HomeMy WebLinkAbout1995.04.11_Planning Commission AgendaAGENDA PACKET
OWASSO PLANNING COMMISSION
APRIL 11, 1995
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING COMMISSION
TYPE OF MEETING: Regular
DATE: April 11, 1995
7:00 PM
PLACE: Owasso Community Center
NOTICE FILED BYTimothy Rooney :
TITLE: Community Development Director
Filed in the office of the Owasso City Clerk at 4:30 PM on March 20, 1995.
TimothyRoone ommunity velopmentDirector
OWASSO PLANNING COMMISSION
REGULAR MEETING
Tuesday, April 11, 1995, 7:00 PM
Owasso Community Center, 301 S. Cedar
AGENDA
1. Call to Order
2. Roll Call
Consider Approval of the Minutes of February 14, 1995 Regular Meeting.
4. Site Plan Review - Church of the Nazarene - A request for a review of the site plan for
the Church of the Nazarene located on Lot 9, Block 18, Original Town of Owasso,
further described as 10 S. Birch, Owasso, OK. The general location of the subject site
is the northwest corner of Birch and Broadway.
5. Annexation Request - A & W Development - A request for a review of an Annexation
Request by A & W Development for an approximate 100 acre tract located north and
west of the northwest comer of E. 116th Street North and Garnett Road, further
described as a portion of the SE/4 of Section 6, T21N, R14E of the Indian Base and
Meridian, Tulsa County, Oklahoma.
6. OPUD -13 - Pittman. Poe, and Associates - A request for a rezoning of property from
AG (Agriculture) to PUD (Planned Unit Development) to allow for the development of
residential, commercial shopping, office, research, and light industrial land uses. The
subject property is described as a portion of the NW/4 of Section 20, T21N, R14E of the
Indian Base and Meridian, Tulsa County, Oklahoma. The subject property is located
south and east of E. 96th Street North and Garnett Road and contains 126.805 acres,
more or less.
7. OZ -95 -02 - Tyann Development - A request for rezoning of property from AG
(Agriculture) to CG (Commercial General) and OM (Office Medium) located in the SEA
of the NW /4 of Section 20, T21N, R14E of the Indian Base and Meridian, Tulsa County,
Oklahoma and contains 18.39 acres more or less. The subject property is generally
located north of Three Lakes Addition, west of Smith Elementary.
Owasso Planning Commission
AGENDA
April 11, 1995
8. OLS -95 -02 - City of Owasso - A request for a lot split by the City of Owasso. The
subject property is described as being located in the NEA of Section 31, T21N, R14E
of the Indian Base and Meridian, Tulsa County, Oklahoma and contains approximately
3 acres. The subject property is located south of the Owasso Recycle Center.
9. Preliminary Plat - Castle Point Commercial Park - A request for a review of the
preliminary plat for Castle Point Commercial Park, a commercial/office addition to the
City of Owasso. The property is described as being located directly north of the Owasso
Walmart and is located within the SWA of Section 20, T21N, R14E and contains 8.86
acres more or less, comprised of 6 commercial lots.
10. Final Plat - The Village at Southern Links - A request for a review of the final plat for
The Village at Southern Links, an addition to the City of Owasso. The property is
located south of E. 86th Street North and lies within W/2 of Section 30, T21N, R14E
and contains 61 residential lots on 17.19 acres.
11. Final Plat - The Estates at Southern Links - A request for a review of the final plat for
The Estates at Southern Links, an addition to the City of Owasso. The property is
located immediately west of the Village at Southern Links and lies within the W/2 of
Section 30, T21N, R14E and contains 23 residential lots on 11.31 acres.
12. Final Plat - The Summit at Southern Links - A request for a review of the final plat for
The Summit at Southern Links, an addition to the City of Owasso. The property is
immediately south of the Estates at Southern links and lies within the W/2 of Section 30,
T21N, R14E and contains 29 residential lots on 15.30 acres.
13. New Business.
14. Report on Planning Items Previously Forwarded to City Council.
15. Discussion of Development In and Near Owasso.
16. Adjournment.
OWASSO PLANNING COMMISSION
MINUTES OF REGULAR MEETING
Tuesday, March 14, 1995, 7:00 PM
Owasso Community Center
301 S Cedar, Owasso, Oklahoma
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
Ray Haynes Dewey Brown Tim Rooney
Jerry Cole Charles Willey Charlotte White
Gary Wells
The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on Friday,
February 24, 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 FEBRUARY 14, 1995 REGULAR
MEETING - The Commission reviewed the minutes of February 14, 1995. Jerry Cole
moved, seconded by Gary Wells to approve the minutes as written. A vote on the
motion was recorded as follows:
Jerry Cole - Yes
Gary Wells - Yes
Ray Haynes - Yes
The motion carried 3-0.
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,E1m Creek Estates. The general
location of the subject site is the east side of the Owasso Expressway, north of Mazzio's
restaurant.
The Chair introduced the case and the staff review was given by Mr. Rooney.
Jerry Cole moved to approve the site plan for Kwik Industries with the understanding that a pre -
construction meeting be held with City staff prior to building permit being issued. Seconded by
Gary Wells.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Gary Wells - Yes
Owasso Planning Commission
Minutes of March 14, 1995
Page 3
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Gary Wells - Yes
The motion carried 3 -0.
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.
The Chair introduced the case and staff review was given by Mr. Rooney.
Jerry Cole moved to approve the annexation request for Hayward and Betty Jane Smith,
seconded by Ray Haynes.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes- Yes
Gary Wells - Yes
The motion carried 3-0.
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 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 final plat for Cardinal View, subject to the water permit and
construction drawings being approved by the Public Works staff. Seconded by Gary Wells.
A vote on the motion was recorded as follows:
Ray Haynes - Yes
Gary Wells - Yes
Jerry Cole - Yes
Owasso Planning Commission
Minutes of March 14, 1995
Page 4
The motion carried 3-0.
8. Final Plat - Bailey Ranch Estates II - 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 acres more or less, comprised of 135
residential lots.
The Chair introduced the case and staff review was given by Mr. Rooney.
Jerry Cole moved to approve the final plat for Bailey Ranch Estates 11, subject to water permit
and construction drawings approval by the Public Works staff. Seconded by Ray Haynes.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Ray Haynes - Yes
Gary Wells - Yes
The motion carried 3-0.
9. New Business.
None
10. Report on Planning Items Previously Forwarded to City Council
11. Discussion of Development In and Near Owasso.
12. Adjournment - Jerry Cole moved, Gary Wells seconded, to adjourn the meeting.
A vote on the motion was recorded as follows:
Jerry Cole - Yes
Gary Wells - Yes
Ray Haynes - Yes
The motion carried 3-0 and the meeting was adjourned at 8:20 p.m.
Owasso Planning Commission
Minutes of March 14, 1995
Page 5
Chairperson
Secretary
Date
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: SITE PLAN FOR THE CHURCH OF THE NAZARENE
DATE: April 6, 1995
BACKGROUND:
The Owasso Church of the Nazarene has requested Planning Commission review of a site plan
for their property located on Lot 9, Block 18 of Original Town of Owasso. The subject site is
further described as 10 S. Birch, Owasso, OK on the northwest corner of Birch and Broadway.
The site plan is a reconfiguration of parking facilities for the Church. Currently, a vacant lot
is on the west side of the church and this is what will be utilized for their parking. The
applicants met with staff at the site in the late summer of 1994 in order to come up with a plan
for the improvements.
The site plan submitted will add 21 new parking spaces within the improved lot and 3
handicapped parking spaces along Broadway. The new parking lot will have a one -way
directional traffic flow through the site which will exit into the alley. Parking currently located
along the Birch street frontage will be removed, a grassy drainage swale will be installed, thus
improving the appearance of the site itself.
The site plan was reviewed by the Technical Advisory Committee at their March 29, 1995
meeting. At that meeting the utility companies had no objections to the submitted plan.
Staff views this request as an improvements to an older portion of the community and has no
objections.
RECOMMENDATION:
Staff recommends approval of the site plan for the Church of the Nazarene.
ENCLOSURES:
1. Church of the Nazarene Site Plan.
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
CITY OF OWASSO
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: ANNEXATION REQUEST BY A & W DEVELOPMENT
DATE: April 6, 1995
BACKGROUND
A & W Development has submitted to the City of Owasso a petition for annexation of their
jointly owned property totaling approximately 100 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. 116th Street North and Garnett Road, as well as
sidewalks.
Notification of the annexation request was published in the Owasso Reporter on March 16, 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
April 6 and 14, 1995 to notify the public of 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 29, 1995 meeting and
the Owasso Annexation Committee reviewed this request at their March 30, 1995 meeting. Both
committees unanimously recommended approval of the request.
RECOMMENDATION:
Staff recommends approval of the annexation request from A & W Development.
ATTACHMENTS:
1. Subject map
2. Annexation policy
3. Procedures for annexation
4. Petition for annexation
5. Copy of legal ad for annexation
SUBJECT SITE
ANNEXATION REQUEST
ANNEXATION POLICY
I. 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.
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) of the hereinafter described real estate situated
in Tulsa County, Oklahoma, to -wit:
All that part of Section Six (6), Township Twenty-one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States
Government Survey thereof, more particularly described as follows, to -wit:
BEGINNING at the Southeast corner of the SW/4 of said Section 6; thence North 89°50'54"
West along the South line of said SW/4 a distance of 59.58 feet to a point; thence North
00°09'06" East a distance of 275 feet; thence North 89°50'54" West a distance of 100 feet to
a point, said point being the Southeast corner of Lot 12, Block 3 of AMENDED WEST PORT
ADDITION to Tulsa County, Oklahoma; thence North 00°09'06" East a distance of 130.52 feet
to a point; thence North 15°31'11" East a distance of 596.03 feet to a point on the East line of
said SW/4; thence North 00°03'27" East along the East line of said SW/4 a distance of 296.71
feet; thence North 65°57'25" East a distance of 327.36 feet; thence North 46°42'49" East for
a distance of 1426.07 feet; thence North 38°00'25" East for a distance of 1045.09 feet; thence
North 37°55'40" East for a distance of 12.28 feet to a point on the East line of the SW/4 SE/4
NE/4 of said Section 6, said point being 65.04 feet South of the Northeast corner of said SW/4
SE/4 NE/4; thence South 00°05'31" West along the East line of the W/2 E/2 E/2 of said Section
6, for a distance of 857.97 feet; thence South 89°41'11" East for a distance of 661.90 feet to
a point on the East line of the SE/4 of Said Section 6; thence South 00°06'26" West along the
East line of Said Section 6 a distance of 1884.68 feet to a point, said point being the Northeast
corner of a tract deeded to the West Port Mennonite Brethren Church, thence North 89°49'33"
West a distance of 852.60 feet to the Northwest corner of said church tract; thence North
00°06'26" East a distance of 177.77 feet to a point; thence North 89°50'54" West a distance
of 330 feet; thence South 00°06'26" West a distance of 660 feet to a point on the South line of
said Section 6, said point being 1182.72 feet West of the Southeast corner of said Section 6;
thence North 89°50'54" West along the South line of said Section 6 a distance of 662.27 feet
to a point, said point being 800.42 feet East of the Southeast corner of the SW/4 of said Section
6; thence North 00°09'06" East a distance of 660 feet to a point; thence South 00°09'06" West
a distance of 660 feet to a point on the South line of said Section 6, said point being 470.42 feet
East of the Southeast comer of the SW/4 of said Section 6; thence North 89°50'54" West along
the South line of said Section 6, a distance of 470.42 feet to the Southeast comer of the SW/4
of said Section 6, the Point and Place of Beginning.
