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HomeMy WebLinkAbout2006.11.13_Planning Commission AgendaOWASSO PLANNING COMMISSION G,-VY OF OWggsO O � � qy \� OF THE TRPi November 13, 2000 G:00 PM PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular November 13, 2006 6:00 PM Old Central 109 North Birch Chip McCulley City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 9:00 AM on November 8, 2006 Chip McCulley, City Planner OWASSO PLANNING COMMISSION Monday, November 13, 2006 at 6:00 PM Old Central 109 North Birch AGENDA 1. Call to Order 2. Roll Call 3. Approval of Minutes from the October 9, 2006 Regular Meeting. 4. Amendment to the 2015 Land Use Master Plan — A request to review and approve an amendment to the 2015 Land Use Master Plan to allow for transitional use at the northwest corner of East 116`h Street North and North 129`' East Avenue. 5. Amendment to the 2015 Land Use Master Plan — A request to review and approve an amendment to the 2015 Land Use Master Plan to allow for industrial development at the southeast comer of Mingo Road and East 76`h Street North. 6. Annexation — OA -06 -12 - A request to review and approve the annexation of approximately 2.83 acres, located at the northwest corner of 116`h Street North and 129th East Avenue. 7. Rezoning OZ -06 -07 - A request to review and approve the rezoning of approximately 25 acres from (AG) Agriculture to (RS -2) Residential Single - Family, located on the northwest corner of East 106t" Street North and North 16151 East Avenue. 8. Preliminary Plat — Kum & Go #886 — A request to review and approve a preliminary plat proposing 2 commercial lots, on approximately 2 acres, located on the northeast corner of East 86`h Street North and Main Street. 9. Preliminary Plat — Prestige Pond — A request to review and approve a preliminary plat proposing 42 residential lots, on approximately 25 acres, located on the northwest corner of East 106`h Street North and North 161" East Avenue. 10. Final Plat — Wedel Centre — A request to review and approve a final plat proposing 5 commercial lots, on approximately 7.40 acres, located east of North Garnett Road just north of East 116`h Street North. 11. Site Plan — Mingo Manufacturing — A request to review and approve a site plan proposing a 13,500sq. ft. industrial addition on approximately 3.12 acres located on the north side of East 801h Street North, I /,mile east of the Owasso Expressway, just north of Equipment One. 12. Site Plat — Goddard Pre - School —A request to review and approve a site plan proposing a 8,068 sq. ft. pre - school facility, located at Lot 8, Block 10, Preston Lakes, 14600 East 891h Street North. 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. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, October 9, 2006 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Duane Coppick Dan Draper Kevin Vanover Marilyn Hinkle David Vines MEMBERS ABSENT STAFF PRESENT Eric Wiles Marsha Hensley Chief Bradd Clark Joe Nurre Dan Salts The agenda for the regular meeting was posted at the north entrance to City Hall on September 29, 2006 at 9:00 AM. 1. CALL TO ORDER — Duane Coppick called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF SEPTEMBER 11, 2006 REGULAR MEETING - The Commission reviewed the minutes of September 11, 2006 regular Meeting. Marilyn Hinkle moved and Dan Draper seconded the minutes for approval. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle — Yes David Vines - Yes Kevin Vanover — Yes The motion was approved 5 -0. 4. Amendment to the 2015 Land Use Master Plan A request to review and approve an amendment to the 2015 Land Use Master Plan, modifying the land use distribution for the Larkin Bailey PUD, located south of E. 1061' St. N. between N. Mingo Rd. and N. Garnett Rd. Duane Coppick presented the item and the staff report was reviewed. The development process was described. The request is to further distribute transitional uses south along the west side of North Garnett Road. Also the request is to further distribute transitional uses along the southern border of the subject property between the Bailey Hospital and El Rio Vista. The request was reviewed at the regularly scheduled Technical Advisory Committee meeting on September 27, 2006. At that meeting the committee recommended approval. The majority of the property is yet undeveloped. Mr. Bland Pittman with Pittman -Poe & Associates answered a few questions regarding the zoning of surrounding property. Following a master plan amendment would be an amendment to the PUD itself. Staff recommends approval of the amendment to the land use master plan. OWASSO PLANNING COMMISSION October 9, 2006 Page No. 2 Dan Draper moved to approve the amendment; the motion was seconded by Duane Coppick. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper — Yes Marilyn Hinkle — Yes David Vines - Yes Kevin Vanover — Yes The motion was approved 5 -0. 5. Amendment to the 2015 Land Use Master Plan — A request to review and approve an amendment to the 2015 Land Use Master Plan to allow for residential development at the northeast corner of East 106th Street North and North 161" East Avenue. Currently the Owasso 2015 Land Use Master Plan calls for commercial development at that corner. Duane Coppick presented the item and the staff report was reviewed. The development process was described. If the plan amendment is approved d, the proposed residential development will consist of approximately 42 lots on the 25.22 acres, with an average lot size of 10,500 sq. ft. The applicant has also set aside three reserve areas throughout the development of green space and storm water detention. The request was reviewed at the regularly scheduled Technical Advisory Committee meeting on September 27, 2006. At that meeting the committee recommended approval. Mr. Denny Woolman was present to answer any questions. Following a master plan amendment would be a rezoning request of RS -2 and a preliminary plat that will be heard in November. Duane Coppick moved to approve the amendment; the motion was seconded by Kevin Vanover. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle — Yes David Vines - Yes Kevin Vanover — Yes The motion was approved 5 -0. 6. Final Plat — Lake Valley II — A request to review and approve a final plat proposing 118 residential lots, on approximately 55 acres, located north of East 106' Street North, '/4 mile east of North 145'h East Avenue just east of Lake Valley I. Duane Coppick presented the item and the staff report was reviewed. The residential development process was explained. The applicant is requesting this review in order to facilitate 118 residential lots on approximately 55 acres of property. The request was OWASSO PLANNING COMMISSION October 9, 2006 Page No. 3 reviewed at the regularly scheduled Technical Advisory Committee meeting on September 27, 2006. At that meeting, the committee recommended approval of the final plat with the following recommendations: 1. Applicant needs to check legal description. 2. Applicant needs to show the standard language for the utilities in the covenants. 3. Applicant must show the existing water line easements. 4. Applicant must coordinate fire hydrants with the fire marshal. 5. The property is subject to an $880.00 storm siren fee. 6. The property is subject to a $55,000.00 sewer payback fee. Mr. Tim Terrel addressed storm water drainage questions. Duane Coppick moved to approve the final plat subject to the above staff and TAC recommendations. The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle — Yes David Vines - Yes Kevin Vanover — Yes The motion was approved 5 -0. 7. Final Plat — Owasso Fire Station #3 - A request to review and approve a final plat proposing 1 lot, on approximately 3.34 acres, located at the southwest corner of East 100`h Street North and North 145' East Avenue. Duane Coppick presented the item and the staff report was reviewed. The development process was explained. Since this is a one lot development there is no preliminary plat required. The request was reviewed at the regularly scheduled Technical Advisory Committee meeting on September 27, 2006. At that meeting, the committee recommended approval of the final plat with the following recommendations: 1. Applicant needs to correct the written legal description. Marilyn Hinkle moved to approve the final plat of the Owasso Fire Station #3 subject to the above TAC and staff recommendation; the motion was seconded by Kevin Vanover. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION October 9, 2006 Page No. 4 Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle — Yes David Vines - Yes Kevin Vanover — Yes The motion was approved 5 -0. 8. Site Plan — Owasso Fire Station #3 - A request to review and approve a site plan proposing a 9,196 sq. ft. fire station on approximately 3.34 acres located at the southwest corner of East 100'h Street North and North 145 "' East Avenue. Duane Coppick presented the item and the staff report was reviewed. The development process was explained. The request was reviewed at the regularly scheduled Technical Advisory Committee meeting on September 27, 2006. At that meeting, the committee recommended approval of the site plan with the following recommendations: 1. Applicant must show floor elevations on the data table. 2. Applicant must show building height. 3. Applicant must show building dimensions to property lines. 4. Applicant must place screening fence on the western boundary, in lieu of the 200' landscape buffer. 5. Committee requested to show the required sidewalk to include a path of travel to access the facility. 6. Applicant must shield wall packs. Marilyn Hinkle moved to approve the site plan subject to the above TAC and staff recommendations; the motion was seconded by Dan Draper. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle — Yes David Vines - Yes Kevin Vanover — Yes The motion was approved 5 -0. 9. Site Plan — Hobson Elementary - A request to review and approve a site plan proposing a 4,951 sq. ft. fire station on approximately 3.34 acres located at the southwest corner of East 100'h Street North and North 145`h East Avenue. Duane Coppick presented the item and the staff report was reviewed. The development process was explained. The site plan is very architectural in nature as it is merely an addition to the existing school. No new utility extensions will be needed to serve the OWASSO PLANNING COMMISSION October 9, 2006 Page No. 5 site. The request was reviewed at the regularly scheduled Technical Advisory Committee meeting on September 27, 2006. At that meeting, the committee recommended approval of the site plan with the following recommendations: 1. Water line extension plan must be submitted to Public Works. 2. Applicant must show a typical access road section. 3. Applicant needs to indicate water and sewer easements. Storm water detention was discussed briefly. Mr. Joe Nurre from Public Works Department answers questions regarding detention in the area. Dan Draper moved to approve the site plan for Hobson Elementary subject to the above TAC and staff recommendations; the motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle — Yes David Vines - Yes Kevin Vanover — Yes The motion was approved 5 -0. 