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HomeMy WebLinkAbout2001.02.21_Planning Commission Agendaluaununo fpv '9 (Ii pxuAk) •,Cumssaidxg ossum0 aql ;o Isua puu •N IaapS ,v9L '930 gizou paluool `III ialua0 Iucoz0unuo0 ossum0 `I xooig `i ioI su paquosap Afuadozd.ioj ITIdS Io•I u ;o moiAgl io; isanbai V — ulllnsu00 .[auuu,L - I0-I0-S'I0 S (Z piuAA,) •Aumssaidxg ossum0 oipjo Isom puu •N 1004S p98 'g3o WOU paluool st puu saiou 9£'L Ituiano ag13o Iaad Onnbs OSL`LI su[uluoo Xpodoid loo fgns o%L •uoll!ppV w£ slg2lOH.zolV `6 xoOlff `Z to I3o uolliod u su paquosap stood oillg zo3 uuld alts u 3o motnai io3 isonbaz V —stood ania - uutd ans 'b DNRIVHH OIJand •bur oow - miao2l I OOZ `£ I Anrugad agl3o salnU!W agl,IO IunoiddV zapisuo0 HUD ROW Z JaPJO Ol IP'0 I VQNdOV siaquxeg0 ITounoO -MPaO 'S IO£ `loluaD larunuRUOD ossum0 wcl 00 :9 — IOOZ `IZ 6autugad `XupsoupoM ONI.Lddtlt 'IVIOddS NOISSIWWO0 ONINNVJJ OSSVAIO d0 UIO zauuuldA4IO `sllouoS uuuoQ IOOZ fmnzgad }o ABP q,6I aql uo PVV 09:I I It' IPH �4?0 01 00ue4uo ;aauS aupa0 aql lu polsod puu 31jolO Y�110 ossum0 aqi 3o ooUjo olU ul paled zauuuld ,�IIO :g'I.LI L sllouoS uuaoQ :Aff CHIIId aDUON zalua0 X4!unuuuo0 ossum0 :gOV'Id Wd 00:9 :amjl IOOZ `IZ faunzgad :gZVQ IuloadS :DNlilaa w d0 gdA,L NOISSIMOD JNINNV'Id OSSvMo 30 A.LIO ala d0 DNILHHW'JH•L d0 HDIION OI'Igfld OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Tuesday, February 13, 2001 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Charles Willey Bob Randolph Bill Ellison MEMBERS ABSENT Larry Helton STAFF PRESENT Donna Sorrells Stan Ewing Marsha Hensley The agenda for the regular meeting was posted in the Owasso City Hall, 207 S Cedar, on February 9, 2001 at 10:00 AM. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF THE JANUARY 9, 2001 REGULAR MEETING. Charles Willey moved to approve the minutes of the January 9, 2001 meeting, Bob Randolph seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 4. Annexation - Heritage Company - A request for review of an annexation to the City of Owasso located in South Half (S /2) of the Southwest Quarter (SW /4) of Section 5, Township 21 North, Range 14 East. The subject property is 38.39 acres, more or less. (Ward 1) Donna presented the case to the Commissioners and described the property location. She stated that the property is zoned AG (Agriculture) and would remain so upon annexation. The Annexation Committee reviewed and approved the request at their February 1, 2001 meeting. At that time the applicant was advised that the property was not contiguous. The applicant is to annex a contiguous utility easement that extends east from North Garnett Road to the subject property. Mr. Dennis Hodo from DLH Engineering was present and stated that the utility easement is on the Buller's property. Acceleration/deceleration lanes will be required along North Garnett Road at the time of platting. Donna also stated that the Tulsa County Assessor's office was not showing up- to -date records of ownership on this property. The two consecutive legal notifications will not be published until correct ownership is shown at the assessor's office. The Technical Advisory Committee reviewed this request and had no comments. Staff recommends approval of this annexation request subject to the following condition: OWASSO PLANNING COMMISSION February 13, 2001 Page No. 2 1. A sealed engineering report or letter confirming the ability of Washington County RWD3 to provide adequate fire protection standards be submitted prior to approval of any plat associated with the annexed property. Ray Haynes moved to approve the above the annexation subject to staff recommendations and subject to the landowners agreement being acquired prior to City Council. Charles Willey seconded. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 5. Easement Closing - Keith Burd - A request for review of the partial closing of a 20' Utility Easement along the west boundary of Lot 1, Block 1, The Bradfords of Silver Creek located at 14102 E 86' Court N. (Ward 3) Donna presented the item to the Commissioners and described the location of the property. She stated that the applicant is requesting a partial closing to accommodate a 4.1' encroachment. The Board of Adjustment approved a variance to reduce the 20' building setback. The Technical Advisory Committee had no comments at their December 28, 2000 meeting. Staff recommends approval of the partial closing of the existing 20' utility easement located on Lot 1, Block 1, Bradfords of Silver Creek. The applicant was present to answer any questions or concerns. Mr. Haynes requested information from Mr. Burd regarding the process of this mistake. Mr. Burd