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HomeMy WebLinkAbout2002.10.07_Planning Commission AgendaOwasso Planning Commission l OF OWgssO o <q \� Or THE TRPi October 7, 2002 7:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular October 7, 2002 7:00 PM Owasso Community Center 301 S. Cedar Robert Moore City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 12:00 PM on October 151, 2002. Robert Moore, City Planner OWASSO PLANNING COMMISSION Monday, October 7, 2002, at 7:00 PM Owasso Community Center 301 S. Cedar AGENDA Call to Order 2, Roll Call OZ -02 -07 — New Brunswick — A request to rezone approximately 10 acres +/- from CG (Commercial General District) and CS (Commercial Shopping District) to RS -3 (Residential Single Family High Density). The subject property is located on the northwest corner of the intersection of 96'h Street N. and 97`h E. Ave. This agenda item will be presented in conjunction with item #4 below. 4. OPUD -02 -03 — New Brunswick — A request for a review of a Planned Unit Development of approximately 10 acres + / -. The subject property is located on the northwest corner of the intersection of 96`h Street N. and 97`h E. Ave. This agenda item will be presented in conjunction with item #3 above. 5. Planned Unit Development Minor Amendment — Ram Plaza — A request for a review of a minor amendment to OPUD -11, amending the protective covenants to PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record, provided, however, that development areas may be platted separately. Restrictive covenants shall be established which are not inconsistent with the terms hereof and where appropriate, the city of Owasso shall be made a beneficiary thereof. SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning commission as being in compliance with the PUD Development Concept and the Development Standards. Separate building plans may be submitted for individual home construction after the subdivision has been given final approval by the city of Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of New Brunswick is anticipated to commence upon approval and of zoning and platting. FA 8$ B I � I —ab i AC ACT PR PO D: PUD jig FX NTf Wr MAO !• rr_ I art R 1] f L LLM LI. 14 RM4 ,J iUW COUHM1 LOCATION MAP suLO :• -zoao• i 2t N JwJ v ,m OBNER/08 MPAX OI/ASSO LAND TRUST, L.L.0 Contact Person: Air. Brian Doyle 12150 E. 96T11 Str. N. Suite 200 Owasso, Oklahoma 74055 (910) 272 -0406 ordain. EELLOGG ENGINEERING. INC. 8755 South 4060 Road Wale. Oklahoma 74080 (918) 275 -4080 Certificate of Authorization No. 2708 Decant Date: June 90, 2005 SUBYRYO. BENCHMARK SURVEYING, INC. 902 8 5th Are Owasso, Oklahoma 74055 (918) 274 -9081 Certificate of Authorization No. 1098 Reaenl Datr: June 90, 2009 CONCEPTUAL DEVELOPMENT PLAN POR J NEW BRUNSWICK VILLAS A 10 ACRE TRACT PROPOSED: PUD oo Balm' PRESENTLY ZONED: CC, CS eal ooarao ra 5 PART OP SECTION 13 TULSA COUNTY, OKLAHOMA Dote w /�J /oz CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT Planned Unit Development Minor Amendment (Ram Plaza - Roark) STAFF REPORT BACKGROUND The City of Owasso has received a request from Michael Roark, applicant, for the review of a minor amendment to OPUD -11 (Ram Plaza). The subject property is located approximately 400 feet west of the E. 86ih Place N. and 1291" East Ave intersection. The applicant is proposing to amend the OPUD -I1 protective covenants to allow for a retail pet store that raises, breeds or keeps animals. A copy of the protective covenants are included with your packet. LOCATION The subject property is described as a portion of Lot 1, Block 2, Ram Plaza, further described as12701 E. 86`s Place N, Owasso, OK. EXISTING LAND USE Retail - Vacant SURROUNDING LAND USE North: Public - Owasso Public Schools South: Retail — Shopping Center East: Retail - Vacant West: Retail — Movie Theater PRESENT ZONING PUD /CS (Planned Unit Development /Commercial Shopping District) North: RS -3 (Residential Single Family High Density District) South: PUD /CS (Planned Unit Development /Commercial Shopping District) East: PUD /CS (Planned Unit Development/Commercial Shopping District) West: CS (Commercial Shopping District) PUD REQUIREMENTS Included with your packet is a copy of the OPUD -11 protective covenants as approved by the Planning Commission on December 17, 1992. On January 19, 1993, City Council approved and amended the covenants to allow, among other things, restaurants. Article III, Section 3.01 of the Ram Plaza Protective Covenants spells out permitted uses within the PUD. Language that is proposed to be stricken from Section 3.01 is included below. Excerpt from Article III, Section 3.01 (a) No theater... health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: peukfy.' (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non - surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. The subject property is zoned PUD /CS (Planned Unit Development /Commercial Shopping District). According to the City of Owasso Zoning Code, a retail pet store falls within Use Unit 14 (Shopping Goods and Services) and is permitted by right in the CS zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Owasso Zoning Ordinance. ANALYSIS The applicant is proposing to locate a retail pet store in an existing building which, until recently housed a hardware store. Staff has received no phone calls or any other correspondence concerning the request. Staff should point out to this commission that we are hearing a request to amend only the planned unit development protective covenants which the City has been appointed to enforce, not the covenants as approved as a part of the subdivision plat. Protective covenants are approved initially by the Planning Commission and City Council as part of a planned unit development application. At the platting stage of the development, the PUD covenants are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owner's association. Typically, the City's responsibility ends at the PUD covenant stage and applications such as this when approved, from the City's standpoint, are allowed even though they are not in compliance with the subdivision's covenants. Unless amended, issues of enforcement would then be between the property owner's association and Mr. Roark as part of the protective covenants approved with the subdivision plat. Staff is also concerned with what seems to be, whether intentional or not, selective enforcement of the approved protective covenants of Ram Plaza. In staff's opinion and by a strict interpretation of the text of the original planned unit development, several businesses have either in the past or are currently in on- compliance with approved restrictions. Although staff feels that past errors, poor judgement and /or lax enforcement by the Community Development Department and the property owner's association do not necessarily set precedent, the errors nonetheless should be brought to the attention of this commission. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their September 25, 2002 regular meeting. At that meeting, no comments were sited by staff or utility providers. If approved by the Planning Commission, this item does require City Council action. RECOMMENDATION Staff recommends approval of the request to amend the protective covenants of Ram Plaza to allow for a retail pet store that raises, breeds or keeps animals. ATTACHMENTS 1. General Area Map 2. OPUD -11 Ram Plaza Protective Covenants Article III as amended by City Council 3. Letter from Mr. Roark 4. Proposed Amended Protective Covenants Article III .)ATE FILED AUG, 26, 1993 NO, PLAZA RAM PLAZA 4945 PUD NO. 11 am:1 n..n AN A001770N TO TH£ C17Y OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA II. A PLANNED UN IT OEVELORUENr IN ME' SOUTHEASr OUARTER OF SEC770H 20, rOWNSH /P 21 NOR77t RWO£ 14 EAST (�Tj !, ]mnelu xnrocc a�rAfaf 0 50 0 eI,T SCMnaC rouvur LAG K..arf L 1f4t If I•C 520 I.Ul MJ! IAfT 11M qK( ] }O I.NI4 db. [6q[tiv4 (MS.Yp MSl OK [4r[lG[ OfLNCLr JIIO) ! -Tel, lyy Af.VM IIIM Llfl J.GrI[ (1101 a4-I". lb (l rlJ FI -]l]J ar4rfQ W. )pt1 Ns/ rJr -JV} LOC477ON MAP elw.a usr Jflx vxffr .w,m :cc :.�ccRns'ss'°' �� . v? - vr.[nr cav+xM L•.11pi4-I h Ymlm 119 �• MaY 1�0j ar+wi. ti..�n+�r..°7 i:'.nw."f�l I.eMr w.ue T•I,I Y err aJ.SD a w..ww JYP7 3I� 10 ti r.r.....,.... rur enx snacfr.Yaerx �'S /TE �„o•r 1 R -14 -£ S %OLK 4 UNPLATTEO OUE EAST r xr 70B.J4' IJC U• >ror IL]' [YMf Itt.l]' }�M' JO LL 2O W `F JcaJ] as(Ytx) f n DUE EASr L = 30.00' I j 1 ^ ( `h 2 ae 3 xi 2 h Q J a b ti 20.00' __ __ ' — •-Tao• — EAST NORTH 86TH PLACE ..n p. DUE war :t b'p �� 141W ln]•V/C M= WA 2I1Ie— L'tltl' _J _— p- 12-100 12600 $) O x 2 elYle f Cl p I tb I 1 g 1 8i 2 re 3 6 4 I a / 280 l I L 1200 + °�•V V. _ ��jf 111 III.V• 11QY / JI1M• oll' .. �� EASr 96TH SrREET NoRTLl 717.97' solml Iwr °' Ycmr acvr o. ur m ar S 89'S5'26' W ur.w¢.a n ns n.l. r! cw.r+ se THE PLAT BOOK OF TULSA COUNTY - COPYRIGHT 1993- ROY MALERNEE. CITY MAP S'RVICE. FEOERAL LAW PROHIBITS REPROOUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF INC. TULSA COPYRIGHT OWNER, ARTICLE III Protective Covenants Section 3.01. Designation of Permitted and Prohibited Uses. