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HomeMy WebLinkAbout2008.12.08_Planning Commission AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY TITLE: Regular December 8, 2008 6:00 PM Old Central 109 North Birch Larissa Damaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 1:00 PM on December 1, 2008. ��na7a... Va.«a✓�t --� Larissa Damaby, City Planne OWASSO PLANNING COMMISSION Monday, December 8, 2008 at 6:00 PM Old Central 109 North Birch AGENDA Call to Order 2. Roll Call 3. Approval of Minutes from the November 10, 2008 Regular Meeting. 4. Rezoning- OZ -08 -06 A request to review and approve a rezoning request of approximately .24 acres of land from an RS -3 (Single Family Residential) to an RD (Residential Duplex) Zoning District, on property located at the southeast comer of 2 "d and Atlanta. 5. Preliminary Plat — Silver Creek Commercial— A request to review and approve a preliminary plat being two commercial lots, in one block , on approximately five acres of land, located at the northwest corner of East 86ih Street North and North 145 " East Avenue. 6. Final Plat Plat- McDonald's Addition— A request to review and approve a Final Plat being one commercial lot on approximately 1. 14 acres of land, located on the north side of East 116`h Street North and the west side of North 135 "' East Avenue. 7. Report on Monthly Building Permit Activity. 8. Economic Development Report. 9. Report on Planning Items Previously Forwarded to City Council. 10. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, November 10, 2008 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Marilyn Hinkle in (Qa 6:10pm David Vines Dr. Mark Callery Dr. Paul Loving Charles Brown MEMBERS ABSENT STAFF PRESENT Eric Wiles Larissa Darnaby Daniel Dearing Marsha Hensley Julie Trout Lombardi Dan Salts The agenda for the regular meeting was posted at the north entrance to City Hall on November 3, 2008 at 1:00 PM. 1. CALL TO ORDER - Charles Brown called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF OCTOBER 13, 2008 REGULAR MEETING - The Commission reviewed the minutes of October 13, 2008 regular meeting. David Vines moved to approve the minutes and Dr. Callery seconded the motion. A vote on the motion was recorded as follows: David Vines - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes The motion was approved 4 -0. 4. Preliminary Plat - The Villas at Coffee Creek - A request to review and approve a Preliminary Plat being one multi - family residential lot on approximately 13 acres of land, located at the southwest corner of East 106 °i Street North and North 145' East Avenue. Vice Chairman Charles Brown presented the item and the staff report was reviewed by Larissa Darnaby. The Preliminary Plat proposes one multi - family lot being 13 acres in size, located at the southwest corner of East 106°i Street North and North 145 °' East Avenue. The PUD was approved April 11, 2000. The development process was described. Sewer service and water service will be provided by the City of Owasso. The property will be subject to all payback fees including storm siren fees of $16 per acre and sewer payback fees of $1000 per acre. Staff recommends approval of the preliminary plat. The Owasso Technical Advisory Committee reviewed the plat and provided the following comments: OWASSO PLANNING COMMISSION November 10, 2008 Page No. 2 • Show First Methodist Church as abutting property owner • Show city regulated flood plain • Provide book and page for utility easement • Show a 50 ft building line on E 106 "' St No & N 145" E Ave • Indicate in the covenants what entity will maintain the public areas • Show overhead lines on the north and east only Dr. Loving moved to approve the preliminary plat subject to the above staff and TAC recommendations, David Vines seconded the motion. A vote on the motion was recorded as follows: David Vines - Yes Dr. Paul Loving - Yes Dr. Mark CaIlery - Yes Charles Brown - Yes The motion was approved 4 -0. 5. Final Plat - McDonald's Addition - A request to review and approve the final plat being one commercial lot on approximately 1. 