stated that apparently the surveyors got off on the radius. This is the first time this has ever had to him and he has been building in Owasso since 1996. The first time it was surveyed, the slab was ripped out because it was incorrect. The second time surveyed, the house was still off. Mr. Haynes explained to the applicant that these types of requests are coming before the Planning Commission more and more. He also stated that Mr. Burd has gone through some trouble by tearing up one slab, having it surveyed twice and trusting the survey companies. Mr. Ellison stated that easement closings are starting to be a habit, the next time we can't guarantee it will be approved. What is your recall with the surveyor? Mr. Burd stated that the survey company sends him a form showing the lay out and he is to sign the form if he approves. Mr. Haynes requested the name of the surveyor company, which made the first error. The company, which performed the first stake off, was Collins Land Surveying. Ray Haynes moved to approve the partial easement closure, Bill Ellison seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes OWASSO PLANNING COABUSSION February 13, 2001 Page No. 3 Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 6. Easement Closure - P. B. Homes - A request for closure of a portion of an 11' Utility Easement located along the east lot line of Lot 18, Block 1, Double Oaks IV. The subject property is located at 7901 N 125' East Avenue. (Ward 3) Donna presented the item. The applicant is requesting a partial closing of the platted 11' utility easement to accommodate a 0.9' encroachment. The Technical Advisory Committee reviewed the request and had no comments. Staff recommends approval of the partial closing of the existing 11' utility easement located on Lot 18, Block 1, Double Oaks IV. Mr. Pete Tull, the applicant was present and stated that all the utilities ran in the rear yard. He has been building since 1976 and this is only the second time he has had to do an easement closure. Bill Ellison stated that he would vote no every time, on an easement closure request, if the applicant has past history of coming before the commissioners for closures. Ray Haynes moved to approve the partial closing of the 11' utility easement, Charles Willey seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - No Charles Willey - Yes The motion carried 3 -1. 7. Final Plat - First Baptist Church of Owasso - A request for review of a final plat for the First Baptist Church of Owasso, a one lot, one block subdivision containing 20.09 acres, more or less. The subject property is located north of E. 96s' Street N. and east of N. 129' E. Avenue. (Ward 1) Donna presented the item. She explained that the existing residence at the southwest corner is to remain through the life of the current occupant. The Technical Advisory Committee reviewed the final plat and the applicant has made the revisions requested and resubmitted to the City Planner. The developer will be connecting to the sewer line located along the south side of E. 96' Street North. The applicant has paid the assessment fee for the payback sewer extension, which was done for Pleasant View Estates. The applicant was present to address concerns. Ray Haynes had concerns with the utility easement that goes around the home, not being shown on the site plan. The Technical Advisory Committee reviewed the final plat and the revisions have been made. OWASSO PLANNING COMMISSION February 13, 2001 Page No. 4 Staff recommends approval of the final plat for First Baptist Church of Owasso subject to the following conditions: 1. The City of Owasso be made beneficiary of the covenants, conditions and restrictions. 2. All TAC comments are addressed to the satisfaction of the reviewing body. Ray Haynes moved to approve the final plat subject to the above staff and TAC recommendations being met. Also, subject to the recommendations being met on drainage and the retention designed on this plat, prior to City Council. Bill Ellison seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 8. Site Plan - First Baptist Church of Owasso - A request for review of a site plan for the First Baptist Church of Owasso generally described as a portion of the Southeast Quarter (SE /4) of the Southwest Quarter (SW /4) Donna presented the item to the Commissioners and described the location. The Phase 1 of this project will be 60,000 square feet with an additional 29,000 square feet in Phase 2. Required parking spaces for both phases were discussed, the applicant is aware of the deficiencies and has agreed to provide the required spaces stated in the below staff recommendations. Drainage