HomeMy WebLinkAbout1996.05.14_Planning Commission AgendaAGENDA PACKET
OWASSO PLANNING COMMISSION
MAY 149 1996
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING COMMISSION
TYPE OF MEETING: Regular
DATE: May 14, 1996
TIME: 7:00 PM
PLACE: Owasso Community Center
NOTICE FILED BY: Timothy Rooney
TITLE: Community Development Director
Filed in the office of the Owasso City Clerk at 11:00 AM on May 2, 1996.
Timothy Rooney, o unity Wvelopme irector
OWASSO PLANNING COMMISSION
REGULAR MEETING
Tuesday, May 14, 1996, 7:00 PM
Owasso Community Center, 301 S. Cedar
AGENDA
Call to Order
2. Roll Call
Consider Approval of the Minutes of the April 9, 1996 Regular Meeting.
4. Preliminary Plat - Nottingham Estates II - A request for a review of the preliminary plat
for Nottingham Estates II, an addition to the City of Owasso containing 92 lots on 68.56
acres, more or less. Nottingham II is located directly east of Pleasant View Estates
(Tulsa County) and Nottingham Estates.
5. Preliminary Plat - Coun= Estates II - A request for a review of a preliminary plat for
Country Estates II, an addition to the City of Owasso containing 193 lots on 49 acres,.
more or less. Country Estates II is located immediately north of Country Estates.
6. Final Plat - Barrington Point III - A request for a review of the final plat for Barrington
Point III, an addition to the City of Owasso. The subject property is described as being
located immediately south of Barrington Point I & II, just north of the Owasso High
School, and contains 32 lots on 9.19 acres, more or less.
7. Final Plat - Fairways R - A request for a review of the final plat for Fairways II, an
addition to the City of Owasso containing 84 lots on 28.90 acres, more or less. Fairways
II is located northwest of The Fairways at Bailey Ranch.
8. Site Plan Review - Michael D. Roark - A request for a review of a site plan for a portion
of Lot 1, Block 2, Ram Plaza Addition. The subject property is located directly east of
Warehouse Market.
Owasso Zoning Code Update - A continued review of Chapters 8 and 9 of the Owasso
Zoning Code.
Owasso Planning Commission
AGENDA
May 14, 1996
10. New Business
11. Report on Planning Items Previously Forwarded to City Council
12. Discussion of Development In and Near Owasso
13. Adjournment
OWASSO PLANNING COMMISSION
MINU'T'ES OF REGULAR MEETING
Tuesday, April 9, 1996
Owasso Community Center
301 South Cedar, Owasso, Oklahoma
MEMBERS PRESENT
Ray Haynes
Jerry Cole
Charles Willey
MEMBERS ABSENT
Gary Wells
Dewey Brown
STAFF PRESENT
Tim Rooney
Marsha Hensley
The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on April 2, 1996.
at 11:00 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 MARCH 12, 1996 REGULAR
MEETING - The Commission reviewed the minutes of March 12, 1996, Jerry Cole
moved, seconded by Ray Haynes to approve the minutes as written.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
4. Final Plat - Betty Smith Business Park - A request for a review of the final plat for Betty
Smith Business Park, an addition to the City of Owasso. The subject property is
described as a part of the NW 14 of Section 20, Township 21 North, Range 14 East,
Tulsa County, Oklahoma, and contains 1 lot on 15.70 acres, more or less. The subject
property is located south of E. 96th Street North, west of the Owasso Expressway.
The Chair introduced the case and staff review was given by Mr. Rooney. The end use
of the subject property will be an office and vehicle fleet storage facility for Oklahoma
Natural Gas and is estimated to employ approximately 30 people. The final plat was
reviewed by the Technical Advisory Committee at their March 27, 1996 meeting. No
comments and /or corrections were suggested by the utility companies attending this
meeting. Acceleration/deceleration lanes at the entrance of the subject property will be
required as a portion of the street construction. Also, the inclusion of the city landscape
covenant within the covenants of the addition will be required.
Ray Haynes moved to approve the final plat for Betty Smith Business Park, subject to
the requirements made by staff. Seconded by Charles Willey.
Owasso Planning Commission
April 9, 1996
Page No. 2
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
5. Final Plat - Hidden View Addition - A request for a review of the final plat for Hidden
View Addition, an addition to the City of Owasso. The subject property is located at the
southeast corner of Fifth and Carlsbad and contains 10 residential lots on 1.94 acres,
more or less.
The Chair introduced the case and staff review was given by Mr. Rooney. The final plat
contains all recommendations made by staff during the preliminary plat review with the
exception of addresses needing to be added.
Jerry Cole moved to approve the final plat for Hidden View Addition with the condition
of addresses being added to the plat. Seconded by Ray Haynes.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
6. Site Plan Review - Mingo Valley Shopping g enter - A request for a review of a site plan
for Mingo Valley Shopping Center. The subject site is located on a portion of Tract D,
Lot 2, Mingo Valley Shopping Center.
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 27, 1996 regular
meeting. Comments from the utility companies and city personnel were are follows:
1. Add an additional 6.5' to the existing 11' utility easement that runs
north /south behind the proposed structure.
2. Stop signs be added at both exits from the parking lots.
3. That a fire hydrant be added within the parking lot island that is proposed
to contain a sign.
