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HomeMy WebLinkAbout1995.03.14_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION MARCH 14, 1995 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: March 14, 1995 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 12:00 PM on February 24, 1995. OWASSO PLANNING COMMISSION REGULAR MEETING Tuesday, March 14, 1995, 7:00 PM Owasso Community Center, 301 S. Cedar AGENDA Call to Order Roll Call 3. Consider Approval of the Minutes of February 14, 1995 Regular Meeting. 4. Site Plan Review - Kwik Industries - A request for a review of the site plan for Kwik Kar Lube to be located on a portion of Lot 1, Block 20, Elm Creek Estates. The general location of the subject site is the east side of the Owasso Expressway, north of Mazzio's restaurant. OZ- 95 -01- Tyann Development - A request for a review of a rezoning request for Tyann Development to rezone an 8.86 acre tract of land from AG (Agriculture) to CG (Commercial General) and OM (Office Medium) to allow for commercial and office development. The subject tract is located in the NEA of the NW /4 of the SWA of Section 20, T21N, R14E, generally described as lying directly west of Three Lakes III addition, north of the Owasso Walmart. 6. Annexation Request - Hayward & Betty Jane Smith - A request for a review of an Annexation Request by Hayward & Betty Jane Smith for an approximate 126 acre tract located in the NW/4 of Section 20, and the NE/4 of the NW/4 of the SW/4 of Section 20, T21N, R14E of the Indian Base and Meridian, Tulsa County, Oklahoma. 7. Final Plat - Cardinal View - A request for a review of the final plat for Cardinal View, an addition to the City of Owasso. The property is described as being located directly south of the Central Park addition and contains property previously contained within the Central Park II preliminary plat. The subject property is located within the E/2 of Section 20, T21N, R14E and contains 14.98 acres more or less. Owasso Planning Commission AGENDA March 14, 1995 8. Final Plat - Bailey Ranch Estates 11- A request for a review of the final plat for Bailey Ranch Estates II, an addition to the City of Owasso. The property is described as being located directly east of Bailey Ranch Estates Phase I and is located within the W/2 of Section 17, T21N, R14E and contains 40.68 acre more or less, comprised of 135 residential lots. 9. New Business. 10. Report on Planning Items Previously Forwarded to City Council. 11. Discussion cf Development In and Near Owasso. 12. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Tuesday, February 14, 1995, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Charles Willey Dewey Brown Tim Rooney Ray Haynes Charlotte White Gary Wells Jerry Cole The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on Thursday, February 2, 1995. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 p.m. and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF JANUARY 10, 1995 REGULAR MEETING AND MINUTES OF FEBRUARY 1, 1995 SPECIAL MEETING - The Commission reviewed the minutes of January 10, 1995 and February 1, 1995. Charles Willey moved, seconded by Jerry Cole to approve the minutes as written. A vote on the motion was recorded as follows: Charles Willey - Yes Jerry Cole - Yes Ray Haynes - Yes Gary Wells - Yes The motion carried 4 -0. 4. Annexation Request - Mr. & Mrs Hayward Smith (20142 A request for a review of an annexation request by Mr. and Mrs. Hayward Smith. The subject property is described as a portion of the SE/4 of the NW/4 of Section 20. The general location of the property is directly west of Smith Elementary, North of Three Lakes Addition. The Chair introduced the case and the staff review was given by Mr. Rooney. Owasso Planning Commission Minutes of February 14, 1995 Page 2 Jerry Cole moved to approve the annexation for Mr. and Mrs. Hayward Smith. Seconded by Charles Willey. A vote on the motion was recorded as follows: Jerry Cole - Yes Charles Willey - Yes Gary Wells - Yes Ray Haynes - Yes The motion carried 4 -0. 5. Preliminary Plat - Cardinal View (2014) - A request for a review of the preliminary plat for Cardinal View, an addition to the City of Owasso, Oklahoma. The property is described as being located directly south of the Central Park addition and contains property previously contained within the Central Park H preliminary plat. The subject property is located within the E/2 of Section 20, T21N, R14E and contains 14.98 acres more or less. The Chair introduced the case and staff review was given by Mr. Rooney. Ray Haynes moved to approve the preliminary plat for Cardinal View, subject to finding ownership of drainage ditch and who maintains the drainage ditch. Also the Commission would like the developer and the engineer at the meeting when the final plat of Cardinal View is presented. Seconded by Charles Willey. A vote on the motion was recorded as follows: Ray Haynes- Yes Charles Willey - Yes Gary Wells - Yes Jerry Cole - Yes The motion carried 4 -0. 