was also discussed. Drainage will be directed to the southeast comer of the subject property. The applicant is working with Owasso Public Works to modify the drainage of Phase 2. The Technical Advisory Committee reviewed the site plan with several comments. The applicant will be making those revisions and resubmitting to the City Planner. The applicant, Mr. Bruce Rothell, was present to answer any questions. Staff recommends approval of the site plan for First Baptist Church of Owasso subject to the following conditions: 1. All TAC comments are addressed to the satisfaction of the reviewing body. 2. Phase I parking shall total 300 spaces and an additional 425 shall be provided at the time of Phase 2. Ray Haynes moved to approve the site plan subject to the above staff and TAC recommendations being met. Bob Randolph seconded the motion. The vote on the motion was as follows: OWASSO PLANNING COMMISSION February 13, 2001 Page No. 5 Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 9. Final Plat - Moon Commercial Center - A request for review of a final plat for Moon Commercial Center, a two lot, one block subdivision containing 2.5 acres, more or less. The subject property is located south of E. 116` Street N. and west of N. Garnett Road. (Ward 1) Donna presented the item to the Commissioners. She stated that the Technical Advisory Committee reviewed this plat at their regular meeting and had no comments. Sidewalks and acceleration/deceleration lanes are required along E. 1160' Street N. The applicants were present to answer questions from the Commissioners. Staff recommends approval subject to the provision for sidewalks and acceleration/deceleration lanes within the text of the covenants and restrictions prior to City Council approval. Ray Haynes moved to approve the final plat subject to the above staff and TAC recommendations being met. Charles Willey seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 10. Site Plan - Dirty Dawg Car Wash - A request of a site plan for the Dirty Dawg Car Wash generally described as the Northeast Quarter (NE /4) of the Northwest Quarter (NW /4) of the Northeast Quarter (NE /4) of Section 7, Township 21 North, Range 14 East and more particularly described as Lot 1, Block 1, Moon Commercial Center (final approval and recording pending). (Ward 1) Donna presented the case and described the location. The subject property is zoned IL (Industrial Light). The Technical Advisory Committee reviewed the site plan with several comments. The applicants have been working the PSO and the Owasso Public Works Department. Sidewalks and acceleration /deceleration lanes are required along E. 116' Street N. OWASSO PLANNING COMMISSION February 13, 2001 Page No. 6 Staff recommends approval of the site plan for the Dirty Dawg Car Wash subject to the following condition: 1. All TAC comments are addressed to the satisfaction of the reviewing body. Ray Haynes moved to approve the site plan subject to the above staff and TAC recommendations being met. Bill Ellison seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 11. Site Plan - Elite Pools - a request for review of a site plan for Elite Pools described as a portion of Lot 2, Block 9, Ator Heights 3' Addition. The subject property contains 17,750 square feet of the overall 7.35 acres and is located north of E. 861' Street N. and west of the Owasso Expressway. (Ward 2) Donna presented the case and described the location of the property. She stated that the applicant proposes placement of a 1440 square foot trailer on the subject property and that the trailer must meet BOCA codes. Parking spaces were also discussed. The Technical Advisory Committee reviewed the site plan on January 31, 2001. The applicant was not present. Discussion was held regarding concerns with an office trailer at this location. Ray Haynes expressed disapproval of the structure and wanted to know what type of lease agreement was involved. Staff recommends approval of the site plan subject to the following conditions: 1. All TAC comments are addressed to the satisfaction of the reviewing body. 2. The area containing functional pools and/or ponds shall be fenced and locked while not attended by employees of Elite Pools. Ray Haynes moved to table this item until the March 13'h Planning Commission meeting in order for Ms. Sorrells to review the site plan with the Owasso City Council, Mr. Noble Sokolosky and the applicant for Elite Pools. Mr. Haynes would also like his concerns regarding the site plan to be shared with the City Council. Charles Willey seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes OWASSO PLANNING COMMISSION February 13, 2001 Page No. 7 The motion carried 4 -0. 