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HomeMy WebLinkAbout1995.07.11_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION July 11, 19915 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: July 11, 1995 TIME:7:00 PM PLACE:Owasso Community Center NOTICE FILED BY: Timothy Rooney TITLE: Community Development Director Filed in the office of the Owasso City Clerk at 9:00 AM on July 5, 1995. Timothy Roone , ommunity 9&elopment Director OWASSO PLANNING COMMISSION REGULAR MEETING Tuesday, July 11, 1995, 7:00 PM Owasso Community Center, 301 S. Cedar AGENDA 1. Call to Order 2. Roll Call 3. Consider Approval of the Minutes of June 13, 1995 Regular Meeting. PUBLIC HEARING 4. OZ -95 -06 - First Bank of Owasso - A request for a rezoning of property from RM -1 (Residential Multi - Family Low Density) to CG (Commercial General) on property located within the 8500 Block of North 123rd E. Avenue, immediately north of the Sequoyah Pointe Living Center.- OPUD -9 (A) - Dominion Corporation - A request for review of a Planned Unit Development amendment, said amendment to the underlying zoning of the PUD, changing a 6.94 acre portion from RS -3 (Residential Single - Family High Density) to RTH (Residential Townhomes). The subject property is located in the extreme southeast corner of the Bailey Golf Ranch. OLS -95 -03 -Blanche In lima -A request for a review of a proposed lot split application. The subject property is located at Lot 6, Block 1, Three Lakes Addition, further described as 11611 E. 84th Court North. Easement Closing - John J. Livingston - A request for a review of an easement closing request located within Lot 1, Block 19, Elm Creek Estates Addition. The subject property is located immediately south of Wildwood Apartments on E. 80th Street North. Final Plat - The Fairways at Bailey Ranch - Kourtis Properties - A request for a review of the final plat for The Fairways at Bailey Ranch. The subject property is located north of E. 86th Street North, east of the clubhouse facility and contains 80 lots on 29.68 acres, more or less. Owasso Planning Commission AGENDA July 11, 1995 9. Final Plat - Country Estates - A & W Development - A request for a review of the final plat for Country Estates. The subject property is located north and west of the northwest corner of E. 116th Street North and Garnett Road and contains 138 lots on 41.38 acres, more or less. 10. New Business. 11. Report on Planning Items Previously Forwarded to City Council. 12. Discussion of Development In and Near Owasso. 13. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Tuesday, June 13, 1995, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Charles Willey Gary Wells Dewey Brown Jerry Cole STAFF PRESENT Tim Rooney Marsha Hensley The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on Wednesday, June 7, 1995. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:15 p.m. and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF MAY 9, 1995 REGULAR MEETING - The Commission reviewed the minutes of May 9, 1995. Dewey Brown moved, seconded by Gary Wells to approve the minutes as written. A vote on the motion was recorded as follows: Dewey Brown - Yes Charles Willey - Yes Ray Haynes - Yes Gary Wells - Yes Jerry Cole - Yes The motion carried 5 -0. 4. OZ - 95 -03 -A & W Development - A request for a rezoning of property from Ag (Agriculture) to CS (Commercial Shopping Center); RM -1 (Residential Multi- Family Low Density); OL (Office Light); RD (Residential Duplex); RS -3 (Residential Single - Family High Density) RS -2 (Residential Single- Family Medium Density; RE (Residential Estates) which would allow for a mixed use development. The.subject property is located North of E. 76th Street N., South of E. 86th Street North, East of N. 129th East Avenue, and West of North 145th E. Ave. Owasso Planning Commission Minutes of June 13, 1995 Page 2 The Chair introduced the case and a presentation was given by Mr. Wayne Alberty, the planner for Kaiser- Francis Oil Company, applicant and owner. He discussed the shortage of apartments in Owasso and that they were all running at 100% occupancy. Approximately 100 surrounding property owners were present to protest the zoning change. The following list was compiled from comments made by citizens and Commission members: CITIZENS: 1. Traffic considerations such as widening 129th and 145th Street. Concerned with flooding it that location. - Sid Eckert 2. Declining house evaluations in anticipation of the apartments eventually becoming low income and lack of needed police force. - Jean Webb 3. Capped wells in the area. - Mark Base 4. Residential should stay residential. - Bill Massey 5. The effect of apartments that close to schools. - Randy Holmes 6. The apartments will look beautiful at first, but will go down fast, afraid promises of keeping property looking nice will not be kept. - Lynn Mansur 7. Golfview will have 223 units, we don't need two large apartment complexes that close together. - Linda Younger 8. The apartments will bring in more children and the schools are crowded now. - Joy Hughes 9. Graceland Acres resident worried about water problems. - Mary Williams 10. Apartments attracts crime, he sees it everyday. Would like to see it be zoned without apartments. - Randy Brock 11. Noise from trucks with commercial buildings in area. - Allen Moore 12. Update or change the apartment zoning. The cemetery on that land would need to be moved. - Susie Higbee -Olsen Owasso Planning Commission Minutes of June 13, 1995 Page 3 13. Owasso is a family oriented town and a crime free community, we should not have apartments in this area. - Mark Waller 14. The city should go west on their travel pattern it is getting entirely to crowded in that