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non - surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. September 3, 2002 Robert Moore City Planner City of Owasso, Oklahoma I 1 I North Main Owasso, OK 74055 r.e.: Requested Amendment to PROTECTIVE COVENENTS, Ram Plaza, PUD -11, City of Owasso Mr. Moore: With this letter I am requesting that the Protective Covenants for Ram Plaza, PUD -11, City of Owasso, be amended. The requested modification would allow property I own at 12701 E. 86 Place North to be used for a retail pet store. Language in the covenants, while likely not anticipating a retail pet store in its intent, nevertheless, could technically prohibit the operation of a retail pet store. The tenant, Pet Stop, Inc. is a present Owasso retail business operating in the Cornerstone shopping center on 86b Street. They have successfully operated their pet store for a number of years and are recognized as one of the leading pet stores in the state. Their selection of freshwater and saltwater aquarium fish is reported to be the second largest in Oklahoma with customers coming to Owasso from, not only the Tulsa metropolitan area, but also other parts of Oklahoma and Kansas. The majority of their present leased space is dedicated to pet training aids, supplies, toys, books, pet security, and other "support" items. At the new location they would continue to utilize the large majority of space for this type of retail merchandise. The Pet Stop, Inc. is not a noxious or offensive business. Indeed, it has successfully operated alongside of other retail businesses and professional businesses in its current location for about six years. They have simply outgrown their Iocation. They are recognized by Owasso residents and business leaders as a real contribution to the Owasso community and as a significant contributor to sales tax revenue for Owasso from buyers outside of our city. The Pet Stop, Inc. would not interrupt or aggravate any of the nearby businesses or neighborhoods with its operation. I am aware of no opposition voiced with regard to their intended relocation to this property. They have been, and will continue to be, a good neighbor and business citizen for Owasso. The requested amendment to the Protective Covenants (exhibit attached) would be: Strike -Section 3.01. Designation of'Permitted and Prohibited Uses., paragraph (b), subsection (i) `Any use which involves the raising, breeding or keeping of any animals or poultry. " While the Pet Stop does not technically "raise, breed, or keep" animals by strict legal definition of those words, it would be much preferable to amend the covenant so as to remove any doubt and allow them to continue their business in Owasso. Thank you for your consideration of this request. Siin/cerel , 1' Michael D. Roark Roark Family, L.L.C. Attachment: 1 This Declaration, and any amendment, modification cr revision thereto, shall not be effective until filed for record in the public real estate records for the county or counties or cities in which the Property is located. ARTICLE III ��RSSO G�y C.ouuci<r 1-i9 -93 Protective Covenants Section 3.01. Designation of Permitted and Prohibited Uses. (a) AJO theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property,. I *ha a.+pieipi (b) Notwithst=anding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: -keeping ef any anima4-s-,oT--p-o-u�t_r-y6j .S -02 (ii) Any dangerous or unsafe uses. ack Fai�, LIC. (iii) Any industrial uses, including, without -14- CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT Planned Unit Development Minor Amendment (Ram Plaza - Preston) STAFF REPORT BACKGROUND The City of Owasso has received a request from Lance Preston, applicant, for the review of a minor amendment to OPUD -11 (Ram Plaza). The subject property is located approximately 300 feet west of the E. 86°i Place N. and 129th East Ave intersection. The applicant is proposing to amend the OPUD -11 protective covenants to allow for a billiard parlor as a recreational and /or an entertainment type activity. A site plan, floor plan and copy of the protective covenants are included with your packet. LOCATION The subject property is described as a portion of Lot 1, Block 2, and a portion of Lot 2, Block 2, Ram Plaza, further described as12811 E. 86' Place N, Owasso, OK. See attached for full legal description. EXISTING LAND USE Retail - Vacant SURROUNDING LAND USE North: Public - Owasso Public Schools South: Office - Dental Facility East: Service - Assisted Living Facility West: Retail - Vacant PRESENT ZONING PUD /CS (Planned Unit Development /Commercial Shopping District) SURROUNDING ZONING North: RS -3 (Residential Single Family High Density District) South: PUD /CS (Planned Unit Development /Commercial Shopping District) East: PUD /CS (Planned Unit Development /Commercial Shopping District) West: PUD /CS (Planned Unit Development /Commercial Shopping District) PUD REOUIREMENTS Included with your packet is a copy of the OPUD -11 protective covenants as approved by the Planning Commission on December 17, 1992. On January 19, 1993, City Council approved and amended the covenants to allow, among other things, restaurants. Article III, Section 3.01 of the Ram Plaza Protective Covenants spells out permitted uses within the PUD. Language that is proposed to be stricken is included below. Excerpt from Article III, Section 3.01 (a) No theater... health spa, skating rink, bowling alley, dairy store, li- shment .. r-: °' or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non - surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. The subject property is zoned PUD /CS (Planned Unit Development /Commercial Shopping District). According to the City of Owasso Zoning Code, a billiard parlor falls within Use Unit 19 (Hotel, Motel, and Recreational Facilities) and is permitted by right in the CS zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Owasso Zoning Code. ANALYSIS The applicant is proposing to locate a billiard parlor in the newly constructed commercial shopping center known as The Center on 86' Street. Initially, the applicant requested that City staff review a proposal that, in addition to allowing a billiard parlor, would allow for on- premise alcohol consumption. The applicant has amended his application striking the language pertaining to alcohol. Staff has received numerous phone calls in opposition of the request and would expect public comment at this meeting. However, all opposing comments received in connection with the applicant's proposal, with the exception of the attached letter from Alterra, concerned the on- premise alcohol consumption and not the billiard parlor issue. Additionally, staff should point out to this commission that we are hearing a request to amend only the planned unit development protective covenants which the City has been appointed to enforce, not the covenants as approved as a part of the subdivision plat. Protective covenants are approved initially by the Planning Commission and City Council as part of a planned unit development application. At the platting stage of the development, the PUD covenants are included as a part of the subdivision's restrictive covenants, thereby becoming enforceable by the property owner's association. Typically, the City's responsibility ends at the PUD covenant stage and applications such as this when approved, from the City's standpoint, are allowed even though they are not in compliance with the subdivision's covenants. Unless amended, issues of enforcement would then be between the property owner's association and Mr. Preston as part of the protective covenants approved with the subdivision plat. Staff is also concerned with what seems to be, whether intentional or not, selective enforcement of the approved protective covenants of Ram Plaza. In staff's opinion and by a strict interpretation of the text of the original planned unit development, several businesses have either in the past or are currently in non - compliance with the approved restrictions. Although staff feels that past errors, poor judgement and /or lax enforcement by the Community Development Department and the property owner's association do not necessarily set precedent, the errors nonetheless should be brought to the attention of this commission. If this item is approved by the Planning Commission, City Council action is required. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their September 25, 2002 regular meeting. At that meeting, the following comment was received: 1. Occupancy load exceeds 300 persons. The building as shown would need to be sprinkled. RECOMMENDATION Staff recommends approval of the request to amend the protective covenants of OPUD -11 (Ram Plaza) to allow for a billiard parlor as a recreational and /or an entertainment type activity subject to the following conditions: 1. The applicant submits an application for a business license to the Office of the City Clerk. 2. The applicant must either have the building protected by a fire suppression system or alter the square footage of leasable space. ATTACHMENTS 1. General Area Map 2. OPUD -11 Ram Plaza Protective Covenants Article III as amended by City Council 3. Legal Description 4. Letter from Mr. Preston 5. Amended Letter from Mr. Preston 6. Proposed Amended Protective Covenants Article III 7. Letter from Alterra 8. Property Owner Signatures 9. The Center on 86 " Street Site Plan DATE FILED AUG. 26, 1993 PLAZA RA PLAT NO, 494RAM PUD /110. 11 n"u n011 AN A00177ON rO TH£ COY OF OWASSO, jm— TULSA COUNTY, STATE OF OKLAHOMA A PL NNEO UNIr DEVELOPMENr IN INC SOUTHEASr OUARTER OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST 40CA77ON MAP 0 z1 i DUE J 3 i i L !. rAie.M •M1tlN VaYrtImV �+N...n� �YSeeole I...�Y.wivaa M•M V.•.aM envrTw.Y Yvi'Nna Y,,tiv�...ye a W °'I ��sa ..lNe.7Y97 ] T ��T[Y�ta4 Y YM1R..4mti.N V e..yv .In 9� V 4..0 ,MeirFeN.NeYn •el:v.'Fen v r� /A TNLl9�rt1y R°o - - - -- 2 I'] tl Yrns carzvrnr •r � � I BRSL! PGlye ASr 7 ac9f aemle �' s I (KfVLVI� M. l Iz 701 ]eu!• 8 EAsr 86TH b.� = u1 q b I2'100 2 UNPIAMED DU£ £ASr 708.J4' 2 2 — —Y er Z-15m Lc>lr Z ry 3 ]mm• 1 � � 3 m Y er1 ]S11P w I t h 11 i$ 3 ail 4 1 z80.l.M.— — L tzoo I.n O� � o" G S �ry h �w C 3a �� d�l Yl4 2 ae 71797' S 89.5526" W rN•,IIJ ry .i/S /4f. f�l� eii� THE PLAT BOOK OF TULSA COUNTY — COPYRIGHT 1993— ROY MALERNEE. CITY MAP SERVICE, INC, TULSA FEOERAL LAW PROHIS17S REPROOUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. scwnu ax]a a arasrT 0 0 5 5 ®0 IMF AMHIYC fOVV.avI : :0KKM LLC O Ofarf L KM .!F m H HJe (lfJ 11d qIC( S 5 (y14ry4' GYx[fn 1 ()le/'" -INI 1 0,4SS4 Of. lW1! 1r� a crA . uers r eo Yrm KG . YC(ST ® WIIML KClSf (IVXM I I.v.118J�4 -1 r RM.1 Y IIMe Il Cbs IL Lv�y ! rAie.M •M1tlN VaYrtImV �+N...n� �YSeeole I...�Y.wivaa M•M V.•.aM envrTw.Y Yvi'Nna Y,,tiv�...ye a W °'I ��sa ..lNe.7Y97 ] T ��T[Y�ta4 Y YM1R..4mti.N V e..yv .In 9� V 4..0 ,MeirFeN.NeYn •el:v.'Fen v r� /A TNLl9�rt1y R°o - - - -- 2 I'] tl Yrns carzvrnr •r � � I BRSL! PGlye ASr 7 ac9f aemle �' s I (KfVLVI� M. l Iz 701 ]eu!• 8 EAsr 86TH b.� = u1 q b I2'100 2 UNPIAMED DU£ £ASr 708.J4' 2 2 — —Y er Z-15m Lc>lr Z ry 3 ]mm• 1 � � 3 m Y er1 ]S11P w I t h 11 i$ 3 ail 4 1 z80.l.M.— — L tzoo I.n O� � o" G S �ry h �w C 3a �� d�l Yl4 2 ae 71797' S 89.5526" W rN•,IIJ ry .i/S /4f. f�l� eii� THE PLAT BOOK OF TULSA COUNTY — COPYRIGHT 1993— ROY MALERNEE. CITY MAP SERVICE, INC, TULSA FEOERAL LAW PROHIS17S REPROOUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. l Iz 701 ]eu!• 8 EAsr 86TH b.� = u1 q b I2'100 2 UNPIAMED DU£ £ASr 708.J4' 2 2 — —Y er Z-15m Lc>lr Z ry 3 ]mm• 1 � � 3 m Y er1 ]S11P w I t h 11 i$ 3 ail 4 1 z80.l.M.