14 acres of land, located on the north side of East 1161h Street North and the west side of North 135`h East Avenue. Charles Brown presented the item and the staff report was reviewed. Larissa described the property location and the development process. The property is zoned CS (Commercial Shopping). Water service will be provided by Washington County Rural Water District No. 3. The property will be subject to all payback fees including storm siren fees of $16 per acre. The final plat was reviewed by staff and the Technical Advisory Committee on October 24, 2008. The following comments were provided: • Plat should show a 17.5' or two 10' external easements • Documentation shall be provided from the Oklahoma Department of Transportation stating future plans to widen East 116 "' Street North in regards to the southern access point being located 20' from East 116" Street North. • Once documentation is provided and adequate spacing is insured, the southern access point shall serve as a right in and right out only. • If property documentation is not provided, the Limits of No Access on the southern access point shall be widened to 40' to uphold the standards for the area (ex. Walgreens). • Plat shows the wrong plat number in left corner • Show hydrant locations Staff recommends approval of the McDonald's Addition final plat. The southern access point being a right in and right out only was discussed. Documentation is required from the Oklahoma Department of Transportation stating future plans to widen East 116'h Street North in regards to the southern access point being located 20' from East 116 "' Street North. If the City Engineer does not receive this documentation, the OWASSO PLANNING COMMISSION November 10, 2008 Page No. 3 Limits of No Access on the southern access point shall be widened to 40' to uphold the standards for the area. Concerns were expressed regarding adequate water pressure for this facility. Mr. Dan Salts, Owasso Fire Marshall, assured the Commissioners that the Fire Department is watching the water pressure very closely. Mr. Ben Aquirre was present to represent the applicant. He requested the final plat be tabled until a later date. David Vines moved to table the final plat. The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: David Vines - Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes The motion was approved 5 -0 to table the item. Final Plat - Christ' s Church of Owasso - A request to review and approve a Final Plat being one lot on approximately 14.66 acres of land, located on the north side of East 96' Street North and about a half of a mile east of North 129' East Avenue. Charles Brown presented the item and the staff report was reviewed. Larissa described the development process. The subject tract is zoned RE (Residential Estate) with a Special Exception granted by the Board of Adjustment for a church facility. The property will be subject to all payback fees including storm siren fees of $16 per acre, and $1580 per acre if tapped into the Elm Creek Sewer Interceptor. The final plat was reviewed by the Owasso Technical Advisory Committee on October 22, 2008. The following comment was provided: • Show the right -of -way off of East 96 ' Street North Staff recommends approval of the Christ' s Church of Owasso Final Plat with the above TAC recommendation. The applicant was present to answer any questions. Marilyn Hinkle moved to approve the final plat for Christ' s Church of Owasso subject to the above TAC and staff recommendation. Dr. Callery seconded the motion. A vote on the motion was recorded as follows: David Vines - Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes The motion was approved 5 -0. OWASSO PLANNING COMMISSION November 10, 2008 Page No. 4 7. Report on Monthly Building Permit Activity 8. Economic Development Report. 9. Report on Planning Items Previously Forwarded to City Council. 10. Adjournment - Marilyn Hinkle moved, Dr. Loving seconded to adjourn the meeting. A vote on the motion was recorded as follows: David Vines - Yes Marilyn Hinkle - Yes Dr. Paul Loving - Yes Dr. Mark Callery - Yes Charles Brown - Yes The motion carried 5 -0 and the meeting was adjourned at 6:35 PM. Chairperson Vice Chairperson Date MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: OZ- 08 -06, A REQUEST FOR REZONING OF .24 ACRES LOCATED AT SOUTHEAST CORNER OF 2ND AND ATLANTA. DATE: DECEMBER 1, 2008 BACKGROUND: In order to further facilitate the development of their property for duplex use, Maven Investments, LLC requests that their property be rezoned from an RS -3 (Single- Family Residential) Zoning District to an RD (Residential Duplex) Zoning District. A general area map is attached for review. The subject tract did request a Special Exception from the Board of Adjustment to allow for the encroachment of the rear yard setback. The Board of Adjustment heard the case at their regularly scheduled meeting on November 17, 2008. The request was approved unanimously contingent upon the approval of the rezoning request. PROPERTY CHARACTERISTICS: The property is currently developed with a single family dwelling unit, and is zoned RS -3 (Single Family Residential). The subject site is .24 acres in size. The property will be served by municipal water, wastewater, police, fire, and EMS service. DESCRIPTION OF RD ZONING DISTRICT• The RD zoning district is designed to permit a more intense yet compatible use of tracts in or near single- family residential and other neighborhoods. 