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HomeMy WebLinkAbout2006.03.13_Planning Commission AgendaPUBLIC NOTICE OF TIIE MEETING OF THE OWASSO PLANNING C0l51ISSION TYPE OF MEETING: DATE: TI1l: PLACE: NOTICE FILED BY: TITLE: Re,uiar March 13, 2006 x:00 PiL( Old Central 109 worth Birch Eric Wiles Community Development Director Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 9:00 Al,( on March 7, 2006 Eric Wiles, Community Development Director OWASSO PL.<1,NTNiING COMMISSION Monday, March 13, 2006 at 7:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call J. Approval of Minutes from the February 13, 2006 Regular Meeting: 4. Annexation OA- 06 -03- A request to review and approve the annexation of approximately 25 acres, located at the northwest corner E. 106`' St. N. and N. 161nE. Ave. 5. Rezoning OZ- 06 -01- A request to review and approve a rezoning for ten acres located approximately 660' south of the southwest corner of E. 96`f St. N. and N. Garnett Rd. The request is to change the zoninv for the eastern half of the ten acres from CS Commercial to CH Commercial and the Western halt of the ten acres from CS Commercial to CG Commercial. 6. Rezoning OZ- 06 -02- A request to review and approve a rezoning for approximately three acres located south of the intersection of E. 96" St. N. and N. 122" E. Ave., immediately northeast of the Smith Farm Marketplace. The request is the change the zoning of the property from AG Agricultural to CS Commercial. 7. Final Plat — Tvann Plaza IV - A request to review a final plat proposing one commercial lot on 0.9 acres, located on the south side of East 96', Stre--i Nor h and east of the Owasso EApressway, directly north of the Homa Depot, S. Repent on Monthly Building Permit activity. 9. Report on Planning Items Previouslv Forwarded to City Council, 10. Discussion of Development In and Near Owasso. 11. Adjournment. OWASSO PLANNING C01YLl4JSSION INJINUTES OF REGULAR MEETING Monday, February 13, 2006 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Kevin Vanover Dan Draper Marilyn Hinkle Duane Coppick N tiIBERS ABSENT STAFF PRESENT Chip McCulley Eric Wiles Marsha Hensley Rickey Hayes Dan Salts Joe Nurre JB Alexander Julie Lombardi The agenda for the regular meeting was posted at the north entrance to City Hall on February 1, 2006 at9:00AM. y CALL TO ORDER — Chairperson Duane Coppick called the meeting to order at 7:00 PVI and declared a quorum present. ROLL CALL 3. CONSIDER APPROVAL OF THE MI [_JTES OF DECEMBER 12, 2005 REGULAR MEETING - The Commission reviewed the minutes of December 12, 2005 Regular Meeting. Marilyn Hinkle moved and Ray Haynes seconded the minutes for approval. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion was approved 5 -0. 4. Annexation OA -06 -01 — A request to review and recommend the approval of the annexation of 41 properties along the north and south sides of East 96t Street North between North 129 a East Avenue and North 145 s East Avenue, and an explanation of the annexation services plan for the territory. Chairperson Duane Coppick presented the item and the staff report was reviewed. Eric Wiles reviewed the history of the subject properties. There are 41 properties in the study, including 18 properties in Pleasant View and 12 properties recently rezoned for OM Office use by Tulsa County. Annexation allows the City of Owasso to decide how the properties should develop and gives the City the ability to enforce its Master Plan. Staff found two ordinances, one for the properties on the south side of 96s Street North and one for the properties on the north side of 96h Street North, would be required to annex the property. The properties to the south of 96h Street North can be annexed by way of the three -sided type of annexation. If the south OWASSO PLAIVNLNG COiMNUSSION February 13,2006 Page No. 2 side properties are annexed the City must include Pleasant View Estates subdivision. This inclusion would mean that this western set of properties is 'bounded on three sides of Owasso Emits. The City can annex eighteen of the nineteen properties located on the north side and along North 136s East Ave. because the properties are each less than five acres in size. The Thompson property would not be included because it is 6.35 acres. The background of the Owasso 2G15 Land Use piaster Plan was described. The Annexation Services Plan was also discussed. The Owasso Annexation Committee reviewed the request and recommended approval. Staff published legal notice in the Owasso Report and letters of notification were mailed to property owners within a 300' radius. A letter of opposition is attached along with emails that are in favor of the annexation. Staff recommends approval of annexation OA -06- 01. The following are comments/concerns from citizens opposing the proposed annexation: John Moody — He represents the property owners that the City is trying to annex. Should these properties be annexed, they should come in as ONi, not AG. An annexation with AG zoning would be a down zoning. The southeastern properties are larger than 5 acres and are . not bordered on 3 sides. Jack Ojala —Crave history of cases. Feels it is a hurry up process and not well- thought out. The City wasn't interested until January 10'. Why? This is a quick fix annexation. Please review this case_ and consider denying the ;proposal. Why can't we generate some of the rewards that other homeowners receive from all the commercial property coming up? The homes will be tom down soon, why can't we use the properties for non - residential use? Do what is right in your heart. Kathleen Blue — On October 19 °i Eric Wiles said that there is never forced annexations. Have you been in contact with any developers that want our land ;VU. Wiles? Mary Ann Ocobock — Eric Wiles told her husband that the annexation was not going to happen because of streets not meeting the City's standards. Why is it in the best interest of the City now? Why did the City change its annexation policy? Who is putting pressure on City? David Geer — Before I purchased my property I asked the City how the 35 acres to the north would develop and was told it would develop residentially. The Master Plan is not to protect citizens. Deny the annexation proposal. We are being held to a different standard than a lot of commercial properties that are surrounded by residential property. Light to medium office space is all we are asking for. If developed residential it will be starter homes and will hurt Nottingham Estates and Pleasant View. Rob Haskins — He had annexation process questions. Sharon Davidson — On January 9a' the properties were rezoned by Tulsa County and on January I& the City discussed annexation. Was this the first time that this annexation was discussed by the City Council? It is not fair treatment to target 18 propertiesjust to reverse the Tulsa County zoning. OtiVASSO PLAN NLNG CO-NINIISSION February 13,2006 Page No. 3 Steve Johnson - Please consider what is happening at the property to the west. From the corner up to 136 E Ave is commercial zoning. He didn't receive notice when the property to the west was rezoned. Not fair to vote on something about our own property. We have an investment in this town. Our property values are impacted. Retain the OM zoning that has been granted to us. We want representation. Susan Johnson — She was there to represent her father, BiL Roseman. She is in opposition of the annexation without the Ohl zoning. Wants to know where her father's return is on his investment. Gail Williams — Lived there 7 years. No one in their right mind would live in a house on 96i1' St. No. The traffic is terrible. My property value has decrease. The City spends thousands of dollars for the character program and is not conducting themselves in a good character way. We want to make the most dollars we can. Our property- should not be considered residential. Faye Haskins — There appears to be matters between the City of Owasso and Tulsa County. This is not building a good relationship to us. Don Smith — Will not be able to enjoy his 2 acres when they develop the 35 acres for hotel. He should be able to sell his property for its highest cost. Lynn Dopps - Evaluate all the costs of this annexation and consider the loss of property values and the loss of country living. Michelle Brown — Imagine the 50' floor of the hotel balcony looking down in our backyard. Please deny this request. We are being picked out and can't get the values of our homes. The following are comments/concems from citizens supporting the proposed annexation: Kevin Coutant — He represents the supportive property owners. The challenge is one of making a reasonable decision. 