The members of the Planning Commission had concerns with traffic cutting through the
parking lot. Placing islands with curbs and guttering in the parking lot were agreed to
by the applicant.
Owasso Planning Commission
April 9, 1996
Page No. 3
Jerry Cole moved to approve the site plan with the requirements of the three (3) above
TAC items and landscaping (curbed and guttered) of the parking lot islands. Seconded
by Charles Willey.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
7. Lot Split - John Williams - A request for review of a lot split for Lot 1, Block 2 of the
Ram Plaza Addition. The subject property is located immediately east of the former
Owasso Food Lion Building.
The Chair introduced the case and staff review was given by Mr. Rooney. The Owasso
Technical Advisory Committee reviewed the lot split request at their March 27, 1996
meeting. At that meeting no comments or concerns were addressed by the utility
companies. Staff recommends approval of OLS -96 -02 with the following conditions:
1. That the applicant proceed with a plat amendments changing the "limits
of no access" as shown on the original Ram Plaza plat.
Ray Haynes moved to approve the lot split subject to the recommendation made by staff.
Seconded by Charles Willey.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
8. Lot Split - Mingo Properties - A request for review of a lot split for Lot 2, Block 1,
Mingo Commerce Center. The subject property is located directly east of Mazzio's
restaurant and if the lot split is approved, would correct a surveying error.
The Chair introduced the case and staff review was presented by Mr. Rooney. The
Technical Advisory Committee reviewed this request, the only comment received from
the utility companies was to ensure that the utility easement be maintained. Staff had no
objections to the lot split.
Jerry Cole moved to approve the lot split subject to the maintaining of the utility
Owasso Planning Commission
April 9, 1996
Page No. 4
easement. Seconded by Ray Haynes.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
9. Lot Split Request - John J. Livingston - A request for review of a lot split for a tract of
land situated in Lot 1, Block 19, Elm Creek Estates First Addition. The subject property
is located immediately east of the Owasso Auto Zone and is the future site of Owasso
Attic Storage.
The Chair introduced the case and staff review was presented by Mr. Rooney. The
Technical Advisory Committee reviewed this request on March 27, 1996 with one
comment. The utility companies want to ensure that a 17.5 utility easement be granted
along the west, south and east boundaries of the entire subject property.
Ray Haynes moved to approve the lot split subject to TAC recommendation. Seconded
by Jerry Cole.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
10. Easement Closing - Steven K Hampton - A request to close a portion of a 17.5 utility
easement located within Lot 2, Block 3, Windsor Lake Addition. The subject property
is located at 13305 E. 93rd Street North, Owasso, OK.
The Chair introduced the case and staff review was given by Mr. Rooney. The applicant
wishes to construct an in- ground pool in their back yard. It is necessary for the applicant
to seek a portion of the 17.5' utility easement be closed. The Technical Advisory
Committee reviewed this request on March 27, 1996 and had no objections to the
applicant's request.
Ray Haynes moved to approve the easement closing. Seconded by Charles Willey.
A vote on the motion was recorded as follows:
Owasso Planning Commission
April 9, 1996
Page No. 5
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0.
11. Owasso Zoning Code Update - A continued review of Chapters 8 and 9 of the Owasso
Zoning Code.
The Planning Commission members tabled this item for the May 14, 1996 regular
meeting.
12. New Business - The Commission will be reviewing the final plat on Barrington Point III,
also preliminary plats on Country Estates II and Nottingham Estates II at next month's
meeting.
13. Report on Planning Items Previously Forwarded to City Council.
h[1Ti -
14. Discussion of Development In and Near Owasso
None
15. Adjournment - Charles Willey moved, Jerry Cole seconded, to adjourn meeting.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 3 -0 and the meeting was adjourned at 7:45 PM.
Chairperson
Secretary
Date
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PRELIMINARY PLAT
NOTTINGHAM ESTATES II
DATE: May 6, 1996
BACKGROUND
The City of Owasso has received a request for review of a preliminary plat for Nottingham
Estates II. Nottingham Estates II is a proposed 92 lot residential addition located on a 68.56
acre tract. The subject tract is located immediately east of Pleasant View Estates (Tulsa County)
and Nottingham Estates. Access to this addition will be via E. 96th Street North and will tie into
Nottingham Estates.
The Technical Advisory Committee reviewed the preliminary plat at their May 1, 1996 meeting.
At that meeting, the utility companies supplied the developer with several different comments
and requests regarding utility easements. All of those requests will be included on any final plat
application. In addition to the utility company comments, staff also provided a list of all of the
city comments regarding the plat and construction plans. Those comments are as follows:
1. Limits of No Access need to be added along the double fronted lots the back
up to N. 138th E. Avenue.
2. Provide a lot area total sheet for the addition.
3. The park area needs to be designated as a private park.
4. Covenants need to be supplied. The developer has stated that these will be
similar to that of Nottingham Estates.
5. 15' utility easements need to be added within the front building lines of all
lots.
6. Acceleration /Deceleration lanes need to be constructed along E. 96th Street
North.
7. Addresses and street names are available.
8. Change the street labeled as N. 138th E. Avenue to N. 136th E. Avenue
The construction plans have been submitted for review. Please note that storm water detention
will occur throughout most of the area identified as park area and will include a pond with a
private picnic shelter. These plans are currently in the review stage. This is a preliminary plat,
and the Planning Commission will see it again. No action will occur on any final plat until the
construction plans have been approved by the Engineering Division of the Public Works
Department and permits to construct have been issued by the Oklahoma State Health
Department.