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, stornnwater 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 a duplex. CONFORMANCE TO MASTER PLAN DESIGNATION• The requested zoning designation, RD (Residential Duplex), is allowed within the master plan's designation for the property. ANALYSIS: The subject property lies to the southeast of 2 "d and Atlanta, and is adjacent to compatible residential development. A similar duplex has recently been constructed at the northeast comer of the intersection. The applicant has requested an RD (Residential Duplex) Zoning Designation to allow for the construction of a duplex. 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 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. RECOMMENDATION: Staff recommends approval of OZ- 08 -06. ATTACHMENT: 1. Case map 2. Legal Notice 2nd ST -4 IF Aa L L 1st ST i 4L 4 BROADWAY 11-7 1-11TIrl 'I 113 N Atlanta C CITTY y OF OWASSO Legend 111.0 N. Main Street P. Box 180 O Owasso, OK 74055 North ;T 918 00 THIS M� IS 10R ip'F01�El-ri�N ONU�' Ar-TD J�� NOT ECTTEDM= TO 918.376.1500 NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -08 -06 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. December 8, 2008. At the hearing, consideration will be given to the proposed change of the zoning classification of the following described property: Lot Eleven (11), Block Five (5), 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 108 West 2nd Street, from RS -3 (Residential) to RD (Residential Duplex) 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 7" day of November, 2008. Marsha Hensley Assistant City Planner MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: PRELIMINARY PLAT, SILVER CREEK COMMERCIAL DATE: NOVEMBER 25, 2008 BACKGROUND: The City of Owasso has received a request from the SLR Owasso, LLC, applicant /owner, for the review and approval of the Silver Creek Commercial Preliminary Plat, The Preliminary Plat proposes two (2) lots in one (1) block on 5 acres of property. The applicant wishes to plat the property so that they may construct uses that are in accordance with the Commercial Shopping Planned Unit Development Number 14 Zoning Districts. LOCATION: The subject property is located at the northwest comer of East 86h Street North and North 145`h East Avenue. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: South: East 86 °t Street North East: North 1291h East Avenue West: Single - Family Residential (Silver Creek) North: Single - Family Residential (Silver Creek) PRESENT ZONING: The subject property is currently zoned CS (Commercial Shopping) OPUD 14 (Planned Unit Development Number 14) ZONING HISTORY: The subject tract was rezoned to a OPUD 14 (Planned Unit Development Number 14) with an underlying zoning designation of CS (Commercial Shopping) on November 12, 1996. 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. PRELIMINARY PLAT REVIEW PROCESS: 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 Silver Creek Commercial preliminary plat so that they may plat and eventually develop the property with commercial uses. The property was rezoned on November 12, 1996 to a Planned Unit Development Number 14 Zoning District to facilitate the proposed use. The designation outlines the development standards for the property in a commercial manner. The approved text of the Silver Creek Commercial PUD that provides supplemental standards for the development of this property is included in the agenda. The proposed layout for the commercial use associated with the plat is allowed by right according to the zoning designation and the Planned Unit Development. According to the preliminary plat, the developer would like to create two (2) lots, in one block, on 5 acres of land. 