12. Site Plan - Ram Plaza PUD - A request for review of a site plan for a commercial building located within the Ram Plaza PUD, north of E. 86' Place N. and west of N. 129' E Ave (east of TruValue Hardware. (Ward 3) Donna presented the item. The proposed commercial building is 9320 square feet. Parking was discussed briefly. The Technical Advisory Committee reviewed the site plan, which included comments from Public Works. Ray Haynes had a concern with the natural flow of rainwater increasing by this development. The applicant has been working with Phil Lutz for guidance. Mr. Michael Roark, the applicant was present to address concerns and answer any questions. The history on this PUD was also discussed. Staff recommends approval of the site plan for the commercial building located within Ram Plaza PUD subject to the following conditions: 1. All TAC comments are addressed to the satisfaction of the reviewing body. 2. Grading and drainage, erosion and sedimentation control and utility plans be submitted to and approved by Public Works prior to the issuance of a building permit. 3. Landscape plan be submitted to and approved by Community Development prior to the issuance of a building permit. Ray Haynes moved to approve the site plan subject to the above staff and TAC recommendations being met and subject to the drainage of this property being designed properly. Charles Willey seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 13. Site Plan - Owasso Center - A request for review of a site plan for the RCB Center described as Lot 3, Block 1, RCB Center located south of E. 960, Street N. and west of the Owasso Expressway. (Ward 1) Donna presented the item to the Commissioners. She stated that the proposed building is 33,750 square feet. Parking was discussed. Staff is requesting assurance from the owner that additional parking will be supplied if more that 50% of the lower level of the building is leased as commercial /retail space. The Technical Advisory Committee reviewed the site plan with few comments. The applicant was present to answer questions. OWASSO PLANNING COMMISSION February 13, 2001 Page No. 8 Staff recommends approval of the site plan subject to the following conditions: 1. All TAC comments are addressed to the satisfaction of the reviewing body. 2. Additional parking will be supplied if, in the future, more than 50% of lower level of the building is leased as commercial /retail space. Ray Haynes moved to approve the site plan subject to the above staff and TAC recommendations being met. Bob Randolph seconded the motion. The vote on the motion was as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0. 14. Reports on monthly building permit activity. 15. Report on planning items previously forwarded to City Council. 16. Discussion of development in and near Owasso. 17. ADJOURNMENT - Charles Willey moved, Bill Ellison seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Ray Haynes - Yes Bob Randolph - Yes Bill Ellison - Yes Charles Willey - Yes The motion carried 4 -0 and the meeting was adjourned at 9:10 PM. Chairperson Secretary I CITY OF OWASSO Planning Department SITE PLAN ELITE POOLS Staff Report Donna S. Sorrells — City Planner BACKGROUND Elite Pools, owner, has requested review of the Site Plan for Elite Pools, located on Lot 2, Block 9, Ator Heights 3'd Addition, north of E. 86th Street N. and west of the Owasso Expressway. A location map is shown on the site plan for your convenience. The subject property is zoned CG (Commercial General). ANALYSIS The applicant has proposed placement of a 1440 square foot "office trailer" on the subject property. The trailer must meet the BOCA building code standards. According to the Owasso Zoning Code, the parking required is 1 space per 200 square feet of building area. Based on this requirement, the applicant must provide 7 spaces, including one handicap /van accessible space. The applicant has provided 9 spaces including the required handicap accessible space. No loading birth is required for the building. The parking shall be paved with curb and gutter. The parking lot will act as the detention facility for this site. The applicant intends to have pool, spa and pond displays located in the front of the proposed building. This area shall be fenced and remain locked while not attended by employees. The Technical Advisory Committee reviewed the site plan at the January 31, 2001 regular meeting. A memorandum detailing the comments generated is attached for your information and review. The Planning Commission reviewed the request at the February 13, 2001 regular meeting and tabled the item to allow for the attendance of the applicant to address questions. RECOMMENDATION Staff recommends approval of the Site Plan for Elite Pools subject to the following conditions: 1. All TAC comments are addressed to the satisfaction of the reviewing body. 2. The area containing functional pools and/or ponds shall be fenced and locked while not attended by employees of Elite Pools. ATTACHMENTS 1. Application for Site Plan 2. Site Plan Checklist 3. Owner Authorization 4. TAC Memorandum 5. Site Plan for Elite Pools (Distributed prior to the February 13, 2001 meeting) O.S.P.