10. Site Plan — Candlewood Suites — A request to review and approve a site plan proposing a 15,353 sq. ft. commercial facility on approximately 1.05 acres located on the north side of East 96' Street North, ' /2mile east of Garnett Road, just north of Tulsa Teacher Credit Union. Duane Coppick presented the item and the staff report was reviewed. The development process was explained. The applicant is proposing a three story 15,353 sq. ft. hotel containing 88 extended stay rooms on approximately 1.05 acres. The property is zoned CS (Shopping Center District). The request was reviewed at the regularly scheduled Technical Advisory Committee meeting on September 27, 2006. At that meeting, the committee recommended approval of the site plan with the following recommendations: 1. Coordinate the placement of hydrants with the Fire Marshal. 2. Applicant must show a minimum of 20' on the fire lane. 3. Remove the tree over the sanitary sewer service line. Kevin Vanover moved to approve the site plan for Candlewood Suites subject to the above TAC and staff recommendations and subject to the additional recommendation: 4. The mutual access easement must be a recorded document in place. The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION October 9, 2006 Page No. 6 Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle - Yes David Vines - Yes Kevin Vanover - Yes The motion was approved 5 -0. 11. Site Plan - Mingo Manufacturing - A request to review and approve a site plan proposing a 13,500 sq. ft. industrial addition on approximately 3.12 acres located on the north side of East 80' Street North, � /amile east of the Owasso Expressway, just north of Equipment One. Dan Draper moved to table this item; the motion was seconded by Kevin Hinkle. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle - Yes David Vines - Yes Kevin Vanover - Yes The motion was approved 5 -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 - Duane Coppick moved, Marilyn Hinkle seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Duane Coppick - Yes Dan Draper - Yes Marilyn Hinkle - Yes David Vines - Yes Kevin Vanover - Yes The motion carried 5 -0 and the meeting was adjourned at 7:05 PM. OWASSO PLANNING COMMISSION October 9, 2006 Page No. 7 Chairperson Vice Chairperson Date MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AMENDMENT TO THE 2015 LAND USE MASTER PLAN DATE: October 30, 2006 BACKGROUND: The City of Owasso has received a request that the 2015 Land Use Master Plan be revised, changing the planned land use classification at the northwest comer of East 1160' Street North and North 12901 East Avenue from residential to transitional. The property is 2.83 acres, is currently zoned AG Agricultural, and has been requested for annexation into the City of Owasso. A general area map has been attached for your review. EXISTING AND SURROUNDING LAND USES: The property is being used residentially, and a single- family dwelling, is located on the site. Land to the north, south, and west is also used for residential single - family purposes. Properties to the east and southeast are undeveloped. PRESENT ZONING: The subject property and surrounding properties are zoned AG Agricultural, except for the acreage to the east, which is included with the Morrow Place PUD. The subject site is designated for residential use by the 2015 Land Use Master Plan, as is the neighboring property on the west side of North 129°1 East Avenue. Land on the east side of North 1290' East Avenue is planned for commercial use by the Master Plan. 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 The second step in the development of a piece of property in Owasso is rezoning. 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. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. Planned Unit Developments (PUD) are specific types of zoning classifications applied to individual properties with site - specific development requirements. 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. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted and reviewed. 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. ANALYSIS Staff received a petition from Vintage Housing requesting that the 2015 Land Use Master Plan be revised, changing the designated future land use for the parcel from residential to transitional. If the plan amendment is approved, transitional uses such as offices and multi - family uses could be considered for the 2.8 acres at the northwest comer of East 1161i Street North and North 1291' East Avenue. The request to amend the master plan has been made in conjunction with a request to annex the property. Vintage Housing proposes to develop a 40 unit senior living apartment complex on the site. The proposed name of the development is Prairie Village. In analyzing the request, the staff considered two key factors: first, what is the highest and best use of the property, and second, is the proposed land use distribution consistent and compatible with existing development patterns in the area. The staff believes that the answer to both questions is "yes ". HIGHEST AND BEST USE - The staff finds that the site is located at an arterial intersection. This location suggests that either commercial or transitional land uses would be appropriate for the property as the Master Plan calls for nodal development patterns at primary intersections like this one. When the property was evaluated as part of the Master Plan update in 2004, the property was scheduled for residential use because the property had already been developed residentially; a single - family dwelling currently occupies the site. The staff finds that the site is an appropriate location for senior multi - family uses. COMPATIBLE WITH EXISTING DEVELOPMENT PATTERNS - Existing residential properties north, south, and west of the site should be buffered from the future commercial developments that will occur east of North 129'" East Avenue. The proposed senior living development would provide such a buffer. The staff finds that the proposed land use would be compatible with the uses located on these nearby properties. Following a master plan amendment would be the development of a Planned Unit Development (PUD), a plat, and a site plan for the project. All multi - family developments in Owasso must be included with PUDs. Along with approval of a PUD, approval must also be given for a final plat of the property. After the plat is approved, a site plan would be required before any building permit could be issued. RECOMMENDATION: The staff recommends approval of the amendment to the land use master plan. ATTACHMENTS: 1. General Area Map 2. Applicant's Petition 3. Master Plan map Owasso community Development Department AMENDMENT TO THE 111 N. Main St. Owasso, OK 74055 2015 LAND USE MASTER 918.376.1500 918.376.1597 PLAN e. ,aw.cityofowasso.com STN E 112.Sf N , - W OMO W O �S N n Owasso community Development Department AMENDMENT TO THE 111 N. Main St. Owasso, OK 74055 2015 LAND USE MASTER 918.376.1500 918.376.1597 PLAN e. ,aw.cityofowasso.com October 5, 2006 Mr. Eric Wiles City Municipal Building 111 North Main Owasso, OK 74133 Dear Mr. Ray: As you know, Vintage Housing Inc. and Ronald E. Smith are co- developers of Prairie Village, an affordable housing facility for seniors age 62 and above. To this end, we have obtained an option to purchase real property having the following legal description: The East 425 feet of the South 290 feet of the SEA SEA of Section 5, Township 21 North, Range 14 East, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof, (referred to below as the "property"). The property is situated at the northwest comer of 116th Street North and 129th East Avenue. By this letter, we are requesting that the City of Owasso annex the property. The property owners support this request, as evidenced in paragraph 5.g. of the Option Agreement, a copy of which is enclosed. If additional information is required, we will be pleased to provide it. Sincerely, Bill Major Executive Director Enclosure cc: Betty J. Douthit Edwin John Douthit, Jr. Ronald E. Smith Eric, here's the language from the Option Agreement: 5.g. Grantors agree that, prior to the exercise of this option, Grantee, at its own expense, shall have the exclusive right to seek, if needed, the annexation of the Property into the City of Owasso. Grantors agree to sign whatever documents Grantee deems necessary for the annexation of the Property, and further agree not to take any action or raise any objection that might hinder Grantee's efforts to obtain such annexation. In the event Grantee is unable to obtain from the pertinent governmental agency or agencies annexation of the Property into the City of Owasso, then Grantee may, without liability, terminate this Agreement and refuse to accept conveyance of title. J MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AMENDMENT TO THE 2015 LAND USE MASTER PLAN DATE: October 30, 2006 BACKGROUND: The City of Owasso has received a request that the 2015 Land Use Master Plan be revised, changing the planned land use classification at the southeast comer of East 7e Street North and Mingo Road from residential to industrial. The property is 150 acres, is currently undeveloped and zoned AG Agricultural, and was annexed into Owasso in April, 2003. A general area map has been attached for your review. EXISTING AND SURROUNDING LAND USES: The property is undeveloped and is bordered by 76t` Street to the North, the SKO railroad tracks to the east, and Mingo Road to the west. Fin -X Manufacturing and Wild Hairs Smoke Lodge are north of the site and on the south side of East 76" Street North, while Sertoma, Group Blaksley, and Owasso Public Works lie north of the property on the North side of East 76`s Street. Across the railroad tracks to the east are a variety of commercial industrial uses including FirstBank Owasso, a mini - storage development, two wrecker services, and municipal facilities such as the vehicle maintenance shop, animal shelter, skate park, and wastewater treatment plant. To the south and west of the site are undeveloped agricultural acreages. PRESENT ZONING: The subject property is zoned AG Agricultural, as are the territories to the south and west. Land north of the property is zoned for agricultural, industrial, and commercial purposes. Properties east of the railroad are zoned commercially and industrially. 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 The second step in the development of a piece of property in Owasso is rezoning. 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. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. Planned Unit Developments (PUD) are specific types of zoning classifications applied to individual properties with site - specific development requirements. 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. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted and reviewed. 