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HomeMy WebLinkAbout1995.10.10_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION October 10, 1995 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: October 10, 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 October 6, 1995. OWASSO PLANNING COMMISSION REGULAR MEETING Tuesday, October 10, 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 the August 8, 1995 Regular Meeting and the September 26, 1995 Special Meeting. 4. OZ -95 -07 - Kaiser - Francis Oil CompanX - A request for a review of a rezoning from AG (Agriculture) to CS (Commercial Shopping Center) on property located in the NE/4 of the NW/4 of Section 28, Township 21 North, Range 14 East; further described as being located east of the southeast corner of E. 86th Street North and N. 129th E. Avenue and containing 16.90 acres, more or less. 5. New Business 6. Report on Planning Items Previously Forwarded to City Council 7. Discussion of Development In and Near Owasso 8. Adjournment Jerry Cole - Yes Gary Wells - Yes Dewey Brown - Yes Charles Willey - Yes The motion carried 4 -0. 5. NEW BUSINESS Mr. Rooney explained that he had received notification from Kaiser - Francis Oil Company requesting that the City Council table their rezoning application until the September 19, 1995 regular meeting. 6. REPORT ON PLANNING ITEMS PREVIOUSLY FORWARDED TO CITY COUNCIL. Mr. Rooney reported that rezoning application OZ -95 -06 was approved by the City Council; OPUD -9(A) which was approved by the Planning Commission was withdrawn by the applicant; Mr. Livingston's easement closing request was approved by the City Council; and Final Plats for the Fairways at Bailey Ranch, Southern Links, and Country Estates were all approved by the City Council. 7. DISCUSSION OF DEVELOPMENT IN AND NEAR OWASSO None. Mr. Dewey Brown moved, seconded by Gary Wells, to adjourn the meeting. A vote on the motion was recorded as follows: Dewey Brown - Yes Gary Wells - Yes Charles Willey - Yes Jerry Cole - Yes The motion carried 4 -0 and the meeting was adjourned at 7:11 PM. Chairperson Secretary Date OWASSO PLANNING COMMISSION MINUTES OF SPECIAL MEETING Tuesday, September 26, 1995, 5:30 PM Owasso City Hall Conference Room 207 South Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Gary Wells Dewey Brown MEMBERS ABSENT Charles Willey Jerry Cole STAFF PRESENT Tim Rooney The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on Friday, September 22, 1995. 1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 5:40 p.m. and declared a quorum present. 2. ROLL CALL 3. SITE PLAN REVIEW - Noble Sokoloskv - A request for a review of a site plan for a commercial shopping center to be located at the southeast corner of East 86th Street North and North 123rd East Avenue. Mr. Rooney presented the staff report. Gary Wells moved to approve the request for the site plan. Seconded by Dewey Brown. A vote on the motion was recorded as follows: Ray Haynes - Yes Dewey Brown - Yes Gary Wells - Yes The motion carried 3 -0. Owasso Planning Commission Minutes of September 26, 1995 Page No. 2 4. Adjournment - Ray Haynes moved to adjourn. Motion seconded by Dewey Brown. A vote on the motion was recorded as follows: Ray Haynes - Yes Dewey Brown - Yes Gary Wells - Yes The motion carried 3 -0 and the meeting was adjourned at 6:00 p.m. Chairperson Secretary Date CITY OF OWASSO Planning Department OZ -95 -07 Staff Report Timothy D. Rooney - Community Development Director BACKGROUND APPLICANT AND STATUS OF APPLICANT: Kaiser - Francis Oil Company, applicant and owner. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from AG (Agricultural) to CS (Commercial Shopping Center). LOCATION AND SIZE: The property is generally located east of the southeast corner of N. 129th E. Avenue and E. 86th Street North, due southeast of the Owasso High School and contains approximately 16.90 acres, more or less. A complete copy of the legal description is attached for your information and review. EXISTING LAND USE: The subject property is currently undeveloped. SURROUNDING LAND USE: The subject property is abutted on the north by E. 86th Street North, while further north lies the Owasso High School. The subject property is bordered on the east by undeveloped property zoned OL (Office Light), on the southeast by undeveloped property zoned RS -2 (Residential Single - Family Medium Density), on the south by undeveloped property zoned RD (Residential Duplex) and on the west by undeveloped property zoned CS (Commercial Shopping Center). Please note that these zoning were unanimously approved by the Owasso City Council on October 3, 1995 and will not actually be applied to the property until 30 days after the publication of the Ordinance containing the rezoning action. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", Chapter 5 "Office District Provisions ", and Chapter 6 "Commercial District Provisions ". SITE INFORMATION: No unusual development hardships are noted. Staff Report OZ -95 -07 Page 2 of 4 ANALYSIS The proposed rezoning, if approved, would create an additional 16.9 acres of CS (Commercial Shopping Center) zoning at the southeast corner of E. 86th Street North and N. 129th E. Avenue, bringing the total amount of commercial zoning at this corner to approximately 33 acres. The Comprehensive Plan for the City of Owasso defines the corner of E. 86th Street North and N. 129th E. Avenue as an area for a "Type Two Activity Center" located at the intersections of primary arterial streets. A "Type Two Activity Center" is forty (40) acres, ten (10) acres distributed to each corner. While it can certainly be determined that the applicants request is larger than what the Comprehensive Plan deems appropriate, it is not inconsistent with that which is found on the southwest and northwest corners of E. 86th Street North and N. 129th E. Avenue, and is comparable in size to those areas. The northwest corner of E. 86th Street North and N. 129th E. Avenue contains a total of 15 acres of CS zoning or PUD zoning for commercial development and the southwest corner contains approximately 20 acres of CG zoning (a higher intensity than CS). The conflict with the comprehensive plan occurs not at the corner of E. 86th Street North, but rather farther east of the intersection. While the plan does not have a calling for commercial zoning at that location, it may be outdated when one considers past development trends along E. 86th Street North between Highway 169 and N. 129th E. Avenue. A total of over 1,000 feet of linear frontage of various forms of commercial zoning are present along the south side of E. 86th Street North (not including the area at the southwest corner of N. 129th E. Avenue and E. 86th Street North previously described above). The north side of E. 86th Street North, between Highway 169 and N. 129th E. Avenue contains over 600 feet of linear frontage of commercial zoning (not including the area at the northwest corner of N. 129th E. Avenue and E. 86th Street North previously described above). Clearly, the need and desire for additional commercial zoning along this corridor has resulted in diversion from the Comprehensive Plan. While staff has some minor reservations about creating 33 acres of commercial zoning, when one views the past development trend and apparent need for more than what the Comprehensive Plan had designated commercially, the applicant's request seems to be in compliance with the development pattern which has occurred. In fact, a point could be made that with a larger, more uniform tract of commercial zoning being created, a strip center may be avoided and a commercial activity center (i.e. Utica Square) could be a more attractive end result. Because of the amount of commercial zoning that would be created, platting and site plan review of any proposed use will be key steps in the development process of the eastern most Staff Report OZ -95 -07 Page 3 of 4 16 acres. Careful attention will need to be given to insure both a pedestrian and vehicular interaction between the uses, interaction that will not "cut -off' the southern portions of the subject site and create a line of commercial businesses and a vast area of commercial property with little development potential. Staff has a concern, however, with the southeastern portion of the 16 acre tract being requested for commercial zoning. A policy has been made by staff, and has also been "adopted" by the Planning Commission and Council in previous meetings, that commercial zoning should not abut residential zoning. Clearly, there is an area along the southeast boundaries of the zoning request which would be in conflict with this policy. Staff is proposing two alternatives to what the applicant is requesting. The first alternative would be to reduce the extreme southeast corner to OL (Office Light) zoning as indicated on the attached "Exhibit A" zoning map. This would eliminate any conflict between commercial and residential uses by means of a buffer zoning and development. Staff's only concern with the first alternative is that it may create an area of OL zoning that is too small for development. CS zoning would be reduced to 15.95 acres, while .95 acres of OL zoning would be added to the existing 15.43 acres to the east. The second alternative, attached as "Exhibit B ", would come straight southward from the north /south boundary as it is found at E. 86th Street North. This would also eliminate any conflict between commercial and residential uses by means of a buffer and provide an adequate area for OL development. CS zoning would be reduced to 12.95 acres and OL zoning of 3.95 acres would be added to the existing 15.43 acres found to the east. When staff reviews the two alternatives developed, it would be staff's recommendation that the second alternative (Exhibit B) would be a more desirable solution to the identified problem of supplying an adequate buffer. Certainly, a compromise between the first and second alternatives may also be acceptable to both staff and the Planning Commission. COMMENTS Staff received numerous calls and visits regarding the initial zoning request for this parcel when it included RM -1 (Residential Multi- Family Low Density) zoning. However, since the removal of that request, the approval of the zoning request on the remainder of the Kaiser - Francis property, and the request for CS (Commercial Shopping Center) zoning on this property, staff has received little comment. The Planning Commission does need to be aware that there is likely to be some opposition to the commercial zoning request, as the few comments received seem to be concerned that the applicant is requesting CS zoning in order to be able to obtain a multi - family development through the Board of Adjustment and therefore "coming through the back door." Staff has pointed out that apartments would be Staff Report OZ -95 -07 Page 4 of 4 permitted in CS zoning via a Special Exception through the Board of Adjustment, however staff has also pointed out that the public backlash against such a request would also be substantial as it was before the Planning Commission. Letters were sent to property owners within 300' of the subject property and notification was published in the Owasso Reporter on September 21, 1995 and a rezoning sign was posted on the subject property. A copy of the letter sent to property owners and the legal advertisement are also attached for your information and review. A neighborhood group was formed regarding the original rezoning request and staff has kept this group well informed. RECOMMENDATION Staff is recommending that a buffer of OL zoning be incorporated into the CS zoning request, as indicated on "Exhibit B" within the staff report. ATTACHMENTS 1. Case map 2. Legal description of subject property 3. Exhibit A - first alternative 4. Exhibit B - second alternative 5. Copy of letter sent to surrounding property owners. 