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HomeMy WebLinkAbout1997.05.13_Planning Commssion AgendaAGENDA PACKET OWASSO PLANNING COMMISSION May 13, 1997 AGENDA PACKET OWASSO PLANNING COMMISSION May 13, 1997 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: DATE: TIME: PLACE: NOTICE FILED BY: TITLE: Regular May 13, 1997 7:00 PM Owasso Community Center Timothy Rooney Community Development Director Filed in the office of the Owasso City Clerk at 4:00 PM on May 7, 1997. Timothy Rooney, CommunityD velopmentDirector OWASSO PLANNING COMMISSION REGULAR MEETING Tuesday, May 13, 1997, 7:00 PM Owasso Community Center, 301 S. Cedar AGENDA 1. Call to Order 2. Roll Call 3. Consider Approval of the Minutes of the April 8, 1997 Regular Meeting. 4. Utility Easement Closing Request - Lawrence Carden - A request for the closing of the southeasterly 7.5 feet of the northwesterly 17.5' utility easement located on Lot 9, Block 1, of Barrington Point, an addition to the City of Owasso. The subject property is further described as 8934 N. 130th E. Avenue. 5. Utility Easement Closing Request - Suzanne Carter - A request for the closing of the southerly 1.4 feet of the northerly 11' utility easement located on Lot 13, Block 2, Copper Meadows Addition, an addition to the City of Owasso. The subject property is further described as 7828 N. 132nd E. Avenue. 6. Amendment to Chapter 10 of the Owasso Zoning Code, Wireless Communication Tower Ordinance - Review and appropriate action relating to a proposed amendment to Chapter 10 of the Owasso Zoning Code, allowing for the regulation of wireless communication towers. 7. Amendment to Chapter 10 of the Owasso Zoning Code, Permitting Non - Permanent Accessory Vendors by Special Exception Only - Review and appropriate action relating to a proposed amendment to Chapter 10 of the Owasso Zoning Code, requiring all non- permanent accessory vendors to be approved by Special Exception through the Owasso Board of Adjustment only. Owasso Planning Commission AGENDA May 13, 1997 8. Report on Monthly Building Permit Activity. 9. Report on Planning Items Previously Forwarded to City Council, 10. Discussion of Development In and Near Owasso. 11. Adjournment OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Tuesday, April 8, 1997 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Jerry Cole Charles Willey Bill Ellison Dewey Brown MEMBERS ABSENT STAFF PRESENT Tim Rooney Marsha Hensley The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on April 2, 1997 at 4:30 PM. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF MARCH 11, 1997 REGULAR MEETING - The Commission reviewed the minutes of March 11, 1997, Jerry Cole moved, seconded by Bill Ellison to approve the minutes as written. A vote on the motion was recorded as follows: Ray Haynes - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes Dewey Brown - Yes The motion carried 5 -0. 4. Site Plan - Kourtis Properties - A request from Mr. Pete Kourtis for a review of a comprehensive site plan for three commercial /office buildings located within the Ator Heights Third Addition. Said buildings to be located on property approved via a lot split (OLS- 96 -08). The Chair introduced the case and the staff review was given by Mr. Rooney. The submitted site plan shows the construction of three different structures. Building "A" is planned for retail use, the amount of required parking spaces is 25 (one being handicapped accessible). Building "B" is planned for office use and 25 parking spaces would be required, one would need to be handicapped accessible. Building "C" is planned to be rented storage space requiring 5 parking spaces. The total number of parking spaces required is 55 and 43 parking spaces are shown, none of which are OWASSO PLANNING COMMISSION April 8, 1997 Page No. 2 handicapped accessible. Mr. Lutz of Public Works met with the developer's engineer to address the concerns of the stormwater. An agreement was made that a "catch basin" will be constructed on the property. Staff recommends approval of the site plan with the following conditions: 1. Twelve (12) additional parking spaces be added as indicated above to total 55 parking spaces. 2. Three spaces (3) are to be labeled handicapped accessible, one in front of each building. 3. No building permit shall be issued for any structure until the stonmwater improvements are installed. Ray Haynes moved to approve the site plan subject to the above staff recommendations with the following change on item #3: 3. No building permit shall be issued for any structure until the stortwater improvements are installed and approved by Owasso Public Works Authority. The motion was seconded by Charles Willey. A vote on the motion was recorded as follows: Ray Haynes - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes Dewey Brown - Yes The motion carried 5 -0. 5. Site Plan - Three Lakes Office Park - A request for review of a site plan for Michael Watson located within Lot 2, Block 1, of Three Lakes Industrial Park, further described as a portion of the W/2 of Section 29, T21N, R14E. The Chair introduced the case and the staff review was given by Mr. Rooney. The Technical Advisory Committee reviewed the site plan at their March 26, 1997 regular meeting. No concerns or comments were discussed at that time. Staff recommends approval of the proposed site plan as presented with the condition of changing the dimensions of the parking spaces from 9' x 18' to 9' x 19'. OWASSO PLANNING COMMISSION April 8, 1997 Page No. 3 Following discussion, Jerry Cole moved to approval of the site plan subject to the above staff recommendation, Bill Ellison seconded. A vote on the motion was recorded as follows: Ray Haynes- Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes Dewey Brown - Yes The motion carried 5 -0. 6. OLS -97 -02 - Dr. Mark Franklin. DDS - A request for a review of a lot split for Dr. Mark Franklin. Lot requesting to be split is Lot 7, Block 1, Ram Plaza Addition. The lot to be created is immediately west of Dr. Franklin's current office. The Chair introduced the case and the staff review was given by Mr. Rooney. The Technical Advisory Committee reviewed the lot split at the March 26, 1997 regular meeting. No comments were discussed regarding this lot split. Staff recommends approval of the proposed lot split. Charles Willey moved to approve the lot split, Dewey Brown seconded. A vote on the motion was recorded as follows: Ray Haynes - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes Dewey Brown - Yes The motion carried 5 -0. 7. Preliminary Plat - Brentwood Estates II - A request for review of a preliminary plat for Brentwood Estates Il, an addition to the City of Owasso, containing 50 single - family residential lots zoned RS -2 (Single - Family Density) on 20.49 acres, more or less. The subject property is located north of Brentwood Estates, further described as a portion of the SEA of Section 21, T21N, R14E. The Chair introduced the case and the staff review was given by Mr. Rooney. The Technical Advisory Committee reviewed the preliminary plat at their March 26, 1997 meeting. Utility companies and staff provided several comments /corrections at that OWASSO PLANNING COMMISSION April 8, 1997 Page No. 4 meeting and are included on the preliminary plat. Jerry Cole moved to approve the preliminary plat subject to TAC evaluations, the motion was seconded by Ray Haynes. A vote on the motion was recorded as follows: Ray Haynes - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes Dewey Brown - Yes The motion carried 5 -0. 8. Report on Monthly Building Permit Activity - March report was reviewed. 9. Report on Planning Items Previously Forwarded to City Council. 10. Discussion of Development In and Near Owasso. 