AND
All that part of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter (NE/4
SE/4 SW/4) of Section Six (6), Township Twenty-one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the United States
Government Survey thereof, more particularly described as follows, to -wit:
BEGINNING at a point on the East line of said NE/4 SE/4 SW/4 a distance of 1296.12 feet
North of the Southeast corner of said SW/4, said point being the most Northerly corner of Block
3 of the AMENDED PLAT OF WEST PORT ADDITION according to the Recorded Plat
thereof; thence South 65°57'25" West along the Northwesterly line of said Block 3, a distance
of 526.37 feet; thence South 15°31' 11" West a distance of 56.69 feet to a point, said point being
the Northeast comer of Lot 1, Block 1 of said AMENDED PLAT OF THE WEST PORT
ADDITION; thence North 74°28'49" West along the North line of said Lot 1, Block 1 a
distance of 175.0 feet to a point on the Easterly line of the Atchison, Topeka & Santa Fe
Railroad Right-of-Way, said point also being the Northwest corner of said Lot 1, Block 1;
thence North 15°31'11" East along the Easterly line of said Right-of-Way a distance of 148.43
feet; thence on a 1° curve to the right and a chord bearing North 16°04'21" East along said
Right-of-Way line a distance of 109.62 feet to a point; thence South 89°45'30" East a distance
of 594.46 feet to a point; thence South 00°03'27" West a distance of 23.60 feet to the Point of
Beginning.
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 27th day of February 1995.
Owner(s):
Hel eilliams, President Betty Atwood, Secretary
A & W Development A & W Development
being tenitory adjacent and contiguous to the Incorporated City of Owasso,
Oklahoma, and not presently embraced within the Limits thereof, hereby
petition the Coy Council of the City of Owasso, Oklahoma, to annex the
alommentbned real estare into the City Limits of sad City.
Datod this 271h day of February 1995.
Owner(s):
Helen WNWm, President Betty Atwood, Secretary
A & W Dwelopmont A It W Development
NOTICE TO THE PUBLIC
You are hereby advised that the above petition far annexation was Iliad
with the Community Dwoloprrenl Dkww of the City of Owasso on the 271h
day of February, 1995, and that Bald portion will be presented to rho Owas-
so Planning Commission, at the Owasso Community Center, 301 South
Cedar, Owasso, Oklahoma a 7L0 PM an the 11 Ill day of April. 1095.
Allppersons Interested In this matter maybe present at the hearingg and
ill. ihalr objections to or arguments for the proposal. The Planning Com-
mission will aubmh Its recommendation to the City Council of the City of
Owasso for is coneldemfion and action, a provided by law.
See tho attached map for property location. For more information an the
proposed ann.a lon centact the Community Development Department. City
Hall, 207 S. Cedar, Owasso, Oklahora, 74055 or phone (918) 272 -2251.
Dated st Owasso, Oklahoma, this 13th day of March, 1005.
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
Affidavit fi f Publication
March 16, 1995.
BEFORE THE HONORABLE CITY COUNCIL OF
THE CITY OF OWASSO, OKLAHOtA4
PETITION FOR ANNEXATION
STATE OF Ol OKLAIIOMA, TULSA COUNTY, so:
voemandboslnp Dxmerers off n floss the
than (Inhvalue) of hoo-
road estate sftuarod In Tuba County, Oklahoma,
That Part of Section Six (6), Township Twenty-one (21) Noah, Range
and authorized, says that he is the publisher Of the
Founeen (14) East of the Indian Base and Meridian, Tulsa County, State of
Oklahoma, according to the United Slates Government Survey thereat,
more partkularN doscrbed as tallos,to k:
Owasso Reporter a weekly
BEGINNING a the Southeast summer the SW 14 of said Section 6;
lhonce North 69'6064' Weal along the Souls line of said SW/4 a dis.
nowvepni r printed in Lho city of Owasso
fancy of 59.58 fast to a point thence North CO'OPO6' East a distance
of 275 feel; thence North 89.5054' West a distance of 100 feet to
point, sold point being the Southeast corner of Lot 12, Block 3 of
'Ailsa County, , Okiahom a, a qualified to
AMENDED WEST PORT ADDITION to Tulsa County, Oklahoma;
thence North 00'09'06' Enal a distance of 130.52 fool to a point;
thence North 15'31'11' East a distance of 593.03 test to apolnt on the
publish legal notices, advertisements and publications
East Ana or Bald SW /4; thence Noah 00.0327 East along the East line
all said SW/4 a distance of 296.71 IM: thence Noah 65 °57Y5' East a
dblance of 327.38 fast; thence North 46424g East far a distance of
as provided ill Section 1013 of Title 25, Oklahoma
1426.07 feet; thence Noah 38'0025' East lot a distance of 1045.09
last; thence North 37'6540' East for a distance at 12.28 feet to a point
SLRLUtCS 1071 and 198a nR nn1CDdMl, au] thereafter,
on the East line of the SW 14 SC14 NFJ4 of said Section 6, sold point
being 65.04 loot South of the Northeast cornarof said SW14 SE/4
NF14; thence South 00-05'31' West along the East line of the W12 ER
and complies with all other requirements of the laws
E/2 of Bald Seaton 6, for a distance of 857.97 feet; thence South
89.41.11' East for a distance of 601.90 feel to a point on the Ent line
of the SE/4 of Said Socilon 6; thence South 00'0626' West along the
ofOklnhonlawit ], reference to legal publicatiorla.
East line, of Said S ection6a distance of1884 .68 fast toa point, said
point being the Northeast corner of a trap deeded to the West Port
'flint said notice, it true copy of Which is attached
Mennonite Brethren Church, thence Noah 89.4933' Weal a distance
of 652.60 feat to the Northwest corner W Bald church trap; thence
North 0006'20 East a distance of 177.77 feet to a paint; thence North
hereto, was published in the regular edition of said
dlelanco of 6601 sett 10 a point on the South line of said Secection 6,wsaid
point being 1162.72 loot Weal of the Southeast comer of sold Section
newspaper during the period and Little or publication
6; thence Noah 89.60'54' Wool along the South line of said Section
e dlstana 01662.27 feat to a point, said point being 800A2 feel East
and not in a Supplement, sit the following dates:
of the Southeast corner of the SW 14 of said Section 6; thence North
00.09'06' East a distance of 660 feet to a point; thence South
00°09'08' Wait a distance of 600 loot to a Point on the South Ifne at
March 16r 1995
Bald SWIM 6, sad point being 4 70.42 feet East at the Southeast cor.
W the SW 14 of Bald Section e; thence North 89'5054' West along
the South line of said Seaon 6, a distance of 470,12 fee: to the South -
ease corner of the SW/4 of said Section 6. the Point and Place of
Beginning.
AND
Subscribed and sworn tobeforemet Is 16th
All that part of the Northeast Duane, W the Southeast Quarter of the
Southwest Quarter (NE/4 SEA SW/4) of Section SIX (G), Township
- day of_Ma March
Twenty -one (21) North, Range Fourteen (14) East of the Indian Sass
ad $farm Gwornment Survey fhereo . more pankularty, described as
follows,
Notary Public
BEGINNING at a point an the East fine of said NE 14 SE /4 SW 14 a
distance of 1296.12 fool North of the Southeast corner al said SW /4,
My CommissioneXpires: 3 -20 -97
said point being the meet Nonhorly comer of Bloch 3 of the AMENDED
PLAT OF WEST PORT ADD ITION according to the Recorded Plat
thereof; thence South 65'5725' West along the Nortmvealedy line of
PUULISIIEI2'SFEE$ 115.05
'oint,saidPomfneingtheNortheast
Weaaladistanceeof56.6 ffeeeltoap
corner of Lot 1, Block 1 of said AMENDED PLAT OF THE WEST
PORT ADDITION; thence North 74'28'49' West along the North Eno of
said Let 1, Black 1 a dfotanco of 175.0 feet to a point on the Easterly
line of the Atchison, Topeka & Santa Fe Railroad Right -of -Way, said
point also being the Northwest corner of Bald Lot 1, Block I; thence
North 1571'11' East along the Easterly kkw of red Rlghtof -Way adfs-
tense of 140.43 feel; thence on a 1curve to the right antl a chard
bearing Noah 10.04'21' Esst along said -Way ins a distance
of 109.62 foot to a point. thence South 69.45'30' East a distance of
594.46 foot to a point. thence South 00'03'27' West a die lance of
23.60 last to the Point of Beginning.
being tenitory adjacent and contiguous to the Incorporated City of Owasso,
Oklahoma, and not presently embraced within the Limits thereof, hereby
petition the Coy Council of the City of Owasso, Oklahoma, to annex the
alommentbned real estare into the City Limits of sad City.
Datod this 271h day of February 1995.
Owner(s):
Helen WNWm, President Betty Atwood, Secretary
A & W Dwelopmont A It W Development
NOTICE TO THE PUBLIC
You are hereby advised that the above petition far annexation was Iliad
with the Community Dwoloprrenl Dkww of the City of Owasso on the 271h
day of February, 1995, and that Bald portion will be presented to rho Owas-
so Planning Commission, at the Owasso Community Center, 301 South
Cedar, Owasso, Oklahoma a 7L0 PM an the 11 Ill day of April. 1095.
Allppersons Interested In this matter maybe present at the hearingg and
objections to or arguments for the proposal. The Planning Com-
mission will aubmh Its recommendation to the City Council of the City of
Owasso for is coneldemfion and action, a provided by law.
See tho attached map for property location. For more information an the
proposed ann.a lon centact the Community Development Department. City
Hall, 207 S. Cedar, Owasso, Oklahora, 74055 or phone (918) 272 -2251.
Dated st Owasso, Oklahoma, this 13th day of March, 1005.