6. Copy of notification published in the Owasso Reporter. ZONING EXHIBIT OF OWASSO LAND A PART OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA FOR KALSER FRANCIS OIL COMPANY SUBJECT TRACT ZONING EXHIBIT OF OWASSO LAND A PART OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA FOR KALSER FRANCIS OIL COMPANY SUBJECT TRACT ZONING EXHIBIT OF OWASSO LAND A PART OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA FOR KALSER FRANCIS OIL COMPANY SUBJECT TRACT 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso NOTICE TO PROPERTY OWNER OZ -95 -07 (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 10th day of October, 1995. At that time and place, the Owasso Planning Commission will consider a request from Kaiser - Francis Oil Company, applicant, for a proposed change of the zoning classification from an AG (Agriculture) District to CS (Commercial Shopping Center). The subject property is described as follows: COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE SOUTH 89°42'44" EAST ALONG SAID SECTION LINE A DISTANCE OF 750.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SECTION LINE SOUTH 89°42'44" EAST FOR A DISTANCE OF 600.00 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 150.0 FEET; THENCE SOUTH 28°46'32" EAST FOR A DISTANCE OF 789.40 FEET; THENCE DUE SOUTH FOR A DISTANCE OF 100.00 FEET; THENCE NORTH 89°42'44" WEST FOR A DISTANCE OF 980.01 FEET; THENCE DUE NORTH FOR A DISTANCE OF 940.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAINING 16.90 ACRES MORE OR LESS. The general location of the property is east of the southeast corner of E. 86th Street North and N. 129th 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, 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 18th day of September, 1995. Sincerely, Timothy D. Rooney Community Development Director SUBJECT PROPERTY Affidavit Of Publication STATE OF OKLA11010t, TULSA COUNTY, act: Bill R. Retherford, of ln%Tul age, being duly sworn and authorized, says that he is the publisher of the OWASSO REPORTER , a weekly newspaper printed in the city of OWASS0 Tulso County, Oklnhomn, n newspaper qualified to publish legal notices, ndvertisenlenla 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 reference to legal publications. That said notice, a true copy of which is attached veto, 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: SEPTEMBER 21 199 5 Subscribed and sworn to before me this 21st day of September 1995 Notary Public My Commission expires:March i20, 1997 PUBLISHER'S FEE $98.13 Published In the Owasso Reporter, Owasso. Tuoa County, Oklahoma, Segarbw 21, 1995. NOTICE TO THE PUBLIC OF A HEARING ON A PRO POSED AMENDMENT TO THE 20N NG ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: oz -9s-o7 Wi e Is hereby ghen that apuhir Mertq vAI be held before IM Owes. so Planning Commission. M the Owasso Community Came,, Owasso, Oklahoma, al 790 P.M. on the 101h day c O=bm, 1995. Al that time and place, consideration will be given to the proposed Wnge 01 the Zoning Classification of the folowmg described property-. COMMENCING AT THE NORTHWEST CORNER OF SECTION 28. TOWNSHIP 21 NORTH, RANGE 14 EAST, THENCE SOUTH 804744 EAST ALONG SAID SECTION LINE A DISTANCE OF 750.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINU- ING ALONG SAID SECTION LINE SOUTH B9.42" EAST FOR A DISTANCE OF 600.00 FEET; THENCE DUE SOUTH FOR A DIS. TANCE OF 150.0 FEET; THENCE SOUTH 28'4532- EAST FOR A DISTANCE OF 789.40 FEET; THENCE DUE SOUTH FOR A DIS- TANCE OF 10100 FEET; THENCE NORTH 89.42'x4' WEST FOR A DISTANCE OF 980.01 FEET; THENCE DUE NORTH FOR A DIS- TANCE OF 940.00 FEET TO THE POINT OF BEGINNING. SAID AREA CONTAW ING 1850 ACRES MORE OR LESS. The general 10=10n Of the PmPerty is eat Of ft southeast comer of E. 8 th Seel North W K 12M E. Avenue, pwaso, OK To be considered Is a charge o( the UnderI zonlrg from AG (Agrlco4 Lure) m CS (Conaret" Shopping Center Dkaie). AN Persons IMene"W N this rmmw may be pnseem 0 the hearing and groan "*f ab)ectiws 10 w arguments Iw any was of the above matters. In the awns that such Proposed rwwkV Is approved. M whole or in Pan. by the Owasso Planning Corrccsscn, saki Planning Conofalon shall sub - he to remrmendalion 10 the City Courcil of the City ct Owasso iur Its oon. sideradon W action, a Provided by low. The City CouncIrs review of the ramrmerdatbn of the Planning Com- masbn on the Proposed rezoning $hall be w a meeting lima and Place to be dwermNled by the COUnoli. said Information to be awReble tram the Owaw Co^munity Development Director. A map showing the Proposed rezoning aocor panies this nottoo. For more Ydor allen On the PMPO"d rezoning contact the Owasso Commun4 tY Dewkpmem DepaMwn. City Halt 207 S. Cedar. Owasso. Oklahoma 74055, or ph" 272-2251. Ds"d 0 Owasso, Okhhona, airs 131h day of Sepenber. 1995. Timothy D. Rooney Community Development Director