6. New Business. None 7. Report on Planning Items Previously Forwarded to City Council Caudle Estates Owasso Planning Commission Minutes of February 14, 1995 Page 3 8. Discussion of Development In and Near Owasso. None 9. Adjournment - Charles Willey moved, Gary Wells seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Charles Willey - Yes Gary Wells - Yes Ray Haynes - Yes Jerry Cole - Yes The motion carried 4 -0 and the meeting was adjourned at 7:55 p.m. Chairperson Secretary Date MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SITE PLAN REVIEW FOR KWIK KAR LUBE A PORTION OF LOT 19 BLOCK 20, ELM CREEK ESTATES DATE: March 8, 1995 BACKGROUND: Kwik Industries of Dallas, Texas has submitted a site plan for a Kwik Kar Lube facility, to be located on a portion of Lot 1, Block 20 of El Creek Estates. The subject property is located north of Mazzio's restaurant on the east side of the Owasso Expressway and the lot was created via a recent lot split heard before the Planning Commission. A location map is enclosed for your information and review. Review of the site plan by staff indicated that all necessary parking requirements have been met by the applicant as 16.5 parking spaces would be required by the applicant (1 space per 200 square feet of floor area) and 17 have been provided. The location of their pole sign has also been identified on the site plan, however a separate permit will be required for this sign. Storm water detention for this site has been addressed by the applicant and will be provided within the "unimproved" area of the site plan north of the parking lot. This area, along with drainage contours was shown on their previous submittal but staff asked that it be removed for the final site plan review. Staff will have a copy of the original site plan for you at the Tuesday meeting. The site plan was reviewed by the TAC Committee at their March 1, 1995 meeting. The only comment regarding the submittal was the inclusion of the 11' utility easement on the southern property line. On the original submittal, the building was shown as being built one foot off this property line. The site plan within your packet provides this necessary correction. Staff would recommend the inclusion of a pre - construction meeting with city personnel prior to obtaining the building permit. RECOMMENDATION: Staff would recommend approval of the proposed site plan as presented with the condition of a pre - construction meeting with staff prior to obtaining of the building permit. ATTACHMENTS /ENCLOSURES: 1. Site Plan for Kwik Kar Lube. 2. Location Map. SUBJECT SITE KWIK KAR LUBE CITY OF OWASSO Planning Department OZ -95 -01 Staff Report Timothy D. Rooney - City Planner BACKGROUND APPLICANT AND STATUS OF APPLICANT: Tyann Development, applicant and owner. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from AG (Agricultural) to CG (Commercial General) and OM (Office Medium) to allow for commercial development with a landscaped buffer zoned OM. LOCATION AND SIZE: The property is located directly north of Walmart, east of the Owasso Expressway, and west of the Three Lakes Addition. The complete legal description of the property is attached for your information and review. The subject property contains 8.86 acres, more or less. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: The subject property is abutted on the north and west by the Owasso Expressway service road, on the east by the Three Lakes Addition zoned RS -3 (Residential Single Family High Density) and on the south by the Owasso Walmart, zoned CS (Commercial Shopping Center). COMPREHENSIVE PLAN: The Comprehensive Plan identifies this area as being appropriate for Medium Intensity Residential (Multi- Family Housing). However, it is important to note that the Comprehensive Plan may be outdated in this area. The service road will be extending northward upon any development in this area, thus making it less likely to be a desirable residential area. Staff would not recommend this area for any residential development if the Comprehensive Plan update were being performed today. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments", Chapter 6 Commercial Land Uses", and Chapter 5 Office Land Uses". SITE INFORMATION: No unusual development hardships are noted. Staff Report OZ -95 -01 Page 2 of 3 ANALYSIS The proposed rezoning, if approved, would create an 8.86 acre area of commercial/office zoned property for the applicant. The subject property is located between the Owasso Walmart and the most northerly entrance into Three Lakes Addition, is currently zoned AG (Agriculture) with a request to rezone to CG (Commercial General) and OM (Office Medium), and is unlikely to develop if the current zoning pattern was to remain AG. Staff would also suggest, that it would be unlikely to develop residentially. As stated previously, the Owasso Comprehensive Plan, while identifying this area as being appropriate for Medium Intensity Residential (Multi- Family Housing) may be considered to be outdated when applied to the existing physical facts of the area surrounding the subject tract. Again, with Walmart to the south, more specifically the automotive center of Wal- mart, the Owasso Expressway immediately to the west and the eventual continuance of that service road to E. 96th Street North, this property will then be abutting what will be a substantial traffic /commercial corridor in Owasso. The Commercial General zoning requested by the applicant would allow for a myriad of commercial retail uses. While Commercial General zoning would be a more intense form of zoning than what is found immediately to the south, the use immediately to the south is one of a Commercial General classification - that being automotive repair. A list of uses permitted under CG zoning is attached for your review. Within the applicants text submitted with their application, some very important points were addressed. Over 60% of the frontage land between 76th Street North and 86th Street North is of an equal intensity or higher zoning intensity, thus making the applicant's request a solid one when one reviews the existing zoning patterns. In addition, the automotive repair center directly to the south also has some impact as to the type's of uses that could be attracted to the applicant's