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HomeMy WebLinkAbout1996.08.13_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION AUGUST 13, 1996 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: August 13, 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 8:00 AM on August 6, 1996. TimothyRoone3 Community evelop tDirector OWASSO PLANNING COMMISSION REGULAR MEETING Tuesday, August 13, 1996, 7:00 PM Owasso Community Center, 301 S: Cedar AGENDA Call to Order 2. Roll Call 3. Consider Approval of the Minutes of the July 9, 1996 Regular Meeting and the July 16, 1996 Special Meeting. 4. Election of Officers 5. Drainage Easement Closing - Mr. Ster ig a Katir is - A request for a closing of a portion of a drainage easement located on Lot 13, Block 1, Windsor Lake II Addition, further described as 9212 N. 132nd E. Avenue, Owasso, OK. 6. Lot Tieing Agreement - Simmons Homes - A request to initiate a lot tieing agreement for Lots 14 and 15, The Fairways at Bailey Ranch. The subject property is currently undeveloped. 7. Owasso Zoning Code Update - Review of Chapters 13 thru 15. 8. Review of July Building Report and Lot Availability - A review of the building permit activity in Owasso and the availability of residential lots in Owasso. 9. New Business 10. Report on Planning Items Previously Forwarded to City Council 11. Discussion of Development In and Near Owasso 12. Adjournment OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Tuesday, July 9, 1996 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Jerry Cole Dewey Brown Gary Wells MEMBERS ABSENT Charles Willey STAFF PRESENT Tim Rooney Marsha Hensley The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on July 3, 1996 at 8:00 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 JUNE 11, 1996 REGULAR MEETING - The Commission reviewed the minutes of June 11, 1996, Jerry Cole moved, seconded by Dewey Brown to approve the minutes as written. A vote on the motion was recorded as follows: Jerry Cole - Yes Ray Haynes - Yes Gary Wells - Yes Dewey Brown - Yes The motion carried 4-0. 4. Site Plan Review - Dr. Franklin Dental Office - A request for a review of a site plan for a dental office to be located on Lot 7, Block 1, Ram Plaza Addition; further described as 12700 E. 86th Place North. The Chair introduced the case and the staff review was given by Mr. Rooney. There were no comments from the Technical Advisory Committee. Staff recommends approval of the proposed site plan as presented with the condition of a pre - construction meeting with city personnel prior to obtaining the building permit. Jerry Cole moved to approve the site plan, subject to the above requirement. Dewey Brown seconded. A vote on the motion was recorded as follows: OWASSO PLANNING COMMISSION July 9, 1996 Page No. 2 Jerry Cole - Yes Ray Haynes - Yes Gary Wells - Yes Dewey Brown - Yes The motion carried 4 -0. 5. Annexation Request - New Life Assembly of God. Inc. - An approximate 17 acre tract located in the North Half of the Southwest Quarter of the Northwest Quarter (N/2, SW/4, NW/4) of Section 5, T21N, R14E of the Indian Base and Meridian, Tulsa County, Oklahoma. The subject property contains the New Life Assembly of God Church. The Chair introduced the case and the staff review was given by Mr. Rooney. Mr. Rooney stated to the Commission that Verdigris Valley is not forcing the issue of electric service to the New Life Assembly of God, PSO is still providing service to them. Staff was required to place this item on the agenda due to the publication in the Owasso Reporter which had to be published before the Annexation Committee conducted its meeting in order to meet the legal notice requirements. Staff recommends tabling this request. Gary Wells moved to approve this item being tabled. Dewey Brown seconded. A vote on the motion was recorded as follows: Jerry Cole - Yes Ray Haynes - Yes Gary Wells - Yes Dewey Brown - Yes The motion carried 4-0. 6. Owasso Zoning Code Update Mr. Rooney and the Planning Commission reviewed chapters 10 through 12 of the updated zoning code. 7. Review of June Building Report and Lot Availability Members of the Planning Commission discussed activity of the building permits. 8. New Business - No report 9. Report on Planning Items Previously Forwarded to City Council - Barrington Point III was approved by City Council. OWASSO PLANNING COMMISSION July 9, 1996 Page No. 3 10. Discussion of Development In and Near Owasso - No report 11. Adjournment - Jerry Cole moved, Ray Haynes seconded, to adjourn meeting. A vote on the motion was recorded as follows: Jerry Cole - Yes Ray Haynes - Yes Gary Wells - Yes Dewey Brown - Yes The motion carried 4-0 and the meeting was adjourned at 7:45 PM. Chairperson Secretary Date OWASSO PLANNING COMMISSION MINUTES OF SPECIAL MEETING Tuesday, July 16, 1996 Owasso Community Center 301 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Jerry Cole Dewey Brown Charles Willey MEMBERS ABSENT Gary Wells STAFF PRESENT Tim Rooney Marsha Hensley The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on July 12, 1996 at 8:00 AM. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 8:00 AM and declared a quorum present. 2. ROLL CALL 3. OLS -96 -07 - Kourtis Properties - A request for a lot split approval on several parcels of land contained within Section 19, Township 21 North, Range 14 East, City of Owasso, k Tulsa County, Oklahoma. Said Parcels are located in and around the Bailey Golf Ranch and the Fairways at Bailey Ranch. The Chair introduced the case and the staff review was given by Mr. Rooney. Jerry Cole moved to approve the lot split request. Seconded by Charles Willey. A vote on the motion was recorded as follows: Jerry Cole - Yes Ray Haynes - Yes Charles Willey - Yes Dewey Brown - Yes The motion carried 4-0. 4. Adjournment - Jerry Cole moved, Ray Haynes seconded, to adjourn meeting. A vote on the motion was recorded as follows: Jerry Cole - Yes Ray Haynes - Yes Charles Willey - Yes Dewey Brown - Yes OWASSO PLANNING COMMISSION July 16, 1996 Page No. 2 The motion carried 4-0 and the meeting was adjourned at 8:13 AM. Chairperson Secretary Date MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: LOT TIEING AGREEMENT LOTS 14 AND 15, BLOCK 3 THE FAIRWAYS AT BAILEY RANCH DATE: August 5, 1996 BACKGROUND: The City of Owasso has received a lot tieing request from Mr. Greg Simmons for two lots located within the Fairways at Bailey Ranch. The subject property is located within the 8900 block of North 104th E. Avenue. The applicant is requesting a lot tieing agreement in order to allow for the construction of one single- family residence on the two lots in question. In order to build the single- family residence on the center portion of the two lots, it is necessary for the applicant to enter into a lot- tieing agreement with the City of Owasso. Approval and granting of the lot tieing agreement will ensure that the following occur: The right to construct the single - family dwelling on the common lot lines of both Lots 14 and 15, Block 3 of The Fairways at Bailey Ranch. 2. The right to use the combines lots as if they were a single -lot of record. 3. That neither lot may be sold in the future as separate lots. 4. That all other improvements (other than the single -family dwelling) shall comply with all ordinances of the City of Owasso. The lot tieing agreement does not effect any platted utility easements as there are no utility easements along the common lot lines. All property development standards would still need to be met by the applicant (FY setback of 30', RY setback of 25', Side yard setbacks of 5' and 10'). Again, execution of this agreement is necessary in order to allow for construction of the dwelling. If approved by the Planning Commission, this item will be forwarded to the Owasso City Council at their August 20, 1996 regular meeting. Lot Tieing Agreement Simmons Homes Page 2 of 2 RECOMMENDATION: Staff recommends approval of the lot tieing agreement. ATTACHMENT: 1. The Fairway's at Bailey Ranch plat. 2. Copy of the Lot Tieing Agreement. DATE AUG. 2, 1995 THE FAIRWAYS PLAT NO. 5085 AT BAILEY RANCH A SUBDIVISION IN THE WEST 1/2 OF SECTION 19, T21N, R14E, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA Barrington Estates Fax:918- 272 -0216 AGREEMENT THIS AGREEMENT made and entered into this 2nd day of August, 1996, by and between Simmons Homes, Inc, heteinafler designated "First Part} ", and the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter designated "Second Party ". WITNESSETH: WHEREAS, First Parties are the record owner(s) of the following described real property situated in the City of Owasso, Tulsa County, State of Oklahoma, to -wit: Lot 14, Block 3, The Fairways at Bailey Ranch I hereinafter designated "First Property ", Lot 15, Block 3, The Fairways at Bailey Ranch I hereinafter designated "Second Property". WHEREAS, the First Parties have xegnested approval to permit the construction of a single family dwelling on the common lot line of bunt first and Second property- and have further requested permission to develop and use said properties and construct improvements thereon in the same manner and to the same extent as would be permissible if said properties constituted one platted lot instead of one platted lot and a second platted lot; and WHEREAS, the Second Party, is willing to grant the aforesaid requests of the First parties, all upon the terms and subject to the conditions hereinafter set forth. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby agree as follows: (I) subject to the conditions hereinafter set forth, the Second Party does hereby grant unto the First party, their grantees, IQSSeeS, successors and assigns the following: (a) The right to construct a single family dwelling on the common lot line of both the £first and second property. (b) The right to use said properties of First Parties as though said real property constituted a single platted lot instead of a platted lot and a second platted lot. (2) The rights granted by the Second party under the provisions of numerical paragraph (1) above are subject to the following conditions: (a) That the aforesaid First and Second Properties may not be sold, mortgaged or otherwise encumbered separate and apart from each other; and (b) That Construction of buildings and other improvements on said properties of First Party shall otherwise comply with all ordinances of the City of Owasso, Oklahoma. (3) In consideration of the covenants and agreements of the Second party herein contained, the First Party does hereby agree that so long as this Agreement is in force and effoct they will not sell, mortgage or otherwise eocumWr said First and Second properties, separate and independent of each other. (4) This Agreement shall automatically terminate: Barrington Estates Fax:918- 272 -0216 Rug 2 '96 16:44 P.02 (a) Upon the mplatting of the above described properties into a single lot as required by law. Upon the occurrence of the event described in subparagraph (a) of this numerical paragraph, the Second Party shall, immediately upon the request of the then record owner of the above described properties, execute in recordable form a release or mutual release of this Agreement. (5) This Agreement shall be binding upon the parties hereto and each of them, their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written, f (Pro rly Owner) "First Party" ATTEST: City Clerk City Attorney APPROVED this "INDIVIDUAL ACKNOWLEDGMENT" STATE OF COUNTY OF 0 (Mayor) "Second Party" before me, the undersigned, a Notary Public in and for said County and State, on this _ day Of , 19 personally appeared to me know to be the identical person who executed the foregoing instrument and acknowledged to me that executed the same as free and voluntary act and deed for the purposes therein set forth Given under my hand and seal the day and year last above written (Notary Public) my commission expires Barrington Estates Fax:918- 272 -0216 Rug 2 '96 16:44 P.03 'CORPORATE ACKNOWLEDGNMNT" STATE OF COUNTY OF before me, the undersigned, a Notary Public in and for said County and State, on ties _ day of 19_, personally appeared to me known to be the identical person wbo executed the foregoing instrument and acknowledged to me that executed the same as _ free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. Given under my hatrd and seat the day and year last written. (Notary Public My commission expires MEMORANDUM TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: DRAINAGE EASEMENT CLOSING LOT 13, BLOCK 1 WINDSOR LAKE H DATE: August 6, 1996 BACKGROUND. The City of Owasso has received a request from Mr. Stergie Katirgis to close a portion of a drainage easement located on Lot 13, Block 1, Windsor Lake II Addition. The subject property is located within the 9200 block of N. 132nd E. Avenue. The applicant is requesting that a portion of the drainage easement be closed in order to allow for a larger building pad area of a proposed single - family dwelling. The drainage easement, originally platted when the Windsor Lake II addition was platted. Mr. Groves of the Engineering Division of Public Works worked extensively with Mr. Katirgis in developing the legal description for the portion of the drainage easement to be vacated. Please note that any portion larger than what is being proposed to be closed would not be recommended. The drainage easement was originally oversized and due to extensive drainage /detention work off site (Owasso Assembly of God Church), a portion of this drainage easement is not needed. This request was reviewed by the Technical Advisory Committee via facsimile as it was the only item for review at this months meeting. All utility providers were to respond via facsimile prior to August 6, 1996 if they had any concerns with the request. Both PSO and Southwestern Bell both responded without any concerns and their comments are attached for your information and review. If approved by the Planning Commission, this item will be forwarded to the Owasso City Council at their August 20, 1996 regular meeting. RECOMMENDATION: Staff recommends approval of vacating the attached described portion of the drainage easement located on Lot 13, Block 1, Windsor Lake II. Drainage Easement Closing Stergie Katirgis Page 2 of 2 ATTACHMENTS: 1. Copy of Windsor Lake II plat. 2. Copy of site plan. 3. Memo from Mr.Groves which includes legal description of the portion of the drainage easement to be closed. 