1) The properties are surrounded by the city already. 2) Maintain the integrity of the Master Plan. 3) The Service Plan shows that the city services are already being provided. 4) A benefit to surrounding property owners and the community to have these properties annexed. Tim Ponton — He is in favor of annexation and the city has a good tMaster Plan that should be upheld. He lives in Nottingham Estates because it is a nice place to raise families. We bought there because of all the residential property surrounding it. Take a bold step and annex these properties Mark Wright — How can the County Commissioners have a say as to what happens in Owasso when they don't even live here? He is in full support of the annexation. Colin Kennedy — Supports annexation but does not want to see the homeowners suffer a loss. Kaye Williams — Supports the annexation. Phil Harizol — Supports the annexation. If Tulsa County had 714 Street to do over again OWASSO PLA.N1NTVG COIL IISSTON February 13, ?006 Page No. A they would do it differently. This is your chance. Jill Fabian — Concerns with the safety of her children. Doesn't wart an office building in her backyard. Supports the annexation. Ronald Foore — Ln favor of the annexation.. Praised the work of the Planning Commissioners. Laura Garrison — She had concerns with light pollution and noise pollution. There is someone that is going to be hurt by the decision, Would you want it to be 19 property owners or hundreds? Jim Siegfiied — Supports the annexation. These homeowners want commercial because of the money. They are ready to make lots of money and leave our community. Ken Christoff— Supports the annexation. Mark Wesley — He moved to Oklahoma 15 months ago. Chose Owasso because it was a small community, quiet and good schools. He supports the annexation. Caroiym Mosley— Supports the annexation: Susan Holman — Supports the annexation. Art Bausch — Supports the annexation. Ava Sandors — Supports the annexation. Melissa Collard — She moved here from Louisiana and has felt very welcomed here. Supports the annexation. Donna Weida — Concerned about crime that comes with commercial or office zoning. Supports the annexation. Randy Williams —He had concerns with increasing traffic. Supports the annexation. Roy Sandors — Annexation in order to control development. Supports the annexation. Patty Rich — She has lived in Owasso for 3 years. Has sympathy for the 8 homes on 136 E Ave but not the south side of 9661 St North. John Davis —Moved 3 years ago from Houston because of the Master Plan. Maintain the Master Plan. Supports the annexation. OWASSO PLAN UYG COi4LYIISSION February 13, 2006 Page No. J Harold Merrill — The City should be in control of the property around us. Supports the annexation. Jodi Fitch — Supports the annexation. She feels the law enforcement would improve. Kim Tumbaugh — Supports the annexation. Julie Henson — Supports the annexation. Grant Gardner — Supports the annexation. Ed Robertson — Doesn't have a problem with property owners making a profit but not at the cost of a1 the other property owners. Supports the annexation. Frosty Turpen — We need to control the growth and take control now. These property owners are going to be here a long time. It is a residential area not a commercial area. We are not trying to take the money and run. J. D. Brumbaugh — Supports the annexation. Commissioner Vanover stated that the Master Plan is a guide for the future land use in Owasso. He also explained that Tulsa County doesn't hold the same requirements as the City of Owasso does such as streets, lighting, etc. Commissioner Draper questioned Mr. Moody's statement regarding a PUD being utilized. Mr. Wiles explained that the Planned Unit Development process was discussed with Mr. Moody but no application was received. Discussion was held regarding the three -sided annexation rule. Commissioner Draper also stated that approval for this annexation would allow us to place appropriate conditions on the development, such as infrastructure, landscaping, lighting etc. He also explained that he struggles with the increase in traffic and the property value issue. Dan Draper moved to approve the annexation request; the motion was seconded by Kevin Vanover. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper — Yes Marilyn Hinkle - Yes The motion carried 5 -0. Chairperson Coppick requested a 10 minute recess at 9:30 PM. 5. Annexation OA -06 -02 — A request to review and approve the annexation of approximately 0.23 acres located at the southeast comer of the intersection of East 103', Street North and the Owasso Expressway. OWASSO PLAIVNI iG COILtiIISSION February 13, 2006 Pa .-e No. 6 Chairperson Duane Coppick presented the item and the staff report was reviewed. The development and annexation review process was described. The applicant is requesting approval to annex approximately 023 acres. It is our understanding that the applicant is requesting this annexation petition in order to start the process that will result in commercial development. The Owasso Annexation Committee reviewed the request and recommended approval. Staff published legal notice in the Owasso Report and letters of notification were mailed to property owners within a 300' radius. Staff recommends approval of OA- 06 -02. Marilyn Hinkle moved to approve the annexation request; the motion was seconded by Ray Haynes. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper — Yes Marilyn Hinkle - Yes The motion carried 5 -0. 6. Lot Tie — A request to review and approve a Lot Tie Agreement for Lots 50 and 51, Block 5, Country Estates V (11207 and 11211 East 122 Court North). Chairperson Duane Coppick presented the item and the staff report was reviewed. No easements will need to be vacated between the two lots. The single family structure located on the western lot (Lot 50) complies with all bulk and area requirements. The Technical Advisory Committee reviewed at the regularly schedule meeting on January 26h and recommended approval. Staff recommends approval of the lot tie. ivlarilyn Hinkle moved to approve the Lot Tie; the motion was seconded by Duane Coppick. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes iVlarilyn Hinkle - Yes The motion carried 5 -0. 7. Final Plat — The Villas a. Bailey Ranch. Phase H. — A request to review and recommend approval of a final plat proposing one multi - family lot on 6.01 acres located north of the northeast corner of East W' Street North and North Mingo Road. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was explained. The subject property is located within the Bailey Ranch PUD and zoned for residential multi- family. The request was reviewed and approved by the O-WASSO PLANNING CONDflSSION February 13, 2006 Page No. 7 Technical Advisory Conumnee meeting on January 25, 2006. The following TAC recommendations were addressed: 1. The applicant must identify the legal and graphically indicate the point of commencement and point of beginning. 2. The applicant must include language regarding the drainage detention in the deed of dedication. Kevin Vanover moved to approve the Final Plat for the Villas at Bailey Ranch, Phase II subject to TAC recommendations. Also subject to the following: 3. Define the Limits of No Access 4. Subject to the plat showing Exchange Bank instead of RCB. The motion was seconded by Dan Draper. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper - Yes Marilyn Hinkle - Yes The motion carried 5 -0. 8. Final Plat — IBC of Owasso — A request to review and recommend approval of a final plat proposing one commercial lot on approximately 0.985 acres located south of the southwest corner of East 96'' Street North and North Garnett Road. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was described. The request was reviewed by the Technical Advisory Committee meeting on January 25, 2006. Staff recommends approval without condition. Commissioner Vanover recalled a request for a statement of floodplain location which was discussed at the Technical Advisory Committee meeting. Mr. Tim Terral from Tulsa Engineering assured Commissioner Vanover that it will be addressed at City Council. Duane Coppick moved to approve the Final Plat for IBC of Owasso subject to TAC and Staff recommendations and subject to a statement of floodplain location from FENL-k. The motion was seconded by Marilyn Hinkle. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper — Yes Marilyn Hinkle - Yes The motion carried 5 -0. OSyASSO PLANNLNG COiWNUSSION February 13, 2006 Page No. 8 9. Final Plat — Tvann Plaza VI — A request to review and recommend approval a final plat proposing one commercial lot on approximately 1.91 acres of property zoned CS (Commercial Shopping), located southeast of the Owasso Expressway and East 96x' Street North. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was described. The subject property is zoned CS (Commercial Shopping Center) District. The Technical Advisory Committee reviewed the request at the January 25, 2006 meeting. The Following TAC recommendations were addressed: 1. The applicant must tie the legal description to a monument. 2. The applicant must relocate the 25' building line over to the utility easement along the western edge of the property. Marilyn Hinkle moved to approve the Final Plat of Tyann Plaza VI subject to TAC and Staff recommendations; the motion was seconded by Ray Haynes. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper — Yes Marilyn Hinkle - Yes The motion carried 5 -0. 10. Final Plat — The Falls (a Garrett Creek Amended — A request to review and recommend approval of an amendment to the Falls at Crarrett Creek, proposing 24 residential lots on 15.18 acres located southwest of the interchange of the Owasso Expressway and East 116'h Street North. Chairperson Duane Coppick presented the item and the report was reviewed. The platting process was described. The development will be served by City of Owasso sewer and water by Rural Water District No. 3 Washington County. Detention has been addressed with the establishment of a detention facility located in the northwestern portion of the addition. Owasso Technical Advisory Committee reviewed the final plat at the January 25, 2006 regular meeting. The following TAC recommendations were addressed: I. Applicant must indicate that the existing detention facility will be receiving water from both the residential and commercial properties. 2. Applicant must eliminate addresses on Lots 1, 2, 3, & 4, Block 2 along North 133" East Avenue. Discussion was held regarding the shared detention facility with no ownership. The Commissioners have a problem with the commercial tract not having any responsibilities and the possibility of the potential run -off being nasty from the commercial area. Mr. Mr. Denny Woolman, the applicant, was present to address any concerns. He stated that the pond will contain some water at 0 times and there will be a nice walking trail for the residents. Mr. Joe OWASSO PLANK LNG COiMNnSSION February 13, 2006 Page No. 9 Nurre, Public Works Engineer, explained that the pond is still under review but are getting close to a resolution. It's a very diffctdt design, the parties need to work it out and develop a legal solution. Mr. Nurre also recommended making the commercial party responsible for a portion of the fees so the homeowners won't have full responsibility. i\/Ir. Woolman suggested the second pond, on the commercial side, have a separate drainage ditch. Dan Draper moved to approve the Final Plat for The Falls@ Garrett Creek Amended subject to the above TAC and Staff recommendations being met. Also subject to the following recommendations: 1. State the Limits of No Access on Lots 1, 2, 3 and 4, Block 2 along North 133 East Ave. 2. The 11' sanitary sewer easement to be moved toward North 133 East Ave. 3. The adjacent commercial property owner must share ajoint financial .responsibility to be determined by the parties. The motion was seconded by Duane Coppick. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper — Yes Marilyn Hinkle - Yes The motion carried 5 -0. 11. Site Plan The Villas at Bailey Ranch Phase H — A request to review a site plan for Villas at Bailey Ranch Apartments Phase IL proposing to locate 156 multi - family dwellings within twelve buildings on 6.01 acres, located northeast of the intersection of East 86s' Street North and North Mingo Road. Chairperson Duane Coppick presented the item and the report was reviewed. The development process was described. The applicant is requesting this review in order to facilitate a multi - family development on 6.01 acres. The Owasso Technical Advisory Committee reviewed the plat at the January 25, 2006 meeting. The following recommendations were made: 1. Applicant must provide the city engineer with drainage calculations. 2. Applicant must coordinate parking lot fighting with the City Planner. 3. Applicant must adhere to the Owasso Sign Ordinance. Staff recommends approval of the Villas at Bailey Ranch Phase II. Discussion was held regarding an additional trash enclosure for the new phase. 01VASSO PL VNNLYG CONINIISSION February 13, 2006 Page No. 10 Duane Coppick moved to approve the Site Plan for the Villas at Bailey Ranch, Phase II subject to TAC and Staff recommendations being completed. Also subject to, adding at least one if not two trash enclosures to the site plan. The motion was seconded by Ray Haynes. The motion was recorded as follows: Duane Coppick - Yes Rav Haynes - Yes Kevin Vanover - Yes Dan Draper — Yes Marilyn Hinkle.- Yes The motion carried 5 -0. 12. Site Plan — Starbucks Coffee Shop - A request to review the site plan for Starbucks, proposing to locate a 4,451 square feet building on a 0.66 acre tract located on Lot 9, Block 2 in the Smith Farm Marketplace, just south of Applebee's. Duane Coppick moved to approve the Site Plan for Starbucks Coffee Shop subject to TAC and Staff recommendations being completed.: Also subject to, the handicap parking signage being pushed to the other side of the sidewalk. The motion was seconded by Ray Haynes. The motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes Dan Draper — Yes Marilyn Hinkle - Yes The motion carried 5 -0. 13. Report on Monthly Building Permit Activity. 14. Report on Planning Items Previously Forwarded to City Council. 15. Discussion of Development In and Near Owasso 16. Adjournment — Duane Coppick moved, Dan Draper seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Duane Coppick - Yes Ray Haynes - Yes Kevin Vanover - Yes O�NASSO PLANNING CO1ItiIISSION February 13, 2006 Page No. 11 Dan Draper - Yes Maril,m Fink-le - Yes The motion carried 5 -0 and the meeting was adjourned at 11:15 PM - Chairperson Vice Chairperson Date MEMORANDU I TO: PLANNING CUNLNUSSION FROM: ERIC WILES CONLMUNITY DEVELOPMENT DIRECTOR SUBJECT: ANNEXATION— (OA- 06 -03) DATE: February 16, 2006 BACKGROUND: The City of Owasso has received a request to review and approve the annexation of approximately 25 acres, located at the northwest corner E. 106a St N. and North 161` East Avenue. The property is currently undeveloped. A general area map has been attached for reference. Properties north, south, east, and west of the property are large lot single- family in use. The subject property is currently zoned AG Agricultural by Rogers County. 