property. The important issue regarding this request, and perhaps the issue that is of the most concern to staff, is the inclusion of a buffer of OM (Office Medium). While it is indeed true that approximately 60% of the land along the Owasso Expressway corridor has developed with a commercial or industrial classification, an extremely small portion of that zoning includes a buffer between their businesses and the abutting residential developments. The applicant's request includes such a buffer. The buffer area which would occur in the OM portion of the rezoning request, would require the construction of a site obstructing fence, an absolute minimum setback of 40 feet from any of the abutting residential property, and the requirement for substantial landscaping along the abutting lines with the residential property. Staff feels the applicant has addressed any potential conflicts of uses in this area by the Staff Report OZ -95 -01 Page 3 of 3 inclusion of this buffer. In addition, the Planning Commission will also review any platting and all site plans that may occur within this property, again to ensure the buffer area serves its purpose. Letters were sent to surrounding property owners very early within the rezoning process (February 15, 1995) and notification was published in the Owasso Reporter on February 16, 1995. The subject property was also posted the second week in February. To date, staff has received only one inquiry regarding the rezoning request. This inquiry was concerned over the possible height of any buildings that could be built on the subject property and did not want high rise office buildings. RECOMMENDATION Staff feels a rezoning and use of this property in a commercial manner would be consistent with the existing zoning patterns along the Owasso Expressway service roads and would be adequately buffered from the residential development. Staff recommends approval of the rezoning request from AG to CG and OM. ATTACEAWNTS 1. Legal Description. 2. Location Map 3. Uses permitted in a CG zoning district. 4. Copy of Legal Ad published in the Owasso Reporter 5. Copy of letter sent to surrounding property owners. 6. Text submitted by Tyann Development. A TRACT OF LAND COMMENCING AT THE NE CORNER OF THE NW/4 OF THE SW/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST; THENCE SOUTH 222.96 FEET TO THE POINT-OF-BEGINNING. THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT AND THE EAST RIGHT - OF-WAY LINE OF US HIGHWAY 169 A DISTANCE OF 1273.46 FEET TO A POINT ON THE SOUTH LINE OF THE NW /4 OF THE SW/4 OF SAID SECTION; THENCE EAST A DISTANCE 632.80 FEET TO A POINT ON THE EAST BOUNDARY OF THE THREE LAKES III ADDITION; THENCE NORTH ALONG SAID BOUNDARY LINE A DISTANCE OF 1097.05 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 8.86 ACRES, MORE OR LESS. SUBJECT SITE OZ-95-01 b. Accommodate the grouping of certain commercial and light indus- trial uses which are compatible with one another. 600.4 Purposes of the CH Commercial High Intensity District The CH District is designed to accommodate high intensity commercial and related uses. SECTION 610 PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS The principal uses permitted in the Commercial Districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off - street parking, loading, and screening requirements and other use conditions in Chapter 10. The use units permitted in Commercial Districts are set forth below Table 1. No. Table 1 Use Units Permitted in Commercial Districts Districts 1. Areawide Uses X X 2. Areawide Special Exception Uses E E 4. Public Protection and Utility Facilities X X 5. Community Services, Cultural and Recreational Facilities X X 8. Multi- Family Dwellings and Similar Uses E E 10. Off- Street Parking Areas X X 11. Offices and Studios X X 12. Eating Places Other Than Drive -Ins X X 13. Convenience Goods and Services X X 14. Shopping Goods and Services X al0lat X 15. Other Trades and Services 9 X 16. Gasoline Service Stations X X 17. Automotive and Allied Activities E X -41719' 18. Drive -In Restaurants 0 X 19. Hotel, Motel, and Recreation Facilities X X 20. Commercial Recreation, Intensive E 21. Business Signs and Outdoor Advertising X X 22. Warehousing and Wholesaling E 24. Light Manufacturing and Industrial Research and and Development E x = use Dy rignt. E = special exception. 36 Affidavit Of Publication STATE OP OKLAHOMA, TULSA COUNTY, as: Hill R. Retherford, of lawful age, being; duly sworn and authorized, says that he is Life publisher of the OWASSO REPORTER , a weekly newspaper printed in the city of OWASSO 'Fulso County, Oklahoma, a newlipnper qualified to publish legal notices, advertisenlerlLS mid publications ns provided in Section 10G of Title 25, Oklahonln Statutes 1971 and 1989 as amended, and thereafter, and complies with all other requirements of the laws of Oklnhonln with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in Lhe regular edition of said newspaper during the period and tinge of publication and not in a supplement, on the following dates: FEBRUARY 16 199 5 lie Subscribed and sworn to before Too this "th day of February '199 5 Notary Public My Cornmission expires: March 20, 1997 PUBLISHER'S FEE $ 88.12 Published In the Owasso Reporter, Owasso, Tuisa County, Oklahoma, February 16, 1995. EXHIBIT *A' NOTICE TO THE PUBLIC OF A 11EARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -95 -01 Notice is hereby given that a public hearing will be held before the Owas- so Planning Commission, In the Owasso Community Center, Owasso, Okla- homa, at 790 P.M. on Ilia 14th day of March, 1995. AI that lime and place, consideration will be given to