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. ANALYSIS: .The staff has received a rezoning request from Ken Robinson to zone the property for Industrial use, and that request is scheduled to be considered at. the December Planning Commission meeting. Pursuant to that rezoning request, the City has been asked to modify the 2015 Land Use Master Plan, changing the designated future use of the property from residential to industrial. If the plan amendment is approved, industrial uses such as manufacturing facilities could be considered for the 150 acres on the south side of East 7e Street North. While there are no specific developments that have made formal applications to the City for the property to this point, the site is being marketed to industrial uses. Different industrial users have reviewed the site, and are considering pursuing industrial developments for the property. In analyzing the request, the staff considered two key factors: first, what is the highest and best use of the property, and second, is the proposed land use distribution consistent and compatible with existing development patterns in the area. The staff believes that the answer to both questions is "yes ". HIGHEST AND BEST USE — The fact that industrial users are already considering locating facilities on the subject property suggests that industrial use would be viable for the property. The property's situation near the railroad and two arterials, and its distance from residential developments, demonstrates compliance with the Master Plan goal of where to locate industrial uses in Owasso. The staff finds that the site is an appropriate location for industrial uses. COMPATIBLE WITH EXISTING DEVELOPMENT PATTERNS — The site is bordered by a mixture of industrial, commercial, and undeveloped properties, and is located in the southern part of the community, the portion of Owasso where planned industrial uses are already designated on the Master Plan. The staff finds that the proposed land use would be compatible with the uses located on these nearby properties. Should the Master Plan be amended, a rezoning of the property to Industrial use would be considered in December. Then, any development proposing to locate at the site would have to be initiated with a plat, to be followed later with a site plan. RECOMMENDATION: The staff recommends approval of the amendment to the land use master plan. ATTACHMENTS: I. General Area Map 2. Master Plan map C 0 C C I. ESAK Owasso Department �iTy Develo pment AMENDMENT TO THE 111 N. Main St. Owasso, OK74055 2015 LAND USE MASTER 918.376.1500 918.376.1597 PLAN w ww. cityofowasso. corn n° e� =y� �^WWS Zoo z O y N O N O r 3 CL C co m N n)r, y O� Mi a` n)r, y O� Mi MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: ANNEXATION — (OA- 06 -12) DATE: November 1, 2006 BACKGROUND The City of Owasso has received request to review the annexation of approximately 2.83 acres, located at the northwest comer of East 116th Street North and North 129 East Avenue. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Large Lot Residential South: Large Lot Residential /Agriculture East: Agriculture West: Large Lot Residential PRESENT ZONIN G (Agriculture) Tulsa 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. 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 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 applicant is requesting to annex approximately 2.83 acres, located at the northwest comer of East 116'' Street North and North 129 East Avenue. It is the applicant's intent to develop the property as Prairie Village, an affordable housing facility for seniors age 62 and above. If the property is annexed into the City the applicant will be required to follow normal development procedures which would include PUD (Planned Unit Development) approval, final plat and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. Staff published legal notice of the annexation petition in the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. ANNEXATION COMMITTEE: The Owasso Annexation Committee reviewed the request at its meeting on October 25, 2006. At that meeting, the committee unanimously recommended approval of the annexation. RECOMMENDATION: The staff recommends approval of the annexation of OA 06 -12. ATTACHMENTS: 1. General Area Map 2. Applicants Annexation Petition E 12 ST E in 5f N._ _. ._ Owasso Conn unity Development Department 1 Main OA 06-12 Owasso, OK 7400 55 918.376.1500 918.376.1597 wwvv. cityofowasso.com MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: OZ 06 -07 DATE: November 1, 2006 BACKGROUND The City of Owasso has received a request to review and approve the rezoning of approximately 25 acres from (AG) Agriculture to (RS -2) Residential Single- Family, located on the northwest corner of East 106`h Street North and North 161` East Avenue. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Large Lot Residential (Ranch Acres) South: Large Lot Residential /Agriculture East: Large Lot ResidentiaUAgriculture West: Large Lot Residential (Ranch Acres) PRESENT ZONING AG (Agriculture) 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. 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. Specific development concerns, such as drainage, traffic, water /wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. The third step in the development of a piece of property in Owasso is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Preliminary plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. After the preliminary plat has been reviewed by the City and various utility companies, construction plans for the development's infrastructure are typically submitted. These plans include specifications and drawings for stormwater drainage, streets and grading and erosion control, waterlines, stormwater detention, and wastewater lines. Often, approval is required of other agencies, such as the Department of Environmental Quality for wastewater collection and the US Army Corps of Engineers for properties that may be development sensitive. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right -of -way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. The fourth step in the development of a piece of property in Owasso is the site plan. Site plans are reviewed by the TAC and 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. ANALYSIS The City of Owasso has received a request to review and approve the rezoning of approximately 25 acres from (AG) Agriculture to (RS -2) Residential Single- Family. It is the applicant's intent to develop the property as Prestige Pond, a residential subdivision containing 42 lots, with an average lot size of 10, 500 sq ft. The Owasso Land Use Master Plan was revised at the October meeting to allow for the residential development. The staff finds that the proposed residential development to the north and west and the existing pond at the hard corner make this request compatible with the surrounding land uses. Staff feels that the design of the development is an example of a developer working with the natural features of the land to provide for a good development. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. RECOMMENDATION Staff recommends approval of OZ 06 -07. ATTACHMENTS: 1. General Area Maps Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www. cityofowasso.com OZ 06 -07 E MEMORANDUM TO: PLANNING COMMISSION FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: PRELIMINARY PLAT (Kum & Go) DATE: November 1, 2006 BACKGROUND: The City of Owasso has received a request to review and approve a preliminary plat proposing 2 commercial lots, on approximately 2 acres, located.on the northeast corner of East 86's Street North and Main Street. A general area map is attached. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: After the Bell Recreation Center South: B & M Tire East: Brookfield Crossing subdivision West: Ator Field PRESENT ZONING CG (Commercial General 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. 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. 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 2 commercial lots, on approximately 2 acres of property. The Preliminary Plat meets all Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for commercial development. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. TECHNICAL ADVISORY COMM=E: The Owasso Technical Advisory Committee reviewed the preliminary plat at the August 23, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. No concerns were addressed Infrastructure plans that govern drainage, detention, streets, .erosion control, water, and wastewater will be reviewed concurrently by the City Engineer's office. RECOMMENDATION: Staff recommends approval of the Kum & Go preliminary plat without condition. ATTACHMENTS: 1. Case Map 2. Site Drawing STREET N O te Owasso Community Development Department 1 I 1 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 a ww.cityofowasso.corn Preliminary Flat Kum & Go § I! C *$! $ != { | CL ; , . . � C *$! $ != { | CL ; , §( 3 # 7 � Lu c§ � ! /� | �2 @!! ! � � ! ® $ != { | � ; , �2 @!! ! � � ! ® | § � �2 @!! ! � � ! ® Kum & Go #886 Deed of Dedication and Restrictive Covenants KNOW ALL MEN BY THESE PRESENTS: THAT, HAZEL E. ALLYN, A SINGLE PERSON, IS THE OWNER OF THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, TO -WIT: THE SOUTHERLY THREE HUNDRED FIFTY -FOUR (354) FEET OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (W /2 SE /4 SW /4 SE /4) LESS AND EXCEPT THE SOUTH FIFTY (50) FEET THEREOF, AND LESS AND EXCEPT THE WEST FIFTY (50) FEET THEREOF;' SECTION NINETEEN (19), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (I4). EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY THEREOF. HAZEL E. ALLYN, A SINGLE _PERSON, IS HEREINAFTER REFERRED TO AS THE "OWNER /DEVELOPER". THE OWNER /DEVELOPER HAS CAUSED THE ABOVE DESCRIBED LANDS TO BE SURVEYED, _kKED, PLATTED AND SUBDIVIDED INTO ONE LOT IN ONE BLOCK, IN CONFORMITY ,._'TH THE ACCOMPANYING PLAT, AND HAS DESIGNATED THE SUBDIVISION AS "KUM & GO #886", A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA. SECTION I. EASEMENTS' AND UTILITIES A. UTILITY EASEMENTS THE OWNER /DEVELOPER DOES HEREBY DEDICATE FOR PUBLIC USE THE UTILITY EASEMENTS AS DEPICTED ON THE ACCOMPANYING PLAT AS "U /E" OR "UTILITY EASEMENT", FOR THE SEVERAL PURPOSES OF CONSTRUCTING, MAINTAINING, OPERATING, REPAIRING, REPLACING, AND /OR REMOVING ANY AND ALL PUBLIC UTILITIES, INCLUDING STORM SEWERS, SANITARY SEWERS, TELEPHONE AND COMMUNICATION LINES, ELECTRIC POWER LINES AND TRANSFORMERS, GAS LINES, WATER LINES AND CABLE TELEVISION LINES, TOGETHER WITH ALL FITTINGS, INCLUDING THE POLES, WIRES, CONDUITS, PIPES, VALVES, METERS AND EQUIPMENT FOR EACH OF SUCH FACILITIES AND ANY OTHER APPURTENANCES THERETO, WITH THE RIGHTS OF INGRESS AND EGRESS TO AND UPON THE UTILITY EASEMENTS FOR THE USES AND PURPOSES AFORESAID, PROVIDED HOWEVER, THE OWNER /DEVELOPER HEREBY RESERVES THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE, LAY AND RE -LAY WATER LINES AND SEWER LINES, TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS FOR SUCH CONSTRUCTION, MAINTENANCE, OPERATION, LAYING AND RE- LAYING OVER, ACROSS AND ALONG ALL OF THE UTILITY EASEMENTS DEPICTED ON THE PLAT, FOR THE PURPOSE OF FURNISHING WATER AND /OR SEWER SERVICES TO THE AREA INCLUDED IN THE PLAT. THE OWNER /DEVELOPER HEREIN IMPOSES A RESTRICTIVE COVENANT, WHICH COVENANT 01128104 sky SHALL BE BINDING ON THE LOT OWNER AND SHALL BE ENFORCEABLE BY THE CITY OF OWASSO, OKLAHOMA, AND BY THE SUPPLIER OF ANY AFFECTED UTILITY SERVICE, THAT WITHIN THE UTILITY EASEMENTS DEPICTED ON THE ACCOMPANYING PLAT NO BUILDING, STRUCTURE OR OTHER ABOVE OR BELOW GROUND OBSTRUCTION SHALL BE PLACED, ERECTED, INSTALLED OR MAINTAINED, PROVIDED HOWEVER, NOTHING HEREIN SHALL BE DEEMED TO PROHIBIT DRIVES, PARKING AREAS, CURBING AND LANDSCAPING THAT DO NOT CONSTITUTE AN OBSTRUCTION. B. UTILITY SERVICE 1. OVERHEAD LINES FOR THE SUPPLY OF-ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES MAY BE LOCATED WITHIN THE UTILITY EASEMENTS ALONG THE PERIMETER OF THE SUBDIVISION. STREET LIGHT POLES OR STANDARDS MAY BE SERVED BY OVERHEAD LINE OR UNDERGROUND CABLE AND ELSEWHERE THROUGHOUT THE SUBDIVISION ALL SUPPLY LINES SHALL BE LOCATED UNDERGROUND IN THE EASEMENTWAYS DEDICATED FOR GENERAL UTILITY SERVICES AND IN RIGHTS -OF -WAY OF THE PUBLIC STREETS AS DEPICTED ON THE ACCOMPANYING PLAT. SERVICE PEDESTALS AND TRANSFORMERS, AS SOURCES OF SUPPLY AT SECONDARY VOLTAGES, MAY ALSO BE LOCATED IN EASEMENTWAYS. 