0. 6. Report on Monthly Building Permit Activity 7. Economic Development Report. 8. Community Development Report. 1. Use Table Presentation and Discussion No action was taken on this item. The Commissioners requested a rough draft of the new use table idea and the City of Concord's version emailed to them for review. 9. Report on Planning Items Previously Forwarded to City Council. 10. Adjournment — David Vines moved; Charles Brown seconded to adjourn the meeting. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines — Yes Dr. Paul Loving — Yes Charles Brown — Yes Dr. Mark Callery - Yes The motion carried 5 -0 and the meeting was adjourned at 6:54 PM. OWASSO PLANNING COMrvHSSION May 10, 2010 Page No. 4 Chairperson woe Chairperson Date MEMORANDUM TO: OWASSO PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OZ-10 -01, A REQUEST FOR REZONING OF APPROXIMATELY .25 ACRES LOCATED AT WHAT HAS BEEN RECOGNIZED AS 108 N ATLANTA DATE: JUNE 2, 2010 BACKGROUND: In order to further facilitate the development of the property for future commercial use, Mr. Welborn requests that his property be rezoned from a Residential Multi -Family Zoning District to a Commercial Shopping (CS) Zoning District. A general area map is attached for review. PROPERTY CHARACTERISTICS: The property is currently developed and zoned RM -1 (Residential Multi - Family). The subject site is approximately .25 acres in size. The property is served by municipal water, wastewater, police, fire, and EMS service. LEGAL CONSIDERATIONS OF ZONING REQUESTS: Section 1500 of the Owasso Zoning Code outlines the city's policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on two fundamental questions: 1) Does the requested zoning allow a land use that is appropriate for the subject property, and 2) Is the requested zoning in conformance with the Owasso Land Use Master Plan? Development considerations such as traffic, roads, grading, drainage, stormwater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The proposed development for this property is unknown CONFORMANCE TO MASTER PLAN DESIGNATION: The requested zoning designation, Commercial Shopping (CS), is compatible within the Owasso Land Use Master Plan's designation for the property. ANALYSIS; The subject property lies near the southeast corner of 2 "d and Atlanta, and is adjacent to compatible zoning designations. The applicant has requested a Commercial Shopping (CS) Zoning Designation to allow for the future development of light commercial uses such as retail or office space. The requested use is found to be in accordance with the Owasso Land Use Master Plan. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives, parking, landscaping, and storm water detention. Sewer service and Water service will be provided by the City of Owasso. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. If the Commission approves this application it will then require City Council approval Staff intends to recommend approval of OZ- 10 -01. ATTACHMENT: 1. Case map 2. Legal Notice 3. Pictures of Site 108 ATLANTA I CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 NOTICE TO THE PUBLIC OF A IIEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -10 -01 Notice is hereby given that a public hearing will be held by the Owasso Planning Commission, at Old Central, 109 N. Birch, at 6:00 P.M. June 7, 2010. At the hearing, consideration will be given to the proposed change of the zoning classification of the following described property: Lot One (1), Block Twelve (12), ORIGINAL TOWN OF OWASSO ADDITION to Tulsa County State of Oklahoma, according to the recorded Plat thereof. To be considered is a rezoning located at North Atlanta and 2i' Street, from RM -1 (Multi - family) to CS (Commercial Shopping) zoning. All persons interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. In the event that such proposed rezoning is approved, in whole or in part, by the Owasso Planning Commission, said Planning Commission shall submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. For more information on the proposed rezoning contact the Owasso City Planner, City Hall, 111 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1541. Dated at Owasso, Oklahoma, this 14 " day of May, 2010. Marsha Hensley Assistant City Planner