HomeMy WebLinkAbout2004.03.08_Planning Commission AgendaOwasso Planning Commission
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PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING CONMHSSION
TYPE OF MEETING: Regular
DATE: March 8, 2004
TIME: 7:00 p.m.
PLACE: Old Central, 109 N. Birch
NOTICE FILED BY: Duane Cuthbertson, City Planner
Notice of Addendum filed in the office of the City Clerk and posted on the city hall bulletin
board at 2:00 p.m. Thursday, March 4, 2004.
Duane Cuthbertson, City Planner
ADDENDUM TO AGENDA
The following is submitted as an addendum to the Agenda filed on February 27, 2004. Items
numbered 1 through 4 shall remain the same. Items numbered 5 through 15 are now numbered 6
through 16, and new item 5 is listed as follows:
5. Consider appropriate action related to the election of a Vice - Chairman and Secretary.
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING COMMISSION
TYPE OF MEETING:
DATE:
TIME:
PLACE:
NOTICE FILED BY:
TITLE:
Regular
March 8, 2004
7:00 PM
Old Central
109 N. Birch
Duane Cuthbertson
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 February 27, 2004.
Duane Cuthbertson, City Planner
I. Call to Order
2. Roll Call
3.
4.
5.
6.
OWASSO PLANNING COMMISSION
Monday, March 8, 2004 at 7:00 PM
Old Central
109 N. Birch
AGENDA
Approval of Minutes from the February 9, 2004 Regular Meeting.
Approval of Minutes from the March 1, 2004 Special Meeting.
OA 04 -02 — A request for the approval of an annexation of approximately 42
acres located in the northwest corner of E. 106'h St. N. and U.S. Highway 169.
OA 04 -03 — A request for the approval of an annexation of approximately 29.8
acres located in the 12300 block of N. Garnett Road, immediately north of the
Country Estates VI addition.
OZ 04 -02 — A request for approval to rezone approximately 35.3 acres located
south and west of the southwest comer of E. 96' St. N. and N. 129' E. Ave.
adjacent to the east side of U.S. Highway 169 from RS -3 /OM to CS.
Lot Split (OLS 04 -03) — A request for the approval of a Lot Split for property
located' /4 mile east of U.S. Highway 169 on the south side of E. 116' St. N.
9. Lot Split (OLS 04 -04) — A request for the approval of a Lot Split for property
located in the northeast corner of the U.S. Highway 169 service road and E. 103`d
St. N. in the Coffee Creek Addition.
10. Site Plan (Twenty First Properties) — A request for the review and approval of a
Site Plan proposing an additional retail building in the Mingo Valley Shopping
Center located in the northeast corner of U.S. Hwy 169 and E. 86n' Street North.
11. Consider appropriate action relating to a proposed change of the zoning ordinance.
12. Report on Monthly Building Permit Activity.
13. Report on Planning Items Previously Forwarded to City Council.
14. Discussion of Development In and Near Owasso.
15. Adjournment.
OWASSO PLANNING COMMISSION
MINUTES OF REGULAR MEETING
Monday, February 9, 2004
Owasso City Hall Annex
109 North Birch, Owasso, Oklahoma
MEMBERS PRESENT
Ray Haynes
Dewey Brown
Dale Prevett
MEMBERS ABSENT
STAFF PRESENT
Duane Cuthbertson
Marsha Hensley
Rickey Hayes
Dan Salts
The agenda for the regular meeting was posted at the north entrance to City Hall on January 26,
2004 at 12:00 PM.
1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM
and declared a quorum present.
2. ROLL CALL
3. CONSIDER APPROVAL OF THE MINUTES OF JANUARY 12, 2004 REGULAR
MEETING - The Commission reviewed the minutes of January 12, 2004 Regular
Meeting, Dewey Brown moved, seconded by Dale Prevett to approve the minutes. A vote
on the motion was recorded as follows:
Ray Haynes - Yes
Dewey Brown — Yes
Dale Prevett - Yes
The motion carried 3 -0.
4. OA 04 -01 Dominion Corn — A request for the approval of an annexation of 19.75 acres
located in the northwest corner of E. 66h St. N. and N. 129°i E. Ave.
The Chair introduced the item and Duane Cuthbertson gave the staff review. The
applicant is requesting this annexation petition in order to begin a process that will result
in the residential development of the property. Staff published legal notice of the
annexation petition and letters of notification were mailed to property owners within 300'
of property. On January 28, 2004 the Owasso Annexation Committee unanimously
recommended approval of the request. Staff recommends approval of OA 04 -01 to annex
the subject property into the city limits of Owasso.
Ray Haynes moved to approve the annexation request, seconded by Dale Prevett. A vote
on the motion was recorded as follows:
OWASSO PLANNING COMMISSION
February 9, 2004
Page No. 2
Ray Haynes - Yes
Dale Prevett — Yes
Dewey Brown - Yes
The motion carried 3 -0.
5. OZ 04 -01 (Old First Baptist Church) — A request for the approval of rezoning
approximately 3.2 acres located in the southeast corner of N. 125"' E. Ave. and E. 86 " St.
N. on the old First Baptist Church site from RS -3 to CG.
The Chair introduced the case and Duane presented the item. The applicant is requesting
CG zoning specifically so as to be consistent with the surrounding zoning. Public notices
were mailed to property owners within 300' of the subject site. Phone calls were received
regarding the impact of the drainage situation in the neighborhood south of the area. Staff
recommends approval of OZ 04 -01. Mr. David Charney and Pete Kourtis were present
to answer questions. The following are comments made from several surrounding
property owners present:
Jim Hamilton (12504 E 84 St No) — Concerns regarding stormwater drainage. Does not
want the southernmost lot to become commercial.
Stan Seaton (8411 N 125 E Ave) — Expressed concerns with drainage. Does not have
concerns with the actual church property being rezoned but not to go any further south.
Diane Berryhill (12525 E 84 St No) — Presented pictures of flooding around her home.
Does not want to see any more flooding in the area.
Mike Rosa (15920 E 84 St No) — Would like to see something worked out with the
southern lot property owners, maybe turning lot into a park.
Herbert Finnell (9411 No Memorial) — Has fought this drainage problem for several
years. Maybe the drainage pipe is not large enough to carry the stormwater.
Mr. Chris Cross, Engineer for the Owasso Public Works Department, stated that this
problem is at the top of their list to review. There will be an evaluation performed of the
area for a possible regional detention facility.
Mr. David Charney stated that if any changes are made to the structure City of Owasso
building codes and regulations would be followed. All drainage plans will be reviewed
extensively by the City of Owasso Engineering Department. Mr. Charney also assured
the property owners that Owasso Land Trust does not own the southernmost lot and has
no intentions of purchasing the property. Duane reassured the Commissioners that the
OWASSO PLANNING COMMISSION
February 9, 2004
Page No. 3
rear parcel is not included in this rezoning request it will remain RS -3.
Dale Prevett moved to approve OZ 04 -01, subject to the review of the area's stormwater
drainage by the Public Works Department. Also, subject to letters mailed to Mr. Jim
Hamilton, Mr. Stan Seaton and Ms. Diana Berryhill, detailing the results of the drainage
review. Ray Haynes seconded the motion. A vote on the motion was recorded as
follows:
Ray Haynes - Yes
Dale Prevett - Yes
Dewey Brown - Yes
The motion carried 3 -0.
6. Easement Vacation - (Coffee Creelcl- A request for approval of an Easement Vacation
on Lot 10, Block 3 and a portion of Lot 11, Block 3 in the Coffee Creek Addition.
The Chair introduced the case and Duane gave staff review. The easement in question is
a 10' strip of property equally splitting Lots 10 & 11 of Block 3 in Coffee Creek
Addition. The applicant built a house on Lot 10 over the empty utility easement on the
northern boundary. The applicant, Mr. Bob Jones, was present to address concerns and
stated that he has cleared the requested easement closure with all applicable utility
providers. Staff recommends approval of the Easement Closure.
Ray Haynes moved to approve the easement vacation, Dewey Brown seconded the
motion. A vote on the motion was recorded as follows:
Ray Haynes - Yes
Dale Prevett - Yes
Dewey Brown - Yes
The motion carried 3 -0.
7. Preliminary Plat (Garrett Creek Estates I1) - A request for the review of a Preliminary
Plat residential subdivision containing 104 lots on 4 blocks within 26.09 acres located 1/2
mile south of E. 116' St. N. on the east side of N. 129' East Avenue.
The Chair introduced the item and Duane reviewed the staff report. This proposed plat is
a part of the Garrett Creek PUD (OPUD 02 -02) which outlines the use of the property as
residential. Staff recommends approval. Mr. Chip Carroll was present in representation
of the applicant. Discussion was held regarding the reserve area located on the east side
of the property. Ray Haynes stated that he would like to see this area paved. Mr. Carroll
OWASSO PLANNING COMMISSION
February 9, 2004
Page No. 4
confirmed that Alan Blakesly, the Developer of Garrett Creek, is aware and has agreed to
pave the area. Stormwater detention for Garrett Creek was also discussed briefly.
Ray Haynes moved to approve the preliminary plat for Garrett Creek Estates II subject to
Staff and TAC recommendations being met. Also subject to the reserve area being paved
located between Lot 33 and 34, Block 1. Dale Prevett seconded the motion. A vote on
the motion was recorded as follows:
Ray Haynes - Yes
Dale Prevett - Yes
Dewey Brown — Yes
The motion carried 3 -0.
8. Final Plat (Garrett Creek Center) — A request for the review and approval of a Final
Plat commercial addition containing seven (7) lots on two (2) blocks within 9.65 acres of
commercial property located in the southwest corner of U. S. Hwy 169 and E. 116"
Street North.
The Chair introduced the case and Duane gave review. The applicant is requesting
approval of the Garrett Creek Center Final Plat so that they may plat and develop the
property as a commercial shopping center. This final plat is part of the Garrett Creek
PUD (OPUD 02 -02) which outlines the use of the property as commercial. Owasso
Technical Advisory Committee reviewed the plat at their January 28, 2004 meeting. The
following comments were provided:
1. Communitv Development: Provide lines of Limits of No Access (LNA)
along the entire northern boundary except where a 30' Mutual Access
Easement exist between Lots 1, 2 & 3 in Block 2 and between lots 2 & 3
in block 1, where the 80' ROW for N. 135`s E. Ave. intersects E. 116°i St.
N. and on Lot I of Block 1.
2. Public Works: Create an exclusive 5' drainage easement (DE) along the
Mutual Access Easement within Block 2.
3. Public Works: Provide public access to Sanitary Sewer lift station behind
Lot 2 of Block 1.
Conditions made at that meeting have been addressed. Any development on the property
will be subject to a site plan review. Mr. Chip Carroll was present representing the
applicant. The drainage access easement located on N. 135 East Ave. was discussed
briefly. Staff recommends approval of the Garrett Creek Center final plat.
Ray Haynes moved to approve the Final Plat for Garrett Creek Center subject to TAC
OWASSO PLANNING COMMISSION
February 9, 2004
Page No. 5
and Staff recommendations, Dewey Brown seconded the motion. A vote on the motion
was recorded as follows:
Ray Haynes - Yes
Dale Prevett - Yes
Dewey Brown — Yes
The motion carried 3 -0.
ADDENDUM TO AGENDA
Notice of Addendum filed in the office of the City Clerk and posted on the city hall
bulletin board at 2:00 PM Thursday, February 5, 2004.
9. OLS 04 -02 — A request for approval of a Lot Split on property located 1/2 mile north of
E. 86'" St. N. on the East side of N. 145' E. Ave.
The Chairperson presented the item and Duane reviewed the staff report. The applicant is
requesting approval for a lot split of the southern 35 feet of Lot 2, Block 11 in Preston
Lakes. This request is in response to Planning Commission conditions imposed on
Owasho of Owasso site plan. The subject lot (Lot 2, Block 11 in Preston Lakes Addition)
had previously been split into two tracts (a northern 65' and southern 35'). The southern
lot was a strip of 35' that was to be tied to Lot 1, Block 11 to the south. The 25' strip
will remain tied to "original" Lot 1, Block 11 in Preston Lakes. The 10' strip will be
conveyed to the Owasho of Owasso site and become legally attached. Staff recommends
approval of the Lot Split request.
Ray Haynes moved to approve the Lot Split, Dale Prevett seconded the motion. A vote
on the motion was recorded as follows:
Ray Haynes - Yes
Dale Prevett - Yes
Dewey Brown — Yes
The motion carried 3 -0.
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.
OWASSO PLANNING COMIVIISSION
February 9, 2004
Page No. 6
13. Adjournment — Dewey Brown moved, Ray Haynes seconded, to adjourn the meeting.
A vote on the motion was recorded as follows:
Ray Haynes - Yes
Dale Prevett - Yes
Dewey Brown — Yes
The motion carried 3 -0 and the meeting was adjourned at 8:15 PM.
Chairperson
Secretary
Date
The agenda for the special meeting was posted at the north entrance to City Hall on
February 20, 2004 at 12:OOPM.
1. CALL TO ORDER — Chairperson Ray Haynes called the meeting to order at
5:30PM and declared a quorum present.
1 INTRODUCTION OF THE NEW PLANNING COMMISSIONERS —
Introductions of each member was made.
INTRODUCTION OF CITY STAFF — Staff members present were introduced to
the new members of the Planning Commission.
4. DISCUSSION ON THE CITY OF OWASSO ORGANIZATION —Mr. Rodney
Ray discussed Owasso's form of City Government and how the Planning
Commission fits within that organization. Mr. Ray then discussed the City of
Owasso's future and some of the challenges that the city will face. He then
discussed how the Planning Commission should work to manage those
expectations. No actions were necessary or taken.
DISCUSSION ON THE ROLE OF THE PLANNING COMMISSIONER — Mr.
Eric Wiles discussed the role of the Planning Commissioner in regards to the
development of a city. No action was necessary or taken.