2. UNDERGROUND SERVICE CABLES AND GAS SERVICE LINES TO ALL STRUCTURES WHICH MAY BE LOCATED WITHIN THE SUBDIVISION MAY BE RUN FROM THE NEAREST SERVICE PEDESTAL, TRANSFORMER OR GAS MAIN TO THE POINT OF USAGE DETERMINED BY THE LOCATION AND CONSTRUCTION OF SUCH STRUCTURE AS MAY BE LOCATED UPON THE LOT, PROVIDED THAT UPON THE INSTALLATION OF A SERVICE CABLE OR GAS SERVICE LINE TO A PARTICULAR STRUCTURE, THE SUPPLIER OF SERVICE SHALL THEREAFTER BE DEEMED TO HAVE A DEFINITIVE, PERMANENT AND EFFECTIVE RIGHT -OF -WAY EASEMENT ON THE LOT, COVERING A 5 FOOT STRIP EXTENDING 2.5 FEET ON EACH SIDE OF THE.SERVICE CABLE OR LINE EXTENDING FROM THE SERVICE PEDESTAL, TRANSFORMER OR GAS MAIN TO THE SERVICE ENTRANCE ON THE STRUCTURE. 3. THE SUPPLIER OF ELECTRIC, TELEPHONE, CABLE TELEVISION AND GAS SERVICES, THROUGH ITS AGENTS AND EMPLOYEES, SHALL AT ALL TIMES HAVE THE RIGHT OF ACCESS TO ALL EASEMENTWAYS SHOWN ON THE PLAT OR OTHERWISE PROVIDED FOR IN THIS DEED OF DEDICATION FOR THE PURPOSE OF INSTALLING, MAINTAINING, REMOVING OR REPLACING ANY PORTION OF THE UNDERGROUND ELECTRIC, TELEPHONE, CABLE TELEVISION OR GAS FACILITIES INSTALLED BY THE SUPPLIER OF THE UTILITY SERVICE. 4. THE OWNER OF THE LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE UNDERGROUND SERVICE FACILITIES LOCATED ON HIS LOT AND SHALL PREVENT THE ALTERATION OF GRADE OR ANY CONSTRUCTION ACTIVITY WHICH WOULD INTERFERE WITH THE ELECTRIC, TELEPHONE, CABLE TELEVISION OR GAS FACILITIES. THE SUPPLIER OF SERVICE SHALL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF UNDERGROUND FACILITIES, BUT THE OWNER SHALL PAY FOR DAMAGE OR RELOCATION OF SUCH FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER OR HIS AGENTS OR CONTRACTORS. FA S. THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH B SHALL BE ENFORCEABLE BY THE SUPPLIER OF THE ELECTRIC, TELEPHONE, CABLE TELEVISION OR GAS SERVICE AND THE OWNER OF THE LOT AGREES TO BE BOUND HEREBY. C. WATER, STORM SEWER AND SANITARY SEWER SERVICE 1. THE OWNER OF THE LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE PUBLIC WATER AND SEWER MAINS LOCATED ON HIS LOT. 2. WITHIN THE UTILITY EASEMENT AREAS DEPICTED ON THE ACCOMPANYING PLAT, THE ALTERATION OF GRADE OR ANY CONSTRUCTION ACTIVITY, WHICH IN THE JUDGMENT OF THE CITY OF OWASSO WOULD INTERFERE WITH PUBLIC WATER AND SEWER MAINS, SHALL BE PROHIBITED. 3. THE CITY OF OWASSO, OKLAHOMA, OR ITS SUCCESSORS, SHALL BE RESPONSIBLE FOR ORDINARY MAINTENANCE OF PUBLIC WATER AND SEWER MAINS, BUT THE OWNER SHALL PAY ' FOR DAMAGE OR RELOCATION OF SUCH FACILITIES CAUSED OR NECESSITATED BY ACTS OF THE OWNER, HIS AGENTS OR CONTRACTORS. 4.. THE CITY OF OWASSO, OKLAHOMA, 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 OF INSTALLING, MAINTAINING, REMOVING OR REPLACING ANY PORTION OF UNDERGROUND WATER OR SEWER FACILITIES. S. THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH C SHALL BE ENFORCEABLE BY THE CITY OF OWASSO, OKLAHOMA, OR ITS SUCCESSORS, AND THE OWNER OF THE LOT AGREES TO BE BOUND HEREBY. D. SURFACE DRAINAGE THE LOT SHALL RECEIVE AND DRAIN, IN AN UNOBSTRUCTED MANNER, THE STORM AND SURFACE WATERS FROM LOTS AND DRAINAGE AREAS OF HIGHER ELEVATION AND FROM PUBLIC STREETS AND EASEMENTS. NO LOT OWNER SHALL CONSTRUCT OR PERMIT TO BE CONSTRUCTED ANY FENCING OR OTHER OBSTRUCTIONS WHICH WOULD IMPAIR THE DRAINAGE OF STORM AND SURFACE WATERS OVER AND ACROSS HIS LOT. THE FOREGOING COVENANTS SET FORTH IN THIS PARAGRAPH E SHALL BE ENFORCEABLE BY ANY AFFECTED LOT OWNER AND BY THE CITY OF OWASSO, OKLAHOMA. E. LIMITS OF NO ACCESS THE UNDERSIGNED OWNER /DEVELOPER HEREBY RELINQUISHES RIGHTS OF VEHICULAR INGRESS OR EGRESS FROM ANY PORTION OF THE PROPERTY ADJACENT TO EAST 11TH STREET WITHIN THE BOUNDS DESIGNATED AS "LNA" OR "LIMITS OF NO ACCESS" ON THE ACCOMPANYING PLAT, WHICH LIMITS OF NO ACCESS MAY BE AMENDED OR RELEASED BY THE TULSA PLANNING COMMISSION, OR ITS SUCCESSOR, AND WITH THE APPROVAL OF THE CITY OF OWASSO, OKLAHOMA, OR AS OTHERWISE PROVIDED BY THE STATUTES AND LAWS OF THE STATE OF OKLAHOMA PERTAINING THERETO, AND THE LIMITS OF NO ACCESS ABOVE ESTABLISHED SHALL BE ENFORCEABLE BY THE CITY OF OWASSO. 3 F. PAVING AND LANDSCAPING WITHIN EASEMENTS THE OWNER OF THE LOT AFFECTED SHALL BE RESPONSIBLE FOR THE REPAIR OF DAMAGE TO LANDSCAPING AND PAVING OCCASIONED BY NECESSARY INSTALLATION OR MAINTENANCE OF UNDERGROUND WATER, SEWER, STORM SEWER, NATURAL GAS, COMMUNICATION, CABLE TELEVISION OR ELECTRIC FACILITIES WITHIN THE RESTRICTED WATER LINE, SEWER LINE OR UTILITY EASEMENT AREAS DEPICTED UPON THE ACCOMPANYING PLAT, PROVIDED HOWEVER, THE CITY OF OWASSO, OKLAHOMA OR THE SUPPLIER OF THE UTILITY SERVICE SHALL USE REASONABLE CARE IN THE PERFORMANCE OF SUCH ACTIVITIES. SECTION II. ENFORCEMENT, DURATION, AMENDMENT AND SEVERABILITY A. ENFORCEMENT THE RESTRICTIONS HEREIN SET FORTH ARE COVENANTS TO RUN WITH THE LAND AND SHALL BE BINDING UPON THE OWNER /DEVELOPER, ITS 'SUCCESSORS AND ASSIGNS. WITHIN THE PROVISIONS OF SECTION I., STREETS, EASEMENTS AND UTILITIES, ARE SET FORTH CERTAIN COVENANTS AND THE ENFORCEMENT RIGHTS PERTAINING THERETO AND WHETHER OR NOT THEREIN SO STATED THE COVENANTS WITHIN SECTION I. SHALL INURE TO THE BENEFIT OF AND SHALL BE ENFORCEABLE BY THE CITY OF OWASSO, OKLAHOMA. IF THE UNDERSIGNED OWNER, OR_ ITS SUCCESSORS OR ASSIGNS, SHALL VIOLATE ANY OF THE COVENANTS WITHIN SECTION I., THE SUPPLIER OF UTILITY SERVICE OR THE CITY OF OWASSO, OKLAHOMA MAY BRING AN ACTION AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY SUCH COVENANT, TO PREVENT HIM OR THEM FROM SO DOING OR TO COMPEL COMPLIANCE WITH THE COVENANT OR TO RECOVER DAMAGES. B. DURATION THESE RESTRICTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHALL BE PERPETUAL BUT IN ANY EVENT SHALL BE IN FORCE AND EFFECT FOR A TERM OF NOT LESS THAN THIRTY (30) YEARS FROM THE DATE OF THE RECORDING OF THIS DEED OF DEDICATION UNLESS TERMINATED OR AMENDED AS HEREINAFTER PROVIDED. C. AMENDMENT THE COVENANTS CONTAINED WITHIN SECTION I., EASEMENTS AND UTILITIES, MAY BE AMENDED OR TERMINATED AT ANY TIME BY WRITTEN INSTRUMENT SIGNED AND ACKNOWLEDGED BY THE OWNERS OF THE AFFECTED LOT OR PARCEL AND BY THE OWASSO PLANNING COMMISSION OR ITS SUCCESSORS WITH THE APPROVAL OF THE CITY OF OWASSO, OKLAHOMA. THE PROVISIONS OF SUCH INSTRUMENT SHALL BE EFFECTIVE FROM AND AFTER THE DATE IT IS PROPERLY EXECUTED AND RECORDED. D. SEVERABILITY INVALIDATION OF ANY RESTRICTION SET FORTH HEREIN, OR ANY PART THEREOF, BY AN ORDER, JUDGMENT, OR DECREE OF ANY COURT, OR OTHERWISE, SHALL NOT INVALIDATE OR AFFECT ANY OF THE OTHER RESTRICTIONS OF ANY PART HEREOF 4 AS SET FORTH HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, HAZEL E. ALLYN, A SINGLE PERSON, HAS EXECUTED THIS INSTRUMENT THE DAY OF , 2007. BY: HAZEL E. ALLYN STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007, BY HAZEL E. ALLYN. MY COMMISSION EXPIRES NOTARY PUBLIC CERTIFICATE OF SURVEY I, THEODORE A. SACK, OF SACK AND ASSOCIATES, INC., A REGISTERED OFESSIONAL LAND SURVEYOR, IN THE STATE OF OKLAHOMA, DO 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 "KUM & GO #886 ", A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, IS A TRUE REPRESENTATION OF THE SURVEY MADE ON THE GROUND USING GENERALLY ACCEPTED PRACTICES AND MEETS OR EXCEEDS THE OKLAHOMA MINIMUM STANDARDS FOR THE PRACTICE OF LAND SURVEYING. EXECUTED THIS DAY OF , 2007. THEODORE A. SACK REGISTERED PROFESSIONAL LAND SURVEYOR, OKLAHOMA NO. 1139 STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) THE FOREGOING CERTIFICATE OF SURVEY WAS ACKNOWLEDGED BEFORE ME ON THIS DAY OF , 2007, BY THEODORE A. SACK. COMMISSION EXPIRES NOTARY PUBLIC 5 � ' LD U I TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: PRELIMINARY PLAT (Prestige Pond) DATE: November 1, 2006 BACKGROUND: The City of Owasso has received an application to review the preliminary plat proposing 42 residential lots, on approximately 25 acres, located on the northwest corner of East 106n'.Street North and North 161" East Avenue. A general area map is attached. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Large Lot Residential (Ranch Acres) South: Large Lot Residential/Agriculture East: Large Lot Residential/Agriculture West: Large Lot Residential (Ranch Acres) PRESENT ZONING AG (Agriculture) Item #4 if approved will rezone the property to RS -2 (Residential) RESIDENTIAL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning, and platting. 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. 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. 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 42 residential lots, on approximately 25 acres of property with an average lot size of 10,500 sq. ft. The applicant has also set aside three reserve areas throughout the development for additional green space and storm water detention, totaling approximately 6.50 acres. The largest of these reserve areas will be located were the existing pond is located at the northwest comer of East 106' Street North and North 161 "East Avenue. The existing pond will be engineered and modified to act as a wet storm water detention facility for the development. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City .Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The development will be served by City of Owasso sewer and water. The Preliminary Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the preliminary plat at the November 1, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The Technical Advisory made the following recommendations: 1. Applicant must show the required 20' utility easements with standard language for the rural water district. 2. Applicant must show additional easements requested by Cox Communications These modifications will appear in the final plat for the development. Infrastructure plans that govern drainage, detention, streets, erosion control, water, and wastewater will be reviewed concurrently by the City Engineer's office. RECOMMENDATION• Staff recommends approval of Prestige Pond Preliminary Plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Preliminary Plat Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 v,._.w.cityofowasso.com Preliminary Plat Prestige Pond W IE IN A a a •a =. %99'p _ c7x Sria Z 71 LL 0 9t If uj big d ,a, ......1. - . ..._.......... s . - i Y :3AV 1:7 Vism N Lu 'j _ rr MEW i � N u o` V a..._........