CITY OF OWASSO
Planning Department
OPUD -13
Staff Report
CONCEPT OF A PUD
The concept behind a Planned Unit Development is that it provides a creative alternative to a
conventional development where a particular tract is under common ownership or control,
and a detailed plan (Outline Development Plan) for the development of the tract as a unit is
proposed and submitted for public input and review. The PUD allows for greater creativity
and flexibility than could be achieved by traditional zoning in planning and development of
large parcels of land. In short, a PUD allows for forms of conditional zoning that would not
be permitted if it was a typical rezoning request.
The PUD concept allows the developer to "collect or pick -up" all the developable floor area
allowed by the various parcels zoned commercial or office and all the lots allowed by those
parcels zoned single - family, and "place" them back onto the subject tract based upon an
approved master plan and text (including bulk and area standards) that considers the physical
conditions on and around the entire tract. The Smith Farm Community Development PUD,
does indeed contain commercial, single - family, multi- family, office, and light industrial land
uses.
The use of a PUD technique is a way to amend a zoning ordinance in accordance with a
complete coordinated plan of development for a larger parcel, rather than piecemeal the
changes by using variances of the zoning regulations.
BACKGROUND
Planned Unit Development #13 is 126.805 gross acres in size, all of which is undeveloped
with the exception of the Smith's current residence on Garnett Road. The underlying zoning
on the entire tract is AG (Agricultural) and the conceptual development plan allows for the
Smith home and lot to become a portion of the planned residential area. The Smith Farm
Community Development is located at the S/E corner of E. 96th Street North and Garnett
Road.
The subject tract is bordered by Highway 169 on its eastern boundary, E. 96th Street North
on its northern boundary, Garnett Road on its western boundary and existing residential
property zoned RE (Residential Estates) to the south.
The applicant is requesting approval of PUD supplemental zoning on the subject tract that
would be developed in accordance with a submitted Outline Development Plan and Text.
The plan and text call for the development of a single - family low density residential area as
well a multi- family area which would be intended to develop at RM -1 (Residential multi-
OPUD -13
Staff Report
Page 2 of 6
family low density). The latter area is intended for villas and townhome development for
retirement housing, allowing for the flexibility of rental units or outright purchase.
Immediately abutting the 25 foot landscaped buffer area, is the planned office/research /light
industrial area. The rear of these lots (the portions which would be abutting the single -
family residential rear yards) will include a 75 foot landscape easement, 25' of which is a
landscape buffer. This buffer would include a pedestrian trail system and extensive
landscaping including berms. The rear setback requirement on this property is 75 feet ... this
area combined with the required rear yard setback of 30 feet for the single - family dwelling
area would ensure a minimum of 105 feet of area where no principal structure could be
placed.
Three large commercial tracts are also included in the development concept. These tract
(two at the northeast portion of the tract, one at the southwest comer of the tract, would have
high visibility from E. 96th Street North, Highway 169, and Garnett Road respectively.
Maps for existing utilities, topography, slope, hydrology, soils, and surrounding zoning are
all included within the applicants text for your information and review.
STAFF ANALYSIS
The Zoning Code identifies that the Planning Commission shall conduct a public hearing and
shall determine:
(1) Whether the PUD is consistent with the Comprehensive Plan.
(2) Whether the PUD is in harmony with the existing and expected development
of surrounding areas.
(3) Whether the PUD is a unified treatment of the development possibilities of the
project site.
(4) Whether the PUD is consistent with the stated purposes and standards of the
PUD Ordinance.
(a) Permit innovative land development while maintaining
appropriate limitation on the character and intensity of use
assuring compatibility with adjoining and proximate properties;
(b) Permit flexibility within the development to best utilize the
unique physical features of the particular site;
(c) Provide and preserve meaningful open space;
OPUD -13
Staff Report
Page 3 of 6
(d) Achieve a continuity of function and design within the
development.
CONSISTENCY WITH COMPREHENSIVE PLAN
The Comprehensive Plan is implemented through the use of the zoning process. This means
that when zoning or PUD requests are presented to the Planning Commission and City
Council, they should be consistent with the Comprehensive Plan or logical reasons should be
presented to show that the plan needs to be amended.
The Comprehensive Plan designates the subject tract to be developed at a Low Density
Residential Density, with a Commercial node at the intersection of E. 96th Street North and
Garnett Road to be developed at both medium and high densities. Once again, it is important
to note that the Comprehensive Plan, last updated in 1985, is likely to be outdated and
inaccurate in 1995 as it is applied to this area. While a substantial portion of the applicants
proposal would call for residential development at the residential designation that the
Comprehensive Plan called for in 1985, an equally substantial portion is being requested to
be developed for residential multi- family, commercial and high tech industrial uses.
Considering the portions that would be abutting Highway 169, Garnett, and E. 96th Street
North, the applicants request is following existing development trends. Certainly, one can
reach the conclusion that the Owasso area has grown leaps and bounds above what anyone
would have anticipated. Therefore, the previous Comprehensive Plan has proven to be
outdated in certain areas within its study boundary.
Two forms of residential lots are proposed by the applicant. The majority of the residential
area being requested in the PUD contains residential lots to be developed with RS -1
(Residential Single - Family Low Density) as its underlying zoning classification with slight
variation on lot sizes. Currently, the minimum lot area for an RS -1 zoned development
would be 13,500 square feet, while the applicant is requesting the minimum lot size at
12,000 square feet, however many lots would be substantially larger than the minimum size.
The density permitted by RS -1 zoning would allow for up to 106 single family dwelling units
on 39 acres - the applicants are currently proposing 75 single - family lots with their submittal,
with the flexibility to expand that number to 100.
A small portion of the PUD contains multi- family and single - family attached residential lots.
This area would abut the southeast corner of E. 96th Street North and Garnett Road and
contains 8.6 acres. The applicant has requested either of these forms of uses in the event
that at the time of development completion, individual units can be sold or rented or a
mixture of both. An RM -1 zoning district, the underlying zoning designation being
requested by the applicant, would permit up to 86 dwelling units, while the applicants are
requesting the amount to exceed 70 units.
OPUD -13
Staff Report
Page 4 of 6
The applicants are also requesting seven large lots for office or office/research /light
industrial uses. One of the seven lots is reserved strictly for office uses and far exceeds the
minimum development standards for the underlying OL designation. The other six lots,
identified for office /research /light industrial, also exceed the minimum property development
standards for IL, the requested underlying zoning designation.
Three lots strictly reserved for commercial development are being requested by the
applicants. The underlying zoning designation for these lots is CS (Commercial Shopping)
and the proposal would also meet all property development standards in this area as well,
allowing up to 718,087 square feet of commercial retail area.
Harmony With Existing and Expected Development
Any large development such as the proposed PUD is going to create rapid changes within a
community and new demands will be placed upon our existing infrastructure. It is important
to note, however, that in a community like Owasso, this growth would be likely to occur
regardless of this development. The PUD simply increases the demand for services more
quickly and thereby shortens the schedule for determining solutions.
In reviewing existing development, it appears that the proposed PUD and subsequent
subdivision would be a logical expansion of both residential and commercial development
found to the south along the Highway 169 corridor. The City of Owasso is likely to see
expanded residential development in this area has already occurred with the addition of
Bailey Ranch Estates within a half -mile of this site and additional residential development is
likely due to the proximity of the golf course.
Leval. Planning and Site Engineering
Concerns were noted regarding the ability of the developers to service this property with
sanitary sewer when the property was reviewed for annexation, as well as what effect their
would be on water pressure. Review of existing sanitary sewer loads as well as a K -pipe
study will be performed on this area to ascertain the impact.
As a reminder, staff will also be requiring acceleration and deceleration lanes along any
entrances from E. 96th Street North and Garnett Road, as well as sidewalks along these
frontages.
OPUD -13
Staff Report
Page 5 of 6
Unified Treatment of the PUD Subject Area
A review of the applicant's Development Plan for "Smith's Farm" finds a wide- ranging
utilization of the project site. A large area of the tract will be utilized for residential
purposes, while the remaining areas are designated for office/research /industrial and
commercial development.
Existing farm ponds within the subject site are intended to be utilized as attractive areas to
enhance development and act as a buffer between single - family and multi- family areas, as
well as being a focal point at one end of the pedestrian trail through the landscaped buffer
area.
Neighboring Property Owner's Concerns
As of April 5, 1995, no comments opposing the Planned Unit Development request have
been received by this office.
STAFF RECOMMENDATION
Staff has reviewed the proposal by the applicant and feels it is a solid one. Because the
subject property is bounded on three of its four sides by existing roadways and /or streets,
objection from surrounding property owners is not likely. While industrial areas are
identified within the PUD, these areas are fully contained within their boundaries and do not
abut existing residential areas. The areas identified as light industrial are not likely to
develop as an auto body shop and metal shop, however, and are likely to be in the form of
high tech, computer type businesses. Nevertheless, safeguards have been taken by the
applicants to lessen any possible negative impact.
The applicants density requests are well within the requested underlying zoning, and it would
be staff's request that the Planning Commission and /or Council not permit this application to
be amended to increase these densities in the future. At the very minimum, requests in
densities in this area should be delayed until substantial improvements are made at the E.
96th Street North and Garnett intersection.
The use of the pedestrian trail within the buffer area, possibly to be utilized by both residents
and office workers, is also a well- thought addition to a mixed use development. Staff would,
however, request a detailed landscaping plan be reviewed and approved by the Planning
Commission prior to final plat approval and require its installation prior to any construction
in areas abutting residential designated areas.
OPUD -13
Staff Report
Page 6 of 6
Staff is recommending Owasso Planning Commission approval of OPUD -13 with the
following conditions:
(1) That the applicant's Development Text and Conceptual Development Plan be
considered to be the Outline Development Plan as required by the PUD Chapter of
the Owasso Zoning Code.
(2) That unless specifically set out in the standards and conditions of this PUD, single -
family detached lots shall meet all the necessary requirements of a typical RS -1
district.
(3) That a subdivision plat be approved by the Owasso City Council and filed with the
County Clerk's Office prior to the issuance of a building permit. Said covenants shall
incorporate all PUD standards and conditions of approval and make the City of
Owasso beneficiary.
(4) All conditions imposed by the Owasso Technical Advisory Committee for subdivision
plat approval be met as conditions of the PUD.
(5) A detailed drainage report be submitted by the applicant.
(6) That within the PUD, the maximum number of dwelling units shall not exceed 170
units.
(7) Sidewalks shall be provided along all streets within the PUD subject site, as well as
E. 96th Street North and Garnett Road.
(8) That all landscaping plans for the buffer areas shall be reviewed and approved by the
Owasso Planning Commission and installed prior to the construction of any area
abutting the residential portion of the PUD.