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 and fire 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. 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. ANNEXATION REVIEW PROCESS• The annexation process is initiated when a property owner submits a petition to the City of Owasso requesting that the City bring the property into the City limits. The applicant must submit as part of the request a signed petition requesting the annexation, an accurate legal description and map of the property being requested for annexation and a certified 300' radius report so that staff may send legal notices to surrounding property owners. Upon receipt of all appropriate materials the staff initiates the review process which begins with a thorough analysis of the request. The primary consideration is the property's compliance with the Owasso Annexation Policy. The policy establishes a set of guidelines that define which properties are considered for annexation. The annexation request is then presented to the Owasso Annexation Committee for review and recommendation. The Annexation Committee is made up of staff, elected officials and citizens. The Committee reviews the petition for compliance with the Annexation Policy and establishes a recommendation. to the Owasso Planning Commission. The Owasso Planning Commission holds a public hearing to determine if the property is compliant with the Owasso Annexation Policy and establishes a recommendation to the Owasso City Council. The Owasso City Council will make the final determination to annex the property or refuse annexation. If the property is annexed into the City limits an ordinance officially declaring the annexation is written and adopted by the City Council. Once adopted the ordinance is circulated to appropriate regional and national agencies for recording and altering maps. ANALYSIS: The staff received the annexation request from ivfr. Denny Woolman and Joseph McGraw, the owners of the 25 acres at the northwest corner of East 106"' Street North and North 161` East Avenue. The property would be made contiguous to the city limits by including the right -of -way of East 106"' Street North with the annexation. It is the staffs understanding that the owner's intent is to begin a process that will result in the development of the property for residential single - family purposes, with the portion of the property located on the immediate corner of the intersection to be reserved for future commercial use. The request is consistent with the Owasso 2015 Land Use Master Plan. At this time, a change in zoning has not been requested and the future design of the property is not yet known. If the property is annexed into the City of Owasso, the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The site has conformed to all City of Owasso requirements and has been approved for development. The property will be served water and sewer by the City of Owasso. The applicant has been notified that the property would be required to pay $2,580 per acre for wastewater payback fees and $16 per acre for storm siren fees. These fees would be due at the time a plat is filed for the property. The staff has published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. O`VASSO ANNEYATION COMMITTEE: The Owasso Annexation Committee considered the request at their meeting on February 22, 2006. At that meeting, the committee unanimously voted to recommend approval of the annexation request. RECONiIIENDATION: The staff recommends approval of OA 06 -03. ATTACHMENTS: 1. General area map 2.. Applicants' annexation request E. 106st ST. N Woodland View Owasso Community Nelopment Department 111 N. Main St. Owasso, OK74055 918.376.1500 18376.1597 - ww.cityofowasso.com ®A 06 -03 Village Addition a N r. t0 T _i Subject ]Property XAcGraw avisson _ wart REALTORS January 23, 2006 Mr. Rodney J. Ray City of Owasso City Manager P.O. Box 180 I I I North Main Owasso, Ok. 7 055 Dear Mr. Ray: �,rn1 w la- We are herein requesting that the C it) of Owasso annex the 26 acre tract that Prestige Pond LLC owns at the Northwest corner of 106`1' Street North and 16 Is' East Avenue (See attached legal description). If we may be of further assistance please feel free to contact us at your convenience. Very truly yours, Jos eplrtiICGraw Denny- Woolman 2106 South Atlanta Place • Tulsa, OK 74114 - (91 S) 592 -6000 - FAX (9 t8) 749 -2310 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF Otii ASSO FROM: ERIC WILES CON, L UN= DEVELOPMENT DMECTOR SUBJECT: OZ- 06-01, A REQUEST FOR REZONING OF 10 ACRES LOCATED 660' SOUTH OF E. 96T" ST. AND N. GARNETT ROAD DATE: March 7, 2006 BACKGROUND:. The staff has received a request to rezone ten acres from CS Commercial zoning to CG Commercial zoning (for the western five acres) and CH Commercial zoning (for the eastern five acres). The property is located 660' south of the intersection of E. 96"` St. N. and N. Garnett Rd., on the west side of Garnett. The annexation of the property, part of a 20 acre tract, was approved in December, 2005, A general area map is'attached for review. The property is being developed commercially, with a final plat for IBC bank being approved for a portion of the property on February 13, 2006. The request was made to further facilitate the development of the property for commercial use, in accordance with a contract between the property owner, Owasso 20 LLC and the City of Owasso. The contract between the owner and the City of Owasso was made to provide right of way for the recent widening of North Garnett Road. PROPERTY CHARACTERISTICS: The property is currently undeveloped, with the IBC bank expected to develop a portion of the property soon. Property to the north is developing commercially. Land to the east is occupied by Smith Farms Marketplace. The Faith Lutheran Church sits south of the site. Property to the west is undeveloped. The subject site is ten acres in size. The property will be served by municipal water, wastewater, police, fire, and EMS service. DESCRIPTION OF CG AND CH ZONING DISTRICTS: The commercial districts are designed to accommodate a variety of convenience, neighborhood, and regional shopping centers providing a wide range of retail and personal service uses. Developments occurring in commercial districts are required to gain site plan approval prior to obtaining building permits. The only use difference between CG and CH districts is that wholesale operations must obtain special exception approval to locate within CG areas, whereas they are permitted by right in CH areas. There are three bulk and area differences between CG and CH. Lots within CG zones must be at least 50' wide (150' if located on an arterial), while there is no minimum footage requirement for CH lots. The floor area ratio for CG developments can be up to 75 %, while there is no maximum ratio within CH developments. Finally, structures within CG developments must be located at least 25' from the right of way (50' ff located on an arterial), while there is no required setback from the right of way within CH districts. DE4'ELOPbIENT 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 miner 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 buildine 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. REZON- iG 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. 