area. - Frank Hagyari 15. Would like to upgrade Tract H, does not want a convenience store put on that corner. - Wayne Wilson COMMENTS FROM THE PLANNING COMMISSION: 1. It is not fair to chastise apartment dwellers. We cannot classify a group of people by where they live. Population growth makes crime increase not apartments. - Jerry Cole 2. There is no need to have apartments across the street from a school. - Charles Willey 3. Bad people only don't live in apartments, this is not saying we don't need apartments. We have not seen a plat, we are just considering zoning at this time. - Gary Wells 4. We need a buffer between commercial property and housing. - Ray Haynes Jerry Cole moved to approve the zoning, seconded by Gary Wells. A vote on the motion was recorded as follows: Charles Willey - No Dewey Brown - No Gary Wells - No Ray Haynes- No Jerry Cole - Yes The motion was denied 1 -4. Chairperson Ray Haynes recessed the meeting at 8:45 p.m. and reconvened at 9:05 p.m. 5. Site Plan Review - Lee Rollins - A request for review of a site plan for Lee Rollins. The subject property is located on Lot 1, Block 1, Ram Plaza, further Owasso Planning Commission Minutes of June 13, 1995 Page 4 described as 12701 E. 86th Street North. The Chair introduced the case and the staff review was given by Mr. Rooney. Gary Wells moved to approve the site plan, seconded by Charles Willey. A vote on the motion was recorded as follows: Charles Willey - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes - Yes Jerry Cole - Yes The motion carried 5-0. 6. Plat Amendment - Central Park - A request for a review of the proposed plat amendment to Central Park. Said amendment would allow the covenants of the plat to be changed in order to allow for a setback of twenty feet in the rear yard. The Chair introduced the case and the staff review was given by Mr. Rooney. Jerry Cole moved to approve the request, seconded by Charles Willey. A vote on the motion was recorded as follows: Charles Willey - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes - Yes Jerry Cole - Yes The motion carried 5-0 7. Annexation Request - Owasso Public Schools - A request from Owasso Public Schools for annexations of an approximate 15,83 acre tract located West of El Rio Vista Addition and North of Bailey Ranch Golf Course on E. 96th Street North, described as a portion of the Southwest Quarter (SW/4) of Section 18, Owasso Planning Commission Minutes of June 13, 1995 Page 5 Township 21 North, Range 14 East of the Indian base and Meridian, Tulsa County, Oklahoma. The subject property contains Bailey Elementary School. The Chair introduced the case and the staff review was given by Mr. Rooney. Charles Willey moved to approve the annexation request, seconded by Dewey Brown subject to a letter sent to Dale Johnson at the Owasso School Board. A vote on the motion was recorded as follows: Charles Willey - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes - Yes Jerry Cole - No The motion carried 4-1. 8. New Business. None 9. Report on Planning Items Previously Forward to City Council 10. Discussion of Development In and Near Owasso. 11. Adjournment - Charles Willey moved, Dewey Brown seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Dewey Brown - Yes Charles Willey - Yes Ray Haynes - Yes Gary Wells - Yes Jerry Cole - Yes The motion carried 5-0 and the meeting was adjourned at 9:50 p.m. Owasso Planning Commission Minutes of June 13, 1995 Page 6 Chairperson Secretary Date NOTES FROM NEIGHBORHOOD MEETING ON JUNE 29, 1995 1) Do you, City employees and Council Members, feel that this zoning is good for Owasso? Not everybody likes to see change but the City Council has good information to make a decision. Just because it is good planning practice, does not mean it is best for the community. 2) Is Owasso growing beyond its capability (i.e. police, flood, sewer)? Yes, we have the same number of police officers as we had years ago, we are trying to change the sewer plant, we are trying to manage the growth. 3) How many multi- family structures are in the area? Wildwood Apartments, Brookwood, apartments off of Main Street, behind Kimbell's Hardware, Baptist Retirement, south of Kimbell's Hardware, property by the golf course and out toward German Corner. 4) Have you had the opportunity to look at other cities for this type of zoning? We have checked Edmond, Moore, Broken Arrow, Dallas, Oklahoma City and 3 areas in Tulsa. 5) What is the approximate amount of apartments to be built in the area and the current availability? There are 618 apartment units on the drawing board in Owasso. Apartments in the area are running at 95% to 100% occupancy. 6) Has Owasso applied for any grant money for low housing? No, the staff would not consider to suggest that at this time. One unit that is going in behind Kimbell's Hardware has been approved. At the time it was approved we did not have the Hearing process option. 7) Is there any indication as to what will actually be developed on this land? There are no tenants for the Commercial area, no tenants for the office and no proposals for the RD portion. 8) What are the steps to prevent flooding downstream of the zoning area? Zoning Approval Plat Process Technical Advisory Committee Final Plat to Planning Commission Site Plan Review Building Permit Certificate of Occupancy 9) What steps will be taken on the influx of school children? There is a law on student/teacher ratio and it will be upheld. 10) Is there any undeveloped land for schools in the area? The land between Garnett, 96th and 169 is undeveloped. 11) Is there a requirement, for the land owner, to sell some land at cost for schools? No requirement. 12) What is the process for capping wells? The developer would take care of, when going through the platting process. 