Preliminary Plat
Nottingham Estates H
Page 2 of 2
An additional item of note is the likely development of Nottingham Estates II. The area
contained within this plat is likely to develop in phases, the first of which will be the most
northerly portion of the plat. The developer should be commended for giving the staff and the
Planning Commission the opportunity to look at the whole picture at the beginning of the
project, rather that a project that is piece - mealed together.
RECOMAUNDATION
Staff recommends approval of the preliminary plat of Nottingham Estates II with the inclusion
of staff's recommendations /comments and those of the area utility companies.
ATTACHMENTS
1. Area map.
2. Copy of Nottingham Estates Addition.
ENCLOSURE
Preliminary plat for Nottingham Estates Addition.
DATE FILED
SEPT. 2, 1994
NOTTINGHAM ESTATES
AN ADDITION TO THE CITY OF ONASSO, VISA COUNTY, STATE OF OMaIIONA
A SUBIHVIMON OF THE SEI /4 OP THE NRI /4. LE53 THE IfE57 150 FEET
THEREOF. IN SECTION 21. TOWNSHIP 21 NORTH. RANGE 14 EAST.
UNPLATTED
THE PLAT BOOK - TULSA COUNTY - COPYRIGHT 1994 ROY MALERNEE. CITY MAP SERVICE TULSA. OKLAHOMA
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PRELIMINARY PLAT - COUNTRY ESTATES II
DATE: May 2, 1996
BACKGROUND
The City of Owasso has received a request to review a preliminary plat for A & W Development
for their proposed development titled Country Estates II. Country Estates II is located north of
Country Estates and is north and west of the northwest corner of E. 116th Street North and
Garnett Road. A location map, as well as a copy of the Country Estates plat have been attached
for your information and review. The proposed plat would contain approximately 193 single -
family residential high density lots on 49 acres, more or less. The subject property was rezoned
from AG (Agriculture) to RS -3 (Residential Single - Family High Density) in May of 1995.
The Technical Advisory Committee reviewed the preliminary plat for Country Estates II at their
May 1, 1996 regular meeting. At that meeting, area utility companies had the opportunity to
request additional service easements, as well as utility easements for street lighting. All of these
requested easements will be included on the final plat to be reviewed by the Planning
Commission.
In addition to the utility company comments, the applicants were supplied with several staff
comments and /or corrections to the plat. Those comments are as follows:
1. Limits of no access need to be added to the double fronted lots that back up
to Garnett Road.
2. Acceleration/Deceleration lanes will be required at the entrance location off
of Garnett Road.
3. Street name changes as follows:
E. 119th Street North to E. 118th Court North
E. 120th Street North to E. 119th Street North
E. 121st Street North to E. 120th Street North
E. 122nd Street North to E. 120th Court North
N. 106th East Avenue to N. 109th E. Avenue
Preliminary Plat
Country Estates II
Page 2 of 2
4. Change the name of the plat from "Country Estates Phase II" to "Country
Estates II."
5. Provide a lot area total sheet.
6. Addresses have been assigned and should be included on the final plat
submittal.
The construction plans are still in their review process and should not be looked on as lacking
any significant information at this time as this is a preliminary plat. Please note that the
developer has constructed a detention facility as a portion of the Country Estates plat which has
been designed to handle all storm water detention for all phases of Country Estates. The
covenants for Country Estates Phase II are similar in nature to Country Estates.
Staff is recommending Planning Commission approval of the preliminary plat for Country
Estates subject to Technical Advisory Committee recommendations.
ATTACHMENTS
1. Location map.
2. Country Estates plat.
ENCLOSURES
1. Preliminary plat for Country Estates II.
5. Covenants for Country Estates II.
OWASSO SPORTS-PLEX
COUNTRY ESTATES
AN ADDITION TO THE CITY OF OWASSO,
OKLAMOMA, BEING A PART OF THE S 1/2 SE 1/4 OF
SECTION 6, T -21 -N, R -14
TULSA COUNTY, OKLAHOMA
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: FINAL PLAT
BARRINGTON POINT HI
DATE: May 6, 1996
BACKGROUND
The City of Owasso has received a request from Kourtis Properties, Inc. to review a final plat
for Barrington Point III. Barrington Point III is located immediately south of Barrington Points
I & H, immediately north of the Owasso High School facility. The subject plat, if approved,
would contain 32 lots on 9.19 acres, more or less.
The Barrington Point Additions (I,II, and III) were reviewed in entirety by the Owasso Planning
Commission in July and September of 1993. After all three received preliminary and final plat
approval by the Planning Commission, the developer filed the final plats and pursued
development of Barrington Point I & II, but did not file Barrington Point III. Several
explanations for not filing Barrington Point III can be determined, most notably that Barrington
Point III is zoned RD (Residential Duplex) and could have developed as duplex housing. Since
that time, however, the developer has opted to also develop Barrington Point III as single- family
residential. Because of the above factors, staff required the developer to go through the entire
platting procedure again. The preliminary plat for Barrington Point III was reviewed and
approved by the Planning Commission a second time at its February 8, 1996 regular meeting.