— — L tzoo I.n O� � o" G S �ry h �w C 3a �� d�l Yl4 2 ae 71797' S 89.5526" W rN•,IIJ ry .i/S /4f. f�l� eii� THE PLAT BOOK OF TULSA COUNTY — COPYRIGHT 1993— ROY MALERNEE. CITY MAP SERVICE, INC, TULSA FEOERAL LAW PROHIS17S REPROOUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. I.n O� � o" G S �ry h �w C 3a �� d�l Yl4 2 ae 71797' S 89.5526" W rN•,IIJ ry .i/S /4f. f�l� eii� THE PLAT BOOK OF TULSA COUNTY — COPYRIGHT 1993— ROY MALERNEE. CITY MAP SERVICE, INC, TULSA FEOERAL LAW PROHIS17S REPROOUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER. ARTICLE III Protective Covenants Section 3.01. Designation of Permitted and Prohibited Uses (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non - surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. Legal Description A portion of Lot One (1) , Block Two (2) , RAM PLAZA, PUD No. 11, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the Recorded Plat thereof, more particularly described as follows, to -wit: BEGINNING at the Northeast Corner of Lot One (1), Block Two (2), Thence West 28 feet along the North line of the said Lot One (1), Block Two (2), Thence South 263.19 feet to a point on the South line of said Lot One (1), Block Two (2), Thence East 28 feet along the South line of said Lot One (1), Block Two (2) to the Southeast Corner therof, Thence North 263.13 feet to the POINT OF BEGINNING. -AND - A portion of Lot Two (2), Block Two (2) , RAM PLAZA,PUD No. 11, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the Recorded Plat thereof, BEGINNING at the Northwest Corner of said Lot Two (2), Block Two (2), Thence South 263.13 feet to a point on the South line of said Lot Two (2), Block Two (2), Thence East 72 feet along the South line of said Lot Two (2), Block Two (2), Thence North 263.13 feet to a point an the North line of said Lot Two (2), Block Two (2), Thence West 72.15 feet along the North line of said Lot Two (2), block Two (2), to the POINT OF BEGINNING Sep. 3, 2002 TO: Robert Moore, City Planner City of Owasso 111 North Main Owasso, OK 74055 FROM: Lance Preston, President The Breakroom, Inc. PO Box 2160 Owasso, OK 74055 RE: Proposed PUD Amendments for Ram Plaza, City of Owasso, PUD -11 The purpose of this letter is to request a modification to the existing protective covenants that currently apply to a planned unit development in the City of Owasso known as "Ram Plaza ", PUD -11, located on the Northwest Corner of the intersection of 86`h Street North and 129`h East Avenue. This requested modification would apply only to the protective covenants specifically defined in paragraph (a), Section 3.0 1, Article III titled "Protective Covenants ". In addition to other restrictions, this paragraph specifically excludes any "recreational or entertainment -type activity", and any "establishment which sells alcoholic beverages for on- premise consumption ". We would request that these specific restrictions, and only these restrictions, be repealed in order to allow the operation of a Billiard Parlor on the premises; such operation shall be described below. A modified copy of the above referenced paragraph with the specified restrictions removed is attached for your approval. It is our intention to lease an area within a recently built complex known as The Center on 86`h Place, located at 12811 East 86`h Place North, Owasso, with the purpose of promoting the sport of Billiards through the operation of a Billiard Parlor. We have secured financing to operate the business, and have developed a detailed operational plan. Our facility will feature 18 full size tables, televisions for viewing live sporting events, and an assortment of arcade games, darts, any other diversions. Our guests will reflect a wide section of the population of Owasso, as the sport of Billiards appeals to participants of all ages, races, and genders. We will offer our guests an assortment of snacks and beverages, including chips, candy, nuts, popcorn, soda, juice, and water. And for our adult guests, we plan to offer a variety of bottled low -point 3.2 beers. No other alcoholic beverages shall be served. A kitchen that serves hot meals, such as burgers, sandwiches, and chicken strips, will be in operation at a future date. In addition to casual play, a Billiard league will be formed, and regular tournaments will be held. The atmosphere will be upscale, and a family - friendly environment will be enforced at all times. Our goal is to open for business prior to the Thanksgiving holiday of 2002. The City of Owasso has been growing steadily for the past decade, but entertainment options have not kept pace with the city's rapid expansion. With the exception of the skating rink and movie theatre, or outdoor sporting activities such as golf or soccer, recreation and entertainment options are extremely limited. Often our residents are forced to travel to Tulsa to meet this need. The sport of Billiards is an activity that can help to fill this vacancy. Billiards is an internationally recognized sport, with professionally televised men and women's competitions. Participants of all nationalities, ages, and genders all over the world enjoy it. Billiards has traditionally had a bad connotation, being associated with gambling and dark, scary halls where fighting and other seedy activities took place. While these types of places do still exist, they are now the exception to the rule, as Billiards has dramatically cleaned up its image in the past couple of decades. Today, billiard parlors are for the most part family oriented and child friendly. Many are very upscale rooms where you might take a date to enjoy a fun activity together. The IOC is even considering adding Billiards as an official Olympic sport. In recent years the City of Owasso has pushed a campaign geared toward getting residents to "Shop Owasso" to help keep discretionary income spent within our own town, in order to increase sales tax revenue. While the campaign has been fairly successful to date, it could be dramatically more successful if the emphasis where not placed mainly on retail, but an effort was also made to include entertainment dollars as well. The location of our facility within Ram Plaza makes sense from a business perspective when considering the proximity of the movie theatre and the high school. No other location in the city offers such convenient access from both facilities. And while the original restrictive covenants were put in place in order to help maintain property values within Ram Plaza, we do not feel that our intended use of the property will constitute a detriment to the area, but will instead reveal its potential. We have no intention of allowing any activity within or immediately outside our facility that would pose any risks or danger to any of our guests or nearby businesses, and plan to implement and strictly enforce a simple but fair code of conduct for anyone on the property. We expect that a clean, attractive, and hopefully popular destination will only help contribute to the value of the nearby area. In addition to the use restrictions that we request to have repealed, there currently are also restrictions that do not allow a motion picture theater, health spa, or any other health activity to be operated upon the property. However, there currently exist several businesses that operate on the property or part of the property which seem to fall under these restrictions, including the Dickinson Theatre (motion picture), Healthsouth Sports Medicine & Rehabilitation Center (health), Standridge Clinic (health), Mark Franklin Dentistry (health), and Owasso Oral & Facial Surgery (health). Until recently, a workout facility (health spa) called Fitness Zone operated on the property. The Git -N -Go convenience store also sells alcoholic beverages, although not for on- premise consumption. It would appear that the existing restrictive covenants are either not being enforced, or are being selectively enforced. Therefore we feel that our request to modify the existing restrictions would not be unreasonable. Also attached to this request are signatures of the property owners within Ram Plaza who have consented to our intended use of the property and the modified covenants. We ask that you please consider this proposal, and present it to the Planning Commission at the very next meeting with your recommendation. I am available at any time to answer any questions you may have, or to present additional information upon request. Thank you for your consideration. Sincerely, I Lance Preston, President The Breakroom, Inc. (918) 547 -9574 Section 2.02. Recordation of Declaration and Amendments. This Declaration, and any amendment, modification or revision thereto, shall not be effective until filed for record in the public real estate records for the county or counties or cities in which the Property is located. ARTICLE III PROTECTIVE COVENANTS (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, or any other health activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non- surface means. (v) Any uses which may require water and sewer services in excess of the capacities allocated to the Property by any governmental authority. (vi) Any noxious or offensive activity which Owner deems objectionable and adverse to the preservation of property values of the Adjacent Property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the city or any other governmental body in which the property is located. SEE, 2'. 2002 3:09PM NCS FIELD SERVICES 9185616944 11J0. 6289 P, 2 Sep.27,2002 TO: Robert Moore, City Plarmer City of Owasso 111 North Main Owasso, OK 74055 FROM: Lance Preston, President The Breakroom, Inc. PO Box 2160 Owasso, OK 74055 RE: Proposed PUD Amendments for Ram Plaza, City of Owasso, PUD -11 Mr. Moore, Due to overwhelming concern by the property owners within Ram Plaza, I have decided to amend my request to modify the Protective Covcnattts of PUD -1 t, and wish to exclude the removal of the restriction on alcoholic beverages. The paragraph I am referring to is paragraph (a) of Section 3.01 in Article III titled "Protective Covenants", and is currently written as follows: (a) No theatre (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premise consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. I now request that this paragraph be amended to read like this: (a) No theatre (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premise consumption, or any other health activity shall be operated, or permitted to operate upon the property. Please modify my previous request and present this modified proposal at the next scheduled meeting of the Owasso Planting Commission with your recommendation. Let me know if you have any further questions. Sincerely, ante Preston, resident The 13reakroom, Inc. (919) 547 -9574 SEMN-02 04:IIPM FROM- ALTERRA 14149185055 T -884 PAVD3 F -958 1 National Office 10000 Innovation give Milwaukee, WI 53226 wW W.assisted.com September 27, 2002 Mr. Robert Moore VIA FACSIMILE AND U.S. MAIL City Planner Owasso City Hall P.O. Box 180 Owasso, OK 74055 Re= Sterling House of Owasso, OK 12807 E. 86h Place North Owasso, OK 74055 Dear Mr. Moore: Alterra Healthcare Corporation leases the above - referenced property from Health Care REIT, Inc. and operates