13) What would it take to change the zoning from Ag to Multi- Family? He would have to go through the re- zoning process. 14) Explain what will be built on the RS -E type zone? It will be similar to Graceland Acres. 15) Have you considered the impact office light will have in regards to traffic? The list of businesses that could be in a light office complex was presented. That is why we put commercial property near intersections. 17) Why are there no plans to widen 86th Street between the High School and Junior High? Widening 86th Street is a high priority, from 96th Street all the way to 145th E. Ave. 18) Why can't the City Council Meeting agenda be published in the Owasso Reporter? CITY OF OWASSO Planning Department OZ -95 -06 Staff Report Timothy D. Rooney - Community Development Director APPLICANT AND STATUS OF APPLICANT: First Bank of Owasso, applicant. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from RM -1 (Residential Multi- Family Low Density) to CG (Commercial General) to allow for commercial development. LOCATION AND SIZE: The property is located directly north of the Sequoyah Pointe Living Center, within the 8500 block of N. 123rd E. Avenue. A copy of the complete legal description is attached for your information and review. The subject property contains approximately 1.5 acres, more or less. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: The subject property is abutted on the north by undeveloped property zoned CG (Commercial General) while further north lies E. 86th Street North. The subject site is bordered on the west by N. 123rd E. Avenue, while further west lies OL (Office Light) zoning district. The subject property is bordered on the south by Sequoyah Point Living Center zoned RM -1 (Residential Multi - Family Low Density) while further south are portions of the Elm Creek Addition zoned RS -3 (Residential Single - Family High Density). East of the subject property lies condominium type housing zoned RM -1 as well and a strip commercial center zoned CG (Commercial General). APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments" and Chapter 6 "Commercial land Uses ". SITE INFORMATION: No unusual development hardships are noted. ANALYSIS The proposed rezoning, if approved, would create an approximate 1.5 acre area of CG (Commercial General) zoned property for the applicant. The subject property for all intensive purposes is buffered from the interior residential zoning found south of the tract on N. 123rd E. Avenue as the nursing home would serve as a buffer between any commercial develop to its north. Due to the subject tract's size and dimension (deep but not wide), it would be unlikely to develop for any new multi- family purposes and is likely only to develop if it is combined with the existing zoning to the north. Staff Report OZ -95 -06 Page 2 of 2 As stated in the zoning case heard by the planning commission last month, all commercial uses should be buffered from single- family residential uses with some form of multi- family or office use. The nursing home would serve as this buffer and unlike other areas in the community, the buffer is already developed and in place to insure the integrity of the residential neighborhood. Again, staff concerns regarding the lack of multi- family zoning in the community is well documented, however the size and shape of the remaining multi- family zoning does not lend itself to multi - family development. The subject property lends itself well to a commercial zoning based on the excellent access via E. 86th Street North the existing commercial strip center to the east/northeast and the commercial located to the northwest (Spensors and Imperial Cleaners). Staff has a concern about any potential signage that would occur in this area and the height limit would be thirty (30) feet. Staff would not be in support of a variance to permit a higher sign in this area. Letters were sent to surrounding property owners within 300' of the subject property and notification was published in the Owasso Reporter. Staff has received no comments opposing the annexation request. RECOMMENDATION Staff feels a rezoning and use of this property to a commercial zoning would be consistent with the existing zoning patterns in this area, in fact it would be an extension of what is found immediately to the north, northeast, and northwest. Staff recommends approval of the rezoning request from RM -1 to CG. ATTACHMENTS 1. Legal Description. 2. Location Map. 3. Uses permitted in an CG zoning district. 4. Letters sent to property owners within 300 feet of the zoning request. 5. A copy of the legal ad from the Owasso Reporter. Beginning at the NW corner of Lot 1', Block 2,, -ELM CREEK CONDOMINIUMS AMENDED, a Subdivision in the City of Owasso, County of Tulsa, State of Oklahoma; thence N -89°56'16 " =E, along the North line of said Lot 1, a distance of 348.72' to the most Northeasterly corner of said Lot 1; thence 5 -00°03'44 " -E, a distance of 148.13'; thence 5 -89°56'16 " -W, a distance of 402.63' to a point on the Westerly line of said Lot 1; thence N -20°00'00 " -E, a distance of 157.63' to the point of beginning. Exhibit "A" SUBJECT SITE OZ-95-06 APPENDIX A SUMMARY USE UNITS - ZONING 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 17 AUTOMOTIVE & ALLIED ACTIVITIE 18. DRIVE -IN RESTAURANTS 19. HOTEL MOTEL AND RECREATION 20. COMMERCIAL RECREATION: IN- TENSIVE 21. 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. 