6. DISCUSSION OF THE OPEN MEETING ACT — Mr. Ron Cates discussed the
open meeting act with the members of the Planning Commission. He related the
open meeting act to the proceeding of the Planning Commission public hearings.
No action was necessary or taken.
7. DISCUSSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT —
Mr. Eric Wiles discussed the organization of the Owasso Community
Development Department. He detailed the department and discussed the roles of
each member of the department and related those roles to the Planning review
process. No action was necessary or taken.
OWASSO PLANNING COMMISSION
MINUTES OF SPECIAL MEETING
Monday March 1, 2004
Owasso City Hall, 1" Floor Conference Room
111 N. Main St., Owasso, OK
MEMBERS PRESENT
MEMBERS ABSENT
STAFF PRESENT
Ray Haynes
Dale Prevett
Rodney Ray
Marilyn Hinkle
Ron Cates
Duane Coppick
Eric Wiles
Kevin Vanover
Duane Cuthbertson
The agenda for the special meeting was posted at the north entrance to City Hall on
February 20, 2004 at 12:OOPM.
1. CALL TO ORDER — Chairperson Ray Haynes called the meeting to order at
5:30PM and declared a quorum present.
1 INTRODUCTION OF THE NEW PLANNING COMMISSIONERS —
Introductions of each member was made.
INTRODUCTION OF CITY STAFF — Staff members present were introduced to
the new members of the Planning Commission.
4. DISCUSSION ON THE CITY OF OWASSO ORGANIZATION —Mr. Rodney
Ray discussed Owasso's form of City Government and how the Planning
Commission fits within that organization. Mr. Ray then discussed the City of
Owasso's future and some of the challenges that the city will face. He then
discussed how the Planning Commission should work to manage those
expectations. No actions were necessary or taken.
DISCUSSION ON THE ROLE OF THE PLANNING COMMISSIONER — Mr.
Eric Wiles discussed the role of the Planning Commissioner in regards to the
development of a city. No action was necessary or taken.
6. DISCUSSION OF THE OPEN MEETING ACT — Mr. Ron Cates discussed the
open meeting act with the members of the Planning Commission. He related the
open meeting act to the proceeding of the Planning Commission public hearings.
No action was necessary or taken.
7. DISCUSSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT —
Mr. Eric Wiles discussed the organization of the Owasso Community
Development Department. He detailed the department and discussed the roles of
each member of the department and related those roles to the Planning review
process. No action was necessary or taken.
8. DISCUSSION OF THE PLANNING PROCESS —Mr. Duane Cuthbertson
discussed the various applications to the Planning Commission. He then
discussed the review process at length for each application.
9. An open discussion on the Planning Commission review process and expectations
of the Planning Commissioners.
10. Discussion of participation in the Owasso Annexation committee. The Planning
Commission came to agreement that Mr. Duane Coppick would be interested in
participating as a Planning Commission representative on the Annexation
committee alongside Mr. Dale Prevett.
11. ADJOURNMENT — Mr. Haynes moved, Ms. Hinkle seconded, to adjourn the
meeting. The Planning Commission voted unanimously to adjourn the meeting at
7:50 PM.
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OA 04 -02
(FIRST FREE WILL BAPTIST CHURCH)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from the First Free Will Baptist Church,
applicant /owner, for the annexation of approximately 42 acres, more or less. At this time it is
our understanding the applicant is requesting this annexation petition in order to begin a process
that will result in the development of facilities to the site which would include an addition to the
existing church, private faith -based school and day care and the addition of senior housing and
sports fields. The church would like to utilize HUD (U.S. Department of Housing and Urban
Development) funding for the development of senior care housing. The applicant believes that it
would improve their chances of receiving the grant if the property were inside a municipal
boundary.
LOCATION
The property is located in the northwest comer of East 106`s Street North and U.S. Highway 169.
A general area map is attached for your review.
EXISTING LAND USE
A church and private school currently occupies the site.
SURROUNDING LAND USE
North: Vacant
South: Rural residential
East: U.S. Highway 169
West: Rural residential; along the western edge of the highway is a 100' strip of intended right -
of -way that is connected to Garrett Creek to the north. The strip is not developed at this time.
AG (Agricultural District) — Tulsa County
The subject property is surrounded by AG (Agricultural District) — Tulsa County on all sides
except for Hwy 169 to the east.
ANALYSIS
Staff has received a petition from the First Free Will Baptist Church, requesting that the City of
Owasso annex approximately 42 acres of property. At this time it is our understanding the
applicant is requesting this annexation petition in order to begin a process that will result in the
development of facilities to the site which would include an addition to the existing church,
private faith -based school and day care and the addition of senior housing and sports fields.
If the property is annexed into the city the applicant will be required to follow normal
development procedures which would include rezoning, preliminary and final plat and site plan
review. If annexed, any development proposed for the property would be required to meet the
Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site
engineering standards as proscribed by Public Works including but not limited to paved streets
and sidewalks. The property is currently inside the City of Owasso sewer service area and water
is served by the Rural Water District #3 of Washington County.
There are some development concerns with the site. Those include sidewalks,
acceleration/deceleration lanes, and sewer however with the intentions of the developer to
expand the development on the site staff feels comfortable that those specific development issues
will be resolved during the development process. The applicant is aware that their entire site
must meet city standards before any additional development is permitted and/or finalized. The
applicant is in the process of connecting the site to City sewer.
The Owasso 2010 Land Use Master Plan calls for high intensity commercial and institutional
(school) development to occur in that general area.
Staff published legal notice of the annexation petition in the February 19, 2004 edition of the
Owasso Reporter and letters of notification were mailed to property owners within a 300' radius.
To this date staff has received no phone calls or correspondence concerning the request.
ANNEXATION COMMITTEE
On February 25, 2004 the Owasso Annexation Committee convened to consider the request, the
Committee consists of City department directors, representatives of the Owasso City Council,
Planning Commission, the Owasso school board and citizens at large. The Owasso Annexation
Committee concluded that the request is consistent with the Owasso Annexation Policy and
thereby unanimously recommended approval of the request.
RECOMMENDATION
Staff recommends approval of OA 04 -02 to annex the subject property into the city limits of
Owasso.
ATTACBAIENTS:
1. Applicants Annexation Petition
2. General Area Map and site survey
3. City of Owasso Annexation Policy.
4. Copy of the February 25, 2004 Annexation Committee Minutes
5. Legal Notice.
BEFORE THE HONORABLE
CITY COUNCIL OF
THE CITY OF OWASSO, OK
PETITION FOR ANNEXATION
The members of the First Free Will Baptist Church of Owasso, 13413 East 106 °i Street
North, Owasso, Oklahoma, 74055, having a quorum, met in business on August 24, 2003
(see attached), do seek annexation for the property hereinafter situated in Tulsa County,
Oklahoma, to wit:
LEGAL DESCRIPTION
LOT ONE (1). BLOCK ONE (1), OWASSO FREEWILL BAPTIST CHURCH, A SUBDIVISION IN THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE /4 SW /4) OF SECTION NINE (9),
TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST; AND A TRACT OF LAND
THAT IS PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE /4 SW /4) OF
SECTION NINE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF
THE INDIAN BASE AND MERIDIAN, STARTING AT THE SOUTHWEST CORNER OF THE SE /4
SW /4 OF SAID SECTION 9; THENCE N 88' 44' 40" EAST ALONG THE SOUTHERLY LINE OF SAID
SECTION 9 FOR 390.00 FEET; THENCE N 01' 13' 58" WEST AND PARALLEL WITH THE WESTERLY
LINE OF THE SE /4 SW /4 FOR 71.42 FEET TO THE POINT OF BEGINNING OF SAID TRACT
OF LAND; THENCE CONTINUING N 01" 13' 5B" WEST AND PARALLEL WITH THE WESTERLY LINE
OF SAID SE /4 SW /4 FOR 1002.52 FEET; THENCE N Or 44' 37" EAST FOR 593.73 FEET; THENCE
S 11' 12' 59" WEST, PARALLEL WrIH AND 100.00 FEET WESTERLY OF AS MEASURED PERPENDICULAR
TO THE WESTERLY RIGHT -OF -WAY LINE OF US -169 FOR 372.31 FEET TO THE NORTHEAST
CORNER OF LOT 1, BLOCK 1, OWASSO FREEWILL BAPTIST CHURCH, THENCE S 88. 44' 37"
WEST ALONG THE NORTHERLY LINE OF SAID LOT I FOR 453.47 FEET TO THE NORTHWEST
CORNER OF LOT 1; THENCE S 01. 13' 58" EAST ALONG THE WESTERLY LINE OF LOT 1 FOR
633.00 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE S 83. 02' 02" WEST ALONG
THE NORTHERLY RIGHT -OF -WAY LINE OF US -169 WEST EXIT RAMP FOR 80.30 FEET TO
THE POINT OF BEGINNING OF SAID TRACT OF LAND; AND A TRACT OF LAND BEGINNING
AT THE SOUTHWEST CORNER OF THE SE /4 SW /4 OF SAID SECTION; THENCE N 88. 44'
40" EAST AND ALONG THE SOUTH LINE OF SAID SE /4 SW /4 A DISTANCE OF 175.93 FEET;
THENCE N 1. 15' 20" WEST A DISTANCE OF 50.00 FEET; THENCE N 83. 01' 52" EAST A
DISTANCE OF 215.16 FEET; THENCE N 1' 13' 58" WEST A DISTANCE OF 1002.52 FEET; THENCE
S 88' 44' 37" WEST A DISTANCE OF 390.02 FEET TO THE WEST LINE OF THE SE /4 SW /4;
THENCE S V 13' 58" EAST A DISTANCE OF 1073,93 FEET TO THE POINT OF BEGINNING;
AND A TRACT OF LAND BEGINNING AT A POINT 1073.93 FEET NORTH OF THE SOUTHWEST
CORNER OF THE SE /4 SW /4 AND ON THE WEST LINE OF SAID SE /4-SW /4 THENCE N 88'
44' 37" EAST A DISTANCE OF 983.75 FEET TO A POINT 100.00 FEET WEST OF AND AT A RIGHT
ANGLE TO THE WEST LINE OF US -189; THENCE N 11' 17' 16" EAST A DISTANCE OF 74.14
FEET; THENCE N 3' 15' 37" EAST A DISTANCE OF 805.72 FEET; THENCE N 1. 18' 03" WEST
• DISTANCE OF 249.65 FEET; THENCE S 88' 44' 37" WEST A DISTANCE OF 1046.98 FEET TO
• POINT ON THE WEST LINE OF SAID E/2 SW /4; THENCE S 1. 13' 53" EAST A DISTANCE
OF 929.36 FEET TO THE POINT OF BEGINNING, TULSA COUNTY, STATE OF OKLAHOMA.
Said tract contains 42 acres more or less and will be used for a church, private faith -based
school, day care, senior housing development and sports fields.
Being a territory adjacent to and contiguous to the incorporated City of Owasso,
Oklahoma and not presently embraced within the limits thereof, hereby petitions the City
Council of the City of Owasso, Oklahoma, to amlex the aforementioned real estate into
the city limits of said city.
Dated the 29th day of January, 2004
(!Ncz�a
Sid Foster
Chairperson of the General Board
C- _i --) , , , - , I
Rejoice Free Will Baptist Church
August 24, 2003
Pastor Leonard Pirtle read Ephesians 3:14 -21
Called into Church In Action business conference by Pastor Leonard Pirtle.
Pastor Pirtle gave an overview of the new gym expansion project. We want to add a 35'
x 120' expansion to existing gyro. We still have 13 acres available that we could
purchase. We need to add two Sunday School times, and three worship hours (the new
worship time at 9:45 a.m. in the gym.) We are presently $1.4 million in debt now; we
want to retire our debt, not add to it.
Pastor Pirtle presented Casey Cariker as staff growth campaign coordinator; and Ron
Hall as the Steering Committee Chairman.
Pastor Pirtle led in prayer for wisdom in our decision.
Casey Cariker presented the fact that reaching people was our master plan; and that we
need to be best stewards of our facility. Sunday, October 5, 2003 will be our kick -off
Sunday to this campaign.
Our objectives should be:
1) Higher in Worship (by renovating the gym so we can add a third service during
the 9:45 a.m. service.)
2) Deeper in Discipleship (by preparing to add a second Sunday School at 11 a.m.;
we will be able to disciple 200 -300 more adults each week)
3) Stronger in Fellowship (by building an expansion west of our gym; allowing
Wednesday night dinners; Prime - timers fellowships; and wedding receptions)
4) Wider in Partnership (by partnering with our school ministries for a new lunch
expansion and bleacher space; youth ministries and gym renovations; and
children's renovation)
5) Greater in Stewardslup (by continuing to teach Biblical stewardship through our
preaching, teaching and classes like Financial Peace University)
Ron Hall reminded us how our church has progressed, and grown since our move from
our Atlanta location. We have made an investment in eternity for our families. Our
objective is to reach and develop more people.
Pastor Pirtle gave an update on our new maintenance director, Troy Wilstead. We were
reminded that growth is still coming! And we need to take care of our buildings.
Pastor Pirtle gave us some items to consider: (See attached sheet)
1) Contract with Brewer Construction Co. to add a 35'x120' extension to our
existing gym. Cost not to exceed $360K total.
2) Conduct a "faith raising" program to pay for the project through cash gifts and
conunitments. The campaign would run October 5- November 16, 2003; with all
funds turned in by January 2005.
3) Seek annexation for all 42 acres with the City of Owasso. (Pastor Pirtle and the
General Board will pursue and handle.)
It was made known that Rejoice Christian School has committed $150K to this project.
We want this to be completely funded by January 2005.
Construction would take approximately six months.
Questions and comments from the floor were answered by Pastor Pirtle.
Motion made and seconded. Passed.
Pastor Pirtle presented Casey Cariker as staff coordinator, and Ron Hall as director of
the steering committee. Note: Trustee Board will oversee construction work, working
with the Finance Committee and RCS.
Motion made and seconded. Passed.
A faith raising campaign be conducted for tlus campaign to begin October 5- November
16, 2003; to be directed by Ron Hall, and a steering committee to assist him.