The Technical Advisory Committee reviewed the final plat for Barrington Point III at their
May 1, 1996 regular meeting. At that meeting, the utility providers reviewed the plat and had
no comments and /or corrections. Staff comments regarding the final plat were as follows:
1. Provide staff with a lot total area sheet. This has been provided to staff.
Between the preliminary plat approval and the final plat submittal, the developer changed three
small facets of the plat. Those changes are as follows:
1. Provide and label a reserve area along the western property line of Lot 10,
Block 2 in order to provide pedestrian access to the Owasso High School
property.
2. Reduce the building lines on the side yards of Lots 18 and 28, Block 2 to 15'
from 30'.
Final Plat
Barrington Point III
Page 2 of 2
3. Change the building lines of all front yards from 30' to 25'.
The construction plans for this plat have been reviewed by the Engineering Division of the
Public Works Department and have been approved. Currently, the applicant has submitted the
construction plans to the Oklahoma State Health Department for permits to construct sewer and
water lines. Once again, no action is taken by the City Council on a final plat until the permits
to construct have been issued.
Mr. groves will be in the audience to answer any questions you may have regarding these plans
per your request when the preliminary plat was reviewed.
RECOMMENDATION
Staff is recommending Planning Commission approval of the final plat for Barrington Point III.
ATTACHMENTS
1. Copies of Barrington Point I & II plats.
2. Area map.
ENCLOSURES
1. Final plat and covenants for Barrington Point III.
DATE FILED
MAR. 24, 1994 PLAT NO. 4984
BARRINGTON POINT]
A SUOMSION CONTAINING A PART OF THE Nlf /1 OF TXE SU/4 /
OF SECTION 21, 7-21 —N, R —f4 —E, TULSA COUNTY. ONLAXOXA.
UNPLANED
LEGEND
THE PLAT BOOK — TULSA COUNTY— COPYRIGHT 1994 ROY MALERNEE, CITY MAP SERVICE TULSA, OKLAHOMA
FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER
DATE FILED APRIL 28, 1994 PLAT NO. 4998
SURVEYING SERVICE BARRINGT ON POINT II'
MEMORANDUM
TO: THE PLANNING COMMISSION
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: THE FAIRWAYS H AT BAILEY RANCH
FINAL PLAT
DATE: May 6, 1996
BACKGROUND
The City of Owasso has received a request to review the final plat for The Fairways II at Bailey
Ranch, an addition to the City of Owasso. The Fairways II at Bailey Ranch is located north and
west of The Fairways at Bailey Ranch, and is best described as the continuation of residential
development surrounding the northern portion of the golf course (that area between E. 86th
Street North and E. 96th Street North). The subject property is zoned PUD (Planned Unit
Development) and allows for several different size residential lots. No commercial, office, or
multi - family development is included within this final plat area. The preliminary plat for The
Fairways II at Bailey Ranch was approved at the December 1995 regular planning commission
meeting.
The final plat for The Fairways II at Bailey Ranch was reviewed by the Technical Advisory
Committee at their May 1, 1996 meeting. At that meeting, the are utility companies were
present to comment on the final plat. The comments on the Fairways II plat were limited to the
following:
1. A utility easement crossing along Larkin Bailey Blvd. This crossing request
has been included within your plat.
2. An 11' utility easement (filed by separate instrument) will be needed along
the north perimeter.
3. Several requests for street light utility easements were also made and are
included on the plat within your packet.
Staff comments regarding the final plat were as follows:
1. Addresses for this plat are available. They are included within the enclosed
plat.
The Faiways H at Bailey Ranch
Final Plat
Page 2 of 2
As discussed at the preliminary plat review, several adjustments to the golf cart path locations
were going to need to be made as the golf cart paths were located within the planned rear lots
of this addition. Since that time frame, the developer and the former Golf Authority worked
closely to resolve these problem areas and all have been addressed at this time.
One concern, a concern the developer is aware of, still remains regarding The Fairways II at
Bailey Ranch. Acceleration/Deceleration lanes are still needed at the entrance to this
development area. The developer has assisted with this process by constructing the entrance off
of Mingo Road, however it is the Trust's responsibility to complete the required
acceleration/deceleration lanes. The city has stated, and continues to state, that these lanes need
to be completed prior to the occupancy of any building within Phase II.
The construction plans have been reviewed by the Engineering Division of the Public Works
Department. If the final plat is approved by the Planning Commission, the applicant will need
to obtain the permits to construct the water and sewer lines from the Oklahoma State Health
Department prior to this item being placed on the City Council agenda. Mr. Groves will be in
attendance to answer any questions you may have regarding the construction plans.
RECOMMENDATION
Having had all items from the TAC meeting addressed, staff recommends approval of the final
plat for The Fairways II at Bailey Ranch.