the proposed change of the zoning ciasslllcaf of the fellowleg described property: A TRACT OF LAND COMMENCING AT THE HE CORNER OF THE NW/4 OF THE SW/4 OF SECTION 20, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE SOUTH 222.96 FEET TO THE POINT - OF- BEGINNING. THENCE SOUTHWESTERLY ALONG A CURVE 10 THE LEFT AND THE EAST RIGHT-OF -WAY LINE OF US HIGH- WAY 169 A DISTANCE OF 1273.46 FEET TO A POINT ON THE SOUTH LINE OF THE NW /4 OF THE SW /4 OF SAID SECTION: THENCE EAST A DISTANCE 632. BO FEET TO A POINT ON THE EAST BOUNDARY OF T14E THREE LAKES III ADDITION: THENCE NORTH ALONG SAID BOUNDARY LINE A DISTANCE OF 1097.05 FEET TO THE POINT OF BEGINNING, SAID TRACT CONTAINING 8 .86 ACRES, MORE OR LESS. The general location of the property is west of the Three Lakes Addition, directly north of the Owasso Walmod. To be considered Is a nuoNng from AG (Agriculture General District) to and OM (Office Medlwn). All persons interested In this matter may be present at the hearing Ind present their obfectlons to o: arguments for any or all of the above mailers. In the event that such proposed rezoning is approved, In whole or In Phil, by the Owasso Planning Commission, surd Planning Commission shalt sub- mit Ile recommendation to the City Council of the City of Owasso for its coo- sidemtion and action, as provided by law. The City CounciPs review of the recommendation of the Planning Com- mission oa the proposed rezoning shall be at a meeting time and place to be determined by the Council, said Information to be available from the Owasso City Planner. A map showing the proposed rezoning necompanies this notice. For more Information on the proposed rezoning contact the Owasso Community Development Department, City Half, 207 S. Cedar, Owasso, Oklahoma 74055, re phone (1) is) 272 -2251. Dated a1 Owasso, Oklahoma, this 13th day of February. 1995. llav, by D. Rooney Communier Development Director 207 South Cedar PO Box 180 Owasso. OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -95 -01 (918) 272 -2251 FAX (918) 272.4999 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma at 7:OC PM on the 14th day of March, 1995. At that time and place, the Owasso Planning Commission will consider a request from Tyann Development, applicant and purchaser, for a proposed change of the zoning classification from an AG (Agriculture) District to CG (Commercial General) and OM (Office Medium) District, which would allow for the development of Commercial and Office Uses. The subject property is described as follows: Commencing at the NE corner of the NW/4 of the SW/4 of Section 20, Township 21 North, Range 14 East; thence south 222.96 feet to the Point-of-Beginning. Thence southwesterly along a curve to the left and the east right-of-way line of US Highway 169 a distance of 1273.46 feet to a point on the south line of the NW/4 of the SW/4 of said Section; thence east a distance 632.80 feet to a point on the east boundary of the Three Lakes III addition; thence north along said boundary line a distance of 1097.05 feet to the Point of Beginning, said tract containing 8.86 acres, more or less. The general location of the property is west of the Three Lakes Addition, directly north of the Owasso Walmart. As an abutting or nearby property owner, you are being notified so that you may be able to express your views or concerns regarding this request. If you are unable to attend this meeting, please forward any comments you may have in writing to the Owasso City Planner, 207 S. Cedar Street. These comments will be presented to the Planning Commission members at the scheduled public hearing by Planning Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272 -2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 15th day of February, 1995. Sincerely, Timothy D. Rooney Community Development Directo Tyann Development Inc. P.O. Box 397 Telephone: (918) 274 -0517 Owasso, OK 74055 Fax:: (918) 272 -9585 (HAMCO) TO: Owasso Planning Commission & Owasso City Council FROM: Steve Compton, Managg DATE: February 16, 1995 5 SUBJECT: Rezoning Request Briefing - Case OZ -95 -01 REZONING REQUEST: Tyann Development, Inc. has applied to the Owasso Planning Commission and the Owasso City Council requesting the rezoning of a vacant 8.86 acre tract of land generally located north of the Wal -Mart store and east of U.S. Highway 169. Abutting the tract on the east is a single - family subdivision, Three Lakes III. The tract has approximately 1,273 feet of frontage on the east service road of the expressway. The rezoning application consists of a request for a combination of medium intensity commercial (Commercial General District - CG) and medium intensity office (Office Medium Intensity District - OM). See Zoning Request Map. This request has been carefully and thoughtfully researched and is strictly based upon, (1) current comprehensive development policies of the City of Owasso for the area in question, (2) existing physical conditions and the current use of the tract and surrounding area, and (3) planning principles and standards accepted by planning authorities at both the local and national levels. CG ZONING REQUEST MAP CONFORMANCE TO COMPREHENSIVE PLAN: The Owasso Comprehensive Plan 1978 -2000 - 1985 Update, shows the subject tract to be designated as Medium Intensity Residential (Apartments). However, it is the opinion of Tyann Development that the comprehensive plan is outdated and does not reflect the current city plans and policies for long -term development of the expressway corridor area. In 1978 when the existing plan was developed for this area it was assumed that the service road would not be extended, making