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 CONSIDERkTIONS OF ZOiti NG REOU -ESTS: Section 1500 of the Owasso Zoning Code outlines the city's policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on two fundamental questions: 1) Does the requested zoning allow a land use that is appropriate for the subject property, and 2) Is the requested zoning in conformance with the Owasso Land Use Master Plan? Development considerations such as traffic, roads, grading drainage, stormWater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The majority of this property has yet to progress through the platting and. site planning process, although IBC bank has platted one acre in the southeastern part of the property. ANALYSIS: The Owasso 2015 Land Use Master Plan designates the property for commercial use. The requested zoning designations, CG General Commercial and CH High Intensity Commercial, are allowed within the master plan's designation for the property. If the application is approved, the eastern five acres of the subject property would be zoned CH Commercial, and the western five acres of the subject property would be zoned CG Commercial. The property will be developed for commercial purposes, while the western remainder of the overall 20 acre tract is planned for use as a regional detention facility in the Owasso Stormwater Master Plan.. The staff has received neither phone calls nor correspondence regarding the request. RECOMMENDATION: The staff recommends approval of OZ- 06 -01. ATTACHMENTS: 1. Case map 2. Right of Way contract between Owasso 20, LLC and the City of Owasso Property Owasso Community ;velopmentDepartment O7 O�_ 111 N. Main St LL 01 1 Owasso, OK74055 918.376.1500 .-)18.376.1597 rww.Oltyofowasso. COm SM!TH FARMS MARKETPLACE N CONTRACT THIS AGREENMNT, by and between Owasso 20, LLC, an Oklahoma limited liability company, hereinafter referred to as Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City. 'WTINESSETH 1. SALE. In consideration of the sum of Two Hundred Eighty-Six Thousand, Eight Hundred Eighty and 00 /100 Dollars (5286,880.00), 28,688 square feet at $10.00 per square foot, to be paid by the City to the order of Seller, as hereinafter provided, the parties have agreed that Seller shall sell, transfer and convey to the City by good and sufficient special warranty deed the following described real property in Owasso, Tulsa County, State of Oklahoma, to -wit: See Exhibit A attached hereto, together with all improvements thereon and hereditaments and appurtenances there unto belonging, free and clew of all liens, mortgages, easements, assessments and encumbrances of every kind and character whatsoever, and to warrant the title to same by through and under Seller. 2. CLOSING. The Closing shall occur on a mutually acceptable date, but in no event later than April 1, 2005. At Closing, Seller shall execute, acknowledge and deliver to City a good and special warranty deed in statutory form, conveying to the City all of said property, free and clear of all taxes, liens and encumbrances. Concurrently with the delivery of said deed, Seller shall deliver to City quiet and peaceable possession of all of said property. 3. SPECIAL CONDITIONS. A. Employees, agents or contractors representing the City of Owasso and /or the Owasso Public Works Authority shall be permitted the right to enter upon the above described property prior to the Closing of this transaction as above stated to construct a street and utility relocation project for the Garnett Street Widening Project. The City of Owasso and/or the Owasso Public Works Authority hereby indemnifies, defends and holds Seller harmless from and against all cost, loss, expenses and claims (actual or threatened) incurred by Seller with respect to the work to be performed herein prior to the Closing; B. The City hereby assures to Seller that any current or future onsite stormwater detention requirements of the Owasso 7, LLC property referred to as Parcel No. 4 of the 96a' and Garnett Road Intersection Improvements Project, as well as the tract of land owned by Betty Smith from which right of way for the referred to project is also being obtained as Parcel 9 thereof, may be accommodated offsite by detention on the back half of Seller's tract subject only to a separate agreement among Betty Smith, 5113981:225700U1574 Owasso 7, LLC and Seller. in conjunction herewith, the City hereby assures to Seller that the Owasso 7, LLC property and the Betty Snuth property may utilize then existing City storm sewer pipes, box culverts, public rights of way, dedications and easements granted to the City to enable said properties to access the stormwater detention facilities on the western half, i.e., the `back" half of Seller's tract, subject only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller; C. The City shall, at the City's sole cost and expense, cause the electrical lines east and parallel to Seller's tract to remain on the eastern side of Garnett Road in the then existing right of way and parallel to Seller's tract; D. At the time that Seller designates to the City a predetermined time for the annexation Of Seller's tract, the City, within a reasonable amount of time &pm such notification, shall cooperate and support the annexation request as well as cooperate and support a request from Seller, subsequent to annexation, for a rezoning of Seller's tract to (1) a combination of Commercial High "CH" and Commercial General "CG" of the east ten (10) acres of Seller's tract and (2) Residential Multi - Family of the west ten (10) acres of Seller's tract with developmentally adequate curb cuts; E. Seller, for no additional consideration, hereby grants unto the City an Option to Purchase the eleven (I1) acres on the western half, i.e., the `back half' (the "ODUO Prot . '), to utilize same exclusively as a regional park and storrawater detention facility for a price of $1,437,430.00 as adjusted upward for the cost of any improvements paid for by Seller (as adjusted upward, the "Purchase Price'). The regional park and stormwater detention facility will accommodate Seller's tract, and the Owasso 7, LLC and the Betty Smith properties' onsite stormwater detention requirements, subject only to a separate agreement among Betty Smith, Owasso 7, LLC and Seller. ha the event the City exercises the Option to Purchase, City, at Seller's request, shall have an appraisal of the Option Property conducted by an MAIA qualified appraiser mutually satisfactory to both Seller and City, a copy of which shall be delivered to Seller for review. In the event Seller and City agree with the appraiser's determination and the appraised value of the Option Property is higher than the Purchase Price, Seller and City hereby agree that the amount in excess of the Purchase Price (the "Excess Amount) shall be deemed to be a `bargain sale" under the Internal Revenue Code of 1986, as amended, and a tax deductible contribution made by Seller to City and City shall furnish Seller any appropriate acknowledgement regarding the Excess Amount to such effect. In the event the City exercises the Option to Purchase and the City encloses the earthen channel in a concrete box culvert, the box culvert must be constructed within the thirty (30) foot wide Stormwater Drainage Easement referred to in Paragraph F. below. In addition, if the City exercises the Option to Purchase and Seiler has constructed a detention pond to accommodate the properties of Seller, Owasso 7, LLC and Betty Smith, Seller, Owasso 7, LLC and Betty Smith shall not be (i) charged 51 1398.2:215 -, 00:01574 any fees by the City, (ii) required by the City to detain any water on -site, or (iii) required by the City to meet any further detention requirements. The Option to Purchase may be exercised by the City at any time within five (5) ,years from the date hereof by the City giving written notice to Seller of City's intent to exercise said option. In the event such Option to Purchase is exercised by the City, Seller and City shall enter into a mutually agreeable contract regarding same witbin 30 days from the date the Option to Purchase is exercised by the City. The Option to Purchase granted hereby is not assignable by City without the prior written consent of Seller or Seller's assignees or successors in interest; Seller, for no additional consideration, shall grant unto the City a Grading Easement in the form and substance of the Grading Easement