_..... ......! —.. _..___......... - " Y :i .... _... ... 0 a..._........_..... ......! —.. _..___......... - - .... _... ... to b Il9 i A ) YL- . r f4C :i�'•f p YY -� yay d�c PRESTIGE POND DEED OF DEDICATION AND RESTRICTIVE COVENANTS KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, PRESTIGE POND, L.L.C., an Oklahoma Limited Liability Company (the "Owner "), is the sole owner of the following described real estate situated in the City of Owasso, Rogers County, State of Oklahoma, to -wit: The Southeast Quarter (SE /4) of the Southeast Quarter (SE /4) of the Southeast Quarter (SE /4) and the East Half (E /2) of the Southwest Quarter (SW /4) of the Southeast Quarter (SE /4) of the Southeast Quarter (SE /4) of Section Ten (10), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, Oklahoma, according to the United States Government Survey thereof, AND " Commencing at the Southeast Corner of Section Ten (10), Township Twenty -one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, -Rogers County, Oklahoma, according to the United States Government Survey thereof, thence North 01'10'37" West along the East line of said Section 10, -658.55 feet.; thence South 88'44108," West 25.00 feet to the Point of Beginning; thence South 88'44'08" West 1294.20 feet to a point on the West line of the E/2 of the SE /4 of Section 10; thence North 01'13'59" West 670.15 feet along the West line of the E/2 of the SE /4 of said Section 10; thence North 88'49123" East 659.93 feet; thence South 01'12118" East 663.92 feet, North 88'46'24" East 634.60 feet; thence South 01'10'37" East 4.81 feet to the Point of Beginning. WHEREAS, the Owner has caused the above described real estate to be surveyed, platted and staked into Lots, Blocks, Streets and Easements in conformity with a written plat of the above described real estate recorded in the office of County Clerk of Rogers County, Oklahoma (the "Plat ") which has been therein designated and named "PRESTIGE POND ", an Addition to the City of Owasso, Rogers County, Oklahoma (the "Addition "); and whereas, the Owner desires to dedicate for public use certain portions of the Addition and desires to establish a compatible system of development for the Addition in order to preserve and enhance the distinctive natural beauty and character of the Addition by the creation and enforcement of development standards. SECTION I STREETS, RIGHT -OF -WAYS, EASEMENTS AND UTILITIES A. GENERAL RIGHTS -OF -WAY AND UTILITY EASEMENTS Now, therefore, the Owner does hereby dedicate for public use forever, the streets, easements and right -of -ways shown on the Plat for the several purposes of constructing, maintaining, operating, repairing, removing and replacing any and all streets, public utilities, including storm and sanitary sewers, telephone lines, cable television lines, electric power lines and transformers, gas lines and water lines, including the poles, wires, conduits, pipes, valves, meters and any other appurtenances thereto with the right of ingress and egress to and upon said easements and right -of -ways for the uses and purposes aforesaid, together with similar rights in the streets shown on the Plat. No building, structure, or other above or below ground obstruction that will interfere with purposes aforesaid will be placed, erected, installed, maintained, or permitted upon the easement or right -of ways as shown on the Plat, provided that, however, the Owner hereby reserves the right to construct, maintain, operate, lay and relay water, sewer and other lines together with the right of ingress and egress over, across and along all strips of land included within the easements and right -of -ways shown on the Plat, both for the furnishing of water, sewer and other services to the Addition. The Owner hereby relinquishes all right of ingress and egress to the Addition within the bounds designated as "Limits of No Access" ( "LNA ") as reflected on the Plat, except as may hereafter be released, altered, or amended by the City of Owasso, Oklahoma, or its successor, or except as may be otherwise provided by the statutes and the laws of the State of Oklahoma pertaining thereto. B. UNDERGROUND SERVICE 1. Overhead lines for the supply of electric, telephone and cable television services may be located within the perimeter easements of the Subdivision. Street light poles or standards may be served by overhead or underground cable or underground gas service lines and elsewhere throughout the Subdivision. All supply lines including electric, telephone, cable television and gas lines shall be located underground in the easements ways dedicated for general utility services and in the right -of -ways of the public streets as depicted on the accompanying Plat. Service pedestals and transformers, as sources of supply at secondary voltages, may also be located in the easement ways. 2. Underground service cables and gas service lines to all structures which may be located within the Subdivision may be run from the nearest gas main, service pedestal of transformer to the point of usage determined by the location and construction of such structure as may be located upon the Lot. Provide that upon the installation of a service cable of gas service line to a particular structure, the supplier of the service shall thereafter be deemed to have a definitive, permanent, effective and non exclusive right -of -way easement on the Lot, covering a five foot (5,) strip extending two and one half feet (2.51) on each side of the service cable or line extending from the gas main, service pedestal or transformer to the service entrance on the structure. 3. The supplier of electricity, telephone, cable television and gas services, through its agents and employees, shall at all times have the right of access to all easement ways shown on the Plat or otherwise Provided for in this Deed of Dedication for the purpose of installing, removing or replacing any portion of the underground electric, telephone, cable television or gas facilities installed by the supplier of the utility service. 4. The owner of the Lot shall be responsible for the protection of the underground service facilities located on his Lot and shall prevent the alteration of grade of any construction activity which would interfere with the electric, telephone, cable television, or gas facilities. Each supplier of service shall be responsible for ordinary maintenance of underground facilities, but the owner shall pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors. 5. The foregoing covenants set forth in this Paragraph B shall be enforceable by each supplier of the electric, telephone, cable television, or gas service, and the owner of the Lot agrees to be bound hereby. C. .POTABLE WATER AND SANITARY SEWER SERVICE 1. The owner of each Lot shall be responsible for the protection of the public potable water mains and sanitary sewer lines located on his Lot and shall prevent the alteration of grade in excess of three feet (31) from the original contours or any construction activity which may interfere with said public potable water mains and sanitary sewer, lines. Said alteration of grade restrictions shall be limited to easement areas. 2. Rural Water District No. 3 of Washington County or its successors, will be responsible for ordinary maintenance of public potable water mains, but the Lot owner will pay for damages or relocation of such facilities caused by acts of the owner or his agents or contractors. Potable water service is authorized for the 42 Lots platted herewith approval of additional services may be conditional based on further studies. 3. The City of Owasso, Oklahoma, or its successors, will be responsible for ordinary maintenance of public sanitary sewer lines, but the owner will pay for damage or relocation of such facilities caused or necessitated by acts of the owner or his agents or contractors. Sanitary sewer lines are authorized for the 42 Lots platted herewith approval of additional services may be conditional based on further studies. 4. The City of Owasso, Oklahoma, or it successors through its proper agents and employees, shall at all times have the right of access with their equipment to all such easement -ways shown on said Plat, or provided for in this Deed of Dedication, for the purpose of installing, maintaining, removing, or replacing any portion of said underground potable water facilities and /or underground sanitary sewer facilities. 5. Pavement or landscape repair within utility easements as a result of eaks repairs to potable water mains and /or sanitary sewer lines due to br or failures shall be borne by the owners of the Lots, provided, however, the City of Owasso, Oklahoma, or other such suppliers of utility service shall use reasonable care in the performance of such activities. This shall also apply to repairs of gas lines located within utility F easements. 6. The foregoing covenants concerning potable water mains and conveyance and /or sanitary sewer lines and sewer collection enforceable by the City of Owasso, Oklahoma, and the owner agrees to be bound hereby. D. GAS SERVICE water shall be of each Lot I. The supplier of gas services through its agents and employees shall at all times have the right of access to all easements shown on the Plat or as provided for in this'Deed of Dedication for the purpose of installing, removing, repairing, or replacing any portion of the facilities installed by the supplier of gas service. 2. 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 construction activity which would interfere with the gas service. The supplier of 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. 3. 