Motion made and seconded. Passed.
A motion was made to seek annexation for all 42 acres with the City of Owasso. Motion
made and seconded. Passed. (Note: the committees would work with the city of
Owasso; not Tulsa County.) Motion made and seconded. Passed.
Motion made to adjourn.
Dismissed in prayer.
Respectfully Submitted,
Jeanette Hall, Church Clerk
Subject
Property
Owasso community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
--ww. cityofowasso.com
OA 04 -03
Free Will Baptist Church
NW comer of E. 106th St. N./ U.S. Hwy 169
✓ 13+ aca
A
qoo,
E #:10091
AT: OWASSO FREEWILL
WHITE SURVEYING COMPANY
• BB08 EASE 55TH PLACE T , 0MAHUW 74148 • (916) 555 -0924
EXHIBIT
PROPERTY TOE BE ANNEXED
BAPTIST CHURCH
ANNEXATION POLICY
The following annexation policy for the City of Owasso is provided as a guideline and should not
be construed as inflexible requirements for annexation.
1. While there is no minimum tract size, properties of larger than 20 acres are preferable.
2. All properties should be contiguous to existing City limits.
3. All properties should be annexed into the City limits as the lowest zoning classification, that
is, Agricultural (AG). Landowners may then petition for rezoning if they desire further
development of their property. All legal uses annexed into the City will be legal, but non-
conforming, which means that they may continue but cannot be expanded without proper
zoning.
4. All public infrastructures that do not meet City standards will not be improved by the City until
brought to the City standard and accepted by the City Council. Such public facilities must be
improved at owners expense by the establishment of a special assessment district or some
other financing method.
5. Where a City limit boundary ends at a dedicated street, the boundary will not include the
street right -of -way. This policy will establish consistence and allow City employees and
citizens to know where the City boundaries are.
6. Properties that are rejected for annexation should not be considered for annexation for a six
month period after rejection by the City Council.
Adopted by City Council on March 1, 1988.
MEMBERS PRESENT
Steve Cataduella
Cbief Dan Yancey
Craig Thoendel
Dan Salts
Eric Wiles
MINUTES OF SPECIAL MEETING
Wednesday, February 25, 2004 5:00 PM
Owasso City Hall Main Conference Room
111 N Main Street, Owasso, Oklahoma
MEMBERS ABSENT
Rickey Hayes
Dale Prevett
Robert Carr
Bill Roach
Ken Fisher
Ron Cates
Tim Rooney
STAFFPRESENT
Duane Cuthbertson
The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on February 16, 2004
1. CALL TO ORDER - Mr. Cuthbertson called the meeting to order at 5:00 PM.
2. APPROVAL OF MINUTES FROM THE JANUARY. 28, 2004 MEETING - Mr. Wiles
moved, seconded by Mr. Cataduella, to accept the minutes as presented. The motion carried
5 -0.
ANNEXATION REVIEW
3. ANNEXATION REQUEST OA 04-02 - A request for the annexation of 42 acres located in
the northwest comer of E. I Oe Street North and U.S. I-liighway 169.
Duane Cuthbertson presented the annexation request. Mr. Cuthbertson stated that he
discussed the request with the City department directors, specifically Public Works, Police and
Fire. All directors gave their assurance that development on this property would be
serviceable. Mr. Mike Culbreath was present on behalf of the applicant. He discussed the
church's goal and intentions with this property which included expanding the church and
school but also included the provision of senior care housing. It was determined that the
request was consistent with the other provisions of the Annexation Policy. Mr. Wiles added
that the intentions and goals of the church are consistent with the Owasso 2010 Land Use
Master Plan. Mr. Wiles motioned to approve the annexation request. Mr. Thoendel seconded
the motion. The motion carried 5 -0.
4. ANNEXATION REQUEST OA 04-03 - A request for the annexation of 29.80 acres located
in the 12300 Block of N. Garnett Road immediately north of the Country Estates additions.
Duane Cuthbertson presented the item. Mr. Cuthbertson stated that he discussed the request
with the City department directors, specifically Public Works, Police and Fire. All directors
gave their assurance that development on this property would be serviceable. It was
determined that the request was consistent with the Annexation Policy. Mr. Wiles added that
the intentions and goals of the developer are consistent with the Owasso 2010 Land Use
Master Plan. Mr. Cataduella motioned to approve the annexation request. Mr. Wiles
seconded the motion. The motion carried 5 -0.
5. ADJOURNMENT — Mr. Cataduella moved, seconded by Mr. Thoendel, for adjournment.
The motion carried 5 -0. The meeting was adjourned at 5:20 PM.
NOTICE TO THE PUBLIC OF A HEARING ON A
PROPOSED ANNEXATION TO THE CITY OF
OWASSO, OKLAHOMA
OA: 04-02
Notice is hereby given that a public hearing will be held before the
Owasso Planning Commission, in the Old Central Building, 109 N.
Birch, Owasso, Oklahoma, at 7:00 P.M. on the 8'h day of March, 2004.
At that time and place, consideration will be given to the petitioned
annexation of the following described property:
LOT ONE (1), BLOCK ONE (1), OWASSO FREEWILL BAPTIST
CHURCH, A SUBDIVISION IN THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER (SE /4 SWA) OF SECTION NINE
(9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN
(14) EAST, AND A TRACT OF LAND THAT IS PART OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE14
SW /4) OF SECTION NINE (9), TOWNSHIP TWENTY -ONE (21)
NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE
AND MERIDIAN, STARTING AT THE SOUTHWEST CORNER OF
THE SE /4 SWA OF SAID SECTION 9; THENCE N 880 44' 40"
EAST ALONG THE SOUTHERLY LINE OF SAID SECTION 9 FOR
390.00 FEET; THENCE N 01° 13' 58" WEST AND PARALLEL
WITH THE WESTERLY LINE OF THE SE /4 SW /4'FOR 71.42 FEET
TO THE POINT OF BEGINNING OF SAID TRACT OF LAND;
THENCE CONTINUING N 010 13' 58" WEST AND PARALLEL
WITH THE WESTERLY LINE OF SAID SEA SWA FOR 1002.52
FEET; THENCE N 88° 44' 37" EAST FOR 593.73 FEET; THENCE S
11° IT 59" WEST, PARALLEL WITH AND 100.00 FEET
WESTERLY OF AS MEASURED PERPENDICULAR TO THE
WESTERLY RIGHT -OF -WAY LINE OF US -169 FOR 372.31 FEET
TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1, OWASSO
FREEWILL BAPTIST CHURCH, THENCE S 88° 44' 37" WEST
ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR 453.47
FEET TO THE NORTHWESTCORNER OF LOT 1; THENCE S 010
13' 58" EAST ALONG THE WESTERLY LINE OF LOT 1 FOR
633.00 FEET TO THE SOUTHWEST CORNER OF LOT 1; THENCE
S 830 02'02" WEST ALONG THE NORTHERLY RIGHT -OF -WAY
LINE OF US -169 WEST EXIT RAMP FOR 60.30 FEET TO THE
POINT OF BEGINNING OF SAID TRACT OF LAND; AND A
TRACT OF LAND BEGINNING AT THE SOUTHWEST CORNER
OF THE SEA SWA OF SAID SECTION, THENCE N 88° 44' 40"
EAST AND ALONG THE SOUTH LINE OF SAID SEA SW /4 A
DISTANCE OF 175.93 FEET, THENCE N 1° 15' 20" WEST A
DISTANCE OF 50.00 FEET, THENCE N 83° 01' 52" EAST A
DISTANCE OF 215.16 FEET; THENCE N 10 13' 58" WEST A
DISTANCE OF 1002.52 FEET; THENCE S 880 44'37" WEST A
DISTANCE OF 390.02 FEET TO THE WEST LINE OF THE SE /4
SWA; THENCE S 1° 13'58" EAST A DISTANCE OF 1073.93 FEET
TO THE POINT OF BEGINNING; AND A TRACT OF LAND
BEGINNING AT A POINT 1073.93 FEET NORTH OF THE
SOUTHWEST CORNER OF THE SE /4 SW /4 AND ON THE WEST
LINE OF SAID SE /4 SW /4 THENCE N 880 44' 37" EAST A
DISTANCE OF 983.75 FEET TO A POINT 100.00 FEET WEST OF
AND AT A RIGHT ANGLE TO THE WEST LINE OF US -169;
THENCE N 110 17' 16" EAST A DISTANCE OF 74.14 FEET;
THENCE N 30 15' 37" EAST A DISTANCE OF 605.72 FEET;
THENCE N 10 18' 03" WEST A DISTANCE OF 249.65 FEET;
THENCE S 880 44'37" WEST A DISTANCE OF 1046.98 FEET TO
A POINT ON THE WEST LINE OF SAID E/2 SW /4; THENCE S V
13'53" EAST A DISTANCE OF 929.36 FEET TO THE POINT OF
BEGINNING, TULSA COUNTY, STATE OF OKLAHOMA.
To be considered is an annexation of 42 acres, more or less generally
located in the northwest corner E. 106'h St. N. and U.S. Hwy 169. 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.
For more information on the proposed annexation contact the Owasso
Community Development Department, City Hall, 111 N. Main Street,
Owasso, Oklahoma 74055, or phone (918) 376 -1500. Dated at
Owasso, Oklahoma, this 16" day of February, 2004.
City of Owasso Community Development Department
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OA 04 -03
(DG &S)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from the Kellogg Engineering, applicant, on behalf
of D.G. & S. Properties for the annexation of approximately 29.80 acres. At this time it is our
understanding the applicant is requesting this annexation petition in order to begin a process that
will result in the development of a single - family subdivision quite similar to the Country Estates
additions immediately to the south, it is staff's belief that the applicant would like to extend
Country Estates northward.
LOCATION
The property is located in the 12300 block of N. Garnett Road just north of existing Country
Estates Vl. A general area map is attached for your review.
EXISTING LAND USE
The Gorilla Recreational Park currently exists on the subject property.
SURROUNDING LAND USE `
North: Rural residential
South: Developing single - family residential subdivision
East: Rural residential
West: Agricultural uses occupy the site to the east across the railroad tracks which include a
horse ranch.
AG (Agricultural District) — Tulsa County
North: AG (Agricultural District) — Tulsa County
South: RS -3 (Residential Single Family District)
East: AG (Agricultural District) — Tulsa County
West: AGAL (Agricultural District/Light Industrial District) —Tulsa County
ANALYSIS
Staff received a petition from Kellogg Engineering, on behalf of D.G. & S., requesting the city to
annex approximately 29.80 acres of property. At one time, the property was occupied by a
recreational park consisting of batting cages and other recreational features however that facility
has ceased operation. The park equipment is still present on the site however the applicant has
indicated that he will relocate all of the existing impediments to his desired development if
approved. At this time it is our understanding the applicant is requesting this annexation petition
in order to begin a process that will result in the development of a single - family subdivision quite
similar to the Country Estates additions immediately to the south. It is staffs belief that the
applicant would like to extend Country Estates northward. The petition was filed on behalf of
the developer responsible for the Country Estates additions.
If the property is annexed into the city the applicant will be required to follow normal
development procedures which would include rezoning, preliminary and final plat review. If
annexed, any development proposed for the property would be required to meet the Owasso
Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering
standards as proscribed by Public Works including but not limited to paved streets and
sidewalks. The property is currently served sewer by the City of Owasso and water by the Rural
Water District #3 of Washington County.
The Owasso 2010 Land Use Master Plan calls for the northward expansion of residential
development in that general area.
Staff published legal notice of the annexation petition in the February 19, 2004 edition of the
Owasso Reporter and letters of notification were mailed to property owners within a 300' radius.
To this date staff has received no phone calls or correspondence in opposition of the request.
ANNEXATION COMAUTTEE
On February 25, 2004 the Owasso Annexation Committee convened to consider the request, the
Committee consists of City department directors, representatives of the Owasso City Council,
Planning Commission, the Owasso school board and citizens at large. The Owasso Annexation
Committee concluded that the request is consistent with the Owasso Annexation Policy and
thereby unanimously recommended approval of the request.
Staff recommends approval of OA 04 -03 to annex the subject property into the city limits of
Owasso.
ATTACHMENTS:
1. Applicants Annexation Petition
2. General Area Map and site survey
3. City of Owasso Annexation Policy.
4. February 25, 2004 Annexation Committee Minutes
5. Legal Notice.
BEFORE THE HONORABLE
CITY COUNCIL OF
THE CITY OF OWASSO, OK
PETITION FOR ANNEXATION
The undersigned, constituting not less than three -fourth of the registered voters
and owners of not less than three - fourths (in value) of the hereinafter described
real estate situated in Tulsa County, Oklahoma, to wit:
A TRACT OF LAND THAT IS PART OF THE SOUTHERN HALF (S /2) OF THE
NORTHEAST (NE 14) OF THE NORTHEAST QUARTER (NE /4) OF SECTION 6,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY,
OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
The South 411.86 feet of Government Lot One (1) and the South 411.86
of Government Lot Two (2) that is part of the East Right -of -Way line of the
A.T.& S.F. Railroad is Section Six (6), Township Twenty -one (21) North,
Range (14) East of the Indian Base and Meridian, Tulsa County, State of
Oklahoma, according to the U.S. Government survey thereof.
-and-
Part of Government Lots One (1) and Two (2) of Section Six (6) Township
Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and
Meridian, Tulsa County, State of Oklahoma, according to the U. S.
Government Survey thereof, described as follows:
Commencing at the Northeast corner of Lot 1; thence South 0° 06'14" West along
the East line of said Lot 1, a distance of 497.03 feet to the Point of Beginning;
thence continue South 00 06'14" East along said East line, a distance of 411.86
feet, thence North 89135'03" West, a distance of 1575.68 feet to the East Right -
of -way line of the A.T.& S.F. Railroad; thence North 310 30'35" East along said
Right -of -Way line, a distance of 481.00 feet, thence south 890 34'50" East a
distance of 664.80 feet; thence South 89133'03" East, a distance of 660.00 feet
to the said East line of Lot 1 and the Point of Beginning.