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 Final 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 will be subject to all payback fees including Storm Siren fees of $35 per acre. TECHNICAL ADVISORY COMMITTEE: The Silver Creek Commercial Preliminary Plat was reviewed by the Owasso Technical Advisory Committee at their regular meeting on November 19, 2008. 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: • Match the Legal Description from the text to drawing boundary survey • Show the scale bar • Show existing adjacent utility easements • Submit restrictive covenants • Identify Limits of Access • Identify Limits of No Access • Remove the "proposed construction" • Remove the developer from the face of the plat and place it on the site plan • Identify easements that shall be placed on Lot 2 • Show a 20 foot landscape buffer on the north side of Lot 2 RECOMMENDATION: Staff recommends acceptance of the Silver Creek Commercial Preliminary Plat. Approval of the final plat submittal will be subject to the successful execution of the Technical Advisory Committee conditions shown above. ATTACHMENTS: 1. General Area Map 2. Minutes from the Planning Commission meeting that Approved the Zoning for the subject tract 3. Silver Creek Commercial Preliminary Plat 2 Lee Rollins Property CITY or OwASSo Legend ?LOtd Pi]FFO.SB fa ,u fG 1 I 1 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 OWASSO PLANNING COMMfSSION November 12, 1996 Page No. 3 The Chair introduced the case and the staff review was given by Mr. Rooney, The proposed rezoning would create tlae needed underlying zoning in order for OPUD -14 to be considered by the Planning Commission. Tile request for RS -2, zoning is consistent with the past development trends in die, area, it also meets the Comprehensive Plan of the area. The 5 acre parcel to receive CS zoning also is consistent with tide Comprehensive Plan. Staff recommends approval of the RS -2 zoning, also staff recommends approval of the requested CS zoning. Jerry Cole moved to approve the rezoning request, Charles Willcy seconded. A vote on tile 'notion was recorded as follows: Ray Ilaynes - Yes Dewey Brown - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 5 -0. %. 01'UD -14 - 'TIM TE;RRAI - A request for approval of a Planned Unit Development OPUD 14 is located north and west of the northwest corner of E. 8601 Street North and N. 145th L. Avenue. The entire subject property contains 136.3 "t acres, eonsistiug of 131.30 acres of residential development and 5 acres of commercial development. The Chair introduced die ease and the staff review was given by Mr. Rooney. The Planning Commission reviewed a presentation made by the applicant and received comments and questions from approximately 10 interested citizens. There were concerns with traffic problems in that area and drainage questions. Also, concerns regarding fire and police protection. Dewey Brown moved to approve the OPUD -14 request subject to staff's memorandum and the following recommendations: 1- That the applicant's Development Text and Conceptual Development Pan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code, 2. That unless specifically set out in tile, standards and conditions of this PUD, single- family lots shall meet die requirements of a typical RS -2 district. 3. That unless specifically set out in the standards and conditions of this PUD, all commercial development shall meet die requirements of a typical CS district. 4. That within the PUD, the maximum number of dwellings shall not exceed 467 (underlying Rs -2 zoning would permit up to 525 dwelling units). 5. That the reference on page 16 of die PUD text pertaining I:o a lien being Placed on a I-loneowner',s Association member's "personal Property" be Changed to "real property," OWASSO PLANNING COMMISSION November 12, 1996 Page No. 4 6. That minor transfers (15% increase in a developments area's density) of dwelling units from one residential development area to another can occur if a significant change in the character of either development area is not created. 7. That all conditions imposed by the Owasso'Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. 8. That no building permits be issued within any portion of the PUD until all criteria outlined with Chapter 8 of the Owasso Subdivision Regulations are met by the developer. 9. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and matte the City of Owasso beneficiary. 10. That a detailed drainage report be submitted at the time of platting, and certification of such document by an engineer. 11. That if the street layout proposed is similar to that which is proposed, a stop sign shall be. required at the third 4 -way intersection from E. 86th Street North. 