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -95 -06 (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 July, 1995. At that time and place, the Owasso Planning Commission will consider a request from First Bank of Owasso, applicant, for a proposed change of the zoning classification from RM -1 (Residential Multi - Family Medium Density) to CG (Commercial General) which would allow for a commercial development. The subject property is described as follows: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2, ELM CREEK CONDOMINIUMS AMENDED, A SUBDIVISION IN THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA; THENCE N 89°56'16" E, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 348.72 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT 1; THENCE S 00°03'44" E A DISTANCE OF 148.13 FEET; THENCE S 89°56'16" W, A DISTANCE 402.63 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 1; THENCE N 20°00'00" E, A DISTANCE OF 157.63 FEET TO THE POINT OF BEGINNING. The general location of the property is along the 8500 block of N. 123rd E. Avenue, Owasso, OK. 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, PO Box 180. 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 27th day of June, 1995. Sincerely, Timothy D. Rooney Community Development Director NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OZ -95 -06 Notice is hereby given that a public hearing will be held before the Owasso Planning Commission, in the Owasso Community Center, Owasso, Oklahoma, at 7:00 P.M. on the 11th day of July, 1995. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 2, ELM CREEK CONDOMINIUMS AMENDED, A SUBDIVISION IN THE CITY OF OWASS0, TULSA COUNTY, STATE OF OKLAHOMA; THENCE N 89°56'16" E, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 348.72 FEET TO THE MOST NORTHEASTERLY CORNER OF SAID LOT 1; THENCE S 00°03'44" E A DISTANCE OF 148.13 FEET; THENCE S 89°56'16" W, A DISTANCE 402.63 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 1; THENCE N 20°00'00" E, A DISTANCE OF 157.63 FEET TO THE POINT OF BEGINNING. The general location of the property is along the 8500 block of N. 123rd E. Avenue, Owasso, OK. To be considered is a change of the underlying zoning from RM -1 (Residential Multi Family Low Density) to CG (Commercial General). All persons interested in this matter 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 submit its recommendation to the City Council of the City of Owasso for its consideration and action, as provided by law. The City Council's review of the recommendation of the Planning Commission on the proposed rezoning shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso Community Development Director. A map showing the proposed rezoning accompanies this notice. For more information on the proposed rezoning contact the Owasso Community Development Department, City Hall, 207 S. Cedar, Owasso, Oklahoma 74055, or phone (918) 272 -2251. Dated at Owasso, Oklahoma, this 26th day of June, 1995. Timothy D. Rooney Community Development Director CITY OF OWASSO Planning Department OPUD -9(A) Staff Report Timothy D. Rooney - Community Development Director BACKGROUND APPLICANT AND STATUS OF APPLICANT: Dominion Corporation, applicant and owner. REQUESTED ACTION AND PURPOSE: A request for an amendment to a previously approved Planned Unit Development, changing the underlying zoning from RS -3 (Residential Single- Family High Density) to RTH (Residential Multi- Family Townhomes). LOCATION AND SIZE: The property is located in the southeastern most corner of the Bailey Golf Ranch PUD, south of the planned residential areas of the golf course (The Estates at Southern Links, The Village at Southern Links and The Summit at Southern Links). The subject property contains about 6.94 acres more or less. EXISTING LAND USE: The subject property is currently undeveloped, however the residential areas to the north are currently under development. SURROUNDING LAND USE: Again, the subject property is abutted on the north by the planned residential areas of the Bailey Golf Ranch, while further north is E. 86th Street North. The subject property is bordered on the west and south by the Bailey Golf Course itself, while east of the subject property is the older portion of Owasso which is developed with single - family residences zoned RS -3 (Residential Single - Family High Density). The extreme northern portion of the rezoning request does abut some AG (Agriculture) zoned property at the end of Carlsbad Street. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments" and Chapter 4 "Residential District Provisions ", and Chapter 8 "Planned Unit Developments ". SITE INFORMATION: No unusual development hardships are noted. ANALYSIS The applicant is requesting an amendment to the underlying zoning of a previously approved PUD, changing said zoning from RS -3 to RTH, in order to allow for residential townhouse development rather than residential single - family. The Owasso Zoning Code permits minor amendments to be made to an approved PUD providing that substantial compliance is Staff Report OPUD -9(A) Page 2 of 3 maintained with the outline development plan and purposes and standards of the PUD. The outline development plan for OPUD -9 called for the entire southern portion of the Bailey Golf Ranch PUD to be designated for single - family residential development; more specifically the subject property itself was designated for Garden Homes, the highest density of single - family residential found within the PUD. The access to the subject property was designated to come southward from E. 86th Street North, through two residential areas, and form a long cul -de -sac along the subject property. When staff reviews the applicant's request, it is my opinion that the change requested is not a substantial change to the Outline Development Plan. While the density of the 6+ acre tract will be increased, the effects and or outcome on the remainder of the PUD are not detrimental. Access