4. Copy of the responses from PSO and Southwestern Bell. DATE FILED JUNE 11, 1993 PLAT NO. 4933 WINSOR LAKE II A SUBDIVISION CONTAINING A PART OF THE SW1/4 OF THE NW 1/4 AND APLAT OF THE WEST 450 FEET OF THE SE1/4 OF THE NW 1/4 OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I. B. & M., TULSA COUNTY, OKLAHOMA MEMORANDUM TO: TIM ROONEY COMMUNITY DEVELOPMENT DIRECTOR FROM: DOUGLAS E. GROVES ENGINEERING TECHNIC SUBJECT: DRAINAGE EASEMENT CLOSING DATE: July 24, 1996 Per our previous conversation, please find the legal description to close a portion of the existing drainage easement. Existing easement is located on lot 13, block 1 of Windsor Lake Il. The description is as follows: Commencing at a point 62.97 feet East of the Southwest corner, thence Northeasterly along the East side of the existing drainage easement to the North line of lot 13, thence Westerly along said line 33 feet, thence south to the point of beginning, all in lot 13, block 1 of Windsor Lake H. Please reveiw the attached drawing reflecting this change in the drainage easement.If you have any questions, please don't hesitate to call me. 07 -31 -1996 11 :15AM FROM TUL. DIV. ENG. TO 92724999 P.01 Public Service Company of Oklahoma July 30, 1996 City of Owasso Planning Commission 207 South Cedar Owasso OK 74055 ATTENTION. 'lam Rooney, City Planner SUBJECT: Lot 13, Block 1, WINDSOR LAKE II 02Fas1Sixih&W Public Service Company of Oklahoma should have no objections to the proposed P.O. &.201 closure of a portion of that certain Drainage Easement across portions of the Fula. OK 74102-0701 above- captioned property, as contemplated in the attached memorandum from Doug Groves to your office.. Due to the restrictive nature of this Easement Grant, no PSO facilities were installed within the bounds of the easement, nor is any future use of the easement by PSO now anticipated. Sincerely yours, k B. W t & Robert B. Wallace. Manager, Distribution Engineering Services Post -IY Fax Note TOTAL P.01 From: Phil Sewell Memorandum July 26, 1996 To: Timothy Rooney From: Phil Sewell Subject: Request for drainage easement closing Southwestern Bell Telephone Company does not object to the closing of the portion of the drainage easement on lot 13, block 1, Windsor Lake II Addition as requested by Mr. Stergie Katirgis. Questions may be directed to me on 918-596-6171. Manager Engineering - Design Customer Services CHAPTER 13 ENFORCEMENT 1300 Duty of Building Inspector and Other Officials 1310 Zoning Clearance Permit 1320 Penalties for Violation 1330 Construction and Use to be as provided in Applications, Plans and Permits SECTION 1300 DUTY OF BUILDING INSPECTOR AND OTHER OFFICIALS It shall be the duty of the Building Inspector to enforce this code. If the Building Inspector shall find that any of the provisions of this code are being violated, he shall notify in writing the persons responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it, and shall take such other action to ensure compliance with or to prevent violation of its provisions as is authorized. All departments, officials, and employees of the City of Owasso, Oklahoma, vested with the duty or authority to issue permits or licenses shall comply with the provisions of this code and shall issue no permit or licenses for any use, purpose, excavation, construction, structure, building, or sign in conflict with the provisions of this code. SECTION 1310 ZONING CLEARANCE PERMIT 1310.1 Zoning Clearance Permit Required It shall be unlawful for any person to erect, move, add to, or structurally alter any building or structure, or to use or change the use of any building or land or to permit the aforementioned actions, until a Zoning Clearance Permit has been issued by the Building Inspector. 1310.2 Application for Zoning Clearance Permit An application for a Zoning Clearance Permit shall be accompanied by a legal description of the lot, and plans in duplicate, drawn to scale in black line or blueprint, showing the actual shape and dimension of the lot; the location, size and height of any existing building or structure and the location, size, and height of any buildings or structures to be erected or altered; the existing and intended use of each building or structure and portion of the lot; the number of dwellings the building is intended to accommodate, if any; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this code. 1310.3 Building Inspector to Act on Zoning Clearance Permit e to Act Five goo,M ,4. The Building Inspector shall act upon each application for a Zoning Clearance Permit within a timely manner after it is filed in compliance with the provisions herein. He shall return one copy of the plans and issue a Zoning Clearance Permit or notify the applicant, in writing, of his refusal to issue a permit setting forth the reasons therefore. 