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HomeMy WebLinkAbout2004.11.08_Planning Commission AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular November 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 November 3, 2004. Duane Cuthbertson, City Planner OWASSO PLANNING COMMISSION Monday, November 8, 2004 at 7:00 PM Old Central 109 N. Birch AGENDA Cali to Order Roll Call 3. Approval of Minutes from the October 11, 2004 Regular Meeting. 4. OZ 04 -12 — A request to rezone approximately 9.274 acres of property located at the SE corner of E. V' St. N. and N. 129`h E. Ave. from AG to CS. 5. OZ 04 -13 — A request to rezone approximately 30 acres of property located on the east side of N. Garnett Rd., %2 mile south of E. 116°i St. N. from AG to RS -3. 6. OZ 04 -14 — A request to rezone approximately 11.61 acres of property located on the north side of E. 86`h St. N. at N. Garnett Rd. from AG to CG. 7. OPUD 04-04 — A request to approve a Planned Unit Development proposing residential development on 30 acres of property located on the east side of N. Garnett Rd., %2 mile south of E. 116h St. N. 8. Minor Amendment OPUD 12 -A — A request to approve a minor amendment to the Bailey Ranch Estates PUD (OPUD 12 -A) located south and east of E. 106th St. N. and N. Garnett Rd. 9. Preliminary Plat: The Reserve on Ehn Creek — A request to review and approve a Preliminary Plat proposing 74 lots on 2 blocks on approximately 20.00 acres located at the NW corner of E. 66th St. N. and N. 129" E. Ave. 10. Preliminary Plat: Lake Valley — A request to review and approve a preliminary plat proposing 110 lots on 5 blocks on approximately 46.09 acres of property located northeast of E. 106th St. N. and N. 145h E. Ave. 11. Final Plat: Preston Lakes III — A request to review and approve a fmal plat proposing 147 lots on 6 blocks on approximately 47.48 acres of property located west of N. 161St E. Ave., % mile south of E. 96th St. N. 12. Final Plat: Alken — A request to review and approve a final plat proposing I lot on 1 block on approximately 1.33 acres of property located at the NE comer of E. 99' St. N. and U.S. Hwy 169 Service Rd. 13, Site Plan: Renaissance Center — A request to review and approve a site plan proposing a 19,300ft2 commercial shopping center and a 16,000 ftz mini- storage facility on 3.26 acres of property located at the southeast comer of E. 86th St. N. and N. 137th E. Ave. 14. Report on Monthly Building Permit Activity. 15. Report on Planning Items Previously Forwarded to City Council. A. Annexation (2) -Penix (9.274 acres) - Owasso Land Trust (30 acres) B. Final Plat (2) - Owasso Medical Campus (9 lots. 6 blocks) - Renaissance Center (I lot, 1 block) 16. Discussion of Development In and Near Owasso. 17. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, October 11, 2004 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Marilyn Hinkle Kevin Vanover MEMBERS ABSENT Duane Coppick Dale Prevett STAFFPRESENT Duane Cuthbertson Marsha Hensley Dan Salts Eric Wiles Rickey Hayes The agenda for the regular meeting was posted at the north entrance to City Hall on October 5, 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 SEPTEMBER 13, 2004 REGULAR MEETING - The Commission reviewed the minutes of September 13, 2004 Regular Meeting, Marilyn Hinkle moved, seconded by Ray Haynes to approve the minutes. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes The motion carried 3 -0. 4. OA 04 -07 — Request to annex approximately 9.274 acres of property located at the SE corner of E. 76`h St. N. and N. 129`h E. Ave. Duane presented the request and described the property location. The applicant is requesting this annexation petition in order to begin a process that will result in the commercial development of the property. Staff published legal notice in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. Staff has received no calls and recommends approval. The Owasso Annexation Committee recommended approval of OA 04 -07 on September 29, 2004. Staff recommends approval. Ray Haynes moved to approve the annexation of approximately 9.274 acres of property located at the SE corner of E. 76`h St. N. and N. 1291h E. Ave., seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes OWASSO PLANNING COMMISSION October 11, 2004 Page No. 2 The motion carried 3 -0. 5. OA 04 -08 — A request to annex approximately 30 acres of property located on the east side of the 11000 block of N. Garnett Rd; '/z mile south of E. 116`h St. N. Duane presented the item and described the property location. The applicant is requesting this petition in order to begin a process that will result in the development of a single family subdivision. At the Owasso Annexation Committee meeting on September 29, 2004 the Committee unanimously recommended approval. Legal notice was sent to surrounding property owners and advertised in the Owasso Reporter. Mr. Sam Orr, a surrounding property owner stated that he had concerns with the storm water nm off. Mr. David Chamey explained that he had spoken with the Orr family prior to this meeting and if aware of their concerns. Ray Haynes moved to approve the annexation of approximately 30 acres of property located on the east side of the 11000 block of N. Garnett Rd; % mile south of E. 116`h St. N. The motion was seconded by Kevin Vanover. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion carried 3 -0. 6. Preliminary Plat: The Reserve on Elm Creek — A request to review and approve a Preliminary Plat proposing 74 lots on two (2) blocks on approximately 20.00 acres located at the NW corner of E. 66`' St. N. and N. 129'h E. Ave. Duane stated that the applicant has requested this preliminary plat review be tabled. Ray Haynes moved to table the Preliminary Plat for The Reserve on Elm Creek. The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes The motion carried 3 -0. 7. Preliminary Plat: Belmont Place — A request to review and approve a preliminary plat proposing 93 lots on two (2) blocks on approximately 20.263 acres of property located at the intersection of E. 12150 St. N. and N. 97`h E. Ave. The Chair introduced the case and Duane presented the item. The applicant is requesting approval of the plat so that they may eventually develop the property with single family houses. The developer proposes to divide the property into 93 lots on two blocks. Water service will be City of Owasso and Washington County Rural Water district #3 water service zones split this property roughly in half (cast/west). The property will be subject to OWASSO PLANNING COMMISSION October 11, 2004 Page No. 3 any payback fees, including Storm Siren fees of $16.00 per acre. The Technical Advisory Committee reviewed the plat at their September 29, 2004 meeting. The following comments were provided: 1. Community Development 0 Show lot addresses as provided by the City Planner; 2. Community Development — Rename E. 120`' St. N. to E. 121 St. N. 3. Community Development — Ensure that sidewalks are established along all public roadways within and along the perimeter of the development; 4. Community Development — Pay the Storm Siren fee of $16.00 per acre upon approval of the Final Plat; 5. Community Development — With the final plat provide a detailed Landscape Plan for the property adjacent to the arterial and the entrance of the development outlining the placement, type and maintenance of materials; 6. Public Works — Increase front yard Utility Easements to 15'; 7. Public Works — Show contour lines on the plat; 8. Fire Marshal — Coordinate Fire Hydrant locations with the Fire Marshal; 9. AEP /Cox — Insert additional utility easements as requested by the utility companies; 10. Washington County Rural Water — Coordinate water supply between City of Owasso and Washington County Rural Water district #3. Letters were mailed to surrounding property owners and legal advertisement was published. Staff recommends approval. Discussion was held regarding the need for the access easement leading into Reserve "A" remaining clear of any obstruction. Ray Haynes moved to approve the Belmont Place Preliminary Plat subject to the above Staff and TAC recommendations. Also subject to the access easement between Lot 61 and Lot 62, Block 1, remain clear of any obstruction. Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes The motion carried 3 -0. 8. Final Plat: Owasso Medical Campus — A request to review and approve a final plat proposing 9 lots on six (6) blocks on approximately 66.4231 acres of property located 0.3 miles NW of the intersection of E. 96`h St. N. and N. 129`h E. Ave. Duane presented the item and described the property location. The property is zoned OPUD 04 -03 with an underlying zoning designation of OM (Office Medium District). The applicant plans to eventually develop the property with a full service hospital and medical center, medical offices and senior living residential development. The Technical Advisory Committee, reviewed at their September 29, 2004 meeting. The OWASSO PLANNING COMMISSION October 11, 2004 Page No. 4 following comments were provided: 1. Community Development — Terminate the R -O -W on the entry road, E. 100 °i St. N., at the return at the intersection with E. 991h St. N.; 2. Community Development — Pay the Storm Siren fee of $16.00 per acre before final plat is released from the City; 3. Community Development — Show water infrastructure for connections with the City of Owasso water; 4. Community Development — Ensure that sidewalks are provided on either side of all public roadways developed within the subdivision, not including the north side of E. 101 St No.; 5. Community Development — Create reserve areas within R -O -W for any proposed landscaped islands on the entryway road, E. 100th St. N. and provide maintenance details in the deeds of dedications: 6. ONG — Provide standard language in the deeds of dedication. Staff recommends approval of the final plat for the Owasso Medical Campus subject to the above TAC and staff recommendations. The following are concerns expressed by a few surrounding property owners present at the meeting: Sara Price — 9925 N 120 E Ave — Has concerns with N. 117th E. Ave. opening to through traffic. She also questioned the time frame of the crash gate & the landscaped berms. Requested that the trees be planted prior to construction to give them more time to grow. Sandra Casler — 10109 N 129 E Ave — Would like to see the landscape in place prior to construction to help block the development. James Prock — 11802 E 99 St No — Had questions regarding lighting and concerns with trash blowing on his property. Mr. Joe Nurre with Owasso Public Works Department explained the City's policy on erosion and dust control. Discussion was held regarding a traffic count performed at N. 117th E. Ave. Mr. Jerry Ledford with Tulsa Engineering and Planning agreed to a traffic analysis being conducted prior to the development of Lot 1, Block 2. Mr. Ledford also explained that the required 5' landscaped berms along the west and north sides, will be built at Phase 1 along with all the streets and the crash gate. Ray Haynes moved to approve the final plat subject to the above Staff and TAC conditions with condition #5 being stricken. Also, subject to a traffic analysis being performed on N. 117th E. Ave. prior to a site plan review of Lot 1, Block 2, Owasso Medical Campus. Kevin Vanover seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes The motion carried 3 -0. OWASSO PLANNING COIVA USSION October 11, 2004 Page No. 5 9. Final Plat: Renaissance Center— A request to review and approve a final plat proposing one (1) lot on one (1) block on approximately 3.264 acres of property located at the SE c. of E. 86`h St. N. and N. 137`h E. Ave. The Chair introduced the case and Duane gave staff review. The development process was described. Ed Long is requesting the review and approval so that he may eventually develop a commercial shopping center on the northern section of the property and a mini - storage facility on the southern section of the property. The applicant will be responsible for paying all fees associated with developing the property including the Storm Siren fee of $16.00 per acre and the Elm Creek Sanitary Sewer fee of $1580.00 per acre. The Renaissance Center Final Plat was reviewed at the regularly scheduled Technical Advisory Committee on September 29, 2004. The following commends were provided. 1. Community Development — Show the ownership of the property on the plat drawing; 2. Community Development — Ensure that sidewalks are established along all public roadways within and adjacent to the development; 3. Community Development — Pay the Storm Siren fee of $16 per acre upon approval of the Final Plat; 4. Community Development — Pay the Elm Creek Sanitary Sewer fee of $1580 per acre upon approval of the Final Plat; 5. Oklahoma Natural Gas — Provide standard language in the deeds of dedications. Ray Haynes moved to approve the Final Plat for Renaissance Center subject to the above TAC and Staff conditions, Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes The motion carried 3 -0. 10. Site Plan: Owasso Medical Center — A request to review and approve a site plan proposing a 110,000 sq ft hospital facility on 12.4249 acres of property located 0.3 Miles NW of the intersection of E. 96h St. N. and N. 129`' E. Ave. Chairperson Haynes presented the item and Duane described the property location. The Owasso Medical Campus is part of an approved Planned Unit Development consisting of the hospital as well as associative medical office buildings and assisted living residential integrated into a campus style setting. The grading and landscaping plan shows the creation of the required 5' berm along the borders shared with the residential development to the north and west of the site. The applicant has provided a photometric plan. The Technical Advisory Committee reviewed the site plan at their September 29, 2004 regular meeting and had the following comments: OWASSO PLANNING COMMISSION October 11, 2004 Page No. 6 1. Community Development — Ensure that a 14' masonry wall is constructed around the utility yard; 2. Community Development — Provide a crosswalk across N. 123 E. Ave. at the intersection with E. 99 St. N; 3. Community Development — Provide Finish Floor Elevations for the proposed building; 4. Community Development — Provide a landscaped island in the middle of the longest (25/28) strip of parking spaces in the southern parking lot; 5. Community Development — Ensure that the required (as part of the PUD approval) 5' landscaped berm is constructed along the entire perimeter of the subdivision obstructing the view from adjacent residential developments; 6. Community Development — Provide additional landscaping along sidewalks proposed with the hospital development; at time of planting specimens should be 2" caliper large evergreen or deciduous shade trees planted at 50' on center. 7. Community Development — Provide the required landscaping on top of the required berms placed along the northern and western boundaries of the Owasso Medical Campus plat area; 8. Public Works — Provide water plans to Public Works showing a connection to City of Owasso water supply; 9. Fire Marshal — Locate Fire Hydrants per Fire Marshal. Staff recommends approval of the Owasso Medical Campus site plan. Discussion was held regarding Item #6 of the Staff and TAC comments. Commissioner Vanover expressed concern with evergreens next to sidewalks. Also discussed was landscape at the entrance of the project. Mary Huff questioned the distance from the helicopter pad to the berm. She also requested the fence that surrounds the cooling tower, be 5' taller than originally planned. Ray Haynes moved to approve the site plan subject to the above Staff and TAC conditions with a correction on condition #6. It should read "all public right -of- ways ". Also, subject to a fence being constructed on the west and north side of the development, at the time of construction of the hospital, in order to control trash. Kevin Vanover requested a slight change on condition #6. To withdraw 2" caliper large evergreens adjacent to a sidewalk and replace with the planting and maintenance of 6' canopy trees adjacent to sidewalks. Kevin Vanover seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes The motion carried 3 -0. 11. Site Plan: Bailev Medical Center — A request to review and approve a site plan proposing a 75,141 sq ft hospital and an 18,213 sq ft medical office building on 26.32 acres of OWASSO PLANNING COMMISSION October 11, 2004 Page No. 7 property located at and south of 11010 E. 106 St. N. Chairperson Haynes presented the item and Duane described the property location. This review is in anticipation of the development of a hospital and medical office building just south of E. 106`x' St. N. and west of N. Garnett Rd. The proposed development consists of a 3 story — 75,141 sq ft hospital and a 5 story — 18,213 sq ft medical office building on 26.32 acres. The Technical Advisory Committee reviewed the site plan at the September 29, 2004 regular meeting. The following comments were provided: 1. Community Development — Ensure that standard (4' wide) sidewalks are placed on either side of all public roadways associated with the proposed development; 2. Community Development — Reconfigure the emergency room access loop so that the exit intersection is at a hard right angle; 3. Community Development — Ensure that all drive lands in the proposed parking lots not connecting to a street or driveway are properly tenninated with a curb or barricade; 4. Fire Marshal — Coordinate Fire Hydrant locations with the Fire Marshal. Staff recommends approval of the site plan. Acceleration/deceleration lanes were discussed along with the phases of the landscape plan. Ray Haynes moved to approve the site plan .subject to the above Staff and TAC recommendations and subject to the redesign of the emergency room access loop. Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle — Yes The motion carried 3 -0. 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 — Marilyn Hinkle moved, Ray Haynes seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Ray Haynes - Yes Kevin Vanover - Yes Marilyn Hinkle - Yes The motion carried 3 -0 and the meeting was adjourned at 9:05 PM. OWASSO PLANNING COMNUSSION October 11, 2004 Page No. 8 Chairperson Secretary Date CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OZ 04 -12 (PENIX) STAFF REPORT BACKGROUND The City of Owasso has received a request from Henry Penis to rezone approximately 9.274 acres of property from its current designation of AG (Agricultural District) to CS (Commercial Shopping District). The applicant is requesting the city rezone the property to CS (Commercial Shopping District) so he may eventually develop a commercial shopping center at the site. Current Zoning Designation: Proposed Zoning Designation: HEARING DATE Planning Commission, November 8, 2004 LOCATION AG (Agricultural District) CS (Commercial Shopping District) The property is located at the southeast corner of E. 76x' St. N. and N. 129x' E. Ave. A general area map has been attached for your review. EXISTING LAND USE A Koala Care child care center and a single family house are located on the subject property. 1.10:1 Kl1IN1171►Its r/Wit7iR�l North: Large -lot residential South: Large -lot residential East: Baptist Retirement Center West: Rural residential PRESENT ZONING AG (Agricultural District) — Tulsa County SURROUNDING ZONING North: RE (Residential Estates District) — Tulsa County South: RE (Residential Estates District) — Tulsa County East: AG (Agricultural District) — Tulsa County West: AG (Agricultural District)/RS-1 (Residential Single Family District) ZONING HISTORY Oct., 2004 — The subject property was annexed into the City of Owasso. DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. The rezoning process is initiated when a property owner submits an application requesting a change in a property's zoning designation. The property owner must submit an application indicating the current zoning designation and defining the requested zoning designation. The application should be accompanied by the zoning fee, an accurate legal description and map showing the property as well as a certified 300' radius report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. As staff is soliciting citizen input from the notification the application will receive an internal review. The internal review consists of answering three primary questions: 1. Is the requested zoning designation consistent with the Owasso 2010 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? Based on that criteria staff will formulate a recommendation for the request to forward to the Owasso Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the requested zoning change is appropriate and make a recommendation to forward to the Owasso City Council. The Owasso City Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the zoning designation is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the City Council making the change law. LEGAL CONSIDERATIONS OF A REZONING REVIEW The decision to rezone a particular property in the City of Owasso should be based on three fundamental questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. ZONING/DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned CS (Commercial Shopping District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property including retail shopping, bakery, offices and salons. The developer's intentions to construct a commercial shopping center are consistent with requested zoning designation. COMPREHENSIVE PLAN CONSISTENCY The Owasso 2015 Land Use Master Plan calls for the property to be utilized in a commercial manner. The requested zoning designation of CS (Commercial Shopping District) is consistent with the Owasso 2015 Land Use Master Plan. ANALYSIS Henry Penix is requesting to rezone 9.274 acres of property located at the southeast corner of E. 76th St. N. and N. 129s E. Ave. It is Mr. Penixes intention to develop a commercial shopping center at this intersection. The subject property was annexed by the City of Owasso in October and as a matter of policy the property was annexed with the zoning designation of AG (Agricultural District). The requested designation of CS (Commercial Shopping District) is consistent with the Owasso Master Plan and compatible with typical zoning patterns, i.e. to have commercial zoning designations at the comers of major arterials ( E. 761i St. N. and N. 129' E. Ave.). In the coming months two new residential subdivisions will begin to develop, approximately 74 lots are planned in the `Reserve on Elm Creek' addition 1 mile to the south and more than 150 lots have been zoned residential 1/2 mile to the east on E. 766 St. N. These new developments will substantially increase the amount of traffic at that intersection, making it more amenable to commercial development. In the immediate area, the property at the northwest corner of the intersection is as of yet undeveloped but zoned for commercial development. A single family house and a Koala Care child care center currently exist on the property, both owned by the applicant. It is the intention of the applicant to raise the single family home at the time of construction to make way for the intended commercial shopping center. The Koala Care facility may be incorporated into new development however that determination will be made at a later date. There are two site deficiencies identified on the Koala Care site that will need to be addressed when the surrounding property is developed, namely the borrow ditches along E. 761i St. N. and the lack of sidewalks. The applicant has agreed to bring the property up to City standards at the time of development whether Koala Care is incorporated into the shopping center or not. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received one phone call from the public in opposition to the request. The objection was limited to a surrounding property owner's desire to see the area remain developed at a low intensity. A copy of the legal notice is attached for your information and review. If the zoning request is approved, the land will still have to be platted in accordance with municipal regulations in order for development to occur. Significant development will be subject to a site plan review, at which time proposed and existing development will have to meet the City's requirements. Stormwater detention will be required as will adequate infrastructure including water and sewer and all other requirements such as sidewalks, appropriate access and appropriate signage. If the Commission approves this application it will then require City Council approval Staff recommends approval of OZ 04 -12 to change the zoning designation of the subject property from AG (Agricultural District) to CS (Commercial Shopping District). ATTACHMENTS 1. General Area Map 2. Rezoning Application 3. Legal Description and Exhibit 4. Legal Notice 76 CIR N . �owo •s Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com OZ 04 -12 Penix ubiect SE c. of E. 76th St. N. and N. 129th E. Ave. r' CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 GENERAL LOCATION lGl� PRESENT ZONING r"� C-) PROPOSED ZONING L° $ REZONING APPLICATION 6 n, PRESENT USE PROPOSED USE LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) re 2nd A dress of Record Owned Address or General Location of Subject Property Y'L.✓au A - �,,. 4Dln /u,lA 11 h 1 .740 Sl. wj-�Y /1 - S041A In:. nt.. d As ap6licant, what is your interest in this property? I Name of person to b billed for publication Phone ❑ SFresent Owner Agent for Owner %%1� vaa A tE ,V/x (�? ❑Purchaser ❑Other Mailing Address ❑Attomey for Owner go Yx Stow, . 11�4/a A /Jk- -2 010/ — Fe i v I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN ( SI�rATURE DAT SUBhHTTED IS COMPLETE, TRUE AND ACCURATE J q i I ryq � 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 ✓ 20 + acres 200 SUBMITTAL DATE I OPC MEETING DATE FEE RECEIPT NUMBER APPROVED DENIED 7 ?- b N 0 a T N W m A 2 \ z ° V1 t N > r J I _ N 00'20'15" E 658.85' NORTH 129th EAST AVENUE —� 233.84' 415' — — — � 16.5' STATUTORY R/W — -- o L o ti� I N 00'10'15" E 350.00' Street R/W Line / I 501 N O ti 00'10'15" F 558.80' 5 00'10'56" W 658.80' I I I 2 I I rn A 2 r'l NI o� NI n >I c2 �o a yl A � � fl �I O 21 I I I I II I. �A I I I I I I, I 501 S 00'10'56" W 658.71' zN 93 Mm rn yxm o or Mm Q .T n m D m ayZy Z �m v Zv m N 00 wo mp $p 4 m �o1°^imm�� moo °mD yl.I TyrNmVlw NrNmmmAmmO Dp xOT yOO� a -yO'0, FyNn -,m $mo ADy -O m�tOwo4ZJl CFA pm aZmo °fZ N200�ZjmA�OD A a Zm ZO 0 m Z m CC D Of D OO n ° Am> >m 'm OCD m-11 'p N m on xmz,m oo o Z o� No^ m Z m 59Z9 Zn:OyD2m a 5L > -Z i C pnOrn S.F yDnN{�Im ZZDo Az m w ypyx oln�Soy5!y �aA rZtni�pyzpim x"t'x c�o ow nm zm yn> D ~x s1G"'rm�'nyAyZm °a Ro 3m DOO Z'IC yD=1C S� ^m m -ZI y_ vl A mrm0°y m C24 yy zp ZymT2 T"n z ="N T �� oyinmpm� >zmmay.-.i '1"n �mmzC{a..m >mn$m$ymm °m °< iA ZO�yAD_oOf�I ML, 2zv°T; '9 zZ.yyomN�-Niro mm �rAn :� y�WD °m yr ->D80M mC mNpNr y nOZ r nA yZm o< Ty° z myzm°i� yozymmoa D m C m D O Z W O T D G Z i y O C mu Nm ipOOyr yy[yyU a�rVlw 'L 2Vla Om D myn m A K OF; DN ON pn 20 ym On a� Km am 2 0 o A i 0 m y y m O T A 200 O ra' fmn 8.10. '-. O Z NGNGI m DZ- >8O0 Oan�m N V D r Z > s Z Z o Zzmm>' ny m z OT mxyN�� uxmmon N TZZ +�yMux m rtiy0 y 2 T mAw� ooze n�o �pwm� immQ00 U y Z _I°mU O Z Cl Tp A.. �G�mZ yD 0ZF Zzo mm�o ,HQ O T � s N g > r 5oza n Z I y0 O N zycmyT n A our ^ >3� U >m o �ozni� z K C O v Z A Ay G o��FO n m�a y 1591 OT !' � T Z C Z 1 ax�p oT m mxzO o a'Amo 0 00 A pT a 0 it C O y Z m m y KZO?3°I °°yid r worn y1 p Z2w D OADm0 O "Ma z N�DGA D o °m' c F �DOO pn �„ O 9 � =r z N. y 0 LA rn D NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -04-12 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 8th day of November, 2004. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW /4 NW /4 NW /4) OF SECTION THIRTY -THREE (33), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 33; THENCE N 900 00'00" E ALONG THE NORTH LINE OF SECTION 33 A DISTANCE OF 660.34 FEET; THENCE S 00° 10'56" W A DISTANCE OF 658.71 FEET; THENCE S 89° 59'20" W A DISTANCE OF 662.13 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 33; THENCE N 00° 20'15" E A DISTANCE OF 658.85 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT THE NORTH 50 FEET AND THE WEST 16.5 FEET THEREOF FOR ROAD RIGHT OF WAY AND..... LESS AND EXCEPT A TRACT OF LAND FOR ROAD RIGHT OF WAY MORE PARTICULARLY DESCRIBED AS FOLLOW: BEGINNING AT A POINT SIXTEEN AND FIFTY HUNDREDTHS (16.50) FEET SOUTH AND SIXTEEN AND FIFTY HUNDREDTHS (16.50) FEET EAST OF THE NORTHWEST CORNER OF SECTION THIRTY -THREE (33), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, THENCE EAST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 203.50 FEET; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 33.50 FEET; THENCE WEST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 145.00 FEET; THENCE SOUTHWESTERLY TO A POINT 50.00 FEET EAST OF THE WEST LINE OF SAID SECTION 33 AND 75.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 33; THENCE SOUTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE 350.00 FEET; THENCE WEST ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SECTION 33 A DISTANCE OF 33.5 FEET; THENCE NORTH ALONG A LINE PARALLEL TO THE WEST LINE OF SAID SECTION 33 A DISTANCE OF 408.50 FEET TO THE POINT OF BEGINNING. SAID TRACT BEING LOCATED IN THE COUNTY OF TULSA, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. The property is further described as located at the southeast comer of N. 129th E. Ave and E. 76h St. N., Owasso, OK. To be considered is a rezoning from AO (Agricultural 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 I 1 m day of October, 2004. Duane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OZ 04 -13 (WINCHESTER RIDGE) STAFF REPORT BACKGROUND The City of Owasso has received a request from Owasso Land Trust to rezone approximately 30 acres of property from its current designation of AG (Agricultural District) to RS -3 (Residential Single - Family District). The applicants are requesting the zoning change concurrently with OPUD 04 -04 (Winchester Ridge) so that they may develop the property in a residential manner. Current Zoning Designation: Proposed Zoning Designation: HEARING DATE Planning Commission, November 8, 2004 LOCATION AG (Agricultural District) RS -3 (Residential Single - Family District) The property is located south and west of the developing Remington Place II addition, more specifically % mile south of E. 116th St. N. on the east side of N. Garnett Rd. A general area map has been attached for your review. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Rural residential South: Rural residential East: Undeveloped, however planned as single family residential West: Large lot residential PRESENT ZONING AG (Agricultural District) SURROUNDING ZONING North: AG (Agricultural District) South: AG (Agricultural District) East: RS -3 (Residential Single Family District) / AG (Agricultural District) West: AG (Agricultural District) / RE (Residential Estates District) ZONIN G HISTORY October, 2004 — The property was annexed into the City of Owasso. Present— The applicant has concurrently requested the review and approval of a Planned Unit Development (PUD) for the property outlining the development in a residential manner. DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning, When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. REZONING REVIEW PROCESS The rezoning process is initiated when a property owner submits an application requesting a change in a property's zoning designation. The property owner must submit an application indicating the current zoning designation and defining the requested zoning designation. The application should be accompanied by the zoning fee, an accurate legal description and map showing the property as well as a certified 300' radius report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. While the staff is soliciting citizen input from the notification the application will receive an internal review. The internal review consists of answering three primary questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? Based on that criteria staff will formulate a recommendation for the request to forward to the Owasso Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the requested zoning change is appropriate and make a recommendation to forward to the Owasso City Council. The Owasso City Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the zoning designation is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the City Council making the change law. LEGAL CONSIDERATIONS OF A REZONING REVIEW The decision to rezone a particular property in the City of Owasso should be based on three fundamental questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. ZONING/DEVELOPMENT LIMITATIONS If the request is approved, the subject property would be zoned RS -3 (Residential Single Family District). According to the City of Owasso Zoning Code only single family dwelling uses would be allowed on the subject property by right. The developer's intentions to develop a residential subdivision are consistent with requested zoning designation. COMPREHENSIVE PLAN CONSISTENCY The requested zoning designation of RS -3 (Residential Single Family District) is compatible with the Owasso 2015 Land Use Master Plan as it calls for the property to be utilized in a residential manner. Owasso Land Trust is requesting to rezone approximately 30.00 acres of property to RS -3 (Residential Single Family District) in order to develop the property in a residential manner. The applicant has concurrently submitted a Planned Unit Development (PUD) for the property outlining the development as well in a residential manner. This request is consistent with the Owasso Land Use Master Plan as it calls for residential development on the subject property. The request is compatible with recent development trends in the area as it is adjacent and is planned to connect to the developing Remington Place II subdivision to the northeast. Remington Place is zoned RS -3 and developed as such. The subject property is accessible from N. Garnett Rd. The major arterial is planned for future expansion to a 5 lane roadway to accommodate expected increase in traffic volume. The corridor has already experienced development such as the one proposed with this zoning request in Bailey Ranch Estates and Sawgrass Park less than one mile to the south and Country Estates less than one mile to the north. The property is situated along the boundary line between City of Owasso water service district and Washington County Rural Water District #3. Details illustrating water service will be required during the platting stages. The property will be served sewer by the City of Owasso. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received no phone calls or correspondence from the public in regards to the request. Copies of both the letter to property owners and the legal advertisement are attached for your information and review. If the zoning and PUD request is approved, the land will still have to be platted in accordance with municipal regulations in order for development to occur. Stormwater detention will be required as will adequate infrastructure including water and sewer and all other requirements such as sidewalks, appropriate access and appropriate signage. If the Commission approves this application it will then require City Council approval. RECOMMENDATION Staff recommends approval of OZ 04 -13 to change the zoning designation of the subject property from AG (Agricultural District) to RS -3 (Residential Single - Family District). ATTACHMENTS 1. General Area Map 2. Rezoning Application 3. Legal Description and Exhibit 4. Legal Notice V Ig �. f�� I,o .1,I I-all I�- Owasso Community Development Department 11 I N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 1 —li- I 11.YX�T N 410 OZ 04- 13 /OPUD 04 -04 Owasso Land Trust 1/2 mi. S. of E. 116th St. N. on the E. side of N. Garnett Rd. A I oz 6q /3 CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 REZONING APPLICATION GENERAL LOCATION No rk'h Csa y vu.t-t' ci L l0 Si-1J PRESENT ZONING PRESENT U PROPOSED ZONING K S - 3 PROPOSED LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner Address or General Location of Subject Property )W4SSO YuS+ As applicant, what is your interest in this property? Name of person to be billed for publication Phone ®Present Owner ❑Agent for Owner O :p0e Lo,,%o<TYU s''- 2- 7 Z, -53 ❑Purchaser ❑Other g Address ❑Attorney for Owner MTIO. Ji?ax 2--�-10 Ou-V43Soi olG '7gOS5 SUBMITTED IS COMPLETE, THAT RUE AND ACCURATE I' ► \/1A 1 I T DATE Please submit the completed application form and application fee along with a Certified 300(0 -adius 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 20 + acres 200 APPROVED DENIED 3k Northwest Quarter of the Northwest Quarter of the Southwest Quarter (NW /4 NW /4 SW /4) of Section 8, Township 21 North, Range 14 East of the I. BEM., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; and East Half of the Northwest Quarter of the Southwest Quarter (E /2 NW /4 SW /4) of Section 8, Township 21 North, Range 14 East of the I.B.EM., Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof; NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ- 04- 13 /OPUD 04-04 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 8th day of November, 2004. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW /4 NW /4 SWA) OF SECTION 8, TOWNSHIP 21 NORTH RANGE 14 EAST OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; AND EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (E /2 NW /4 SWA) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; SAID PROPERTY CONTAINS APPROXIMATELY 30 ACRES, MORE OR LESS. The property is further described as located % mile north of E. 1061h St. N. on the east side of N. Garnett Rd., Owasso, OK. To be considered is a rezoning from AG (Agricultural District) to OPUD 04- 04/RS -3 (Residential Single - Family 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, I I1 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1543. Dated at Owasso, Oklahoma, this l Ph day of October, 2004. Duane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OZ 04 -14 (City of Owasso) STAFF REPORT As part of the North Garnett Road improvements, the City of Owasso is realigning the southern end of N. Garnett Rd.'s mile section between E. 96`h St. N. and N. 86`h St. N. To facilitate this realignment, the City has reached an agreement with the Oklahoma Department of Transportation (ODOT) for the conveyance of 11.61 acres from ODOT ownership to City ownership. Much of the Garnett realignment will take place within this eleven acres. The city will assume maintenance and other responsibilities of ownership upon the transfer of the property. One of the ownership responsibilities is that of land use. The recently adopted 2015 Land Use Masterplan designates the property for commercial use. Therefore, the City of Owasso is seeking to rezone 11.61 acres from their current designation of AG (Agricultural District) to CG (Commercial General District). Current Zoning Designation: Proposed Zoning Designation: HEARING DATE Planning Commission, November 8, 2004 LOCATION AG (Agricultural District) CG (Commercial General District) The properties are located at the northeast and northwest corners of E. 86`h St. N. and N. Garnett Rd. A general area map has been attached for your review. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Undeveloped South: Residential East: U.S. Hwy 169 West: Larry's Chicken restaurant PRESENT ZONING AG (Agricultural District) SURROUNDING ZONING North: CG (Commercial General District) South: RS -3 (Single - Family Residential District) East: U.S. Hwy 169 West: CG (Commercial General District) DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan: Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. The rezoning process is initiated when a property owner submits an application requesting a change in a property's zoning designation. The property owner must submit an application indicating the current zoning designation and defining the requested zoning designation. The application should be accompanied by the zoning fee, an accurate legal description and map showing the property as well as a certified 300' radius report. Upon receipt of a complete application the staff will begin the review process by providing legal notice through the placement of an advertisement of the application in the newspaper, sending notice letters to property owners within 300' of the subject property and posting a sign on the property at the point closest to a public road. As staff is soliciting citizen input from the notification the application will receive an internal review. The internal review consists of answering three primary questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? Based on that criteria staff will formulate a recommendation for the request to forward to the Owasso Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the requested zoning change is appropriate and make a recommendation to forward to the Owasso City Council. The Owasso City Council will make the final determination whether or not to rezone the subject property to the requested classification or a less intense classification. If the zoning designation is changed by the City Council an ordinance officially declaring the rezoning of the property is written and adopted by the City Council making the change law. LEGAL CONSIDERATIONS OF A REZONING REVIEW The decision to rezone a particular property in the City of Owasso should be based on three fundamental questions: 1. Is the requested zoning designation consistent with the Owasso 2015 Land Use Comprehensive Plan? 2. Is the requested zoning designation the highest and best land use classification for the subject property? 3. Is the proposed zoning designation consistent with surrounding development? It is important to note that particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. ZONING/DEVELOPMENT LIMITATIONS If the application is approved, the subject property would be zoned CG (Commercial General District). According to the City of Owasso Zoning Code a multitude of uses would be allowed on the subject property including retail shopping, bakery, offices and salons. The uses allowed in the proposed zoning category are compatible with the surrounding uses and zoning categories. COMPREHENSIVE PLAN CONSISTENCY The requested zoning designation of CG (Commercial General District) is consistent with the Owasso 2015 Land Use Master Plan and consistent with the development trends in the surrounding area. ANALYSIS The City of Owasso is seeking to rezone two parcels of property around the realignment of N. Garnett Rd. on the north side of the intersection with E. 861' St. N. to a zoning designation of CG (Commercial General District). The request is consistent with the Owasso Land Use Master Plan as the parcels are located in a high traffic area identified for commercial development. The requested designation is compatible with surrounding property as parcels to the east and north are zoned CG (Commercial General District) as well. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. Staff has received no phone calls or correspondence from the public in regard to the request. A copy of the legal notice is attached for your information and review. If the zoning request is approved, the land will still have to be platted in accordance with municipal regulations in order for any future development to occur. Significant development would be subject to a site plan review, and the proposed development would have to meet the City's requirements. If the Commission approves this application it will then require City Council approval. RECOMMENDATION Staff recommends approval of OZ 04 -14 to change the zoning designation of the subject property from AG (Agricultural District) to CG (Commercial General District). ATTACHMENTS 1. General Area Map 2. Rezoning Application 3. Legal Description and Exhibit 4. Legal Notice ti Ej 1. I LLI �� 5T n /i L % i Lij (.il `✓3 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com 9 rc Ee 86th St. N OZ 04 -14 SE c. of E. 76th St. N. and N. 129th E. Ave. acme. It. sow E oz -Cy -i�I CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 2724997 REZONING APPLICATION GENERAL LOCATION NE corner of Garnett and 86th Street PRESENTZONING AG Agricultural PRESENT USE Highway right of way PROPOSEDZONING CG Commercial PROPOSEDUSE Cnmmarnial LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner Address or General Location of Subject Property Dept. of Transportation NE corner of Garnett and 86th Street As applicant, what is your interest in this property? Name of person to be billed for publication Phone ❑Present Owner ❑Agent for Owner ®Purchaser ❑Other Mailing Address p S40 ❑Attomey for Owner l I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN I SIGNA DATE SUBMITTED IS COMPLETE, TRUE AND ACCURATE t r9 �'� �( l 2% 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. SUBMITTAL DATE FEE RECEIPT NUMBER Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5 -19.99 acres 150 20 + acres frt1 OPC MEETING DATE APPROVED DENIED 't'ttisa uounry L;terc - ae uA ntt,aviv FAWAspt 04119242 454878 10/01/04 14:58:36 IIIIIA IWI11111IIWIIIIIIIN IIIII���IIIIII �IIIIIiIIII1111 rw 15.00 z000754678000 F- 521(6) City of Owasso Part of Parcel 48 Attn: Juliann Stevens Tulsa County PO Box 180 Owasso, Oklahoma 74055 QUITCLAIM DEED THIS INDENTURE, made this 20th day of September, 2004, A.D., between the State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part,. WITNESSETH: That said party of the first part, in consideration of the sum of One and Noll 00 Dollars ($1.00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, bargain, sell and convey unto the City of Owasso, a municipal corporation, parry of the second part, all its rights, title, interest, estate, and every claim and demand, both at law and in equity, in and to all the following described property, to -wit: A strip, piece or parcel of land lying in part of the SE' /. of Section 19, T21 N, ' R14E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: Beginning at a point on the South line of said SE' /, a distance of 330.00 feet West of the SE comerof said SE' /,, thence West along the South line of said SE' /. a distance of 575.70 feet, thence N 01 015'27" W a distance of 50.00 feet, thence N 88 04233" E a distance of 70.95 feet, thence N 4102233" E a distance of 264.21 feet, thence N 80 052'33" E a distance of 294.70 feet, thence N 22056133" E a distance of 608.50 feet, thence N 01 °12'48" E a distance of 1800.03 feet to a point on the North line of said SE' /., thence East along said North Ilne a distance of 115.58 feet to the NE comer of said SEX, thence South along the East line of said SE' /. a distance of 1823.17 feet, thence S 26010'53"W a distance of 397.57 feet, thence S 23 016'31" W a distance of 145.41 feet, thence West along a line parallel to the South line of said SE' /. a distance of 88.95 feet, thence South along a line parallel to the East line of said SE% a distance of 330.00 feet to the point of beginning. Containing 8.77 acres, more or less. Grantor, reserves and excepts unto Itself, its successors and assigns ALL PREVIOUSLY ACQUIRED RIGHTS OF ACCESS from said 8.77 acres, more or less to the lands or right -of -ways covered by the abutting U.S. Highway No. 169 Limited Access Highway facility. IN ADDITION to the limitations stated above, there is specifically excepted and reserved the rights of continued access to the local access road and to said property by both the abutting and non - abutting landowners; and the continuing rights of any existing utility easements, licenses or permits which may presently be occupying said lands. TO HAVE AND TO HOLD the above described premises unto the said party of the second part, its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in Its name and /or on its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof; but it and everyone of them shall by these presents be excluded and forever barred, subject to the limitations, reservations and exceptions set out above. The intent of this instrument is to convey under Title 69 Oklahoma Statutes (2001), Section 501(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right, title and Interest, as a direct result of the formal removal of the old U.S. Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 5 and formally approved by the Oklahoma Transportation Commission on January.3,1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the said year first above written. APPROVED AS TO FORM STATE OF OKLAHOMA, ex rel., AND LEGALITY DEPARTMENT OF TRANSPORTATION I rt Harms Chief, Right -of -Way Division State of Oklahoma ) ) ss. Oklahoma County ) Before me, w tL K. A0— in and for this state, on this 2d day of lei , 2004, personally appeared Kurt Harms, to me known to be the Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, and the Identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, as his free and voluntary act and deed, and as the free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, for the uses and purposes therein set forth. Witness my hand and seal the' day and year above written. My.Commission Expires: C�IWA- u -fb_Q1 - Notary — Public r Mailing Address: City of Owasso "'nirn r•n "' Public Works Department 301 West 2n1 Avenue Owasso, OK 74055 s Tulsa County Clerk - EARLENE WILSON 04119241 ?9° 2 x�t # 754678 10/01/04 14:56:32;, IIIIW IIW OW VIII WII NIa W1I0IIl I1�iI1W 11dI I1�U II91W p0° 15.00 1. A000754878003A - City of Owasso Attn: Juliann Stcvens PO Box I80 Owasso, Oklahoma 74055 QUITCLAIM DEED F- 521(6) 'Part of Parcel 47 Tulsa County THIS INDENTURE, made this 20th day of September, 2004, A.D., between the �1 State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part, WITNESSETH: That said party of the first part, in consideration of the sum of One and No /100 Dollars ($1.00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, bargain, sell and convey unto the City of Owasso, a municipal corporation, party of the second part, all its rights, title, interest, estate, and every claim and demand, both at law and in equity, In and to all the following described property, to -wit: A strip, piece or parcel of land lying in part of the SE' /, of Section 19, T21 N, R14E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: Beginning at a point an the South line of said SE' /, a distance of 330.00 feet West of the SE comer of said SEY., thence North along a line parallel to the East line of said SE% a distance of 330.00 feet, thence East along a line parallel to the South line of said SE' /. a distance of 88.95 feet, thence S 13 029'12" W a :distance of 341.24 feet to the point of beginning. Containing 0.33 acres, more or less. Grantor, reserves and excepts unto itself, its successors and assigns ALL PREVIOUSLY ACQUIRED RIGHTS OF ACCESS from said 0.33 acres, more or less to the lands or right -of -ways covered by the abutting U.S. Highway No. 169 Limited Access Highway facility. IN ADDITION to the limitations stated above, there is specifically excepted and reserved the rights of continued access to the local access road and to said property by both the abutting and non- abutting landowners; and the continuing rights of any existing utility easements, licenses or permits which may presently be occupying said lands. TO HAVE AND TO HOLD the above described premises unto the said party of the second part, its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in its name and /or on its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof, but it and everyone of them shall by these presents be excluded and forever barred, subjectto the limitations, reservations and exceptions set out above. The intent of this instrument is to convey underTitle 69 Oklahoma Statutes (2001), Section 601(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right, title and interest, as a direct result of the formal removal of the old U.S. Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 6 and formally approved by the Oklahoma Transportation Commission on January 3, 1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the said year first above written. APPROVED AS TO FORM AND LEGALITY �/ JaZtw PL . �f STATE OF OKLAHOMA, ex rel.; DEPARTMENT OF TRANSPORTATION V Kdrt Harms Chief, Right -of -Way Division State of Oklahoma ) ss. Oklahoma County ) efore me, Q=§ %( QTM O in and for this state, on this _ day of , 2004, personally appeared Kurt Harms, to me known to be the Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, and the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, as his free and voluntary act and deed, and as the free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, for the uses and purposes therein set forth. Witness my hand and seal the day and year above wriit/ttt�en. Notary Public Mailing Address: City of Owasso Public Works Department 301 West 2n°Avenue Owasso, OK 74055 Tulsa County Clerk - E"J Ktvs wlLbu.v DO# 04119240 P90 2 Receipt# 754878 10/01/04 14:58:28' Fep 15.00 UM754878002* City of Owasso Attn: Adiann Stevens PO Box 180 Owasso, Oklahoma 74055 QUITCLAIM DEED F- 521(6) Part of Parcel 43 Tulsa County THIS INDENTURE, made this 20th day of September, 2004, A.D., between the {1 State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part, WITNESSETH: That said party of the first part, in consideration of the sum of One and No /100 Dollars ($1.00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, bargain, sell and convey unto the City of Owasso, a municipal corporation, party of the second part, all its rights, title, Interest, estate, and every claim and demand, both at law and In equity, in and to all the following described property, to -wit: A strip, piece or parcel of land lying in part of the SWV4 SW'% of Section 20, T21N, R14E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: Beginning at the NW comerof said SWY. SW' /., thence East along the North line of said SWV4 SWV4 a distance of 185.00 feet, thence S 19 005'33" W a distance of 533.25 feet to a point on the West line of said SWY4 SWY4, thence North along said West line a distance of 504.03 feet to the point of beginning. Containing 1.07 acres, more or less. Grantor, reserves and excepts unto itself, its successors and assigns ALL PREVIOUSLY ACQUIRED RIGHTS OF ACCESS from said 1.07 acres, more or less to the lands or right -of -ways covered by the abutting U.S. Highway No. 169 Limited Access Highway facility. IN ADDITION to the limitations stated above, there is specifically excepted and reserved the rights of continued access to the local access road and to said property by both the abutting and non - abutting landowners; and the continuing rights of any existing utility easements, licenses or permits which may presently be occupying said lands. TO HAVE AND TO HOLD the above described premises unto the said party of the second part, Its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in its name and /or on its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof; but it and everyone of them shall by these presents be excluded and foreverbarred, subjectto the limitations, reservations and exceptions set out above. The intent of this instrument is to convey under-Title 69 Oklahoma Statutes (2001), Section 501(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right, title and interest, as a direct result of the formal removal of the old U.S. Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 5 and formally approved by the Oklahoma Transportation .Commission on January 3, 1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the said year first above written. APPROVED AS TO FORM AND LEGALITY Mitt" e &-fl STATE OF OKLAHOMA, ex rel., DEPARTMENT OF TRANSPORTATION K ri Harms aChief, Right -of -Way Division State of Oklahoma ) ) ss. Oklahoma County ) Before me, 4Q& L — In and for this state, on this 04 . -day of _ c�Dh'rnf2k 2004, personally appeared Kurt Harms, to me known to be the Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, and the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, as his free and voluntary act and deed, and as the free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, for the uses and purposes therein set forth. f.7;t and seal the day and year above written. Aud 114th4p) Notary Public Mailing Address: City of Owasso Public Works Department 301 West 21 Avenue Owasso, OK 74055 Tulsa County Clerk - EARLENE WILSON D.# 04119239 P9' 2 R..ipt• 754878 10/01/04 14:58:24...' IIIIWWIIWI/ 11uutl1181IIIIIWt1WIWI1WIW1111�II� Fm 15.00 10087548780019 City of Owasso Attn: Juliann Stevens PO Box 180 Owasso, Oklahoma 74055 QUITCLAIM DEED..• F- 521(6) Part of Parcel 49 Tulsa County THIS INDENTURE, made this 20th day of September, 2004, A.D., between the State of Oklahoma, ex rel., Oklahoma Department of Transportation, party of the first part, and the City of Owasso, a municipal corporation, party of the second part, WITNESSETH: That said party of the first part, in consideration of the sum of One and Nof1o0 Dollars ($1.00) and other valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, except for and subject to any existing utility easements, licenses or permits and subject to the reservations and exceptions made hereinafter, does hereby quitclaim, grant, ,bargain, sell and convey unto the City of Owasso, a municipal corporation, party of the second part; all its rights, title, interest, estate, and every claim and demand, both at law and in equity, in and to all the following described property, to -wit: A strip, piece or parcel of land lying in part of the NE' /, of Section 19, T21 N, R14E in Tulsa County, Oklahoma. Said parcel of land being described by metes and bounds as follows: Beginning at the SE comer of said NE%, thence West along the South line of said NE' /, a distance of 115.58 feet, thence N 01007'46"W a distance of 470.46 feet, thence S 89 056'00" E a distance of 115.00 feet to a point on the East line of said NE %, thence South along said East line a distance of 469.50 feet to the point of beginning. Containing 1.24 acres, more or less. Grantor, reserves and excepts unto Itself, its successors and assigns ALL PREVIOUSLY ACQUIRED RIGHTS OF ACCESS from said 1.24 acres, more or less to the lands or right -of -ways covered by the abutting U.S. Highway No. 169 Limited Access Highway facility. IN ADDITION to the limitations stated above, there is specifically excepted and reserved the rights of continued access to the local access road and to said property by both the abutting and non - abutting landowners; and the continuing rights of any existing utility easements, licenses or permits which may presently be occupying said lands. TO HAVE AND TO HOLD the above described premises unto the said party of the second part, its successors and assigns, forever, so that neither it, the said State of Oklahoma, ex rel., the Department of Transportation, nor any person or entity in its name and /or on its behalf, shall or will hereafter claim or demand any right or title to the said premises or any part thereof; but it and everyone of them shall by these presents be excluded and foreverbarred, subjectto the limitations, reservations and exceptions set out above. The intent of this instrument is to convey under Title 69 Oklahoma Statutes (2001), Section 501(C), any and all of the State of Oklahoma, ex rel., the Department of Transportation's right; title and Interest, as a direct result of the formal removal of the old U.S. Highway No. 169 (Garnett Road) from the State Highway System by Transportation Commission Agenda Item 5 and formally approved by the Oklahoma Transportation Commission on January 3, 1989. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand the said year first above written. APPROVED AS TO FORM AND, LEGALITY p Ad/— STATE OF OKLAHOMA, ex rel., DEPARTMENT OF TRANSPORTATION 6/Z Harms Chief, Right -of -Way Division IbA s State of Oklahoma ss. ' Oklahoma County ) Before me, apjm& K QQriW In and for this state, on this pia L'k day Of 1p mhm 2004, personally appeared Kurt Harms, to me known to b to he Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, and the identical person(s) who executed the within and foregoing instrument, and acknowledged to me that he executed the same in his capacity as Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, as his free and voluntary act and deed, and as the free and voluntary act and deed as such Chief, Right -of -Way Division, State of Oklahoma, ex rel., Oklahoma Department of Transportation, for the uses and purposes therein set forth. Witness my hand and seal the day and year above written. My Commission Expires: a K. 00A0 �l lt - 0.7 " "'° • •:.' Notary Public My Corii ssipp No, s = Mailing Address: City of Owasso Public Works Department 301 West 2'Avenue Owasso, OK 74055 , it NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -04-14 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 8th day of November, 2004. At that time and place, consideration will be given to the proposed change of the zoning classification of approximately 11.61 acres of property located in the northwest comer of U.S. Hwy 169 and E. 86" St. N., Owasso, OK. To be considered is a rezoning from AG (Agricultural District) to CG (Commercial General 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, I 1 I N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376 -1543. at Owasso, O m%this 1 Ids day of October, 2004. one Cuthbertso�t7 City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT OPUD 04 -04 (WINCHESTER RIDGE) STAFF REPORT The City of Owasso has received a request from Owasso Land Trust for the review and approval of a Planned Unit Development. The PUD provides an outline for the residential development of approximately 30 acres of property. The property would be developed with single family homes in accordance with an RS -3 (Residential Single - Family District) underlying zoning designation. In conjunction with OPUD 04 -04 the applicant has submitted OZ 04 -13, a request to rezone the property to RS -3 (Residential Single Family District), to be utilized as the underlying zoning designation. PRESENT ZONING: AG REQUESTED ZONING: PUD / RS -3 HEARING DATE PIanning Commission, November 8, 2004 LOCATION The subject property is located '/� mile south of E. 116° St. N. on the east side of N. Garnett Rd.; south and west of the developing Remington Place additions. An area map is attached for your review. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Rural residential South: Rural residential East: Undeveloped, this property is planned for residential development West: Large -lot residential, Meadowcrest addition PRESENT ZONING AG (Agricultural District) SURROUNDING ZONING North: AG (Agricultural District) - Tulsa County South: AG (Agricultural District) - Tulsa County East: RS -3 (Residential District) West: AG (Agricultural District) - Tulsa County/RE (Residential Estates District) The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning - Commission. - Sometimes - difficult development - issues -such as- existing - utility lines,- wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. PUD REVIEW PROCESS The PUD review process is initiated when a property owner submits an application for a Planned Unit Development. First, an application for a PUD is filed with the Planning Commission. The application is accompanied by a fee in accordance with the established fee schedule. Such fee does not include advertising and sign costs that are billed to the applicant. Upon receipt of all appropriate materials the staff initiates the review process when begins with a thorough analysis of the proposal. The primary consideration is the proposals compliance with the Owasso Zoning Code, specifically Chapter 8. The PUD is then presented to the Owasso Technical Advisory Committee, when utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff make a recommendation to the Owasso Planning Commission. The Owasso Planning Commission reviews the PUD proposal to determine if the proposal is compliant- With - the Owa §so Zonirig Code-and forwaids a recomineridation to the- Owas §o City Council. The Planning Commission may make a recommendation to approve the proposal with conditions. If so, the conditions must be met before the application is forwarded to Council unless the applicant disputes a condition, then the council will make the final determination. The Owasso City Council will make a final determination as to whether the PUD proposal is complaint with the Owasso Zoning Code and consistent with development plans for the City of Owasso. If the Council approves the PUD an ordinance officially declaring the zoning change to PUD is written and adopted by the City Council. CONCEPT OF A PUD The concept of a Planned Unit Development is to provide a creative alternative to conventional development where a particular tract is under common ownership or control and where a detailed development plan, outlining the development of the tract as a unit is proposed and submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance in accordance with a complete and coordinated plan of development for a larger parcel, rather than piecemeal individual changes using the variance process. The supplemental zoning district PUD must be approved by the City Council as a prerequisite to the Planned Unit Development. ANALYSIS The Zoning Code identifies that the Planning Commission shall conduct a public hearing and shall determine: (1) Whether the PUD is consistent with the Comprehensive Plan; (2) Whether the PUD is in harmony with the existing and expected development of surrounding areas; (3) Whether the PUD is a unified treatment of the development possibilities of the project site; (4) Whether the PUD is consistent with the stated purpose and standards of the PUD Ordinance: a. Permit innovative land development while maintaining appropriate limitation on the character and intensity of use assuring compatibility with adjoining and proximate properties; b. Permit flexibility within the development to best utilize the unique physical features of the particular site; c. Provide and preserve meaningful open space; d. Achieve a continuity of function and design within the development. Particular site details such as drainage, streets, and utilities are appropriately discussed during the development review phases (plat and site plan) and not during a rezoning hearing. During a public review a decision on zoning changes must be based on one fundamental question: does the requested zoning allow a land use that is appropriate for the subject property? COMPREHENSIVE PLAN CONSISTENCY The Owasso 2015 Master Plan identifies the subject property as having a fixture land use of residential. The Planned Unit Development proposes only residential single family development; therefore this request is consistent with the Owasso 2015 Land Use Master Plan. HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT Winchester Ridge represents a trending housing market in the City of Owasso. The proposal would allow for garden homes in a cohesive neighborhood setting that would supplement the City's current housing stock and provide further opportunities for home ownership. In lieu of another commercial development along the N. Garnett Rd. corridor, the proposal would provide for a consistent and well - designed subdivision that staff is certain would prove to be an aesthetically pleasing addition to the City of Owasso. Residential developments such as that proposed in the Planned Unit Development have successfully integrated into various sectors in Owasso. The proposed development will connect to a compatible residential development, Remington Place to the northeast, while the property to the east is being planned residential as well. The property lies along the east side of North Garnett Road; a main north/south arterial roadway in Owasso. Other compatible residential developments can be found along this roadway a mile to the north and south. Those developments have worked well and have created no objectionable issues in the area The surrounding area is rapidly developing and the pace at which it develops is increasing. The Smith Farm Marketplace shopping center is currently under construction just one and a half miles to the south on N. Garnett Rd. This development will most likely accelerate the growth of Owasso and quite possibly have a tremendous impact on the N. Garnett Rd. corridor. In addition to the planned commercial development, a full service hospital has been planned for E. 106a St. N. less than a quarter of a mile from N. Garnett Rd. As this sector of Owasso grows, development pressure will increase for the surrounding properties immediately to the north and south. The requested PUD, Winchester Ridge, is compatible with the developing trends in Owasso and will fill a residential need that seems to be rapidly growing. UNIFIED TREATMENT OF THE PUD DEVELOPMENT POSSIBILITIES The applicant has effectively utilized the site, its existing features and thoughtfully arranged the site within the PUD. A property owners' association is proposed and at the platting stage of the development, detailed covenants and restrictions incorporating all conditions of the PUD shall be submitted. The applicant has identified the terrain of the area as relatively flat with some gently rolling terrain. The existing soils on the site would appear to create no unusual development problems that are not typically encountered in-development in and around the City of Owasso.- — — - PLANNING AND SITE ENGINEERING While the applicants have provided for an onsite detention pond and ample open space to accommodate detention and drainage needs; a detailed drainage report and certification of such document by an engineer will be required at the time of platting. The internal street layout appears to be of a logical and sensible pattern; providing for good connectivity. The development proposes its primary access from N. Garnett Rd. to the west while keeping open the options for connecting to future development with stubbed streets to the northeast and southeast. Sidewalks throughout the subdivision will be required during the development phases. The lot layout that is proposed within the PUD conceptual development plan is solid and would appear to meet the requirements of the Owasso Subdivision Regulations. The requested development standards in the PUD are all within the requirements of the Owasso Zoning Code and allowable according to Chapter 8, Planned Unit Developments. LEGAL PLANNING CONSIDERATIONS OF PUDS ALLOWED BY CODE: USES PERMITTED — The Owasso Zoning Code would enable the PUD to include all uses allowed in the underlying zoning category, by right or special exception, which at this point is requested as RS -3 (Residential Single Family District). This includes single family dwellings, duplex dwellings, and community services and cultural and recreational facilities. The applicant requests only single family dwelling units to be included in the Planned Unit Development. BULK AND AREA REQUIREMENTS — As stated earlier, the applicant requests an RS -3 Single Family Residential District designation for the property. The Planned Unit Development allocates 30.00 acres for single family residential units and according to the provisions in PUD section of the zoning code the property would be able to accommodate up to 155 dwelling units. The applicant is requesting a maximum 140 dwelling units. The Owasso Zoning Code allows residential development within a PUD a minimum of 800 ft2 lot size while the applicant requests a minimum of 5,000 ft. The PUD section of the Owasso Zoning Code requires a minimum of 20' lot width compared to the applicants request to provide 50' lot widths. BUILDING HEIGHT AND YARDS — The PUD section of the zoning code enables the Planning Commission to prescribe responsible building height limitations. The applicant is requesting a maximum of 2 stories. The code requires a minimum front yard setback of 25' from all non - arterials while the applicant is requesting a20 setback. The requested setback is consistent with those approved in recent residential developments throughout the City. SCREENING AND LANDSCAPING REQUIREMENTS — The Planning Commission shall prescribe perimeter requirements for screening and landscaping as are necessary to assure compatibility with adjoining and proximate properties. The proposed use of the property is residential; there are no screening requirements for residential developments unless deemed necessary by the Planning Commission. The Owasso Technical Advisory Committee reviewed the OPUD -04 -04 proposal at the October 27, 2004 regular meeting. All comments received at that meeting are incorporated into the conditions listed below. Staff has received no phone calls in opposition of the request. Staff recommends approval of OPUD -04 -04 subject to the following conditions: 1. That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code; 2. That unless specifically set out in the standards and conditions of this PUD, all single - family lots shall meet the requirements of a typical RS -3 district; 3. That prior to the issuance of building permits, the applicant is subject to the platting requirements of the City of Owasso and all subsequent conditions imposed by the Owasso Technical Advisory Committee; 4. That no building permits be issued within any portion of the PUD until the developer meets all criteria outlined within Chapter 8 of the Owasso Subdivision Regulations; 5. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary; 6. That a detailed drainage report certified by a registered engineer be submitted at the time of platting; 7. Sidewalks will be required along all public roadways abutting or within the property; 8. That all entrance landscaping and/or monuments are reviewed and approved by the Planning Commission; 9. The Planning Commission reserves the right to prescribe additional buffering, screening and setbacks during the platting process; 10. Show sideyard setback plan on the subdivision plat. ATTACHMENTS 1. General Area Map 2. OPUD -04 -04 Application 3. OPUD -04 -04 Outline Development Plan 4. Legal Notice 17 I - - -- ------- I as N. ISubject Propert3q Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com VVI OZ 04-13/OPUD 04-04 N Owasso Land Trust W E 11001 Block of N. Garnett Rd. S 0.1a W. 2004 GENERAL INFORMATION: GENERAL LOCA OPUD ) -- CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 PLANNED UNIT DEVELOPEMNT 0r-tt1 Cj-c, r11L* 4 1(0 Sr iN APPLICATION PRESENT ZONING AG— PRESENT USE VCiCc3y t 10Y4 NO. OF UNITS 1 t-1 D ACRES 3 D 4- LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) Name and Address of Record Owner Name of person to be billed for publication Phone 'Vu I~Le Ocvu L� Z72.—S334 As applicant, what is your interest in this property? 141p ' Ac�ress ®Present Owner nAgentforOwner D box 2-q0 QPurchaser QOther [:]Attorney for Owner -7gO5S I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN I S NA ^ DATE SUBMITTED IS COMPLETE, TRUE AND ACCURATE i,,I " 1 k A L & . _ 1 MA-)6y Please submit the completed application form and application fee along with a Certified 30V 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 Rezoning will be reviewed. Fee Schedule Submittal Requirements 0- 0.99 acres $75 Topographic Map 1- 4.99 acres 100 Outline Development Plan 5 -19.99 acres 150 Outline Development Test 20 + acres 200 300' Radius Report TAC MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER OPC MEETING DAI ZONING DISTRICT_ APPROVED DENIED Submission for: PLANNED UNIT DEVELOPMENT WBVCIfESTERRIDGE a proposed Addition to the City of Owasso, Tulsa County, State of Oklahoma (In part of the Southwest Quarter of Section 8, Township 21 North, Range 14 East) Submitted to: CITY OF OWASSO, OKLAHOMA Prepared by: CHARNEY & BUSS, P.C. P.O. Box 240 Owasso, Oklahoma 74055 (918) 272 -5338 September 30, 2004 TABLE OF CONTENTS Development Concept ........................................ ............................... 3 Statistical Summary ........................................... ............................... 4 Development Standards - Garden Homes .................. ............................... 5 Property Owners' Association ............................... ............................... 6 Platting Requirements ........................................ ............................... 7 SitePlan Review ............................................... ............................... 7 Expected Schedule of Development ........................ ............................... 7 Maps: Site Analysis Underlying Zoning 2 DEVELOPMENT CONCEPT Winchester Ridge is a proposed planned unit development (PUD) comprised of 30 + acres in northern Owasso, Oklahoma. The property is located on the east side of Garnett between 106th Street North and 116th Street North. The site is characterized by relatively flat to slightly rolling terrain. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent development possibilities. Winchester Ridge is a residential, "garden- home" type development that will feature low maintenance yards and a small, secure neighborhood feeling. Many prospective residents in today's marketplace desire smaller, well- maintained yards along with cute homes on smaller lots. This neighborhood will also contain a "pocket - park(s)" that is available for general neighborhood use as a green area for residents. This development concept will allow that type of home to be developed in a manner that is consistent and well - designed. 3 STATISTICAL SUMMARY Project Area + 30 gross acres ➢ Residential + 30 gross acres Maximum Dwelling Units Requested: 140 dwelling units DEVELOPMENT AREAS RESIDENTIAL: Single- Family Detached ( "Garden Homes ") ➢ Total Area: + 30 gross acres ➢ Requested Number of Dwelling Units: 140 N DEVELOPMENT STANDARDS Single- Family Detached Homesites: Garden Homes Single- family detached structures intended for individual lot ownership. ➢ Permitted Uses • Minimum Lot Size • Maximum Building Height • Minimum Front Yard if Abutting Public Street • Corner Lot Minimum Side Yard Abutting Public /Private Street • Minimum Lot Frontage" • Minimum Lot Depth • Minimum Rear Yard • Minimum Side Yard As permitted within RS -3 District, By right or special exception 5,000 sq. ft. 2 stories 20ft. 10* ft. 50 ft. 100 ft. 15 ft. 5/5 ft. or 0 /10 ft. Only front - facing garages shall be permitted within the Addition. No garage openings will be permitted which face a 10 foot building setback. Cul -de -sac and pie shaped lots may have less than minimum frontage measured at building lines. Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council - pursuant to their review. 9 PROPERTY OWNERS' ASSOCIATION The Property Owners' Association to be established at Winchester Ridge will have as its main objectives, the maintenance of the detention area, landscaped entrances, and all other landscaped buffers and islands, if any. These areas are to be prepared by the developer and turned over to the Winchester Ridge Property Owners' Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner, the city of Owasso will have the right to maintain these areas and bill each member of the Winchester Ridge Property Owners' Association for that cost. Should payment by any member not occur, the city of Owasso and /or the Winchester Ridge Property Owners' Association may place a lien on the delinquent member's real property within the platted area. Final documents on the Property Owners' Association of Winchester Ridge will be filed in the future which will address rights and requirements for association members. M PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duty filed of record, provided, however, that development areas may be platted separately. Restrictive covenants shall be established which are not inconsistent with the terms hereof and where appropriate, the city of Owasso shall be made a beneficiary thereof. SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning commission as being in compliance with the PUD Development Concept and the Development Standards. Separate building plans may be submitted for individual home construction after the subdivision has been given final approval by the city of Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of Winchester Ridge is anticipated to commence upon approval and of zoning and platting. M Winchester Ridge — E- 1ST�1-- -. —. —_ 114th N C N 113th ST N N �P _ G wl F z o W � W Q C7. Z NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AN✓IENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ- 04- 13 /OPUD 04 -04 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 8th day of November, 2004. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (NW /4 NW /4 SW /4) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. &M., TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; AND EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER (E /2 NW /4 SW /4) OF SECTION 8, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF; SAID PROPERTY CONTAINS APPROJQMATELY 30 ACRES, MORE OR LESS The property is further described as located % mile north of E. 106`h St. N. on the east side of N. Garnett Rd., Owasso, OK. To be considered is a rezoning from AG (Agricultural District) to OPUD 04- 04/RS -3 (Residential Single - Family District). Ali 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 Owas '0 ahoma, this i l"' day of October, 2004. ::':)Duane Cuthbertson City Planner CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT Planned Unit Development Minor Amendment (OPUD —12 -A Bailey Ranch Estates) STAFF REPORT BACKGROUND The City of Owasso has received a request from Bailey Ranch Development Group for the review and approval of a minor amendment to OPUD -I2 -A (Bailey Ranch Estates). The subject Planned Unit Development was approved by the Owasso Planning Commission in August, 2000. During the review process of that Planned Unit Development, adjacent property owners to the north and east expressed concern about the development and cited the impact it would have on their existing rural character and stable property values. As a result of citizen input, the Planned Unit Development was modified to require 50' rear yard setbacks for all perimeter lots to the north and east of the proposed development and that those lots contain a dwelling unit with a floor area of no less than 2,200 ftz. The applicant now owns the adjacent property to the north and wishes to amend the Planned Unit Development to allow standards on the northern perimeter lots that are consistent with the remainder of the Planned Unit Development, specifically allowing rear yard setbacks of 20' and Floor Area minimum's of 1,700 ft. Requirements for the lots along the eastern perimeter are not proposed to be changed. LOCATION The subject property is located in the W/2 of Section 17 immediately east of Sawgrass Park at Bailey Ranch subdivision. The property is generally described as located in the southeast comer of N. Garnett Rd. and E. 10e St. N. A general area map is attached for your review. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Undeveloped South: Single - Family Residential East: Large Lot Residential West: Single - Family Residential OPUD — 12- A/RS -3 (Planned Unit Development Bailey Ranch Estates/Residential Single - Family District) The property located to the south and east are incorporated into Planned Unit Development OPUD — 12 -A. Sherrill Acres is located to the east and is zoned RE (Residential Estates District) while the property to the north is undeveloped and zoned AG (Agricultural District). DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A P relimin P lat is ir4 ired -f6t "an develo merit - that ro P oses to divide land into-two-or - -- - _ more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. PUD REVIEW PROCESS The PUD review process is initiated when a property owner submits an application for a Planned Unit Development. First, an application for a PUD is filed with the Planning Commission. The application is accompanied by a fee in accordance with the established fee schedule. Such fee does not include advertising and sign costs that are billed to the applicant. Upon receipt of all appropriate materials the staff initiates the review process that begins with a thorou h anal sis of the ro o §al -- -The rim - -- corisiderahori is -the g Y P P P az1' proposals— compliance with the Owasso Zoning Code, specifically Chapter 8. The PUD is then presented to the Owasso Technical Advisory Committee when utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff makes a recommendation to the Owasso Planning Commission, The Owasso Planning Commission reviews the PUD proposal to determine if the proposal is compliant with the Owasso Zoning Code and forwards a recommendation to the Owasso City Council. The Planning Commission may make a recommendation to approve the proposal with conditions. If so, the conditions must be met before the application is forwarded to Council unless the applicant disputes a condition, then the council will make the final determination. The City Council will either approve, approve with conditions, or deny the application. Included with this packet is a copy of OPUD -I2 -A. Specific to this request, found on page 7 in the Development Standards table are the requirements for 2,200 ft= `Floor Area Minimums' on the north and east perimeter lots as well as a provision to require that the north and east perimeter tots have a rear yard setback of at least 50'. ZONING REQUIREMENTS The subject property is zoned OPUD — 12- A/RS -3 (Planned Unit Development/Residential Single - Family District). According to the City of Owasso Zoning Code, a subdivision proposing single - family homesites such as that proposed in the Sawgrass Park II addition falls within Use Unit 6 (Single - Family Dwelling) and is permitted by right in the RS -3 zoning district. The proposal, if approved, would meet all other requirements as set forth in OPUD —12 -A and the City of Owasso Zoning Code. ANALYSIS The two additional development standards of OPUD 12 -A (50' setback and 2,200 ftz floor area minimum) were imposed on proposed northern and eastern perimeter lots of the subject property. They were enacted to protect the rural character and preserve property values on those adjacent properties. The additional standards resulted from agreements reached between the developer (Owasso Land Trust) and adjacent property owners. The applicants of the request (principals of Owasso Land Trust) now own 30 acres of property located immediately north and adjacent to the Planned Unit Development area. --------- - - - - -- This -30 acre tract was one of the parcels- for -which the additional standards - were- enacted-to protect. The southern boundary of the newly acquired 30 acres borders the entire northern boundary of the portion of OPUD — 12 -A that has yet to develop. The applicant has submitted a preliminary plat for this part of the PUD in the name of Sawgrass Park 1I. As the applicant is now the owner of both properties and intends to develop both with single family residential development there is no logical reason to impose the additional development standards for the northern perimeter lots of the OPUD 12 -A area. The request will modify the standards of these northern perimeter lots so that they match those of the remainder of the development. In an effort to keep OPUD — 12 -A consistent, there is one additional requirement imposed on perimeter lots to the north that should be considered for amendment. The PUD calls for - northern perimeter lots to average 70' in width. Again, this standard was enacted to protect properties to the north. As that protection is no longer necessary staff would recommend that this requirement be amended as well to the 65' standard imposed on interior lots. While there is no standard for building sizes in the City of Owasso, the recommended standards of a 20' rear building setback line and a 65' lot width are consistent with the Owasso Zoning Code requirements for the property's underlying zoning district of RS -3. If this request is approved the lots abutting properties to the east will still require a 50' rear yard setback, lot width's with an average of 70', and structures with a minimum floor area of 2,200 ft. Additionally this amendment will have no affect on the northern perimeter lots in the Sawgrass Park addition located along the eastern portion of the northern perimeter as all of those lots have been developed to the existing PUD standards. If this item is approved by the Planning Commission, City Council action is required RECOMMENDATION Staff recommends approval of the request to amend the development standards of OPUD- 12-A (Bailey Ranch Estates) with one additional amendment to allow for the following development standards on the northern perimeter lots of Sawgrass Park II: Minimum Rear Yard: 20 ft. Minimum Floor Area: 1,700 ft2 Minimum Lot Frontage: 65 ft. ATTACHMENTS 1. General Area Map 2. Letter of request for amendment 3. Preliminary Plat for Sawgrass Park H 4. OPUD —12 -A Outline Development Plan Subject dzvast s ° Lan,I � O Wasp� °peel roperty E 100th 5? N Owasso Community Minor Amendment N Development Main St.ment OPUD 12 -A 111 N. Main St. Owasso, OK 74055 W E 918.376.1500 Sawgrass Park II 918.376.1597 g www.cityofowasso.com s at Bailey Ranch «tro. za. zow I3AILE.Y KANCH INVE5TME.NT G}KOUP, L.L.C. P. 0.60X 24o 0WA550, 0K (9135 Vii' - --7315 October 6, 2004 Mr. Duane Cuthbertson City Planner City of Owasso Owasso, OK 74055 Re: OPUD 00- 12IpSawgrass Park Dear Mr. Cuthbertson: This letter shall serve as our formal request to seek a minor amendment to what has become known as the Sawgrass PUD (OPUD 00 -12)� We respectfully request that the following two stipulations contained in that PUD's text be deleted because the rationales for their original inclusion no longer exist. (1) The previous recommendation of a 50 foot setback line along the north boundary should be removed. (2) The previous recommendation of 2200 square foot minimum for houses on the north boundary should be removed. The original property owners to the north requested these stipulations. Since then, we have purchased their property; therefore, the reason for the original recommendation no Longer exists. In addition, the removal of these requirements would keep the second phase of Sawgrass consistent with our plan of development for our recently acquired land to the north. Upon the granting of this minor amendment, all lots along the northern boundary will be consistent with the remainder of the interior lots in the addition, which lots contain a 20 foot rear yard setback and a 1700 sq. ft. minimum size for the residence. Please note, however, that the above stipulations shall remain in full force and effect along the eastern boundary of the PUD that abuts the larger lots contained in Sherrill Acres. Thank you for your time and consideration in this matter. If you have any questions or comments, please call. Sincerely, BAILEY RANCH DEVELOPMENT GROUP, L.L.C. David E. 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L. T. Development, LLC P.O. Box 240 Owasso, OK 74055 (918) 272 -5338 UEN 11iZ v' • j5�" 1359 PREPARED BY: _ - -DLH Engineering, Inc. (OKCA1703 6130101) 8555 N. 117" E. Ave., Suite 204 Owasso, OK 74055 (918) 272 -7552 Fax: (918) 272 -9039 Email: dlhpeafullnet.net May 25, 2000 Rev. July 25,2000 Rev. August 4, 2000 TABLE OF CONTENTS DEVELOPMENT CONCEPT MASTER PLAN LEGAL DESCRIPTION STATISTICAL SUMMARY DEVELOPMENT STANDARDS PROPERTY OWNER'S ASSOCIATION SURROUNDING ZONING LOT DESIGN TOPOGRAPHY I 2 3 4 5 7 8 9 10 11 Development Concept Bailey Ranch Estates Planned Unit Development Amendment is comprised of 79.32 acres in Owasso. The property is located on the East side of old Hwy 169 one quarter mile north of 96' Street N. A PUD was previously approved on this tract, by the City of Owasso. Bailey Ranch Estates PUD Amendment is a low density single family community having common open space and a private park system. Bailey Ranch Estates PUD Amendment consists of 278 home sites that will blend, both architecturally and stylistically, with the surrounding area. The subdivision is characterized by gently to moderately rolling terrain with some mature trees. The subdivision is bordered by a rural subdivision on the East and large agricultural tracts along the North and South boundaries of the subdivision. Consequently, the subdivision will enjoy the permanent visual effect of a remote, secluded area. The subdivision will have one entrance from Garnett (Old Hwy 169). One existing entrance will have a 70 foot right of way to accommodate a landscaped center median and decorative entry walls. The new entrance will have approximately 50 foot right of way. 1) x F xo L W � iF�.