11. Adjournment - Jerry Cole moved, Charles Willey seconded, to adjourn meeting. A vote on the motion was recorded as follows: Ray Haynes - Yes Jerry Cole - Yes Bill Ellison - Yes Charles Willey - Yes Dewey Brown - Yes The motion carried 5 -0 and the meeting was adjourned at 7:45 PM. Chairperson Secretary Date I 1 TM11 \/I TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: EASEMENT CLOSING REQUEST LOT 9, BLOCK 1, BARRINGTON POINT DATE: May 7, 1997 BACKGROUND: The City of Owasso has received a request for the closing of a portion of a utility easement located within Lot 9, Block 1, Barrington Point Addition (8934 North 130th East Avenue). The portion of the easement to be closed is described as the southeasterly 7.5' of the northwesterly 17.5' utility easement. An area map, as well as a case map, are enclosed for your information and review. As the applicants explain in their letter requesting the closure of the easement, the partial closing of the utility easement is being requested in order to allow them to construct an in- ground swimming pool. The subject property is currently developed with a single - family residence. In order for Community development staff to be able to issue a building permit for the pool, it is necessary for the applicant's to obtain closure of that portion of the utility easement proposed to be occupied by the pool. Area utility companies reviewed the request at the April 30, 1997 Technical Advisory Committee meeting. Two utility companies had concerns regarding the request and asked to set up an appointment with the property owner to verify utility locations. That verification occurred and both utilities have no objections to the request. Staff also reviewed the request at that time and is also not opposed as no water or sanitary sewer lines are located within the easement. If the request is approved by the Planning Commission, the Council will review this item at their May 20, 1997 regular meeting. Staff has no objections to the easement closing request. RECOMMENDATION: Staff recommends approval of the easement closing request, closing the southeasterly 7.5' of the northwesterly 17.5' utility easement on Lot 9, Block 1, Barrington Point Addition. 1I__3l _I E._\I1 ►l TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: EASEMENT CLOSING REQUEST LOT 9, BLOCK 1, BARRINGTON POINT DATE: May 7, 1997 BACKGROUND: The City of Owasso has received a request for the closing of a portion of a utility easement located within Lot 9, Block 1, Barrington Point Addition (8934 North 130th East Avenue). The portion of the easement to be closed is described as the southeasterly 7.5' of the northwesterly 17.5' utility easement. An area map, as well as a case map, are enclosed for your information and review. As the applicants explain in their letter requesting the closure of the easement, the partial closing of the utility easement is being requested in order to allow them to construct an in- ground swimming pool. The subject property is currently developed with a single- family residence. In order for Community development staff to be able to issue a building permit for the pool, it is necessary for the applicant's to obtain closure of that portion of the utility easement proposed to be occupied by the pool. Area utility companies reviewed the request at the April 30, 1997 Technical Advisory Committee meeting. Two utility companies had concerns regarding the request and asked to set up an appointment with the property owner to verify utility locations. That verification occurred and both utilities have no objections to the request. Staff also reviewed the request at that time and is also not opposed as no water or sanitary sewer lines are located within the easement. If the request is approved by the Planning Commission, the Council will review this item at their May 20, 1997 regular meeting. Staff has no objections to the easement closing request. RECOMMENDATION: Staff recommends approval of the easement closing request, closing the southeasterly 7.5' of the northwesterly 17.5' utility easement on Lot 9, Block 1, Barrington Point Addition. Staff Report Carden Easement Closing Page 2 of 2 ATTACHMENTS: 1. Area Map 2. Case Map 3. Letter from Mr and Mrs. Carden requesting easement closure. DATE FILED MAR. 24, 1994 PLAT NO. 4984 BARRINGTON POINT \� A SUDIVISLON CONTAININC A PMT OF THE NR /< OF THE S11 14 NORTH OF SECTION 2/, T -21 -N, R -16 -E, TULSA COUNTY , 0 / ) R -14 —E ID] o IW iW %V Fw SCAI.N-� DEVELOPER: PETE KOURTIS HOMES, INC.` P.O. BOX 419 {{ OWASSO, OKLA. 74055 / 272 -3282 ./ P.O.B. NORTHWEST CORNEF NW OF SW /A SEC. 21, T -21 -N, R -1 .i ARK s- �Q MD N r y sul. vON: PAYNE SURVEYING SERVICE 1216 W. WILL ROGERS BLPD. CLAP.£.IIORE, OKLI. 241 -061] E.OxCvp: DENNIS L. HODO. P.E.. INC. CO,VSULTI.VC £NCIN ER S 101. tfSa v 2 .�PiE- Tssz u 1 UNPLATTED W PROPOSED BARRINGTON POINT II r,n °ob xe'I /, of AYI /< CL CL z IFNL!w Y U3ia �T 21 21 ea N I +s}x¢1 CD u51 ee}x xJHIF LOCATION MAP (tt Ilb' TOTAL LOTS: 41 / TOTAL ACRES: 15.85 ' r,n °ob xe'I /, of AYI /< CL CL z 9/L - BL]¢INNG Smff LINE U/E - UIN11Y FA9E11E1(F 0/E - DPM] E E}SEUEM /5/E - 1GCES5 E EVENT 1110 - LLURS OF NO JCCESS - 1/Y WON PIN MC I IFNL!w Y / J� ���IF�!!ppp. M- -o 505'Is 1H''uurt ( c' ) U3ia 31.36 V 9P W'OG' y N Ot'S E 1� CD (tt Ilb' ISIV 5�01'iT Ll UNPLATTED LEGEND CURJE TIBLE 9/L - BL]¢INNG Smff LINE U/E - UIN11Y FA9E11E1(F 0/E - DPM] E E}SEUEM /5/E - 1GCES5 E EVENT 1110 - LLURS OF NO JCCESS - 1/Y WON PIN MC I IFNL!w P/JM U3ia 31.36 IS.M 9P W'OG' CD (tt Ilb' ISIV 5�01'iT �ywui THE PL-AT BOOK - TULSA COUNTY - COPYRIGHT I994 ROY MALERNEE: CITY MAP SERVICE TULSA, OKLAHOMA i ccnc oA, 1 11.1 ..., -- .. -rrn., — Auv o—Pnar wlTWnll, PPomfsSIOW OF COPYRIGHT OWNER i CUSTOMER: DELTA TITLE & ESCROW/ COUNTRYWIDE FUNDING CORPORATION BORROWER' CARDEN, LAWRENCE E. & CARDEN, TERRESA A. MENT (i NOTE: THIS PROPERTY LIES IN FLOOD ZONE ZAT" "C ", PER F.I.R.M. COMMUNITY PANEL M'P METER, NO. 400462 0050B, REVISED 9- 16 -82. "1 11 / 1 r \ ?J m �S M/p r .C� W S Cl The Carden Family 8934 N. 130th E. Ave. Owasso, OK 74055 Telephone (9167 27(4 -9965 April 14, 1997 To Whom It May Concern: Unclosed you will find copies of the Land Surveyor's Inspection Plat of our property. On the enlarged copy we have outlined the area in u-hich we are wanting to construct an in ground (Gunite) pool. In order to do so we Will have to ;o over the 17.5 foot easement which runs through our back yard. "Arc are asking to have part of that easement vacated and %or reduced to a 10 foot easement. On the enlarged copy; the blue shaded area indicates the pool's water and the red shaded area shows the concrete walkway going around the perimeter of the pool. You can also see from the diagram where the construction of the pool will go beyond the present easement. We are customizing the perimeter of the pool in order to not interfere with the utilities running through the yard. The water's edge will be more that five feet from the PSO and ONG lines. The edge of the three foot walkway will stop right at the TCI lines. We have talked to TCI and have a verbal agreement to reroute our cable. The water lines come in through the front and we have determined that the sewer lines exit straight out the back and will not interfere. Please let us know if you need more information on this matter. njc vor C✓ / Lawrence Carden Terresa Carden u, 8 26, -55&/ MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: EASEMENT CLOSING REQUEST LOT 13, BLOCK 2, COPPER MEADOWS DATE: May 1, 1997 BACKGROUND: The City of Owasso has received a request for the closing of a portion of a utility easement located within Lot 13, Block 2, Copper Meadows Addition (7828 North 132nd East Avenue). The portion of the easement to be closed is described as the southernmost 1.4' of the northern 11' utility easement. An area map, as well as a case map, are enclosed for your information and review. The subject