this portion of the corridor questionable for commercial use. More recently, the city staff has made it quite clear that any development within the corridor can occur, but will not be allowed without the extension of the service road by the developer through each proposed development. This staff policy has been reinforced by the city's support of a proposed Performing Arts Center to be located at the southeast corner of expressway and 96th Street North. Obviously, a facility this size would require extension of the service road south from 96th Street to properly provide direct access to such a large traffic generator. A second action by the city that confirms its 1978 Comprehensive Plan and the policies contained within that plan, as they pertain to the service road, has changed occurred when PUD -10 was approved. This PUD allowed approximately 12 acres of commercial zoning to occur southwest of the proposed Performing Arts Center, but is was restricted from occurring until the service road was extended to the tract. In addition, it has been brought to our attention that Mr. Hayward Smith has engaged the services of a land planner to prepare a PUD master plan for the west side of the expressway for the city's review and possible approval. It is our understanding that this proposal will include a west side service road and proposed commercial use of the frontage area that would be created. Therefore, it would seem only reasonable that undeveloped land along this corridor is due the same zoning consideration as has been allowed in the corridor area between 76th Street North and 86th Street North. A field check of the tract and surrounding area to identify existing physical conditions and features shows the tract to be abutted on the east by the Three Lakes III addition, on the south by the Wal -Mart Automotive Center, and on the northwest by the expressway. The service road is in place, however, water and sewer will have to be extended and detention will need to be provided in order to satisfy all city development requirements. The actual physical existence of the Wal -Mart Automotive Center is extremely important in our decision to request General Commercial on the tract. If this use were not a part of the total Wal -Mart Store it would not be allowed because the store is zoned for Commercial Shopping. This is certainly an acceptable zoning classification for the store; however, the physical fact that remains is the automotive center exists adjacent to the subject tract and greatly effects the potential use of the tract and supports the requested General Commercial zoning designation. In researching the proposed rezoning request to insure its appropriateness, Tyann Development reviewed the current zoning patterns along both sides of U.S. Highway 169 between 76th Street ZONING PATTERN MAP North and 96th Street north. It was determined that over 200 acres of land adjacent to the expressway are currently being utilized or have been zoned for General Commercial, High Intensity Commercial, commercial Shopping, Medium Intensity Office, or Light Industrial. These areas are shown on the zoning pattern map and are indicated with balack shadding. It was also determined that approximately 60% of the frontage land along the east side of the expressway between 76th Street North and 86th Street North is zoned a combination of General Commercial and Light Industrial. These existing zoning patterns certainly support the General Commercial and Medium Intensity Office Zoning Classifications ebing requested. In summary, it would be Tyann Development's contention that the comprehensive plan developed in 1978 is outdated as it pertains to the area in question and s not long the correct guide to be used for evaluating zoning requests. It is alos out opinion that we have shown the rquest to be in conformance with the city's comprehensive development policies for the area and is consistent with the existing zoning patterns and physical feature of the tract and surrounding area. DEVELOPMENT CONCEPT: In addressing the matter of the proposed request meeting appropriate planning principles and standards, we would submit a Development Concept. This plan should not be considered as a Site Plan; but rather, it should be considered as an "idea drawing ". It would be Tyann Development's intention that the subject tract, when finally completed would appear to be somewhat similar to the Development Concept. We would hope that this would be accomplished by using a combination of, (1) an on -site zoning pattern that restricted use of areas adjacent to residential properties, but at the same time still requires the construction of a screening fence; (2) the use of both a drainage easement and utility easement on the Plat to reinforce the zoning pattern and insure that no commercial construction will occur closer than 40 feet to the back , property lines of any residential use; (3) the use of restrictive covenants on the Plat to require perpetual landscape screening and maintenance of the storm water reserve area by the commercial lot owners; and (4) the individual Site Plan Review conducted by the Owasso Planning Commission for each lot prior to development. DEVELOPMENT CONCEPT CONCLUSION: It has been shown that the Owasso Planning Commission and Owasso City Council have zoned over 200 acres of land adjacent to the U.S. Highway 169 Expressway between 76th Street North and 96th Street North as either General Commercial, Commercial Shopping, High Intensity Commercial, Medium Intensity Office, or Light Industrial. It has also been shown that 60% of the land abutting the east service road of the expressway