# PLAN DATED ZONING CITY OF OWASSO $25 FEE PD. SITE PLAN APPLICATION TYPE OF DEVELOPMENT �] Retail Commercial \❑ Office ❑ Industrial NAME OF DEVELOPMENT ❑ Multi - Family ❑ Planned Unit Development %! e aoI vii y;J LEGAL ,� D,ES_CRIPTION AND ADDRESS OF rr S SS o Other q (yc0,J €-,R? UK ­7y0 D EVE LOPER:TM Sm-, -i--k ENGINEER /ARCHITECT LD(a- ADDRESS E-: )Cf'kc. S t ADDRESS SOS F- /r"l )" PHONE 2--7q` 91o9i PHONE 7-53 INFORMATION Frontage Average depth lot area Land area 100 feetO 2 n/ t(�� f�f O (i-S Ac � feet I J sq. If. .35 sq -t1 ". SETBACK FROM NEAREST Front(from center of street( Rear Sides(if corner (at;from center of street.( STRUCTURE 1 -70 feet �1�4 feet /g feet e it ,a feet SITE INFORMATION Total floor area (non "esid a n ti al( Total standard parking spaces Handicapped parking. spaces Loading berths No. of signs Total sign area 1 yq o sq. ft. 8 1 (D sq. fl. RESIDENTIAL No. of single family No. of duplex dwellings Multifamily dwellings Total liveability space INFORMATION dwellings I -B r. units 70r more br.unils Please submit 18 copies of your site which should show the location, and dimensions of the following: lot boundaries, all easements and r.o.w:s, sidewalks, parking and driveway areas, signs, ingresses and egresses to the public streets, buffer strips, landscaping, and trees. Please submit 2 copies of drainage plans, and any required utility construction ns. Applicant Signature -- l / Date , FOR INTERNAL OFFICE USE TAC MEETING DATE: OPC MEETING DATE: ACTION: ACTION: CITY OF OWASSO P.O. BOX 180 OWASSO, OKLAHOMA 74055 (918) 272 -2251 FAX (918) 272 -4997 SITE PLAN CHECKLIST SUBMIT THIS CHECKLIST TOGETHER WITH APPROPRIATE APPLICATION FORM WITH ALL MATERIAL REQUIRED FOR PLANNING COMMISSION REVIEW. INCOMPLETE SUBMITTAL PACKAGES WILL NOT BE ACCEPTED PLEASE CHECK (J) ITEMS ADDRESSED. GENERAL REQUIREMENTS: Twenty -Two (22) copies of the Site Plan* Five (A copies of the following *: • Grading and Drainage Plan • Sedimentation and Erosion Control Plan • Utility Plan • Landscape Plan *Plans should be folded to be no larger than 9 "x12" in size One 8 %Z" x 11" copy of the following: • Site Plan • Grading and Drainage Plan • Landscape Plan Completed application, $25.00 fee. Owner authorization to proceed with application. Attach copy if applicant is not record owner's agent. SITE PLAN REQUIREMENTS: Indication of the scale (i.e. 1" =100') and bar scale. L North arrow. Vicinity Map (does not have to be drawn to scale). Location, dimension and size of all proposed lots. Location of all floodplain boundaries and notation of FEMA Flood Insurance Rate Map (FIRM) with which the site is associated. Location, size and use restrictions for all "No Build" areas. Location and dimensions of required building setbacks and easements. Zoning and land uses on adjacent properties. —ZLLocation and size of all parking areas and driving and maneuvering lanes. The following information regarding existing streets adjacent to the development site: • Right -of -way (according to the Owasso Major Street and Highway Plan) and pavement widths. • Existing, proposed and anticipated street names and classifications. • Existing and/or proposed access points. • Acceleration and deceleration lanes (if required). • Traffic Island and other traffic control devices. The following information on all existing and proposed buildings: • Dimension and square footage. • Building height. • Proposed building elevation • Proposed Use ''_ Pedestrian walkways or sidewalks including curb ramps where required. Location of lighting standards. Location of proposed retaining walls (include detail and cross - section). Screening from adjacent Residential uses, if applicable. - Trash enclosure (include detail). Location, height and material of fences. / Phasing plan (if applicable). Landscape Plan Plan data table including the following information: • Site area • Building footprint area (total) • Lot Coverage • Parking required • Parking provided Appli nt ' ature Date To: The City of Owasso, Planning Boards From: D.M. Sokolosky, Property Owner Date: January 12, 2001 Subject: Owner