SAID TRACT CONTAINS 29.80 ACRES MORE OR LESS.
Being a territory adjacent and contiguous to the incorporated City of Owasso,
Oklahoma, and not presently embraced within the Limits thereof, hereby petitions
the City Council of the City of Owasso, Oklahoma, to annex the aforementioned
real estate into the City Limits of said City.
Dated 16th day of January, 2004
l j
'x C,
Mr. Brian K. Kellog9�91
Kellogg Engineering, Inc.
Agent for the Developer
i7
L
-5 R' 37
7-1
roperty,
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
-VW.Cityofowasso.com
OA 04-02
Kellogg Engineering
12300 Block of N. Garnett Road
12
r.
ANNEXATION POLICY
The following annexation policy for the City of Owasso is provided as a guideline and should not
be construed as inflexible requirements for annexation.
1. While there is no minimum tract size, properties of larger than 20 acres are preferable.
2. All properties should be contiguous to existing City limits.
3. All properties should be annexed into the City limits as the lowest zoning classification, that
is, Agricultural (AG). Landowners may then petition for rezoning if they desire further
development of their property. All legal uses annexed into the City will be legal, but non-
conforming, which means that they may continue but cannot be expanded without proper
zoning.
4. All public infrastructures that do not meet City standards will not be improved by the City until
brought to the City standard and accepted by the City Council. Such public facilities must be
improved at owners expense by the establishment of a special assessment district or some
other financing method.
5. Where a City limit boundary ends at a dedicated street, the boundary will not include the
street right -of -way. This policy will establish consistence and allow City employees and
citizens to know where the City boundaries are.
B. Properties that are rejected for annexation should not be considered for annexation for a six
month period after rejection by the City Council.
Adopted by City Council on March 1, 1988.
MEMBERS PRESENT
Steve Cataduella
Chief Dan Yancey
Craig Thoendel
Dan Salts
Eric Wiles
OWASSO ANNEXATION COMIvII'ITEE
MINUTES OF SPECIAL MEETING
Wednesday, February 25, 2004 5:00 PM
Owasso City Hall Main Conference Room
111 N Main Street, Owasso, Oklahoma
MEMBERS ABSENT
Rickey Hayes
Dale Prevett
Robert Carr
Bill Roach
Ken Fisher
Ron Cates
Tim Rooney
STAFF PRESENT
Duane Cuthbertson
The meeting agenda was posted in Owasso City Hall, 111 N Main, at 12:00 PM on February 16, 2004
1. CALL TO ORDER - Mr. Cuthbertson called the meeting to order at 5:00 PM,
2. APPROVAL OF MINUTES FROM THE JANUARY 28, 2004 MEETING — Mr. Wiles
moved, seconded by Mr. Cataduella, to accept the minutes as presented. The motion carried
5 -0.
ANNEXATION REVIEW
3. ANNEXATION REQUEST OA 04-02 — A request for the annexation of 42 acres located in
the northwest corner of E. 106s` Street North and U. S. Highway 169.
Duane Cuthbertson presented the annexation request. Mr. Cuthbertson stated that he
discussed the request with the City department directors, specifically Public Works, Police and
Fire. All directors gave their assurance that development on this property would be
serviceable. Mr. Mike Culbreath was present on behalf of the applicant. He discussed the
church's goal and intentions with this property which included expanding the church and
school but also included the provision of senior care housing. It was determined that the
request was consistent with the other provisions of the Annexation Policy. Mr. Wiles added
that the intentions and goals of the church are consistent with the Owasso 2010 Land Use
Master Plan. Mr. Wiles motioned to approve the annexation request. Mr. Thoendet seconded
the motion. The motion carried 5 -0.
4. ANNEXATION REQUEST OA 04-03 — A request for the annexation of 29.80 acres located
in the 12300 Block of N. Garnett Road immediately north of the Country Estates additions.
Duane Cuthbertson presented the item. Mr. Cuthbertson stated that he discussed the request
with the City department directors, specifically Public Works, Police and Fire. All directors
gave their assurance that development on this property would be serviceable. It was
determined that the request was consistent with the Annexation Policy. Mr. Wiles added that
the intentions and goals of the developer are consistent with the Owasso 2010 Land Use
Master Plan. Mr. Cataduella motioned to approve the annexation request. Mr. Wiles
seconded the motion. The motion carried 5 -0.
5. ADJOURNMENT — Mr. Cataduella moved, seconded by Mr. Thoendel, for adjournment.
The motion carved 5 -0. The meeting was adjourned at 5:20 PM.
NOTICE TO THE PUBLIC OF A HEARING ON A
PROPOSED ANNEXATION TO THE CITY OF
OWASSO, OKLAHOMA
OA: 0403
Notice is hereby given that a public hearing will be held before the
Owasso Planning Commission, in the Old Central Building, 109 N.
Birch, Owasso, Oklahoma, at 7:00 P.M on the 8h day of March, 2004.
At that time and place, consideration will be given to the petitioned
annexation of the following described property:
A TRACT OF LAND THAT IS PART OF THE SOUTHERN HALF
(S /2) OF THE NORTHEAST (NE /4) OF THE NORTHEAST
QUARTER (NE /4) OF SECTION 6, TOWNSHIP 21 NORTH,
RANGE 14 EAST OF THE I.B. &M., TULSA COUNTY,
OKLAHOMA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTH 411.86 FEET OF GEVERNMENT LOT ONE (1) AND
THE SOUTH 411.86 OF GOVERNMENT LOT TWO (2) THAT IS
PART OF THE EAST RIGHT -OF -WAY LINE OF THE A.T. & S.F.
RAILROAD IN SECTION SIX (6), TOWNSHIP TWENTY -ONE (21)
NORTH, RANGE (14) EAST OF THE INDIAN BASE AND
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF.
Emp
PART OF GOVERNMENT LOTS ONE (1) AND TWO (2) OF
SECTION SIX (6) TOWNSHIP TWENTY -ONE (21) NORTH,
RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 1;
THENCE SOUTH 0 006'14" WEST ALONG THE EAST LINE OF
SAID LOT 1, A DISTANCE OF 497.03 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 0 °06'14" EAST
ALONG SAID EAST LINE, A DISTANCE OF 411.86 FEET,
THENCE NORTH 89 035'03" WEST, A DISTANCE OF 1575.68
FEET TO THE EAST RIGHT -OF -WAY LINE OF THE A.T. & S.F.
RAILROAD; THENCE NORTH 31 °30'35" EAST ALONG SAID
RIGHT -OF -WAY LINE, A DISTANCE OF 481.00 FEET, THENCE
SOUTH 89 034'50" EAST A DISTNCE OF 664.80 FEET; THENCE
SOUTH 89 033'03" EAST, A DISTANCE OF 660.00 FEET TO THE
SAID EAST LINE OF LOT 1 AND THE POINT OF BEGINNING.
SAID TRACT CONTAINS 29.80 ACRES MORE OR LESS.
To be considered is an annexation of 29.80 acres, more or less
generally located in thel2300 Block of N. Garnett Road. 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.
For more information on the proposed annexation contact the Owasso
Community Development Department, City Hall, 111 N. Main Street,
Owasso, Oklahoma 74055, or phone (918) 376 -1500. Dated at
Owasso, Oklahoma, this 16t° day of February, 2004.
City of Owasso Community Development Department
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OZ -04 -02
( Tyann Development, Inc.)
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Tyann Development, Inc.,
applicant/owner, for the approval to rezone approximately 35.3 acres of property located
south and west of the southwest corner of the N. 129w E. Ave. and E. 96x' St. N.
intersection. The property lies adjacent to the east side of U.S. Highway 169.
The applicant is proposing to rezone the subject property from OM and RS- 3/PUD -1
(Office Medium Intensity and Residential Single Family) to CS (Commercial Shopping
Center District) in order to construct a commercial shopping center. A general area map
and a complete legal description have been attached for your information and review.
Existing Zoning Designation: OMIRS -3
Proposed Zoning Designation: CS
LOCATION
See above and the attached legal description.
EXISTING LAND USE
Vacant
SURROUNDING LAND USE
North: U.S. Highway 169
South: Vacant, Smith Elementary lies further south.
East: Home Depot Retail store and a significantly sized detention pond
West: U.S. Highway 169
PRESENT ZONING
OM and RS- 3/PUD -1 (Office Medium Intensity District and Residential Single Family)
North: U.S. Highway 169
South: CS /OM/RS -3 (Commercial Shopping/Office Medium/Residential Single Family)
East: CS (Commercial Shopping)
West: U.S. Highway 169
ZONING REQUIREMENTS
If the application is approved, the subject property would be zoned CS (Commercial
Shopping Center District). According to the City of Owasso Zoning Code, Retail
Shopping Centers fall within Use Unit 14 (Shopping Goods and Services) and is
permitted by right within the CS zoning district.
The Owasso 2010 Master Plan identifies the subject property as having a mixture of
future land uses that include medium intensity commercial and public /institutional uses.
Obviously, a proposal that included high intensity commercial uses would seem
inconsistent with the Master Plan designation. Staff finds however, that the applicant's
proposal is more appropriate than the Master Plan designation.
The Owasso 2010 Master Plan provides a summary and description of its' main
components. Of these components, the plan describes how it differentiates between land
uses and how anticipated growth areas are delineated graphically. The following is an
excerpt from the Owasso 2010 Master Plan:
Excerpt from Owasso 2010 Master Plan:
Anticipated Growth Areas
The future direction of growth is determined by many factors, but probably the most
important ones are municipal utilities such as water and sewer service, transportation
improvements, and vacant land. The Owasso 2010 Master Plan was developed making
future assumptions about the factors mentioned above and density and intensity of use
are directly related to them. The Plan was developed based on the best available
information about utilities, transportation improvements, and vacant land tracts
available at the time.
City staff would agree that the above described method of making future assumptions
based on current situations is the best method to date to direct future growth. However,
city planners can only assume what will happen in a particular area, but cannot determine
other factors such as capital improvements, shifting development patterns and shifts in
the market economy. Since the approval of the Owasso 2010 Master Plan, the City of
Owasso has seen tremendous growth in sales tax receipts and commercial development in
the area of this application. Some estimates have concluded that the City's sales tax
receipts were increased by 20% in 2000 and 15% in 2001. The commercial additions
currently rising in the southwest comer of E. 96's St. N. and N. 129h E. Ave. no doubt
will only add to attractiveness of this commercial corridor. With an increase of sales tax
receipts, the City has further opportunities to expand facilities and services. This
expansion also tends to spill -over into capital improvement programming. The Owasso
voters have approved over $8 million worth of street improvements in this area that
include a $5.3 million improvement for the expansion and widening of N. 1291s E. Ave.
and an estimated $2.6 million improvement for the E. 96'h St. N. and U.S. 169
interchange. These improvements clearly could not have been anticipated at the time the
Owasso 2010 Master Plan was formulated or approved. Furthermore, and as the Master
Plan states, the most important determining factors in deciphering future growth are
transportation improvements, water and sewer service on -site and vacant land. All of
these factors are present on this site and were more than likely a determining factor for
requested rezoning and the attractiveness of this type of development in this area.
Furthermore, as an update is currently underway for the Owasso 2010 Master Plan, which
is a clear indication of changes in the development make -up of a city, city planners have
already concluded that the site in question deserves a high- intensity commercial /office
classification. Staff should also point out that any additional commercial growth would
benefit the City of Owasso. Additional commercial growth provides for further spending
opportunities for both Owasso residents and those who spend money in Owasso from
outside the corporate limits.
In regards to the site's current zoning, staff believes RS -3 and OM would not constitute
the best and highest use. Single - family residential development does not seem as if it
would be appropriate or even desirable adjacent to U.S. Highway 169. Office Medium
Intensity might be appropriate considering the sites physical conditions and location,
however so wouldn't a commercial designation. If the property were rezoned to the
requested designation of CS, all of the use provisions listed under the office designation
would still be allowed by right according to the zoning code, however the owner of the
property would also be able to develop and utilize his property to its' utmost potential in
a manner that would consistent with the current market and development trends being
experienced in that corridor.
Staff has received no phone calls or correspondence in opposition of the request. Letters
were mailed to surrounding property owners on February 12, 2004 and the legal
advertisement was published in the Owasso Reporter on February 12, 2004. Copies of
both the letter to property owners and`the legal advertisement are attached for your
information and review.
If this Commission approves the application, this item does require City Council
approval.
RECOMMENDATION
Staff recommends approval of OZ- 04 -02, thus rezoning approximately 35.3 acres, from
OM/RS -3 (Office Medium Intensity /Single Family Residential) to CS (Commercial
Shopping Center District).
ATTACHMENTS
1. General Area Map.
2. OZ -04 -02 Application,
3. Proposed Site Plan
4. Legal Notice.
5. Letter to Surrounding Property Owners.
S �ti�/
E. 96th St. N.
Subject Property y
Owasso Community OZ 04-02
Development Department Tyann Development, Inc.
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597 South and West of the southwest comer of 96th
www.cityofowasso.com St. N. and N. 129th E. Ave.
F*.m A z
GENERAL LOCA
PRES ENT ZONIN
PROPOSED ZONI
oz-
CITY OF OWASSO
P.O. BOX 180 OWASSO, OKLAHOMA 74055(918)272-2251 FAX (918) 272 -4997
REZONING APPLICATION
PROPOSED
5y, �, . i2et :e
LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey)
1Jpme and Address. of Recordyner 1 Address orGeneral- Location of Subject Property
1451iivt tlr:trl��aa�,.�.C.. r"fRn• t'....__ oc
nt, what is your interest in this property?
Owner QAgent for Owner
er DOther
e for Owner
be billed for
%' J
I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN I SIGNAjTrURE DATE
SUBMITTED IS COMPLETE, TRUE AND ACCURATE �•YTC- t�_ _� �..� ,r,,,,
Please submit the completed application form and application fee along with a Certified 300' Radius Report
(available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission
submittal deadline as shown on the official City of Owasso calendar. The applicant and /or the applicant's
consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be
reviewed.