is zoned either General Commercial or Light Industrial and that a General Commercial use currently exists adjacent to the south boundary of the tract. As development occurs the east service road between 86th Street North and 96th Street North will be put into place to provide adequate traffic support based upon current city requirements. Tyann Development will provide, (1) appropriate precautions to buffer adjacent residential uses and (2) the necessary water, sewer, and storm water drainage facilities for proper land development. Therefore, it can be concluded that the request before you for General Commercial and Medium Intensity Office is appropriate and due strong consideration for approval. We would request such approval. MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: ANNEXATION REQUEST BY MR & MRS HAYWARD SMITH 126.805 ACRES DATE: March 8, 1995 BACKGROUND Mr. and Mrs. Hayward Smith have submitted to the City of Owasso a petition for annexation of their jointly owned property totaling approximately 126.805 acres. The subject property is shown on the attached map and is currently undeveloped. The subject property is currently zoned AG (Agricultural) and would remain zoned AG upon annexation. All property annexed by the City of Owasso is required to be zoned the lowest zoning classification (AG) until any rezoning request is received and approved by the Planning Commission and the City Council. A copy of the City of Owasso's annexation policy is attached for your information and review. If annexation is approved, the subject property will have to go through all platting requirements of the City of Owasso prior to any development. It should be noted that upon any development of this property, acceleration /deceleration lanes would need to be included for all entries along E. 96th Street North and Garnett Road. Other identified development challenges noted would be the straightening of E. 96th Street North, as well as extending water and sewer service. Notification of the annexation request was published in the Owasso Reporter on March 2, 1995 to notify the public of the annexation request before the Planning Commission. That notification will be followed by notification published two consecutive weeks in the Owasso Reporter on March 9 and 16, 1995 to notify the public of possible City Council action regarding the request. A copy of the procedures for annexation is also attached for your information and review. The Technical Advisory Committee reviewed this request at their March 1, 1995 meeting and had no comments regarding the request. The Annexation Committee reviewed this request at their March 2, 1995 meeting and unanimously recommended approval. RECOMMENDATION Staff is recommending approval of the annexation request submitted by Hayward & Betty Jane Smith. ATTACHMENTS 1. Case map 2. City of Owasso's annexation policy 3. City of Owasso's procedures for annexation 4. Copy of the annexation petition. SUBJECT SITE ANNEXATION REQUEST ANNEXATION POLICY 1. While there is no minimum tract size, properties of larger than 20 acres are preferable. 2. All properties should be contiguous to existing city limits. 3. All properties should be annexed into the city limits as the lowest zoning classification, that is, AG, agricultural. Landowners may then petition for rezoning if they desire further development of their property. All legal uses annexed into the city will be legal, but non - conforming, which means that they may continue but cannot be expanded without proper zoning. 4. All public infrastructures that do not met city standards will not be improved by the city until brought to the city standard and accepted by the City Council. Such public facilities must be improved at owners expense by the establishment of a special assessment district or some other financing method. 5. Where a city limit boundary ends at a dedicated street, the boundary will not include the street right -of -way. This policy will establish consistence and allow city employees and citizens to know where the city boundaries are. 6. Properties that are rejected for annexation should not be considered for annexation for a six month period after rejection by the City Council. Adopted by Council on March 1, 1988. PROCEUDRES FOR ANNEXATION CITY COUNCIL SPONSORED ANNEXATION: 1. City Council direction to study the annexation of property. 2. Notice published two consecutive weeks in the Owasso Reporter of a Planning Commission Hearing which will include a map and text of the - proposed annexation. 3. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two consecutive weeks in the Owasso Reporter of a City Council Hearing which will include a map and text of the proposed annexation. 6. City Council hearing and action on the proposal. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. CITIZEN SPONSORED ANNEXATION: 1. Submission to the City Planner of an application and petition and an administrative fee as prescribed by Ordinance. 2. Review by a Standing Annexation Committee and recommendation to the Planning Commission and City Council. 3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning Commission Hearing which will include a map and text of the proposed annexation. 4. Planning Commission Hearing on the proposal and recommendation to the City Council. 5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's expense of a City Council Hearing which will include a map and text of the proposed annexation. 6. City Council Hearing and action on the proposal. 