to this area of the PUD would still be coming south from E. 86th Street North through the developing residential areas to the north and would not adversely effect traffic in existing areas. The entrance from E. 86th Street, as you may recall from the platting process of the residential areas to the north, is an oversized boulevard style entry which will adequately address this and all proposed residential development. When one reviews the possibility of upscale townhouse /condominium housing with nationally accepted planning practices regarding golf course development, one will find the applicants proposal to be consistent. Many golf course communities are developed with numerous mixed residential housing patterns, all of which lend themselves to providing varying housing types and styles to potential residents. Typically, when ever there is a multi- family or townhouse request near an existing, developed residential area, concerns are voiced over the style of housing and whether or not it will be low income. Its important to note that the applicant is also the developer of the residential areas to the north and thus a substantial investment has been made in this area. The zoning requested by the applicant, and the eventual housing, will be complimentary to those areas that have already received approval and should enhance the Southern Links area. Also, please note that the RTH zoning would also permit the applicants to construct single - family dwellings should that demand be stronger. The subject property, regardless of whether or not it is rezoned, would need to go through the platting process of the City of Owasso. Notice was published in the Owasso Reporter and letters were sent to property owners within 300 feet of the underlying rezoning request. Two phone calls were received regarding the application, neither were opposed to the applicants request. Staff Report OPUD -9(A) Page 3 of 3 RECOMMENDATION Staff recommends approval of the amendment to OPUD -9, changing the underlying zoning on the described property from RS -3 to RTH. ATTACHMENTS 1. Legal Description. 2. Location Map. 3. Letters sent to property owners within 300 feet of the zoning request. 4. A copy of the legal ad from the Owasso Reporter. NOTE I have not included the original PUD's development text due to its size, but will provide a copy of it to you on your request. The OPUD -9 case file will be available the evening of the meeting as well A tract of land located in the W/2 of Section 30, Township 21 North, Range 14 East of the Indian Base and Meriden, Tulsa County, Oklahoma, more described Commencing at the . Northwest .. Part culal Comer 351.7ection 30; thence'N 88°55'45" E along the North line of said Section 30, a distance of 1648.95 feet; thence S 18 °57'39 W a distance of 351.75 feet; thence " 55°00'08" 8055'4 :208.10 feet; thence S 14°02'39" E o distance of 257.48 feet; thence S 19°43'11" E a distance of 386.73 feet; th nce S 02°26' distance �:a distance of 138.69 feet; thence S 29° i9'26" W a distance of 90.88 feet- t; the cea S 70°00'47" W1a fdistanceeof 134.26 fee' thence S 05°43'48" c a distance of 168.76 feet; thence N 76°46'41" E a distance of 121.59 feet to the TRUE POINT OF BEGINNING; thence S 07°12'20 "E a distance of 5.43, fee thence S 12°28'28 E a distance of 69.15 feet; thence S 06°41'57 E a distance of 125.06 feet; thence S 14 °51'SZ E a distance of 60 "E feet thence S 01.o6 f a distance of 47.47 feet thence S 01 °34'09" W a distance of 49.20 feet; thence S 09°03'08" W a distance of 66.83 feet; thence S 00°01'30° WA distance of 453.59 feet thence S 21°00'OT E a distance of 592.82 feet thence N 88°53'58" E a distance of 166 feet et the West boundary lin Zof 5fARLANE ADDfT10N to the City of Owasso; thence N 01°06.02" W along the West boundary of said STARttWE ADDITION' a distance of 748.11 feet; thenc N 01°34'28" W continuing along the West boundary of said STARLANE ADDITION a distance of 150.00 feet to the Northwest Comer of said STARLANE ADD(IIOh athence, N 88°55'11 "E a distance of 0.60 feet to the Southwest Comer of HALE ADDITION to the City of Owasso; thence S 01 °27'42" W along the Wes Wine of said HALE ADDITION a distance Of 841.65 feet; thence S 88°32.18" W a distance of 254.45 feet to the more or less. point of beginning, containing 6.94 acre: PAYNE SURVEYING SERVICE 1216 W. WILL ROCERS BLVD. CLAREMORE, 0AZA. 341 -0617 SUBJECT SITE OPUD-9 (A) 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OPUD - 9 (A) (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 July, 1995. At that time and place, the Owasso Planning Commission will consider a request from Dominion Corporation, applicant and owner, for a proposed change of the zoning classification from an underlying zoning of RS -3 (Residential Single Family High Density) to RTH (Residential Multi - Family Town House), which would allow for the development of Town Homes. The subject property is described as follows: A TRACT OF LAND LOCATED IN THE W/2 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 30; THENCE N 88°55'45" E ALONG THE NORTH LINE OF SAID SECTION 30, A DISTANCE OF 1648.95 FEET; THENCE S 18°57'39" W A DISTANCE OF 351.75 FEET; THENCE S 55°00'08" E A DISTANCE OF 175.31 FEET; THENCE S 15°25'35" E A DISTANCE OF 208.10 FEET; THENCE S 14°02'39" E A DISTANCE OF 257.48 FEET; THENCE S 19°43'11" E A DISTANCE OF 386.73 FEET; THENCE S 02°26'13" W A DISTANCE OF 138.69 FEET; THENCE S 29°19'26" W A DISTANCE OF 90.88 FEET; THENCE S 70°00'47" W A DISTANCE OF 134.26 FEET; THENCE S 05°43'48" E A DISTANCE OF 168.76 FEET; THENCE N 76°46'41" E A DISTANCE OF 121.