being attached hereto as Exhibit B, to facilitate the construction by the City and utilization by others only with the written permission of Seller, of an earthen channel on contiguous property owned by 96" & Garnett, L.L.C. The City shall design and construct the earthen channel at its sole cost and expense. Seller shall reimburse City one -half (1/2) of the cost of the construction only of the earthen channel up to and not to exceed $40,000 and the other one -half (1/2) shall be reimbursed by 96th & Gamett, L.L.C. The earthen channel shall be located along the northern boundary of Seller's tract but located upon the contiguous land of 96" & Garnett, L.L.C. referred to above. As a continuing condition of the grant and payment referenced above, the City shall notify Seller by regular mail of other property owners, within the same drainage basin as Seller's tract is located, processing with the City any developmental plat. The determination of what real property is located within the same drainage basin as Seller's tract shall be made by the City referencing and utilizing the then most current Federal Emergency Management Agency (FEMA) floodplain and floodway maps applicable to the City of Owasso, Tulsa County, Oklahoma. The City shall provide such notification to Seller at the inception of the City's receipt for processing of a proposed Preliminary Plat from a. landowner, or his/her representative, of property within the same drainage basin as Seller's tract. The City shall enforce and hereby' assures to Seller that no post development water shall be placed in the earthen channel without Seller's prior written permission and that all post - development access to the earthen channel shall be restricted by the City unless such permission is granted by Seller in writing. A condition precedent or co- existeut to the obligation of Seller to grant the above referenced Grading Easement as well as the agreement to bear one -half (112) of the cost of the construction by the City of the earthen channel, is the agreement on the part of 96' & Garnett, L.L.C. with the City to grant an unrestricted thirty �30) foot wide Stormwater Drainage Easement on the southern boundary of the 96 & Garnett, L.L.C. property which is contiguous to the north of Seller's tract; G. The City hereby acknowledges and agrees that the floodplain located on the 96th & Garnett, L.L.C. property adjacent to Seller's tract has been filled in and no longer reflects the condition as mapped by the current FEMA maps of the 96th & Garnett, L.L.C. property. The City further acknowledges and agrees that compliance by the 511399.2:225700 01574 96th & Garnett, L.L.C. property with any on -site detention and floodplain requirements of the City shall not be met unless the floodplain on the 96th & Garnett, L.L.C. property is analyzed per the conditions of the existing FEMA maps; and H. The City agrees that Seller may designate prior to Closing that this transaction shall be conducted as a Section 1031 Exchange under the Internal Revenue Cade of 1956, as amended, provided that Seller pay all costs associated with the Section 1031 Exchange and the Closing is not delayed. If Seller elects such option, the City shall cooperate with Seller to effect the Section 1031 Exchange. All costs and expenses in connection with such Section 1031 Exchange shall be the responsibility of Seller. Seller shall indemnify the City from and against any and all loss, liability, damage, cost or expense suffered or incurred by the Section 1031 Exchange and such indemnity shall survive the Closing. The provisions of Section 3 shall survive the Closing of this transaction. IN WITNESS WHEREOF, the�'p^art�ie,s.'ha-ve executed this Contract at Owasso, Oklahoma, this day of !V W 2005. t ctY of °3 1 OPPICI4L Attest: Sherry Bish3p, City Cler 511398.228700.01574 4 SELLER: Owasso 2U, LLC $y: Lk _ Jo &X. Bumganter, ., Manager CITY: City of Owasso, Oklahoma By: JL49& IWrllh7 Oi-C Susan Kimball, Mayor E:Jubit A Legal Description (OWASSO 20, LLC - ADDITIONAL G ARNETT IL'W) A TRACT OF LAND THAT IS PART OF THE WESTERLY 43.50' OF THE EASTERLY 60.00' OF THE S/2 OF THE NE/4 OF THE NE/4 OF SECTION 19, T -21 -N, R -14-E OF THE INDIAN BASE AND MERIDLkN, , CITY OF OWASSO, TULSA COUNTY, OKLAHObIA, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE NORTHEAST COB'NER OF THE S12 OF THE NE 14 OF THE IN'E14 OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY LINE THEREOF FOR 16.50' TO THE "POINT OF BEGNNLNG" OF SAID TRACT OF LAND; THENCE S 00 005'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE SOUTHERLY LINE OF THE S12 OF THE NE/4 OF THE NE/4; THENCE N 89 °58'53" W ALONG SAID SOUTHERLY LINE FOR 43.50; THENCE N 00 °05'04" W AND PARALLEL WITH AS MEASURED 60.00' PERPENDICULAR FROM THE EASTERLY LINE OF SECTION 19 FOR 659.49' TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NE/4 OF THE NE/4; THENCE S 89 °59'19" E ALONG SAID NORTHERLY LINE FOR 43.50' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. 511399.21M MO 5 ExllibltB Grading Easement 51139A1:225700915/3 City of'Owasso Grading Easement KNOW ALL iVIEN BY THESEPRESEN'TS: That the undersigned Owasso 20, LLC, an Oklahoma limited liability company (hereinafter called "Grantor'), the owner of the legal and equitable title to the following described real estate situated in Tulsa County, State of Oklahoma, for good and valuable consideration, acknowledgement thereof being made hereby, does hereby grant and convey unto the City of Owasso, Oklahoma (hereinafter called "City"), a grading easement with the right to erect, construct, install, and thereafter use, inspect, repair, maintain, replace, and remove through, over, under and across the following described property, situated in said county, to wit: Sze Exhibit A (hereinafter the "Grading Easement Tract "). This Grading Easement is hereby established by grant of the Grantor as a noa- exclusive easement for the purpose of permitting construction of an earthen channel on lands contiguous to Grantor's land as well as providing for continuous bank stabilization and erosion control, and the Grantor, for itself and its administrators, successors, or assigns, covenants and agrees that, except as provided in this Grading Easement, (i) no fence, wall, building, structure, or other obstruction will be placed, erected, installed, or permitted upon the Grading Easement Tract, and (ii) there shall be no alteration of the grades or contours in the Grading Easement Tract, which will violate the Federal Emergency Management Agency (FENIA) floodplain and floodway maps applicable to the Grading Easement Tract. Grantor further covenants and agrees that in the event the terms of this paragraph are violated by the Grantor, or its assigns or successors in interest, such violation will be corrected and eliminated within 30 days of receipt of notice from. the City, its successors or assigns, or the City shall have the right to correct and eliminate such violations, and the undersigned, its assigns, or successors in interest shall promptly pay the actual cost thereof. Notwithstanding anything to the contrary contained in this Grading Easement, this Grading Easement and the rights created hereunder are not exclusive, and Grantor and its successors and assigns may (a) grant, convey or confer any similar or other easement on, over or across the Grading Easement Tract for the benefit of others, in its sole discretion and without the approval of the City, provided that such grant or conveyance shall not interfere with the rights granted to City in this Grading Easement, (b) construct, erect or install fences, walls, buildings or other structures upon the Grading Easement Tract, and (c) alter the grades or contours in the Grading Easement Tract, so long as the items set forth in (a), (b) or (c) do not violate the Federal Emergency Management Agency (FENIA) floodplain and floodway maps applicable to the Grading Easement Tract. It is further understood and agreed by the City that any excavated fill generated by the grading of the earthen channel shall at all times remain on Grantor's land. It is further understood and agreed by the City that if and in the event the earthen chanucl erected, constructed, installed, laid and thereafter used, inspected, repaired, maintained, or replaced in the area that is contiguous to the Grading Easement Tract herein provided shall ever, for any reason, (a) be abandoned by the City, its successors or assigns, or (b) be enclosed in a conveyance system, then in any of such events, this Grading Easement shall revert to the heirs, assigns, administrators or successors of the Grantor. Grantor hereby warrants title to said land, and agrees to defend the title thereto unto City, against any and all persons claiming same by, through or under Grantor, but not otherwise. 