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. OVERLAND DRAINAGE EASEMENTS AND DETENTION EASEMENTS 1. Each Lot shall receive and drain, in an unobstructed manner, the storm and surface waters from Lots and drainage areas of higher elevation, and from public streets and easements. No Lot owner shall construct, or permit to be constructed, any fencing or other obstruction which would impair the drainage of storm and surface waters over and across said owners Lot. 2. Within drainage easements, no structure, planting, or other material shall be placed in or permitted to remain which may change the direction of the flow through drainage channels in the easements. No structure or fence shall be permitted on, through, or across those areas designated as drainage easements and the government regulatory authority with specific jurisdiction, their representative(s) shall have the right to enforce this covenant along with the right to operate and maintain storm water facilities located within these easements. PAVING AND LANDSCAPING WITHIN EASEMENTS The owner of the Lot shall be responsible for repair to landscaping and paving occasioned by the necessary installation of or maintenance to the underground potable water, sanitary sewer, storm sewer, gas, communication, cable television, or electric facilities within the easements depicted on the accompanying Plat, provided however, that the City of Owasso, Oklahoma, or the supplier of the utility service shall use reasonable care in the performance of such activities. INGRESS, EGRESS AND WALKWAYS Construction of acceleration lanes, deceleration lanes and sidewalks shall be completed by the Owner within the public dedication along East 106th Street North and North 161st East Avenue, as required by and in accordance with the standards of the City of Owasso. H. CITY OF OWASSO, OKLAHOMA, REGULATIONS AND CODE The development of "PRESTIGE POND" shall meet or exceed all of the 'known requirements of the City of Owasso, Oklahoma, Subdivision Regulations and Zoning Code. SECTION II COVENANTS AND RESTRICTIONS Now, therefore, the Owner, for the purposes of providing an orderly development of the Addition, and for the purpose of insuring adequate restrictions .for the mutual benefit of the Owner, its successors and assigns and the City of Owasso, Oklahoma, does hereby impose the following Covenants and Restrictions upon all real estate within the Addition,. to -wit:' 1. LOT USE. Lots within the Addition shall be only used for residential, single- family purposes. No Lot shall be used for business, commercial, Professional, or manufacturing purposes, provided that, however, this prohibition shall not apply to any building or structure that may be placed on any Lot or portion of a Lot within the Addition that is used exclusively by a public utility company in connection with the furnishing of public utility services to the Addition or to property adjacent to the Addition. 2. DWELLINGS. No structure of a temporary character shall be used as a residence with the exception of a temporary sales office that may be used by the Owner. No mobile home or dwelling structure shall be moved into or be present in the Addition. The following standards shall apply to all dwellings constructed in the Addition: A. DWELLING SIZE. All dwellings shall have a minimum living space of at least 2100 square feet. Dwellings in excess of a single story shall have a minimum living space of 1200 square feet at the lower level. No dwelling shall have more than two (2) stories. Square footage shall be computed on measurements over frame of the living space exclusive of porches, patios, garages, basement and attic area used for storage. B. MASONRY. All dwellings shall have at least fifty percent (500) of the exterior walls thereof comprised of brick, stone, or stucco type material, provided that, however, the area of all windows and doors located in the exterior walls shall be excluded in the determination of the area of said exterior walls. In all cases, such exterior covering shall extend to the ground line so that the foundation shall be completely concealed. Any deviation of exterior construction materials shall be permitted only upon the written consent of the Owner. C. GARAGES. All dwellings shall have attached garages suitable for accommodating at least two (2), but not more than five (5), standard size automobiles. All garages shall be accessed by an overhead garage door or doors. No glass, plastic, or other transparent material shall be permitted for use in the overhead garage door(s). D. DRIVEWAYS. All driveways into a Lot from any street shall be constructed Of concrete and shall not be less than fourteen (14) feet in width. E. ROOF PITCH. The roof of the dwelling shall have a pitch of at least 8/12 over seventy five percent (75 %) of the total roof area, and none of the roof area shall have a pitch of less than 3/12. F. ROOF MATERIAL. All roof material shall be twenty -five year (25 Yr.) fire -halt laminate shingles, "Weatherwood" in color. Standard composition shingles are not acceptable. G. DWELLING FACE. All dwellings shall face the line. largest building setback 3. CERTIFICATE OF APPROVAL. No building shall be erected or materially altered on any Lot in the Addition until the building plans and specifications therefore, exterior color scheme and material thereof, and plot plan showing the location and facing of the building have been approved in writing by the Owner, which approval shall be indicated by the certificate signed and acknowledged by an authorized officer or agent of Owner. The purpose of such approval shall be to promote good design and compatibility within the Addition and the Owner, in its review of the plans, specifications, exterior color scheme, material and plot plan for any building may take into consideration the nature and character of the proposed building or structure, the materials of which it is to be built, the availability of alternative materials, the site upon which it is proposed to be erected and the harmony thereof with the surrounding area. The Owner shall not be liable for any approval or disapproval and its approval of building plans shall not constitute a warranty or create any responsibility or liability for building methods, materials, procedures, structural design, grading, drainage, or code violations. The approval or disapproval by the Developer of building plans shall not be deemed a waiver of any restriction or covenant herein contained. The provisions of this paragraph requiring approval by the Owner shall cease, terminate and be of no further force or effect upon filing of a document by the Owner in the Rogers County Clerks office that such approval may thereafter be obtained by or from the Homeowner's Association (as hereinafter defined). 9. OUTBUILDINGS. All tool sheds, hobby rooms, or other outbuildings shall be erected on permanent foundation and shall conform to the basic architectural styling of the dwelling and shall satisfy the masonry and roof material requirements of Paragraph 2. The design and precise location of outbuildings must be approved, in writing, by the Owner prior to the construction thereof. All accessory structures shall be approved by the City of Owasso. 5. FENCES. No fence or wall shall be erected, placed, or altered on any Lot nearer to the street than the minimum setback lines established herein. No fence shall be erected on any Lot closer to any street than the exterior lines of the main structure without the written approval of the Owner, and no fence on any Lot shall exceed six (6) feet in height. No chain link fences shall be permitted without the written permission of the Owner. Nothing herein contained shall, however, preclude or prevent the use of evergreens or other shrubbery for landscaping purposes. 6. SIDEWALKS. Upon the construction of a dwelling upon a Lot, the owner of such Lot constructing such dwelling shall then be responsible for the construction of a sidewalk paralleling the street or streets adjacent to such Lot in conformity with the Subdivision Regulations of the City of Owasso, Oklahoma. 7. ANIMALS. No animals, livestock, or poultry of any kind shall be kept on any Lot except for a total of three (3) dogs, cats, or other household pets and the suckling young of said animals. Animals shall not be kept, bred, or maintained for.any commercial purposes and shall not be permitted on any Lot which does not contain a dwelling being used as a residence. All animals must be fenced in or kept on a leash. All dogs must be sufficiently trained or restrained such that they refrain from loud or obnoxious barking that may be offensive_ to neighbors. Animal shelters shall be screened from view from any street unless built in conformity with the requirements for outbuildings herein set forth. R STORAGE. No outside storage or keeping of building materials, tractors, mowers, equipment implements, or salvage shall be permitted within the Addition. Building materials may be stored for a period of thirty (30) days Prior to the start of construction of a dwelling. Construction of dwellings shall be completed within nine (9) months after the pouring of the footing. 9. VEHICLES, MOTORCYCLES. No vehicle, motorcycle, motor bike, camper, trailer, or boat, whether or not operable, (collectively referred to as "vehicles ") shall be kept, parked, or stored on or adjacent to any Lot, except in a garage or other area screened from view behind the setback lines, for more than forty -eight (48) hours during any seventy -two (72) hour period; provided that, however, nothing herein shall prohibit the parking of passenger vehicles on the surfaced driveway, vehicles shall not be kept, parked, or allowed to stand on the yard. Residents' vehicles shall not be parked in any street. 10. ANTENNAE. No television, radio, or other antennae or reception devices shall be constructed or maintained on any Lot or on any structure on a Lot without the written approval of the Owner. 11, SIGNS. No sign of any kind shall be displayed to the public view on any Lot, except (I) one sign of not more than five (5) square feet advertising the sale or rent of said property, (II) signs used for the purpose of campaigning for a result in any political election or issue, or (III) signs maintained by the Owner or a builder to advertise the property during the construction and sales period, unless approved in writing by the Owner. All signs shall conform to city of Owasso code. 12. SETBACK LINES. No buildings, outbuildings, structures, or parts thereof, shall be constructed or maintained on Lots nearer to the property lines than the setback lines provided herein or as shown on the Plat. Unless otherwise provided by easement or by the setback lines shown on the Plat, the minimum building setback lines shall be: FRONT YARD: 30 feet SIDE YARD: 5 feet OTHER SIDE YARD: 10 feet BACK YARD: 25 feet The side yard building setback line applicable to each corner Lot (one which is abutted on two (2) sides by a street) shall be 20 feet. Furthermore, the setback lines for any Lot may be altered by the owner upon obtaining appropriate permission from the Board of Adjustment of the City of Owasso. 13. DRAINAGE EASEMENTS. No buildings, outbuildings, structures, trees, shrubs, or other vegetation shall be placed in drainageway easements as reflected on the Plat, except grasses normally used for lawn purposes. No obstruction shall be placed or permitted to remain in any of the designated drainageway easements that would hinder or restrict the free and voluntary flow of stream water from its intended passageway. Detention easement and park to be maintained by-Homeowners Association. 