7. If the proposal is approved by the City Council, an Ordinance will be prepared, approved, published, and filed of record with the office of the County Clerk, with a map of the property annexed. Adopted by City Council on March 1, 1988. BEFORE THE HONORABLE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA PETITION FOR ANNEXATION The undersigned, constituting not less than three- fourths of the registered voters and being owners of not less than three- fourths (in value) on the hereinafter described real estate situated in Tulsa County, Oklahoma, to -wit: All that part of the northwest quarter (NW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof lying north and west of the westerly right-of-way of U.S. Highway 169 more particularly described as follows, to-wit: Beginning at the southwest comer of said NW /4, thence N 1°12'26 "W along the west line of said NW 14 for 2638.46 feet to the northwest comer thereof, thence N 88°44'59 "E along the north line of said NW 14 for 2651.53 feet to the northeast corner thereof, thence S 1°14'06 "E along the east line of said NW/4 for 998.20 feet to the point of intersection of the east line of said NW/4 and the westerly right-of-way of said U.S. Highway 169, thence S 48°54'01 "W along said right-o -way line for 1193.92 feet, thence on a curve to the left along said right -of -way line having a radius of 5230.51 feet and a central angle of 13°14'19" for 1208.46 feet to a point on the south line of said NW/4, thence S 88°41'16 "W along said south line for 906.08 feet to the point of beginning. AND All that part of the Northeast Quarter of the Northwest Quarter of the Southwest Quarter (NE/4 NW/4 SW/4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof lying north and west of the westerly right-of-way of Highway 169 and more particularly described as follows, to-wit: Beginning at the point of intersection of said westerly right-of-way of Highway 169 and the north line of said NE/4 of the NW/4 of the SW/4, thence southwesterly along the said westerly right-of-way of Highway 169 on a curve to the left having a radius of 5230.51 feet and a central angle of 4°41'43" for 428.63 feet to a point on the west line of said NE/4 of the NW/4 of the SW/4, thence N 1°12'51 "W along said west line of said NE/4 of the NW/4 of the SW/4 for 352.60 feet to the northwest comer thereof, thence N 88°41'16 "E along the north line thereof for 242.88 feet to the point of beginning containing 126.805 acres more or less. Bearings shown are from Oklahoma Department of Transportation data. being territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petition the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. Dated this 14TH day of February, 1995. Owner( ): G Hayward ith Betty Jane Smith MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: FINAL PLAT - CARDINAL VIEW ADDITION DATE: March 8, 1995 BACKGROUND The City of Owasso has received a request to review a final plat for Cardinal View Addition. Cardinal View is a 14.98 acre development immediately south of Central Park and contains 55 residential lots zoned RS -3. As you may recall, the preliminary plat for this addition was approved by the Planning Commission in February of 1995. Several concerns, however, were aired at the Preliminary review stages regarding a drainage easement on the west boundary of Cardinal View, as well as the necessity for a storm water detention area to be included within the plat. The Technical Advisory Committee reviewed the preliminary plat for Cardinal View at their March 1, 1995 meeting. At that meeting, the applicant was provided a list of all staff comments regarding the plat. In addition to staff comments, several utility representatives also requested easement clarification in several areas. A list of staff comments is included for your information and review. The enclosed plat contains all recommendations from both staff and the utility companies attending the TAC meeting. As mentioned previously, there were two significant concerns regarding the preliminary submittal. As you can see by the enclosed plat, both concerns have been addressed. The drainage easement on the west boundary of the plat has been included within this addition and language is contained within the covenants for the maintenance of this area. The detention area is also included within this submittal and is designed to handle the runoff from both Central Park and Cardinal View. The construction plans are in the review processes with the Public Works Department. The plans must be approved by that department and the State of Oklahoma must issue a water and sanitary sewer permit before the City Council acts on any final plat. RECONMIENDATION The applicants have addressed all plat comments from the TAC, and have included the drainage and detention areas within the boundaries of this plat. Staff is recommending approval of the final plat of Cardinal View. ATTACHMENTS Technical Advisory Committee comments from March 1, 1995. ENCLOSURE Final plat for Cardinal View Addition. Covenants for Cardinal View Addition. MEMORANDUM TO: THE OWASSO TECHNICAL ADVISORY COMMITTEE FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: STAFF COMMENTS FOR MARCH 1, 1995 TAC MEETING DATE: February 28, 1995 Below are a list of comments from both the Planning and Engineering Staff regarding the March 1, 1995 TAC items. SITE PLAN REVIEW - KWIK 1. An 11' u/e exists along the south boundary line via the lot split case creating this lot. The building needs to be shifted north a minimum of 10 feet. 2. Landscaping should be included within the proposed development. The Planning Commission will want to see a detailed landscaping plan. 3. A separate permit is required for all signage. (No signage is included in the building permit) ANNEXATION REQUEST - HAYWARD & BETTY JANE SMITH 1. No comments. FINAL PLAT - CARDINAL VIEW 1. Detention area(s) need to be shown within the boundaries of this plat. 2. Drainage area along the west boundary needs to be included within the boundaries of this plat. 3. Covenants should include how the drainage areas will be maintained. 