ATTACIiMENTS
1. Area map.
2. Copy of the Fairways at Bailey Ranch.
1. Final plat for The Fairways II at Bailey Ranch.
The Fairways
at
Bailey Ranch
DATE AUG. 2, 1995 PLAT NO. 5085
BRENTWOOD ESTATES
FIRST ADDITION
DATE FILED JULY 28, 1993 PLAT NO. 4940
BARRINGTON ESTATES
DATE NOV. 21, 1996 PLAT NO. 5164
AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA
A SUBDIVISION OF THE NE 4 OF THE SW/4 OF SECTION 21, TOWNSHIP 21 NORTH
RANGE 14 EAST
MEMORANDUM
TO: THE PLANNING COMMISSION
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: COMMUNICATION TOWER MORATORIUM
ZONING CODE AMENDMENT
DATE: April 4, 1997
BACKGROUND:
Attached, for your information and review, is a memorandum that was forwarded to the City
Council in March of this year. The memorandum discusses staff's concern with Communication
Towers and the identified concerns as they relate to the City of Owasso's Zoning Code. The
City Council, upon staff's request, enacted a sixty (60) day moratorium on the construction or
modification of any cellular towers within the City of Owasso in order to allow staff to attend
a telecommunications conference in Dallas, TX regarding the development and communication
industry concerns, as well as to allow for any needed revisions to the Zoning Code.
The changes to the Zoning Code that will be recommended by staff will be brought to the
Planning Commission at your May 13, 1997 regular meeting for review and action. Upon
approval, these changes would then be forwarded to the City Council for review and action at
their May 20, 1997 meeting.
As a portion of the review of any "Tower Ordinance," I will be soliciting the input of
communication providers, as well as utilizing the information gained from the conference in
Dallas. Because federal law would prohibit the City of Owasso from completely restricting
towers altogether in our community, I envision a streamline permit process for th-6 location of
communication towers in areas of our community deemed "acceptable" for tower placement, and
a more lengthy "public hearing" process for those areas that the City identifies as "marginally
acceptable" or "not acceptable ".
If you have any questions, please do not hesitate to contact me at 272 -2251.
ATTACHMENTS:
1. Memorandum to City Council
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:
j 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 Conuitunication 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."
CONCLUSION:
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 Communication 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.
ATTACIIMENTS/ENCLOSURES
1. Ordinance No. 541
CITY OF OWASSO
ORDINANCE NO. 541
AN ORDINANCE DECLARING A SIXTY (60) DAY MORATORIUM,
PROHIBITING THE CONSTRUCTION OF, OR ISSUANCE OF PERMITS
FOR, NEW STRUCTURES OR THE MODIFICATION OF EXISTING
STRUCTURES USED TO SUPPORT ANTENNAS; PROVIDING FOR
PENALTIES FOR VIOLATION THEREOF; AND DECLARING AN
EMERGENCY.
WHEREAS, die City Council has been advised [hat an increase in the amount of
applications for permission to construct communication towers in die City of Owasso and
throughout the Tulsa metropolitan area, including in residential, office, industrial,
commercial, and agricultural zoned districts, is likely in the next few months; and
WHEREAS, the federal government has enacted the Telecommunications Act of 1996
which places certain restrictions and obligations on local governments in connection with the
regulation of the telecommunications industry; and
WHEREAS, the provisions of the Zoning Code of the City of Owasso, Chapter 10,
Section 1004, pertaining to the regulation of antennas and their supporting structures, have
not been reviewed since the adoption of the Telecommuuications Act of 1996 and did not
contemplate the proliferation of communication towers that is now anticipated to occur in the
City; and
WHEREAS, on February 13, 1997, the Tulsa Metropolitan Area Planning
Commission ( "TMAPC ") and the Indian Nations Council of Governments ( "INCOG "), of
which, membership in both organizations is held by the City of Owasso, commenced a study
and review of all applicable zoning regulations respecting installation, operation, and removal
of communication tower facilities; and
WHEREAS, the TMAPC and INCOG anticipate issuing their recommendations as to
changes to existing zoning ordinances and additional zoning regulations within the next sixty
(60) calendar days; and
WHEREAS, it is the desire of the City Council to ieview recommendations and
proposed changes to the zoning ordinances as soon as possible so the City Council can
review and implement changes to the ordinances and lift the moratorium prior to the
expiration of the next sixty (60) calendar days; and
WHEREAS, a moratorium prohibiting the construction of, or issuance of permits for,
new structures or the modification of existing structures which are used primarily to support
antennas, whether as a principal or accessory use, and which are in excess of thirty feet (30')
in height, is necessary while the City conducts the study of its present regulations; and
WHEREAS, the City Council finds that the moratorium imposed by this ordinance is
necessary for the protection of the public, peace, health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT
Section 1. That a moratorium prohibiting the construction of, or issuance
of permits for, new structures or the modification of existing
structures which are used primarily to support antennas, whether
as a principal or accessory use, and which are in excess of thirty
feet (30') in height, is hereby declared and established for a
period of sixty (60) days from and after the effective date of this
ordinance in all residential, office, commercial, industrial, and
agricultural zoned districts within. the City of Owasso.
Section 2. Any property owner or other party, who violates the moratorium
established by this ordinance shall be guilty of a misdcnhennor
and, upon conviction thereof, shall be punished by a fine of not
less than one hundred dollars ($100.00) nor more than bvo
hundred dollars ($200.00), excluding court costs, and /or thirty
(30) days imprisonment. Each day such violation is committed
or permitted to continue shall constitute a separate offense.
Section 3. This moratorium shall not apply to any zoning application which
was filed and also deemed to be complete prior to the effective
date of this moratorium.
Section 4. The establishment of fine /imprisonment under authority of this
ordinance shall not be construed as the exclusive penalty and
shall not prevent the City of Owasso from seeking appropriate
legal remedies in the District Courts of Tulsa Count),.