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 07°12'20" E A DISTANCE OF 311.06 FEET; THENCE S 12°28'28" E A DISTANCE OF 69.15 FEET; THENCE S 06°41'52" E A DISTANCE OF 125.06 FEET; THENCE S 14°51'52" E A DISTANCE OF 65.46 FEET; THENCE S 07°53'22" E A DISTANCE OF 47.47 FEET; THENCE S 01°34'09" W A DISTANCE OF 49.20 FEET; THENCE S 09°03'08" W A DISTANCE OF 66.83 FEET; THENCE S 00°01'30" E A DISTANCE OF 453.59 FEET; THENCE S 21°00'07" E A DISTANCE OF 592.82 FEET; THENCE N 88°53'58" E A DISTANCE OF 1.08 FEET TO THE WEST BOUNDARY LINE OF STARLANE ADDITION TO THE CITY OF OWASSO; THENCE N 01°06'02" W ALONG THE WEST BOUNDARY OF STARLANE ADDITION A DISTANCE OF 748.11 FEET; THENCE N 01°34'28" W CONTINUING ALONG THE WEST BOUNDARY OF STARLANE ADDITION A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID STARLANE ADDITION; THENCE N 88°55'11" E A DISTANCE OF 0.60 FEET TO THE SOUTHWEST CORNER OF HALE ADDITION TO THE CITY OF OWASSO; THENCE S 01°27'42" W ALONG THE WEST LINE OF SAID HALE ADDITION A DISTANCE 841.65 FEET; THENCE S 88 °32'18" W A DISTANCE OF 254.45 FEET TO THE POINT OF BEGINNING, CONTAINING 6.94 ACRES MORE OR LESS. The general location of the property is along the southeast corner of the Bailey Golf Ranch 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 Department, PO Box 180. These comments will be presented to the Planning Commission members at the scheduled public hearing by Planning Staff. Information and maps showing the property location may be inspected in the office of the City Planner, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272 -2251. This is your only personal notification of this request. Dated at Owasso, Oklahoma, this 27th day of June, 1995. Sincerely, Timothy D. ey Community Development Direc 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 newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, OklRhoma 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 snid 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 Ind not in a supplement, on the following dates: JUNE 29 1995 Subscribed and sworn to before me this 79rh day of June` Notory Public My Commission expires: March 20, 1997 Published In On Owrso Reporbi Owaao. Tuba Carly. Oklahoma, June 20, 1986. NOTICE TO THE PUBLIC OF A NEARING ON A PROPOSED A14END- MENTTOTHEZONNGORDINANCEOF THE CITY OFOWASSO, OKLAHOMA APPIICATHIN:OPUD Notice r hereby given lust a peak hawing will be held bet" the Owas- so Planning Commission, M the Owasso Community Center, Owasso, Okiwonr, x17:00 P.M. on the 111h day of July. 19115. At that tlme and piece, consIderallon will be given to the proposed charge of the zonng classification of dhe fobwng described propel): A TRACT OF LAND LOCATED IN THE W/2 OF SECTION 30, TOWN- SHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE AND MERIDI- AN, TULSA COUNTY, OKLAHOMA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 30; THENCE N BB'6545' E ALONG THE NORTH LINE OF SAID SEC. TION 30, A DISTANCE OF 1648.95 FEET; THENCE S 18.57.39' W A DISTANCE OF 351.75 FEET, THENCE S 55'0008' E A DISTANCE OF 175.31 FEET; THENCE S 152435' E A DISTANCE OF 208.10 FEET; THENCE 8 14.02.39- E A DISTANCE OF 257.48 FEET; THENCE S 10. 4711' E A DISTANCE OF 386.73 FEET; THENCE S 02'W13' W A DISTANCE OF 138.60 FEET; THENCE S 29'1726' W A DISTANCE OF 90.88 FEET, THENCE S 70'0047' W A DISTANCE OF 134.26 FEET; THENCE S 0543.48' E A DISTANCE OF 168.76 FEET, THENCE N 76 °46.41' E A DISTANCE OF 121.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 07.1220' E A DIS. TANCE OF 311.08 FEET; THENCE S 122928' E A DISTANCE OF 89.15 FEET, THENCE S 06.41.52' E A DISTANCE OF 125.06 FEET; THENCE S 14.51'52' E A DISTANCE OF 66.46 FEET; THENCE S 07-53'22' E A DISTANCE OF 47A7 FEET; THENCE S 01.31.09' W A DISTANCE OF 44120 FEET; THENCE S W9 Gir W A- DISTANCE OF 66.83 FEET; THENCE S 00. 01'30' E A DISTANCE OF 453.50 FEET; THENCE S 21•00.07' E A DISTANCE OF 582.82 FEET; THENCE N 88.33'58' E A DISTANCE OF 1.08 FEET TO THE WEST BOUNDARY LINE OF STARLANE ADDITION TO THE CITY OF OWASSO; THENCE N 01'0302' W ALONG THE WEST BOUNDARY OF STARLANE ADDITION A DISTANCE OF 74&11 FEET; THENCE N 01342S' W CONTINUING ALONG THE WEST BOUNDARY OF STARLANE ADDITION A DISTANCE OF 150.00 FEET TO THE NORTHWEST CORNER OF SAID STARLANE ADDITION; THENCE N 88.5Si 1' E A DISTANCE OF 940 FEET TO THE SOUTHW EST CORNER OF MALE ADDITION TO THE CITY OF OWASSO; THENCE S 012742' W ALONG THE WEST LINE OF SAID HALE ADDITION A DISTANCE 841.65 FEET; THENCE S 88'321 SN W A DISTANCE OF 254.45 FEET TO THE POINT OF BEGINNING, CON- TAINING 6.94 ACRES MORE OR LESS. The general location of the property I, aI.V the southeast comer of the Bat* God Ramh. To be oeneidved Is a change of the underlying zoning 1. RS-0 (Pad• dental Single Famiy High Density) to RTH (Rowder" Town Hour). AM Perrone Interested k this madw may be present N the hawing and parts their Objections to or wgum m, for any or al of the above maters. In the avail dhd such proposed rezoning b approved, In wholo or In pod, by the Owaew Planning Commaalon, sad Planning Commission well sub- its moonwhndaion W the Clry Couml of Bn Chy of Owaro la its con. alderallon and adlal r provided by law. The City CounoWs review of the rscermrMabn al the Planning Com• mission on the proposed rezoning shag be 4 a mating urns and place to be determined by the Council, saki Iaormation to be available from the Owasse co moray Dsvaopra DYactar. A map showing the proposed rezoning acmmpanles this notice. For man dformurn on the proposed rezoning contact the Owasso Com a6 74056, or ph" Dep 272-2251 Hal, 207 S. Cedar, Owasso, OdaMma PUBLISHER'S FEE $ 122.85 Dated a Owasso. O lahom.,this25mdayof June.1905. MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: OLS -95 -03 BLANCHE INGLIMA DATE: July 6, 1995 BACKGROUND Ms. Blanche Inglima is requesting approval of a lot split for property located at Lot 6, Block 1, Three