AITACHM ENTS/ENCLOSURES
1. Copy of letter sent to property owners within 300 feet of the request.
2. Copy of legal ad from the Owasso Reporter.
3. PUD text and maps.
207 South Cedar
PO Box 180
Owasso, OK 74055
City of Owasso
NOTICE TO PROPERTY OWNER
OPUD -13
(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 7:00
PM on the 11th day of April, 1995. At that time and place, the Owasso Planning
Commission will consider a request from Pittman, Poe & Associates, applicants, for a
proposed change of the zoning classification from an AG (Agriculture) District to PUD
(Planned Unit Development), which would allow for the development of residential,
commercial shopping, office, research and light industrial land uses. The subject property is
described as follows:
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 US
GOVERNMENT SURVEY THEREOF LYING NORTH AND WEST OF THE
WESTERLY RIGHT-OF-WAY OF US HIGHWAY 169 MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER
OF SAID NW/4, THENCE N 01°12'26 "W ALONG THE WEST LINE OF SAID NW/4
FOR 2638.46 FEET TO THE NORTHWEST CORNER THEREOF, THENCE N
88°44'59 "E ALONG THE NORTH LINE OF SAID NW/4 FOR 2651.53 FEET TO THE
NORTHEAST CORNER THEREOF, THENCE S 01°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 US
HIGHWAY 169, THENCE S 48°54'01 "W ALONG SAID RIGHT-OF-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 US
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 NEA 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 04°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 01°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 CORNER 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.
The general location of the property is SOUTH AND EAST OF E. 96TH STREET
NORTH AND GARNETT ROAD.
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 Community
Development Director, 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
Community Development Director, 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 21st day of March, 1995.
Sincerely,
Timothy D. Rooney
Community Development Director
SUBJECT SITE
OPUD-13
Affidavit of publication
STATE OF OKLAHOMA, TULSA COUNTY, as:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
OWASSO REPORTER a weekly
newspaper printed in the city of OWASSO
Tulsa County, Oklahoma, a newspnper qualified to
publish legal notices, advertisements and publications
as provided in Section 106 of Title 25, Oklahoma
Statutes 1971 and 1983 as amended, and thereafter,
and complies with all other requirements of the laws
of Oklahoma with refLi ence to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publication
and not in a supplement, on the following dates:
MARCH 23, 1995
Subscribed and sworn to before me this 23rd
day of MARCH 4 L ,199 5
Notary Public
My Commission expires:
3-20-97
PUBLISHER'S FEE $129.63
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
March 23, 1995.
EXHIBIT "A"
NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMEND-
MENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO,
OKLAHOMA
APPLICATION: OWASSO PLANNED UNIT DEVELOPMENT THIRTEEN
(OPUD-13)
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 7.W P.M. on the 11th day of April, 1995.
At that time and place, consideration will be given to the proposed
change of the zoning classification of the following described properly:
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 Coun.
ty, Sate of Oklahoma awarding to the US Government Survey thereof
lying north and west of the westerly right-of -way of US Highway 169
more particularly described as follows, to-wib Beginning at the South.
to the nonhwast corner thereof, thence
line of said NW/4 for 2651.53 feet to 9
said NW/4 and the wosterly right-of-way of said US Highway 169,
thence S 48°54'01'W along said right-of-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 fast
to a point on the south line of said NW/4, thence S 88.41'16'W along
said south line for 905.08 feet to the point of beoinnina.
AND
All that pan of the northeast quarter of the nonhwast 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 US Government Survey thereof
lying nosh and west of the westerly right-of-way of Highway 169 and
more particularly described as follows, lo-wit: Beginning al the point of
intersection of said westery 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 04°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 01°12'51 W along said west line of said N04 of the
NW 14 of the SW/4 for 352.60 feet to the nonhwast corner thereof,
thence N 88°41'16"E along the north line thereof for 242.88 feet to the
point of beginning containing 126.905 aces micro or less.
The geneal location of the property Is SOUTH AND EAST OF E. 96TH
STREET NORTH AND GARNETT ROAD.
To be considered a rezoning tram an AG (Agriculture) District to OPUD-
13. The Panned Unit Development, II approved, would allow for the devei-
conent of a 126.805 acre mixed -use tract, Including residential, commercial
shopping, office, research and light industrial land uses.
All persons Interested in this mailer may be present at the hearing and
present their objections to or arguments for any or all of the above matters.
In the event that such proposed rezoning is approved, in whole or in part,
by the Owasso Planning Commission, said Planning Commission shall sub -
mh us recommendation to the City Council of the Cay of Owasso for its con-
sideration and action, as provided bylaw.
The City Council's review of the recommendation of the Planning Corn
mission on the proposed rezoning shall bs at a meeting tune and place to be
determined by the Council, said information to be available from the Owasso
City Planner.
A mart showing the proposed rezoning accompardes this notice. For more
Information on the proposed rezoning comas the Community Development
Director, City Hall 207 S. Codas, Owasso, Oklahoma 74055, or phone (918)
2722251.
Dared at Owasso, Oklahoma, this 2eth day of March, 1995.
Timothy 0. Rooney
Community Development Dir
DEVELOPMENT CONCEPT
The Smith's Farm Community Development is a proposed mixed -use Planned Unit
Development (PUD) located in the north central portion of the City of Owasso, south of
96th Street North, between Garnett Road /Old Highway 169 and U.S. Highway 169. This
±126.805 acre development is situated on relatively flat to moderately rolling terrain that
features tree lined creeks and scattered farm ponds. The site has excellent development
possibilities.
The proposed PUD that is currently being considered for approval consists of residential,
commercial shopping, office, research, and light industrial land uses. In determining which
areas lend themselves to specific land uses, sensitivity to topography, vegetation, surrounding
land uses and other critical factors are of primary importance. Careful planning and
execution of the development will help fulfill the present and future needs of the
community.
Through the utilization of innovative planning techniques, the need for different land uses
can be met while minimizing the effect and impact on the unique natural features that exist
on the land today. The Smith's Farm PUD is to be developed in such a way that the less
intense land uses will be buffered from the more intense land uses by means of landscape
buffers and /or through a hierarchy of more intense to less intense land uses. The
architectural design of buildings will create individuality within a development area while
simultaneously maintaining the overall unity of this community.
The Conceptual Development Plan indicates several distinct areas of varying intensity of
land use. The most intense land uses, commercial, office, research and light industrial are
to be located on those tracts of land that front onto the collector road that meanders
through the southern portion of the property. The majority of these tracts have frontage
along U.S. Highway 169, Garnett Road, or 96th Street North which will allow for excellent
-1-
visual and /or vehicular access. The two residential tracts are to be located in the northwest
portion of the site, buffered from the more intense land uses to the south by a 75 foot wide
landscape easement. This easement is a very important aspect of the development and will
be landscaped with berms, trees and various plant, materials to aid in the screening of the
land uses to the south and east.
In a development of this caliber and size, flexibility of design and densities is a very
important consideration. In the next five to ten years, as this project is being developed,
market trends will most likely be changing in one form or another. It is felt that utilizing
a PUD will allow the adaptability that is needed to change with the times. What is popular
and viable in today's market, whether it be housing types, lot sizes, etc. may not be feasible
in a market five years from now. The PUD will help guard against market inconsistencies
by allowing for the transfer of densities and flexibility within the project for all land uses.
-2-
STATISTICAL SUMMARY
Project Area
± 126.805 gross acres
± 120.705 net acres
Total Maximum Allowable Dwelling Units
170 dwelling units
Development Areas:
• Residential Single - Family Detached (RS -1)
- Total Area
±46.72 gross acres
- Total Number of Dwelling Units (2.14 DU /ac.)
100 dwelling units
• Residential Multi- Family Detached (RM -1)
- Total Area
±70 gross acres
- Total Number of Dwelling Units (10 DU /ac.)
70 dwelling units
• Office (OL)
- Total Area
±5.82 gross acres
- Total Floor Area
63,380 square feet
- Floor Area Ratio
.25
• Commercial Shopping (CS)
- Total Area
±32.97 gross acres
- Total Floor Area
718,087 square feet
- Floor Area Ratio
.5
• Light Industrial (IL)
- Total Area
±33.62 gross acres
- Total Floor Area
732,243 square feet
- Floor Area Ratio
.5
Notes:
1. Actual floor area to be determined by parking, building setback and landscaping
requirements. Floor areas will not exceed those listed above.
2. Development areas are based on the proposed underlying zoning pattern and not the
Conceptual Development Plan.
-3-
Legend:
Cable T.V. — TO Cable
Electric Une — Public Service Company of OMahoma
Natural Gas Line — OMahorna Natural Gas
Sanitary Sewer
Telephone Line — Southwestern Bell Telephone
Water Line
Existing Trees
Existing Conditions & Utifitles
Legend:
Elev. 710'- 720'
Elev. 700' - 710'
Elev. 690' - 700'
Elev. 680' - 690'
Elev. 670' - 680'
Elev. 660' - 670'
Topography Ana(ysis
Legend:
5 - 10% Slope
0 - 20% Sbpe
20 - 30% Slope
Slope Analysis
as = s
Legend:
000 >Drainageways
Ridgelines
Hydrology Analysis
soils analysis
Surrounding Zoning
DEVELOPMENTSTANDARDS
SINGLE - FAMILY DETACHED DWELLINGS:
Single - family detached structures intended for individual lot ownership.
- Permitted Uses
- Minimum Lot Size
- Maximum Building Height
- Minimum Yard if Abutting
Public /Private Street
- Corner Lot Minimum Side Yard
Abutting Public /Private Street
- Minimum Lot Frontage*
- Minimum Lot Depth
- Minimum Rear Yard
- Minimum Side Yards
As permitted within RS -1 Dist.
by right or special exception
12,000 sq.ft.
35 feet
35 feet
25 feet
100 feet (at building line)
120 feet
30 feet
10 /10 feet
Other Requirements
It is intended that a preliminary and final plat will be submitted that are consistent with the
concepts and development standards set forth above. Additional requirements or
modifications may be established by the Owasso Planning Commission and the Owasso City
Council pursuant to their review.
* On cul -de -sac, pie- shaped lots may have a less than minimum frontage measured at
building lines.
-10-
DEVELOPMENTSTANDARDS
SINGLE - FAMILY ATTACHED DWELLINGS:
Single - family attached structures intended to provide housing, rental or ownership, which
may include retirement villas, townhomes, etc.
- Minimum Lot Size (for individual lot ownership) 2,200 sq.ft.
- Maximum Building Height
- Minimum Yard if Abutting
Public /Private Street
- Minimum Lot Frontage*
- Minimum Lot Depth
- Maximum Building Coverage
- Minimum Rear Yard
- Minimum Side Yards of Buildings
- Minimum Separation between Buildings
- Maximum Number of Attached Units
2.5 stories
20 feet
20 feet (at building line)
100 feet
60%
20 feet
7.5 feet
15 feet
8 units
Other Requirements
It is intended that a preliminary and final plat will be submitted that are consistent with the
concepts and development standards set forth above. Additional requirements or
modifications may be established by the Owasso Planning Commission and the Owasso City
Council pursuant to their review.