property is currently developed with a single - family residence with an above ground pool. A recent survey performed for the subject property, usually indicating a planned sale of the property, indicates an encroachment of 1.4' into an 11' utility easement located on the subject property. In order for the dwelling to be "legally" permitted to exist at that location, the portion of the easement to be occupied must be closed. This can be accomplished, provided that the portion of the utility easement requested for closure is not occupied by any utility services. Area utility companies reviewed the request at the April 30, 1997 Technical Advisory Committee meeting and had no objections to the request. Staff also reviewed the request at that time and is also not opposed as no water or sanitary sewer lines are located within the easement. Staff has no objections to the easement closing request, and has advised the applicant's attorney to pursue a Variance of the RS -3 property development standards from the Owasso Board of Adjustment. Providing the easement is closed, the dwelling is still located only 9.6' from the north property line and a minimum of 10' is required. Providing the Variance request is approved by the Board of Adjustment, all survey "flaws" with the property would be addressed. Staff Report Carter Easement Closing Page 2 of 2 RECOMMENDATION: Staff recommends approval of the easement closing request, closing the southernmost 1.4' of the northerly 11' utility easement on Lot 13, Block 2, Copper Meadows. ATTACHMENTS: 1. Area Map 2. Case Map 3. Letter from Mr. Parker, Ms. Carter's Attorney, requesting easement closure 4. Letter to Mr. Parker, advising of need to obtain a Variance. DATE FILED DEC. 6, 1988 PLAT NO. 4739 vxn n' ar unsd u COPPER MEADOWS 7czoyz T ��.. AN ADDITION TO THE CITY OF OWASSO, OKLAHOMA BEING A PART Or THE NV11 /4, tJ J SW 1/4 Ai1D THE N 1/2, SW 1/4, SW 1/4, SECTION 28, T 21 N, R 14 E , TU_SA CCU, TY, OKLAHOMA. suit I-.... :n. OWNER ENGINEER 09 fC( -fi xmm 29 OKLAHOMA UTILITY CCNSTRUCTION CO WILLIAM E LEWIS, PE WAY IIA \IN'1'J'. T.I ^�� P0. U% 7 6420 5. 221 S7 E AVENUE ,u 4[ouxir R[pn 90522 OK3 74055 BROKEN ARPS4, OK 91a '555-13E= 74GI4 R14E 918/540 -2323 0 E: •A O] YI. - 6rArz ur UvtaI0Y1) vxn n' ar unsd u T ��.. LEGEND It N 'r•ili,s.l..,e .•s. r..o/ ur: `i r[a.r• °er.r Au, ee�d..I W�_w l <�. sr- b•u..a t.., WAY IIA \IN'1'J'. T.I ^�� 0 E: •A O] YI. ,6pE,,P^ PCnES E 761. ST I' SGLE LOCATION MAP B 4 -nc«i NW CORNER SW I/4 SECTION 28 I T 21 N , R 14 E , POINT OF BEGINNING N, E. CORNER W 1/2 SW I/4 S 69° 50' 35" E 1323.40' 5c c 1 n H ✓ 12 ^ _3 m i141v 1�r � I A^ s i 1 _ (` 1°.._i4 _ 1 ,]s+ ' rr .zro _! r _, \ -Tn 2I2v� ♦\ . s1.n1ir 5a =' l/S c T a " .7Ihs_e1_a ` __24 4 3 17 \ _ w \ I u2a16 6- 9 E �r 3 l 3 E/7 1205 ,z9 ie 3 ! 1 t o ca - /3/63 i' s51 ^.• : ^N n'`p 'e ✓juj.- _. wI i a.ti EAST :7// >. ssz. d:•. nvL S. -se' Leo- F,.�� /j \ .G .?„ .? ♦- /I !- �..... 9.: /3/62 so- atv I �,lo' 11902 :',. :,a 1f93o 3x n. �• '_.�aD �, \'. ° 318 ^ 76 "'S r , 1 x, ;+ (2906- 2'' 7 I5'.0 ?, i. �y�a -,5i N °,no , to ; ✓5_ o•,, as79V79 'e c . /II u TAT 7 6 YyBc'a SS i?I1 `' i \ \�� s >E•f'; 79 b ✓ - 30 WE L - IL ^W 05 1%1P 00 1 g 5 > °0'.,�. 30 ^ ¢ 1 a 31 u X13 Iq;b. 29 _ - 8 ,°, ? 1 201- m a1q� r29oy i29opx] 4 h�' M1SSt�'s a °lk r 1 ��.131''3� S ;a 9- 51T. ''sl 13 6x' 1 0 >, d,'i 3 '�/ 32 31 ;5 A iA 7 1„ 'z N c,. 292,0. ;-°r3loi r \ hl 7819.. E 9 n 5T R:� = E. 80., s "r. >`' z _/ 33 - \4, 3138 °s' �. %;0 °. 7 °J�;" ',:a: �,• \o'�. � >`�, .�/ ;b3- 3 \ \y 1 y -- � 1 za � •ise_�- r<..12909 1190>3 7 �> seas lc�.\i,i /' 334 a M1p^ tr «i .,s. IZS:s'•" 71822'," Y/31L02,°, 2 2 N 1 5 i•- .K __t_" 2� i � IS � � 0 ,II �E x?l ti ^/791au3 'L0 R]s ,r 0 17819 0 501 - ,-•s'- x ♦ 4 9 1 ob Q I 26 L /E- r z ItO. gg ST - 177._,, t- �,ss f\ 7qo8ET 1 \ \ / ( Y 0. !c ✓ 29 htL -_ E� 7811- �± '� ,5 ^O Ia\ N70 °20'12 "W 92.39' 'L\ � h` x° IOW]\ y4 .yoi 17 y / \- to 679 d� PtA1y. r. I>...e. a..,. w•. , �u. . .w.0 . ,- ° . ..m -J o�O), � \ , ;.�'a ti 4 0N a p 2 2'\2n > 3 fn'�M1 >, t \:M1Sn �131`. \ 11 y { IB. E > ., FINAL PLAT 19 l3t , mnnuzE Or a '' •_ '' t�' es I �O u 7 710L yw y O . sa�f,y 20. / n SV. s, y',•'. ,��_,,.. stE`'. 5 o I C� 1&05 21 4\s✓ ;.v ,,. 4' E iri/RQ I� +�; c53 e c?' i1_J nA.m 196 0` v y,6 �i `1- jE7 . F Ate, PS,}' I 1-} h• Ku.O^kM . J P M1. 'S4a` 2�� f \0y. ',1hM1h \,.' ! n Qp" :1'� ~3_y. 'a' L25�'0 ✓i"�S.E 11S� 9.:1 sti: ro0i6L -ter J C� N 25-35'29"W-51 88' , °7$1 t. ��i•• nrpi &. s. `; B15q 7k� t °✓ >O> > ?'b ,kl p�Il. ,r'"'; N� "- C,f. ^ 7802 : L '2 65: - ?. `,. 7 / N 36 °15'45 °W - 124.41' \ s \{z 920f ey. c.'8�q, c•rrnr re a X15' 5'42 6s5J "i.. \�g�'at3�•;, Y . >a. 5 43° 08' O8" W 5432' -5 T97Q 411 1;7k \ .oc -..\M10 �Ng50 , _\ 129.86' 1 i _ r G ✓ w, l N 47 ° 46' 56 W - 133.66 j•' S 46° 36' 40"" W 1/J _ � - 5153' nil.— • °-• ^'/i^u • ....... N 59° 25' 16" W - 86.27 v 5 3. 27' IS" W -H G� Az THE PLAT BOOK - TULSA COUNTY - COPYRIGHT 1988 ROY MALERNEE, CITY MAP 5ERVICE TULSA. OKLAIIOMA cuHarry PAYNE SURVEYING SERVICES Harry Mortgage Co. CLAREMORE, OKLAHOMA (918) 941 -0617 Hoaaortea: NORTH Suzanne Carter SCALE 1 "= 30' REGISTERED LAND SURVEYOR'S INSPECTION PLAT AND CERTIFICATE FOR MORTGAGE LOAN PURPOSES THIS PROPERTY IS LOCATED IN ZONE C PER FLOOD INSURANCE RATE MAP, # 400462 0050B, REVISED SEPTEMBER 16, 1982. BLANKET R/W EASEMENT TO P.S.O. RECORDED IN BK. 2706, PG. 538, WAS PARTIAIIY RELEASED IN BK. 5259, PG. 1127, DOES NOT AFFECT THIS PROPERTY. DEED OF DEDICATION TO THE PUBLIC, RECORDED IN BK. 5122, PG. 126, DOES NOT AFFECT THIS PROPERTY. 11' UTILITY EASEMENT TO THE CITY OF OWASSO, RECORDED IN 5142, PG. 1807, WAS CORRECTED IN 8K. 5194, PG. 1058, DOES NOT AFFECT THIS PROPERTY. 1 LU.UU '° y.o 11' UTILITY EASEMENT Z ABOVE w IGROUND ' POOL WOOD 43 pRIVE. w 24'DIA. DECK � / / .1 a I iQ. LOT 13 „i�: w 5.d BLOCK 2 Y 3 wGO �m DECK iz.o tYS �s =27.5 1 —I Z.oh s.a 0.8 120.00 6.3 NOTE NO VISIBLE EVIDENCE OF ANY UTILITY LINES UNDER STRUCTURE NOTE: DWELLING IS 1.4' OVER THE NORTH 11' UTILITY EASEMENT. 25 >I Q O W 0 I0 z N z 25 4,Gl�ZC�WJ'C� CCCILC �C� ✓✓ CERTIFICATE This plat is made for and at the request of Harry Mortgage Co. for mortgage loan purposes only covering property described as: Lot Thirteen (13), Block Two (2), COPPER MEADOWS, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, accorded to the recorded Plat thereof. 7828 North 132nd East Avenue, Owasso, OK 74055 1 hereby certify that the above inspection plat shows the improvements as located on the premises described, that they are entirely within the described tract boundaries, and that there are no encroachments thereon except as indicated; that the above plat shows all recorded plat easements and other such easements as have been disclosed and furnished on behalf of lender; that this plot was prepared for identification purposes only for the Mortgagee and is not a land survey; that no property corners were set, and it Is not to be used or relied upon f ablishment of fence, building or other improvement lines. No responsibility is assumed Rr rkifjfq �by to the present or future land owner or occupant. ,AJ' :a WITNESS my hand and seal this _ 26th day of CARTER RANDAA R. PAYNE I CA 68 (LS) EXPIRES R0111,RT H. PARKER KT111'IIL)N F. RANKIN HOWARD A. MADDUN ROBE12T E. PARICE, R AN�I3 ASSOCIATES ATTORNEYS AND COUN iEEORS AT LAW SO UTHERNV HILLS TURTR, SUITE 100 2431 E. 61si� STREET TULSA, OICLAIIO \L\ 74136 April 22, 1997 Mr. Tim Rooney Owasso Planning Commission P.O. Box 180 Owasso, OK 74055 TILE I'II0N11 745-079_1 AREA CODE,. 