Lakes Village Addition, further described as 11611 E. 84th Court North, Owasso, OK. Three Lakes Village Addition is located behind Classic Chevrolet in Owasso. A subject map is attached for your information and review. Apparently, once again due to a surveying error at the time of building the residence, the residence was built over a property line. Both the current property owner and the abutting property owner were aware of the problem and an agreement was signed stating such. However, the current property owner - Ms. Inglima, now is wanting to sell her residence which is in violation and the purchaser is being required to obtain Planning Commission approval of the lot split. The actual amount of land to be split is quite small as it is indicated by the hatched area on the subject map. Once again, this is a condition that the building permit review process should prevent from occurring but evidently did not when the home was constructed in the late 70's. Staff has no objections to the lot split request. RECOMMENDATION Staff recommends approval of OLS- 95 -03. ENCLOSURE 1. A subject map. 2. A copy of the legal description for the lot split. 3. A copy of the survey for the lot split. w ASSOCIATED SURVEYORS AND ENGINEERS REGISTERED PROFESSIONAL ENGINEERS AND LAND SURVEYORS PHONE (918) 663 -2425 JUNE 23, 1995 NOTE: THIS LEGAL DESCRIPTION IN BASED UPON A MORTGAGE INSPECCION PERFORMED ON THE 16th DAY OF SEPTEMBER, 1993, AND IS SUB39CT TO REVISION BASED UPON A BOUNDARY SURVEY IN PROGRESS AT THIS TIME. THIS LEGAL DESCRIPTION SHOULD NOT BE RELIED UPON OR USBD FOR THE TRANSFERENCE OF PROPERTY. DESCRIPTION; A Strip of land in 'Lot 6, Block 1, THREE LAKES VILLAGE, a resubdivision of a part of Lot 15, Block 3, "THREE LAKES" an addition to the City of Owasso, Tulsa County, State of Oklahoma, more particularly described as follows: BEGINNING at the Northeast corner of said Lot 6, Block 1, THREE LAKES VILLAGE, thence S.73048137 "W. along the North line of said Lot 6, a distance of 5.50 feet; thence 5.11058141 "E. a distance of 101.05 feet to a point on the South lime of said Lot 6, thence N.80034027 "E. a distance of 0.00 feet; thence along a 111.05' Radius curve to the right with a central angle of 0015129 ", a distance of 0.50 feet; thence N. 9009155 "u. along the East Line of said Lot 60 a distance of 101.60 feet to the Point of BEGINNING. PLAT . NO. 3816 FILED JUNE 13., 1978 A RESUBDIVISION OF A PART OF IOT6, BLOCK 3; THREE LANES' AN ADDITION TO THE CITY OF OWASSO. TULSA COUNTY, ONWtlMA S%WNER - DEVE1 OPEIt TERRY y1S CONSTRUCTION, INC. 5550 SOUTH LEWIS TULSA, OKLAHOMA 1.918.749.4837 FINLEY ENGINEERING COMPANY W 2300 EAST NTH STREET E TULSA , ORLAMMA THREE LAKES VILLAGE DESCRIPTION PLAT I POs: NoNES Um TIIITBD V.O. 6127 INVOICE NO. 13731 LEGAL DESCRIPTION; A strip of land in Lot Six (6), Block One (1), THREE LAKES VILLAGE, a reaubdivision of a part of lot fifteen (15), Block three (3), THREE LAKES", an addition to the City of Owasso, Tulsa County, State of Oklahoma, more partiularly described as follows: VILLAGE, thence S. 73°48'37"W, along the North line of said Lot Six (6), a distance of seven and six hundredths (7.06'); thence S. 13°08'41"E, a distance of one hundred and ninety-eight hundredths (100.98') feet to the southeast corner of said lot six (6); thence N. 9°09'59"W, along the East line of said Lot Six (6) a distance of One hundred and sixty-hundredths (101.60') feet to the Point of Beginning: containing 356 square feet, more or less. Prepared this 3rd day of July, 1995. Associated Surveyors & Engineers Rodger ragsdale MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: EASEMENT CLOSING REQUEST - JOHN J LIVINGSTON DATE: July 6, 1995 BACKGROUND: The City of Owasso has received a request for the vacation of a portion of a mutual access easement located within Lot 1, Block 19, Elm Creek Estates. The subject property is currently undeveloped, however other portions of Lot 1, Block 19 have been replatted and are developed (Owasso Physical Therapy, Autozone, Owasso Lumber). A subject map has been attached for your information and review. The easement, platted to provide access to the more southerly property within Lot 1, Block 19, is no longer need as the Owasso Lumber Company has purchased and developed their property to the east. The applicant, looking at possible development potential for their property, is now hampered by the easement located directly in the center of the property. A copy of the legal description of the recorded easement is also attached for your information and review. The easement closing request was presented to the Technical Advisory Committee at their regular meeting on June 28, 1995. At that meeting, no comments opposing the easement closing were received. RECOMMENDATION: Staff recommends approval of the easement closing request, closing the above described easement located with Lot 1, Block 19, Elm Creek Estates. ATTACHMENTS: 1. Copy of the recorded easement. 