an assisted living facility at that location. Our mission is to provide high quality resident care to the frail elderly. We have received a letter and phone calls from Mr. Lance Preston, President of The Breakroom, Inc. seeking our consent to certain changes to Restrictive Covenants that are part of the Planned Unit Development in which our facility is located. The proposed changes would allow Mr. Preston's company to develop a ` Billard Hall" on property adjacent to our assisted living facility. The purpose of this Ietter to is to inform the Plan Commission that we strongly object to the proposed amendments to the Restrictive Covenants. Simply stated, placing a Billard Hall adjacent to a home for the frail elderly would not be appropriate. More specifically, our concerns include the following: • We have a significant investment in our facility that we believe would be adversely impacted by the Billard Hall. • We believe that the clientele of the Billiard Hall would be rough and loud and would likely congregate in the parking lot during the Billiard Hall's hours of operation and well afterward. P4ne Our residents and their families would be intimidated by the Billiard Hall's (414) 918 -5000 clientele and disturbed by the increased noise and traffic, particularly at night. F. (414) 918 -5050 A ACING WITH CHOICE —ALFA SEP -37 -02 04:12PM FROM- ALTERRA 14149185055 T -884 P. 03/03 F -958 Mr Robert Moore A Lrr_u z A September 27, 2002 Page 2 • Our facility is staffed 24 hours per day, 7 days per week, so we have shifts coming and going throughout the day and night. Our employees would have increased concern for their safety. • Any real or perceived problems resulting for the location of the Billiard Hall adjacent to our facility would negatively affect our marketing efforts and would result in decreased occupancy rates for our facility with a concomitant loss of revenue for our business. • We acquired the site and invested in our facility in reliance upon the Restrictive Covenants. It would be unfair to change the Restrictive Covenants now to allow activities that would negatively affect our operations. This letter should give you a sense of our concerns. If you have any questions or need additional information, please call. If you prefer, you may speak to Attorney Eric Hoaglund who is our Director of Business Legal Affairs. His direct line is 414- 918 -5410. We would like to receive notice of any meetings or hearings to be held regarding this matter. Sincerely, 0-0—�br Chet Bradeen Chief Operating Officer cc: Lance Preston Health Care REIT, Inc. David Hammonds Eric W. Hoaglund, Esq. AGING WITH CHOICE PaWta, Pe ! ' N jo Cam' I co CI (sS 1 6r -fF I A TEGAL DE:sep, i � i TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: OPUD -11 MINOR AMENDMENT DATE: September 30, 2002 BACKGROUND: The City of Owasso Community Development staff is initiating this request for the review of a minor amendment to OPUD -11 (Ram Plaza). The subject property is located northwest of the 86' Street N. and 129` East Ave. intersection. Staff is proposing to amend the OPUD -11 protective covenants to allow for health related facilities and uses of land. Staff's purpose in initiating this amendment is in an effort to alleviate the non - conforming status of the several health related businesses within Ram Plaza. Staff should point out, much like the applications of Mr. Roark and Mr. Preston, this request would amend only the language included in the PUD protective covenants and not the language as approved per the subdivision plat. Any amendment to the subdivision plat that would allow health related facilities to remain would require the approval of the property owner's association. Included with your packet is a copy of the OPUD -11 covenants as approved by the Planning Commission on December 17, 1992 and amended on January 19, 1993. Although the current non - conforming uses would be allowed to remain under the provisions of Section 1220, (Non- conforming Use of Buildings or Buildings and Land in Combination), Owasso Zoning Code, staff believes this amendment is appropriate. A copy of Section 1220 is attached for your review. RECOMMENDATION: Staff recommends approval of the request to amend the protective covenants of Ram Plaza to allow for health related facilities. ATTACHMENTS: 1. OPUD -11 Ram Plaza Protective Covenants, Article III 2. Amended OPUD -11 Ram Plaza Protective Covenants, Article III 3. Section 1220, Owasso Zoning Code ARTICLE III Protective Covenants Section 3.01. Designation of Permitted and Prohibited Uses (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non - surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. ARTICLE III Protective Covenants Section 3.01. Designation of Permitted and Prohibited Uses. (a) No theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premises consumption, or any «heph, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non - surface means. (v) Any use that may require water and sewer services in excess of the capacities allocated to the property by any governmental authority. (vi) Any noxious or offensive activity which owner deems objectionable and adverse to the preservation of property values of the adjacent property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the City or any other governmental body in which the property is located. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines that are applicable and in force at the time of construction. Section 3.02.2. Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. conforming use, nor enlarged or increased, nor extended to occupy a greater area of land than was occupied at the ef- fective date of this code or amendment thereof. b. No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of this code or amendment thereof. c. No additional structure (other than fences) shall be erected in connection with such nonconforming use of land. d. If any such nonconforming use of land ceases for any reason for a period of more than 90 days (except when government action impedes access to or use of the premises), any sub- sequent use of such land shall conform in all respects to the regulations of the district in which located. ---� SECTION 1220 NONCONFORMING USE OF BUILDINGS OR BUILDINGS AND LAND IN COMBINATION When at the effective date of this code or amendment thereto, there exists a lawful use of a building, or use of a principal building and land, or use of land and accessory structures, such structures covering more than 10 percent of the lot area, and such use would not be permitted by the terms of this code or amendment thereto, such use shall be deemed noncon- forming and may continue subject to the following provisions: a. No building devoted to a nonconforming use shall be enlarged or extended, except in changing the use of the building to a use permitted in the district in which it is located. b. A nonconforming use of a portion of a building may be extended to the remaining portions of the building if such portions were manifestly arranged and designed for such use but such use shall not be extended to occupy any land outside the building. c. A nonconforming use of a building, or building and land in com- bination, if superceded by a permitted use shall not thereafter be resumed. d. A nonconforming use of a building or building and land in com- bination, if discontinued for 12 consecutive months or for 12 months during any 18 month period (except when governmental action impedes access to or the use of the premises), shall not thereafter be resumed. e. Where nonconforming use status applies to a building and land in combination, termination of the use of the building within the meaning of (d) above shall eliminate the nonconforming status of the use of the land. f. A nonconforming use of a building or of a building and land in combination when located within a residential district shall not 95 allow a business to raise, keep or breed animals. The subject property is located on the northwest corner of the intersection of 86`h Street N. and 129`h East Ave. 6. Planned Unit Development Minor Amendment — Ram Plaza — A request for a review of a minor amendment to OPUD -11, amending the protective covenants to allow a billiard parlor as a recreational use. The subject property is located on the northwest comer of the intersection of 86`h Street N. and 129t" East Ave. Planned Unit Development Minor Amendment — Ram Plaza — Staff initiated request for a review of a minor amendment to OPUD -11, amending the protective covenants to allow health related activities. The subject property is located on the northwest comer of the intersection of 86`h Street N. and 129`h East Ave. Site Plan — The Car Wash — A request for the review of a site plan for The Car Wash. The subject property is described as Lot 1, Block 2, Tract B, Owasso Market II and is located approximately 500 feet north of the intersection of 96`h Street N. and I I9`h East Ave. 9. Site Plan — Villas at Bailey Ranch — A request for the review of a site plan for The Villas at Bailey Ranch. The subject property is described as Lot 2, Block 1, Lakeshore Greens Addition and is located approximately 500 feet north of the intersection of 86`h Street N. and 97`h East Ave. 10. Report on Monthly Building Permit Activity 11. Report on Planning Items Previously Forwarded to City Council 12. Discussion of Development In and Near Owasso 13. Adjournment CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OPUD- 02- 03/OZ -02 -07 (NEW BRUNSWICK) STAFF REPORT BACKGROUND The City of Owasso has received a request from David Charney, applicant /owner, for the review of a rezoning and a planned unit development application for approximately 10 acres +/- located at the northwest corner of the 96 " Street N. and 97" East Ave. The applicant is proposing to rezone the subject property from CS (Commercial Shopping District) and CG (Commercial General District) to PUD /RS -3 (Planned Unit Development /Residential Single Family High Density District) in order to construct approximately 50 single family residential homes. Staff is proposing concurrent review of OPUD -02 -03 and OZ- 02 -07. LOCATION The subject property is described as the S/2 of the E/2 of the SE '/a of the SE '/a of Section 13, T 21 N, R 13 E, further described as the northwest corner of the 96`h Street N. and 97'h East Ave. intersection. EXISTING LAND USE Vacant SURROUNDING LAND USE North: Residential - Mobile Home South: Vacant East: Vacant West: Residential - Single Family PRESENT ZONING CG (Commercial General District) and CS (Commercial Shopping District). SURROUNDING ZONING North: RMH (Residential Mobile Home Park District) South: IL (Light Industrial District) East: CS (Commercial Shopping District) across 97`h East Ave. West: AG (Agricultural) CONCEPT OF A PUD The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. The supplemental zoning district PUD must be approved by the City Council as a prerequisite to the Planned Unit Development. ANALYSIS According to the Owasso Zoning Code, the Planning Commission shall hold a public hearing on any PUD application and determine the following: 1. Whether the PUD is consistent with the Comprehensive Plan. 2. Whether the PUD is in harmony with the existing and expected development of surrounding areas. 