14. ELECTRIC, GAS AND COMMUNICATION SERVICE. In connection with the installation of electric service and telephone and cable television ( "communication ") services, all Lots are subject to the following: A. Overhead pole lines for the supply of electric and communication services shall be located along the North perimeter of the Addition. Street.light poles or standards may be served by underground cable, and elsewhere throughout the Addition all supply lines shall be located underground in the streets and easements reserved for general utility services as shown on the Plat. Services pedestals and transformers as sources of supply at secondary voltages may also be located in said easements. B. Except to dwelling on Lots located along the South perimeter of the Addition which may be served from overhead service lines, underground electric, gas and communication service cables to all dwellings in the Addition may be run from the nearest supply line, service pedestal, or transformer to a point of usage determined by the location and construction of such dwellings, provided that, upon the installation of such service cables to a particular dwelling the suppliers of electric and communication services shall thereafter be deemed to have a definitive permanent, effective and exclusive right -of -way easement on said Lot covering a five (5) foot strip extending two and one -half (2.5) feet on each side of such service cable(s), running from the service pedestal or transformer to the service entrance on the dwelling. C. The suppliers of electric, gas and communication services, through their proper agents and employees, shall at all times have the right of access to all such easements shown on the Plat or provided for herein, for the purposes of installing, maintaining, removing or replacing any portion of said underground electric, gas, or communication services so installed by such supplier. D. The owner of each Lot shall be responsible for the protection of the underground electric, gas and communication facilities located on his Lot, and shall prevent the alteration of grade and any construction activity which may interfere with said facilities. The suppliers of each such service will be responsible for ordinary maintenance of underground electric, gas, or communication facilities, but the owner will pay for the damage to or relocation of such facilities caused or necessitated by acts of the owner, his agents or contractors. E. The foregoing covenants concerning underground electric, gas, and communication facilities shall be enforceable by the suppliers of same and the owners of each Lot agrees to be bound hereby. 15. WATER, SANITARY SEWER. Owners shall be responsible for the protection of the public water mains and sanitary sewer facilities located on their Lots and shall prevent the alteration of grade in excess of three (3) feet from the original contours and any construction activity which may interfere with said facilities. Said alteration of grade restriction shall be limited to easement areas. A. Rural Water District No. 3 of Washington County shall be responsible for ordinary maintenance of public water mains and the City of Owasso for public sanitary sewer facilities, but the owner will pay for damage to or relocation of such facilities caused or necessitated by acts of the owner, his agents or contractors. B. The City of Owasso and Rural Water District No. 3 of Washington County or its successors, shall. have the right of access with its equipment to all easements shown on the Plat, for the purposes of installing, maintaining, removing, or replacing any portion of the underground water and sewer facilities. C. The foregoing covenants concerning water and sewer facilities shall be enforceable by the City of Owasso, Oklahoma, or its successors, and the owner of each Lot agrees to be bound hereby. 16. LANDSCAPE AND PAVING REPAIR. The owner of each Lot shall be responsible for the repair and replacement of any landscaping and paving located within utility easements and rights -of -way damaged as a result of repairs to or replacement of water, sanitary sewer mains, electric, natural gas, or communication services. No Lot owner shall plant any trees or shrubbery in dedicated utility easements or rights -of -ways which would potentially endanger, threaten, or harm any utilities located within said easements or rights -of -ways. If it is determined by the municipality that any trees or shrubbery located within said easements or rights -of -ways are damaging or endangering utilities in said easements or rights -of -ways, the City shall have the right to remove said trees or shrubbery on five (5) days notice thereof at the Lot owner's expense or within such time the Lot owner may remove same. 17. SANITARY DISPOSAL. No outside toilet shall be allowed in the Addition and all sanitary facilities must comply with local and state health requirements. 18. WASTE. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other wastes. All refuse and waste shall be kept in sanitary containers and all equipment for storage or disposal of such material and all Lots shall be kept in a clean, neat and orderly condition. Lots and all easements thereon shall be kept clean, neat and mowed to the street. All waste containers shall be screened from roadway view and must be removed from the curbside within eighteen (18) hours after refuse collection vehicles empty the containers. 19. NUISANCE. No. noxious or offensive trade or activity shall be carried on upon any Lot or common area, and nothing shall be done thereon which may be or become an annoyance or nuisance to residents of the Addition. 20. SODDING, LANDSCAPING, LAWN CARE AND GENERAL MAINTENANCE. A. Each Lot must be sodded to the full extent of its front and side yards. B. A professionally installed landscape package must be installed upon the completion of each home in a manner satisfactory to the Owner. C. Each Lot must be kept neatly mowed, trimmed, edged and weeded at regular intervals so as to keep the appearance of the home clean, neat and orderly. D. The exteriors of all homes must be kept in a well- maintained state, including the re- painting of wood surfaces as necessary. E. No above ground swimming pools will be permitted, however, saunas or tubs shall be permitted not to exceed 8' x B' in size. 21. HOMEOWNERS' ASSOCIATION. A. FORMATION OF HOMEOWNERS' ASSOCIATION: The Owner has formed or shall cause to be formed the Prestige Pond Homeowners' Association, Inc. (hereinafter referred to as the "Association "), a non - profit corporate entity to be established in accordance with the statutes of the State of Oklahoma, and to be formed and shall be responsible for maintaining the common areas and enhancing the value, desirability and attractiveness of PRESTIGE POND. B. MEMBERSHIP: Every person or entity who is a record owner of a Lot shall be a member of the Association, and membership shall be appurtenant to and may not be separated from the ownership of a Lot. The acceptance of a deed to a Lot shall constitute acceptance of membership to the Association as of the date of incorporation, or as of the date or recording of the deed, whichever occurs last. C. COVENANT FOR ASSESSMENTS: The owner and each subsequent owner of a Lot, by acceptance of a deed therefore, is deemed to covenant and agrees to pay the Association assessments to be established by the Board of Directors in accordance with a declaration to be executed and recorded by the Owner prior to the conveyance of the first Lot within PRESTIGE POND. An assessment shall be a lien on the Lot against which it is made, but the lien shall be subordinate to the lien of any first mortgage. D. CERTAIN RIGHTS OF THE ASSOCIATION: Without limitation of such other Powers and rights as the Association may have, the Association shall be deemed a beneficiary, to the same extent as a Lot owner, of the various covenants set forth within this document, and shall have the right to enforce the covenants to the same extent as a Lot owner. 22. ENFORCEMENT. Enforcement to restrain or to recover damages for violation of these covenants and restrictions may be brought by the Owner, the Association, or by an owner of any Lot, whether acting jointly or individually. The Owner shall not be obligated to enforce any covenant or restriction through legal proceedings or otherwise. In any action to enforce these covenants and restrictions, the prevailing party shall be entitled to an award of attorneys' fees. 23. REMEDIES. If any personal shall violate or attempt to violate any of the covenants or restrictions herein, any person owning any real property in the Addition shall have standing to prosecute any proceedings at law or in equity against the person violating the same to prevent the violation or to recover damages for such violation. In any action brought to enforce any provision hereof, the prevailing party shall be entitled to an award of attorneys' fees to be taxed as cost. 24. NO WAIVER. The failure of the Owner or of any successor in title to enforce any given restriction or covenant at any time shall not be deemed to be a waiver or relinquishment of any right or remedy, nor a modification of these covenants and restrictions. 25. SEVERABILITY. Invalidation of any one of these covenants or restrictions shall not affect any of the other provisions, which shall remain in full force and effect. 26. DURATION. Except as specifically otherwise limited herein, the covenants and restrictions herein contained shall remain in full force and effect for a period of twenty (20) years from the date hereof and shall be automatically renewed and continued thereafter for successive periods of ten (10) years each unless terminated or amended as hereinafter provided. 27. BINDING EFFECTS; AMENDMENTS. These covenants and restrictions are to run with the land and shall be binding upon all parties becoming owners of Lots within the Addition and all persons residing within the Addition. These covenants and restrictions, with the exception of all the provisions of Paragraphs 14, 15 and 21 above, may be amended, modified, changed, or cancelled only by a written instrument executed and acknowledged by the Owner so long as it owns any Lot within the Addition, with such amendment, modification, change, or cancellation to be effective upon recording of such instrument in the office of the Rogers County Clerk. Furthermore, the remaining covenants may be amended or terminated at any time by a written instrument signed and acknowledged by the owners of 75% of the Lots within PRESTIGE POND. The provisions of such instrument shall be effective from and after the date it is properly recorded in the land records of the Rogers County Clerk, SECTION II ARCHITECTURAL COMMITTEE WHEREAS, the Owner desires to establish restrictions for the purpose of providing for the orderly development of the Subdivision and conformity and compatibility of improvements therein. Therefore, the Owner does hereby impose the following restrictions and covenants which shall be applicable to all Lots and shall be covenants running with the land, and shall be binding upon the Owner, its successors and assigns, and shall be enforceable as hereinafter set forth. A. ARCHITECTURAL COMMITTEE - PLAN REVIEW No building, fence, wall, or free standing mailbox shall be erected, placed, or altered on any Lot until the plans and specifications have been approved in writing by PRESTIGE POND, L:L.C. or its authorized representatives or successors, which are hereinafter referred to as the "Architectural Committee" for each building. The required plans and specifications shall be submitted in duplicate and include a site plan, floor plan, exterior elevations, drainage and grading plans, exterior materials and color scheme. In the event the Architectural Committee fails to approve or disapprove plans and specifications submitted to it as herein