Fee Schedule
0- 0.99 acres
$75
1- 4.99 acres
100
5 -19.99 acres
150
+ acre6� s
2— 00
SUBMITTAL DATE I OPC MEETING DATE
FEE RECEIPT NUMBER APPROVED DENIED
Leal Description
A tract of land located in the N/2 and the SE /4 of Section 20. T -21-
N, R -14 -E of the I.B. & M., Tulsa County, State of Oklahoma
described as follows:
Commencing at the NE CORNER of said section; thence
SOO °01'55 "W, a distance of 765.06 feet; thence West, a distance of
517.51 feet; thence North, a distance of 180.00 feet; thence
N34'1 6'40"W, a distance of 162.43 feet to the POINT OF
BEGINNING; thence continue northwest along said line, a
distance of 102.57 feet; thence Nll°15'32 "W, a distance of I90.16
feet; thence S78 °44'28 "W, a distance of 100.86 feet; thence
N89 °56'56 "W, a distance of 346.15 feet to a point on the easterly
right -of -way line of US Highway 169; thence S50 °12'08 "W
continuing along said right -of -way, a distance of 1,081.35 feet;
thence S50'1 01 1 "W continuing along said right -of -way, a distance
of 855.18 feet; thence S50 °12'01 "W continuing along said right -of-
way, a distance of 20.03 feet, thence S00 °03'58 "W, a distance of
385.02 feet; thence S89 °56'02 "E, a distance of 1,085.33 feet;
thence N25 148'49 "E, a distance of 1,490.19 feet, thence
N82 029'54 "E, a distance of 240.94 feet to a point of curve to the
left having a radius of 525.00 feet and a central angle of 07 °49'33 ";
thence east along the are a distance of 71.71 feet to the POINT OF
BEGINNING. Containing 35.3 acres.
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WV 60'6501 COOMMI Undo. 1'10 MOCO\:10'ossemp � mmudopnap nueR.L Y90'CO\sapj %-!—, C00Z6d
NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO
THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA
APPLICATION: OZ N-02
Notice is hereby given that a public hearing will be held before the Owasso Planning
Commission, in the Old Central Building, Owasso, Oklahoma, at 7:00 P.M. on the 8th day of
March, 2004.
At that time and place, consideration will be given to the proposed change of the zoning
classification ofthe following described property:
A Tract of land located in the N/2 and the SE /4 of Section 20. T -21 -N, R -14_E of the
I.B. &M., Tulsa County, State of Oklahoma described as follows:
Commencing at the NE CORNER of said section; thence S00 °01'55 "W, a distance of
765.06 feet; thence West, a distance of 517.51 feet; thence North, a distance of 180.00
feet; thence N34 °16'40 "W, a distance of 162.43 feet to the POINT OF BEGINNING;
thence continue northwest along said line, a distance of 102.57 feet; thence
N11 115'32 "W, a distance of 190.16 feet; thence S78 °44'28 "W, a distance of 100.86
feet; thence N89 °56'56 "W, a distance of 346.15 feet to a point on the easterly right -of-
way line of US Highway 169; thence S50 °12'08 "W continuing along said right -of-
way, a distance of 1,081.35 feet; thence S50 110'11 "W continuing along said right -of-
way, a distance of 855.18 feet; thence S50 112'01 "W continuing along said right -of-
way, a distance of 20.03 feet; thence S00°03'58 "W, a distance of 385.02 feet; thence
S89 °56'02 "E, a distance of 1,085.33 feet; thence N25 °48'49 "E, a distance of 1,490.19
feet; thence N82 °29'54 "E, a distance of 240.94 feet to a point of curve to the left
having a radius of 525.00 feet and a central angle of 07 °49'33 "; thence east along the
arc a distance of 71.71 feet to the POINT OF BEGINNING. Containing 35.3 acres.
The property is further described as located in the southwest corner of E. 96 1h St. N. and
N. 129a` E. Ave. in Owasso, OK. South of the Home Depot Store and North of Smith
Elementary School.
To be considered is a rezoning from OM/RS -3 (Office Medium Intensity /Single Family
Residential District) to CS (Commercial Shopping District).
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.
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 9h day of February, 2004.
Duane Cuthbertson
City Planner
City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 7405:
NOTICE TO PROPERTY OWNER
0Z-04 -02
(918) 376.1540
FAX (918) 376.1597
pections: 376.1542
.cityofowasso.com
Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the
Old Central, 109 North Birch, Owasso, Oklahoma at 7:00 PM on the 8" day of March, 2004. At that time
and place, the Owasso Planning Commission will consider a request from Tyann Development, Inc.
applicant/owner, for a proposed change of the zoning classification from OM/RS -3 (Office Medium
Intensity District/Residential Single - Family District) to CS (Commercial Shopping District). The subject
property is located South and West of the southwest corner of 96t1 St. N. and N. 1291" E. Ave. adjacent to
U.S. Highway 169 and described as follows:
A Tract of land located in the N/2 and the SEA of Section 20. T -21 -N, R -14_E of the LB. &M., Tulsa County,
State of Oklahoma described as follows:
Commencing at the NE CORNER of said section; thence S00001'55"W, a distance of 765.06 feet; thence
West, a distance of 517.51 feet; thence North, a distance of 180.00 feet; thence N34016140"W, a distance of
162.43 feet to the POINT OF BEGINNING; thence continue northwest along said line, a distance of 102.57
feet; thence N11015132"W, a distance of 190.16 feet; thence S78 044128 "W, a distance of 100.86 feet; thence
N89056'56"W, a distance of 346.15 feet to a point on the easterly right -of -way line of US Highway 169; thence
S50012108"W continuing along said right -of -way, a distance of 1,081.35 feet; thence S50 °10'11"W continuing
along said right -of -way, a distance of 855.18 feet; thence S50112'01"W continuing along said right -of -way, a
distance of 20.03 feet; thence S00103158"W, a distance of 385.02 feet; thence S89056102"E, a distance of
1,085.33 feet; thence N25 048149 "E, a distance of 1,490.19 feet; thence N82 °29'54 "E, a distance of 240.94 feet
to a point of curve to the left having a radius of 525.00 feet and a central angle of 07 049'33 "; thence east along
the arc a distance of 71.71 feet to the POINT OF BEGINNING. Containing 35.3 acres.
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 12th day of February, 2004.
Sincerely,
Duane Cuthbertson
City Planner
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OLS 04 -03
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Owasso Land Trust, applicant, for the
approval of a Lot Split proposing to create a separate parcel of property containing
approximately 1.78 acres along the developing Highway 20 corridor. The owner has given
staff indication that if the application is approved the property would then be sold to a buyer
interested in constructing a bank on the site.
LOCATION
The subject property is located approximately' /4 mile east of U.S. Highway 169 on the south
side of Hwy 20 (E. 116' St. N.). A general area map is attached for your review.
EXISTING LAND USE
Vacant
SURROUNDING LAND USE
North: Crossroads Christian Center
South: Vacant
East: Vacant
West: Eggberts restaurant
PRESENT ZONING
OPUD -21 CS (Commercial Shopping District)
SURROUNDING ZONING
North: AG (Agricultural District) — Tulsa County
South: PUD 21 -- CS (Commercial Shopping District)
East: PUD 21 -- CG (Commercial General District)
West: PUD 21 -- CS (Commercial Shopping District)
ANALYSIS
As stated above, the requested lot split is in anticipation of the current owners selling the
property to a buyer interested in developing a bank outlet on the site. According to the
Owasso Zoning Code a banking center is allowed by right on property zoned, as the subject
site currently is, CS. The Owasso 2010 Land Use Master Plan calls for high intensity
commercial development in and around the subject site.
The applicant proposes to split off a parcel of property containing approximately 1.78 acres.
The resultant parcel would meet all the lot and block specifications set forth by the Owasso
Zoning Code and it would also meet the requirements of the Owasso Subdivision
Regulations. The property's 285' of frontage along State Highway 20 (E. 116'` St. N.) is
more than adequate spacing along a busy roadway such as Highway 20. The request does not
propose any new roads nor does it necessitate the extension of municipal facilities.
A lot split is a minor subdivision of previously subdivided land. The Planning Commission
may approve a lot split that creates not more than three (3) lots fronting on an existing,
dedicated street, not involving any new street or road, or the extension of municipal facilities,
or the creation of any public improvements, and not in conflict with any provision or portion
of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless
approved by the Board of Adjustment) or these regulations.
The property is not currently part of any existing plat. Before a building permit for any type
of development is issued the property must be taken through the development process which
at this time would include platting and site plan. During such time all service and spacing
provisions will be established, which would include (but not be limited to) easements, right -
of -way provision, drainage, ingress /egress and side walks.
During the review process the Oklahoma State Department of Transportation was given the
opportunity to provide input as the proposed new lot would be accessed from a state
highway. A letter with the proposal was sent to the division office in Tulsa on February 19-
2004. No comment was received from ODOT.
Staff recommends approval of the Lot Split request.
ATTACHMENTS
1.
General Area Map.
2.
Lot Split Application.
3.
Legal description
4.
Site Map
5.
Letter to ODOT
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
Subject Property
Lot Split
Charney & Buss
East of 116th St. N. and U.S. Hwy 169
Immediately east of Eggberts
N
W E
S
moat 11 2W4
LOT SPLIT APPLICATION
THE
Nn
Of ACCORD awNEA
u,55Q-11. ANo3T
L OCSCR VTION O! [ ;,STING UNOIVIOEO
c3pD �XI'tl �ti'" tlAlf
t.W I ... Se2 O'✓11`il
u�
Fal
u
w
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of
OF
Ithe, than prestnt owner, give nDlrle,
I'M and phone rlunaer of peMnt
xr.
:ertify that this information is
e and correct.
HNINa coHHILSION
NOTE: Three copies of Is sketch, plot of survey or other type of
droving that will accurately depict the proposed split MUST BE
f
attached to this application.
FOLLOWING INFORMATION 15 TO BE SUPPLIED BY A-
W NAT IS THE PRESENT USE OI TNC TRACT,
vctrn Vl+'
r
Na
Imo' - - (� murr" FOR THIS TRACT
- CI'T Q WELL_-[] OTHER
TYPE or SEWAGE
DISPOSAL �wILRRLL I
�� OR TAIL TRACT
L$1SEWER ❑ SEPTIC ❑OTHER
sYwttT OR STREETS TRACT WILL r.CL
ZV
.ROPOSLY YS( DF YHIi TR.rT
Lor EIEt or elloeos[o TRACT
saCuaecY 01 WAY- a 70 FT. x alJ
or
X F
TO a �t�j`tC z�C� �(L.i0.s$0 PHONE
Z7'Lr�
Exhibit "A"
A tract of land situated in the Northeast Quarter (NE /4) of Section 9, Township 21
North, Range 14 East, of the I.B. Et M., Tulsa County, State of Oklahoma. Being more
particularly described as follows: Commencing from the Northwest Corner of the
Northeast Quarter (NE /4), Thence N 88 044'40" E and along the North Line of said
Northeast Quarter (NE /4) a distance of 1289.63 feet to the "Point of Beginning ".
Thence N 88 °44'40" E and along said North Line a distance of 398.89 feet; Thence S
1 °24'05" E and parallel with the East line of said Northeast Quarter (NE /4) a distance
of 1319.27 feet to a point on the South Line of the North Half (N /2) of said Northeast
Quarter (NE /4); Thence S 88 °44'40" W and along said South Line a distance of
1498.78 feet to a point on the Easterly Line of the U.S. Highway 169 Right -of -Way;
Thence N 3 °33'54" E and along said Easterly Right -of -Way line a distance of 263.18
feet; Thence N 10 022'02" E a distance of 513.80 feet; Thence N 10 °22'02" E a
distance of 0.00 feet; Thence along a curve to the left having a radius of 1507.39 feet
a distance of 305.82 feet; Thence N 1 °15'26" W a distance of 100.00 feet; Thence N
83 058'45" E a distance of 602.08 feet; Thence N 88 °44'34" E a distance of 340.00
feet; Thence N 1015'26" W a distance of 100.00 feet to the "Point of Beginning"
containing 40 more or less.
LESS AND EXCEPT QUIK TRIP PLAT AND EGGBERT'S PLAT.
l�
LEGAL - CHARNEY 1.78 AC EAST OF EGGBERTS
A PART OF THE NORTHWEST QUARTER (NW /4) OF THE NORTHEAST QUARTER
(NE /4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M.,
TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF SAID NE 14; THENCE N
88 044'40" E ALONG THE NORTH LINE OF SAID SECTION 9 A DISTANCE OF
1289.63 FEET TO A POINT ON THE EASTERLY LINE OF THE STATE HIGHWAY
RIGHT -OF -WAY RECORDED IN BOOK 4444 AT PAGE 422; THENCE S 1 °15'26" E
ALONG SAID RIGHT -OF -WAY A DISTANCE OF 100.00 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID RIGHT -OF -WAY; THENCE S 88 044'34" W ALONG SAID
RIGHT -OF -WAY A DISTANCE OF 28.37 FEET TO THE POINT OF BEGINNING;
THENCE S 1 015'26" E A DISTANCE OF 275.34 FEET; THENCE DUE WEST A
DISTANCE OF 285.07 FEET TO THE SOUTHEAST CORNER OF EGGBERTS
RESTAURANT, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY,
OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF; THENCE N
1015'26" W A DISTANCE 269.09 FEET TO THE NORTHEAST CORNER OF SAID
EGGBERTS RESTAURANT, SAID POINT BEING ON SAID STATE HIGHWAY RIGHT -
OF -WAY; THENCE N 88 044'34" E ALONG SAID RIGHT- OF -WAY,A DISTANCE OF
285.00 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 1.78 ACRES MORE OR LESS.