12. That the Northernmost access point to N. 145th E. Avenue from the PUD property shall line up with the southernmost access point of the Whispering Pines Addition (Rogers County). 13. Acceleration /Deceleration fares will be required on 1's. 86th Street North and N. 145th E. Avenue. 14. Sidewalks will be required along E. 86th Street North and N. 145th E. Avenue. 15. No flag lots are permitted within any portion of the PUD. 16. If needed, commercial area may be required to provide or -site detention. This to be determined at site plan review for commercial property. 17. Detailed landscaping plans (type, species, size, location, irrigation) shall be required to be submitted with site plans of any commercial development. Said plans will be reviewed by staff and must be approved by the Planning Commission. Motion was seconded by Charles Willey and a vote on the motion was recorded as follows: Ray Flaynes - Yes Dewey Brown - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 5 -0. OWASSO PLANNING COMMISSION November 12, 1996 Page No. 5 8. OWA5S0 5U13DTVISION 1ZEGIILATIONS AMENDMENT - A request to review two proposed amendments to the Owasso Subdivision Regulations, Chapter 8, 8.1 "Intentions ", Article E and Chapter 4, 4.11 "Acceptance of Improvements ". Said amendments, if approved, to be forwarded to the Owasso City Council on November 19, 1996. This item was tabled, to be presented at a later date. 9. Report on Monthly Building Permit Activity. Mr. Rooney discussed October building permits. 10. Report on Planning Items Previously Forwarded to City Council. H. Discussion of Development In and Near Owasso. 12. ADJOURNMENT - Charles Willey moved, Dewey Brown seconded, to adjourn meeting A vote on the motion was recorded as follows: Ray I- Jaynes - Yes Dewey Brown - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 5 -0 and the meeting was adjourned at 8:22 PM. Date i vvVHV jAV AN r 10D VSlnl oSSVMo 30 A10 j¢ u. �I •01„ S} +i� s�"e 3 N�• F FS 'Y4'1'34WNIZl LZ'03S'Y13S 3141 do 14VdV IVIO NMOO A33K 2JWIS { ¢Byoe =paiaSSs,Bl..e 1Vld1,aVNIWI138d a g pp a �e e �f! Fe mF? s € P s s` 3 agb.ai ?gin M s7? �WS W=ggE� aS ifi2y¢�pswnz 3 fig yys pip J U ry � ° Lu a z Y % >- O ~ Z � � ( Uo , Qw - z v' CO S m � J � W UJ° aw W U F-- a i LL ry 00 n W ¢o o' a� J ¢ U m Y3BYNOIlN3/30 M]]BJ N3.1 )lS lO SBbOfBYNB 3//l Jg u MEMORANDUM TO: FROM: SUBJECT: DATE: BACKGROUND: PLANNING COMMISSION CITY OF OWASSO LARISSA DARNABY CITY PLANNER REQUEST FOR ACCEPTANCE OF THE MCDONALD'S ADDITION FINAL PLAT DECEMBER 1, 2008 The City of Owasso has received a request from Morrow Investment Capital, LLC applicant/owner, for the review and acceptance of the McDonald's Addition Final Plat. The Final Plat proposes one (1) lot in one (1) block on 1.14 acres of property. The applicant wishes to plat the property so that they may develop a McDonalds Restaurant. LOCATION: The subject property is located on the north side of East 1160' Street North and the west side of North 135 h East Avenue. EXISTING LAND USE: Undeveloped SURROUNDING ZONING: North: Agriculture East: Commercial Shopping West: Agriculture South: Commercial Shopping PRESENT ZONING: The subject tract is zoned CS (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. 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 approved by city staff. 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. ANALYSIS: The McDonald's Addition Final Plat was brought before the Owasso Planning Commission at their regularly scheduled meeting on November 10, 2008. At that meeting the applicant requested the Final Plat be tabled to the December 8, 2008 meeting. The applicant is now ready to proceed with the hearing process. The applicant is requesting the review and approval of the McDonald's Addition final plat so they may plat and eventually develop the property with a McDonald's restaurant facility. The property is zoned CS (Commercial Shopping). The designation outlines the development standards for the property in a commercial manner. The proposed layout for the restaurant is associated with the plat and is allowed by right according to the zoning designation. According to the final plat, the developer would like to create one 1.14 acre lot, recognized as Lot 1, Block 1, McDonald's Addition, which would be the proposed site of the McDonalds Restaurant. The main access points into the McDonald's Addition will be from North 135`" East Avenue. The applicant has shown a total of 60' to be designated on the final plat for ingress and egress. The 60' that is designated for ingress and egress would consist of two points of access, which includes the 30' entrance /exit, as proposed, on the south side of the property and an entrance /exit on the north side of the property being 30' in width as well. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Commercial sewer service will be provided by the City of Owasso. Water service will be provided by Washington County Rural Water District No. 3. The property will be subject to all payback fees including Storm Siren fees of $35 per acre. TECHNICAL ADVISORY COMMITTEE• The McDonald's Addition Final Plat was reviewed by the Owasso Technical Advisory Committee at their regular meeting on October 22, 2008. 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: • Plat should show a 17.5' or two 10' external easements • Plat shows the wrong plat number in left corner • Provide letter from ODOT stating future plans to widen East 116'h Street North. • Show fire hydrant locations RECOMMENDATION: Staff recommends acceptance of the McDonald's Addition Final Plat with the Technical Advisory Committee's recommendations. ATTACHEMENTS: 1. General Area Map 2. Minutes for the rezoning of the tract 3. Minutes from the meeting where the Final Plat was tabled 4. McDonalds Final Plat SUBJECT i J I I McDonalds at 116th Street and 135 E Ave I Legend IS NOT IN "tENDED TO PHIS N Is V MOUT ;0 OF ITS AChI CY. 0 r_ L CITY OF OWASSO 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 OWASSO PLANNING COMMISSION November 7, 2005 Page No. 2 Ray Haynes - Yes Kevin Vanover - Yes Duane Coppick - Yes Marilyn Hinkle - Yes The motion carried 4 -0. 5. 01kUL IfflUMP-24`05909, - A request to review and approve a. planned unit development of approximately 241.74 acres, located on the east side of N 129'h E Ave. between E. 116ih St N. and E. 1261h St. N. Chairperson Duane Coppick presented the item and the staff report was reviewed. The concept of a PUD was explained. The development concept behind the Morrow Place PUD' is both cormnercial and residential. Chip explained that the PUD is divided into five various development areas, each with a unique set of development standards. The residential areas will vary in lot size and dwelling sizes. If approved, the applicant must submit a preliminary plat, infrastructure plans, and a final plat. The staff published legal notice of the PUD request in the Owasso Reporter and mailed notices to property owners within a 300' radius of the subject property. Mr. Ed Daniels, a surrounding property owner, had questions regarding screening requirements in'corrunercial areas. Mr. David Charney addressed the Commissioners to discuss construction scheduling and traffic flow in the area. Landscape buffers between commercial and residential areas were discussed. Ms. Paula Cole, a surrounding property owner, also had concerns regarding the amount of commercial and residential property that will be surrounding them. Marilyn Hinkle moved to approve the planned unit development; the motion was seconded by Ray Haynes. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Duane Coppick - Yes Marilyn Hinkle - Yes The motion carried 4 -0. 6. Minor Amendment to OPUD #12 Bailey Ranch Estates - A request to review and approve a minor amendment to the Bailey Ranch Estates OPUD #12 text, to permit side setbacks OF feet on each side. Chairperson Duane Coppick presented the item and the report was reviewed. This request is to permit side yard setbacks of 5 feet on each side. Staff recommends approval of the minor amendment of the PUD. There were concerns expressed regarding the possibility of builders constructing houses over the 5' side yard. Mr. Gregg Simmons with Simmons Homes explained that the problem usually occurs on the cul de sac and pie shaped tots. He also stated that there should not be a problem with Sawgrass Park II because it has mostly straight line lots. OWASSO PLANNING COMMISSION November 10, 2008 Page No. 2 • Show First Methodist Church as abutting property owner • Show city regulated flood plain • Provide book and page for utility easement • Show a 50 ft building line on E 106 "' St No & N 145 " E Ave • Indicate in the covenants what entity will maintain the public areas • Show overhead lines on the north and east only Dr. Loving moved to approve the preliminary plat subject to the above staff and TAC reconrrnendations, David Vines seconded the motion. A vote on the motion was recorded as follows: David Vines —Yes Dr. Paul Loving - Yes Dr. Mark Callery — Yes Charles Brown - Yes The motion was approved 4 -0. 