* On cul -de -sac, pie- shaped lots may have a less than minimum frontage measured at
building lines.
** Landscaped Buffer: Minimum of 20 feet along adjacent arterial streets, with walls,
fences, berms, trees or other landscape materials, all of which help create a screening
effect.
-11-
DEVELOPMENTSTANDARDS
MULTI- FAMILY:
Development of multi - family units to provide housing, rental, or ownership in a
harmoniously designed project.
- Permitted Uses
- Minimum Lot Area
- Minimum Yard if Abutting Perimeter
Public /Private Street*
- Corner Lot Minimum Side Yard
Abutting Public /Private Street
- Minimum Lot Frontage
- Minimum Lot Depth
- Minimum Yard if Abutting
Interior Private Street
- Minimum Side Yard
- Minimum Rear Yard
- Maximum Units per Building
- Parking Ratio
As permitted within RM -1 Dist.
by right or special exception
1 acre
35 feet
25 feet
200 feet
150 feet
20 feet
10 feet
30 feet
16 units
1.5 sp. /1 bedroom unit
2.0 sp. /2 bedroom unit
Other Requirements
It is intended that detailed site plans will be submitted for each development area that are
consistent with the concepts and development standards set forth above. Additional
requirements or modifications may be established by the Owasso Planning Commission and
the Owasso City Council pursuant to their review of the detailed site plan of each
development area.
* Landscaped Buffer: Minimum of 20 feet along adjacent arterial streets, with walls,
fences, berms, trees or other landscape materials, all of which help create a screening
effect.
-12-
DEVELOPMENTSTANDARDS
OFFICE:
- Permitted Uses
- Maximum Building Height
- Minimum Internal Landscaped
Open Space* (Lot)
- Minimum Building Setbacks:
From Abutting Public /Private Street
From Abutting Residential Dev. Area
Side Yards
Rear Yards
- Minimum Parking Ratio
As permitted within OL Dist.
by right or special exception
4 stories
10% of net area
50 feet
10 feet **
15 feet
50 feet
One space per 300 sq.ft.
of floor area
* Required internal landscaped open space shall include perimeter landscaping within
the development area boundaries, parking islands and plazas, but shall exclude
walkways which solely provide minimum pedestrian circulation.
** Plus two feet of setback for each one foot of building height exceeding 15 feet if
abutting property is within RE, RS or RD District.
Sign Standards
All signs will conform to Section 840.2(b) of the Zoning Code for the City of Owasso.
Lighting
Flood lighting will be used from a decorative standard in parking areas. Up lighting will be
used on buildings, signs, and various landscape elements. Low lighting will be used in some
landscape areas, court yards, plazas, steps, and walkways.
Other Requirements
It is intended that detailed site plans will be submitted for each development area, that are
consistent with the concepts and Development Standards set forth above. Additional
requirements or modifications may be established by the Owasso Planning Commission
pursuant to its review of the detailed site plan of each development area.
-13-
DEVELOPMENTSTANDARDS
COMMERCIAL SHOPPING:
- Permitted Uses
- Maximum Building Height
- Minimum Internal Landscaped
Open Space* (per lot)
- Minimum Building Setbacks:
From Abutting Public /Private Street
From Abutting Residential Dev. Area
Side Yards
Rear Yards
- Minimum Parking Ratio
As permitted within CS Dist.
by right or special exception
35 feet /2 stories
10% of net area
50 feet
10 feet **
15 feet
50 feet
One space per 200 sq.ft.
of floor area
Required internal landscaped open space shall include perimeter landscaping within
the development area boundaries, parking islands and plazas, but shall exclude
walkways which solely provide minimum pedestrian circulation.
** Plus two feet of setback for each one foot building height exceeding 15 feet if the
abutting property is within an RE, RS or RD District.
Sign Standards
All signs will conform to Section 840.2(b) of the Zoning Code for the City of Owasso.
Li htin
Flood lighting will be used from a decorative standard in parking areas. Up lighting will be
used on buildings, signs, and various landscape elements. Low lighting will be used in some
landscape areas, court yard plazas, steps, and walkways.
Other Requirements
It is intended that detailed site plans will be submitted for each development area, that are
consistent with the concepts and Development Standards set forth above. Additional
requirements or modifications may be established by the Owasso Planning Commission
pursuant to its review of the detailed site plan of each development area
-14-
DEVELOPMENTSTANDARDS
LIGHT INDUSTRIAL /RESEARCH:
- Permitted Uses
- Maximum Building Height
- Minimum Internal Landscaped
Open Space* (Lot)
- Minimum Building Setbacks:
From Abutting Public /Private Street
From Abutting Non - Arterial Street
From Abutting Residential Dev. Area
Side Yards
Rear Yards
- Perimeter Setbacks
As permitted within IL Dist.
by right or special exception
50 feet
10% of net area
50 feet
35 feet
75 feet
25 feet
25 feet
As required within IL Dist.
* Required internal landscaped open space shall include perimeter landscaping within
the development area boundaries, parking islands and plazas, but shall exclude
walkways which solely provide minimum pedestrian circulation.
Sign Standards
All signs will conform to Section 840.2(b) of the Zoning Code for the City of Owasso.
Other Requirements
It is intended that detailed site plans will be submitted for each development area, that are
consistent with the concepts and Development Standards set forth above. Additional
requirements or modifications may be established by the Owasso Planning Commission
pursuant to its review of the detailed site plan of each development area.
-15-
LANDSCAPING
The landscaping concept is intended to achieve unity throughout the Planned Unit
Development as well as provide an attractive view of the project from surrounding streets
and neighborhoods.
Prior to the issuance of an occupancy permit for a development area, plant materials and
any required screening fences shall be installed in conformity with a detailed landscape plan
which will have been submitted to and approved by the Owasso City Council.
-16-
PROPERTY OWNERS' ASSOCIATION
The Property Owners' Association to be established at the Smith's Farm Community
Development will have as its main objectives the maintenance of the landscaped entryways,
buffers and center islands. These areas are to be attractively landscaped with berms and
assorted plant materials by the developer, and turned over to the Smith's Farm Community
Development Property Owners' Association for maintenance. In the event the Association
fails to maintain these areas in a proper and safe manner, The City of Owasso will have
the right to maintain these areas and bill each member of the Smith's Farm Community
Development Property Owners' Association for that cost. Should payment by any member
not occur, the City of Owasso may place a lien on the delinquent member's personal
property within this platted area.
Final documents on the Property Owners' Association at Smith's Farm will be filed with the
final plat and will include the maintenance agreement and other specific rights and
requirements for association members.
-17-
UNIT TRANSFER
If, upon the approval of the site plan of any development tract, the allocated density has not
been reached, the remaining dwelling units and /or square footage may be transferred to
another development area within the Planned Unit Development, but not to exceed the total
project density that has been established by the Conceptual Development Plan.
This degree of flexibility will not only allow the developer the opportunity to determine the
land value but, will also provide the community with the necessary density information
needed to plan for tax projections and needed community facilities such as school, hospital,
police and fire protection, etc.
SITE PLAN REVIEW
No building permit shall be issued for the construction of buildings within a development
area until a detailed site plan of the development area has been submitted to, and approved
by, the Owasso Planning Commission and Owasso City Council as being in compliance with
the Development Concept and the Development Standards. Separate building plans may
be submitted for individual home construction after the subdivision has been given final
approval by the Owasso City Council.
-19-
PLATTING REQUIREMENT
No building permit shall be issued until the property has been included within a subdivision
plat submitted to, and approved by, the Owasso Planning Commission and the Owasso City
Council and duly filed of record, provided however, that development areas may be platted
separately. Restrictive covenants shall be established implementing of record the
Development Concept and Development Standards, and the City of Owasso shall be made .
a beneficiary thereof.
-20-
EXPECTED SCHEDULE OF DEVELOPMENT
Development of the Smith's Farm Community Development is anticipated to commence
upon approval and filing of final plat, and letting of development contracts.
-21-
CITY OF OWASSO
Planning Department
OZ -95 -02
Staff Report
Timothy D. Rooney - Community Development Director
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 and office development, including a landscaped buffer.
LOCATION AND SIZE: The property is located directly north of Three lakes III addition,
east of Highway 169, west of Smith Elementary School. The complete legal description of
the property is attached for your information and review. The subject property contains
18.399 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
Highway 169, on the south by the Three Lakes III Addition zoned RS -3 (Residential Single
Family High Density) and on the east by the Smith Elementary School.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this area as being
appropriate for Low Intensity Residential (Single - Family Housing). However, it is important
to note that the Comprehensive Plan may be outdated in this area. When the comprehensive
plan was created in 1978, and updated in 1985, it was felt that the east service road north of
the Three Lakes III entrance would not be extended. However, staff and city policy has
changed since 1985, and any development in this area Leguires the extension of the Highway
169 service road. With a service road extended along this frontage, the property becomes
more in tune with for commercial development and 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 -02
Page 2 of 3
ANALYSIS
The proposed rezoning, if approved, would create an 18.399 acre area of commercial/office
zoned property for the applicant. The subject property is located just west of the Smith
Elementary school and north of Three Lakes III 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. The
subject property was recently annexed into the City of Owasso, but also was previously
zoned AG when under Tulsa County's jurisdiction.
As stated previously, the Owasso Comprehensive Plan, while identifying this area as being
appropriate for Low Intensity Residential (Single - Family Housing) may be considered to be
outdated when applied to the existing physical facts of the area surrounding the subject tract.
Over 60% of all property along the east service road from E. 76th Street North through E.
86th Street North is zoned for CG or IL, a more intense use. Existing zoning patterns, as
well as the commercial corridor along Highway 169, supports the applicants rezoning
request.
The Commercial General zoning requested by the applicant would allow for a myriad of
commercial retail uses. A list of uses permitted under CG zoning is attached for your
review. Sexually - oriented businesses would not be permitted to develop in this area due to its
proximity to a school and residential area.
Within the applicants text submitted with their application, some very important points were
addressed. Once again, as staff pointed out in the applicant's first rezoning request
processed in March, the inclusion of a buffer of OM (Office Medium) is very important
regarding staff's recommendation for approval. 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 throughout 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 and school 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
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.
Staff Report
OZ -95 -02
Page 3 of 3
Letters were sent to surrounding property owners within 300' of the subject property and
notification was published in the Owasso Reporter on.March 23, 1995. The subject property
was also posted the week of March 20th. To date, staff has received only one inquiry
regarding the rezoning request and was referred to the applicants for additional information.
RECOMMENDATION
Staff feels a rezoning and use of this property in a commercial and office manner would be
consistent with the existing zoning patterns along the Owasso Expressway service roads and
would be adequately buffered from the residential development and school property. Staff
recommends approval of the rezoning request from AG to CG and OM.