required within 10 days after submission, or in the event no suite to enjoin the erection of the building or structure or the making of an alteration has been commenced prior to the 30th day following completion hereof, approval of the Architectural Committee shall not be required and this covenant shall be deemed to have been fully complied with. OWNER'S CERTIFICATION IN WITNESS WHEREOF, PRESTIGE POND, L.L.C., an Oklahoma Limited Liability Company, has executed this instrument this day of , 2006. By: ATE OF OKLAHOMA ) COUNTY OF TULSA ) PRESTIGE POND, L.L.C. an Oklahoma Limited Liability Company Denny Woolman - Manager This instrument was acknowledged before me this day of 006, by DENNY WOOLMAN, as PRESTIGE POND, L.L.C., an Oklahoma Limited Liability Company, that he executed the same as his free and voluntary act and deed and the free and voluntary act and deed of said limited liability company. My Commission Expires: No.: CERTIFICATE OF SURVEY Notary Public I, JACK C. COX, of Cox & Associates, Inc., a Professional Land Surveyor in the State of Oklahoma, do 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 `PRESTIGE POND ", a Subdivision in the City of Owasso, Rogers County, State of Oklahoma, is a true representation of the survey made on the ground using generally accepted practices and meets or exceeds the Oklahoma Minimum Standards for the Practice of Land Surveying as adopted. Jack C. Cox, Professional Land Surveyor STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public, in State, on this day of JACK C. COX, to me known to be the identical person Professional Land Surveyor to the foregoing Certifi, that he executed the same as his free and voluntary purposes therein set forth. and for said County and 2006, personally appeared who subscribed his name as "ate, and acknowledged to me act and deed for the uses and My Commission Expires: Notary Public No.: MEMORANDUM TO: PLANNING COMMISSION FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Wedel Centre) DATE: October 31, 2006 The City of Owasso has received a request to review and approve a final plat proposing 5 commercial lots, on approximately 7.40 acres, located east of North Garnett Road just north of East 116`s Street North. A general area map is attached. EXISTING LAND USE Undeveloped SURROUNDING LAND USE North: Jack of Clubs bar South: Car wash and used car sales East: Brookfield Crossing subdivision West: Country Estates subdivision PRESENT ZONING (CS Commercial District) Tulsa County 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. 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. 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 5 commercial lots, on approximately 7.40 acres of property. The Final Plat meets all Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for commercial development. Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the final plat at the October 25, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. The following TAC recommendations were addressed: 1. Applicant must identify limits of access. 1 Applicant must identify limits of no access. 3. Applicant must show the elevation of manhole. 4. Applicant must show a 17.5' easement along southern border. 5. Applicant needs to show language on plat stating that the owner is responsible for paving over any easements. 6. Applicant must show the 30' waterline easement Infrastructure plans that govern drainage, detention, streets, erosion control, water, and wastewater will be reviewed concurrently by the City Engineer's office. RECOMMENDATION: Staff recommends approval of the Wedel Centre final plat subject to the above conditions. ATTACHMENTS: 1. Case Map 2. Site Drawing E 119th STN E 119th ST P BROOKFIELD CROSSING E. 116st ST. N Owasso Community Development Department 111 N. Main St. Owasso, OK74055 918.376.1500 918.376.1597 w ,vw.cityofowasso.com Final Plat Wedel Centre _Z E 116 ST N �L L Jt t�)r 8 , !at j isi li 1 i lire e i i�liti:� e� z mtna O W o.m p< H�c0 e W 23 -3LL CL w�oo CL U. W+' W 60..1 � 0< z gtl = N a r- W z 3>=.0 V. T W IF �cc LL O 6 6 1 i I pill „I �I�b 3'3 ga z• e g� 161 fi I gt tl e� r� a i� w ilj 4141-4 n a g % `0l qpw� t3,�v� °O OR OwVL �t`Rmmd� �S�r a 1MdSIH1 a31tl01434 AtlM d01H'JItl.OD'�9 �' y III IIIIIII IIIIII�II� l.�,••ipKl�Y•�•isl® W2 � ■ ■ ■■■■■;: 'N w ilj 4141-4 n a g % `0l qpw� t3,�v� °O OR OwVL �t`Rmmd� �S�r a ■ ■ ■ ■■■■■;: ■ ■ ■ ■■■■■ ■■■r�■■■ iiiiiiii. ■■■■■■■■ w ilj 4141-4 n a g % `0l qpw� t3,�v� °O OR OwVL �t`Rmmd� �S�r a MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIl' MCCULLEY CITY PLANNER SUBJECT: SITE PLAN (Mingo Manufacturing) DATE: October 31, 2006 BACKGROUND: The City of Owasso has received a request to review and approve a site plan proposing a 13,500 sq. ft. industrial addition on approximately 3.12 acres located on the north side of East 80s' Street North, '/4 mile east of the Owasso Expressway, just north of Equipment One. A general area map has been included with this report. EXISTING LAND USE: Mingo Manufacturing SURROUNDING LAND USE: North: Mingo Manufacturing South: Equipment One East: Residential Multi- family West: Mingo Manufacturing/the Owasso Expressway PRESENT ZONING: IL (Light Industrial) DEVELOPMENT PROCESS The primary steps in the development of property in Owasso include annexation, zoning, platting, and site planning. The subject property is now at the site planning stage of development. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, detention, 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 typically includes 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 Design Criteria. 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 then makes any and all .prescribed changes and submits 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. ANALYSIS• The applicant is requesting this review in order to facilitate a proposing a 13,500 sq. ft. industrial addition on approximately 3.12 acres. The subject property is zoned IL (Light Industrial). The proposed development is consistent with the Owasso 2015 Land Use Master Plan as it calls for Industrial zoning in the area. It is also complimentary with the current development in the area. The site plan meets all Owasso Zoning Code and Subdivision regulations with the exception of the requirements stated as part of the Technical Advisory Committee recommendations. The bulk and area specifications for this site are more than adequate for the placement and accommodation of concurrent requirements imposed on commercial facility's such as that proposed in this site plan. TECHNICAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the site plan at the October 25, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. 1. Applicant must provide cut sheet of lighting and show shielding. 2. Applicant must coordinate fire hydrants and fire drives with the Fire Marshal. RECOMMENDATION: Staff recommends approval of the site plan subject to the above conditions. ATTACHMENTS 1. Case map 2. Site drawing submitted by applicant i z Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com N Site Plan w E Mingo Manufacturing S _ E 81 ST E 81 ST N w w __ w z' �— - E 81 STN _. i z Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com N Site Plan w E Mingo Manufacturing S Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com F V) W a x w 0 V) V) a 0 0 KA Prop Site Plan Mingo Manufacturing 1►i ►I i - WD I If - WD co LU LU C/) LU may op In f Lu S CD op A le a 91 1 fit all A HALM Mull WIN I5V3 77 r— co cm) C) 0 0 0 z. co LU LU C/) LU may op In f Lu S CD op A le a 91 1 fit all A HALM Mull WIN I5V3 77 r— co cm) C) MEMORANDUM TO: PLANNING COMMISSION CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: SITE PLAN (Goddard. Pre - School) DATE: November 1, 2006 BACKGROUND The City of Owasso has received a request to review and approve a site plan proposing a 8;068 sq. ft. pre - school facility on approximately 1.3 acres of property zoned CS (Commercial Shopping District), located at North 146a' East Avenue and East 89a' Street North. A general area map is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Commercial South: Commercial East: Residential West: Commercial PRESENT ZONING: CS (Commercial Shopping) DEVELOPMENT PROCESS The primary steps in the development of property in Owasso include annexation, zoning, platting, and site planning. The subject property is now at the site planning stage of development. Site plans are reviewed by the TAC and Planning Commission. Issues such as building setbacks, parking, detention, 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 typically includes 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 Design Criteria. 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 then makes any and all prescribed changes and submits 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. ANALYSIS The applicant is requesting this review in order to facilitate 8,068 sq. ft. pre- school facility on approximately 1.3 acres.of property zoned CS (Commercial Shopping). According to the City of Owasso Zoning Code; uses allowed in CS districts include offices, studios, restaurants,: convenience stores, shopping centers, service stations, etc. The proposed development is consistent with the Owasso 2015 Land Use Master Plan as it calls for Commercial zoning in the area. It is also complimentary with the current development in the area. The Goddard Pre - School site plan meets all Owasso Zoning Code and Subdivision regulations with the exception of the requirements stated as part of the Technical Advisory Committee recommendations. The bulk and area specifications for this site are more than adequate for the placement and accommodation of concurrent requirements imposed on commercial facility's such as that proposed in this site plan. The development must adhere to the City of Owasso's outdoor lighting, landscaping, and sign codes. Storm water calculations must be submitted to the city engineer and approved before the issuance of a building permit. TECEIMCAL ADVISORY COMMITTEE The Owasso Technical Advisory Committee reviewed the site plan at the October 25, 2006 regular meeting. At that meeting, utility providers, as well as staff, are afforded the opportunity to comment on the plat and request any additions and/or concerns. At the meeting the committee recommended approval of the site plan with the following conditions. • Applicant must show street names. • Applicant must show location map. • Applicant must show property descriptions. • Applicant must show cut sheet of lighting and shielding. • Applicant must provide a dimension plan. • Applicant must show a pedestrian access from the street to the building. • Coordinate the placement of hydrants with Fire Marshal. Infrastructure plans that govern drainage, detention, streets, erosion control, water, and wastewater will be reviewed concurrently by the City Engineer's office. RECOMMENDATION Staff recommends approval of the Site Plan subject to the conditions listed above. ATTACHMENTS 1. Case map 2. Site plan a 90th PL N .z t: ` Em 86th CT AI . S.T. _.N _ 86th ST N Owasso Community Development Department 111 N. 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