2. Copy of the identified easement within the subject map. BOOK 4272 PAGE 2107 575222 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 77 JUL 7 AM 11:25 ANITA COUNTY CLERK ROADWAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of value received. The undersigned owners do hereby grant and dedicate to the public, for the public use, a roadway easement over and across the following described property situated in the County of Tulsa, State of Oklahoma, to-wit: A tract of ground situated in Lot One (1), Block Nineteen (19), Elm Creek Estates First Addition to the City of Owasso, Tulsa County, Oklahoma According to the recorded plat thereof, and being more particulary described as follows, to-wit: Beginning at a point 318.84 feet Northand 176.32 feet West of the Southeast corner of Block 19, thence West a distance of 50.0 feet, thence NOrth a distance of 301.0 feet to the South property line of East First Street, thence East a distance of 50.0 feet, thence south a distance of 301.0 feet to the point of beginning, containing in all 0.346 Acres. with ingress and egress to and from same. this 50.0 foot roadway easement is for the purpose of constructing and maintaining a roadway for public use. TO HAVE AND TO HOLD the said roadway easement and grant unto the public for public use, forever; the consideration hereof being in full payment for the rights and privileges herein granted. Executed this 28 Day of March, 1977. ACKNOWLEDGMENT STATE OF OKALHOMA COUNTY OF TULSA Before me, the undersigned, a notary public in and for said county and state, on this 28 day of March, 1977, personally appeared P. A. Jenkins, Clark M. spears and John f. Hausam to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forht. Given under my hand and seal of office the day or year above written. ELM CREEK ESTATES FIRST ADDITION BEING A SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 21 NORTH, RANGE 14 EAST OF IB&M IM THE CITY OF OWASSO, TULSA COUNTY MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: FINAL PLAT - THE FAIRWAYS AT BAILEY RANCH DATE: July 7, 1995 BACKGROUND The City of Owasso has received a request to review the final plat for The Fairways at Bailey Ranch, an addition to the City of Owasso. The Fairways at Bailey Ranch is located north of E. 86th Street North, and is best described as the residential development surrounding the northern portion of the golf course (that area between E. 86th Street North and E. 96th Street North). The subject property is zoned PUD (Planned Unit Development) and allows for several different size residential lots. No commercial, office, or multi - family development is included within this preliminary plat area. The preliminary plat for The Fairways at Bailey Ranch was approved by the Owasso Planning Commission at the January regular meeting. The final plat for The Fairways at Bailey Ranch was reviewed by the Technical Advisory Committee at their June 28, 1995 meeting. At that meeting, the developer's engineer (Bill Lewis) was provided with a list containing all of the staff corrections regarding the plat. The following are a list of all staff comments regarding the plat: 1. Add addresses (as provided) for all lots within the addition. 2. List both the street name and the street number on the plat. 3. A reminder that all conditions of the PUD needed to be included within the covenants of the addition when they are filed under separate instrument. The plat contains the required certificate of dedication. 4. Add the city landscaping covenant. 5. Change the name of the northernmost east /west street from Larkin Bailey Boulevard to Scissortail Drive. The final plat enclosed within your packet includes all necessary corrections recommended by staff. The utility companies had no additional requests or comments to the plat. Once again, it would appear that the TAC meeting process is successful as most of the comments from the utility companies are being handled within the preliminary review process. The construction plans are still in the review process. It is my understanding that both the water and sewer plans have been approved by staff and are awaiting the permits to be issued by the state. The drainage plans and street plans are still being reviewed but are near completion at this time. As a reminder, the final plat will not be placed on the council agenda until the construction plans are approved by staff and the permits have been issued by the state. RECOAMENDATION Staff recommends approval of the final plat for The Fairways at Bailey Ranch. ENCLOSURE Final plat for The Fairways at Bailey Ranch. MEMORANDUM TO: THE OWASSO PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COAEMNITY DEVELOPMENT DIRECTOR SUBJECT: FINAL PLAT - COUNTRY ESTATES DATE: July 7, 1995 The City of Owasso has received a request to review a final plat for A & W Development for their proposed development titled Country Estates. Country Estates is located north and west of the northwest corner of E. 116th Street North and Garnett Road and would contain approximately 100 acres of single - family residential housing upon completion. Phase I of this development reflects that it would consist of 138 lots on 41.93 acres of property. The Owasso Planning Commission reviewed the preliminary plat for Country Estates in May of 1995. The Technical Advisory Committee reviewed the final plat at their June 28, 1995 meeting. At that meeting, the applicants were supplied with the following list of staff corrections to the plat: 1. Please add the provided addresses to the plat. 2. Add the title "E. 116th Place North" to the southern most street of Block 7. 3. Provide dimension information to the easement between Lots 2 & 3, of Block 8. 4. Add limits of no access along E. 116th Street North and Garnett Road. 5. Add the city landscaping requirement to the covenants. 6. Add total acreage and total lots below the area map. The utility companies had no additional comments and /or corrections to the plat. The construction plans are still in their review process. Again, the final plat is not forwarded to the City Council until the approval is received from both the Public Works department and the permits are issued by the state for the construction of the water and sewer lines. Acceleration /Deceleration lanes will also be constructed along E. 116th Street North and Garnett Road. RECOMMENDATION Staff is recommending Planning Commission approval of the final plat for Country Estates. ENCLOSURES 1. Final plat and covenants for Country Estates.