1310.4 Fees for Zoning Clearance Permits No Zoning Clearance Permit shall be issued until a fee shall have been paid in accordance with the schedule of fees adopted by resolution of the City Council of Owasso. A group Zoning Clearance Permit may be issued covering five or more residential lots in the same subdivision upon payment of a fee in accordance with the schedule of fees adopted by resolution of the City Council of the City of Owasso. SECTION 1320 PENALTIES FOR VIOLATION Any person, firm, or corporation violating any provisions of this code or failing to comply with any of its requirements, including violations of conditions and safeguards established in connection with grants of variances or special exceptions, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined not more than $200.00 and costs and /or 30 days imprisonment, and each day's violation thereof shall constitute a separate offense. Nothing herein contained shall prevent the City of Owasso, Oklahoma or its authorized officials from taking other action, authorized by law, to remedy violations. SECTION 1330 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS AND PERMITS Zoning Permits, Variances, or Special Exception Uses issued on the basis of approved plans and applications authorize only the uses, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of ' this ordinance, and punishable as provided by Section 1320. CHAPTER 14 BOARD OF ADJUSTMENT 1400 Establishment of the Board 1410 Powers of the Board 1420 Proceedings of the Board 1430 Notice of Public Hearing 1440 Fees 1450 Appeals from the Building Inspector 1460 Interpretation 1470 Variances 1480 Special Exceptions 1490 Appeals to the District Court SECTION 1400 ESTABLISHMENT OF THE BOARD OF ADJUSTMENT This is hereby established a Board of Adjustment of the City of Owasso, Oklahoma, with the powers and duties hereinafter set forth. The Board of Adjustment shall consist of five members who shall be residents of the City of Owasso, Oklahoma and appointments of said members shall be made by the City Council of Owasso, Oklahoma. Each member shall serve without pay for a term of three years and vacancies shall be filled for an unexpired term of any member, upon written charges and after public hearing, may be removed by the appointing council for any one of the following causes: (1) failure to attend three consecutive regular or special meetings, or failure to attend two - thirds of the regular or special meetings held during any six -month period; (2) actions and conduct unbecoming to a public official of the City of Owasso, Oklahoma, and (3) repeated acts and conduct detrimental to the peace, health, safety, and welfare of the citizens of Owasso. The Board shall organize, elect its chairman, vice- chairman, and secretary, and adopt rules necessary to the conduct of its affairs. SECTION 1410 POWERS OF THE BOARD The Board of Adjustment shall have the power to: Hear and decide appeals, if it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance; 2. Hear and decide special exceptions to the terms of the ordinance upon which the Board of Adjustment is required to pass subject to said ordinance; 3. Authorize in specific cases such variances from the terms of the ordinance as will not be contrary to the public interest, if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. Exceptions and /or variances may be allowed by the Board of Adjustment only after notice and hearing as provided for herein. The minutes of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable• on appeal to the District Court. 1410.1 Conflict of Interest Any member of the Board who shall have an interest in any property or in the decision relating to such property, which shall be the subject matter of, or affected by, a decision of the Board, shall be disqualified from participating in the discussion, or proceeding of the Board in connection therewith. SECTION 1420 PROCEEDINGS OF THE BOARD Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the vice- chairman, or acting chairman may administer oaths and compel attendance of witnesses. All meetings, deliberations, and voting of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. In all matters, the Board shall decide within 90 days after the filing of an application for relief. The quorum, notice, filing and substantive requirements of the Board shall be as set forth in the following sections concerning the Board's exercise of a particular power. SECTION 1430 NOTICE OF PUBLIC HEARING The Board of Adjustment shall give notice and conduct a public hearing before acting on any appeal from a determination of the Building Inspector, or before granting any Special Exception or Variance. Ten (10) days notice of public hearing shall be given as follows for a Special Exception, Variance or Appeal from a determination of the Building Inspector: By publication in a newspaper of general circulation; and, 2. By mailing written notice to all owners of property within a three hundred (300) feet radius of the exterior boundary of the subject property. The notice shall contain: A. The legal description of the property and the street address or approximate location of the property. B. The present zoning classification of the