918 11A% 742 -8143 Re: Request for Partial Vacation of Easement on Lot 13, Block 2, COPPERMEADOWS, an Addition to the City of Owasso, in the County of Tulsa, State of Oklahoma, according to the Recorded Plat thereof. Present Owner: Suzanne Carter Dear Mr. Rooney: 1'. O. 130,%'70270.3 TULSA, OK 74170 I am requesting and making application for the partial vacation of the 11 foot utility easement along the North property line of the above property and am enclosing herein a copy of a survey which indicates a 1.4 foot encroachment of the house into said easement. The legal description of the portion we are requesting vacated is as follows, to -wit: A tract of land described as Beginning at the Northeast corner of Lot 13, Block 2, COPPERMEADOWS, an Addition to the City of Owasso, in the County of Tulsa, State of Oklahoma, according to the Recorded Plat thereof, thence South a distance of 11 feet; thence west a distance of 27.5 feet to the Point of Beginning;, thence West and parallel with the North property line a distance of 24.8 feet to a point; thence North 1.4 feet to a point; thence East and parallel with the North property line a distance of 24.8 feet to a point; thence South 1.4 feet to the Point of Beginning. Page 2 Letter to Mr. Tim Rooney April 22, 1997 Please let me know what I can do to help and what you may need from me. Your assistance in this matter is greatly appreciated. j ruly E. Parker ey at Law REP /dlh City of Owasso 207 South Cedar PO Box 180 d Owasso, OK 74055 : April 24, 1997 M. Mr. Robert E. Parker Robert E. Parker and Associates Southern Hills Tower, Suite 100 2431 E. 61st Street Tulsa, OK 74136 RE: Request for Utility Easement Closing The southern 1.4 feet of the northern 11' utility easement Lot 13, Block 2, Copper Meadows Dear Mr. Parker, (918) 272 -2251 FAX (918) 272 -4999 The purpose of this letter is to acknowledge receipt of your client's request to close a portion of a utility easement located on the above described property. An application fee of $25.00 is needed in order to process the request. Providing the fee is received, this item will be placed on the May 13, 1997 Planning Commission meeting for action. Providing the request is approved by the Planning Commission, this item would then be placed on the May 20, 1997 Council meeting for final approval. Additionally, for title purposes and to be in compliance with the Owasso Zoning Code's property development standards for an RS -3 (Residential Single - Family High Density) zoning district, a Variance should also be pursued by your client as minimum side yard setbacks are 5 feet on one side and 10 feet on the other. Your client's residential dwelling would be in violation of this requirement as there is only 9.6 feet on the north side of the dwelling. I have enclosed information regarding the application process for the Board of Adjustment, as well as an application for a Variance. Please note that the Board of Adjustment meets the fourth Tuesday of every month on an as needed basis and the application deadline for the May 27, 1997 meeting is Friday, May 2, 1997. The application fee for a Variance is $75.00, plus additional costs billed directly to the applicant from the newspaper in which the notification is published (approximately $40.00). If you have any questions, please do not hesitate to contact me at (918) 272 -2251. Sincerely, Timothy D. Rooney L Community Development Director MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: PROPOSED AMENDMENT TO CHAPTER 10 OF THE OWASSO ZONING CODE REGARDING TELECOMMUNICATION TOWERS DATE: May 9, 1997 BACKGROUND: At the March 18, 1997 regular meeting of the Owasso City Council, Ordinance No. 541 was approved and adopted establishing a sixty (60) day moratorium on the construction or modification of all types of communication towers in the City of Owasso. The moratorium was established as a result of staff's review of the Owasso Zoning Code regarding telecommunication towers and the opinion that the Owasso Zoning Code was incapable of sufficiently addressing concerns regarding telecommunication towers. A copy of the memorandum recommending Council approval of Ordinance No. 541, the ordinance that established the moratorium, is attached for your information and review. WIRELESS BUILDOUT CONFERENCE: On March 24 and 25, 1997, staff attended the Wireless Buildout Conference in Dallas, Texas. The conference, sponsored in part by the American Planning Association, was designed to bring those involved with telecommunications towers (wireless communication providers, tower companies, and planning officials) together in order to clear up any misconceptions regarding the telecommunications industry, as well as to discuss the challenges communication towers present to communities and alternative means of regulation. Over 135 people attended the conference (the second of its kind nationwide), one third of which were municipal planning officials. In addition to a large amount of the information and guidelines that are contained within the proposed amendment, the following is a brief synopsis of information received at that conference: Currently there are over 40 million wireless customers in the United States. It is anticipated that by the turn of the century there will be 100 million wireless customers. There are currently 25,000 tower sites in the United States. By the year 2,000, it is estimated that the total number of towers will be 60,000 to 65,000. Staff Report Proposed Amendment to Chapter 10, Section 1004 Page 2 of 3 Competition within the industry has increased (see original memo). Offering a streamlined permit process for telecommunication towers if desired items are included appears to work best for both the communities and providers. PCS will require additional towers and locations than conventional cellular services. Lower rates for this type of service should be anticipated. Due to the increased competition, providers are wanting a quick turnaround. Because of Owasso's relatively flat topography, less towers should be anticipated here than in other areas. Owasso's proximity to the Tulsa areas population will help reduce the amount of towers in our city limits, although additional towers should be expected in Owasso. PROPOSED AMENDMENT: After reviewing the Owasso Zoning Code and attending the Wireless Buildout Conference, staff has developed a proposed text amendment. Ordinance No. 543, enclosed for your information and review, would amend Chapter 10, Section 1004 of the Zoning Code by adding "wireless telecommunication and utility facilities" to the included uses spelled out within Section 1004. Additionally, it adds definitions utilized within the industry and sets specific criteria to be met by communication providers in order to be permitted by right in CG, CH, IL, IM, or IH zoning districts, and additional requirements to be met if requesting a Special Exception of the Owasso Board of Adjustment. A copy of the existing Section 1004 of Chapter 10 is attached for your information and review. Some basic factors that are required as a portion of this proposed amendment are as follows: It encourages the placement of towers in CG, CH, IL, IM, and IH districts through not requiring Special Exception approval, providing specific requirements are met by the applicant. Towers of a monopole design, or one of equal or lesser impact, are required in order to be permitted by right. Must be monopole if within 200 feet of residential property if requesting a Special Exception. Towers with the co- location abilities for a minimum of three providers. Staff Report Proposed Amendment to Chapter 10, Section 1004 Page 3 of 3 Security fencing Minimum setbacks for towers depending upon height, as well as minimum setbacks from residential districts. Allows for the placement of telecommunication equipment on existing sign structures, utility structures, and buildings and establishes minimum standards to be met for each. This is a brief overview of several items contained within the proposed amendment, and is not all inclusive. Again, Ordinance 543 is enclosed for your information and review and it contains all language