authorization to proceed with Site Plan application and utility right of way. Block 9, Lot 2 Ator Heights 3rd addition, also known as 8880 N Garnett Rd. This letter hereby gives Timothy Smith acting for Elite Pools, Patio & Playsets authorization to proceed with Site Plan application. Permission is also granted to run utility line (sewage) from west side of Block 9, Lot 2, Ator Heights 3rd addition to existing sewage line noted on Site Plan. D.M. S olosky Date City of Owasso 207 South Cedar PO Box 180 Owasso, OK 74055 MEMORANDUM TO: Tim Smith Elite Pools FROM: Donna Sorrells City Planner SUBJECT: Site Plan Elite Pools DATE: February 1, 2001 19181 272 -2251 FAX 19181 272 -4999 The Owasso Technical Advisory Committee reviewed your request for a site plan on the above - referenced property at the January 31, 2001 regular meeting. The following comments were noted: 1. Public Works - Assure tie -in elevation at the existing sanitary sewer main will allow a 1 % minimum grade on the 4" service line. 2. Coordinate with the Owasso Fire Marshall regarding fire hydrant requirement. 3. ONG - Coordinate with ONG for detailed design of drive to accommodate existing gas line as required. CITY OF OWASSO Planning Department OLS -00 -07 Staff Report Donna S. Sorrells — City Planner BACKGROUND Tanner Consultants is requesting a review of a lot split for Lot 1, Block 1, Owasso Commercial Center III, located north of E. 76`h Street N. and east of the Owasso Expressway. A location map is attached for your information and review. Vill �w' The subject property is zoned CS (Commercial Shopping). The requested lot split would create two lots from Lot 1, Block l,Owasso Commercial Center Ill. Braum's has a contract to purchase the 16,000 square foot tract of land, to be split from the Best Western property, and incorporate it by means of a lot- tieing agreement (see attached) into the existing Braum's property to provide additional parking. The request was reviewed by the Technical Advisory Committee at the December 27, 2000 regular meeting and no comments were recorded. RECOMMENDATION Staff recommends approval of OLS -00 -07 subject to the following condition: 1. The Lot - tieing Agreement with the City of Owasso shall be recorded with the Tulsa County Clerk prior to construction on the subject tract. 2. The Lot - tieing Agreement with the City of Owasso shall be recorded with the Tulsa County Clerk prior to the approval of this Lot Split taking effect. ATTACHMENTS 1. Location Map 2. Lot Split Application 3. Legal Description 4. Survey Exhibit 5. Draft Lot - tieing Agreement O W�SS�ir COMMERMAL CEl TLE III A PEPLAT OF A PORTION OF LOT 1. RL= 1, OWASSO COMMERCIAL CENTER AN AOOITICN TO THE CITY Or OWASSO, TULSA COUNTY. OKLAHOMA 4952 OWNER OKLAHOMA INVESTMENT CO. 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LOT SPLIT APPLICATION NAME IVIOED CITY OF OWASSO NOTE: Three copies of D sketch, plot of survey or other type of drawing that will accurately depict the proposed split MUST BE attached to this application. FOLLOWING INFORMATION IS TO BE SUPPLIED BY APPLICANT WHAT 15 THE PRESENT USE Or THE TRACTT -0-Cer n'{ RACT, THAT YOU PROPOSE TO SPLIT, A5 SHOWN ON THE RECORD OF THE C II OLS-66• -611 PRESENT OWNER ❑ PURCHASER ❑ ATTORNEY FOR OWNER ® OTHER P�a.C2r� If other than NAME ADDRESS PRSInt OWnlr, OiV! MTI, //�� PHONE address and plwne number Df Preuni �E K2✓ L..OhCfxl%ihaf i. 4 1�ia� S LA,.,)rC Av.� - ruls%D�IW5-gj `� II Y PHONE I certify that this information is true and correct, ' �4 �• Qy�, �4 II a la., �,e Ara Td[, A E,1-7 af . Q 9--) S CODE 5, MMENOED TO THE (ACTION TAN! PLANNING COMMISSION - COMMISSION LEGAL DESCRIPTION OF PROPOSED TRACT NST. RELEASEC SOURCE OF WATER SUPPLY FOR THIS TRACT ° CITY ❑WELL n OTHER ILW �• TYPE OF SEWAGE DISPOSAL TO BE AVAILABLE FOR THIS TRACT gy�pp}} V �� II ' r ( / L /� I �� A44 "-41 FLchf bi+ A W LEJ SEWER El SEPTIC ❑OTHER h W STREET OR STREETS TRACT WILL FACE Km h ra M H Y PROPOSED USE OF THIS TRArT LOT SIZE Of PROPOSED TRACT PawY q LI OD FT. X 1 6 FT. LEGAL DESCRIPTION OF PROPOSED TRACT IN51. RELEASE DI SOURCE of wATE supple !oR THIS ".IT W 190 TY ❑ WEIL ❑OTHER <� TYPE OF SEWAGE D15105AL TO BE AVAILABLE FOR THIS TRACT FW Q_.I�1. L'.� EI SEWER ❑SEPTIC ❑OTHER 00 STREET STflEFT OR STREETS TRACT WILL }ACE W N• ►►�� e. PROPMO.ED USE Of THIS TRACT LOT SIZE OF PROPOSED TRACT M " t ojQ LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASEC FT. X FT. SOURCE OF WATER SUPPLY FOR THIS TRACT f W ❑CITY ❑ WELL ❑OTHER V I"' TYPE OF SEWAGE DISPOSAL TO BE AVAILABLE FOR THIS TRACT IS ❑SEWER ❑SEPTIC ❑OTHER ° STREET OR STREETS TRACT WILL FACE C W r S FO f r-I PROPOSED USE OF THIS TRACT LOT 44F or PROPOSED TRACT FT. X FT. LEGAL DESCRIPTION OF PROPOSED TRACT INST. RELEASED SOURCE Of WATER SUPPLY FOR THIS TRACT VW ❑CITY ❑WELL ❑OTHER <� TYPE OF SEWAGE DISPOSAL TO BE AVAILABLE FOR THIS TRACT ISW ❑SEWER ❑SEPTIC ❑OTHER V KW STREET OR STREETS TRACT WILL FACE =m 00 B.