4. Please note to the developers that the Emergency Siren Fee will be applied to this addition per the new subdivision regulations. Also, streets will not be accepted until street signs and reflector turtles are installed. (see attached) 5. Several corrections are needed within the legal description. (see attached) 6. An easement will need to be filed by separate instrument along the south edge of Lot 18, Block 3 and Lots 24,25, and 33, Block 5 and North of Lot 7,8, and 9, Block 3. 7. Show easement type and dimension along the east side of Lots 12 & 13, Block 5. FINAL PLAT - BAILEY RANCH ESTATES H 1. Provide a curve table. 2. Show right -of -way widths. 3. Review lot dimensions on the west side of Lot 13, Block 5. 4. The emergency siren fee will be applied to this addition. 5. Streets will not be accepted until street signs and reflector turtles are installed. MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: FINAL PLAT - BAILEY RANCH ESTATES H DATE: March 8, 1995 The City of Owasso has received a request to review a final plat for Bailey Ranch Estates II. Bailey Ranch Estates II is a planned unit development located 1/4 mile north of E. 96th Street North and Garnett Road, immediately east of the existing Bailey Ranch Estates. Phase II of this development reflects that it would consist of 135 lots on 40.75 acres of property. The preliminary plat for Bailey Ranch Estates II was reviewed and approved by the Planning Commission in December of 1994. The Technical Advisory Committee reviewed the final plat at their March 1, 1995 meeting. At that meeting, the applicants were supplied with a list of staff corrections to the plat, a copy of this list is attached for your information and review. The utility company representatives at the TAC meeting had no comments /concerns regarding this plat submittal. Washington County Rural Water District, the utility that will be providing this portion of the addition with water service, was contacted regarding the TAC meeting but did not attend or forward any comments. Once again, it would appear that the goal of having all significant corrections occurring in the "preliminary" stage is succeeding. The plat itself reflects an extension of its main boulevard entry (E. 100th Street North), again with limited access for driveways on to this main street in the addition. In fact, Bailey Ranch Estates II is identical in lot layout to the previous development concept presented to the Planning Commission as a PUD. As stated previously, the Bailey Ranch Estates development is a planned unit development, thus certain conditions exist that are not always applicable to other residential subdivisions. Those conditions, part of the applicants development text, are included and listed separately within the covenants of the addition. The construction plans are currently being reviewed by the Public Works Department and once those plans are approved by that department they will be forwarded to the state for their approval. Once that approval is received and water and sewer permits are issued, this plat would then be forwarded to the City Council for final approval. RECOMMENDATION Staff is recommending Planning Commission approval of the preliminary plat for Bailey Ranch Estates H. ATTACIIMENTS /ENCLOSURES 1. TAC recommendations from the March 1, 1995 meeting. 2. Final plat for Bailey Ranch Estates H. 3. Covenants for Bailey Ranch Estates H. MEMORANDUM TO: THE OWASSO TECHNICAL ADVISORY COlbINHTTEE FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: STAFF COMMENTS FOR MARCH 1, 1995 TAC MEETING DATE: February 28, 1995 Below are a list of comments from both the Planning and Engineering Staff regarding the March 1, 1995 TAC items. SITE PLAN REVIEW - KWIK INDUSTRIES 1. An 11' u/e exists along the south boundary line via the lot split case creating this lot. The building needs to be shifted north a minimum of 10 feet. 2. Landscaping should be included within the proposed development. The Planning Commission will want to see a detailed landscaping plan. 3. A separate permit is required for all signage. (No signage is included in the building permit) ANNEXATION REQUEST - HAYWARD & BETTY JANE SMITH 1. No comments. FINAL PLAT - CARDINAL VIEW 1. Detention area(s) need to be shown within the boundaries of this plat. 2. Drainage area along the west boundary needs to be included within the boundaries of this plat. 3. Covenants should include how the drainage areas will be maintained. 4. Please note to the developers that the Emergency Siren Fee will be applied to this addition per the new subdivision regulations. Also, streets will not be accepted until street signs and reflector turtles are installed. (see attached) 5. Several corrections are needed within the legal description. (see attached) 6. An easement will need to be filed by separate instrument along the south edge of Lot 18, Block 3 and Lots 24,25, and 33, Block 5 and North of Lot 7,8, and 9, Block 3. 7. Show easement type and dimension along the east side of Lots 12 & 13, Block 5. FINAL PLAT - BAILEY RANCH ESTATES H 1. Provide a curve table. 2. Show right -of -way widths. 3. Review lot dimensions on the west side of Lot 13, Block 5. 4. The emergency siren fee will be applied to this addition. 5. Streets will not be accepted until street signs and reflector turtles are installed.