property and the nature of the relief sought. C. The date, time and place of the hearing. The responsibility of giving proper and timely notice and paying all costs thereof shall be that of the applicant. Any action taken by the Board of Adjustment on an application at a public hearing shall become null and void if the applicant fails to comply with requirements set forth herein. SECTION 1440 FEES Application fees for a Variance or Special Exception shall be paid to the City of Owasso the amount of which shall be established by resolution adopted by the City Council. SECTION 1450 APPEALS FROM THE BUILDING INSPECTOR 1450.1 General An appeal to the Board of Adjustment may be taken by any person aggrieved or by an officer, department, board or bureau of the City affected, where it is alleged there is error in any order, requirement, decision or determination of the Building Inspector in the enforcement of this code. 1450.2 Notice of Appeal An appeal shall be taken within ten days from the determination complained of by filing with the Building Inspector and with the Secretary of the Board a notice of appeal, specifying the grounds thereof. The Building Inspector, upon receipt of notice, shall transmit to the Secretary of the Board and the City Clerk certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the Secretary shall cause an investigation to be made upon the appeal and shall set the matter for public hearing. 1450.3 Board of Adjustment Action The Board shall hold the public hearing. The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The Board shall make its decision within 30 days after the final hearing, and the decision shall be in writing and filed of record in the office of the City Clerk. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector. 1450.4 Stay of Proceedings An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Board or by the Court of proper jurisdiction on due and sufficient cause shown. SECTION 1460 INTERPRETATION A. The Board shall interpret the text of this code or the Official Zoning Map upon an appeal from a determination of the Building Inspector after compliance with the procedural standards of Section 1450. B. Where a question arises as to the zoning district classification of a particular use, the Board of Adjustment, upon written request of the Building Inspector, may find and determine the classification of the use in question and may, prior to such determination, order the giving of notice and hold a public hearing. SECTION 1470 VARIANCES 1470.1 General The Board of Adjustment, upon application, and after notice (when notice is required) and public hearing, may grant variances from the terms of this code only upon a finding that the variance will not cause substantial detriment to the public good or impair the spirit, purposes and intent of this code, or the Comprehensive Plan, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance peculiar to a particular property, the literal enforcement of the code will result in unnecessary hardship. The Board shall not vary any jurisdictional requirements such as notice. 1470.2 Application A request for a variance shall be initiated by the filing of an application with the City Planner and shall be set for public hearing by the City Planner in accordance with the rules established by the Board. 1470.3 Board of Adjustment Action The Board shall hold the public hearing and, upon the concurring vote of three members, may grant a variance only upon a finding that: 1. The application of the ordinance to the particular piece of property would create an unnecessary hardship; 2. Such conditions are peculiar to the particular piece of property involved; and, 3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the Comprehensive Plan. Provided that the Board in granting a variance shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached. 1470.4 Time Limitation on Variances. A variance which has not been utilized within one year from the date of the order granting the variance shall thereafter be void. For the purpose of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. SECTION 1480 SPECIAL EXCEPTIONS 1480.1 General The Board of Adjustment, upon application, and after notice and public hearing subject to the procedural and substantive standards hereinafter set forth, may grant the following special exceptions: A. Special Exception uses as designated and regulated within the permitted use provisions of the zoning districts. B. The change of a nonconforming use as provided in Section 1220 (F), Chapter 12, Nonconformities. C. The restoration of a partially destroyed structure containing a nonconforming use as provided in Section 1220 (G) Chapter 12, Nonconformities. D. The restoration of a partially destroyed nonconforming structure as provided in Section 1250, Chapter 12, Nonconformities. E. The modification of a screening requirement, as provided in Section 250, Chapter 2, District Provisions: General. F. Off -street parking use of property located within a residential district, when the property is abutting an office, commercial or industrial district. G. Special Exception uses designated within Chapter 930, Floodway Supplemental District. 