3. Whether the PUD is a unified treatment of the development possibilities of the project site. 4. Whether the PUD is consistent with the stated purpose and standards of the following PUD ordinance. A. To permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; B. To permit flexibility within the development to best utilize the unique physical features of the particular site; C. To provide and preserve meaningful open space; and D. To achieve a continuity of function and design within the development. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2010 Master Plan identifies the subject property as having a future land use of commercial /office. Although this would seem to be inconsistent with the applicant's proposal, staff should point out that the Master Plan is merely a guideline for future development and is not to be considered concrete. Particular to this case, staff feels that the proposal is consistent with the Comprehensive Plan. Given the changing development pattern in the area, the unlikely chance of the extension of 96`h Street N. and the updates to the Master Plan currently underway, staff is comfortable with the consistency of the applicant's proposal. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT New Brunswick offers a unique housing opportunity not often available within the City of Owasso. The proposal would allow for garden homes in a cohesive neighborhood setting that would supplement the City's current housing stock and provide further opportunities for home ownership. In lieu of another commercial corner in the area, the proposal would provide for a consistent and well- designed subdivision that staff is certain would prove to be an aesthetically pleasing addition to the City of Owasso. UNIFIED TREATMENT OF THE PUD DEVELOPMENT POSSIBILITIES The applicant has effectively utilized the site, its existing features and thoughtfully arranged the site within the PUD. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. Sidewalks will be required along all public rights -of -way associated with the subject property. Perimeter sidewalks must be installed at the time of overall development, while the internal walks may be constructed as individual lots are developed. Acceleration / deceleration lanes are required at all access locations along arterials. The applicant has identified the terrain of the area as relatively flat with some gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in development in and around the City of Owasso. On -site detention is required and will be further defined at the platting stage. The Owasso Technical Advisory Committee reviewed the OPUD- 02- 03/OZ -02 -07 proposal at the September 25, 2002 regular meeting. No comments were received. Staff has received several phone calls in opposition of the request and would expect comment at this public hearing. RECOMMENDATION Staff recommends approval of OPUD -02 -03 / OZ -02 -07 subject to the following conditions: 1. That the applicant's Development Text and Conceptual Development Plan 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 the standards and conditions of this PUD, all single - family lots shall meet the requirements of a typical RS -3 district. 3. Within OPUD- 02 -03, the maximum number of dwelling units shall not exceed 50. 4. That prior to the issuance of building permits, the applicant is subject to the platting and site plan requirements of the City of Owasso and all subsequent conditions imposed by the Owasso Technical Advisory Committee. 5. That no building permits be issued within any portion of the PUD until the developer meets all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations. 6. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 7. That a detailed drainage report certified by a registered engineer be submitted at the time of platting. 8. Visual buffers are to be required at the end of each cul -de -sac. 9. Acceleration/Deceleration lanes will be required on 97`h E. Ave. 10. Sidewalks will be required along 97th E. Ave and 96 " St. N. 11. That all entrance landscaping and /or monuments are reviewed and approved by the Planning Commission. 12. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process. ATTACHMENTS 1. General Area Map 2. Legal Notice 3. Letter to Surrounding Property Owners 4. OPUD -02 -03 Application 5. OZ -02 -07 Application 6. OPUD -02 -03 Outline Development Plan 7. OPUD -02 -03 Conceptual Site Plan NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -02 -07 / OPUD -02 -03 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 7th day of October, 2002. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: THE S/2 OF THE E/2 OF THE SE I/4 OF THE SE 1/4 OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 13 EAST. The property is further described as the northwest corner of the intersection of 97`h East Avenue and 96th Street North, Owasso, OK. To be considered is a rezoning of approximately 10 acres +/- from CS (Commercial Shopping Center) and CG (Commercial General) to PUD /RS -3 (Planned Unit Development /Single Family High Density Residential). 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. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. A map showing the proposed rezoning accompanies this notice. 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 -1543. Dated at Owasso, Oklahoma, this 9th day of September, 2002. Robert Moore City Planner City of Owasso Department of Community Development 111 North Main Street P.O. Box 180 Owasso, OK 74055 (918) 376 -1540 FAX (918) 376 -1597 Inspections- 376 -1542 www.cityofowasso.com NOTICE TO PROPERTY OWNER OPUD -02 -03 / OZ -02 -07 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:00 PM on the 7" day of October, 2002. At that time and place, the Owasso Planning Commission will consider a request from David Charney, applicant /owner, for a proposed change of the zoning classification from CS (Commercial Shopping Center District) and CG (Commercial General District) to PUD /RS -3 (Planned Unit Development /Single Family Residential High Density District), which would allow the site to be utilized for single family residential homes. The subject property is described as follows: S/2 of the E/2 fo the SE '/4 of the SE '/4 of Section 13, Township 21 North, Range 13 East, further described as the northwest corner of the 96' Street N. and 971 East Ave. intersection, Owasso, Oklahoma. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso Community Development Department, PO Box 180, Owasso, OK 74055. These comments will be presented to the Owasso Planning Commission at the scheduled public hearing by the Community Development Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 111 North Main Street, Owasso, Oklahoma, 74055 or by calling 376 -1543. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 11th day of September, 2002. Sincerely, C� Robert Moore City Planner CITY OF OWASSO PLANNED UNIT DEVELOPEMNT APPLICATION GENERAL INFORMATION: GENERAL LOCATION N W C.o c QA o °� b " 5 - . N. t McV Hg a PRESENT ZDNING c PRESENT USE _\l r 'T-m � NO.OFUNTTE N JA ACRES Lu +- IDOHEREBYCERT = THAT THE INFORMATIONHEREIN( �NATU 2E I DATE 3JRr7 =ED ISCOMPLETE, TRUE AND ACCURATE � a��� ��J( r o, w .M nn. G -4 -off.. a -, ir - • . t�- • -- - :ai - • ". «r 11 «r /1 c� ta- •.rti ». _ ni M- FOR INTERNAL O=E USE TAC M FETING DATE I OFC M EEPING DATE aJBM IITAL DATE ZDNING DISTPZT FEE REC=NUMBER APPROVED DENZID_ str- lu -2UU2 rut U:i:U3 FM CITY OF OWASSO hAX Nu, r, U2 SCHEDULE .99 acres s 75 0Z- APPLICATION FOR REZONING 4.99 acres 100 -) �.9 acres 150 a. e5 & above 200 neral Location' /�� _CS Present Use. UbTOh/ esent Zoning: 1� -- ric51o/pi7f7Q� RS--3 Proposed Use: oposed Zoninq: Application: (If by metes and bounds, attach plat of survey) -gal Description of Tract under S/2 E12 5� S� 13 -a1 -13 �Tulsu `ounly f applicant is other than owner, please indicate interest: (purchaser, lessee, agent for, other) rill advertising and sign charges to; (name) PC) Boy ��/o uSSa �X 7�lo5s (phone) ;address) formation herein submitted is complete, true and accurate. [ do here certify that the in Address: ' 24D gigned: Phone: APPLICANT - 00 Nor WRITE BELOW THIS LINL Sec., Twp Rg. Date Received: j Fee Receipt No.: City Council Action: OPC Recossendation: Vote: Date. Date., Staff Recommendation: Ordinance No. Submission for: PLANNED UNIT DEVELOPMENT AE"Xv -31 "yW x a proposed Addition to the City of Owasso, Tulsa County State of Oklahoma S/2 E/2 SE /4 SE /4 Section 13, Township 21 North, Range 13 East) Submitted to: CITY OF OWASSO, OKLAHOMA Prepared by: CHARNEY Et CHARNEY, P.C. P.O. Box 240 Owasso, Oklahoma 74055 (918) 272 -5338 September 9, 2002 TABLE OF CONTENTS DevelopmentConcept ................................................... ............................... 3 StatisticalSummary ...................................................... ..............................4 Development Standards - Garden Homes ............................ ............................... 5 Property Owners' Association .......................................... ............................... 6 Platting Requirements ................................................... ..............................7 SitePlan Review ......................................................... ..............................7 Expected Schedule of Development ................................... ..............................7 Maps: Site Analysis Underlying Zoning 2 DEVELOPMENT CONCEPT New Brunswick is a proposed planned unit development (PUD) comprised of 10 + acres in northwestern Owasso, Oklahoma. The property is located at the northwest corner of 96`h Street North and 97`h East Avenue. The site is characterized by relatively flat to slightly rolling terrain. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent development possibilities. New Brunswick is a residential, "garden- home" type development that will feature low maintenance yards and a small, secure neighborhood feeling. Many prospective residents in today's marketplace desire smaller, well - maintained yards along with cute homes on smaller lots. This development concept will allow that type of home to be developed in a manner that is consistent and well- designed. 