11558LGL 02/13/04 MAR
Location Map
MCA, 1 TDD'
EGA FGAIDU
'A /4 SEE AM 9
T -EE-N, R -,t -E
Plat of Survey
Boundary
Part of the NW /4 of the NE /4 of Section 9
7-21-N, R -14 -E �
Tulsa County, Oklahoma
T
27
N G 20 AD AS ,DO
SET D /Sr R,
f eggaU 2�
Legend
ESMT EASEMENT
FIT FIREE 1.YDRANT
ENS- FEYCE
FENCE PNE FOUND
OUND
IP IBON PIR _____J
OE OVERHEAD ELECWIC
PP POSTER POLE
R/W RIGHT OF WAY
U/E UTILITY EASEMENT --- - - --
Legal Description
PART OF THE NORTHAST SUAg2q UW /a) OF ME NORTHEAST EMANATE(NE/A)
OF S-.LRON 9. TOI BE NORM. R.NQ ,A EAST OF TEND IN . A. TULSA COUNTY,
OHILHWA. MORE PARTICUURLY DESCRIBED As FOLLOWS:
COMMENCING FgoM 'HE NOgwN£Sr CORNER OF INTO NE/A. THENCE N BBVA'USE
E ALONG THI NORM END f SAID SEOnON 9 A DISTANCE OF 13B9.SD FEET TO
POINT IXI ME EASERLY UNE M ME STATE HIGWAY BIGHT -OF -WAY RECORDED
R T. AAA. Al PALE AI,, MxCE 11T E. E RUNS TAO RICH -Dr -SAY A W51I
TEE iM.OL YET TO A PONT ON THE swlRRLr END OF SAID FIGHT-OF-WAY. NONCE
I BB'AA'A� N AEONS 1. NGT-p--wAY A DISTANCE OF DS.D) FEET TO ME PANT
OF MORE THENCE S ITT 'GET C A DSIANCC OF VATH FECT: MCNCE DUE ADEN A
IAxCE OF NUE FELT TO ME Sd11HEAST CORNCR OF COMM TS AESTnURANI.
AN ADDITION TO GET CI Y Cv EAASSO. ILIA Cax1Y OKLAHOMA, ACCORDING TO
THE RECORDED FLAT 'HIRED'. HENCE N I'I'II' W A DrsurvCE STOOD FEET 1.
- NO4TEAIT COR NER OF SAID COMMENTS RESTAURANT. IAN POINT BEING ON
SAO STAN NISH'ERE RILHI- CF-WAY, THENCE N 88'4434'O ALONG SAO RW1T -SE-WAY
A OSGUNTA OF DTI. CO FEET 10 ME EDGE OF BEANNMG.
SAN TRACT ...'.GO TIRE ACRES MORE OR VRE
Notes
1 WITS' OF ORE qt ATTORNEYS III OPINION NOT AVAILABLE TO BERWYN
DATE OE SURVEY
IE
FIRM WAS NOT CONTRACTED TO RESEARCH EASEMENTS OR ENCUMBRANCES
"' JF RECORD, NO ATTEMPT TO RESEARCH THE COUNTY RECORDS OR OTHER
RECORD OFFEES WAS PERFORMED BY THIS FIRM, THEREFORE EASEMENTS
MAY AFFECT ME SUBJECT TRACT THAT ARE NOT REFLECTED BY THIS PLAT.
] ALL UNDERGROUND UTILITIES MAY NOT BE SHOWN.
A. THE BEARING BAST FOR TIES SURVEY IS SITE PLANE ORD BEARINGS.
(East 116th Street North)
state Highway 20
- - -- r --
M r� �
----------------
"
I-n I
N 88'44'9d" £ PpHi OFEBEGN.IN lay
285.00'
IV ME B. U., PC., PD IDEA
1�a
Noes FEE
Ny
.1
-------------------------
I ED 11
D/9' IP AECTIA. A, /
BLUE WEST
Surveyor's Stotement
D /e' IP
151101, 0 6
11 01,26
L DEMEAN M. HEAVEN, A REGISTERED LAND SURVEYOR IN THE STATE OF ONLAH04a, HEREBY CERTIFY THAT
THE ABOVE PLAT REPRESENTS A BOUNDARY SURKY THE ABOVE PLAT REFLECTS ALL INSTRUMENTS MAT
HAW BEEN DISCLOSED AND FURNISHED AT ME 71" OF SURVY. NO OTNION IS VERSED AS TO THE OWNERSHIP
OF FENCES OR MY OTHER APPURTENANCES ON BAD PROPERTY.
BENCHMARK SUAVTHNG A: SANG SERMC6, INC
�OTEg5S10NRC
p
REM M. NEW-URN POLE 1 I289
T(EVIN N.
,� NEnLUN "
III NEN e. Zoos
1288 ro DATE OF CERTIFlGTION
'3�Ort41dAdOT
Benchmark Surveying and land Servires Inc.
WEENE
1.
v
RCNZ10.v9 BY OA1E� ,a5
FILE. SIId.091< SIRUSY 9Y: JAG GATE. $ /OA /OA
FNOER: IIDSa ORANH Bv: MAR SCALE
I ENECKED BY: NUN SHUT I OF I
City of Owasso
Department of Community Development
111 North Main
PO Box 180
Owasso, OK 74055
February 19, 2004
Oklahoma Department of Transportation
Attn: Gary Evans, Division Engineer
P.O. Box 660
Tulsa, OK 74101
Mr. Evans,
(918) 376.1540
FAX (918) 376.1597
Inspections: 376.1542
www.cityofowasso.com
Enclosed you will find an application for a lot split the City of Owasso recently received for
Planning Commission approval. Given that the property abuts and in all likelihood would
propose public access onto Highway 20 we felt it appropriate to seek your input on the request.
Please contact me with any questions or conditions you feel would be necessary to address
during this review process. This particular item will be heard by the Owasso Planning
Commission March 8, 2004. You can reach me at any one of the contact elements listed below.
Sincerely, !J
D
Duane Cuthbertson, City Planner
City of Owasso
111 N. Main St.
Owasso, OK 74055
918.376.1543 (PH)
918.376.1597 (FX)
dcuthbortson@citvofowasso.com
Enclosed:
1. Lot Split Application
2. Legal Description
3. General Area Map
4. Site Map
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OLS 04 -04
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Owasso Land Trust, applicant, for the
approval of a Lot Split proposing to create a separate parcel of property containing
approximately 3.27 acres within the Coffee Creek development. The owner has given staff
indication that if the application is approved the property would then be sold to a buyer
interested in constructing a bowling alley on the site.
LOCATION
The subject property is located in the northeast comer of E. 103r8 St. N. and the U.S.
Highway 169 service road. The property is located in the Coffee Creek development area A
general area map is attached for your review.
EXISTING LAND USE
Vacant
SURROUNDING LAND USE
North: Vacant
South: Vacant
East: Currently vacant however office condominiums are being developed
West: U.S. Highway 169
PRESENT ZONING
OPUD -18 — CG (Commercial General District)
North: OPUD -18 — CG (Commercial General District)
South: PUD-18 - -CG (Commercial General District)
East: PUD —18 -- OM (Office Medium Intensity District)
West: U.S. Highway 169
ANALYSIS
As stated above, the requested lot split is in anticipation of the current owners selling the
property to a buyer interested in developing a bowling alley on the site. According to the
Owasso Zoning Code, a bowling alley is allowed by right on property zoned, as the subject
site currently is, CG. The Owasso 2010 Land Use Master Plan calls for moderately intense
commercial development in and around the subject site.
The applicant proposes to split off a parcel of property containing approximately 3.27 acres.
The resultant parcel would meet all the lot and block specifications set forth by the Owasso
Zoning Code and it would also meet the requirements of the Owasso Subdivision
Regulations. The property's frontage along the U.S. Highway 169 service road and E. 103`d
St. N. is more than adequate spacing. The request does not propose any new roads nor does
it necessitate the extension of municipal facilities.
A lot split is a minor subdivision of previously subdivided land. The Planning Commission
may approve a lot split that creates not more than three (3) lots fronting on an existing,
dedicated street, not involving any new street or road, or the extension of municipal facilities,
or the creation of any public improvements, and not in conflict with any provision or portion
of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless
approved by the Board of Adjustment) or these regulations.
The property is not currently part of any existing plat. Before a building permit for any type
of development is issued the property must be taken through the development process which
at this time would include platting and site plan. During such time all service and spacing
provisions will be established, which would include (but not be limited to) easements, right -
of -way provision, drainage, ingress /egress and side walks.
Staff recommends approval of the Lot Split request.
ATTACHMENTS
1. General Area Map.
2. Lot Split Application.
3. Legal description
4. Site Map
•
Owasso Community
Development Department
111 N. Main St
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
06th
b ject Pro
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EXHIBIT "A"
A TRACT OF LAND THAT IS PART OF THE NORTH HALF (N /2) OF SECTION 16,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY,
OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHWEST CORNER OF THE NE /4 OF SAID
SECTION 16; THENCE N 88 044'40" E ALONG THE NORTH LINE OF SAID SECTION
16 A DISTANCE OF 1051.62 FEET TO THE POINT OF BEGINNING; THENCE N
88 044'40" E ALONG SAID NORTH LINE A DISTANCE OF 107.33 FEET TO A POINT
ON THE WESTERLY LINE OF THE RIGHT -OF -WAY RECORDED IN BOOK 6473 AT
PAGE 2564; THENCE S 1 015'20" E ALONG SAID WESTERLY LINE A DISTANCE OF
171.58 FEET; THENCE S 10 042'09" E ALONG SAID WESTERLY LINE A DISTANCE
OF 113.18 FEET TO A POINT ON THE CENTERLINE OF THE EASEMENT
RECORDED IN BOOK 6404 AT PAGE 2087; THENCE S 39 °48'02" W ALONG SAID
CENTERLINE A DISTANCE OF 1439.59 FEET; THENCE N 58 054'37" W A DISTANCE
OF 402.12 FEET TO A POINT ON THE EASTERLY LINE OF THE RIGHT -OF -WAY OF
U. S. HIGHWAY 169; THENCE ALONG A CURVE TO THE RIGHT ALONG SAID
EASTERLY LINE WITH A RADIUS OF 2241.83 FEET A DISTANCE OF 139.64 FEET
TO A POINT WITH A CHORD N 32 052'27" E A DISTANCE OF 139.62 FEET; THENCE
N 31 036'49" E ALONG SAID EASTERLY LINE A DISTANCE OF 423.88 FEET; _
THENCE ALONG A CURVE TO THE LEFT ALONG SAID EASTERLY LINE WITH A
RADIUS OF 1482.39 FEET A DISTANCE OF 471.45 FEET TO A POINT WITH A
CHORD N 22 051'44" E A DISTANCE OF 469.47 FEET; THENCE N 13 044'40" E
ALONG SAID EASTERLY LINE A DISTANCE OF 158.97 FEET; THENCE N 88 044'39"
E ALONG SAID EASTERLY LINE A DISTANCE OF 117.98 FEET; THENCE N
83 002'02" E ALONG SAID EASTERLY LINE A DISTANCE OF 502.49 FEET; THENCE
N 1015'20" W ALONG SAID EASTERLY LINE A DISTANCE OF 50.00 FEET TO THE
POINT OF BEGINNING.
SAID TRACT CONTAINS 17.66 ACRES MORE OR LESS.
+3.ZI
AND Z ( X43
SPARKS TRACT
6u'h r hl
LEGAL - SPARKS BOWLING ALLEY
A TRACT OF LAND THAT IS PART OF THE NORTH HALF (N /2) OF SECTION 16,
TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B.& M., TULSA COUNTY,
OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF THE NW /4 OF SAID
SECTION 16; THENCE S 1018'30" E ALONG THE EAST LINE OF SAID NW /4 A
DISTANCE OF 1677.51 FEET TO A POINT ON THE NORTHERLY LINE OF THE
RIGHT -OF -WAY RECORDED IN BOOK 6473 AT PAGE 2560; THENCE N 66 012'57" W
ALONG SAID RIGHT -OF -WAY A DISTANCE OF 31.60 FEET TO THE POINT OF
BEGINNING; THENCE N 66 012'57" W ALONG SAID RIGHT -OF -WAY A DISTANCE
OF 1.43 FEET; THENCE ALONG A CURVE TO THE RIGHT ALONG SAID RIGHT -OF-
WAY WITH A RADIUS OF 500.00 FEET A DISTANCE OF 84.81 FEET TO A POINT
WITH A CHORD N 61021'23" W A DISTANCE OF 84.71 FEET; THENCE ALONG A
CURVE TO THE LEFT ALONG SAID RIGHT -OF -WAY WITH A RADIUS OF 782.00
FEET A DISTANCE OF 139.62 FEET TO A POINT WITH A CHORD N 61036'42" W A
DISTANCE OF 139.44 FEET; THENCE N 66 °43'36" W ALONG SAID RIGHT -OF -WAY
A DISTANCE OF 82.88 FEET TO A POINT ON THE EASTERLY LINE OF THE RIGHT -
OF -WAY OF U. S. HIGHWAY 169; THENCE N 23 °15'45" E ALONG SAID RIGHT -OF-
WAY A DISTANCE OF 105.47 FEET; THENCE ALONG A CURVE TO THE RIGHT
ALONG SAID RIGHT -OF -WAY WITH A RADIUS OF 2241.83 FEET A DISTANCE OF
306.07 FEET TO A POINT WITH A CHORD N 27 010'43" E A DISTANCE OF 305.84
FEET; THENCE S 58 °54'37" E A DISTANCE OF 402.12 FEET TO A POINT ON THE
CENTERLINE OF THE EASEMENT RECORDED IN BOOK 6404 AT PAGE 2088;
THENCE S 39 048'02" W ALONG SAID CENTERLINE A DISTANCE OF 392.50 FEET
TO THE POINT OF BEGINNING.