~ PROPOSED USE OF THIS TRACT LOT SIT[ OF PROPOSED TRACT FT. X FT. PRESENT OWNER ❑ PURCHASER ❑ ATTORNEY FOR OWNER ® OTHER P�a.C2r� If other than NAME ADDRESS PRSInt OWnlr, OiV! MTI, //�� PHONE address and plwne number Df Preuni �E K2✓ L..OhCfxl%ihaf i. 4 1�ia� S LA,.,)rC Av.� - ruls%D�IW5-gj `� II Y PHONE I certify that this information is true and correct, ' �4 �• Qy�, �4 II a la., �,e Ara Td[, A E,1-7 af . Q 9--) S CODE 5, MMENOED TO THE (ACTION TAN! PLANNING COMMISSION - COMMISSION Exhibit "A" Part of Lot 1, Block 1 Owasso Commercial Center III Additional Purchase Tract Description A TRACT OF LAND THAT IS PART OF LOT ONE (1), BLOCK ONE (1), OWASSO COMMERCIAL CENTER III, A REPLAT OF A PORTION OF LOT 1, BLOCK 1, OWASSO COMMERCIAL CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF (PLAT NO. 4952), SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT FOUR (4) OF SAID BLOCK 1, OWASSO COMMERCIAL CENTER (PLAT NO. 4422); THENCE NORTH 0 °00'00" EAST AND ALONG THE EASTERLY LINE OF LOT TWO (2) OF BLOCK 1, OWASSO COMMERCIAL CENTER (PLAT NO. 4422), FOR A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH 90 000'00" EAST AND PARALLEL WITH THE NORTHERLY LINE OF SAID LOT 4, FOR A DISTANCE OF 160.00 FEET TO A POINT; THENCE SOUTH 0 000'00" WEST AND PARALLEL WITH SAID EASTERLY LINE, FOR A DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF LOT 4; THENCE NORTH 90 000'00" WEST ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF 160.00 FEET TO THE POINT OF BEGINNING; SAID TRACT CONTAINING 16,000 SQUARE FEET OR 0.367 ACRES. 12/04/00 °o O a N Z s m S °o C esnchmmk w V[(WMeeosoo imnK Yweu v Gq( pu wni e.:(vrnw. (v.0 (wool L,..d (KNNs, YRn ol. n((Br(MBIµ se li;� :NnwR KrtS(4 wKwwn(w u, ie4t( w wm u( w�IXB uWis]RKN uwowG n:vwK Moo CommRmMl Notes O i wwSbv. fPwrR W I'ss( (. IS UeR V q .'..;L es. sL+ s lo. up Is lor: RKRdv 1. w Pi se piq fsom.Mr a (ssnIXB w BI R :m 1( m i e i�ml :nil'G' IK IL o's iM(YY,O V.00rt Yw.c liY K VW(Aw9(YK ®.m4 e.o.1 aw4u 1'¢Rrr'awx(wa M: u¢ rt. l( mus(mro mil '.L1= n xsrr' w munv Knn win Tauur Iw ei i W.R IT"s iw wm�RR�xv,.n:w(.Gmw, m.B Semi Y.:O IIIRwG X Dell. IYIY IXWq e. M). H(M[(Y M BOG[ a I(O G([�IX4(4MM BI se Nesoo,( E[IDOYd wK ieww"f°'°`.B ea lm::a a",ola( a; i o nu ga.mvl (iaomr um ,RnWBA.c ono "" or oos w.,, IX.(va,Brwo. i,%T rt mlIXav :'P'riB nl So,K, Note, ](L vO,ipv,W oo..1 sop( 9Nt n T eit(B(gO T N"W(p POUM m.i a 1N1 1M M(:IB M r((q(n rt( ®:qW gRUV :4¢O (4Y¢ es,. se BYl so ®BM rypR vuu, nvtIDw4BKiMi.uO�iup�WKWei 4W WR �ewR- n -v( (w,ww v wG0 Bn[ evvw¢ b M.mR..a mwB:wl w ( -uwr. xN['SBRB"ri W r�B >]IXO I, xK U'. N[aswn:0 Nll,rm ee - , ' O', u p se. liw'W'pp�iB�wt' x 41 ]/(' (m„w 2Y i(Sl Y ORiCI[ WL 0 io d U iU W �e m O yv i I I I I ;I g RI tl �I Its :I ---------- .J .11, p . Owasso Comerola Comer M R t{ E EAST B6M SWEET NORM 6w(r`• SIMIXr O.. - viola'. �.•'� �' w "w�'°•s e o w E 9 2 9 zi a' n -a dn S�t 6 m EAST ]61N SMEEi H00.M K ewnNa - - � ptyLacotion Moo AT J e rrwsee.r . /0 Lm'OBUMgiaW ml u DBem arvtB. vry r. v wK a Bvw -------- --- (4110 4 fwwwl G:t0. w.WYlw NMOnw OVS>.Mu /r. SW1 RN[fY OYW MlCawt. N984UN�1v10B1A1 ,Mitt'. . 160.00 :: i • . � vrnd: �, F xwooa l Bwwase w o. tuu mmAmvmwly• 6wMoe' •` - ..Nourtq'i 's RIR.IV:I YV Nq IYK mR Mt •wv pmm',(S. xGW L9 00 (ut IG � WI.w2 Y :nq I¢I W K rvn v CWeq Yv v/GI tw,uoo,(.ml svl/R (fR M YL).u¢ a' uom I owessD cDDUnemerogl comer ALTA /ACSM Land Title Survey With Topography =E Part of Lot 1, Block 1 Owasso Commercial Center III Tulsa County, Oklahoma S..Y.er St.t..t ( vw c 1uB10. w wu( swrz W W�nA YB:�wL"iaC�.w� 76th Street North vIM[O.n wR, uW IIi.( nu ](M wi p Kgtl. RK Feb -16 -01 03:55P (918 745 -9969 P.02 3L" -7 J Y!J 44vu r, uuz THIS AGREEMENT is made and entered into this .1A M day of � -G {{�� 2001, by and between RETAIL BUILDINGS, INC., an Oklahoma corporation ( "RBI'', an'd"the CITY OF OWASSO, OKLAHOMA, IN ITS GOVERNMENTAL CAPACITY, a municipal corporation ("City of Owasso")." .1 Yet u: WHEREAS, RBI is the record owner of the following described real property situated in the City of Owasso, Tulsa County, State of Oklahoma, to wit: Tract 1: Lot Four (4), Block One (1), Owasso Commercial Center, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof; and Tract 2: A tract of land that is part of Lot One (1), Block One (1), Owasso Commercial Center I1I, a replat of a portion of Lot One (1), Block One (1), Owasso Commercial