3 STATISTICAL SUMMARY Project Area + 10 gross acres ➢ Residential + 10 gross acres Maximum Dwelling Units Requested: 50 DU's DEVELOPMENT AREAS RESIDENTIAL: Single - Family Detached( "Garden Homes ") ➢ Total Area: + 10 gross acres ➢ Requested Number of Dwelling Units: 50 DEVELOPMENT STANDARDS Single- Fami /y Detached H0nU -SMer. Garden Homes Single- family detached structures intended for individual lot ownership. ➢ Permitted Uses ➢ Minimum Lot Size ➢ Maximum Building Height ➢ Minimum Front Yard if Abutting Public Street ➢ Corner Lot Minimum Side Yard Abutting Public /Private Street ➢ Minimum Lot Frontage* ➢ Minimum Lot Depth ➢ Minimum Rear Yard ➢ Minimum Side Yard As permitted within RS -3 District, By right or special exception 5,000 sq. ft. 2 stories 20ft. 15 ft. 50 ft. 100 ft. 15 ft. 5/5 ft. or 0/10 ft. * Cul -de -sac and pie shaped lots may have less than minimum frontage measured at building lines. Othel- Requ11-e77e17t5.• It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 5 PROPERTY OWNERS' ASSOCIATION The Property Owners' Association to be established at New Brunswick will have as its main objectives, the maintenance of the detention area, landscaped entrances, and all other landscaped buffers and islands, if any. These areas are to be prepared by the developer and turned over to the New Brunswick Property Owners' Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner, the city of Owasso will have the right to maintain these areas and bill each member of the New Brunswick Property Owners' Association for that cost. Should payment by any member not occur, the city of Owasso and /or the New Brunswick Property Owners' Association may place a lien on the delinquent member's real property within the platted area. Final documents on the Property Owners' Association of New Brunswick will be filed in the future which will address rights and requirements for association members. R be changed unless changed to a use permitted in the district in which located. A nonconforming use of a building or of a build- ing and land in combination, when located within a district other than a Residential District, may, as a Special Exception, be changed upon approval of the Board of Adjustment after finding that the proposed use will not result in any increase of incom- patibility with the present and future use of proximate properties. The change of a use to another use contained within the same use unit shall not constitute a "change of use" within the meaning of this section. g. Should the structure containing a nonconforming use be damaged or partially destroyed to the extent of more than 50 percent but less than 75 percent of its current replacement cost at the time of damage, the restoration of the structure shall be subject to the Board of Adjustment's findings, after adherence to the procedural requirements for a Special Exception, that the contemplated re- storation is necessary for the continuance of the nonconforming use, and will not result in any increase of incompatibility with the present and future use of proximate properties. Should the structure containing a nonconforming use be damaged or destroyed to the extent of more than 75 percent of its replacement cost at the time of damage, the nonconforming use shall not thereafter continue or be resumed. SECTION 1230 NONCONFORMING SIGNS A sign lawfully existing at the effective date of the adoption or amend- ment of this code but which would be prohibited under the terms of this code or amendment to the code shall be deemed nonconforming. a. All nonconforming signs within the city shall be removed within five (5) years from September 1, 1981 the effective date of Ordinance No. 309. b. All signs granted a variance under Section IX, of Ord. No. 309, the Owasso Sign Ordinance, or other sign ordinances shall not be subject to the provisions of Section VII A of this ordinance. SECTION 1240 NONCONFORMING LOTS a. Single Lots: In any district in which single- family dwellings are permitted, notwithstanding limitations imposed by other pro- visions of this ordinance, a single - family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. 96 CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT SITE PLAN (The Car Wash) STAFF REPORT BACKGROUND The City of Owasso has received a request from Den Moore, applicant, for the review of a site plan for "The Car Wash ". The applicant is proposing to locate a 7,980 square foot full service car wash on approximately 1.87 acres + / -. The subject property is located approximately 500 feet north of the E. 96`h Street N. and 119' East Ave intersection. A site plan and a general area map are included with your packet. LOCATION The subject property is located approximately 500 feet north of the E. 96' Street N. and 1191' East Ave. intersection, further described as a portion of Lot 1, Block 2, Tract B, Owasso Market II. EXISTING LAND USE Vacant SURROUNDING LAND USE North: Vacant South: Vacant -Detention Easement East: Retail - Home Improvement West: Vacant PRESENT ZONING CS (Commercial Shopping District) SURROUNDING ZONING North: OL (Office Low Intensity District) South: CS (Commercial Shopping District) East: CS (Commercial Shopping District) West: CS (Commercial Shopping District) The subject property is zoned CS (Commercial Shopping District). According to the City of Owasso Zoning Code, a full service car wash falls within Use Unit 17 (Automotive and Allied Activities) and is permitted by Special Exception. The applicant applied for and received special exception approval from the Board of Adjustment (OBOA 01 -20) on December 20, 2001 to allow for a full service car wash in a properly zoned CS district. ANALYSIS The applicant is proposing to locate a 7,980 square foot full service car wash on approximately 1.87 acres + / -. Careful review of the application by staff indicates that two issues require attention by this commission. First, the applicant is proposing to locate and lease approximately 9,000 square feet for an automobile lube shop along the southwest corner of the property. Although not a part of the present application, upon approval the lessee will be required to submit a site plan application and receive separate approval from the Planning Commission. Finally, staff has concerns about the location of the required handicapped accessible parking. As first submitted, handicapped persons would be required to wheel across not only the main access drive to the facility, but also the vacuuming area on the eastern side of the facility. Potential conflicts seem apparent to staff in that, handicapped persons would be required to wheel or walk between and around parked cars. Staff will require that the applicant provide an acceptable location for the required handicapped parking. The applicant has met all other parking, landscaping, and locational requirements with the exception of parking stall length requirements. TECEMCAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their September 25, 2002 regular meeting. At that meeting, the following comments were received: 1. Sidewalks are required along N. 1 191 East Ave. 2. Washington Rural Water District requires that the water meter be set outside of paved areas. 3. Parking stalls should be shown as 9' X 20'. 4. Handicapped parking stalls should be shown as 12' X 20' with a minimum 8' access aisle (van accessible). 5. A note should be added to the site plan stating that handicapped parking signage will be in accordance with ADA standards. 6. The handicapped parking location should be moved to provide sufficient and safe access to the main building. 7. A staging area should be shown to the south of the proposed facility. 8. All signage will require a separate permit. Staff or utility providers noted no other comments. The site plan included with your packet contains the recommended changes. Storm water detention for this lot as well as others in Owasso Market II were approved as part of a comprehensive storm water plan for the entire property. If approved by the Planning Commission, this item does not require City Council action. RECOMMENDATION Staff recommends approval of the site plan for "The Car Wash" as shown and subject to the following condition: 1. The applicant applies for and receives separate Planning Commission site plan approval for the proposed lube center prior to the issuance of building permits. ATTACHMENTS 1. General Area Map 2. Site Plan Application. 3. Letter from SEAYCO Group, Inc. 4. "The Car Wash" Site Plan. ITRIIEIUIL auv oca. ter.. x w.ew sc rua mask ma k_w�q �a�Lw�Mx�a s. rur stR iii f�a u nii �M d ara sl A%r ova mrtw � ma w a aam am r anon nnow m nax � mox am. ioe L�. FL 1; nb. _ Owasso Market II A t,:-:5-VP 1l 9,GN OF 1.015 5, 4, 5, 6, &, ^7 DLOCK I � 'OWA550 MAEKET' AN7 A `WPIVI51M O' 7AP.! C,� 1F9 5FA4 5W/ 4 5�C110N II, f-21-N, P,-14-F an w onw�, ru,saca,:w�. wv.Ptera,+. )-ar aw TkA IFN-E o �M �wv wm amar aaax FROM : A TINT Z MOORE PE OF DE IATES FAX NO. : 91e +2,498891 Sep, 03 2002 17:40AM P1 CITY OF ORASSO F.O. BOX 180 OWASSO, OKLAHOMA 740577 272 -2251 PAX (918) 272.1997 SITE PLAN APPLICATION Q Retail/Cornmercial ❑ ❑ Office ❑ ❑ Industrial ❑ NAME OF DEVELOPMENT 9jek ['A' e _ G/..1/llfi LEGAL DESCRIPTION AND ADDRESS OF SITE A Multi- Family Residential Planned Unit Development Other___ LOT rnatage verage Depth Lot Area s IS of itregu ar or a INFORMATION 2v9 . C J feet 310 feet 81,?90S .ft, flag 1017 Wye! pNo ItUILDtNG Front Rear Sides (if comer to £torn center of street) S£TBACX (from center of street) O f t feet feet feet SITE Total Floor Area ITotal Standardl Handicap Access. Loading Berths No. of Signs Totai Sign INFORMATION (non - residential) Parking Parking Area sq.Yt. , 5 1 0 Z 2 $0. RESIDENTIAL No, of Single- Family No. ofDt:plex Dwellings Multi- Favtil Dwellings Tot 1 Livability IHkM llnih 2 +nRM Units INFORMATION Dwellings I Space sq.ft . -7SiL'Z Please subrriit the complcted application fo= and $25 application fee, along with the completed Site Plan Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Site Plans are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Site Plan will be reviewed. The applicant andlor the applicant's consultant should attend both the Technical Advisory Committee and Planning Commission meetings at eb the Site Plan will be /reviewed. APPLICANT SIGNATURE- — DATE !' 