5. Final Plat - McDonald?s Addition — A request to review and approve the final plat being one commercial lot on approximately 1. 14 acres of land, located on the north side of East 116ih Street North and the west side of North 135 "' East Avenue. Charles Brown presented the item and the staff report was reviewed. Larissa described the property location and the development process. The property is zoned CS (Commercial Shopping). Water service will be provided by Washington County Rural Water District No. 3. The property will be subject to all payback fees including storm siren fees of $16 per acre. The final plat was reviewed by staff and the Technical Advisory Committee on October 24, 2008. The following comments were provided: • Plat should show a 17.5' or two 10' external easements • Documentation shall be provided from the Oklahoma Department of Transportation stating future plans to widen East 116 "i Street North in regards to the southern access point being located 20' from East 116th Street North. • Once documentation is provided and adequate spacing is insured, the southern access point shall serve as a right in and right out only. • If property documentation is not provided, the Limits of No Access on the southern access point shall be widened to 40' to uphold the standards for the area (ex. Walgreens). • Plat shows the wrong plat number in left corner • Show hydrant locations Staff recommends approval of the McDonald's Addition final plat. The southern access point being a right in and right out only was discussed. Documentation is required from the Oklahoma Department of Transportation stating future plans to widen East I16 "' Street North in regards to the southern access point being located 20' from East 116 "' Street North. If the City Engineer does not receive this documentation, the OWASSO PLANNING COMMISSION November 10, 2008 Page No. 3 Limits of No Access on the southern access point shall be widened to 40' to uphold the standards for the area. Concerns were expressed regarding adequate water pressure for this facility. Mr. Dan Salts, Owasso Fire Marshall, assured the Commissioners that the Fire Department is watching the water pressure very closely. Mr. Ben Aquirre was present to represent the applicant. He requested the final plat be tabled until a later date. David Vines moved to table the final plat. The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: David Vines — Yes Marilyn Hinkle — Yes Dr. Paul Loving - Yes Dr. Mark Callery — Yes Charles Brown - Yes The motion was approved 5 -0 to table the item. 6. Final Plat — Christ' s Church of Owasso — A request to review and approve a Final Plat being one lot on approximately 14.66 acres of land, located on the north side of East 961h Street North and about a half of a mile east of North 129" East Avenue. Charles Brown presented the item and the staff report was reviewed. Larissa described the development process. The subject tract is zoned RE (Residential Estate) with a Special Exception granted by the Board of Adjustment for a church facility. The property will be subject to all payback fees including storm siren fees of $16 per acre, and $1580 per acre if tapped into the Elm Creek Sewer Interceptor. The final plat was reviewed by the Owasso Technical Advisory Committee on October 22, 2008. The following comment was provided: • Show the right -of -way off of East 96h Street North Staff recommends approval of the Christ' s Church of Owasso Final Plat with the above TAC recommendation. The applicant was present to answer any questions. Marilyn Hinkle moved to approve the final plat for Christ' s Church of Owasso subject to the above TAC and staff recommendation. Dr. Callery seconded the motion. A vote on the motion was recorded as follows: David Vines — Yes Marilyn Hinkle — Yes Dr. Paul Loving - Yes Dr. Mark Callery — Yes Charles Brown - Yes The motion was approved 5 -0. a3 a F °u i er ^dam E - tt# g 'ax !jq 691 62 Vt,H S "fl I `a Fg 1 �at4 g?f a 8 - ; I — I I ! 8:i I I 1 F+ °e m I I „p Ie� I 3 a3 a F °u i er ^dam E - tt# g 'ax !jq 691 62 Vt,H S "fl F ?.•i O v`YT O O 0 I `a Fg 1 �at4 g?f a 8 - ; I — I I ! 8:i I I 1 F+ °e m I I „p Ie� I I i 1 I I I V-1 g Fn� Pt $ E I I .anV 'g ;./C'j� �,```` g79ET 'N Q� i _ ��— ••r' d 86.91.15. _.Ze'C8_. 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