51=13:z?rao:at574 The terms and conditions of this Grading Easement shall be binding upon and inure to the benefit of the parties hereto and their respective assigns, or successors in interest. IN WITNESS WHEREOF, the Grantor herein named has hereunto set its hand and seal this," day of y'%so"% 2005. Grantor: Owasso 20, LLC By, G err+ Jo C. Bumgamer, L(, Manager STATE OF OKLAHOMA) ) ss: COUNTY OF TULSA ) BOB me, the u dersi ad, a Notary Public within and for said Cdunty and State, on this M day of �= 2005, personally appeared John C. Bumgarner, -Jr., tome M kn wn to be the identical person who executed the within and foregoing instrument in writing and acknowledged to me that he executed the same as his free and voluntary act and deed on behalf of Owasso 20, LLC for the uses and purposes therein set forth. - IN WITNESS WHEREOF, I have hereunto set my had and affixed seal the day and year last above written. / r / /J' My Commission Number: O16 1363 / My Commission Expires: 511222.3:225',00:01574 Accepted this 15 day of AA A-e CH , 2005. ZY OF by CITY OF OWASSO, OKLAHOrYLA O"ICUL By: C. – i pSEAL Susan Kimball, Mayor `A�4HOt�P ATTEST: y,{.� By 4vr , 6 Sherry BisS6p, City Clerl STATE OF OKLAHObIA) )ss: COUNTY OF TULSA ) Before me, the undersigned, a Notary Public within and for said County and State, on this I!S " day of ,tA IL`L e, w , 2005, personally appeared Susan Kimball and Shen Bishop to me well known to be the identical persons who executed the within and foregoing instrument in writing and acknowledged to me that they executed the same as their free and voluntary act and deed on behalf of the City of Owasso, Oklahoma, for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My Commission Number: CCOI X33 My Commission Expires: i LU 0 11 ZCD—S' —V 5142223:2257004 1574 Not yPublic Exhibit A LEGAL DESCRIPTION FOR GRADLNG EASENIENT TRACT A TRACT OF LAND THAT IS PART OF TIE SOUTH 1 ALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (S(2 NEA NEA) OF SECTION NINETEEN (19), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDLAA CITY OF OWASSO, TULSA COUNTY, OKLAHOIVV, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: STARTING AT THE NORTHEAST CORNER OF THE S/2 OF THE NE/4 OF THE NE /4 OF SAID SECTION 19; THENCE N 89 °59'19" W ALONG THE NORTHERLY LINE OF THE S/2 OF THE NE/4 OF THE NEA FOR 60.00' TO THE 'PO ENT OF BEGINNING" OF SAID TRACT OF LAND; THENCE S OO °05'04" E AND PARALLEL WITH THE EASTERLY LINE OF SECTION 19 FOR 20.00; THENCE N 86010'30" W FOR 300.70' TO A POINT ON THE NORTHERLY LINE OF THE S/2 OF THE NEA OF THE NE/4; THENCE S 89 °59'19" E ALONG SAID NORTHERLY LINEN FOR 300.00' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND. 514e72.1N5700:01P4 NIENMORAINDUNI TO: THE HONORABLE IMAYOR AND COUNCIL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: OZ- 06-02, A REQUEST FOR REZONING OF 3 ACRES LOCATED SOUTH OF E. 96Dr ST. N, ON THE EAST SIDE OF 122 "D E. AVE. DATE: March 7, 2006 BACKGROUND: The staff has received it request to rezone ten acres from AG Agricultural zoning to CS Commercial. The property is located south of E. 96" St. N. on the east side of N. 122 d E. Ave., immediately northeast of the Smith Farm Marketplace. A general area map is attached for review. The property is proposed to develop commercially, and the staff expects to receive applications for plat and site plan approvals within the next several weeks. PROPERTY CHARACTERISTICS: The property is currently undeveloped. Property to the northeast is occupied by the Owasso "Ram" water tower and the Owasso Land Building. The Owasso Expressway lies to the southeast. The Smith Farm Marketplace is situated southwest of the site, and Oklahoma Natural Gas is located to the northwest. The subject site is three acres in size. The property will be served by municipal water, wastewater, police, fire, and EMS service. DESCRIPTION OF CS ZONING DISTRICTS: The commercial districts are designed to accommodate a variety of convenience, neighborhood, and regional shopping centers providing a wide range of retail and personal service uses. Developments occurring in commercial districts are required to gain site plan approval prior to obtaining building permits. 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. REZONLNG 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. 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 the above 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 ZONING REOL'ESTS: Section 1500 of the Owasso Zoning Code outlines the city's policy on zoning amendments. The code states that amendments will be adopted to recognize changes in the Comprehensive Plan, or to recognize changing conditions in a particular area or in the jurisdictional area. Zoning changes must be based on two fundamental questions: 1) Does the requested zoning allow a land use that is appropriate for the subject property, and 2) Is the requested zoning in confonnance with the Owasso Land Use Master Plan? Development considerations such as traffic, roads, grading, drainage, stormwater detention, utilities, rights -of -way, etc, are not to be considered until the platting stage of development. At the platting (and site planning) stage, the Planning Commission, municipal staff, and the Technical Advisory Committee work with the applicant to solve these types of specific development concerns. The majority of this property has yet to progress through the platting and site planning process, although IBC bank has platted one acre in the southeastern part of the property. ANALYSIS: The Owasso 2015 Land Use Master Plan designates the property for commercial use. The requested zoning designation, CS Commercial, is allowed within the master plan's designation for the property. If the application is approved, site will be zoned CS and will develop for commercial .purposes. The staff has received neither phone calls nor correspondence regarding the request. RECOMMENDATION: The staff recommends approval of OZ- 06 -02. ATTACM ENT: Case map - _ -_ - -r_ _-- __._____.___ - -.__. 1 i ;CPJD- -04-03 CNI f�S � i Subject Property I AG Om CG ONE [go CS OM AG \\OL PUD -1 IWW j RM -2 t� Feet 0 200 400 y I I i pi_ Jt MEMORANDUM TO: PLANNING COM]XIISSION CITY OF OWASSO FROM: ERIC WILES COiY1MU1NrrY DEVELOPiVIENT DIRECTOR SUBJECT: FINAL PLAT. TYATNN PLAZA IV DATE: March 7, 2006 BACKGROUND: The staff has received a request to approve a final plat for Tyann Plaza IV, a proposed one -lot commercial subdivision containing 3 9,3 19 square feet. The property is located on the south side of East 96`h Street North, just north of the Home Depot. The final plat and a general development plan for the entire Tyarm Plaza development are attached with this memorandum. PROPERTY CHARACTERISTICS: The property is approximately 0.9 acres in size and is zoned CS (Commercial Shopping). The subject property is undeveloped. East 96h Street North and the Owasso Expressway occupy the land north of the site. Property to the east and to the south is zoned CS and is developed for commercial purposes such as the Home Depot. The remainder of the Tyann Plaza development and the Owasso Expressway are situated west and southwest of the property. DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots, while preliminary plats are not required for one -lot subdivisions. 