ATTACHMENTS
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.
THREE LAKES III
PLAT OF SURVEY
SUBJECT SITE
OZ-95-02
N
APPENDIX
SUMMARY
USE UNITS - ZONING
iW
DISTRICT
USE UNITS
Chapter 10
ZONING DISTRICTS
1. AREA -WIDE USES BY RIGHT
2. AREA -WIDE EXCEPTION USES
3. AGRICULTURE
4. PROTECTION AND UTILITY
5. SERVICES CULTURE & RECREATION
6. SINGLE - FAMILY DWELLING
7. DUPLEX DWELLING
8. MULTIFAMILY
DWELLING
9. MOBILE HOME DWELLING
10. OFF- STREET PARKING
11. OFFICES AND STUDIOS
12. EATING PLACES
13. CONVENIENCE GOODS & SERVICES
14. SHOPPING GOODS & SERVICES
15. OTHER TRADES & SERVICES
16 GASOLINE SERVICE STATIONS
7 AUTOMOTIVE & ALLIED ACTIVITIE
8. DRIVE -IN RESTAURANTS
19. HOTEL MOTEL AND RECREATION
20. COMMERCIAL RECREATION: IN-
TENSIVE
2. SIGNS
& OUTDOOR ADVERTISING
22. WAREHOUSING AND WHOLESALING
23. MINING AND MINERAL PROCESSING
24. LIGHT MANUFACTURING & RESEARC
AND DEVELOPMENT
25. MODERATE MANUFACTURING
26. HEAVY MANUFACTURING
X = use by right.
E = use by exception.
* = uses permitted are
subject to review of a site plan by the Planning Commission.
AhA.davit Of Publication
STATE OF OKLAHOMA, TULSA COUNTY, es:
Bill R. Retherford, of lawful age, being duly sworn
and authorized, says that he is the publisher of the
OWASSO REPORTER a weekly
newspaper printed in the city of
OWASSO
Tulsa County, Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications
as provided in Section 1176 of Title 25, Oklahoma
Statutes 1971 and 1983 as amended, and thereafter,
and complies with all other requirements of the laws
of Oklahoma With reference to legal publications.
That said notice, a true copy of which is attached
hereto, was published in the regular edition of said
newspaper during the period and time of publicntion
and not in a supplement, on the following dates:
MARCH 23, 1935
Subscribed and sworn to before me this 23rd
day of March 199 5
5w1 a4&
Notary Public
My Commission expires: 3 -20 -97
PUBLISHER'S FEE $ 113.58
Published In the Owasso Reporter, Owasso, Tulsa County, Oklahoma,
March 23. 1995.
NOTICE TO THE PU13UC OF A HEARING ON A PROPOSED AMEND-
MENT TO THE ZONING GRUINANCE OF THE CITY OF OWASSO,
Or.LAHOMA
APPLICATION: OZ -9542
Notice Is hereby given that a public hearing will be held before the Owas-
so Planning Commission, In the Owasso Community Center, Owasso, We.
home, at 71X1 P.M. on the 11th day of April, 1995.
Al that time and place, consideration will be given to the proposed
change el the zoning classification of the following descrired property:
The general location of the properly is north of the Three Lakas Addition,
west of Smith Elementary School.
To be considered is a rezoning from AG (Agriculture General District) to
CG (Commercial Genarap and ON (Office Medium).
All persons inlerestetl M this matter may be present at the hearing and
present
their objections to or arguments for any or an of the above masers.
In the event that such proposed rezoning Is approved, In whole or In pan,
by the Owasso Planning Commission, said Planning Commission shag sub -
ITO Us recommendation to the Chy Council of the City of Owasso for Us mn-
sideralion and action, as provided by law.
The City Councll's review of the recommendation of the Planning Com.
miWon on the proposed rezoning shall be at a meeting time and dam to be
determined by the Council. said Inlormadon to W available from the Owasso
Community Development Director.
A map showing the proposed rezoning accompanies this not". For more
Information on the proposed rezoning contact the Owasso Community
Development Department. City Hall, 207 S- Cedar, Owasso, Oklahoma
74055, a phone (918) 272 -2251.
Dated a1 Owasso, Oklahoma, this 2eth day of March, 1995.
Timothy D. Rooney
Community Development Director
207 South Cedar
PO Box 180
Owasso, OK 74055
City of Owasso
NOTICE TO PROPERTY OWNER
OZ -95 -02
(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 7:00
PM on the 11th day of April, 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:
ALL THAT PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
(SE/4 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 US GOVERNMENT SURVEY THEREOF, LYING SOUTH AND
EAST OF THE PRESENT US HIGHWAY 169 RIGHT-OF-WAY AND LYING NORTH
OF THREE LAKES III, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT; BEGINNING
AT THE POINT OF INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF SAID
HIGHWAY 169 AND THE EAST LINE OF SAID SEA OF NW/4 A DISTANCE OF
1454.19 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER (NW/4) OF SAID SECTION 20, THENCE S 0°02'21" E AND ALONG SAID
EAST LINE FOR 1181.41 FEET TO THE SOUTHEAST CORNER OF SAID SE/4 OF
THE NW/4, SAID POINT ALSO BEING THE NORTHEAST CORNER OF BLOCK
FOUR (4) OF SAID THREE LAKES III, THENCE S 89 DEGREES 57'43" W ALONG
THE SOUTH LINE OF SAID SE14 OF THE NW/4, SAID LINE ALSO BEING THE
NORTHERLY LINE OF BLOCK FOUR (4) OF SAID THREE LAKES III FOR 1299.33
FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 169,
THENCE N 40 DEGREES 05'47" E FOR 0.00 FEET, THENCE NORTHEASTERLY
ALONG SAID EASTERLY RIGHT OF WAY LINE ON A CURVE TO THE RIGHT
HAVING A RADIUS OF 4880.51 FEET AND A CENTRAL ANGLE OF 10 DEGREES
04'41" FOR 958.46 FEET, THENCE N 50 DEGREES 10'28" FOR 901.64 FEET TO THE
POINT OF BEGINNING, CONTAINING 18.399 ACRES MORE OR LESS
The general location of the property is north of the Three Lakes III Addition, west of Smith
Elementary School.
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 Community
Development Director, 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
Community Development Director, 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 21st day of March, 1995.
Sincerely,
Timothy D. Roo
Community Development Director
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, Manager
DATE: March 24, 1995
SUBJECT: Rezoning Request Briefing - Case OZ -95 -02
REZONING REQUEST:
Tyann Development, Inc. has applied to the Owasso Planning Commission and the Owasso City
Council requesting the rezoning of a vacant 18.399 acre tract of land generally located north of
the Three Lakes III subdivision and east of U.S. Highway 169 (Owasso Expressway). Abutting
the tract on the east is Smith Elementary School. The tract has approximately 1,760 feet of
frontage on the expressway.
ZONING REQUEST MAP
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. S
This request has been SMTTH
carefully researched and is SCHOOL
strictly based on the three most
common points typically r LANDSCAPED
considered when making zoning AREA
decisions. The three points are as OM
follows; (1) current comprehensive
development policies of the City '
of Owasso for the area in question, THREE LAKES Ul
(2) current physical conditions and use(s) of the tract and surrounding area, and (3) planning
principles and standards accepted by planning authorities at both the local and national levels
CONFORMANCE TO COMPREHENSIVE PLAN AND EXISTING ZONING PATTERNS:
The Owasso Comprehensive Plan 1978 -2000 - 1985 Update, shows the subject tract to be
designated as Low Intensity. Residential (Single - Family). 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 -tern 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. However, more
recently the city s position has been that each development within the expressway corridor would
be required to extend the service road through their property until ultimately a service road would
be totally in place between 86th Street North and 96th Street North. Given this change in policy
restricting the use of the subject tract to residential uses would seem unreasonable. At the same
time, undeveloped land along the corridor is now due the same zoning consideration as has been
allowed in the corridor area between 76th Street North and 86th Street North. Our research for
Zoning Case #OZ -95 -01 indicated 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. This existing zoning patterns certainly supports the
General Commercial and Medium Intensity Office zoning classifications being requested.
It is Tyann Development's contention that the comprehensive plan developed in 1978 is outdated
as it pertains to the area in question and is no longer the correct guide to be used for evaluating
zoning requests. It is also our opinion that we have shown the request to be, (1) in conformance
with the city's comprehensive development policies for the area in question (2) and consistent
with existing zoning patterns previously granted by the Owasso Planning Commission and City
Council for undeveloped land adjacent to the expressway.
DEVELOPMENT CONCEPT:
In considering the matter of the proposed zoning request being consistent with prevailing planning
principles and standards, two factors should be addressed. First, the appropriateness of the
request in relation to the subject tract's location within the surrounding area and second, the
appropriateness of the on site development concept in relation to the adjacent existing land use
patterns.
Even though the city's long -term goal or policy is to require the extension of the service road, it
will be several years before that goal is completed in its entirety. Therefore, it is necessary for us
to consider the development of this tract based on a concept that is (1) compatible with the
surrounding land uses, (2) still marketable given the current access, and (3) at the same time be
consistent with the City's long -term development policies. It is Tyann's intent to develop a linear
CASTLE POINT
COMMERCIAL
PARK
commercial/trade /office park using the extended service road as a "transportation spine ". Until
the service road is completed it will serve as the primary access into and out of the area. But,
this development concept requires that you visualize the area to be a business park that initially
functions unto itself, then later becoming service road frontage (see Castle Point Commercial Park
map). Because of this dual development strategy it is necessary to consider uses that will utilize
the visibility, minimize the traffic, and still be marketable. Many of the typical commercial
shopping uses require both visibility and accessible because they function entirely off of significant
traffic flows. It is not Tyann's intent to force traffic into this area, that would be inappropriate
and unwise for the city and not marketable for Tyann. We are asking for consideration of a
commercial park that consists of a mixture of commercial, trade, wholesaling, and office uses.
These uses minimize the commercial traffic flows, but can take advantage of the visibility. These
uses are more consistent with those allowed by the Owasso Zoning Code in the General
Commercial (CG) District and it would be our argument that in this case CG zoning is more
appropriate and compatible with the area than Commercial Shopping (CS) District.
To address site lay -out questions we would submit a DEVELOPMENT CONCEPT
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 {6e
easements 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
Phase III
Castle Point
commeroial
Pads
school
Pond
and maintenance of the storm water reserve area by the lot owners; and (4) the individual Site
Plan Review conducted by the Owasso Planning Commission for each lot prior to development.