�`J711 aA o ��00 ©0��0:: ■ooP� 000101�10�� ®�� 0 Ovgill ao�moll oI oil o �o 000 0�0 v 0 a� bow e�8a a e 5�sOe vyg w °si �►� 000 aiv r° oil ® vOOO10111�1�� IM OOOO ®oo��111 ® LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE N.W. 1/4 AND PART OF THE SW 1/4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE S.1/2, N.W. 1/4 OF SAID SECTION 17; THENCE SO1 °10'19 "E ALONG THE WEST LINE OF THE S 1/2, N.W. 1/4 OF SECTION 17 A DISTANCE OF 1145.08; THENCE N88 °49'41 "E A DISTANCE OF 190.00; THENCE NOI ° 10'19 "W A DISTANCE OF 15.00; THENCE N88'49'41 "E A DISTANCE OF 180.00'; THENCE SO1 010'19 "E A DISTANCE OF 9.19; THENCE S73 °25'02 "E A DISTANCE OF 398.26; THENCE S49 °22'05 "E ADISTANCE OF 219.77; THENCE S46 012'55 "E A DISTANCE OF 161.40; THENCE N78 °00'02 "E A DISTANCE OF 125.14; THENCE N40 018'03"E A DISTANCE OF 302.15'; THENCE S41 °07'38 "E A DISTANCE OF 27.90'; THENCE N85 025'21 "E A DISTANCE OF 203 .06; THENCE S02 °34'39 "E A DISTANCE OF 17.98; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 150.00', AN ARC LENGTH OF 41.28' AND A CHORD BEARING OF S05 018'23 "W, CHORD LENGTH OF 41.15'; THENCE S76 °48'32 "E A DISTANCE OF 157.28; THENCE S07 050121 "E A DISTANCE OF 41.87; THENCE N72 °30'06 "E A DISTANCE OF 376.99; THENCE N88 049'41 "E A DISTANCE OF 561.89; THENCE N01 ° 14'12 "W ALONG THE EAST LINE OF THE S I /2, N.W. 1/4 OF SECTION 17 A DISTANCE OF.1319.08' TO.THE N.E. CORNER S 1/2, N.W. 1/4; THENCE S88'43'1 8"W A DISTANCE OF 2646.18' TO THE "FONT OF BEGINNING ", CONTAINING 79.32 ACRES MORE OR LESS. m Statistical Summary Project Area Gross 79.32 acres Right of Way for Arterial Streets 17.63 acres Park Area 6.90 acres Development Area Net 54.79 acres Total Dwelling Units 278 Average Lot Size 8585 sq. ft. Minimum Floor Area North & East Perimeter Lots Remainder of Lots 2200 sq. ft. 1700 sq. ft. DENSITY PERMITTED BY R3 ZONING 8400 sf /du = (79.32 ac x 43560 sf / 8400) = 411 Dwelling Units OPEN SPACE CALCULATION Req'd Open Space = 4,000 per du Total Req'd 278 x 4,000 = 1,112,000 sq. ft. I CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT PRELIMINARY PLAT (THE RESERVE ON ELM CREEK) STAFF REPORT BACKGROUND The City of Owasso has received a request from the Dominion Corporation for the review and approval of The Reserve on Elm Creek Preliminary Plat. The Preliminary Plat proposes 74 lots (47 single family home lots and 27 duplex lots) in two blocks on 20 acres of property. The applicant wishes to plat the property so that they may eventually develop a residential subdivision comprised of single family homes and duplexes. The application was tabled at the October Planning Commission meeting to allow the applicant time to revise the Preliminary Plat based on Technical Advisory Committee comments. HEARING DATE Planning Commission, November 8, 2004 LOCATION The subject property is located at the northwest corner of E. 666' St. N. and N. 129x' E. Ave. EXISTING LAND USE Undeveloped SURROUNDING LAND USE The properties to the north, east, and west are utilized in a rural residential manner. A church surrounded by large lot residential is located to the south of the subject property. RS -3 (Residential Single Family District) and RD (Residential Duplex District) under the provisions of OPUD 04 -01. SURROUNDING ZONING Properties to the north, east, and west are zoned AG (Agricultural District) in Tulsa County. The property to the south is zoned AG -R (Agricultural- Residential District) in Tulsa County. ZONING HISTORY In May, 2004 the property was rezoned to OPUD 04 -01. The Planned Unit Development calls for residential development in the form of single family homes and duplex homes. A copy of the approved Planned Unit Development is attached for your review. DEVELOPMENT PROCESS The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. PRELINUNARY PLAT REVIEW PROCESS Upon receipt of all appropriate materials, the staff initiates the review process that begins with a thorough analysis of the proposal. The primary consideration is the proposed plat's compliance with the Owasso Zoning Code and Owasso Subdivision Regulations. The Preliminary Plat is then presented to the Owasso Technical Advisory Committee, at which time utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff make a recommendation to the Owasso Planning Commission. The Planning Commission, at a public hearing, shall approve, approve with modifications, continue to a date certain or disapprove the preliminary plat. ANALYSIS The applicant is requesting the review and approval of The Reserve on Elm Creek preliminary plat so that they may plat and eventually develop the property with single family houses and duplexes. The property is zoned OPUD 04-01 with an underlying zoning designation of RS -3 (Residential Single Family District) and RD (Residential Duplex District). The PUD designation outlines the development standards for the property in a residential manner consistent with the layout of the preliminary plat, unless specifically addressed in the Technical Advisory Committee comments. Again, the approved text of the PUD providing supplemental development standards for this proposed development is included in the packet. According to the preliminary plat, the developer proposes to divide the property into 74 lots on two (2) blocks. All of block 1 and lots 1 — 17 in block 2 are designated as single family home lots while lots 18 — 44 are designated for duplex development. According to OPUD 04 -01, the maximum number of dwelling units allowed on the subject property is 140 while the preliminary plat proposes 74 lots, 47 single family lots and 27 duplex lots; a potential for a maximum of 101 dwelling units. The approved PUD text allows for a minimum lot width of 50' and a minimum lot depth of 100'. The minimum allowable lot size according to the PUD text is 500082. Access into the development will be gained from N. 129' E. Ave and E. 66t` St. N. Proposed right -of -way's (R- O -W's) within the development are 50' wide as are the provisions for R -O -W's of adjacent arterials. Two streets within the proposed development will terminate at the property's edge in the form of a cul -de -sac and will not connect to the adjacent arterials. The applicant is also proposing 20' alley easements at the rear of the duplex lots. Any roadway within the alley easements will be private and therefore maintained by the developer or subsequent homeowner's association. All public roadways proposed within the development must be constructed by the developer to City standards including sidewalks. To address utility concerns, the proposed plat illustrates utility easements along the perimeter of the entire development site and throughout. Preliminary detention plans are to detain additional run -off in the `Detention Area' as shown in the northwest section of the plat. Plans for the drainage and detention of the water from the site must be submitted and approved by the City of Owasso before a building permit may be issued. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Residential water and sewer service will be provided by the City of Owasso. The property will be subject to all payback fees including Storm Siren fees of $16 per acre and the Elm Creek Sanitary Sewer Payback fee of $1580.00 per acre. The fees should be payable before the plat is filed. TECHNICAL ADVISORY COMMITTEE The Reserve on Elm Creek Preliminary Plat was originally reviewed by the Owasso Technical Advisory Committee at their regular meeting on September 29, 2004. Due to a minor change in the layout the preliminary plat was presented to the Technical Advisory Committee on October 27, 2004 as well. At those meetings, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The following comments were provided: 1. Community Development - Switch the names of Block 3 and 4; 2. Community Development - Label addresses on the lots as provided by the City Planner; 3. Community Development - Pay the Storm Siren fee of $16 per acre upon approval of the Final Plat; 4. Community Development - Pay the Elm Creek Sanitary Sewer fee of $1580 per acre upon approval of the Final Plat; 5. Community Development - Ensure that sidewalks are established along all public roadways within and along the perimeter of the development; 6. Community Development - Change the 20' front yard building line on the duplex lots (as shown Block 2, Lots 18 — 44) to 25' or apply to amend the PUD or request a variance to enable the desired standard; 7. Fire Marshal - Coordinate Fire Hydrant locations with the Fire Marshal; 8. AEPlCox - Insert additional utility easements as requested by the utility companies; RECOMMENDATION Staff is recommending approval of The Reserve on Elm Creek Preliminary Plat contingent upon the successful execution of the Technical Advisory Committee conditions. ATTACHEMENTS 1. General Area Map 2. Preliminary Plat Application 3. The Reserve on Elm Creek Preliminary Plat 4. The Reserve on Elm Creek Deed of Dedication 5. OPUD 04 -01 text 6 -�- Rp ..._ ..(Residential Duplex) not I� Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376 ' 1500 918.376.1597 www.cityofowasso.com Property 0 E. 66thIS Preliminary Plat The Reserve on Elm Creek NW corner of E. 66th St. N. and N. 129th E. Ave. N W E S Swt.n 21. zoos CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 PRELIMINARY PLAT APPLICATION PROPOSED SUBDIVISION NAME l /n s E2 C ✓ r« G r ,� (This certifies that the indicated name is the name which is intended to be used for filing of the Final Plat.) GENERAL LEGAL DESCRIPTION OF TRACT ' of C- /.Z GF SE /y y G/= S/Z c•P sf /t/ of 2'L- /�/ �f° JE=��[i Lfc T. 3z 7_; /`/•r DEVELOPER ENGINEER/ARCHITECT Xacsej ev�a ca.: c,�,: c •c ADDRESS O � % io; 3 L I -ss„ cl( 2 y ss ADDRESS AT- 3 Ga -r / fd ciw vra, oi< 9Ycf c- ' PHONE 2 ?)-1 -)7u FAX 2'?) -0199 PHONE 7Y9 -539 FAX is TRACT P Present Zoning P Present Use P Proposed Zoning P Proposed Use Please submit the completed application form and application fee ($50 plus $.50 per lot over 100 lots), along with the completed Preliminary Plat Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Preliminary Plats are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Preliminary Plat 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 Preliminary Plat will be reviewed. A n DEVELOPER SIGNATURE I'�M� DATE TAC MEETING DATE SUBMITTAL DATE FEE RECEIPT NUMBER OPC MEETING DATE ZONING DISTRICT APPROVED DENIED OLateX 140 v C v uy c c x /00 PRELIMINARY PLAT FOR THE REAS'ER VE ON ELM CREEK OPUD 04 -01 r;A�i UbLn 6i1f1S'Fi 1VUxir1 R 14 E F � -32 LOCATION MAP TOTAL LOTS 74 TOTAL ACRES = 20 LEGAL DESCRIPTION A subdivision containing a part of the East Half of the Southeast Quarter of Section 32, Township 21 North, Range 14 East of the I.H. &M. Tulsa County, State of Oklahoma. DEVELOPER DOMINION CORPORATION P.O. BOX 641 OWASSO, OKLAHOMA 74055 TEL: 918- 272 -0270 ENGINEER ROGERS ENGINEERING & CONSTRUCTION INC. RT 3 BOX 190 CHELSEA, OK 74016 TEL: 918 -789 -5039 SURVEYOR TIMOTHY L. KING, RPLS 35925 S. CASE ROAD INDIA, OKLAHOMA 74036 TEL: 918 -543 -1699 DATE: 10 -26 -04 Mw DATE: 10 -26 -04 THE RESERVE ON ELM CREEK STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) DEED OF DEDICATION Dominion Corporation, an Oklahoma corporation (the "Developer "), being the sole owner ofthe following described real estate situated in the City of Owasso, Oklahoma: A tract of land located in the E/2 of the SEA of Section 32, T -21 -N, R- 14-E ofthe Indian Meridian, Tulsa County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: The E/2 ofthe SEA ofthe SEA AND the S/2 ofthe SEA of the NEA of the SE /4 of Section 32; LESS AND EXCEPT Beginning at the Northeast comer ofthe S/2 ofthe SEA ofthe NE /4 of the SEA of Section 32; Thence S00 °10'35 "W along the Easterly line ofthe SE /4 of Section 32 a distance of 318.67 feet; Thence 87 °45'31" W a distance of 566.88 feet; Thence N 00 °10'35" E and parallel with the east line of the S/2 of the SEA of the NE /4 of the SE /4 of Section 32 a distance of296.46 feet to the Northerly line ofthe S/2 ofthe SEA ofthe NE /4 of the SEA of Section 32; Thence N 89 °59'49" E along the Northerly line ofthe S/2 ofthe SE /4 of the NE /4 of the SE /4 of Section 32 a distance of 566.52 feet to the `Point of Beginning "; ALSO LESS AND EXCEPT Commencing at the Southeast corner of Section 32:Thence N 009 0'35" E along the east line ofthe SE /4 ofSection 32 a distance of 827.00 feet to the "Point ofBegmning"; Thence 89 °49'25" Wand perpendicular to the east line of said SE /4 a distance of 326.40 feet; ThenceN 00 °10'35" E and parallel with the east line of said SE /4 a distance of 165.40 feet; Thence S 89 °49'25" E and perpendicularto the east line of said SEA a distance of 326.40 feetto the east line ofsaid SEA; Thence S 00 °10'35" W along the east line of said SE /4 a distance of 165.40 feet to the "Point of Beginning ". has caused the same to be engineered, surveyed, staked and platted into lots, blocks, streets and reserve areas in conformity to the accompanying plat and survey thereof, which plat is made a part hereof (the "Plat "), and has caused the same to be named The Reserve on Elm Creek, an Addition to the City of Owasso, Tulsa County, State of Oklahoma (the "Addition "). Public Streets and UtilityEasements. The Developer dedicates to the public, forpublic use 04 forever, the easements and rights -of -way as shown on the Plat for the several purposes of constructing, maintaining, operating, repairing and replacing any and all streets and public utilities including storm and sanitary sewer, communication lines, electric power lines, transformers, pedestals, gas and water lines, together with all fittings and equipment for each such facili ty and any other appurtenances thereto, with the right of ingress and egress to and upon said easements and rights -of -way for the uses and purposes thereof. 2. Underground and Electric and Communication Service. In connection with the installation of underground electric, telephone and cable television services, all lots are subject to the following: A. Unless expressly permitted bythe Developer, no overhead pole lines for the supply of electric service, telephone and cable television service shall be located in the Addition. Street light poles or standards maybe served by underground cable, and elsewhere throughout the Addition, all supply lines shall be located underground in the easementways reserved for general utilities and streets shown on the plat. Service pedestals and transformers as sources of supply at secondary voltages, maybe also located in such easement ways. B. Underground service cables maybe run from the nearest service pedestal or transformer to the point of usage determined bythe location and construction of such house; provided that upon the installation of such a service cable to a particular house, the supplier of electric service, telephone or cable television service shall thereafterbe deemed to have a definitive, permanent, effective and exclusive right -of -way easement on each lot covering afive foot strip extending 2.5 feet on each side of such service cable extending from the service pedestal or transformer to the service entrance on said house. C. The supplier ofelectric, telephone, and cable television service, through its proper agents and employees shall at all times have the right of access to all such easement ways shown on the plat or provided for in this dedication for thepurposes of installing, maintaining, removing, or replacing any portion of said underground electric, telephone, or cable television so installed by it. D. The ownerof each lot shall be responsible forthe protection of theunderground electric, telephone, and cable television facilities located on his property and shall prevent the alteration of grade or any construction activity which may interfere with said electric, telephone or cable television facilities. The Company will be responsible for ordinary maintenance ofunderground electric, telephone, or cable television facilities, but the owner will pay for the damage or relocation ofsuchfacilitiies caused or necessitated by acts of the owner, its agents or contractors. E. The foregoing covenants concerning underground electric, telephone, and cable television facilities shall be enforceable by the supplier of electric, telephone or cable television service, and the owner of each lot agrees to be bound thereby. 3. Underground Gas Service. Underground service lines to allhomes maybe run from the nearest service connection to the point of usage determined by the location and construction ofthe home; provided that upon the installation of such a service line to a home, the supplier of gas service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right -of -way easement on said Lot, covering a five foot (S) strip extending 2.5 feet on each side ofsuch service line, extending from the service connection to the service entrance on the home. All gas meters shall be physically located at or near the service entrance to the home. The supplier ofgas service, through its proper agents and employees, shall at all times have right of access to all such easementways shown on the Plat, orprovided form this Declaration for the purpose of installing, maintaining, removing orreplacing anyportion ofsaid underground gas facilities so installed by it. The Owner of each Lot shall be responsible for the protection of the underground gas facilities located on its Lot and shall prevent the alteration ofgrade or any construction activity which may interfere with said gas facilities. The supplier of gas services will be responsible for ordinary maintenance of underground gas facilities, but Declarant will payfor damage or relocation ofsuch facilities causedbyacts of Declarant or its agents or contractors. The foregoing covenants concerning underground gas facilities shall be enforceable bythe supplier of gas service, and the Owner of each Lot agrees to be bound hereby. 4. Water, Sanitarvand Storm Sewer. Owners shall beresponsible for the protection of the public watermains and sanitary sewer facilities located on their lots and shall prevent the alteration ofgrade in excess of three feet from the original contours or any construction activity which may interfere with said facilities. Said alteration of grade restrictions shall be limited to easement areas. The City shall be responsible for ordinarymaintenance ofpublic watermains andpublic sanitary sewer facilities, but the owner will pay for damage orrelocation ofsuch facilities caused ornecessitated by acts ofthe owner or his agents or contractors. The City shall have the right ofaccess with its equipment to all easement ways shown on the Plat for installing, maintaining, removing or replacing any portion of the undergroundwater and sewer facilities. The foregoing covenants concerning water and sewer facilities shall be enforceable by the City, and the owner of the lot agrees to be bound hereby. 5. Sanitary Disposal. No outside toilets or septic tank systems shall be allowed in the Addition and all sanitary arrangements must comply with local and state health requirements. 6. Landscape and Paving Repair. The Owner of each lot shall be responsible for the repair and replacement of any landscaping and paving located within the utility easements in the event it is necessary to repair anyunderground water, sanitary sewer mains, storm sewers, electric, natural gas, telephone, or cable television service. No lot owner shall plant anytrees or shrubberyin dedicated utility easements ofright- of- waywhichwouldpotentially endanger, threaten, or harm any utilities locatedwithin said easements or rights -of -way. If it is determined that any trees or shrubbery located within said easements or rights-of-way are damaging or endangering utilities in said easements or rights -of -way, the city shall have the right to remove said trees or shrubbery upon five (5) days notice thereof at the lot owner's expense, or within such time the lot owner may remove same. 7. Homeowners'Association. A homeowners'association, known as "The Reserve on Elm Creek Association;' an Oklahoma corporation, has been or shall be established pursuant to 60 O.S.1991, § 851, et seq., to maintain the entryway and the reserve areas in the Addition and for such otherpurposes as shall be deemed advisable. All lawful acts, if any, ofthe Association, made under and pursuant to its Certificate of Incorporation and By -Laws shall be binding upon the lots contained in the Addition and the owners thereof. Membership in the Association shall consist of all owners of lots in the Addition and of such additional property designated by the Developer. Annual assessments shall be made on a per lot basis as provided in the Conditions, Covenants and Restrictions for the Addition promulgatedbythe Developer. Such assessments shall be a lien upon the lot assessed. Any such lien may be foreclosed by the Association and the lot owner shall be responsible for all costs and attorneys fees incurred bythe Association in connection with such suit. No lot shall be entitled to more than one (1) vote, regardless of the number of owners. A. Right to Purchase Insurance. The Association maypurchase, carry and maintain in force various insurance coverages that the Board, in its discretion, determines to be necessary, reasonable and prudent to protect the Association and its Board, agents, employees, Members and Owners against claims brought against the Association as aresult of the performance or nonperformance of its duties under this Declaration. The coverages provided by the Association shall be in such amounts and with such deductibles, endorsements and coverages as shall be considered by the Board, in its discretion, to be good, responsible insurance practice forproperties similar in construction, location and use to the Property. B. Adequacy of Insurance. It shall be the responsibility of the individual Owner to satisfy himself as to the adequacy of the insurance limits and coverage obtained by the Association. The Association accepts no liability of any kind for the adequacy of the coverage with respect to meeting the individual Owner's needs. It shall be the duty ofeach Owner to request to review the coverages provided by the Association and determine whether or not he needs additional coverage to satisfy his individual needs or responsibilities. C. Insurance Proceeds. The Association shall use the net proceeds of anyproperty insurance to repair and replace any damage or destruction of property covered by the insurance, either to its original design and condition or, in the reasonable discretion ofthe Board, to a different design, condition or state. Net proceeds shall include, but are not limited to, proceeds attributable to insurance carried by the Association for the benefit ofother third parties. Any balance from the proceeds of such insurance paid to the Association, as required in this article, remaining after satisfactory completion ofrepair and replacement shall be retained by the Association as part of the general resery e fund for repair and replacement of the Common Areas. If the proceeds of insurance carried by the Association are insufficient to repair orreplace any loss or damage covered or intended to be covered by that insurance (including any deductible), the Board may either levy a Special Assessment to cover the deficiency or otherwise provide funds to cover the deficiency in such manner as the Board shall determine. 8. Reserve Areas. The area(s) designated on the Plat as Reserve Area(s) are herebyretained by the Developer for possible later conveyance. 9. Set -back Lines. No buildings, outbuildings, structures, orparts thereof shall be constructed or maintained on lots nearer to the property lines than the set -back lines provided herein or shown on the accompanying plat. Unless otherwise provided by easement or set -back lines shown on the accompanying plat, the minimum building set -back lines for dwellings or other outbuilding structures shall be: Front yard: 20 feet Side yard: 515 feet or 10 /0 feet Back yard: 15 feet On all lots where there is both a twenty -five foot set -back line and a fifteen foot set -back line adjacent to apublic street, the portion of the lot containing the twenty -five foot set -back shall be considered the front yard and the dwelling shall face this portion of the lot. 10. Fence Easements. Areas designated on the Plat as Fence Easements are hereby Ell designated bythe Developer as perpetual easements for the benefit ofthe Association for the purpose of providing proper visual screening ofthe Addition from surrounding areas, and for the construction and maintenance of any fence or wall and for other purposes deemed to be in the common good by the Association. 11. Compliance with Code. All lots are subjectto the uses, restrictions and requirements of the Code of the City of Owasso. IN WITNESS WHEREOF, Dominion Corporation, hereby approves and executes the foregoing Deed of Dedication this _ day of April, 1995. ATTEST: STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) Dominion Corporation, an Oklahoma corporation By Noble Sokolosky, President Before me, the undersigned, allotaryPublic in and for said County and State, on this 1s'dayof September, 2004, personally appeared Noble Sokolosky, tome known to be the identical person who subscribed the name ofthe maker thereofto the foregoing instrument as its President and acknowledged tome that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. Given under my hand and seal of office the day and year last above written. My Commission Expires: 58088 \The Reserve on Elm Creek Notary Public Submission for: PLANNED UNIT DEVELOPMENT O?biD 04-01 PROJECT TWO a proposed Addition to the City of Owasso, Tulsa County State of Oklahoma Section Thirty -Two (32), Township Twenty -One (21) North, Range Fourteen (14) East Submitted to: CITY OF OWASSO, OKLAHOMA Prepared by: Noble Sokolosky Sokolosky Law Firm P. O. Box 1013 Owasso, Oklahoma 74055 272 -0270 (fax) 272 -0199 March 31, 2004 TABLE OF CONTENTS Development Concept ............................................. 3 Statistical Summary ............................................... 4 Development Standards ........................................... 5 Homeowners' Association 6 Platting Requirements ..................................... 7 Site Plan Review 7 Expected Schedule of Development ... ............................... 7 Maps: Site Analysis Underlying Zoning DEVELOPMENT CONCEPT Project Two is a proposed planned unit development (PUD) comprised of approximately Twenty (20) acres in Southeast Owasso, Oklahoma. The property is located at 6600 North 129`h East Avenue. The site is characterized by flat and gently rolling terrain. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent development possibilities. The development is a single family and duplex mixed -use residential development that will feature a small, secure neighborhood feeling bordered by large undeveloped tract. Many prospective residents in today's marketplace desire smaller, well- maintained yards along with nice homes on smaller lots. This development concept will allow that type of home to be developed in a manner that is consistent and well- designed. STATISTICAL SUMMARY Project Area + 19.75 gross acres ➢ Residential + 19.75 gross acres Maximum Dwelling Units Requested: 140 DU's DEVELOPMENT AREAS RESIDENTIAL: Single- Family Detached ➢ Total Area: + 12 gross acres ➢ Requested Number of Dwelling Units: 60 Duplex Family ➢ Total Area: + 7.75 gross acres ➢ Requested Number of Dwelling Units: 80 rd DEVELOPMENT STANDARDS Single - Family Detached Homesites: Single- family detached structures intended for individual lot ownership. ➢ Permitted Uses ➢ Minimum Lot Size ➢ Maximum Building Height ➢ Minimum Front Yard if Abutting Public Street ➢ Corner Lot Minimum Side Yard Abutting Public /Private Street ➢ Minimum Lot Frontage* ➢ Minimum Lot Depth ➢ Minimum Rear Yard ➢ Minimum Side Yard As permitted within RS -3 District, By right or special exception 5,000 sq. ft 2 stories 20 ft. 15 ft. 50 ft. 100 ft. 15 ft. 5 /5 ft. or0 /10 ft. * Cul -de -sac and pie shaped lots may have less than minimum frontage measured at building lines. Duplex Family Homesites: Minimum development standards as provided for in the Owasso Zoning Code. Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. Ey HOMEOWNERS' ASSOCIATION The Homeowners' Association to be established will be responsible for the maintenance of the detention area, landscaped entrances, and all other landscaped buffers and islands, if any. These areas are to be created by the developer and turned over to the Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner, the City of Owasso will have the right to maintain these areas and assess each lot. Should payment by any member not occur, the City of Owasso and the Association will have the right to lien the delinquent member's real property within the platted area. Final documents on the Association will be filed in the future which will address rights and requirements for association members. PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved bythe Owasso Planning Commission and the Owasso City Council and dulyfiled of record, provided, however, thatdevelopment areas may be platted separately. Restrictive covenants shall be established which are not consistent with the terms hereof and where appropriate, the City of Owasso shall be made a beneficiary thereof. SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning Commission as being in compliance with the PUD Development Concept and the Development Standards. Separate building plans may be submitted for individual home construction afterthe subdivision has been given final approval by the City of Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of the Addition is anticipated to commence upon approval and of zoning and platting. 7 z F R 14 E LOCATION MAP for Proposed PU'D 19.7., acre tract Presently Zoned 3G LEGAL DESCRIPTION - - - - - -- — ..... - -- - A tract of land located in the East Half of the Southeast Quarter of Section 32, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S. Government Survey thereof, being more particularly described as follows: The East Half of the Southeast Quarter of the Southeast Quarter, AND the South Half of the Southeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 32, LESS AND EXCEPT Beginning at the Northeast Corner of the S/2 SE /4 NE /4 SE /4 of Section 32; thence S00 °10'35 "W along the Easter line of the SE /4 of Section 32 a distance of 318.67 feet; thence N87 °45'31 "W a distance of 566.88 feet; thence N00 °10'35 "E and parallel with the East line of the S/2 SE /4 NE /4 SE /4 of Section 32 a distance of 296.46 feet to the Northerly line of the S/2 SE /4 NE /4 SE /4 of Section 32; thence 69 °59'49 "E along the Northerly line of the S/2 SE 14 NE /4 SE /4 of Section 32 a distance of 566.52 feet to the Point of Beginning; ALSO LESS AND EXCEPT Commencing at the Southeast Corner of Section 32; thence NOO °10'35 "E along the East line of the SE /4 of Section 32 a distance of 827.00 feet to the Point of Beginning; thence N89 °49'25 "W and perpendicular to the East line of said SE /4 a distance of 326.40 feet; thence NOO °10'35 "E and parallel with the East line of said SE /4 a distance of 165.40 feet; thence S89 °49'25 "E and perpendicular to the East line of said SE /4 a distance of 326.40 feet to the East line of said SE /4; thence S00 °10'35 "W along the East line of said SE /4 a distance of 165.40 feet to the Point of Beginning; N89 °59'49 "E SCALE 1" =250' Basis of Bearings: East line Section 32 S00 110'35 "W z C U .c m tv x E a 0 z CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT PRELIMINARY PLAT (LAKE VALLEY) STAFF REPORT BACKGROUND The City of Owasso has received a request from Lake Valley Investment Group for the review and approval of the Lake Valley preliminary plat consisting of 110 lots in five (5) blocks on 46.09 acres, more or less. It is the intention of the property owner to subdivide and develop the property in a residential manner. HEARING DATE Planning Commission, November 8, 2004 LOCATION The property is located in the W/2 of the SWA of Section 10 or in the NE corner of E. 106' St. N. and N. 145s' E. Ave. A general area map has been attached for your review. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Undeveloped/Agricultural South: Undeveloped East: Undeveloped West: Undeveloped/Rural residential The Coffee Creek development area is located to the southwest and the Chelsea Park residential subdivision is located just to the northwest. PRESENT ZONING RS- 3 /OPUD 01 -03 Lake Valley (Residential District) SURROUNDING ZONING North: AG (Agricultural District) — Rogers County South: OPUD 01 -03 (Commercial General) /AG (Agricultural District) — Rogers County East: OPUD 01 -03 Lake Valley (Residential District) West: AG (Agricultural District) — City of Owasso/Tulsa County ZONING HISTORY In October, 2001 the City Council approved OPUD 01 -03, a Planned Unit Development for Lake Valley outlining the development of the property as residential with a 5 acre commercial parcel reserved for the immediate comer of E. 106' St. N. and N. 145h E. Ave. The following are conditions of the PUD that are pertinent to this proposed subdivision: 1. The primary east -west road proposed shall be developed as a collector road; 2. All cul-de -sac lots and lots along curves shall meet the minimum lot width within five feet of the front yard setback or rear property line; 3. sidewalks along all public rights -of -way be required at the time of platting; 4. Acceleration/deceleration lanes be required at the time of platting; 5. Detailed covenants and restrictions governing the unified design and function of the PUD be required at the time of platting; 6. Unless specifically set out in the standards and conditions of this PUD, single - family development shall meet the requirements of a typical RS -3 district; 7. A detailed drainage report be submitted at the time of platting, and the document be certified by a registered engineer; 8. All covenants of any subdivision plat containing property within the PUD shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary; 9. The Planning Commission reserves the right to prescribe additional buffering, screening, and setbacks during the platting process. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. PRELIMINARY PLAT REVIEW PROCESS . Upon receipt of all appropriate materials, the staff initiates the review process that begins with a thorough analysis of the proposal. The primary consideration is the proposed plat's compliance with the Owasso Zoning Code and Owasso Subdivision Regulations. The Preliminary Plat is then presented to the Owasso Technical Advisory Committee, at which time utility providers and staff are able to review and provide input on the proposals details. The Technical Advisory Committee along with city staff make a recommendation to the Owasso Planning Commission. The Planning Commission, at a public hearing, can approve, approve with modifications, continue to a date certain or disapprove the preliminary plat. ANALYSIS The applicant is requesting the review and approval of the Lake Valley preliminary plat so that they may plat and eventually develop the property with single family garden style homes. The property is zoned OPUD 01 -03 with an underlying zoning designation of RS -3 (Residential Single Family District). The PUD outlines the development standards for the property in a residential manner. The proposed layout for residential uses in the plat is allowed, by right according to the zoning designation and is consistent with the approved Planned Unit Development. According to the preliminary plat, the developer proposes to divide the property into 110 lots on 5 blocks. According to OPUD 01 -03, the maximum number of dwelling units allowed in the entire development area is 560. The approved PUD text allows for a minimum lot width of 50' and a minimum lot depth of 100'. The minimum allowable lot size according to the PUD text is 5000 W. Access into the development will be from N. 145th E. Ave. The proposed subdivision will provide a stubbed collector street to the east to connect to future development. Proposed rights -of -way (R -O -W) within the development are 50' wide while provisions for the R -O -W of the adjacent arterials are 50' for E. 106°i St. N. and 60' for N. 1450'E. Ave. All public roadways proposed within the development must be constructed by the developer and constructed to City standards, to include the provision of sidewalks. To address utility concerns, the proposed plat illustrates utility easements along the perimeter of the entire development site and throughout. The applicant is proposing reserve areas around and throughout the development. It is intended that the reserve area located to the north (Reserve A) will be utilized for detention. The reserve areas (B and F) are established to preserve the flood plain extending along the eastern side of the development area. Other reserve areas located within the development are for landscaping purposes. All reserve areas are to be maintained by the developer or subsequent homeowners associations. Plans for the drainage and detention of the water from the site must be submitted to and approved by the City of Owasso before a building permit may be issued. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. Sewer will be provided by the City of Owasso. Water will be served by Washington County Rural Water district #3. The property will be subject to any payback fees, including Storm Siren fees of $16 per acre and the Tulsa Technology Center Interceptor Area fee of $1,000 per acre. The fees should be payable before the plat is filed. TECW%NICAL ADVISORY COMMITTEE The Preliminary Plat was reviewed at the regularly scheduled Owasso Technical Advisory Committee on October 27, 2004. At that meeting utility providers and city staff were afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: 1. Community Development — Show lot addresses as provided by the City Planner; 2. Community Development — Redistribute the lots and blocks accordingly, totaling 7 blocks; 3. Community Development — Rename E. 111' St. N. to E. 110th Pl. N.; and E. 108x' St. N. to N. 146th E. Ave.; and E. 107'b Pl. N. to N. 147th E. Ave.; and name the street that runs from NW to SE entering the subdivision E. 108'h St. N.; 4. Community Development - Ensure that sidewalks are established along all public roadways within and adjacent to the development; 5. Community Development - Pay the Storm Siren fee of $16 per acre upon approval of the Final Plat; 6. Community Development — Pay the Tulsa Technology Center fee of $1,000 per acre upon approval of the Final Plat; 7. Community Development — Provide pedestrian linkages between the arterials and adjacent subdivision cul -de -sacs; 8. Community Development — Change all references to Rogers County Rural Water District 93 in the Deed of Dedication to Washington County Rural Water District #3; 9. Fire Marshall — Provide a second access -way to the southern section of lots; 10. Fire Marshall — Coordinate fire hydrant locations with the Fire Marshall; 11. Public Works — Confirm the location of the Utility tower located on E. 109'' St. N.; 12. Public Works — Identify the 100 year flood plain along the eastern boundary of the subdivision; 13. Public Works — Provide pad elevations for all lots adjacent to the flood plain; 14. Cox — Provide additional easements; 15. AEP — Provide language in the Deed of Dedication per AEP; RECONDIENDATION Staff recommends acceptance of the Lake Valley Preliminary Plat subject to the successful execution of the Technical Advisory Committee conditions. ATTACHMENTS 1. General Area Map 2. Preliminary Plat Application 3. Lake Valley Preliminary Plat 4. Lake Valley Deed of Dedication 5, OPUD 01 -03 Outline Development Plan CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 PRELINIINARY PLAT APPLICATION PROPOSED SUBDIVISION NAME Lake Valley (This certifies that the indicated name is the name which is intended to be used for filing of the Final Plat.) GENERAL LEGAL DESCRIPTION OF TRACT See Attached Lake valley investment DEVELOPER Group, L.L.C. ENGINEER/ARCHITECT T E P ADDRESS PO Box 240, Owasso 74055tDDRESS6737 South 85th E. Ave.—,-7ulsa PHONE 272 -3282 FAX PHONE 25Z-9621 FAX 250-4566 — TRACT INFORMATION Present Zoning OPUD 01 -03 Present Use Vacant Proposed Zoning I N/A Proposed Use Residential PLAT INFORMATION Total Acre 46.094/ Number of Lots 110 Average Lot Size 55 x 115 WATER SUPPLY ❑ City Main R.7 Rogers Co. RWD3 ❑ Washington Co. RWD3 ❑ Other SANITARY SEWER 93 City Sewer ❑ Septic ❑ Disposal Plant STREET SURFACING ❑ Portland Cement Concrete gx Asphaltic Concrete ❑ Traffic -bound Surface Course Please submit the completed application form and application fee ($50 plus $.50 per lot over 100 lots), along with the completed Preliminary Plat Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Preliminary Plats are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Preliminary Plat will be reviewed. The applicant andlor a applicant's consultant should attend both the Technical Adyisry Committee an Pfau *fission meetings at which the Preliminary Plat will be reviewed: Y (� DEVELOPER W DATE October 5, 2004 TAC MEETING DATE I OPC MEETING DATE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED OWNER /DEVELOPER late Valley Invesdnenl Gmup. LLC. P9 BV NaT� QnvenWMm iWN Blii>7.]L3 OPUD 01 -03 Preliminary Plat Lake Valley_ 1 b ' bd' ' f a art of the SW14 of Section An Addition la the Gty o Owasso, a ng a so Iwson a p 10, Township 21 North, Range 14 East, Rogers County, State of OWahorna ENGINEER /SURVEYOR Tulsa Englnwdng & Pb ning Associates, Inc. 6N FnIMm TWm.CYMm ]�A] B16+nw x F a z z �I Tl COUNTY R -14E ff 4 s«unn 1p 110 Lots - 4fi.094] Aces ]w Ao xa w® aceaer.rw ren LAKE VALLEY DEED OF DEDICATION; CERTAIN RESTRICTIONS DEED OF DEDICATION Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company (the "Developer "), being the sole owner of the following described real estate situated in the City of Owasso (the "City "), Rogers County, Oklahoma: A tract of land located in the SWA of Section 10, Township 21 North, Range 14 East of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: A tract of land located in the SWA of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: Commencing from the Southwest corner of Section 10, T -21 -N, R -14 -E of the Indian Meridian; Thence N 00 °07'05" W along the West line of the SWA of Section 10 a distance of 853.06 feet to the "Point of Beginning "; Thence continuing N 00 °07'05" W along the West line of the SWA of Section 10 a distance of 1785.68 feet to the West Quarter corner of Section 10; Thence S 89 °56'28" E along the North line of the SWA of Section 10 a distance of 961.20 feet; Thence S 00 003'32" W a distance of 291.36 feet; Thence S 51 ° 16'43" W a distance of 446.26 feet; Thence S 31022'47" E a distance of 472.35 feet; Thence S 00 000'26" W a distance of 1664.09 feet to the South line of the SWA of Section 10; Thence N 89 059'34" W along the South line of the SWA of Section 10 a distance of 440.45 feet to a point that is 412.59 feet from the Southwest corner of Section 10 as measured along the South line of the SW /4 of Section 10; Thence N 00 °00'26" E and perpendicular to the South line of the SWA of Section 10 a distance of 50.00 feet; Thence N 23 °48'18" W a distance of 877.93 feet to a point that is 60.00 feet measured perpendicular from the West line of the SWA of Section 10; Thence S 89 °52'55" W and perpendicular to the West line of the SWA of Section 10 a distance of 60.00 feet to the "Point of Beginning ". Said tract contains 2,007,886 square feet or 46.0947 acres. F:\Data\LEGAL\2000- 2003 \03074 DOD.wpd 10/27/04 Page 1 of 7 The non - astronomic bearings for said tract are based on an assumed bearing of N 00 007'05" W along the West line of the SW /4 of Section 10, T -21 -N, R -14 -E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof. has caused the same to be engineered, surveyed, staked and platted into lots, blocks, streets and reserve areas in conformity to the accompanying plat and survey thereof, which plat is made a part hereof (the "Plat "), and has caused the same to be named LAKE VALLEY, a subdivision in the City of Owasso, Rogers County, State of Oklahoma (the "Subdivision "). 1. PUBLIC STREETS AND UTILITY EASEMENTS. The Developer dedicates to the public, for public use forever, the easements and rights -of -way as shown on the Plat for the several purposes of constructing, maintaining, operating, repairing, and replacing any and all streets and public utilities, including but not limited to, storm and sanitary sewer lines, communication lines, electric power lines, cable television lines, transformers, pedestals, gas and water lines, together with all fittings and equipment for each such facility and any other appurtenances thereto, with the right of ingress and egress to and upon said easements and rights -of -way for the uses and purposes thereof. CERTAIN RESTRICTIONS 2. UNDERGROUND AND ELECTRIC AND COMMUNICATION SERVICE. In connection with the installation of underground electric, telephone and cable television services, all lots are subject to the following: A. Overhead pole lines for the supply of electric service, telephone and cable television service may only be located along the perimeter of the Subdivision. Street light poles or standards may be served by underground cable, and elsewhere throughout the Subdivision, all supply lines shall be located underground in the easement ways reserved for general utilities and streets shown on the plat. Service pedestals and transformers as sources of supply at secondary voltages, may be also located in such easement ways. B. Except to houses and structures on lots adjacent to the perimeter of the Subdivision as described in subparagraph (A) above, which may be served from overhead electric service lines, telephone lines and cable television cables, underground service cables to all houses which may be located on all lots in said Subdivision may be run from the nearest service pedestal or transformer to the point of usage determined by the location and construction of such house as may be located upon each said lot; provided that upon the installation of such a service cable to a particular house, the supplier of electric service, telephone or cable television service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right -of -way easement on each lot covering a five foot strip extending 2.5 feet on each side of such service cable extending from the service pedestal or transformer to the service entrance on said house. C. The supplier of electric, telephone, and cable television service, through its proper agents and employees, shall at all times have the right of access to all such easement ways shown on the plat or provided for in this dedication for the purposes of installing, maintaining, removing, or replacing any portion of said underground electric, telephone, or cable television so installed by it. F.\Data\LEGAL\2000- 2003 \03074 DOD.wpd 10/27/04 Page 2 of 7 D. The owner of each lot shall be responsible for the protection of the underground electric, telephone, and cable television facilities located on such owner's property and shall prevent the alteration of grade or any construction activity which may interfere with said electric, telephone or cable television facilities. Such utility company will be responsible for ordinary maintenance of underground electric, telephone, or cable television facilities, but the owner will pay for the damage or relocation of such facilities caused or necessitated by acts of the owner, its agents or contractors. E. The foregoing covenants concerning underground electric, telephone, and cable television facilities shall be enforceable by the supplier of electric, telephone or cable television service, and the owner of each lot agrees to be bound thereby. 3. UNDERGROUND GAS SERVICE. A. The supplier of gas service through its agents and employees shall at all times have the right of access to all such easements shown on the plat or as provided for in this certificate of dedication for the purpose of installing, removing, repairing, or replacing any portion of the facilities installed by the supplier of gas service. B. The owner of the lot shall be responsible for the protection of the underground gas facilities located in their lot and shall prevent the alteration, grade, or any other construction activity which would interfere with the gas service. The supplier of the gas service shall be responsible for the ordinary maintenance of said facilities, but the owner shall pay for damage or relocation of facilities caused or necessitated by acts of the owner, or its agents or contractors. C. The foregoing covenants set forth in this paragraph shall be enforceable by the supplier of the gas service and the owner of the lot agrees to be bound hereby. 4. WATER AND SEWER SERVICE. A. The owner of the lot shall be responsible for the protection of the public water and sewer mains located upon and serving the Property. B. Within the utility easement areas depicted on the accompanying plat, the alteration of grade in excess of 3 feet from the contour existing upon the completion of the installation of a public water main or sewer main, or any construction activity which would interfere with public water and sewer mains, shall be prohibited. C. Rogers County Rural Water District No. 3, or its successors, shall be responsible for ordinary maintenance of public water mains and the City of Owasso, Oklahoma, or its successors, shall be responsible for ordinary maintenance of public sewer mains that serve the Property, but the owner shall pay for damage or relocation of such facilities caused or necessitated by acts of the owner, his agents or contractors. D. The City of Owasso, Oklahoma and Rogers County Rural Water District No. 3, or its successors, shall at all times have right of access to all easementways depicted on the accompanying plat, or otherwise provided for in this Deed of Dedication, for the purpose FAData\LFGAL\2000- 2003 \03074 DOD.%Nj)d 10/27/04 Page 3 of 7 of installing, maintaining, removing or replacing any portion of underground water or sewer facilities. E. The foregoing covenants set forth in this paragraph 4 shall be enforceable by the City of Owasso, Oklahoma and Rogers County Rural Water District No. 3, or its successors, and the owner of the Property agrees to be bound hereby. 