SAID TRACT CONTAINS 3.27 ACRES MORE OR LESS.
legal 02/13/04 MAR
lY
l NE CORNER
I NW /4 SECTION 16
T -21 -N, R -14 -E
Scale: I"=100'
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'NO# 11258 FILE# 2114.1650 DATE: 7/24/03
SS
A TRACT OF LAND THAT IS PART OF THE NORTH HALF (N /2) OF
SECTION 16, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE 18 8, M.,
TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING FROM THE NORTHEAST CORNER OF THE
NW /4 OF SAID SECTION 16; THENCE S 1'18'30" E
ALONG THE EAST LINE OF SAID NW /4 A DISTANCE OF 1677.51
FEET TO A POINT ON THE NORTHERLY LINE OF THE RIGHT -OF -WAY
RECORDED IN BOOK 6473 AT PAGE 2560; THENCE N 66'12'57" W
ALONG SAID RIGHT -CF -WAY A DISTANCE OF 31.60 FEET TO
THE POINT OF BEGINNING; THENCE N 66'12'57" W ALONG SAID
RIGHT- OF -WAY A DISTANCE OF 1.43 FEET; THENCE ALONG A
CURVE TO THE RIGHT ALONG SAID RIGHT -OF -WAY WITH A RADIUS
OF 500.00 FEET A DISTANCE OF 84.81 FEET TO A POINT WITH
A CHORD N 61'21'23" W A DISTANCE OF 84.71 FEET; THENCE
ALONG A CURVE TO THE LEFT ALONG SAID RIGHT -OF -WAY WITH
A RADIUS OF 782.00 FEET A DISTANCE OF 139,62 FEET TO A
POINT WITH A CHORD N 61'36'42" W A DISTANCE OF 139.44
FEET; THENCE N 66'43'36" W ALONG SAID RIGHT -OF -WAY A
DISTANCE OF 82.88 FEET TO A POINT ON THE EASTERLY LINE
OF THE RIGHT -OF -WAY OF U. S. HIGHWAY 169; THENCE N 23'15'45" E
ALONG SAID RIGHT -OF -WAY A DISTANCE OF 105.47 FEET; THENCE
ALONG A CURVE TO THE RIGHT ALONG SAID RIGHT -OF -WAY WITH
A RADIUS OF 2241.83 FEET A DISTANCE OF 306.07 FEET TO
A POINT WITH A CHORD N 27'10'43" E A DISTANCE OF 305.84
FEET; THENCE S 58'54'37" E A DISTANCE OF 402.12 FEET TO
A POINT ON THE CENTERLINE OF THE EASEMENT RECORDED IN
BOOK 6404 AT PACE 2088; THENCE S 39'48'02" W ALONG SAID
CENTERLINE A DISTANCE OF 392.50 FEET TO THE POINT OF BEGINNING,
SAID TRACT CONTAINS 3.27 ACRES MORE OR LESS.
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Benchmark
P.O. BOX 1078
OWASSO. OKLAHOMA 74055
CA NO. 2235
Exhibit
and Land Services, Inc.
PHONE: (918) 274 -9081
FAX: (910) 27d CW7
EXR DATE 6/30/03
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
21sT PROPERTIES, INC
SITE PLAN
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Twenty First Properties, Inc.,
owner /applicant, for the review and approval of a site plan proposing the addition of an
8,400 sq. ft. retail building in the southwestern comer of the Mingo Valley Expressway
shopping center.
LOCATION
The subject property is located in the Owasso Wal -Mart addition, the Mingo Valley
Expressway shopping center. The shopping center is located in the northeast corner of East
86 St. N. and U.S. Highway 169. Some of the Shopping Center's key tenants include Big
Lots and Locke Supply. More specifically the additional building is proposed for the
southwestern comer of the shopping center parking lot, immediately north of Sonic.
EXISTING LAND USE
The subject site is within a commercial shopping center. The location on which the
construction will occur is currently vacant.
SURROUNDING LAND USE
The subject site is within a Commercial Shopping Center, various retail uses surround the
site. U.S. Highway 169 abuts the western boundary.
PRESENT ZONING
CS (Commercial Shopping District)
The subject site is within a shopping center and surrounded by CS zoning.
RELATIVE CASE HISTORY
(OBOA 04 -01) In January, 2004 the applicant requested and received a variance from the
Owasso Board of Adjustment to allow the southwest corner of the proposed structure to
encroach upon the western boundary's 50' setback requirement. The Board of Adjustment is
allowing the building to be 31' from the existing curb.
ANALYSIS
The requested site plan review from Twenty First Properties is in anticipation of the
construction of an 8,400 square foot retail building in the southwest corner of the Mingo
Valley Shopping Center. The proposed site is zoned CS and according to the Owasso Zoning
Code a retail uses are categorized under Use Unit 913 and 914 (Convenience Goods and
Services and Shopping Goods and Services) and is allowed by right. Additional uses may be
considered on a case by case basis as to their appropriateness for this site and its zoning once
developed. The proposed development is not in conflict with the Owasso 2010 Land Use
Master Plan as it calls for moderately intense commercial activity in the area.
By reason of potential adverse effects on public services or to neighboring land uses, site plan
review and approval is required for any commercial developments for the purposes of
assuring proper accessibility, circulation, functional relationships of uses, and compatibility
with adjoining and nearby development. No building permit shall be issued nor use
commenced within this development except in accordance with an approved site plan.
Twenty First Properties, Inc. proposes to build an 8,400 square foot building. The building
will be an addition to the Mingo Valley Shopping center. It will be located in the southwest
corner of the existing parking lot, just north of the Sonic drive -in restaurant. No
modifications in the surrounding paving or traffic circulation are necessary with this proposal
however the developer proposes to add 14 parking spaces in front of the building which will
include the required amount of handicapped accessible spaces. Development of the site will
require a sidewalk along the property line adjacent to the Owasso Expressway service road.
Development of the property will not include any additional curb cuts into the service road.
Access to the development will come from the existing circulation system established with
the shopping center.
The site will be served water and sewer by the City of Owasso. The utility easements were
adequately established on the original plat to the south and west of the proposed addition.
Storm water run -off and detention is accommodated by a detention system originally
established with the initial development of the property. The addition of this building will
not increase the impervious surface associated with this site as the area in which the building
will locate is already paved. However drainage issues will still be reviewed and approved by
Public Works department before Community Development will issue a building permit.
The site plan proposed by Twenty First Properties satisfactorily meets the requirements set
forth in the Owasso Zoning Code, Subdivision Regulations and Engineering specifications
with the exception of the requirements stated as part of the Technical Advisory Committee
recommendations. The lot and block specifications for this site are more than adequate for
the placement of a facility such as that proposed in this site plan.
TECHNICAL ADVISORY COMMITTEE
The Technical Advisory Committee reviewed the site plan at the February 25a' regular
meeting. At that meeting, utility providers and city staff were afforded the opportunity to
comment on the application and request any changes or modifications. The Technical
Advisory Committee recommended approval with the following conditions:
1. Community Development — Provide a sidewalk along the U.S. Hwy 169 service
road for the length of the pad site.
2. Community Development — Be aware that no additional free standing signage will
be allowed with this additional building unless it is in coordination with an overall
Shopping Center sign plan.
3. Public Works — Revise the site plan to illustrate a sanitary sewer connection in the
southeast comer of the building as that is the location of the sanitary sewer.
RECOMMENDATION
Staff recommends approval of the Twenty First Properties, Inc. Site Plan with the condition
that the applicant successfully execute the Technical Advisory Committee conditions.
ATTACHMENTS
1. General Area Map.
2. Twenty First Property site plan Application.
3. Twenty First Property Site Plan.
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CITY OF OWASSO
P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -3251 FAX (918) 272 -4997
SITE PLAN APPLICATION
TYPE OF DEVELOPMENT
'f:f' Reta.UCommercial ❑ Multi - Family Residential
❑ Office ❑ Planned Unit Development
❑ Indm:.tlial ❑ Other
NAME OF DEVELOPMENT
LEGAL DESCRIPTION AND ADDJESS O
17. A
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LOT
Frontage
Average Depth
Lot Area s sot uregu ar or a
INFORM.ITIDPI
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Front
ear
Sides (If wtncr lot, from center of street)
MACK
(from center of street)
feet feet
feet
foot
SITE
TOW l Floor Area
Total tared
I-Iandioap Access.
Loading ReRhs
Nn. of Sighs
Total Sign
INFORMATIOrl
(aoa- tesidentia])
Parking
Parking
Area
sn.a.
RESIOEN IAL
No. of Single - Fancily
No. of Duplex Dwellings
Multi -Famil Dwnllin s
To [.ivability
IBaM Units
2 +BaM Units
WORMATto1f
Dwelliags
Space
sq.tE
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 de &.dEne as shown on the official City of Owasso calendar. All Site Plans are scheduled for review by
the Technics I 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 meetings at which the Site Plan wilt be reviewed.
APPLICANT
TAC MEETING DATE
SUBMITTAL DATE
FEE RECEIPT NLTMBER
DATE �V — 6 — ® w
OPC MEETING DATE
ZONING DISTRICT
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MEMORANDUM
TO: PLANNING COMMISSION
CITY OF OWASSO
FROM: ERIC WILES
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: AMENDMENT TO ZONING CODE RELATING TO SEXUALLY -
ORIENTED BUSINESSES
DATE: March 3, 2004
BACKGROUND:
In January 2004, the staff was directed to study and present a proposed amendment of the Owasso
Zoning Code to the Planning Commission and City Council. Specifically, the staff was asked to revisit
Section 650 — Location of Sexually- Oriented Businesses. The staff considered the separation
requirements in the code for sexually- oriented businesses between such businesses and churches,
schools, parks, residentially -zoned areas, and nonarterial streets that provide access to residentially -
zoned areas.
Currently, the requirements are as follows: no sexually- oriented business shall be located within five
hundred (500) feet of a church, school, or park, or within three hundred (300) feet of areas zoned
residential or within three hundred (300) feet of a nonarterial street which provides access to a
residentially zoned area. Sexually- oriented businesses are allowed by right in CS and CG Commercial
districts and by Special Exception in IL, IM, and III Industrial districts.
POTENTIAL DELETERIOUS EFFECTS OF SEXUALLY - ORIENTED BUSINESSES:
The staff has found that some uses of property are especially injurious to a neighborhood when they are
concentrated in limited areas. The recent decision by the City of Tulsa to add sexually- oriented
businesses to the list of businesses that should not be located within 1,000 feet of each other is in part, a
response to the significant growth in the number of such establishments in the Tulsa area over the past
several years. In the staff's opinion, the location of several sexually- oriented businesses in the same
neighborhood may tend to attract an undesirable quantity of transients, adversely affect property
values, cause an increase in crime, and encourage residents and businesses to move elsewhere.
This finding is based in part on a ruling of the United States Supreme Court in a case that placed the
Court in the position of considering the impact of "adult" establishments on neighborhoods. Young v
American Mini Theatres, Inc., 427 U.S. 50, 54 -55. The Court wrote that the city's effort to `preserve
the quality of urban life is one that must be accorded high respect," and that "the city must be allowed
- to experiment with solutions to admittedly serious problems." Id., 427 U.S. at 71. The Court
accepted the city's conclusion that "a concentration of `adult' movie theaters causes the area to
deteriorate and become a focus of crime, effect which are not attributable to theaters showing other
types of films." Id., 427 U.S. at 71, n.34.
RECOMMENDATION:
In order to mitigate such undesirable effects of a potential concentration of sexually- oriented businesses
in one neighborhood, the staff recommends increasing the required distance between the businesses and
churches, schools, and parks from 500 feet to 1,000 feet, between the businesses and residentially -
zoned areas from 300 feet to 1,000 feet, and between the businesses and nonarterial streets providing
access to residentially -zoned areas from 300 feet to 1,000 feet.
ATTAC)FIlI4ENTS:
1. Proposed ordinance that would amend the zoning code
2. Current zoning code section pertaining to sexually- oriented businesses
CITY OF OWASSO, OKLAHOMA
ORDINANCE NUMBER
AN ORDINANCE RELATING TO PART 12, PLANNING, ZONING AND
DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SECTION 12 -201,
ZONING REGULATIONS ADOPTED, SECTION 12- 201(6), COMMERCIAL
DISTRICT PROVISIONS OF THE ZONING CODE OF THE CITY OF
OWASSO, OKLAHOMA, CHAPTER 6 OF SAID ZONING CODE,
COMMERCIAL DISTRICT PROVISIONS, SECTION 650.2, PROHIBITION,
AMENDING SAME, REPEALING ALL ORDINANCES IN CONFLICT
THEREWITH, AND DECLARING AN EMERGENCY.
PREAMBLE
In the development and execution of this Ordinance, it is recognized that there are some
uses which, because of their very nature, are recognized as having serious objectionable
operational characteristics, particularly when several of them are concentrated under
certain circumstances thereby having a deleterious effect upon the adjacent areas. Special
regulation of these uses is necessary to insure that these adverse effects will not
contribute to the blighting or downgrading of the surrounding neighborhood. These
special regulations are set forth in this Ordinance. The primary control or regulation is for
the purpose of preventing a concentration of these uses in any one area.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, THAT, TO -WIT:
SECTION ONE: Part 12, Planning, Zoning and Development, Chapter 2, Commercial
District Provisions of the Zoning Code of the City of Owasso, Oklahoma, Zoning
Regulations, Section 12 -201, Zoning Regulations Adopted, Section 12- 201(6), Chapter of
said Zoning Code, Commercial District Provisions, Section 650.2, Prohibition, shall be
amended as follows,
650.2 Prohibition
No person shall cause or permit the establishment of any of the sexually oriented
businesses as defined in Section 650.1, in an area zoned other than "CS" and "CG ". In
addition, no person shall cause or permit the establishment of any of the sexually oriented
businesses, as defined in Section 650.1, within one thousand (1000) feet of any other
sexually oriented business, or within one thousand (1000) feet of a church, school, (type
which offers a compulsory education curriculum), public or private park, or within one
thousand (1000) feet of areas zoned residential or within one thousand (1000) feet of a
nonarterial street which provides access to a residentially zoned area. Provided further
that the Board of Adjustment may permit by Special Exception sexually oriented
businesses, as defined in 650.1 in an IL, IM, or IH District, subject to the distance
limitations set forth herein.