CONCLUSION:
In summary, it has been shown that; (1) over 60% of the land abutting the east service road of the
U.S. Eghway 169 expressway between 76th Street North and 86th Street North is zoned either
General Commercial or Light Industrial, (2) General Commercial uses exist along the expressway
between 86th Street North and 96th Street North, (3) as development occurs the service road will
be put into place to provide adequate traffic support, (4) commercial uses with an office buffer
are the most appropriate uses for the area in question, as confirmed by Owasso Planning
Commission and City Council actions taken on an 8 acre tract of land south of the subject tract,
and (5) Tyann Development will provide all appropriate site development precautions to buffer
adjacent school and residential uses.
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: OLS -95 -02
CITY OF OWASSO ECONOMIC DEVELOPMENT AUTHORITY
DATE: April 6, 1995
BACKGROUND
The City of Owasso is requesting approval of a lot split for property located south of Precision
Components (formerly occupied by Max Buchanan) and the Owasso Recycle Center. The area
contained within the lot split request totals 3 acres, thus two 1.5 acre lots would be created. A
subject map for the lot split request is attached for your information and review.
Owasso was recently approached for a industrial business site in that area for a relocating
company which makes plastic lids for polycarts. The current property's size is quite large and
the lots split would create two sites of 1.5 acres for development, the western most being
occupied by the polycart facility.
The subject property is currently zoned AG (Agriculture) and would have to be rezoned prior
to any utilization of the property in an industrial manner. Also, a site plan will need to be
reviewed by the Planning Commission.
The Technical Advisory Committee reviewed the lot split request at their March 29, 1995
meeting. The only comment by staff and utility companies at that meeting was the need for a
17.5 foot utility easement around the perimeter of both lots to be created.
Again, if this lot split is approved, two separate lots would be created totalling 1.5 acres.
RECOMMENDATION
Staff recommends approval of OLS- 95 -02.
ENCLOSURE
1. A subject map.
2. A copy of the legal descriptions for the lot split.
PROPOSED SITE
PLAN
FUTURE FUTURE
BUSINESS BUSINESS
SITE SITE I
LOADING
AREA
LEGAL DESCRIPTION OF WEST TRACT
A TRACT OF LAND THAT IS PART OF THE W/2 OF THE NE/4 OF SECTION-31,
T-21-N, R-14-E, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
STARTING AT THE SOUTHEAST CORNER OF THE W/2 OF THE NE/4 OF SAID
SECTION-31; THENCE DUE NORTH ALONG THE EASTERLY LINE OF SAID W/2 OF
THE NE/4 FOR 894.32'; THENCE N 89°41'55" W FOR 246.75' TO THE
"POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE CONTINUING
N 89°41'55" W FOR 196.751; THENCE DUE SOUTH FOR 332.10'; THENCE
S'89°41'55" E FOR 196.751; THENCE DUE NORTH AND PARALLEL WITH THE
EASTERLY LINE OF SAID W/2 OF THE NE/4 FOR 332.10' TO THE "POINT OF
BEGINNING OF SAID TRACT OF LAND.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 1.5000 ACRES.
B854A(57) 2114.31
MAR. -23' 95 (THU) 16: 13 SACK & ASSOC., INC. TEL:918 592 4111 P.003
LEGAL DESCRIPTION OF EAST TRACT
A TRACT OF LAND THAT IS PART OF THE W/2 OF THE NE/4 OF SECTION-31,
T-21-N, R-14-E, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT:
STARTING AT THE SOUTHEAST CORNER OF THE W/2 OF THE NE/4 OF SAID
SECTION-31; THENCE DUE NORTH ALONG THE EASTERLY LINE OF SAID W/2 OF
THE NE/4 FOR 894.321; THENCE N 89°41155" W FOR 50.00' TO THE "POINT
OF BEGINNING" OF SAID TRACT OF LAND; THENCE CONTINUING
N 89°41'55" W FOR 196.75'; THENCE DUE SOUTH FOR 332.10'; THENCE
S 89°41'55" E FOR 196.751; THENCE DUE NORTH AND PARALLEL WITH THE
EASTERLY LINE OF SAID W/2 OF THE NE/4 FOR 332.10' TO THE "POINT OF
BEGINNING" OF SAID TRACT OF LAND.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 1.5000 ACRES.
B854A (57) 2114.31
03 /23 /95:RM:SKY
PC :LEGALS \CTY- OWAS.2LG
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: PRELIMINARY PLAT - CASTLE POINT COMMERCIAL PARK
DATE: April 6, 1995
BACKGROUND
A request for a review of the preliminary plat for Castle Point Commercial Park has been
submitted to the City of Owasso by Tyann Development. Castle Point Commercial Park is an
8.86 acre tract located immediately north of Walmart, east of Highway 169 and was recently
annexed and zoned CG and OM.
The Technical Advisory Committee reviewed the preliminary plat on March 29, 1995. A copy
of a list of all staff comments regarding Castle Point were presented and are attached for your
information and review. In addition to staff comments, utility companies had the following
comments:
1. ONG would like to service Lots 1,2, & 3 from Three Lakes. Covenants to
reflect that service lines can cross the D /E.
2. PSO requested a provision for an overhead pole line along the southerly
property line.
3. Extend a 17.5 utility easement along the rear of Lot 6 to connect to other
17.5 utility easement.
All comments presented by staff and utility companies have been addressed at this time. Please
be advised that when the rezoning of this property was presented to the City Council for action,
several agreements were made between Tyann Development and the Council regarding the
content of the covenants. The Council specifically requested to have the ability to enforce the
covenants of the addition, should the developer and /or its successor not enforce them. This has
been added to the covenants.
Once again, this is a preliminary plat and will be reviewed by the Planning Commission for final
plat approval at a later date if the preliminary is approved. Construction plans are not required
at this time frame but must be submitted with any final plat application.
RECOMMENDATION
Staff would recommends approval of the preliminary plat for Castle Point Commercial Park.
ENCLOSURES
Staff comments for TAC meeting.
Preliminary plat and covenants for Castle Point Commercial Park.
MEMORANDUM
TO: THE OWASSO TECHNICAL ADVISORY COMMITTEE
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: STAFF COMMENTS FOR MARCH 29, 1995 TAC MEETING
DATE: February 29, 1995
Below are a list of comments from both the Planning and Engineering Staff regarding the
March 29, 1995 TAC items.
SITE PLAN REVIEW - CHURCH OF THE NAZARENE
1. No Comments
ANNEXATION REQUEST - A & W DEVELOPMENT
1. No Comments
OLS -95 -02 - CITY OF OWASSO
1. A 17.5' utility easement will be added to the rear of the two lots to be created, as well
as an 11' utility easement along both shared property lines. A front utility easement of
25' will also be added.
PRELIMINARY PLAT - CASTLE POINT COMMERCIAL PARK
1. Acceleration /Deceleration lanes will be required along the frontage of the service road.
2. Perhaps a rear building line of 40 feet should be included per the recently processed
zoning case.
3. Will there be any requirements in the covenants as to what the landscaped buffer is going
to include, i.e. type of trees, shrubs, etc. Also, who will install the materials in this
area ... the developer or the lot owner.
4. Are the covenants going to include a limitation on certain types of uses?
5. Include the following city landscape covenant:
No lot owner shall plant any trees or shrubbery in dedicated utility easements
of right -of -way which would potentially endanger, threaten, or harm any
utilities located within said easements or rights -of -way.
If it is determined that any trees or shrubbery located within said easements
or rights -of -way are damaging or endangering utilities in said easements or
rights -of -way, the city shall have the right to remove said trees or shrubbery
upon five (5) days notice thereof at the lot owner's expense, or within such
time the lot owner may remove same.
6. Easements shown in rear of lot may not cover the planned location of the sewer line.
(See Mr. Easterling)
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
FROM: TIMOTHY ROONEY
COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: FINAL PLATS FOR SOUTHERN LINKS
THE VILLAGE AT SOUTHERN LINKS
THE ESTATES AT SOUTHERN LINKS
THE SUMMIT AT SOUTHERN LINKS
DATE: April 6, 1995
The City of Owasso has received a request to review three final plats for Southern Links, an
addition to the City of Owasso. The Southern Links development is located south of E. 86th
Street North, and is best described as the residential development surrounding the southern
portion of the golf course. 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 portion of the PUD. The preliminary plat for Southern
Links was approved by the Planning Commission in December and contained a combined area
for all three final plats being reviewed at this time.
The final plat for Southern Links was reviewed by the Technical Advisory Committee at their
March 29, 1995 meeting. At that meeting, the developers and their engineer (CH2M hill) were
provided with a list containing all of the staff corrections regarding the plat. This list is attached
for your information and review. In addition to that list, several utility company representatives
as well as the Owasso Golf Authority also added easement requests and covenant comments
regarding the plats. The following are a list of comments from the Technical Advisory
Committee for all three final plats:
The Village at Southern Links
1. PSO requested provisions within the covenants to permit an overhead pole
line.
2. Fire hydrant locations will need to be verified.
The Estates at Southern Links
1. PSO requested provisions within the covenants to permit an overhead pole
line.
2. A 10' utility easement needs to be added within the front building line from
Lot 1 through Lot 23.
3. Fire hydrant locations will need to be verified.
The Summit at Southern Links
1. A 10' utility easement needs to be added within the building line along the
north side of the street and along each cul -de -sac.
2. Remove overhead provisions for East and South boundaries.
3. A 5' utility easement needs to be added along the west lot line of Lot 5,
Block 2.
4. A 5' utility easement needs to be added along the west lot line of Lot 6,
Block 2.
5. Area identified as reserve area where the golf cart path crosses the right -of-
way should be changed to a golf cart right -of -way.
6. Fire hydrant locations will need to be verified.
All comments presented by staff and utility companies have been addressed at this time.
As stated previously, the Golf Authority also had concerns regarding the covenants of all three
final plats. A letter is attached which identifies some of their concerns prior to the TAC
meeting. The developers have assured staff that all concerns by both parties have been
addressed at this time regarding the covenants.
Other items of note include the entrance into this addition off of E. 86th Street North will have
to contain a "bubble" area to include acceleration /deceleration lanes as well as a left turn lane
for traffic moving west on E. 86th Street. This was a requirement contained within the PUD
approval and has been explained to the developers. This requirement will be contained within
the construction plans.
It is also likely that the areas contained within The Summit at Southern Links will contain some
form of "private access" to this portion of the development. An agreement will have to be
obtained between the developers and city emergency and utility services as to the extent of which
this "private access" is utilized. Again, this agreement will likely be presented to the Planning
Commission at a later date for approval.
Construction plans are currently in the review stage in the Public Works department.
Construction plans for all three final plats will need to be approved by that department, as well
as permits issued for the water and sanitary sewer lines prior to any presentation to the Owasso
City Council.
Because all three final plats were presented and contained within one preliminary plat, staff has
approached the staff report on these items in a unified manner. Please be advised, however, that
each final plat is listed as a separate item on the Planning Commission agenda and will require
separate actions.