Section 5. Nothing herein shall preclude or prohibit the filing of an
application with the Board of Adjustment for a special exception
for the use of property in residential, office, and agricultural
zoned districts or areas for a tower, provided notice shall not be
given and a public hearing on such application shall not be
scheduled during the moratorium.
Section 6. That an emergency is hereby declared to exist for the
preservation of the public peace, health, and safety, by reason
whereof this ordinance shall take effect immediately from and
after its passage, approval, and publication.
PASSED AND APPROVED this 18th day of March, 1997.
City of Owasso, Oklahoma
ATTEST:
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
J
Danny Ewing, Mayor
PERMITS APPLIED FOR IN MARCH 1997
ADDRESS BUILDER ADD /ZONE VALUE A.S.F. PERMIT DATE
2302 E 86 St No
Construction Concepts
ECC /CG
12,000
1000
97- 0301 -C
03/03/97
1001 E 117 St No
Pete Burd
CE /RS -3
79,422
1891
97- 0302 -X
03/03/97
806 N 136 E Ave
Ronald Staggs
BRE /RS -3
118,230
2815
97- 0303 -X
03/03/97
3606 E 89 St No
Morton Homes
BRE /RS -3
126,000
3000
97- 0304 -X
03/03/97
814 No 134 E Ct
Adams Homes
BRE/RS -3
108,864
2592
97- 0305 -X
03/03/97
751 N 117 E Ave, #B
Claude Neon
MVS /CS
6,000
98
97- 0306 -S
03/03/97
1500 E 80 St No
Strickland Const
EC /CS
223,200
18600
97- 0307 -C
03/03/97
3801 E 88 St No
Simmons Homes
BE /RS -2
135,492
3226
97- 0308 -X
03/04/97
2322 E 86 St No
AMAX Signs
ECC /CG
1,080
14
97- 0309 -S
03/05/97
0301 E 90 St No
Bob Pravnan
FW/PUD
105,000
2782
97- 0310 -X
03/05/97
_ E 90 Ct No
Milestone Homes
BRE /RS -3
116,760
2780
97- 0311 -X
03/06/97
119 N 102 E Ave
Milestone Homes
FW /PUD
108,486
2583
97- 0312 -X
03/06/97
3417 E 90 St No
Milestone Homes
BRE /RS -3
134,400
3200
97- 0313 -X
03/06/97
0625 E 113 St No
David McHughes
HA /RS -3
400
324
97- 0314 -X
03/06/97
3908 E 87 Ct No
Silver Creek
B`JVP/RS -2
152,628
3634
97- 0315 -X
03/07/97
3904 E 87 Ct No
Silver Creek
BWP /RS -2
127,218
3029
97- 0316 -X
03/07/97
1632 E 86 St No
AMAX Signs
TL /CS
2,000
30
97 0317 -S
03/07/97
0202 E 93 St No
Simmons Homes
FW /PUD
122,850
2925
97- 0318 -X
03/10/97
2302 E 77 PI No
Fiesta Pools
EL /RS -3
2,400
441
97- 0319 -P
03/11/97
403 N 100 E Ave
Wanda's Homes
SLE/PUD
115,962
2746
97- 0320 -X
03/12/97
1411 E 99 St No
Morton Homes
BR/PUD
110,880
2640
97- 0321 -X
03/13/97
3821 E 88 St No
Lifestyle Properties
BE /RS -2
145,488
3464
97- 0322 -X
03/14/97
1213 N Garnett Rd
Chad Stites
GP /CS
13,200
1100
97- 0323 -C
03/18/97
1107 E 117 St No
ACE Homes
CE/RS -3
71,148
1694
97- 0324 -X
03/18/97
?'° E 89 St No
Dewey Percifield
BRE/RS -3
115,332
2746
97- 0325 -X
03/18/97
n73 E 90 Ct No
Simmons Homes
FW /PUD
144,018
3429
97- 0326 -X
03/18/97
210 N 138 E Ave
Tom Morris
NE /RS -2
236,376
5628
97- 0327 -X
03/18/97
0102 E 92 St No
Lee Custom Homes
FW /PUD
128,268 -
3054
97- 0328 -X
03/18/97
Dlv N 137 E Ave
1616 N 109 E PI
D304 E 90 Ct No
810 N 134 E Ct
12 No Main St
2405 E 80 Ct No
D203 E 92 St No
D303 E 90 St No
3301 E 90 Ct No
3801 E 87 PI No
1007 E 117 St No
2701 E 77 PI No
D9 E 5th
1705 N 111 E Ct
7 .3 No 117 E Ave
3517E90StNo
2722 E 77 P1 No
1628 E 86 St No
)215 E 89 St No
Simmons Homes
Heritage
Larry Moore
Keith Burd
Perry Jones
Bob Martin
Renaissance
Simmons Homes
Simmons Homes
Myers Building Co.
Heritage Construction
Sundown Pools
Phil Mitchell Const.