1480.2 Application A request for a Special Exception shall be initiated by the filing of an application with the City Eleilf ., and shall be set for public hearing by the Ger1E a9,r . `F" a in accordance with the rules established by the Board. 1480.3 Board of Adjustment Action The Board of Adjustment shall hold the public hearing and, upon the concurring vote of three members, may grant the Special Exception after finding that the Special Exception will be in harmony with the spirit and intent of the code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the Board in granting a Special Exception shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bonds as it may deem necessary to enforce compliance with the conditions attached. 1480.4 Time Limitation on Special Exceptions A Special Exception which has not been utilized within one year from the date of the order granting same shall thereafter be void, provided that the Board has not extended the time for utilization. For the purpose of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. SECTION 1490 APPEALS TO THE DISTRICT COURT 1490.1 Procedure An appeal from any action, ruling, decision, judgement, or order of the Board of Adjustment may be taken by any person or persons aggrieved, or any taxpayer or officer, department, board, or bureau of the city to the District Court, by filing with the City Clerk and with the Secretary of the Board within ten days from the date of such action, a notice of appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, the City Clerk shall transmit to the Court Clerk of the County the original or certified copies of all the papers constituting the record in the case, together with the order, decision, or ruling of the Board. Said case shall be heard and tried de nova in the District Court of Tulsa County, Oklahoma. An appeal shall be from the action of the District Court as in all other civil actions. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings. Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence or in bad faith, or with malice in making the decision being appealed. 1490.2 Stay of Proceedings An appeal to the District Court stays all proceedings in furtherance of the action appealed unless the,chairman of the Board certifies to the Court Clerk, after notice shall have been filed, that be reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than be a restraining order granted by the District Court. CHAPTER 15 AMENDMENTS 1500 General 1510 Policy on Zoning Map Amendments 1520 Zoning Text Amendments 1530 Zoning Map Amendments SECTION 1500 GENERAL The regulations, restrictions, prohibitions, and limitations imposed and the districts created by Chapters 1 -16 and Appendices may from time to time be amended, supplemented, changed, modified, or repealed by ordinance, but no change shall be made until the Planning Commission, after notice and public hearing, files with the City a report and recommendation on the proposed change. In addition to the procedural provisions hereinafter set out, the Planning Commission shall adopt procedural rules for the conduct of Zoning public hearings. SECTION 1510 POLICY ON ZONING MAP AMENDMENTS It shall be the policy of the City of Owasso, Oklahoma that in consideration of proposed amendments to this code that: Amendments will be adopted to recognize changes in the Comprehensive Plan, to correct error, or to recognize changed or changing conditions in a particular area or in the jurisdictional area generally. SECTION 1520 ZONING TEXT AMENDMENTS The Planning Commission, upon its own motion, may, or at the direction of the City Council shall, hold a public hearing, giving notice thereof, of a proposed text amendment. After holding the public hearing, the Planning Commission shall within 30 days transmit its report and recommendation to the City Council. SECTION 1530 ZONING MAP AMENDMENTS 1530.1 Application and Fees A. An amendment to the Zoning Map shall be initiated by the filing of an application with the City Planner. An application shall be in such form and content as the Planning Commission may by resolution establish and shall be accompanied by the payment of a fee, the amount of which shall be established by resolution adopted by the Planning Commission and approved by the City Council. Costs of notice and posting of signs shall be billed to the applicant. The applicant shall be required to pay an ordinance publication fee if the application is approved. 