02/ TAC MEETING DATE OPC MEETING DATE SUB.V TTAI- DATE _ ZONING DISTRICT_ T� FEE RECEIPT NUMBER APPROVED DENIED ►!I 11 i !!! �i`z1� ► ►` ;1!l 'i r`(' TAC MEETING DATE OPC MEETING DATE SUB.V TTAI- DATE _ ZONING DISTRICT_ T� FEE RECEIPT NUMBER APPROVED DENIED FROM : a TINT .." MOORE iRTES FRX tic'. : 912 +27 {988' 91 rep. 03 2EJ2 19:4:AM P2 CITY 4F oWAS'SO P.O. BOX I N O''NASSO, OKLAHOMA 740:5 (918) 272 -2251 FAX (918) 272.4997 SITE PLAN CHECKLIST SCII3.OZIT THIS CHECKLIST TOGETHER WITH APPROPRIATE APPLICATION FORM WITH ALL MATERLA,L REQUIRED FOR PLANNENG COMMISSION REVIEW. IN ORDER TO MAINTAIN THE PROCESSING SCHEDULE, INCOM- PLETE S1 HNUTTAL PACKAGES CANNOT BE ACCEPTED. WE RECOMMEND A `PREAPPLICATION CONFERENCE" TO DETERMINE SPECIFIC SITE PLAN ISSUES. PLEASE CIIECK (X) ITEMS ADDRESSED. SLT$1vII17AL REQUIREMENTS: Site Plan application packets must be submitted to the City Planner no later ti an the dcadline shown on the official City of Owasso calendar. The Site Plan shall be accompanied by an application and checklist, as provided by the City Planner, along with the following information: _Twenty -Taro (22) copies of the Site Plan* V Ter (10) copies of the following": Grading and Drainage Plan Utility Plan Five (5) copies of the following* Sedimentation and Erosion Control Plan, • Landscape Plan *Plants should be folded to be no larger than 9 "xl2" in size x 11" copy of the following: • Site Plan • Grading and Drainage Plan Landscape Plan Y Completed application. $25.00 fee. Owner authorization to proceed with application. Attach copy if applicant is not record owner's agent. SITE PLAN REQUIREMENTS: Indication of the scale (i.e. 1 " =104') and bar scale. North arrow. ROM A T[NT 3 MOORE IATES FAX NO. : 918 +27498891 Sep. 0 2000 10:d2AP1 F i Location Map (does not have to be drawn to scale)_ _Existing topographic character including trees, slope analysis and soil analysis extending a minimum of 190 feet beyond the perimeter of the site. Location of all floodpiain boundaries and notation of FEMA Flood Insurance Rate Map (PIRA) with which the site is associated. Sufficient surrounding area to demonstrate the relationship of the development to adjacent uses, both existing and proposed. Location and size of existing water and sanitary sewer systems to serve the site. Location, size and use restrictions for all open space and public uses. --4— Location and dimensions of required building setbacks and easements. ✓ Zoning and land uses on adjacent properties. Location and size of all existing and proposed parking areas including driving and maneuvering lanes. The location and dimension of all existing and proposed curb lines, curb cuts and neighboring curb cuts, The location of all existing and proposed drains and culverts. Proposed stonnwater detention facilities and structures. The following information regarding existing streets adjacent to the development site: • Right-of-way (according to the Owasso. ;Major Street and Highway Plan) and pavement widths. • Existing, proposed and anticipated street names and classifications. • Existing and/or proposed access points. • Acceleration and deceleration lanes (required ou arterial streets). • Traffic Island acid other traffic control devices. • Proposed curb cuts, service drives and drainage survey indicating that stormwater flow will not be adversely affected. I The following information on all existing and proposed buildings and structures: • Location • Dimension and square footage, • Building height. • Proposed building elevation • Proposed Use Pedestrian walkways or sidewalks including curb ramps •Hhere required. Location of lighting standards. Location of proposed retaining walls ('include detail and cross - section). Screening from adjacent Residential uses, if applicable. Trash enclosure (include detail). Location., height and material of fences. Location, height and size of any proposed ground sign. Phasing plan (if applicable). _Landscape Plan. Plan data table including the following information: • Site area • Building footprint area (total) • Lot Coverage • Parking required • Parking provided An explanation of the character of the development. Applicant Signature Date Sep 0E 02 01:52p m - `jhe SEAYCO [group, Inc. Mr. D;, n L Mwnc President Moore —Better, Inc. 843 Owasio Expressway Owabso, Qklahonia 7.30`5 via Facsimile (918) 274-9889 Lot 1 Block 1 'Tract 'W of Owasso ,Y111rke3 11 in City a1 Owabso, Tulsa County, Oklahoma Re: p.2 Real Estate Deveinpment 130 AL'st Central Avenue DcntanV0le. Arkansas 2712 Phone: (479)464 -4661 Fax: 479) 464 -4570 S•- pienibcr 6,200-2 Dear Mr Moon. wi;-, reference to the above ideatiiied lot, biock and tr;:.:r vichin Oicasao Market 11 m t1le Ciro of Owassc, Olclahorna, please consider this letter ac authorvaton 20 prneeed with submission of the site pltti application to dic City of Owasso. 1n the event that you have anv questions or su99e3tio;c, pease du wt hesitate to contacr nn, at your convenience. Cor;iially, Z� T. C :)uistnnher Stay r© 1RC 4I • i'.ar h c c F i c h W X :r ac W6 YQ m N N m m I N N r r 1 � - ° ��• i� � ` j � e j i u�i I o,• I 1 +pmt LAW ller � � /. 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P"w a.pp wasll� m a� N m m N p a Ln w V m m A ro W� UU) r O p I m 3 m N T 3; MI m N CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT SITE PLAN (Villas at Bailey Ranch) STAFF REPORT BACKGROUND The City of Owasso has received a request from Architects Collective, applicant, on behalf of Case and Associates for the review of a site plan for the Villas at Bailey Ranch. The applicant is proposing to locate 132 multi - family dwelling units on approximately 6.89 acres + / -. The subject property is located approximately 600 feet north of the E. 86`h Place N. and N. 97' East Ave. intersection. A site plan and a general area map are included with your packet. LOCATION The subject property is described as Lot 2, Block 1, Lakeshore Greens Addition. See the attached legal description. EXISTING LAND USE Vacant SURROUNDING LAND USE North: Residential - Multi - Family South: Vacant East: Residential - Golf Course West: Vacant - Across 97th East Ave. PRESENT ZONING PUD /RM -1 (Planned Unit Development /Residential Multi- Family Low Density District) SURROUNDING ZONING North: PUD /RM -1 (Residential Multi- Family Low Density District) South: PUD /CS (Planned Unit Development /Commercial Shopping District) East: PUD /RS -3 (Planned Unit Development / Residential Single Family High Density District) West: AG (Agricultural District) - Across 97 °i East Ave. ZONING REQUIREMENTS The subject property is zoned PUD /RM -1 (Planned Unit Development /Residential Multi - Family Low Density District). According to the City of Owasso Zoning Code, a multi- family complex falls within Use Unit 8 (Multi - Family Dwelling and Similar Uses) and is permitted by right in the RM -1 zoning district. The proposal, if approved, would meet all other requirements as set forth in the City of Owasso Zoning Ordinance. ANALYSIS The applicant is proposing to locate 132 multi - family dwelling units on approximately 6.89 acres + / -. When the original Planned Unit Development was approved for Bailey Ranch, specific conditions regarding the development of different areas within the PUD were established. Lot 2, Block 1, Lakeshore Greens was identified as a suitable site for multi- family dwelling units. The applicant has provided floor plans for 1 and 2 bedroom apartments and building elevations for the multi - family units. Additionally, sidewalks and an acceleration lane will be required along 97'h East Ave. All other City requirements have been met by the applicant (with the exception Technical Advisory Committee comments discussed below) including a well- designed and detailed landscape plan and all parking requirements (231 required, 235 proposed with 12 handicapped spaces). Property development around a golf course presents some unique and unusual challenges to both staff and the developer. Staff has conducted a comprehensive review of the site and feels comfortable that the site plan submittal is one of quality that has taken into account problems that may arise prior, during or after construction. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the proposed amendment at their September 25, 2002 regular meeting. At that meeting, the following comments were made: 1. An acceleration lane is required for the exit along 97`h East Ave. 2. Sidewalks are required along 97'h East Ave. 3. Parking stalls should be shown as 9' X 20'. 4. Handicapped spaces should be shown as 12' X 20'. -5. Wind / trash fencing is required to be installed around the entire site prior to the issuance of building permits. 6. Landscaping is to be installed per the submitted landscape plan. 7. Individual Certificates of Occupancy will not be issued until each building is complete. 8. All signage permits will be issued separately. 9. Staff will require an agreement approved by the Owasso Police and Fire Departments. 10. Speed bumps will be required within the development. 11. Fire lane(s) are to be provided. 12. The applicant meets or exceeds all requirements set forth in the letter dated September 23, 2002 from Mr. Phil Lutz, City Engineer prior to the issuance of building permits. Staff or utility providers noted no other comments. The site plan included with your packet contains the recommended changes with the exception of the recommendations below. If approved by the Planning Commission, this item does not require City Council action. RECOMMENDATION Staff recommends approval of the Villas at Bailey Ranch Site Plan subject to the following conditions: L The applicant receives approval of an accessibility plan from the Owasso Police and Fire Departments. 2. Fire lane(s) locations are to be addressed separately with the Owasso Fire Department. 3. Individual Certificates of Occupancy will not be issued until each building is complete. 4. The applicant meets or exceeds all requirements set forth in the letter dated September 23, 2002 from Mr. Phil Lutz, City Engineer prior to the issuance of building permits. 5. Wind / trash fencing is required to be installed around the entire site prior to the issuance of building permits. ATTACHMENTS 1. General Area Map 2. Site Plan Application 3. Legal Description 4. Engineering Department Comments 5. Villas at Bailey Ranch Site Plan DATE FILED April 29, 1997 R 14 E ar EAST ca \ EAST 9616 STREET NORTH m via SAii O DTI N N N PLAT NO. 5190 LAKESHORE GREENS AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA A PART OF THE SW /4 OF SECTION 19, TOWNSHIP 2l NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA O.P.U.D. 9 ENGINEER UNR•Ixo LARKIN BAILEY FOUNDATION TUTTLE 6 ASSOCIATES, INC. 612 S. DENVER 9718 E. 55TH PL. TULSA, OK 74119 TULSA. OKLAHOMA 74146 Nt I." •.. n o CERTIFICATE OF AUTHORIZATION NO. 465 EXPIRES 6/70/97 R ,'1 MH[ ♦Im MIdtS O 19 r. s .