5. LANDSCAPE AND PAVING REPAIR. The owner of each lot shall be responsible for the repair and replacement of any landscaping and paving located within the utility easements in the event it is necessary to repair any underground water, sanitary sewer mains, storm sewers, electric, natural gas, telephone, or cable television service. No lot owner shall plant any trees or shrubbery in dedicated utility easements or rights -of -way which would potentially endanger, threaten, or harm any utilities located within said easements or rights -of -way. If it is determined that any trees or shrubbery located within said easements or rights -of -way are damaging or endangering utilities in said easements or rights -of -way, the City or said Rural Water District shall have the right to remove said trees or shrubbery upon five (5) days notice thereof at the lot owner's expense, or within such time the lot owner may remove same. 6. PLANNED UNIT DEVELOPMENT. A. Use of the Land. The use and development provisions ofOPUD 01 -03, RS -3 Zoning District. B. Yards and Setbacks. of Lake Valley shall be subject to the terms, conditions, and which are the uses permitted by right or special exception in the 1. Front yard Abutting a Public/Private Street. The front yard of a Lot shall not be less than 20 feet in depth. 2. Corner Lot Minimum Side Yard AbuttingPublic/PrivateStreet. The corner lot side yard of a Lot shall not be less than 15 feet in depth. 3. Rear Yard. The rear yard of a Lot shall not be less than 15 feet in depth. 4. Side Yard. Within a Lot each side yard shall not be less than 5 feet in width or 10 feet in width on one side and 0 feet in width on the other side yard and no side yard shall be less than the width of any utility easement located within the lot and along the side lot line. 5. Minimum Lot Frontage. The frontage of a lot shall be no less than 50 feet in width, except in the instance of cul-de-sac and pie shaped lots, which shall be 50 feet within five feet of the front yard setback or rear property line. 6. Minimum Lot Depth. The minimum depth of a lot is 100 feet. F.\Data\LEGAL\2000- 2003 \03074 DOD.wpd 10/27/04 Page 4 of 7 7. Easement Setbacks. No building, whether principal or accessory, shall encroach upon any easement. C. Maximum Structure Height. No structure shall exceed 2 stories in height. D. Other Bulk And Area Requirements Except as above modified, a Lot shall comply with the bulk and area requirements of the R -3 Residential Single Family District as set forth within the Owasso Zoning Ordinance. E. Reserve Areas. 1. Reserve "A ", as designated on the plat, are hereby retained by the Developer for possible later conveyance, at the Developer's sole discretion, to the Association or other third party forthe purpose ofprovidinggreen areas, propervisual screening ofthe Subdivision from surrounding areas, the construction and maintenance ofany screening fence orwall, stormwater detention easement, utility easements and for other purposes deemed advisable by the Developer or the Association for,. 2. Reserve Areas `B" through "H", as designated on the Plat, are hereby retained by the Developer for possible later conveyance, at the Developer's sole discretion, to the Association or other third party for the purpose of providing green areas, proper visual screening of the Subdivision from surrounding areas, the construction and maintenance of any screening fence or wall, utility easements and for other purposes deemed advisable by the Developer or the Association. Certain Reserve Areas and Fence Easements (as described below) have also been designated as utility easements and may be used as such so long as such utility usage does not materially interfere with the Developer's intended use of such Reserve Areas and/or Fence Easements. DEVELOPER'S RESERVED RIGHTS. A. Inclusion in Property Owners Association. As a part of the development of the Subdivision, the Developer thereof has created or will create Lake Valley Homeowners' Association, Inc., an Oklahoma not - for - profit corporation (the "Association "). B. Binding Effect: All lawful acts of the Association made under and pursuant to its Certificate of Incorporation and By -Laws shall be binding upon the lots contained in the Subdivision and the owners thereof. Membership in the Association shall consist of all owners of lots in the Subdivision and all owners of such additional property designated by the Developer. C. Assessments: Annual Assessments may be made by the Association on a per lot basis, all as more fully set forth in the Association governing documents and in the Covenants, Conditions and Restrictions for Chelsea Park. No lot owned by the Developer shall be subject to assessment. D. Other Rights: Developer shall have the right and power to execute all documents and do all other acts and things affecting the Subdivision which Developer determines are necessary or desirable in connection with the rights of Developer under this Declaration, including the execution and filing of various Covenants, Conditions and Restrictions for the Subdivision. FADaWLEGAU2000- 2003\03074 DOD.wpd 10/27/04. Page 5 of 7 8. FENCE EASEMENTS. Areas designated on the Plat as Fence Easements are hereby designated by the Developer as perpetual easements for the benefit of the Association for the purpose of providing proper visual screening of the Subdivision from surrounding areas, and for the construction and maintenance of any signage, fence or wall and for other purposes deemed to be in the common good by Developer and /or the Association. IN WITNESS WHEREOF, Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company hereby approves and executes the foregoing Deed of Dedication this _ day of 12004. Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company Lo STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) Pete Kourtis, Manager Before me, the undersigned, a notary public in and for said County and State, on this _ day of , 2004, personally appeared Pete Kourtis, to me known to be the identical person who subscribed the name of the maker thereof to the foregoing instrument as its Manager and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such limited liability company for the uses and purposes therein set forth. Given under my hand and seal of office the day and year last above written. Notary Public My commission no. expires F:\Data\LEGAL\2000- 2003 \03074 DOD.wpd 10/27/04 Page 6 of 7 CERTIFICATE OF SURVEY I, Jerry W. Ledford, of Tulsa Engineering & Planning Associates, Inc., a professional land surveyor registered in the State of Oklahoma, hereby certify that I have carefully and accurately surveyed, subdivided, and platted the tract of land described above, and that the accompanying plat designated herein as "LAKE VALLEY ", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, is a representation ofthe survey made on the ground using generally accepted land surveying practices and meets or exceeds the Oklahoma Minimum Standards for the Practice of Land Surveying as adopted. Executed this _ day of 2004. Jerry W. Ledford, P.E., P.L.S. Registered Professional Land Surveyor. State of Oklahoma ) ) s.s. County of Tulsa ) Before me the undersigned, a notary public in and for said county and state, on this _ day of_ ' 2004, personally appeared Jerry W. Ledford, to me known to be the identical person who subscribed his name as Registered Professional Land Surveyor to the foregoing Certificate of Survey and acknowledged.to me that he executed the same as his free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have set my hand and seal the day and year last written above. D. Sue Mitchell, Notary Public My commission no. 01004303 expires March 27, 2005. CERTIFICATE OF FINAL PLAT APPROVAL I hereby certify that this Plat was approved by the Owasso City Council on this _ of _, 2004. 0 Mayor This approval is void if the above signature is not endorsed by the City Clerk. City Clerk F:\Data\LEGAL\2000- 2003 \03074 DOD.wpd 10/27/04 Page 7 of 7 Submission for: PLANNED UNIT DEVELOPMENT a proposed Addition to the City of Owasso, Regerss County State of Oklahoma (SW /4 Section 10, Township 21 North, Range 14 East) Submitted to: CITY OF OWASSO, OKLAHOMA Prepared by: CHARNEY Et CHARNEY, P.C. P.O. Box 240 Owasso, Oklahoma 74055 (918) 272 -5338 September 12, 2001 TABLE OF CONTENTS Development Concept .................................................... ..............................1 Statistical Summary ....................................................... ..............................2 Development Standards • Executive Homes ........................... ..............................3 GardenHomes .............................. ..............................4 PatioHomes ................................ ..............................5 Development Standards (Commercial General) ...................... ..............................6 Property Owners' Association ........................................... ..............................7 PlattingRequirements .................................................... ..............................8 SitePlan Review ......................................................... ..............................8 Expected Schedule of Development .................................... ..............................8 Maps: Site Analysis Underlying Zoning Conceptual Development Plan DEVELOPMENT CONCEPT Lake Valley is a proposed planned unit development (PUD) comprised of 160 ± acres in northeastern Owasso, Oklahoma. The property is located north of 106`h Street north and east of 145`h East Avenue. The site is characterized by relatively flat to slightly rolling terrain with drainageways that tend to flow from north to south. Any significant drainageways that may constitute flood plain wilt be located in the park /greenbelt /lake area. The existing soils on the site create no unusual development problems that are not commonly encountered in most other area developments. Overall, this site has excellent development possibilities. Lake Valley is a mixed -use development that wilt feature commercial uses, park areas/ greenbelts and a variety of residentiat uses. In general, land use intensities wilt be reduced as development progresses away from the corner of 106`h Street North and 145`h East Avenue. For example, commercial uses are being proposed for the approximately four (4) acres located on the northeast corner of said intersection. As development progresses into the interior of the project, the more dense residential development is to be located nearer to the commercial uses; the less dense residential areas are to be located further to the interior of the site and away from the more intense uses. In addition there is planned a park area /greenbelt /take area that will approximate 10.12 acres in size. and serve as a natural buffer between various neighborhoods in the vetopment. In a development of this caliber and size, flexibility of design and densities is of the utmost importance. In the next five to ten years, as this project is being developed, market and housing trends will most likely be changing in one form or another. It is felt that utilizing a PUD will allow the adaptability that is needed to change with the times. What is popular and viable in today's market, whether it be housing types, lot sizes, etc., may not be feasible in a market five years from now. The PUD will help guard against market inconsistencies by allowing for the transfer of densities and flexibility within the project for all land uses. STATISTICAL SUMMARY 10 Project Area ± 160 gross acres Residential ± 156 gross acres > Commercial ± 4 gross acres Maximum Allowable Dwelling Units per RS -3 zoning 808 DU's Maximum Dwelling Units Requested: 560 DU's (69% of RS -3 allowance) DEVELOPMENT AREAS RESIDENTIAL: Single - Family Detached ( "Executive Homes ") • Total Area: + 107 gross acres • Requested Number of Dwelling Units: 380 • Location: Tracts B Et C, unless tranlocated Single - Family Detached ( "Garden Homes" • Total Area: ± 23 gross acres • Requested Number of Dwelling Units: 60 • Location: Tract A, unless translocated Single - Family Attached ( "Patio Homes ") • Total Area: ± 26 gross acres • Requested Number of Dwelling Units: 120 • Location: Tract D, unless translocated COMMERCIAL (CG): • Total Area: ± 4 acres • Maximum Floor Area: 130,680 sq. ft. • Floor Area Ratio: 0.75 NOTE: The very nature of this Planned Unit Development ( "PUD ") is to allow the Developer the flexibility to increase or decrease the number of dwelling units in a given development area so long as the total number of dwelling units in the entire PUD does not'exceed a total of 560 dwelling units. Such a transfer of densities, also known as "translocation" is intended by the Developer to be a matter allowed "by right ". 2 DEVELOPMENT STANDARDS Single - Family Detached Homesites: Executive Homes Single- family detached structures intended for individual lot ownership. > Permitted Uses As permitted within RS -3 District, By right or special exception • Minimum Lot Size 7,000 sq. ft. • Maximum Building Height 2 stories • Minimum Front Yard if Abutting Public /Private Street 25 ft. • Corner Lot Minimum Side Yard Abutting Public /Private Street w/ driveway on side yard 20 ft. • Corner Lot Minimum Side Yard Abutting Public /Private Street w /no driveway on side yard 15 ft. • Minimum Lot Frontage' 65 ft. > Minimum Lot Depth 110 ft. > Minimum Rear Yard 20 ft. > Minimum Side Yard 5/5 ft. Cul -de -sac and pie shaped lots on curved streets may have less than minimum frontage measured at building lines. Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 3 Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 4 DEVELOPMENT STANDARDS Single - Family Detached Homesites: Garden Homes Single - family detached structures intended for individual lot ownership. > Permitted Uses As permitted within RS -3 District, By right or special exception > Minimum Lot Size 5,000 sq. ft. > Maximum Building Height 2 stories > Minimum Front Yard if Abutting Public Street 20ft. > Corner Lot Minimum Side Yard Abutting Public /Private Street 15 ft. > Minimum Lot Frontage' 50 ft. > Minimum Lot Depth 100 ft. > Minimum Rear Yard 15 ft. > Minimum Side Yard 5/5 ft. or 0/10 ft. ' Cul -de -sac and pie shaped lots may have less than minimum frontage measured at building lines. Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 4 DEVELOPMENT STANDARDS Single- Family Attached Homesites: Patio Homes Single - family attached structures to provide housing, rental, or individual lot ownership: > Permitted Uses As permitted within RTH District By right or special exception > Minimum Lot Size (per unit) 2,500 sq. ft. > Maximum Building Height 2 stories > Minimum Front Yard if Abutting Public Street 20ft. > Corner Lot Minimum Side Yard Abutting Public /Private Street 10 ft. Minimum Lot Frontage` 25 ft. > Minimum Lot Depth 100 ft. > Minimum Rear Yard 15 ft. > Minimum Side Yard of Buildings 7.5 ft. * Minimum Separation between Buildings 15 ft. > Maximum Number of Attached Units 8 Cul -de -sac and pie shaped lots on curved streets building lines. may have less than minimum frontage measured at Other Requirements: It is intended that a preliminary and final plat will be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 5 Commercial General (CG): > Permitted Uses: > Maximum Stories: DEVELOPMENT STANDARDS ' As permitted within CG District, by right or special exception 2 stories Minimum Building Setbacks: From Abutting Arterial Public/ Private Street: 50 ft. From Abutting Non - Arterial Public /Private Street: 25 ft. > Rear Yards: 10 ft. > Side Yards: loft. > Minimum Parking Ratio: As required by the City of Owasso zoning code for a designated use Required internal landscaped open space shall include perimeter landscaping within the development area boundaries, parking islands and plazas, but shall exclude walkways which solely provide minimum pedestrian circulation. Sign Standards All signs wilt conform to the current sign ordinance for the city of Owasso. Lighting: Flood lighting will be used from a decorative standard in parking areas. Up lighting will be used on buildings, signs and various landscape elements. Low lighting wilt be used in some landscape areas, courtyard plazas, steps, and walkways. Other Requirements: It is intended that a preliminary and final plat wilt be submitted for the residential development areas that are consistent with the concepts and development standards set forth above. Additional requirements or modifications may be established by the city of Owasso Planning Commission and the Owasso City Council pursuant to their review. 6 PROPERTY OWNERS' ASSOCIATION The Property Owners' Association to be established at Lake Valley will have as its main objectives, the maintenance of the park, Landscaped entrances, and all other landscaped buffers and islands. These areas are to be prepared by the developer and turned over to the Lake Valley Property Owners' Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner, the city of Owasso will have the right to maintain these areas and bill each member of the Lake Valley Property Owners' Association for that cost. Should payment by any member not occur, the city of Owasso and /or the Lake Valley Property Owners' Association may place alien on the delinquent member's real property within the platted area. Final documents on the Property Owners' Association of Lake Valley wilt be filed in the future which will address rights and requirements for association members. 7 PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duty filed of record, provided, however, that development areas may be platted separately. Restrictive covenants shall be established which are not inconsistent with the terms hereof and where appropriate, the city of Owasso shall be made a beneficiary thereof. SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a site plan of the development area has been submitted to and approved by the city of Owasso Planning commission as being in compliance with the PUD Development Concept and the Development Standards. Separate building plans may be submitted for individual home construction after the subdivision has been given final approval by the city of•Owasso. EXPECTED SCHEDULE OF DEVELOPMENT Development of some portion of Lake Valley is anticipated to commence upon approval and filing of final plat and letting of development contracts. CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT FINAL PLAT (Preston Lakes II1) STAFF REPORT The City of Owasso has received a request from Preston Lakes Development Group, LLC. for the review and acceptance of the Preston Lakes III Final Plat of 147 residential lots, in six (6) blocks on approximately 47.48 acres. The application was originally presented to the Owasso Planning Commission in June, 2004 but was tabled to allow the applicant time to resolve flood plain issues along the southern perimeter. Since that time the applicant submitted and received approval on an alternative version of Preston Lakes III that included significantly fewer lots (66). The resubmission essentially eliminated lots along the southern perimeter that were affected by the flood plain. The altered version has not been filed with the Rogers County Clerk. The applicant has now resolved the flood plain issues along the southern boundary of the original version of Preston Lakes III and wishes to reinstate the request to approve the original version of the Preston Lakes III final plat. BEARING DATE November 8, 2004, Planning Commission LOCATION The property is generally located east of existing Preston Lakes 11, on the west side of N. 1615` E. Ave. 4110 mile south of E. 96a' St. N. A general area map that further depicts the subject property's location is attached. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Paradise Valley large lot residential South: Centennial park East: Centennial park West: Preston Lakes H and Whispering Pines large lot residential PRESENT ZONING The subject property is currently zoned residential under the provisions of OPUD 15. SURROUNDING ZONING North: RS -25 (Large Lot residential) Rogers County South: OPUD 15 — Preston Lakes PUD calling for park uses East: OPUD 15 — Preston Lakes PUD (residential) West: OPUD 15 — Preston Lakes PUD calling for park uses ZONING HISTORY August, 1998: The City of Owasso reviewed and approved a PUD (Planned Unit Development) for the Preston Lakes area including the subject property. The PUD outlines the subject property as single family residential development. April, 2003: The Owasso Planning Commission approved a preliminary plat for Preston Lakes III. The conditions of that approval are listed below: 1. Addressing will be provided prior to the final plat submittal. 2. An addition to the covenants stating, "All single family residential structures shall front to the street with the greatest building setback ", is required. 3. Question whether Lot(s) 28 & 29, Block 1 and Lot 24, Block 3 can accommodate residential structures. Please provide copies of house plans that can be accommodated on these lots. 4. Please provide an access point along N. 161` E. Ave. 5. Hydrant locations must be coordinated with the City of Owasso Fire Department. The conditions of the Preliminary Plat should be addressed during the Final Plat stage. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. FINAL PLAT REVIEW PROCESS The Final Plat review process is initiated when a property owner submits an application to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block the applicant may forego the Preliminary plat review, in such case the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notifying abutting property owners. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat the applicant will then produce copies of the approved Final Plat for signatures from the appropriate officials and file it with the county clerk's office. The applicant will provide the city with three signed and recorded plats along with an 8 %Z X 11 copy and an electronic copy for records. ANALYSIS The current owner /developer of the subject property and the previously developed Preston Lakes additions plans to develop the area with residential uses similar to Preston Lakes II. Preston Lakes III represents a continuation of the residential segment of the proposed PUD plan for the area. The plan calls for Preston Lakes III to provide a connection for development west in Preston Lakes 1/II to N. 1615` E. Avenue in the east. Several reserve areas have been included in the platted area and will be reviewed as to their adequateness at providing detention for the property. Before any building permits may be issued, all details related to water and wastewater improvements must be reviewed and approved by the Owasso Public Works Department. The subject property lies within the Elm Creek Sanitary Sewer Relief Area and will subject to all applicable payback fees. The proposal for single family homes on the Preston Lakes III final plat is consistent with the Owasso 2010 Land Use Master Plan and is compatible with the most recent zoning decisions rendered by the Owasso City Council and Planning Commission for the area. The Preston Lakes III final plat proposes 147 lots on six (6) blocks and is subject to all requirements set forth in the Owasso Zoning Code and Subdivision Regulations, including livability space, which is the area of a given lot less areas dedicated to easements and/or building setbacks. As there exist a large GRDA easement located within the development area, the 20 lots abutting this easement will be scrutinized to provide the minimum amount of livability space for housing development. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including, but not limited to, paved streets and sidewalks. The proposed development will require no significant expansion of utilities or infrastructure. Residential sewer service will be provided by the City of Owasso, while water service will be provided by the Waal water district #3 of Rogers County. If the request is approved, City Council acceptance will be required. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the Preston Lakes III Final Plat at its regular meeting on May 26, 2004. At that meeting, utility providers and city staff were afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: 1. Provide a dedicated R -O -W for N. 153rd E. Ave. through the reserve area on the western edge of the plat. 2. Ensure that sidewalks are provided along all public roadways included in the plat to include N. 161" E. Ave. and along all reserve areas abutting public roads. Sidewalks along N. 161" E. Ave. and the reserve areas should be constructed during the initial development phases. 3. Illustrate 50' R -O -W dedication for N. 1619` E. Avenue on the plat. 4. Provide a deceleration lane along N. 161" E. Avenue for the platted entrance from said roadway. 5. Pay the Elm Creek Sanitary Sewer fee of $1580.00 per acre. 6. Pay the Owasso Storm Siren fee of $16 per acre. 7. Identify the flood plain, to include the affected lots on the plat. S. Identify the location of Elm Creek subject to the LOMR on the plat. 9. Provide livability square footage for Lots 28 & 29 of Block 1 and Lots i — 7 & 24 — 32 of Block 4. 10. Ensure clearance with GRDA on locating UIE's inside GRDA easement. 11. Coordinate Fire Hydrant location(s) with the Owasso Fire Marshall. 12. Extend the utility easement on the west side of Lot I in Block 6 south through the reserve area to connect with Preston Lakes H. 13. Name streets and address lots per Community Development. RECOMMENDATION Staff recommends approval of the Preston Lakes III final plat contingent on the successful execution of the Technical Advisory Committee conditions. ATTACHMENTS 1. General Area Map 2. Final Plat Application 3. Preston Lakes III Final Plat Subj ct Propertyn - - -l- Owasso Community Final Plat N Development Department 111 N. Main St. Preston Lakes III Owasso, OK 74055 W-.! E 918.376.1500 , NE of Preston Lakes II; W. of N. 161st E. Ave. 918.376.1597 www.cityofowasso.com 6/10 mile north fo E. 86th St. N. S Yo2 14 2004 CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 372 -2251 FAX (918) 272 -4997 PROPOSED SUBDIVISIONNAIM 1 GENERAL LEGAL DESCRIPTION OF FINAL PLAT APPLICATION t s Tc�j A-t--Cs -tom- - ,? 2 v� DEVELOPER(^ek0 AlccS' be 1.(-2+0,tLLf-ENGI14EERIARCIiITFCT C��o Proposed Zoning Proposed Use ADDRESS c3 ® SfC D ADDRESS 177 5 f L^ .0 2 T l PHONE FAX PHONE '>- 0 -�Fe �, c� , FAR :4 t 1 7av SANITARY SEWER TRACT INFORM1LITION Present Zoning Present Use Proposed Zoning Proposed Use PLAT INFORMATION Total Acres ,t 4-1-46 4f- Number of Lots (4 7 Average Lot Size D_ Z •4 L WATER SUPPLY ❑ City Main ❑ Rogers Co. RWD3 p Washington Co. RWD3 ❑ Other SANITARY SEWER ❑ City Sewer ❑ Septic ❑ Disposal Plant STREET SURFnCnvG 1 ❑ Portland Cement Concrete ❑ Asphaltic Concrete ❑ Traflic -bound Surface Course Please submit the completed application form and application fee ($100 plus $.50 per lot over 100 lots), along with the completed Final Plat Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Final Plats are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Final Plat 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 Final Plat will be reviewed. 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According to the Owasso Subdivision Regulations plats containing only one (1) lot on one (1) block may proceed directly to the Final Plat review process and forego the preliminary review. The applicants are submitting the final plat in anticipation of developing the property in a commercial manner. HEARING DATE Planning Commission, November 8, 2004. LOCATION The subject property is located in the northeast corner of E. 99' St. N. and U.S. 169 Hwy Service Rd. An area map is attached for your review. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Undeveloped South: Undeveloped/Agricultural East: Undeveloped West: U.S. Hwy 169 PRESENT ZONING CG (Commercial General District) SURROUNDING ZONING North: CG (Commercial General District) South: CS (Commercial Shopping District) East: AG (Agricultural District) — Tulsa County West: U.S. Hwy 169 No recent relevant history. 111 *2 04 iCe] 261 —Kf "T1 iZi IST The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. FINAL PLAT REVIEW PROCESS The Final Plat review process is initiated when a property owner submits an application to the City of Owasso requesting the review and acceptance of a subdivision of land. The application shall be accompanied by the correct fee and final plat drawings and covenants. If the final plat is one lot on one block the applicant may forego the Preliminary plat review, in such case the applicant will be responsible for submitting a certified abutting property owners report at the final plat stage so that staff may notifying abutting property owners. Upon receipt of a complete application city staff will begin reviewing the proposal for compliance with the Owasso Zoning Code, Subdivision Regulations and Engineering specifications. The proposed final plat will then be presented to the Owasso Technical Advisory Committee (TAC) for review and recommendation. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The TAC will forward a recommendation to the Planning Commission. The Owasso Planning Commission will hold a public hearing to determine if the application is compliant with the Owasso Zoning Code, Subdivision Regulations, and Engineering criteria. The Planning Commission will forward a recommendation to the City Council. The Owasso City Council will then determine if the final plat meets city specifications and approve, deny, or approve the final plat with conditions. If the City Council approves the Final Plat the applicant will then produce copies of the approved Final Plat for signatures from the appropriate officials and file it with the county clerk's office. The applicant will provide the city with three signed and recorded plats along with an 8 '/z X 11 copy and an electronic copy for records. ANALYSIS A Final Plat is the final map or record of a subdivision and any accompanying material, as described in the Subdivision Regulations, base on a Preliminary Plat with revisions, if any, to be submitted to the Planning Commission and City Council for approval, denial, or approval with conditions_ Ken Robinson and Albert Kemp are requesting the review and approval of the Alken final plat so that they may eventually develop the property in a manner consistent with its commercial zoning designation. The developers own in all approximately 3.5 acres of property in that comer and have an interest in subdividing it so that they may sell the subject property, roughly 1.33 acres to a prospective business. The remainder of the total property located on the north side of the subject property will be platted at a later date. According to the proposal the property will consist of 1.33 acres and be provided frontage along the U.S. Hwy 169 service road to the west and E. 99th St. N. to the south. E. 990` St. N. is a minor street providing local access east to the First Baptist Church. In an effort to reduce the potential for future traffic congestion on the service road a Limit of No Access should be established along the property's entire western perimeter. Any development that occurs on the property will be subject to a site plan review and must adhere to all subdivision, zoning and engineering requirements including but not limited to paved streets and sidewalks. The site will be provided with sewer and water service by the City of Owasso. Utility easements are established along the entire perimeter of the proposed plat. As with all properties, the developer will be responsible for providing adequate detention for any additional water run -off associated with the development of this property. Plans for the property's drainage and detention must be approved by the Public Works department. The applicant will be responsible for paying all fees associated with developing the property including the Storm Siren fee of $16 per acre, the Pleasant View Sanitary Sewer payback fee of $1,338.58 per acre, and a $100 /tap fee payable to Rogers County Rural Water District 93. An additional note of interest, there exist a large billboard sign on the southwest corner of the property. Billboard's are illegal according to the Owasso Sign Code however because the sign was in existence before the adoption of the Owasso Sign Code it is a legal non- conforming sign and allowed on the property. TECHNICAL ADVISORY C0TNMTTEE The Final Plat was reviewed at the regularly scheduled Owasso Technical Advisory Committee on October 27, 2004. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The following conditions were provided: 1. Community Development — Establish a Limit of No Access (LNA) line along the entire western boundary line, adjacent to U.S. Hwy 169; 2. Community Development — Ensure that there is adequate ROW provided for the U.S. Hwy 169 service road; 3. Community Development — Pay the Storm Siren Fee of $16 per acre before plat is filed; 4. Community Development — Pay the Pleasant View Sanitary Sewer Relief Area fee of $1,338.58 per acre before plat is filed; 5. Community Development — Pay Rogers County Rural Water District #3 $100 per water tap established in the development. Staff recommends approval of the Alken Final Plat subject to the successful execution of the TAC conditions. ATTACHMENTS 1. General Area Map 2. Final Plat Application 3. Alken Final Plat 640 Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cicyofowasso.com E 100 ST N i //subject Property E. 99th St. Alken Final Plat Robinson/Kemp NE corner of E. 99th St. N. and U.S. Hwy 169 Wr P' II CITY OF OWASSO P.O. BOX ISO OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272-4997 FINAL PLAT APPLICATION PROPOSED SUBDIVISION NAME Alken GENERAL LEGAL DESCRIPTION OF TRACT Part of NW /_4 SW /4 Sec.16, T -21 -N. R-14-E, I B &M Tulsa County, Oklahoma DEVELOPER Ken Robinson ADDRESS P.O. Box 331, Owasso OK 74055 PHONE 918 -274 -9329 FAX ENGINEER/ARCHITECT Kellogg Engineering Inc. ADDRESS_ 6755 S 4060 Road, Talala OK 74080 PHONE 918 - 275 4080 FAX TRACT INFORMATION Present Zoning Present Use Proposed Zoning Proposed Use PLAT INFORMATION Total Acres 433 Number of Lots / Average Lot Size / 3 . WATER SUPPLY ❑ City Main ❑ Rogers Co. RWD3 ❑ Washington Co. RWD3 ❑ Other SANITARY SEWER 'City Sewer ❑ Septic ❑ Disposal Plant STREET SURFACING ❑ Portland Cement Concrete ❑ Asphaltic Concrete ❑ Traffic -bound Surface Course Please submit the completed application form and application fee ($100 plus $.50 per lot over 100 lots), along with the completed Final Plat Checklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. All Final Plats are scheduled for review by the Technical Advisory Committee 13 days prior to the Planning Commission meeting at which the Final Plat 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 Final Plat will be reviewed. I (We), the undersigned developer, do submit that this subdivision has had preliminary plat approval and that all conditions of said preliminary plat approval have been met or listed below as conditions protested. DEVELOPER SIGNATURE_ 4,-t itJ DATE O L t4=t.. FZat�,,,�yo1J Conditions Protested TAC MEETING DATE OPC MEETING DATE SUBMITTAL DATE ZONING DISTRICT FEE RECEIPT NUMBER APPROVED DENIED R li E SURWIOR' I1s1x smEErl 1:.11 Benchmark Surveying & Land SIM ces, Inc. -I tf P.0 Bm 10]2 Ok nnnma ]tn5o ry I'ln' P a'n (B B� Q.i 9081 NI _ En..r asrH ,rFECt xoAm rt Final Plat ALKEN An .:emrmn ro rzE cnv ov nwas,o 1u[Sl mvnn. anuuon. OWNERO�LOPER: Kcn Robinson and Nben Knmp P0.9s R1 0— 0 ' mn 79055 11 : (9 18) 274 -0329 ENCINEER Kellogg Engineering, Inc. 6955 Son' i0o0 Roo` %Idl .'Wh ma ]� @0 Phone: (912) 275-4050 L\ Plnt No IL oaad oaw,lwn [ my e.1 a In- m.rvwn w.. _ _ mm�.m cvrvxr �� cCEii E. nw¢�mi ,(ea[a vm.m u[rtmoaE w,w. OWNER'S QRPEICATE wm.rvwmvv V[�— �— IE- vvrrt n,mzrr.v.v yO4RnEICA1E.oFn rtpe exox. nuawy�r�x w.4...'� - - -[ CERTIFICATE OF FIWt �vT yn9 W Seplempv 'b :�^nY CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT RENAISSANCE CENTER SITE PLAN STAFF REPORT BACKGROUND The City of Owasso has received a request from Ed Long for the review of the Renaissance Commercial Center site plan proposing a 19,300ft2 shopping center and a 16,000ft2 mini- storage facility on 3.26 acres of property. This application was tabled at the October Planning Commission meeting to allow the applicant time to work out site plan issues related to Board of Adjustment landscaping requirements along the southern and western property lines. The developer made several changes related to the sites layout. As such the application was re- examined by the Technical Advisory Committee on October 27, 2004. HEARING DATE Planning Commission, November 8, 2004 LOCATION The property is located at the southeast comer of N. 137th E. Ave. and E. 86th St. N. A general area map has been attached for your review. EXISTING LAND USE The property is currently undeveloped SURROUNDING LAND USE North: Owasso Public Schools Eighth Grade Center South: Greens Apartments East: Undeveloped West: Owasso Medical Center PRESENT ZONING CS (Commercial Shopping) SURROUNDING ZONING North: AG South: RM -1 (Residential Multi - Family) East: AG West: OM (Office Medium Density) SITE SPECIFIC HISTORY In 2003, the property was platted as ROC Owasso III; two lots on two blocks intended to be developed in a commercial manner. The approved plat was never filed with the Tulsa County Clerk's office and has expired. The property has since changed hands and the new applicant is in the process of establishing a new plat and site plan for the development of the property. The applicant was granted a special exception from the Owasso Board of Adjustment to allow the development of mini- storages on the property. DEVELOPMENT PROCESS: The first step in the development of a piece of property in Owasso is annexation. Annexation is the method whereby land located outside the city limits is made a part of the city. Property owners and land developers sometimes choose to have their property annexed into Owasso in order to receive Owasso municipal services, such as police protection, refuse collection, and sanitary sewer. The second step in the development of a piece of property in Owasso is rezoning. When a property is annexed into Owasso, by law it must come in classified for AG Agricultural use. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. One type of rezoning that a developer may choose to seek is a Planned Unit Development, or PUD. When a development proposes to exhibit a mixture of uses with specific regulations and standards unique to a particular tract of land, a PUD is often the preferred land use control mechanism. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. Another form of property division that can be considered in some cases is a lot split. Lot splits are minor subdivisions of property into three or fewer tracts, and do not provide for any new public streets. Typically, this is an appropriate option for a land owner who wishes to take a large undeveloped parcels of land and divide it into two or three smaller tracts. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, access, landscaping, and building footprint are presented in the site plan. Once a site plan is approved, the development is clear to apply for a building permit and to submit construction plans for the building's foundation, plumbing, electrical system, and HVAC. SITE PLAN REVIEW PROCESS The Site Plan review process is initiated when a developer or builder of a particular project submits an application for a site plan review to the City of Owasso. The application shall be accompanied by a fee and a full set of the required drawings which include a site plan, grading and drainage plan, erosion control plan, utility plan, and landscape plan. The review of the site plan begins with a thorough analysis by the City Planner and City Engineer for compliance with the Owasso Zoning Code, Subdivision Regulations, and engineering standards. The Site Plan is then presented to the Owasso Technical Advisory Committee (TAC) for review. The TAC review board provides comments on the technical aspects of the plan and presents a recommendation along with the City staff to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the site plan is compliant with city standards. The Planning Commission may grant approval of the plan as presented or with conditions. If the Planning Commission grants approval the applicant shall make any and all prescribed changes and submit a final copy to the City Planner. Once the final site plan is received and reviewed for compliance with the conditions of approval the applicant may proceed with the development process. LEGAL CONSIIDERATIONS OF A SITE PLAN REVIEW During the review of a site plan elements for consideration include specific site details such as street details, parking lots, building size and placement, sidewalks, and drainage details. The Owasso Zoning Code, Subdivision Regulations, and Owasso Engineering specifications provide appropriate guidelines for the review of all site plans conducted by city staff, the Technical Advisory Committee and the Planning Commission. ANALYSIS The requested site plan review from Ed Long is in anticipation of the development of a local commercial center in the southeast corner of E 86`s St. N. and N. 137' E. Ave. The property is currently zoned CS — Commercial Shopping. According to the Owasso Zoning Code retail shopping and office centers are categorized under Use Units # 11 through #14 and are all allowed by right in a CS district. The proposal for the mini - storage at the rear of the property is allowed in CS zoned districts by special exception as granted by the Owasso Board of Adjustment. The applicant was granted the special exception on September 28, 2004 with the condition that the applicant provides a landscape plan, to be approved by the Planning Commission, illustrating landscaping along the southern and western boundary adjacent to the Greens Apartments and across from St. John's medical complex. The proposed development is consistent with the Owasso 2010 Land Use Master Plan as it calls for 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. The proposed site plan is situated on a developing corridor of E. 86`s St. N. The roadway was recently widened to 5 lanes to accommodate expected future growth on and around the street. The proposed shopping center will consist of multiple tenant spaces. The spaces will range in sizes to be determined by the tenant demand but consists of 19,300 W. The shopping center will front and gain access from the arterial to the north, E. 86"' St. N. The entry has been widened to 45' and equipped with a median to allow ample spacing for emergency access. The mini- storage facility as proposed in the site plan consists of 2 buildings containing up to 84 units with a total of 16,000ft2 of space. As stated the storage facility will be located at the rear of the property behind the shopping center. Access proposed into the mini- storage facility will be internal from a driveway at the southwest and southeast corners of the shopping center. The storage area will not be provided direct access from the private road to the west. As the property is abutting a residential district the applicant will be responsible for providing a screening fence along the southern and western boundaries of the development. Special consideration should be given to landscaping along the boundaries shared with the Greens apartments as the owners of the apartment complex have put forth an effort to create a quality landscaped environment in the area. The Landscape Plan submitted with the application illustrates landscaping along the southern and western borders of the mini- storage facility, as required by the Owasso Board of Adjustment as well as interior parking lot landscaping. The proposed landscaping along the perimeter of the mini- storage facility consists of Austrian Pine trees which will be planted on 15' centers. The trees should grow to 20' in height and gain a circumference of up to 10 -15'. The trees should be planted with at least a 2' caliper to establish a healthy start and so that at the time of planting the required screening is established. Drainage details are being reviewed for the overall development of the Renaissance Commercial Center. The plan is to provide detention in a pond located in a reserve area located at the southeast corner of the development. The reserve area shown on the site plan is designated for detention. Before any building permit may obtained drainage plans must be approved by the Public Works department. The site will be served sewer and water by the City of Owasso. TECHNICAL ADVISORY COMMITTEE The Renaissance Commercial Center site plan was originally reviewed at the regularly scheduled Owasso Technical Advisory Committee on September 29, 2004. Those comments that have not been met by the applicant are included in the following list of conditions. The site plan was re- examined by the Technical Advisory Committee at their October 27, 2004 meeting due to the applicant revising the site layout. At that meeting utility providers and city staff are afforded the opportunity to comment on the technical aspects of the development proposal. The following comments were provided: 1. Community Development — Show dimensions of the Handicapped parking spots on the site plan; 2. Community Development — Provide two additional Handicapped parking spots and stripe the access aisles; 3. Community Development - Ensure that detention plans have been approved by the Public Works department before building permits are released; 4. Community Development - Provide a letter of consent from the Green's Apartment owner allowing the landscaping on their property along the western boundary of mini- storage facility; 5. Community Development - Ensure that the caps (4 total) at ends of either interior parking lot strips are of a width susceptible to adequate landscaping; 6. Community Development — Ensure that sidewalk along E. 86th St. N. remains intact and passable during and after development; 7. Fire Marshal - Locate fire hydrants on the site as directed by the Fire Marshal. RECOMMENDATION Staff recommends approval of the Renaissance Commercial Center Site Plan subject to the successful execution of the Technical Advisory Committee conditions. ATTACIBIENTS 1. General Area Map. 2. Renaissance Center site plan Application. 3. Renaissance Center site plan. Owasso Community Development Department 1 I 1 N. Main St. Owasso, OK 74055 918.376.1500 _. 918.376.1597 www.cityofowasso.com ublic S choolS sso P E. 86th St. N. e GYeeri s 4ptIs Th Site Plan Renaissance Center SE C. of N. 137th E. Ave. & E. 86th St.N. N W E S S.t. W A zoos 8 CITY OF OIT:4sso P.O. BOX 130 OWASSO, OKLAHO.',Lk 74055 (913) 277. -2251 FAX (913) 2741-4997 SITE PLAN APPLICATION TAP T E OF DEVELOPMEN uJ Retail/Commercial ❑ ❑ Of ice ❑ Industrial n ❑ El NAItiIE OF DEVELOPNIELN T_ !C e_yA A i SS � Y e. LEGAL DESCRIPTIONAINDADDRESSOFSITE A +nn.. Multi - Family Residential Planned Unit Development Other , RMATlON — a—��y °• a ULl iCp 3,ZL d feet �lr $ , Z j feet /t/z 006 -S ft BUILDING Front Rear Sides (If corner SETBACK (from center of street) S'D feet -2S feet d $ SITE Total Floor Area Total Standar Handicap Access. Loading Berth INFORMATION (non-residential) Parking Parkin g /IF aoo SVL 19 0 RESIDENTIAL No. of Single - Family No. of Duplex Dwellings Multi -Famil D INFORMATION Dwellings IBRm Units 2 +13 Yy/r.2 _FA,Y_ is is of uTegu ar or a flag lot? GrrYes ❑N from center ofestrePn feet O feet Jo. of Signs Total Sign Area sq.R. !in s To I Livability Units Space sq.R ?lease submit the completed application form and $25 application fee, along with the completed Site Plan :hecklist and all requirements thereof, to the Owasso City Planner on or before the Planning Commission ubmittal deadline as shown on the official City of Owasso calendar. 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