1530.2 Notice Required The Planning Commission shall give twenty (20) days notice of a public hearing on a proposed map amendment by publication in a newspaper of general circulation and shall include a map of the area to be affected which indicated street names or numbers, streams or other significant landmarks in said area. Twenty (20) days notice of public hearing shall be given by mailing notice to all owners of property within in 300 feet radius of the exterior boundary of the subject property. In addition, twenty (20) days notice of public hearing shall be given by posting the property sought to be zoned. The notice shall contain: A. Date, time, and place of the public hearing. B. Legal description of the property and the street address or approximate location of the property. C. By whom the public hearing will be conducted. D. Proposed use of the property. E. Present zoning district classification of the property and the proposed zoning district classification, provided: 1. Notice of a proposed RM -2 rezoning shall confer jurisdiction on the Planning Commission to consider and act upon RM -2, RM -1, RTH, RD, RS -3, RS -2, RS -1, and RE, orcombinations thereof in the dispostion of the application, and in like manner, notice of any R District, including RMH, shall confer jurisdiction to consider any less dense R District, except RMH. 2. Notice of a proposed CH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon CH, CG, CS, OM, and OL or combination thereof in the disposition of the application, and in like manner, notice of any C District shall confer jurisidiction to consider any less intense C District or any O District, and notice of any 0 District shall confer jurisdiction to consider any less intense 0 District. 3. Notice of a proposed IH rezoning shall confer jurisdiction on the Planning Commission and City Council to consider and act upon III, IM, IL or combination thereof in the disposition of the application, and in like manner, notice of any I District shall confer jurisdiction to consider any less intense I District. Specific notice of a proposed AG, PUD or RMH district shall be required to confer jurisdiction on the Planning Commission and City Council to consider such AG, PUD, or RMH District. 1530.3 Planning Commission Action on Zoning Map Amendments After notice and public hearing, the Planning Commission shall vote to: A. Recommend to the City Council that the application be approved as submitted, or as amended, or be approved subject to modification or, B. Recommend to the City Council that the application be denied. An application recommended for approval or approval subject to modification, shall be transmitted, with the report and recommendations of the Planning Commission, to the City Council within 15 days from the date of Planning Commission action. An application recommended for denial shall not be considered further unless the applicant within 15 days from the date of the Planning Commission, files a written request with the City Clerk for a hearing by the City Council. Upon notice of such request, the Planning Commission shall forthwith transmit the application and its report and recommendation to the City Council. C. In the event that the Planning Commission arrives at a tie vote it shall be transmitted, with a report and notation of the tie vote, to the City Council within 15 days from the date of Planning Commission action. 1530.4 City Council Action on Zoning Map Amendments The City Council shall hold a hearing on each application transmitted, and after the public hearing shall approve the application as submitted or as amended or deny the application. Provided, however, in case of a proposed amendment change or repeal of the code or any part thereof that was not previously recommended for approval by the Planning Commission, or if written public protests against such proposed amendment, change or repeal shall have been filed three (3) days before the time of said public hearing by the owners of twenty percent (20 %) or more of the area of lots included in such proposed change or by the owems of fifty percent (50 %) or more of the area of lots immediately abutting any side of the territory included in such proposed change or seperated therefrom only by an allet or street less than three hundred feet (300') wide, such amendment shall not become effective except by favorable vote of three- fifths of all the members of the City Council. When the City Council has denied an application to amend the zoning classification of a particular tract of land, no subsequent application on such tract or portion thereof, shall be set for public hearing by the Planning Commission until 180 days have elapsed from the date of the Planning Commission action on the original application. Prior to the adoption and publication of a rezoning ordinance, the applicant shall remit to the office of the City Clerk the payment necessary to cover the cost of the ordinance publication. The City Clerk shall not cause the ordinance to be published prior to such payment.