RECOMMENDATION
Having had all comments addressed by the developers and their engineers, staff is recommending
approval of the final plats for The Village, The Estates, and The Summit at Southern Links.
ATTACHMENTS
1. Staff comments for March 29, 1995 TAC meeting.
2. Letter from the Owasso Golf Authority regarding proposed covenants.
ENCLOSURE
1. Final plats and covenants for The Village, The Estates, and The Summit at Southern
Links.
FINAL PLAT - THE VILLAGE AT SOUTHERN LINKS
1. Acceleration /Deceleration lanes will be required along the E. 86th Street North frontage.
2. Addresses for the plat will be available on /before Monday, April 3rd.
3. Attached are covenants suggestions from the Golf Authority.
4. Easements provided between Lots 13 & 14 and Lots 15 & 16 of Block 1 are not shown
on the construction plans.
5. Easements provided between Lots 52 & 53, 44 & 45, and 39 & 40 of Block 1 are also
not shown on construction plans.
6. Water line in construction plans is shown outside of the rear 17.5 utility easement on Lot
36, Block 1. Additional width of the easement will be needed here.
7. Add city landscape covenant (see Castle Point Commercial Park item)
FINAL PLAT - THE ESTATES AT SOUTHERN LINKS
1. An easement is needed along the northeast property line of Lot 8, Block 1, and along the
southern property line of the same lot.
2. Easements between Lots 9 and 10 are not reflected on the construction plans.
3. Construction plans show an 11' utility easement along the north property line of Lots 15
and 21.
4. A 7.5' utility easement is needed along both sides of the property line shared by Lots 18
and 19.
5. Add landscape covenant.
6. Addresses will be available on /before Monday, April 3rd.
7. Suggested covenants are attached from the Golf Authority.
FINAL PLAT - THE SUMMIT AT SOUTHERN LINKS
1. An 11' utility easement is needed along the east boundary of Lot 18.
2. An 11' utility easement is needed along the south boundary of Lot 21.
3. Construction plans do not show the easements on Lots 3, 4, and 5.
4. Add landscape covenant.
5. Suggested covenants are attached from the Golf Authority.
BAILEY GOLF RANCH
RECOMMENDED
DEVELOPMENT COVENANTS
I. LIABILITY: Neither the association, the declarant, the owner, the golf course architect, nor
the agents, heirs, successors, assigns, guests or invitees of same, shall be. liable to any owner
of a lot or dwelling, or his family, tenants, guests, invitees, servants, agents, or employees for
any personal injury or property damage resulting from activity emanating from the Golf
Course, including, but not limited to, errant golf balls, golf cart traffic, applications, or
overspray of water, fertilizers, herbicides, or any other chemicals.
II. CART PATHS: Golf Cart Paths are for the exclusive use of electric golf carts provided by
Bailey Golf Ranch. Use of said paths for cycling, skating, roller blading, or any other activity
is prohibited.
III. REMOVAL OF TREES, TRASH, AND CARE OF LOTS DURING CONSTRUCTION
OF RESIDENCE.
A. All Owners and/or builders, during their respective construction of a residence, are
required to remove and haul from the Lot all tree stumps, trees, limbs, branches,
underbrush, and all other trash or rubbish cleared from the Lot for construction of the
residence, construction of other improvements, and landscaping.
B. All Owners, during their respective construction of a residence, are required to
continuously keep the Lot in a reasonably clean and organized condition. Papers,
rubbish, trash, scrap, and unusable building materials are to be kept picked up and
hauled from the`Lot: Other usable building materials are to be kept stacked and
organized in a reasonable manner upon the Lot.
IV. WALLS, FENCES, and HEDGES:
A. Planters. To protect views and maintain the character of the Subdivision, no planter or
hedge shall be more than six feet (6) high.
B. On lots abutting the Golf Course. Exterior fencing is permitted on property adjoining
Golf Course that is consistent and alike in material and design
BAILEY GOLF RANCH
PRIORITY DEVELOPMENT RECOM (ENDED COVENANTS
C. Interior Fences:
Page 2
Height: No interior fence or wall shall exceed six feet (6) in height. No
interior fence or wall shall be erected or maintained nearer than five feet (5') of
side yard and attached to house or nearer than twenty -five feet (25') of rear
property line and attached to house.
2. Materials: Interior fences or.walls shall be cedar or other weather resistant
wood, brick, stone, stucco or wrought iron, or chain link if the supporting posts
are of wood or masonry.
V. PROHIBITION OF OFFENSIVE ACTIVITIES: Without expanding the permitted uses of
the Lots, no activity, whether for profit or not, shall be conducted on any Lot which is not re-
lated to single family residential purposes. No noxious or offensive activity of any sort shall
be permitted nor shall anything be done on any Lot which may be or may become an
annoyance or a nuisance to the Subdivision. No exterior speaker, horn, whistle, bell, or other
sound device, except security and fire devices used exclusively for security and fire purposes,
shall be located, used, or placed on a Lot.: Activities expressly prohibited, include, without
limitation, (1) the performance of work on automobiles or other vehicles upon the Lot or in
driveways or streets abutting Lots, (2) the use or discharge of firearms, firecrackers, or other
fireworks within the Subdivision, (3) the storage of flammable liquids in excess of five
gallons, or (4) other activities which may be offensive by reason of odor, fumes, dust, smoke,
noise, vision, vibration, or pollution, or which are hazardous by reason of excessive danger,
fire, or explosion.
As indicated above, no Lot in the Subdivision shall be used for any commercial, educational,. .
manufacturing, business, or professional purpose nor for church purposes.
No Lot or other portion of the Subdivision shall be used or permitted for hunting or for the
discharge of any pistol, rifle, shotgun, or any other firearm, or any bow and arrow, or any
other device capable of killing or injuring persons.
VI. USE OF TEMPORARY STRUCTURES: No structure of a temporary character, whether
trailer, basement, tent, shack, garage, barn, or other out building shall be maintained or used
on any Lot at any time as a residence, or for any other purpose, either temporarily or
permanently.
BAILEY GOLF RANCH
PRIORITY DEVELOPMENT RECOMMENDED COVENANTS Page
B. Special Assessments For Failure To Properly Maintain A Lot. In the event that the
Owner of any Lot shall fail to maintain the premises and the improvements situated
thereon in a satisfactory manner, the Association shall have the right, through its
agents and employees, to enter upon said parcel and to repair, maintain and restore the
same and the exterior of the buildings and any other improvements erected thereon in
the manner contemplated by the above provisions. The cost of such exterior
maintenance shall thereupon be added to and become part of the annual assessments to
which such parcel is subject as aforesaid and shall likewise be a lien on such parcel,
which assessment may be collected.
X. SIGNS, ADVERTISEMENTS, BILLBOARDS: No sign, advertisement, billboard, or
advertising structure of any kind may be erected or maintained on any Lot in the Subdivision
without the prior approval of the Association, except one sign of not more than five square
feet advertising the sale or rent of said property, or signs used by the builder to advertise the
property during construction and sales period.
M. . MAXIMUM IIEIGIIT OF ANTENNA: No radio or television aerial wires, antenna or
satellite receiving dish shall be maintained on any portion of any Lot outside of the building
set -back lines of the Lot or forward of the front of the improvements thereon; nor shall any
antenna of any style (excluding satellite receiving dishes which are discussed below), be
permitted to extend more than ten feet (10) above the roof of the main residential structure on
said Lot. No satellite receiving dish may be erected or installed without the prior written
approval of the Association. No satellite receiving dish may be erected or installed that
extends more than six feet (6) above the natural grade, and every satellite receiving dish shall
be enclosed with a six foot (6') high fence or wall constructed so that the dish is not visible at
ground level from the Golf Course.
XH. WIND GENERATORS% No wind generators shall be installed without the prior writt en
approval of the Association.
XIII. SOLAR COLLECTORS: No solar collector shall be installed without the prior written
approval of the Association.
XTV. SWIMMING POOLS: No swimming pool may be erected, constructed, or installed on any
Lot without the prior written approval of the Association. Swimming pool drains shall be
piped into the storm sewer, or gutter in front of the Lot. Above - ground pools are expressly
prohibited. All pool service equipment shall be fenced and located in either (a) a side yard
between the front and rear boundaries of the dwelling, or (b) in the rear yard adjacent to the
dwelling; and shall not be visible from any residential street or alley or any. Lot adjoining the
Golf Course. No pool covering will extend above the water level of the pool.
BAILEY GOLF RANCH
PRIORITY DEVELOPMENT RECOMMENDED COVENANTS Page 5
XV. DRYING OF CLOTHES IN PUBLIC VIEW: The drying of clothes in public view is
prohibited, and the Owners or occupants of any Lots at the intersection of streets or adjacent
to parks, Golf Courses, or other facilities where the rear yard or portion of the Lot is visible to
the public, shall construct and maintain a drying yard or other suitable enclosure to screen
drying clothes from public view.
XVI. LANDSCAPING:
A. Owners of Golf Course Lots shall not grow, nor permit types of grasses or other
vegetation to grow which, in the opinion of the Association, is inimical to golf course
grasses or vegetation, in the portion of the Golf Course Lots adjacent to the Golf
Course. Such Owners may, however, with the prior written approval of the
Association, install barriers which will prevent the spread of otherwise prohibited -
grasses or vegetation into the.Golf Course, and following the installation of such
barriers, may grow such grasses or vegetation adjacent to the Golf Course.
B. No tree over 3 inches (3 ") in diameter may be cut unless under house pad or within
eight feet (8') of house eaves, or unless approved by the Association. No tree on Golf
Course property may be cut or trimmed. No mowing on Golf Course.
XVII. LANDING, STORAGE, and PARKING of AIRCRAFT: No helicopters, hovercraft, or
other aircraft shall land or be stored or parked within the Subdivision.
XVIII. GOLF COURSE: No Owner, nor the public at large, shall have any right, by virtue of
ownership of any Lot, whether or not contiguous to the Golf Course, of access, entry or other
use of the Golf Course or clubhouse, which are OPGA facilities. While Owners of Lots
contiguous to the Golf Course shall have the right to quiet enjoyment of their property, there
shall be no activity on any contiguous Lots that unreasonably disturbs play or the enjoyment
of the Golf Course by members and guests thereof, including, without limitation, undue noise,
unsightly trash and debris or any other noxious or offensive activity.
XIX. CARPORTS: No carports shall be erected or permitted to remain on any lot without express
prior written approval. Said approval will be denied unless the carport is shown to be an
integral part of the residence and carport is constructed with the same design, color, and
materials as the residence.
XX.AIR CONDITIONING REQUIREMENTS: No window- or wall-type air conditioning units
shall be permitted.
F. I Word5Wai1eyl Rec -Covn. doc