and requirements that would be included. INDUSTRY INPUT: Copies of the proposed ordinance amending the Owasso Zoning code were sent out to Southwestern Bell Wireless Services and Mr. Keven Coutant, an attorney who represents numerous telecommunication providers in the Tulsa Metropolitan Area. Mr. Coutant worked with the City of Sand Springs in the development and review of their telecommunication tower ordinance. No comments regarding the proposed ordinance have been received at this time, however staff does anticipate receiving comments prior to Tuesday evening's Planning Commission meeting. It was requested that any comments be returned to the Community Development Department by mail or facsimile by Tuesday, April 13, 1997. If this amendment is recommended for approval by the Planning Commission, it will be presented to the Owasso City Council at their May 20, 1997 regular meeting. RECOMMENDATION: Staff recommends approval of the proposed amendment to Chapter 10, Section 1004 of the Owasso Zoning Code as presented. ATTACHMENTS: 1. Ordinance recommending moratorium 2. Chapter 10, Section 1004 of the Owasso Zoning Code ENCLOSURES: 1. Ordinance No. 543 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ORDINANCE NO. 541 - ESTABLISHING A SIXTY (60) DAY MORATORIUM ON THE CONSTRUCTION OR MODIFICATION OF COMMUNICATION TOWERS DATE: March 13, 1997 BACKGROUND: Approximately two years ago, and again in August 1996, the FCC auctioned off to the highest bidder the right to exclusively occupy and use defined portions of the radio airways spectrum. As a result of these actions and the subsequent enactment of the 1996 Telecommunications Act by Congress, numerous telecommunications companies have been created. A significant portion of these "new" companies are establishing wireless communication networks all across the United States, in an attempt to provide the next generation of cellular phone technology or Personal Communication Services (PCS). PCS is similar to existing cellular telephone service with the exception that it is operated at a higher frequency - thus resulting in a technical requirement of double the communications facilities which have supported cellular technology. As a result, an onslaught of communication tower applications is anticipated throughout much of the United States. OWASSO ZONING REGULATIONS: In staff's opinion, the City of Owasso's Zoning Code is inadequate to address land issues created by the 1996 Federal Communications Act and PCS technical needs. Currently, communication towers are permitted by right in any commercial or industrial district in Owasso, subject to setback requirements. In all other areas (residential, office, and agriculture), towers are permitted only if a Special Exception is received through the Board of Adjustment. The staff concerns are as follows: 1. Various types of towers exist (monopole, lattice, guy - wired) today and consideration should be given to restricting those that are aesthetically challenged. Staff Memorandum Moratorium for Communication Towers Page 2 of 3 2. As a majority of the land abutting the Owasso Expressway is zoned for commercial and /or industrial uses, consideration should be given to preserve this corridor from the intrusion of towers. 3. The Zoning Code does not contain criteria for the Board of Adjustment to consider regarding communication towers. Consideration should be given to establish minimum standards for appropriate colors, types, setbacks, screening, lighting, signage, and height. 4. The Zoning Code contains no requirement to design towers to accommodate multiple users. This may be singularly the best way to minimize the number of communication towers. 5. The Zoning Code does not require the removal of abandoned towers. 6. The Zoning Code contains no up to date definitions relating to issues associated with cellular and PCS antenna towers and antennas. WHAT OWASSO CAN AND CANNOT DO: The 1996 Telecommunications Act states: "Except as provided (herein), nothing in this act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities." The Act does, however, place three important limitations on local governments 1) cities may not "unreasonably discriminate among providers of functionally equivalent services," 2) cities may not "prohibit or have the effect of prohibiting the provision of personal wireless services," and 3) cities may not regulate personal wireless services "on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the (FCC's) regulations concerning such emissions." In light of the concerns contained within this memorandum and recent action by the City of Tulsa establishing a moratorium in order to update and redefine their zoning code, staff feels it is in the best interest of the Council to establish a sixty (60) day moratorium concerning the construction and /or modification of communication towers. Because the City of Tulsa has established a moratorium prohibiting towers, it is quite likely that communication providers may look to Owasso and other communities in which to locate their towers. Staff Memorandum \Moratorium for Connnunication Towers Page 3 of 3 If the moratorium is established, staff will be conducting a thorough review of the Owasso Zoning Code as it relates to communication towers, monitoring similar efforts in the Tulsa metropolitan area, and attending a conference in Dallas, Texas regarding tower placement. Proposed changes would then be presented to the Planning Commission and Council for adoption. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 541, establishing a moratorium on the construction and /or modification of communication towers. Furthermore, staff recommends the inclusion of an emergency clause, thus allowing the ordinance to take effect immediately after its passage. ATTA CBMENTS/ENCLOSURL,S 1. Ordinance No. 541 1003.3 Use Conditions Horticultural nursery permits the growing of plant stocks only and permits no retail sales on site. 1003.4 Off- Street Parking and Loading Requirements None. SECTION 1004 USE UNIT 4 PUBLIC PROTECTION AND UTILITY AND OPEN AIR FACILITIES (TEMPORARY) 1004.1 Description Public protection and utility facilities which may have technical loca- tional requirements necessitating specific locations in or around area services, and certain temporary open air land uses which can be objec- tionable to certain other uses and are, therefore, permitted in certain districts by special exception and in the remaining districts by right. 1004.2 Included Uses Ambulance service, electric regulation station (excluding storage or ser- vice garages and yards), fire protection facility, pressure control sta- tion (gas or liquid, excluding storage or service garages and yards), shelter (civil defense or storm), transmitting tower (excluding amateur, radio tower), water storage facility NEC, temporary open air facilities such as carnival, Christmas tree sales, circus, and tent revival. 1004.3 Use Conditions Temporary open air facilities may continue for a period not to exceed sixty (60) days per each application for special exception approved by the Board of Adjustment. 1004.4 Off- Street Parking and Loading Requirements None. SECTION 1005 USE UNIT 5 COMMUNITY SERVICES CULTURAL AND RECREATIONAL FACILITIES 1005.1 Description Community services, cultural and recreational facilities which are needed in residential areas to serve the residents or need a residential environ- ment, but which are or can be objectionable to nearby residential uses. These uses are permitted by special exception in some districts, by right in some districts, and prohibited in other districts. MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY D. ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: TEXT AMENDMENT TO ALLOW NON - PERMANENT ACCESSORY VENDORS BY SPECIAL EXCEPTION ONLY DATE: May 9, 1997 I. &TORK tTlifi►117 The City of Owasso currently permits non - permanent accessory vendors in Commercial and Industrial districts through the Licensing and Business Regulations of the Code of Ordinances for the City of Owasso (see attached). No site plan review, notification of surrounding property owners, or public hearing for input are currently involved in the review process of this type of business. Gradually, over the last two years, non - permanent accessory vendors have created increasing planning challenge for staff. Because the current Code of Ordinances does not specifically require zoning compliance or site plan review of any kind, staff possesses no "legal" authority to intervene and require specific conditions to be met. A review of the current regulations and possibilities regarding future regulation indicates that the best manner in which to regulate this type of use would be to require each use to obtain a Special Exception from the Owasso Board of Adjustment. Currently, Section 1002 of Chapter 10 of the Owasso Zoning Code is designed to permit specific uses "which in some instances may be suitable for location in any use district but, because of their potential adverse influence on adjacent properties, require site plan review and are therefore, permitted in all use districts as a special exception requiring Board of Adjustment approval." Included uses specifically called out within this section include off -site construction facilities and temporary office structures. By requiring all other accessory vendors to obtain a Special Exception through the Owasso Board of Adjustment, all property owners within 300 feet of the subject property would receive notification of the request, a legal ad would be published in the Owasso Reporter, a site plan would be required for review, and a public hearing would be conducted. Additionally, it would allow for each request to be reviewed specifically as it relates to its proposed location and any challenges that may accompany it at that location. The Board of Adjustment then, depending upon those challenges, may require specific conditions be met by the applicant in order for the request to be approved. Staff Report Amendment - Vendors Page 2 of 2 It should be noted such a requirement, if adopted by the City Council as an amendment to the Zoning Code, would not be applicable to the current vendors who have already received licenses (licenses expire one year from the date of issuance), but would apply to all future requests of this nature. Uses that would be included for this type of review process through the Board of Adjustment include snow cone vendors, BBQ vendors, and plant and flower vendors. The staff has developed an ordinance amending the Zoning Code that will require accessory vendors to obtain a Board of Adjustment Special Exception as described above. A copy of the proposed ordinance is attached for your information and review. If this amendment is approved by the Planning Commission, it will be forwarded to the Owasso City Council for action on May 20, 1997. RECOMMENDATION: Staff recommends approval of the proposed amendment to Chapter 10 of the Owasso Zoning Code, requiring all non- permanent accessory vendors to obtain a Special Exception from the Owasso Board of Adjustment. ATTACITVIENTS: 1. Licensing and Business Regulations of the Code of Ordinances, City of Owasso 2. Chapter 10, Section 1002 of the Owasso Zoning Code 3. Ordinance No. 544 Section 9 -201 Section 9 -202 Section 9 -203 Section 9 -204 Section 9 -205 Section 9 -206 Licensing and Business Regulations CHAPTER 2 ITINERANT VENDORS Definitions. License required Application. Exemption. License fee. Transfer. SECTION 9 -201 DEFINITIONS. For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Itinerant vendor" means and includes all persons, firms or corporations, as well as their agents and employees who engage in the temporary or transient business in the city of selling or offering for sale any goods or merchandise, or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever in the city in, through, or from which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof; 2. "Temporary" as used in Paragraph 1 hereof means any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least one hundred (100) days, in or upon which such business is to be operated or conducted; and 3. "Transient" as used in Paragraph 1 as used hereof means any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees who reside away from the city or who have fixed places of business in places other than the city or who move stocks of goods or merchandise or samples thereof into the city with the purpose or intention of removing them, or the unsold portion thereof, away from the city before the expiration of one hundred (100) days. The term "itinerant vendor" shall not include or be construed to include anyone engaged in interstate commerce nor anyone upon which the provisions of this chapter would impose a direct and unlawful burden on interstate commerce. (Prior Code, Sec. 5 -24) SECTION 9 -202 LICENSE REQUIRED. It is unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, any goods or merchandise in the city without first obtaining a license as herein provided for. The city clerk shall issue to any itinerant vendor a license authorizing such itinerant vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof in the city his goods or merchandise only after such itinerant vendor shall have fully complied with all provisions of this chapter and shall have paid the license fees hereinafter provided, which sum shall be compensation to the city for the services herein required of it and to enable the city to partially defray the expenses of enforcing the provisions of this chapter. (Prior Code, Sec. 5 -25) Licensing and Business Regulations SECTION 9 -203 APPLICATION The itinerant vendor shall make application to the city clerk of the city at least ten (10) days prior to the date of his contemplated sale or exhibit to be held in the city which application shall be in the form of an affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers if it be a corporation, and the partnership name and the names and addresses of all partners if such itinerant vendor be a firm. The application thereof must be accompanied by: 1. A statement showing the kind and character of goods to be sold, or merchandise to be sold, offered for sale or exhibited; 2. A certified copy of the charter if the itinerant vendor be a corporation, incorporated under the laws of this state; 3. A certified copy of its permit or authority to do business in the state if the itinerant vendor be a corporation, incorporated under the laws of some state other than Oklahoma; and 4. A bond in the sum of not less than Five Hundred Dollars ($500.00), executed by the itinerant vendor as principal, with some surety company authorized to do business in the state as surety, which bond shall be payable to the city for the use and benefit of any person or persons entitled thereto and conditioned that the principal and surety will pay all damages to person, or persons, caused by or arising from, or growing out of the wrongful or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the city. The bond shall remain in full force and effect for the entire duration of the license permit as provided herein, and two (2) years thereafter. (Prior Code, Sec. 5 -26) SECTION 9 -204 EXEMPTION. This chapter is not and shall not be held to be applicable to the: 1. Ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in business of buying and selling and dealing in goods or merchandise; 2. Vendors of farm produce, poultry, stock, or agricultural products in their natural state; and 3. Sales of goods or merchandise donated by the owners thereof, the proceeds whereof to be applied to any charitable or philanthropic purpose. (Prior Code, Sec. 5 -27) SECTION 9 -205 LICENSE FEE. The license fee for itinerant vendor shall be Fifty Dollars ($50.00) and shall be for a period of not to exceed six (6) business days, or any fraction thereof. Upon the completion of the six (6) business days, the license fee thereafter shall be at the rate of One Dollar ($1.00) per day, or any fraction thereof. Cross Reference- See peddler's license fees, Section 9 -113 of this code. Licensing and Business Regulations 3. Amusement park or pleasure resort, as defined herein, per annum - Seventy -five Dollars ($75.00); 4. Repealed by Ordinance No. 463 on June 15, 1993. 5. Agents or canvassers, house -to- house, of any kind whatsoever where not otherwise provided, per day - Ten Dollars ($10.00); per year - Fifty Dollars ($50.00); 6. Car lot shipment, where the goods are sold or delivered direct from the car, per car - One Hundred Dollars ($100.00); Carnivals: a. Any carnival requiring not over twenty -five (25) cars or other transport vehicle shall pay a fee for the first day of Two Hundred and Fifty Dollars ($250.00); b. Twenty -six (26) cars and not over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Dollars ($300.00); C. Over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Fifty Dollars ($350.00); or d. All carnivals shall pay Fifty Dollars ($50.00) additional for each day thereafter; 8. Carousel, merry-go- round, ferns wheel or swing, or any carnival attraction, not in connection with any amusement park, carnival, or circus, per day - Twenty -five Dollars ($25.00); 9. Entertainments or concerts, other than religious, charitable and those otherwise exempted under state law, and not otherwise specified, per day - Twenty -five Dollars ($25.00); 10. Exhibitions or any type of contest or game not otherwise provided for, and where admission is charged, per day - Twenty -five Dollars ($25.00); 11. Ice cream vendor, as defined herein, for the first vehicle, so used - Twenty -five Dollars ($25.00); and for each additional vehicle - Ten Dollars ($10.00); Every licensee hereunder shall, at all times, keep each motor car, vehicle and container used in his or its business, in a clean and sanitary condition, and all containers for the products and commodities offered for sale by the licensee, shall be kept securely covered or closed while in transit, so as to prevent contamination of the products or commodities, by dirt, flies or insects. The person duly authorized by the city council, shall inspect once a week, each motor car, vehicle or container used by any licensee, and he shall revoke or suspend the license for any violation of the conditions; 12. Lunch- vending business, per vehicle - Twenty -five Dollars ($25.00); for each additional vehicle - Ten Dollars ($10.00); If ice cream and lunches are both sold from the same vehicle, then only one license shall be required; 13. Repealed by Ord. No. 463 on June 15, 1993; 1000.3 Applicability of Use Conditions A use shall be subject to the provision of the district in which located, and, in addition, shall be subject to the use conditions specified in the applicable use unit. Where the requirements of the use unit are greater than the requirements of the use district, the use unit requirements shall govern. 1000.4 Off- Street Parking and Loading Requirements The off - street parking and loading requirements shall not apply to uses located within the CH Commercial High Intensity District. SECTION 1001 USE UNIT 1 AREAWIDE USES BY RIGHT 1001.1 Description Certain public uses, agricultural uses, open land uses, and similar uses which are either subject to other public controls or which do not have. adverse effects on other land uses. 1001.2 Included Uses Passive agricultural uses such as: cultivation, forestry, grazing, planting; open land uses such as: arboretum, flood management project, reservoir, wildlife preserve; public uses such as: fire alarm, historical marker, street sign, thoroughfare, utility line, political campaign signs. 1001.3 Use Conditions - Political Campaign Signs No political campaign sign shall be erected more than forty -five (45) days prior to any election, nor shall any sign be permitted to remain on any property more than seven (7) days following an election; no political campaign signs shall be permitted on public property and they shall be permitted on private property only with the consent of the property owner; the display surface area of each political campaign sign located in R or 0 zoning districts shall not exceed sixteen (16) square feet in surface area; only one side of a double -faced sign shall be computed in the computation of display surface area. 1001.4 Off- Street Parking None. SECTION 1002 USE UNIT 2 AREAWIDE SPECIAL EXCEPTION USES 1002.1 Description Uses which in some instances may be suitable for location in any use district but, because of their potential adverse influence on adjacent properties, require site review and are, therefore, permitted in all use districts as a special exception requiring Board of Adjustment approval. 62 1002.2 Included Uses Airport, heliport, bus station, cemetery, convict pre - release center, crematory, governmental services NEC, gun club, hydro - electric generation plant, juvenile deliquency center, mausoleum, offsite construction facility, post office, rifle and skeet range, sanitary landfill, sewage disposal facility, and water treatment plant, and temporary office structures not otherwise allowed by building and zoning codes. 1002.3 Use Conditions a. Construction facilities 1. The use may continue for a period not to exceed two years in the same location. 2. Ingress and egress must be from arterial or collector streets, provided that the Board of Adjustment may approve a location with access to a minor street upon a finding that such location would not result in increased traffic. on streets in residential areas. 3. The use shall not be located nearer than 100 feet to any lot containing an occupied dwelling without the consent of the owner thereof. 1002.4 Off- Street Parking and Loading Requirements Airport Other Uses Parking Spaces 1 per each 500 sq. ft. of enclosed passenger terminal area Loading Berths 1 per 2,000- 40,000 sq. ft. of floor area, plus 1 per 40,000 - 100,000 sq. ft., plus 1 per each additional 100,000 sq. ft. As may be required by the Board of Adjustment in granting the special exception use. SECTION 1003 USE UNIT 3 AGRICULTURE 1003.1 Description Agricultural uses and services and certain other uses suitable for location in an agricultural environment. 1003.2 Included Uses Animal and poultry raising, farming, fishery, ranching, chick hatchery, guest or dude ranch, riding stable or academy, dairy farming, and horti- cultural nursery. 