Slier Mar Homes
CNF Signs
Boos Builders
Perry Hood
Crown Neon
Simmons Homes
BRE /RS -3
132,888
3164
97- 0329 -X
03/19/97
CE /RS -3
74,424
1772
97- 0330 -X
03/20/97
FW /PUD
120,960
2880
97- 0331 -X
03/20/97
BRE /RS -3
105,420
2510
97- 0332 -X
03/24/97
OT /CG
18,000
1800
97- 0333 -C
03/24/97
DO /RS -3
96,558
2299
97- 0334 -X
03/25/97
FW /PUD
127,722
3041
97- 0335 -X
03/25/97
FW /PUD
124,614
2967
97- 0336 -X
03/25/97
FW /PUD
130,704
3112
97- 0337 -X
03/25/97
BE /RS -2
141,120
3360
97- 0338 -X
03/25/97
CE /RS -3
70,980
1690
97- 0339 -X
03/26/97
DO /RS -3
10,000
377
97- 0340 -P
03/26/97
UN /IL
25,800
1063
97- 0341 -C
03/26197
CE /RS -3
76,986
1833
97- 0342 -X
03/26/97
MVS /CS
4,500
46
97- 0343 -S
03/28/97
BRE /RS -3
116,928
2784
97- 0344 -X
03/28/97
DO /RS -3
94,752
2256
97- 0345 -X
03/31/97
TL/CS
4,000
72
97- 0346 -S
03/31/97
FW /RS -2
116,298
2769
97- 0347 -X
03/31/97
MONTHLY TOTALS
34 Single Family Dwellings 4,033,176.00
1 Residential Remodel 400.00
2 Commercial 241,200.00
3 Commercial Remodel 25,200.00
5 Signs 17,580.00
2 Pools 12,400.00
1
96,295 Sq. Ft.
324 Sq. Ft.
20,400 Sq. Ft.
2,100 Sq. Ft.
260 Sq. Ft.
818 Sq. Ft.
1 47 Building Permits Applied For 4,329,956.00 120,197 Sq. Ft.
0
BUILDING INSPECTIONS DEPARTMENT REPORT FOR MARCH 1997
Building Permits Issued
45
Total
Fees
57838.50
146
Economic Development
41
Total
Fees
6629.00
p
Mechanical Permits Issued
42
Total
Fees
2025.00
Electrical Permits Issued
48
Total
Fees
2260.00
Plumbing Permits Issues
46
Total
Fees
2000.00
Recreation Development
23
Total
Fees
3800.00
Sign Permits Issues
4
Total
Fees
57.50
Reinspection Fees
0
Total
Fees
0.00
Sewer Taps
37
Total
Fees
13875.00
Water Taps
52
Total
Fees
14450.00
Water Meter Deposits
37
Total
Fees
1850.00
TOTAL PERMITS
375
TOTAL
FEES
X54,785.00
NUMBER OF INSPECTIONS FOR THE MONTH
Building
163
Mechanical
119
Electrical
146
Plumbing
245
Reinspection
34
Other
p
TOTAL INSPECTIONS 707
RESIDENTIAL Building Permits (New Construction Counts)
1984 1985
1987 1988 1989 1990
January
12
7
12
14
4
February
13
12
10
3
5
March
15
18
14
16
2
April
15
17
29
22
8
May
14
22
17
11
8
June
18-
17
1:9
14
4
July
12
13
19
21
7
August
7
8
17
12c
6
September
6
10
17
13
11
October
8
10
17
10
5
November
15
1
9
5
8
TOTALS
Year to Date 40 37 36 33
E
a
1 7
3 4
7 14
6 9
6 9
12 5
10 4
9 14
10 10
14 8
10 1
25
1991 1992 1993 1994 1995 1996 1997
8
6
6
9
12
16
45
7
10
11
10
8
18
35
5
12
12
15
28
30
34
3<
12
17
18
18
39
10
9
8
13
8
24
10 ;
13
18
23
15 ;
37 -'
9
10
10
13
13
28
10 ''
10
9
20
20
26
14
14
12
12
20
21
9
17
8
11 t
27
13
8
19
13
15
20
13
oII
6
10
9
3
19
9a
March
Year to Date Count
20 28 29 34 48 64
RESIDENTIAL Building Permits (New Construction Dollars)
e
`o
2
U
3
z
0
U
Z
March
Year to Date Dollars
New Construction Dollars
Totals for Each Year
I
I
I
'f
oII
%L'//�II6.