The establishment of a sexually oriented business shall include the opening of such
business as a new business, the relocation of such business, the enlargement of such
business, in either scope or area, or the conversion of an existing business location of any
of the uses described in Section 650.1.
Nothing in this Ordinance is intended to make legal any business or activity that is
expressly declared illegal under the provision of this Code or under any state or federal
laws.
SECTION TWO: Any ordinance(s) or part(s) thereof in conflict herewith are hereby
expressly repealed.
SECTION THREE: The protection of the health, safety and welfare of the general
public necessitates that this ordinance become effective immediately, and by reason
thereof, an emergency is hereby declared to exist whereby the provisions of this
ordinance shall become effective immediately upon passage and publication as is
provided by state law.
APPROVED this day of 2004, with the Emergency
Clause voted upon and approved separately.
Attest:
Sherry Bishop, City Clerk
Approved As To Form:
Ronald D. Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
Gary Cochran, Mayor
2
SECTION 620 ACCESSORY USES PERMITTED IN COMMERCIAL DISTRICTS
620.1 Accesory Uses Permitted
Accessory uses customarily incident to a principal use permitted in a Com-
mercial District are permitted in such district.
620.2 Accessory Use Conditions
a. Accessory buildings shall meet the minimum building setback lines
of the applicable district.
b. An accessory building erected as an integral part of the
principal building shall be made structurally a part thereof,
shall have a common wall therewith, and shall comply with the
requirements applicable to the principal building.
c. Signs in the Commercial Districts, whether accessory or principal
uses, are subject to the use conditions of the Use Unit 21.
SECTION 630 BULK AND AREA REQUIREMENTS IN THE COMMERCIAL DISTRICTS
Table 2
Bulk and Area Requirements in the Commercial District
District
Frontage (min. ft.)
Arterial and Freeway Service Road
150
150
N/A
Not an Arterial
50
50
N/A
Floor Area Ratio (maximum)
.50
.75
N/A
Setback from Centerline of Abutting Street (min. ft.):
measured from centerline of abutting street; add }
of the right -of -way width designated on the Major
Street Plan, or 25 feet if the street is not designa-
ted on the Major Street Plan:
Arterial and Freeway Service Road
50
50
N/A
Not an Arterial
25
25
N/A
Setback from abutting R District boundary lines
(min. ft.)
10*
10*
10*
Building Height (max. ft.)
N/A
N/A
N/A
*plus 2 feet of setback for each I foot building height exceeding 15 feet
if the abutting property is within an RE, RS, RD or RTH District.
37
SECTION 640 SPECIAL EXCEPTION USES IN COMMERCIAL DISTRICTS, REQUIREMENTS
1. Multi- Family use, where permitted by special exception, shall
comply with the bulk and area requirements of the RM -2 District.
2. Except as provided above, all special exception uses shall com-
ply with the bulk and area requirements of the use district in
which located.
SECTION 650 LOCATION OF SEXUALLY - ORIENTED BUSINESSES
650.1 Definitions
As used in this Section, the terms sexual conduct and specified anatomical
areas shall mean as follows:
1. Sexual Conduct includes the following:
(a) The fondling or other touching of human genitals, pubic
region, buttocks, or female breasts;
(b) Ultimate sex acts, normal or perverted, actual or stimulated,
including intercourse, oral copulation, sodomy;
(c) Masturbation; and,
(d) Excretory functions as part of or in connection with any of
the activities set forth in (a) through (c) above.
2. Specified Anatomical Areas includes the following:
(a) Human genitals, pubic region, buttocks, and female breasts
below a point immediately above the top of the areola.
(b) Human male genitals in a discernible turgid state, even if
completely and opaquely covered.
For purposes of this Ordinance, the sexually- oriented businesses are de-
fined as follows:
1. Adult Amusement or Entertainment: Amusement or entertainment
which is distinguished or characterized by an emphasis on acts
or material depicting, describing or relating to Sexual Conduct
or Specified Anatomical Areas, as defined herein, including but
not limited to topless or bottomless dancers, exotic dancers,
strippers, male or female impersonators or similar entertainment.
2. Adult Bookstore: An establishment having as a significant
portion of its stock in trade books, film, magazines and other
periodicals which are distinguished or characterized by an em-
- phasis on depicting or describing Sexual Conduct or Specified
Anatomical Areas.
W.
3. Adult Mini Motion Picture Theater: An enclosed building with a
capacity of less than 50 persons used for presenting material
distinguishing or characterized by an emphasis on depicting or
describing Sexual Conduct or Specified Anatomical Areas.
4. Adult Motel: A motel wherein material is presented, as part of
the motel services, via closed circuit T.V. or otherwise, which
is distinguished or characterized by an emphasis on depicting or
describing Sexual Conduct or Specified Anatomical Areas.
5. Adult Motion Picture Arcade: Any place to which the public is
permitted or invited wherein coin or slug- operated or
electronically, electrically or mechanically controlled, still or
motion picture machines, projectors, or other image - producing de-
vices are maintained to show images to five or fewer persons per
machine at any one time, and where the images so displayed are
distinguished or characterized by an emphasis on depicting or
describing Sexual Conduct or Specified Anatomical Areas.
6. Adult Motion Picture Theater: An enclosed building with a capa-
city of 50 or more persons used for presenting material
distinguished or characterized by an emphasis on depicting or de-
scribing Sexual Conduct or Specified Anatomical Areas.
7. Massage Parlor: Any place where for any form of consideration
or gratuity, massage, alcohol rub, administration of
fomentations, electric or magnetic treatments, or any other
treatment or manipulation of the human body occurs as part of or
in connection with Sexual Conduct or where any person providing
such treatment, manipulation or service related thereto exposes
Specified Anatomical Areas.
8. Model Studio: Any place other than university or college art
classes where, for any form of consideration or gratuity, figure
models who display Specific Anatomical Areas are provided to be
observed, sketched, drawn, painted, sculptured, photographed, or
similarly depicted by persons paying such consideration or
gratuity.
9. Sexual Encounter Center: Any building or structure which
contains, or is used for commercial entertainment where the
patron directly or indirectly is charged a fee to engage in per-
sonal contact with or to allow personal contact by, employees,
devices or equipment or by personnel provided by the establish-
ment which appeals to the prurient interest of the patron, to
include, but not to be limited to bath houses, massage parlors,
and related or similar activities.
650.2 Prohibition
No person shall cause or permit the establishment of any of the sexually-
- oriented businesses as defined in Section 650.1, in an area zoned other
than "CS and "CG ". In addition, no person shall cause or permit the es-
tablishment of any of the sexually- oriented businesses, as defined in
39
Section 650.1 within one thousand (1,000) feet of any other sexually -
oriented business, or within five hundred (500) feet of a church, school,
(type which offers a compulsory education' curriculum), public or private
park, or within three hundred (300) feet of areas zoned residential or
within three hundred (300) feet of a nonarterial street which provides
access to a residentially zoned area. Provided further that the Board of
Adjustment may permit by Special Exception sexually- oriented businesses,
as defined in Section 650.1 in an IL, IM or IH District, subject to the
distance limitations set forth herein.
The establishment of a sexually- oriented business shall include the
opening of such business as a new business, the relocation of such busi-
ness, the enlargement of such business in either scope or area, or the
conversion of an existing business location of any of the uses described
in Section 650.1.
Nothing in this Ordinance is intended to
vity that.is expressly declared illegal
or under any state or federal laws.
SECTION 660 SITE PLAN REVIEW
660.1 Purposes
make legal any business or acti-
under the provision of this Code
By reason of potential adverse effects on public services or to
neighboring land uses, site plan review and approval is required for any
commercial developments for the purposes of assuring proper accessibility,
circulation, functional relationships of uses, and compatibility with
adjoining and nearby development. No building permit shall be issued nor
use commenced within this development except in accordance with an
approved site plan.
660.2 Application for Site Plan Review
An application for site plan review shall be filed with the planning com-
mission staff. The application shall be in such format and content as the
planning commission may by resolution establish, with at least three (3)
copies of the site plan submitted. The plan must show information showing
compliance with applicable sections of this code and all other applicable
city codes and ordinances. The planning commission may delegate and
assign the review and approval of site plan to its staff on tracts less
than 18,000 square feet or structure amendment of less than 2,000 sq. ft.
or 10% (whichever is greater). Appeals from denial of staff shall be made
to to the planning commission.
660.3 The Site Plan Shall Contain:
(a) Proposed location of uses, including off - street parking design
and layout (see Chapter 11 for minimum required dimensions and
design standards) open spaces and public uses;
(b) Location, height, and size of buildings and other structures.
40
(c) Proposed location of all existing or proposed site improvements
including curb lines, curb cuts and their radii, neighboring
curb cuts, drains, culverts, retaining walls and fences;
(d) Internal public and private vehicular and pedestrian circulation;
(e) Proposed location and development of buffer areas, screening and
landscaping;
(f) The intensity of uses expressed in floor area, allocated to each
identifiable segment of the development;
(g) A computation of lot area, building floor area, and building
coverage for each type of proposed use;
(h) Proposed location, height, and size of any ground sign;
(i) Sufficient surrounding area to demonstrate the relationship of
the development to adjoining uses, both existing and proposed;
(j) Existing topographic character of the land including identifica-
tion of floodplain areas, treed areas, slope analysis and soil
analysis;
(k) An explanation of the character of the development.
(1) Off- street parking shall be required for all commercial zones,
including,CH. Adequate offsite off - street parking may be pro-
vided for CH tracts within a 1000 foot radius.
41
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING COMMISSION
TYPE OF MEETING: Regular
DATE: February 9, 2004
TIME: 7:00 p.m.
PLACE: Old Central, 109 N. Birch
NOTICE FILED BY: Duane Cuthbertson, City Planner
Notice of Addendum filed in the office of the City Clerk and posted on the city hall bulletin
board at 2:00 p.m. Thursday, February 05, 2004.
Duane Cuthbertson, City Planner
ADDENDUM TO AGENDA
The following is submitted as an addendum to the Agenda filed on January 26, 2004. Items
numbered 1 through 8 shall remain the same. Items numbered 9 through 12 are now numbered
10 through 13, and new item 9 is listed as follows:
9. OLS 04-02 — A request for approval of a Lot Split on property located' /2 mile north of E.
86'rSt. N. on the East side of N. 145th E. Ave.
CITY OF OWASSO
COMMUNITY DEVELOPMENT DEPARTMENT
OLS 04 -02
STAFF REPORT
BACKGROUND
The City of Owasso has received a request from Mr. David Chamey, applicant, for the
approval of a Lot Split of the southern 35 feet of lot 2, block 11 in Preston Lakes containing
0.16 acres, more or less. In May of 2003 the City of Owasso approved a Lot Split of Lot 2,
Block 11 in Preston Lakes Addition splitting the lot into two lots. The northern lot (65') was
combined with a portion of Lot 3 and was to be utilized by an investor, whom wanted to
develop a car wash named Owasho of Owasso, as one site. To accommodate restrictions and
limitations that were discovered during the site planning stage and required by the Planning
Commission for the car wash, the investor is acquiring an additional 10' of property. In order
for the exact property to convey ownership a lot split legally separating the proportions must
occur.
LOCATION
The subject property is located approximately % mile north of E. 86' St. N. on the east side
of N. 145th E. Ave.
EXISTING LAND USE
Vacant
SURROUNDING LAND USE
North: Central Baptist Church
South: Vacant
East: Vacant
West: Silver Creek Church of the Nazarene /Silver Creek Village subdivision
PRESENT ZONIN G
Preston Lakes PUD —15 -- CG (Commercial General District)
SURROUNDING ZONING
North: OM (Office Medium District)
South: PUD 15 -- CG (Commercial General District)
East: PUD 15 -- CG (Commercial General District)
West: OM/RS -3 (Office Medium and Residential Single Family District)
ANALYSIS
As stated above, the requested lot split is in
imposed on the Owasho of Owasso site plan.
response to Planning Commission conditions
In order for the owners of Owasho of Owasso
to meet the conditions of the Owasso Technical Advisory Committee review while
maintaining their intended level of service, they are acquiring an additional 10' of property
from the lot to the south.
The `original' subject lot (lot 2, block l I in Preston Lakes Addition) had previously been
split into two tracts (a northern 65' and southern 35'). The northern tract was combined with
a lot to the north to create one site which was to be utilized by the investor. The southern lot
was a strip of 35' that was to be tied to lot 1, block 11 to the south. This request is suggesting
that the southern tract (35') be split into two lots, a 10' strip and a 25' strip. The 25' strip
will remain tied to `original' lot 1, block 11 in Preston Lakes. The 10' strip will be conveyed
to the Owasho of Owasso site to the north and become legally attached Through the legal
process both of the newly created lots will be tied to a greater property, hence there will be
no unbuildable lots created as a part of this proposed transaction.
A lot split is a minor subdivision of previously subdivided land. The Planning Commission
may approve a lot split that creates not more than three (3) lots fronting on an existing,
dedicated street, not involving any new street or road, or the extension of municipal facilities,
or the creation of any public improvements, and not in conflict with any provision or portion
of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless
approved by the Board of Adjustment) or these regulations.
If the request is approved, the Owasho of Owasso site plan will satisfactorily meet the
requirements set forth in the Owasso Zoning Code, Subdivision Regulations and Engineering
specifications by the Owasso Technical Advisory Committee.
RECONIMENDATION
Staff recommends approval of the Lot Split request.
ATTACHMENTS
1. General Area Map.
2. Lot Split Application.
3. Site Map
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Proposed tracts:
Tract 1
The South 25 feet of Lot 2, Block 11 and all of Lot 1, Block 11, Preston Lakes, an
Addition to the City of Owasso, Rogers County, State of Oklahoma, according to the
recorded Plat thereof.
Tract 2
The North 75 feet of Lot 2, Block 11, and the North 82.68 feet of the West 200 feet of
Lot 3, Block 11, Preston Lakes, an Addition to the City of Owasso, Rogers County,
State of Oklahoma, according to the recorded Plat thereof.