Center, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded plat thereof, said tract being more particularly described as follows: Beginning at the Northwest Cornet of Lot Four (4) of said Block One (1), Owasso Commercial Center, thence North 0°00'00" East and along the Easterly line of Lot Two (2), Block One (1), Owasso Commercial Center, for a distance of 100.00 feet to a point; thence South 90'00'00" East and parallel with the Northerly line of said Lot Four (4), for a distance of 160.00 feet to a point; thence South 0^00'00" West and parallel with said Easterly line, for a distance of 100.00 feet to a point, said point being the Northeast Corner of Lot Four (4); thence North 90°00'00" West along said Northerly line, for a distance of 160.00 feet to the point of beginning. WHEREAS, RBI has requested approval of a Iot split and construction of a parking lot for an existing Braurrt's Ice Cream Store, on the aforesaid Tract 2 and has fiuther requested Permission to develop and use said Tract I and Tract 2 and construct improvements thereon in the same manner and to the same extent as would be permissible if said properties constituted one platted lot instead of two separate but adjoining tracts; and WHEREAS. the City of Owasso is willing to grant the aforesaid requests of RBI, all upon the terms and subject to the conditions hereinafter sot forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: (1) Subject to the conditions hereinaftcr set forth, tho City of Owasso does hereby grant unto RBI, its grantees, lessees, successors and assigns the following: Feb -16 -01 03:55P (918)_745_9969 (a) The right to construct a pariting tot and associated improvement on the aforesaid Tract 2; and (b) The right to use said Tract 1 and Tract 2 as though said tracts constitute a single platted lot instead of two separate but adjoining tracts. (2) The rights granted by the City of Owasso under the provisions of numerical paragraph (1) above are subject to the following conditions: (a) That the aforesaid Tract 1 and Tract 2 may not be sold, mortgaged or otherwise encumbered separate and apart from each other, and (b) That Construction of buildings and other improvements on said properties of RBI shall otherwise comply with all ordinances of the City of Owasso, Oklahoma. (3) In consideration of the covenants and agreements of the City of Owasso herein contained, 8131 does hereby agree that so long as this Agreement is in force and ef%ct, it will not sell, mortgage or otherwise encumber said Tract 1 or Tract 2, separate and independent of each other. (4) This Agreement shall automatically terminate: (a) Upon the replatting of the above described properties into a single ]at as required by law; or (b) At such time as it becomes necessary for any reason or cause to combine or use the aforesaid properties as a single lot in order to meet or satisfy the then existing bulk area and off-street parking requirements of the City of Owasso, Oklahoma, Zoning Code then in force and effect. Upon the occurrence of either of the events described in subparagraphs (a) and (b) of this numerical paragraph, the City of Owasso shall immediately upon the request of the then record owner of the above described properties, execute in recordable form a release or mutual release of this Agreement. (5) This Agreement shall be binding upon the parties hereto and each of them, their respective successors and assigns. 2 P.03 Feb -16 -01 03:55P (918) 745 -9969 P.04 i r�vv t. VV4 ACKNOWLED(3FMBNTS STATE OF OKLAHOMA } SS. COUNTY OF Before me, the undersigned, a Notary Public, in and for said County and State, on this day of 2001, personally appeared and to me known to be the it-ii pt sw executed the foregoing instrument and acknowledged to me that he/she executed the same as his/her free and voluntary act and deed of such City, for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. My Commission Expires: (SEAL) STATE OF OKLAHOMA } ) SS. COUNTY OF OKLAHOMA ) Notary Public Before me the undersigned, a Notary Public, in and for said County and State, on this personally appeared Drew Braum, as President of Retail Buildings, Inc., au Oklahom otparation, to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. My GIVEN under my hand and seal the day and year last above written. 4 Notaiy Public Feb -16 -01 03:56P (918) 745 -9969 P.05 iN WITNESS WHIMEOF, the parties hereto have executed this Agreement the day and year first above written. "CITY OF OWASSO" CITY OF OWASSO, OKLHOMA, a municipal corporation 0 City Cleric APPROVED: City Attorney Mayor APPROVED this 1f 2 day of FM"M 12001. °RBr, RETAIL BUILDINGS, INC., an Old ma corporation By: -A&&� �-- ew Branm, Press t