g
%IC
RESIDENTIAL Building Permits (New Construction Dollars)
e
`o
2
U
3
z
0
U
Z
March
Year to Date Dollars
New Construction Dollars
Totals for Each Year
I
oII
COMMERCIAL Building Permits (New Construction Counts)
Month 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997
January 4 0 3 0 0 0 2 2 0 0 1 1 0 0
February 3 7 2 4 0 0 0 0 0 1 0 1 2 0
March 1 0 2 3 0 0 0 0 2 1 0 0 5 2
April 2 4 4 2 0 0 1 1 1 1 0 0 3
May 0 3 1 0 0 0 1 1 1 2 2 3 0
June 3 3 0 1 0 0: 2 0 0 2 5 3 p
July 3 3 2 1 0 1 1 0 1 0 p 5 1
August 0 1 2 0 0 3 1 2 0 4 2 3 1
September 1 1 4 1 0 0 1 0 1 1 0 0 2
October 2 3 2 0 s 0 1 1 1 1 0 0 1 2
November 3 0 0 0 0 2 2 0 1 0 2 1 2
December 4 1 2 0 1 0 1 1 0 0 1 1 2
TOTALS 26 26 9a 119 1 G in
Year to Date 8 7 7 7 0 0 2 2 2 2 1 2 7 2
Includes Churches, Schools, and Government Facilities
March
Year to Date Count
COMMERCIAL Building Permits (New Construction Dollars)
March
Year to Dale Dollars
New Construction Dollars
Totals for Each Year
COMMERCIAL Building Permits (New Construction Dollars)
March
Year to Dale Dollars
New Construction Dollars
Totals for Each Year
CITY OF OWASSO
RESIDENTIAL
LOT INVENTORY
STATUS
March 31, 1997
ADDITION NAME --L
OF LOTS # DEVELOPED
# AVAILABLE
Bailey Ranch Est (2/95)
118
47
71
Barrington Point (4/94)
41
40
1
Barrington Point 1I (10/94)
49
43
6
Barrington Point III (8/96)
32
9
23
Barrington Estates (12/96)
127
27
100
Brentwood Estates (5/94)
51
38
13
Brentwood Park (2/97)
20
4
16
Broadmore Heights (10/92)
32
26
6
Camden Park (1/94)
38
18
20
Central Park (2/95)
45
18
27
Country Estates (9/95)
138
109
29
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
16
—68
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
13
10
The Village at Southern Links (11/95)
61
35
26
Windsor Lake (8/92)
39
39
0
Windsor Lake II (6/93)
40
36
4
Windsor Lake II Ext (10/93)
4
2
2
TOTALS
1364 855
509
CITY OF OWASSO
Residential Lot Inventory Status
BAILEY RANCH EST
BARRINGTON EST
BARRINGTON PT
BARRINGTON PT II
BARRINGTON PT III
BRENTWOOD EST
BRENTWOOD PARK
BROADMORE HTS
CAMDENPARK
CENTRALPARK
I I
COUNTRY ESTATES
DOUBLE OAKS
DOUBLE OAKS it
I.
DOUBLE OAKS III
i
DOUBLE OAKS IV
FAIRWAYS
FAIRWAYS II
HIDDEN VIEW
NOTTINGHAM EST
NOTTINGHAM EST II
I.
ESTATES AT SL
VILLAGE AT SL
WINDSOR LAKE
WINDSOR LAKE II
WINDSOR LAKE II EXT
i
0 20 40 60 80 100 120 140
Developed 0 Total Lots
OCCUPANCY PERMITS
NAME
ADDRESS
STATUS
APPLICATION
OPENING
COMPLETE
DATE
DATE
JANUARY 1997
Owasso Physical Therapy
7901 Owasso Exp
Owner Change
01/02/97
01/02/97
Yes
Family Dentistry
12700 E 86 PI N
New
01/03/97
01/06/97
Yes
Walter Reed Clinic
9206 N Garnett
Relocate
01/07/97
01/07/97
Yes
A & B Crafts
122 South Main
Relocate
01/07/97
01/30/97
Yes
Pioneer Fence Co.
8351 N Owasso Exp
Owner Change
01/20/97
01/20/97
Yes
Trails End Restuarant
108 W 12th
Owner Change
01/23/97
03/08/97
No
FEBRUARY
Coldwell Banker/Williams
11616 E 86 St No
Owner Change
02/03/97
02/04/97
Yes
Dental Office
11632 E 86 St No
Owner Change
02/10/97
04/01/97
No
Calorie Counter
9100 No Garnett Rd
Owner Change
02/11/97
02/17/97
Yes
Multi Level Info System
11300 No Garnett Rd
Owner Change
02/17/97
02/28/97
Yes
Strathe Veterinary
8514 No 128 E Ave
Owner Change
02/17/97
02/28/97
Yes
Nature's Way
8418 E 129 St No
Relocate
02/24/97
03/03/97
Yes
Ma's Creation
112 So Main
Owner Change
02/25/97
03/01/97
Yes
MARCH
Bank of the Lakes
8504 N 128 E Ave
New
03/03/97
03/03/97
Yes
Kids Consignment
409 E 2nd Ave
Owner Change
03/03/97
03/11/97
No
Martial Arts America
8516 N 129 E Ave
New
03/03/97
03/03/97
Yes
Public Park & Sell
8884 N Garnett Rd
New
03/06/97
03/25/97
Yes
American Publishing
11215 N Garnett
Owner Change
03/10/97
03/10/97
Yes
SheHon Dental, Inc.
11213 -A No Garnett
Owner Change
03/10/97
03/10/97
Yes
Scoreboard Cards
114 So Main
Relocate
03/13/97
03/17/97
Yes
KC's Coney Island
12808 E 86 St No
Owner Change
03/14/97
03/21/97
Yes
Poor Boys Games
11211 -A No Garnett
New
03/17/97
03/21/97
Yes
Top Cut Family Haircutters
11622 E 86 St No
Owner Change
03/17/97
04/15/97
No
T & L Trophy's
11226 N Garnett Rd
Relocate
03/13/97
03/13/97
Yes
OCCUPANCY PERMITS
NAME
Lake Area Home Health
Accessories Unlimited
Hollywood Video
ADDRESS
11215 N Garnett Rd #B
8355 Owasso Exp
8751 N 117 E Ave #A
STATUS
Relocate
New
Naw
APPLICATIO
DATE
03/21/97
03/18/97
03/26/97
OPENINC
DATE
03/21/97
04/15/97
03/31/97
COMPLETE
Yes
Yes
No