63 CITY OF OWASSO, OKLAHOMA ORDINANCE NO 544 AN ORDINANCE AMENDING PART TWELVE (12) PLANNING, ZONING AND DEVELOPMENT, CHAPTER TWO (2) ZONING REGULATIONS, SECTION 12 -201 ZONING REGULATIONS ADOPTED, CHAPTER TEN (10), USE UNITS, AMENDING SAME IN PARTICULAR SECTION 1002 - AREAWIDE SPECIAL EXCEPTION USES TO ALLOW NON - PERMANENT ACCESSORY VENDORS BY SPECIAL EXCEPTION ONLY, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EFFECTIVE DATE. WHEREAS, public hearings have been held regarding the proposed amendment to the Owasso Zoning Code, Chapter 10, Section 1002, and; WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the proposed amendment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA THAT: Section 1. That PartTwelve (12), Planning, Zoning and Development, Chapter 2, Zoning Regulations, Section 12 -201, Chapter Ten (10), Use Units, Section 1002, Areawide Special Exception Uses should be, and hereby is amended by adding "Non Permanent Accessory Vendors" to the Included Uses contained therein. Section 2. That all ordinances or parts thereof in conflict herewith are hereby expressly repeated. Those portions consistent herewith remain unaffected hereby. Section 3. That this Ordinance shall, upon passage, become effective thirty days from the date of first publication as provided by State law. PASSED AND APPROVED this 20th day of May, 1997. Mary Lou Barnhouse, Mayor ATTEST: Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D Cates, City Attorney PERMITS APPLIED FOR IN APRIL 1997 ADDRESS BUILDER ADD /ZONE VALUE A.S.F. PERMIT DATE 8903 N 104 E Ave Atlantis Pools FW /PUD 20,000 528 97- 0401 -P 04/02/97 8751 -E N 117 E Ave Alliance Development MVS /CS 26,000 1300 97- 0402 -C 04/02/97 10203 E 93 St No Burd Homes FW /PUD 126,042 3001 97- 0403 -X 04/02/97 13506 E 90 St No Jeff Hughes BRE /RS -3 88,662 2111 97- 0404 -X 04/02/97 8402 N 100 E Ave Wanda's Homes SLE /PUD 118,230 2815 97- 0405 -X 04/02/97 8516 N 102 E Ave Central Plains SLV /PUD 83,370 1985 97- 0406 -X 04/03/97 12201 E 82 St No Fiesta Pools EC /RS -3 5,000 400 97- 0407 -P 04/03/97 8418 N 123 E Ave Chesapeake Bldg ECC /OL 101,400 2534 97- 0408 -C 04/03/97 9113 N 130 E Ave American Heartland CP /RS -2 128,142 3051 97- 0409 -X 04/04/97 13905 E 87 Ct No Silver Creek BWP /RS -2 149,184 3552 97- 0410 -X 04/07/97 11 ^'t E 87 Ct No Silver Creek BWP /RS -2 123,774 2947 97- 0411 -X 04/07/97 87S 1 -C No 117 E Ave Oil Capital Neon MVS /CS 2,200 42 97- 0412 -5 04/08/97 11006 E 117 St No Home Address CE /RS -3 84,900 1935 97- 0413 -X 04/08/97 8 So Atlanta Landco Const GL /CH 40,500 1350 97- 0414 -C 04/09/97 8751 N 117 E Ave, #F Acura Neon MVS /CS 2,600 33 97- 0415 -5 04/09/97 10203 E 92 St No Renaissance Prop FW /PUD 128,562 3061 97- 0416 -X 04/09/97 8927 N 133 E Ave Aloha Pools BP /RS -2 15,500 640 97- 0417 -P 04/10/97 9021 N 137 E Ave Simmons Homes BRE /RS -3 126,336 3008 97- 0418 -X 04/11/97 13105 E 95 Ct No Granite Pools WL/RS -2 22,000 684 97- 0419 -P 04/11/97 9904 N 114 E Ct Lee Custom Homes BR /PUD 107,016 2548 97- 0420 -X 04/14/97 9908 N 114 E Ct Lee Custom Homes BR /PUD 127,344 3032 97- 0421 -X 04/14/97 13313 E 93 St No Jody Crosby Pools WL /RS -2 15,000 430 97- 0422 -P 04/14/97 13305 E 93 St No Jody Crosby Pools WL /RS -2 23,000 540 97- 0423 -P 04/14/97 8918 N 137 E Ave American Heartland BRE /RS -3 112,770 2685 97- 0424 -X 04/14/97 13414 E 89 PI No Heritage Const BRE /RS -3 101,598 2419 97- 0425 -X 04/15/97 9 N Garnett Road Kourtis Properties AH /CG 100,000 5000 97- 0426 -C 04/17/97 9106 N Garnett Road Legacy Investment AH /CG 225,000 7500 97- 0427 -C 04/17/97 9104 N Garnett Road Kourtis Properties AH /CG 60,000 3000 97- 0428 -C 04/17/97 8 D N 117 E Ave TwenLy -First Properties MVS /CS 4,300 47 97- 0429 -S 04/18/97 13816 E 87 St No Morton Homes BE /RS -2 97,860 3304 97- 0430 -X 04/18/97 11603 N 109 E PI Jim Willingham CE /RS -3 85,218 2029 97- 0431 -X 04/21/97 8263 Owasso Exp Richets Construction TL/IL 210,000 7000 97- 0432 -C 04/21/97 12704 E 90 St No Perry Hood CP /RS -3 112,098 2669 97- 0433 -X 04/22/97 8801 N 131 E Ct Milestone Homes BP /RS -2 105,168 2000 97- 0434 -X 04/22/97 8802 N 136 E Ave Milestone Homes BE /RS -3 116,760 2340 97- 0435 -X 04/22/97 8814 N 131 E Ct Lewis Framing BP /RS -2 2,000 196 97- 0436 -X 04/22/97 8751 -D N 117 E Ave Construction Techniques MVS /CS 15,000 1300 97- 0437 -C 04/22/97 9206 N 133 E Ave John K. Davis, Jr WL/RS -2 115,248 2744 97- 0438 -X 04/22/97 11615 N 110 E Ave Cloud Construction CE /RS -3 101,220 2410 97- 0439 -X 04/23/97 11105 E 117 St No Sher Mar CE /RS -3 87,864 2092 97- 0440 -X 04/23/97 11018 E 118 St No Heritage CE /RS -3 76,026 1811 97- 0441 -X 04/23/97 10910 E 116 PI No Horne Address CE /RS -3 88,284 2102 97- 0442 -X 04/23/97 11 rl`)2 E 118 St No Home Address CE /RS -3 90,720 2160 97- 0443 -X 04/23/97 32/, No Carlsbad Davey Redford ST /RS -3 2,700 360 97- 0444 -X 04/28/97 12706 E 90 St No Boos Builders CP /RS -3 109,998 2619 97- 0445 -X 04/30/97 8751 -B N 117 E Ave Canaan Construction MVS /CS 5,400 180 97- 0446 -C 04/30/97 MONTHLY TOTALS 26 Single Family Dwellings 2,792,394.00 66,430 Sq. Ft. 2 Residential Remodel 4,700.00 556 Sq. Ft. 5 Commercial 696,400.00 25,034 Sq. Ft. 4 Commercial Remodel 86,900.00 4,130 Sq. Ft. 3 Signs 9,100.00 122 Sq. Ft. 6 Pools 100,500.00 3,222 Sq. Ft. 46 Building Permits Applied For 3,689,944.00 99,494 Sq. Ft. RESIDENTIAL Building Permits (New Construction Counts) Month 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 January 12 7 12 14 4 1 7 8 6 6 9 12 16 45 February 13 12 10 3 5 3 4 7 10 11 10 8 18 35 March 15 18 14 16 2 7 14 5 12 12 15 28 30 34 April 15 17 29 22 8 6 9 3 12- 17 18 18 39 26 May 14 22 17 11 8 6 9 10 9 8 13 8 24 June 18 - 17 19 14 4 12 5 10 13 18 23 15' 37 July 12 13 19 21 7 10 4 9 10 10 13 13 28 August 7 8 -17 12 6 9 14 10 10' 9 20 20 26' September 6 10 17 13 11 10 10 14 14 12 12 20 21 October 8 10 17 10 5 14 8 9 17 8 11 27 13 November 15 1 9 5 8 10 1 8 19 13 15 20 13 December 2 t 10 17 5; 4 10 5 6 10 9 3 19 - 28 TOTALS 137 145 197 146 72 98 90 99 142 13: Year to Date 55 54 65 55 19 17 34 23 40 46 5 E d a April Year to Date Count RESIDENTIAL Building Permits (New Construction Dollars) April Year to Date Dollars 0 3 U e � o � c � E2 bl U E1 3 � E 19B 1965 IWO 1997 19N 1999 1931 1991 1992 199] 1996 1595 1996 1997 New Construction Dollars Totals for Each Year i,99o, I I oao U e � o � c � E2 bl U E1 3 � E 19B 1965 IWO 1997 19N 1999 1931 1991 1992 199] 1996 1595 1996 1997 New Construction Dollars Totals for Each Year i,99o, oao P/1 171 Irma lye '-u la1 I'll 11W 1_aJ 19:11 1992 1991 1994 1995 1996 1997 66 103 140 COMMERCIAL Building Permits (New Construction Counts) Month 1984 1985 1986 1987 1988 1989 1990 1991 January 4 0 3 0 0 0 2 2 February 3 7 2 4 0 0 0 0 March 1 0 2 3 0 0 0 0 April 2 4 4 2 0 0 1 1 May 0 3 1 0 0 0 1 1 June 3 3 0 1 0 0 2 0 July 3 3 2 1 0 1 1 0 August 0 c 1 2 0 0 3 1 2 September 1 1 4 1 0 0 1 0 October 2 3 2 0 0 1 1 1 November 3 0 0 0 0 2 2 0 December 4 1 2 0 1 0 1 1 TOTALS 26 26 24 12 1 7 13 8 Year to Date 10 29 24 9 22 20 tB E 46 v w a 12 u 10 E a EE 6 O 6 0 1992 1993 1994 1995 1996 1997 0 0 1 1 0 0 0 1 0 1 2 0 2 1 0 0 5 2 1 1 0 0 3 5 1 2 2 3 0 0 2 5 3 0 1 0 0 5 1 0: 4 2 3 1 1 1 0 0 2 1 0 0 1 2 1 0 2 1 2 0 0 1 1; 2 1 9 0 0 3 3 3 3 Includes Churches, Schools, and Government Facilities April Year to Date Count u ii I' i COMMERCIAL Building Permits (New Construction Dollars) e a 3 Z a U 3 April Year to Date Dollars New Construction Dollars Totals for Each Year 2 10 CITY OF OWASSO RESIDENTIAL LOT INVENTORY STATUS April 30, 1997 ADDITION NAME # OF LOTS # DEVELOPED # AVAILABLI Bailey Ranch Est (2/95) 118 49 69 Barrington Point (4/94) 41 40 1 Barrington Point II (10/94) 49 44 5 Barrington Point III (8/96) 32 9 23 Barrington Estates (12/96) 127 31 96 Brentwood Estates (5/94) 51 40 11 Brentwood Park (2/97) 20 6 14 Broadmore Heights (10/92) 32 26 6 Camden Park (1/94) 38 19 19 Central Park (2/95) 45 20 25 Country Estates (9/95) 138 116 22 Double Oaks (9/92) 90 83 7 Double Oaks II (8/92) 22 20 2 Double Oaks III (8/93) 63 55 8 Double Oaks IV (11/94) 96 72 24 Fairways at Bailey Ranch (8/95) 80 67 13 Fairways II (1/97) 84 18 66 Hidden View (6/96) 10 10 0 Nottingham Estates (11/94) 46 27 19 Nottingham Estates (3/97) 15 1 14 The Estates at Southern Links (12/95) 23 14 9 The Village at Southern Links (11/95) 61 36 25 Windsor Lake (8/92) 39 39 0 Windsor Lake II (6/93) 40 37 3 Windsor Lake II Ext (10/93) 4 2 2 TOTALS 1364 881 483 CITY OF OWASSO Residential Lot Inventory Status BAILEY RANCH EST j BARRINGTON EST BARRINGTON PT BARRINGTON PT II BARRINGTON PT III BRENTWOOD EST i BRENTWOOD PARK i BROADMORE HTS I CAMDEN PARK I J CENTRALPARK COUNTRY ESTATES DOUBLE OAKS DOUBLE OAKS II i DOUBLE OAKS III j DOUBLE OAKS IV FAIRWAYS FAIRWAYS II I ; HIDDEN VIEW i NOTTINGHAM EST NOTTINGHAM EST II I � I ESTATES AT SL � VILLAGE AT SL WINDSOR LAKE WINDSOR LAKE II WINDSOR LAKE II EXT 0 20 40 60 80 100 120 140 ® Developed = Total Lots