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 platting stage and must be remedied prior to development. After the 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. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on the single lot. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. A preliminary plat for the project is not required. Regional stormwater detention has been provided for this development. — this lot represents 2.98% of the property that is accommodated by the detention facility. Bulk and area requirements have been met as have access requirements. Water will be provided by the City of Owasso. No sewer payback fees will be required of this plat. The storm siren fee of $16 per acre will be required at the time the plat is approved by the City Council. Because of the 100' wide PSO easement that crosses a large portion of the property, the owner is also asking for a variance to allow a 30' front setback instead of a 50' front setback. The staff is supportive of the request, and the Board of Adjustment will consider the request at their March 28 meeting. The Technical Advisory Committee reviewed the Final Plat at their February 22d regular meeting. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The TAC's recommendations are attached with this memorandum and are listed as follows: • Correct the legal description. It should read east, not west, in first paragraph of Deed of Dedication. • Property is actually 0.9 acres. • Label properties to the east • There are rounding errors on the legal description on traverse. • Show adjacent easements • Show curb cuts on adjacent lot to east and show Home Depot drive. RECOMMENDATION: The staff recommends Planning Commission approval of the Tyann Plaza IV final plat. ATTACHMENTS: 1. Final Plat 2. 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I PERMIT R DATE 3?04 N 143 E Ave Roberts Homes VSC /RS -3 I I L8461 2663 1 06- 0201 -X 2/2/2006 14320 E 37 St N Roberts Homes VSC;RS -3 110.040 2630 06-0202 -X 21/2006 9104N 153 E Ct Simmons Homes PL /RS -3 108.150 2525 06- 0'_03 -X 2/2/2006 11202 N 131 E PI Strategic Builders �FGCiRS -3 116.256 2768 06- 0304 -X 3 %2/3006 11204 N 131 E PI Strategic Builders FGC / RS -3 101,052 2406 06- 0205_X 2;'2n0G6 13001 E 112 St N FGC /RS -3 112.056 2668 06- 0206 -X 2/2, /2006 11203 N 131 E PI Strategic Builders FGC /RS -3 126,420 30 f 0 06- 0207 -X 2/2/2006 13006E 112 St N Strategic Builders FGC /RS-3 100.300 2 401 )6-0208-X 2/2/2006 11201 N 113 E Ave Rausch Coleman RPIRS -3 81312' 1936 06- 0209 -X 2/3/2006 11209 N l I S E Ave Rausch Coleman RP /RS -3 79.67-41 1897 06- 0210 -X 2/3/2006 11204 N 119 E Ave Rausch Coleman RP/RS -3 73,666 1873 06- 0211 -X 2/3/2006 13804 E 92 Ct N Keith Neal Construction NURS -2 168,000 4000 06- 0212 -X 2/3/2006 10304 E 94 PI N Simmons Homes FW /RS -3 155.064 3692 06-021-)-X 2/6/2006 9802 E 108 Pl N W W Homes MH /RS -3 83,704 2112 06 -0214 .X 2/6/2006 9500 N 129 E Ave James Hoffacker Wtrfd Plz/CS 1911,000 1628 06 -OZ 1.)- 1 2/7/2006 13819 E 93 Cr N Crosbv Pools NE /RS -2 30,000 510 06-0210, -P 2/7/2006 9031 N 121 E Ave Oil Capital Signs SmFarnVCS 2,400 16 06- 0217 -S 2/812006 9031 N 121 E Ave Oil Capital Si ,gns SmFarm,/CS 25.000 232 06- 0213 -5 2/3/2006 10317 E 95 St N Simmons Homes FW /RS -3 141,703 3374 06- 0219 -X 2/9;2006 14509 E 110 PI N Simmons Homes LV /RS -3 68,964 1647 06- 0220 -X 2/9/2006 1602 E 108 St N Simmons Homes LV /RS -3 69,174 1647 06 -0221 _X 2/9/2006 .0603 N 146 E Ave Simmons Homes LV /RS -3 72.328 1734 06- 0222 -X 2/9 /2006 14502 E 109 PI N Simmons Homes LV /RS -3 69,1741 1647 06- 022; -X 2 /l0 /2006 14505 E 110 StN Simmons Homes LV /RS -3 113,610 2705 06- 0224 -X 2/10!2006 11011 N 149 E Ave Simmons Homes LV /RS -3 94,710 2255 06 -0225 -X 2;10 /2006 9540 N Garnett 96th &: Gamett LLC Cdl CtriCS 35,000 3000 06- 0226 -C 2/13/2006 9540 N Garnett 96111 &: Garnett LLC JCdI CtriCS 35,000 3000 06- 0227 -C 2/13/2006 10720 N 146 E Ave Simmons Homes LV,/RS -3 93,450 2255 06- 0228 -X 6/14/2006 9021 N 121 E Ave Freedom Builders SmFam1'CS 65,000 2300 06- 0229 -C 614/2006 11880E 36 St N Global Signs TL1CS S,GCC 72 06- 0230 -S 2' 2006 11880 E 86 St N Global Signs TL/CS 5,000 229 06- 0231 -S 2/15/2006 9703 E 90 Ct N American Heartland FW,,rRS -3 100.300 2400 06- 0232 -X 6/15/2006 11502 E 102 St N Capital Homes SGP /RS -3 106,050 2525 06- 0233 -X 6/15/2006 14502 E 103 St N Capital Homes 1LV /RS -3 79,884 1902 06- 0234 -X 2/15/2006 SS01 N 144 E Ave Strategic Builders VSC /RS -3 103,360 2530 06 -0235 -X 2/15/2006 8701 N 144 E Ave Strategic Builders VSC /RS -3 108,360 2580 06- 0236 -X 2/15/2006 11212 N 131 E PI Strategic Builders FGC /RS -3 125,160 2980 06- 0237 -X 2/15/2006 11205 N 131 E PI Strategic Builders FGC /RS -3 136,080 3240 06- 0238 -X 2/15/2006 14507 E 109 PI N Capital homes LV /RS -3 69,930 1724 06- 0239 -X 2/16/2006 11101 N 118 E Ave Rausch Coleman RP, /RS -3 88,620 2110 06- 0240 -X 2/16/2006 11112 N 120 E Ave Rausch Coleman RP /RS -3 79,030, 1383 06- 0241 -X 2/I6/2006 11209 N 120 E Ave Rausch Coleman RP /RS -3 36,436 2058 06- 0242 -X 2/16 /2006 03 N 120 E Ave Rausch Coleman RP /RS -3 30,598 1919 06- 0243 -X 2/16/2006 Et 22 N 157 E Ave Capital Homes PL1R5 -3 106,050 2525 06- 0244 -X 2/16/2006 1 N 157 E Ave Capital Homes PL/RS -3 1 14,450 2725 06- 0245 -X 2/16/2006 It 110=4 N 120 E Ave lRausch Coleman JRP /RS -3 50.010 1905 06- 0246 -N 2/!7;2006 I i 1104 N 119 E Ave lRausch Coleman JRP /RS -3 76,440 1820 06- 0247 -N 1 2/17/ =006 9509 N 136 E Ct Bakes Pools JNE /RS -2 96.500 600 06- 0243 -P � 2;'20i?G06 19045 N 121 E Ave Hopper Const,,uctlon SmFa m /CS 50.000, 1700 06- 0249 -C 3/20 /2006 9045 N 121 E Ave JAInax Signs SmFar 'CS 8,C00; i 13 06- 0250 -5 2/20/2006 110216 N 119 E Ave Premier Homes SGP /RS -3 33,200 2100 06- 0251 -N 2!20/2006 10204 N 119 E Ave Premier Homes SGPiRS -3 54.001) 2000 06- 0252 -Y 2/2012006 9021 N 121 E Ave Ama:c Signs SmFarm,'CS 5,600 117 06- 0253 -S 2;23;2006 19540 N Garn ett Global Signs Cdl Ctr'CS 3,900 57 06- 0254 -S 2;27/2006 l08 )3 E 112 St N Landmark Homes FI.1 T.S -3 72,8701 1735 06- 0255 -Y 2/281/2006 114110 E 87 Ter N 1 lAtlantis Pools BSC /RS -3 35,000 422 06- 0256 -P. 2/28/2006 11408 E 99 St N Dolphin Pools BR/RS -3 22,500 512 06 -025 i -P 2/28/2006 110210 E 99 St N IDolphin Pools HC /RS -3 27,000 308 06- 0258 -P 2/23;2006 41 3mgie ramity 4,053,042.00 96,346 SgFt 5 Commercial Remodels 234,000.00 12,128 SgFt 5 Pools 211,000.00 2352 SgFt 7 Suns 54,900.00 836 SgFt 53 Building Permits $4,552,942.00 111,862 SgFt CITY OF OWASSO RESIDENTIAL LOT INVENTOR`( STATUS February 23, 2006 QU3 ^IV IS.O ! Y OF LOTS Barnno�on Paint 11; (8;90) dG Bradtor s a; Sher Craek (2193) 83 BrenP;ccd Village (6799) 64 Broadmore heights (10/92) 37 Erackileic Crossing (11;0'4) 134 Central Parr II (7/97) 96 Chelsea Park (9104) 106 Coftae Creek (04/01) 101 Coffee Creek li (12,105) 79 Country Estates II (6/97) 163 Country Estates III (3,'99) B1 Country Estates VI (111/03) 37 Double Oaks 111 (8/93) 63 Fairways at Bailey Ranch (3/95) 80 Fairways III E;<tended (6/99) 104 Fairways V (8199) 71 Fainvays VI (12.'00) 42 Falls at Garrett Creek (12,/05) 104 Honey Creek (4/02) 202 Honey Creek If (12/04) 119 Lake Valley (02/06) 110 Metro Heights (11,01) 52 Metro Heights 11 (6/02) 42 Nottingham Estates III (91199) 23 Nottingham Estates IV (8 /G1) 20 Nottingham Estates V (3/01) 44 Preston Lakes (12/00) 272 Preston Lakes III (10iO4) 147 Remington Park If (1.1/04) 84 Sa,wgrass Parr (01/02) 178 Sawgrass Park 11 (04/05) 96 The Summit at Southern Links (6/97) 31 The Village at Silver Creek (09/02) 62 Watercolors (12,102) 40 TOTALS 3004 ,DEVELOPED 79 62 28 133 95 1G4 94 3 191 58 36 62 79 79 43 37 19 197 115 9 50 40 18 11 36 230^ 50 67 175 14 26 45 15 2336 TM AVAI LAB LE 2 G 2 2 6 .70 2 3 1 1 1 25 23 5 85 5 4 101 2 2 5 9 8 36 97 17 3 82 5 17 25 667