� AIa Jt k s a.,.lAW •[Ia'16 . a 1 1 swrwur caaKR I EAST 661h STREET NOR IN SCC [9 -t 21N -a NE C V4[1 M•xP1 IX%IPI M�011• ra[r <a.0 IOCATION MAP 617.599 SQUARE FEET 14.18 ACRES 2 LOTS m via SAii O DTI N N N PLAT NO. 5190 LAKESHORE GREENS AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA A PART OF THE SW /4 OF SECTION 19, TOWNSHIP 2l NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA O.P.U.D. 9 N 01'18'18' W 98.34' ""7•�� N 88'55'45' E 346.50' I - I N/E -- -- 17.5 U/E II II II LOT I 1 .I � I 4 , lD I W L'o^C Z 8 Z , 3`c �K �I N .� Dear I POINT MM NEOINNINO ENGINEER OWNER LARKIN BAILEY FOUNDATION TUTTLE 6 ASSOCIATES, INC. 612 S. DENVER 9718 E. 55TH PL. TULSA, OK 74119 TULSA. OKLAHOMA 74146 PHONE, (918) 582.5777 PHONE, (919) 667 -5567 CERTIFICATE OF AUTHORIZATION NO. 465 EXPIRES 6/70/97 IN 88.55'45' E 41M17.43' N 01'18'18' W 98.34' ""7•�� N 88'55'45' E 346.50' I - I N/E -- -- 17.5 U/E II II II LOT I 1 .I � I 4 , lD I W L'o^C Z 8 Z , 3`c �K �I N .� Dear I POINT MM NEOINNINO 1 S 13.31'48' W 72,19' \ N 0 A 1 � w IR — — — — B —u�' — 08 5'45_ W B •iL — — — Ih O / 1 a.,.lAW f~ 1 1 swrwur caaKR Sy/4 SCC [9 -t 21N -a NE 1 S 13.31'48' W 72,19' \ N 0 A 1 � w IR — — — — B —u�' — 08 5'45_ W B •iL — — — — — — .� N 45'00'00' W 15369' UNPLAttE� N S E W B.L. U/E LA A UNPLpt1fO LEGEND NORTH SOUTH EAST VEST BUILDING LINE UTILITY EASEMENT LIMITS OF NO ACCESS THE PLAT BOOK- TULSA COUNTY - COPYRIGHT 1997 ROY MALERNEE, CITY MAP SERVICE, INC. , TULSA, OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FORANY PURPOSE WITHOUT PERMISSION OF COPYRIGHTOWNER. CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 SITE PLAN APPLICATION TYPE OF DEVELOPMENT Frontage ❑ Retail/Commercial IN ❑ Office ❑ ❑ Industrial ❑ NAME OF DEVELOPMENT Villas At Bailey Ranch LEGAL DESCRIPTION AND ADDRESS OF SITE se rd 4200 E. Multi - Family Residential Planned Unit Development Other LOT Frontage Average Depth Lo t Area is t is of uregu az or a INFORMATION 235 Loo 0 ,1 6 2 flag ]ot? feet 8 0 9 feet sq.ft. ❑Yes ❑ No BUILDING Front Rear Sides (If corner lot, from center of street) SETBACK (from center of street) 85 feet 1 25 feet 10 feet 10 feet SITE Total Floor Area Total Standar4 Handicap Access. Loading Berths No. of Signs Total Sign INFORMATION (non - residential) Parking Parking Area 1 0 sq.ft. 435 12 0 0 0 sq.ft. RESIDENTIAL No. of Single- Family No. of Duplex Dwellings Multi -Famil Dwellings To Livability INFORMATION Dwellings I 1BRM Units 2 +BRM Units Space 0 0 66 66 113,322 sq.ft ective Tulsa, OK Please submit the completed application form and $25 application fee, along with the completed Site Plan Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Site Plans are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Site Plan will be reviewed. The applicant and/or the applicant's consultant should attend both the Technical Advisory Committee and Planning Commission ru e,30 g§ at whicp the Site Plan will be reviecged. APPLICANT TAC MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER DA OPC MEETING DATE ZONING DISTRICT APPROVED DENIED ' Rug °26 02 02:39p OwassoCommunityDevelopmnt 916 376 1537 p.3 CITY OF 0 9f1SYO P.O. BOX 180 0 WASSO, OKLAHOMA 74C55 (918) 272-2751 FAX (918) 2727997 SITE PLAN CHECKLIST SUBMIT THIS CHECKLIST TOGETHER WITH APPROPRIATE APPLICATION FORM WITH ALL MATERIAL REQUIRED FOR PLANNING COM,?VIISSION REVIEW. IN ORDER TO A AINTAIN THE PROCESSING SCHEDULE, INCOMPLETE SUBMITTAL PACKAGES CANNOT BE ACCEPTED. NVE RECO.M4t FEND A "PREAPPLICATION CONFERENCE" TO DETERIIIINE SPECIFIC SITE PLAN ISSUES. PLEASE CHECK (,Y) ITEMS ADDRESSED. SUBMITTAL REQUIREMENTS: Site Plan application packets must be submitted to the City Planner no later than the deadline shown on the Official City of Owasso calendar. The Site Plan shall be accompanied by an application and checklist, as provided by the City Planner, along with the following infotmati m: _,X..-Twenty -Two (22) copies of the Site Plan* 1 Ten (I0) copies of the following"`: • Grading and Drainage Plan • Utility Plan Five (5) copies of the folIowing*: • Sedimentation and Erosion Control Plan • Landscape Plan *Plans should be folded to be no larger than 9 "x12" in size One 8 %z" x I I" copy of the following: • Site Plan Grading and Drainage Plan Landscape Plan _Completed application, $25.00 fee. Owner authorization to proceed with application. Attach copy ifapplicant is not record owners agent. SITE PLAN REQUIREMENTS: Indication of the scale (i.e. I'=1 00') and bar scale. —X_Norrh arrow. Aug 26 02 02:39p owasscCommunitBDevelopmnt 918 376 1597 p_4 _,Location Map (does not have to be drawn to scale). _Existing topographic character including trees, slope analysis and soil analysis exte a minimum of 100 feet beyond the perimeter of the site. ding _Location of all floodplaip. boundaries and notation ofFEMA Flood Insurance Rate T fap (FIRivl) with which the site is associated. _Sufficient surrounding area to demonstrate the relationship of the development to adjacent uses, both existing and proposed. k Location and size of existing water and sanitary sewer systems to serve the site. Location, size and use restrictions for alt open space and public uses. Location and dimensions ofrequired building setbacks and easements. Zoning and land uses on adjacent properties. __Location and size of all existing and proposed parking areas including driving and maneuvering lanes. *_)�_The location and dimension of all existing and proposed curb Iines, curb cuts and neighboring curb cuts. _ The location of all existing and proposed drains and culverts. *Proposed stornwater detention facilities and structures. _X,,._The following information regarding existing streets adjacent to the development site: • Right -of -way (according to the Owasso Maior Street and Hi hwavpl an ) and Pavement widths. • Existing, proposed and anticipated street names and classifications. • Existing and/or proposed access points. • Acceleration and deceleration lanes (required on arterial streets)_ • Traffic Island and other traffic control devices. • Proposed curb cuts, service drives and drainage survey indicating that stotmwater flow will not be adversely affected. The following information on all existing and proposed buildings and structures: • LOeation • Dimension and square footage. • Building height. • Proposed building elevation • Proposed Use Rug °26 02 02:39p OwassoCommunit9Developmnt 918 376 1597 p.5 __X'Pedest ian walkways or sidewalks including curb ramps where required. _Location of Iighting standards. Location of proposed retaining walls (include detail and cross - section). Screening from adjacent Residential uses, if applicable. Trash enclosure (include detaiI). _Location, height and material offences. Location, height and size of any proposed ground sign. Phasing plan (if applicable). %_Landscape Plan. Plan data table including the follmving information_ • Sitearea • Building footprint area (total) • Lot Coverage • Parking required • Parking provided of the character of the development. Z LEGAL DESCRIPTION A TRACT OF LAND IN THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF. LOT 2 BLOCK 1 OF LAKESHORE GREENS ADDITION Public Works Department 301 West 2"" Avenue P.O. Box 180 Owasso, OK 74055 September 23, 2002 Tuttle & Associates. Inc. 9718 East 55`h Place Tulsa, OK 74146 City of Owasso SUBJECT: Stormwater Drainage, Site Design Villas at Bailey Ranch Owasso, Oklahoma Dear Sirs or Madams: (918) 272.4959 FAX (918) 272 -4996 This letter is in response to your recent submittal for the proposed stormwater system design for the subject development. Your submittal included only a copy of the HEC -1 output. A comprehensive hydrologic analysis is required to evaluate the effects of the development and should include a text summary of data used to develop the study, conclusions and supportive maps and drawings as follows: 1. Summary of existing and proposed conditions; associated pre- and post - development drainage area maps 2. Runoff comparisons, pre -and post — development for the 5 -year, 100 -year and 500 -year events 3. A summary of the proposed detention facility; volume of increased runoff vs. storage provided; erosion control on the pond slopes 4. Pond elevations and outflows for the 5 -, 100- and 500 -year events indicating that the proposed embankment will provide one foot of freeboard above the 500 -year event. 5. Details of the pond outlet structure indicating that detention will be provided starting at the 5 -year event. Design shall include concrete trickle channels for low flows in the pond invert and improved roadway drainage ditches. Design shall include energy dissipation measures to eliminate erosion of the Mingo Road embankment. 6. An analysis of the effect of pond discharges on existing downstream property and structures. The cuIvcrl under Mingo Road is a one -foot diameter arch pipe. Will ditch grading be such that any discharge not accommodated by this pipe be routed south to the 86`' Street North intersection or will this pipe be upgraded to accommodate anticipated flow? If excess flow is routed south, will the existing structure under 86 °i Street North be sufficient to preclude adverse effects at the intersection? 7. The hydrologic analysis shall be signed and stamped by the design engineer. If you require further information, please contact this office at 918- 272 -4959. Sincerely, OWASSO PUBLIC WORKS DEPARTMENT nz e Project Manager cc: Public Works Director LCity Planner TUiTLE & Associates, Inc. ENGINEERS • ENVIRONMENTALISTS • PLANNERS 9718 EAST SSIh PLACE -TULSA, OKLAHOMA 74148 (918) B83-5587 • FAX (810) 8812074 Sep 13, 2002 Phil Lutz, P.E. City of Owasso 111 N. Main Owasso, OK RE: VILLAS @ BAILEY RANCH Dear Phil: Please find enclosed a set of conceptual grading and utility plans for the above referenced project. Corrections have been made as a result of our meeting yesterday. We have increased the size of the pond adjacent to Mingo Road and plan to divert stormwater from area "a" and "b" from Lakeshore Greens now going east, to the new pond. This water naturally drains west to Mingo, but was diverted thru the hill to the east. Also enclosed is a HEC1 computer model of the pond with water from Lakeshore and our new site routed thru the pond. Developed runoff going east to the existing ditch will not be greater than the undeveloped. Discharge from the pond will be to the ditch along Mingo. This drainage concept conforms to the master drainage plan prepared by POE in 1992. I am satisfied that I can make this system work in compliance with the Owasso design criteria. Sin 2_Y�A. ITttle, ly, c1 d�f P.E.; L.S. 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