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HomeMy WebLinkAbout1994.02.08_Planning Commission AgendaOWASSO PLANNING COXMSSION AGENDA PACKET FEBRUARY 8, 1994 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: February 8, 1994 TIME: 7:00 PM PLACE: Owasso Community Center NOTICE FILED BY: Timothy Rooney TITLE: City Planner Filed in the office of the Owasso City Clerk at 10:00 AM on January 31, 1994. Timothy Roon6oCity Planner OWASSO PLANNING COMMISSION REGULAR MEETING Tuesday, February 8, 1994 7:00 PM Owasso Community Center, 301 S. Cedar AGENDA Call to Order Roll Call 3. Consider Approval of the Minutes of January 11, 1994 Regular Meeting. PUBLIC HEARING Easement Vacation - Mark A Weir (2914) - A Request to Vacate a Portion of a Utility Easement Located along the West 17.5 feet of Lot 5, Block 2, Elm Creek Commercial Corner. OPUD -10 (A) - Kane Development Corporation (2014) - A Request to Abandon a Planned Unit Development Approved by the Planning Commission and City Council in 1992 consisting of Single- Family, Multi- Family, Commercial and Office Development. If Approved, Zoning Would Revert to its Original Classification of an RS -3 (Residential: Single - Family High Density) Zoning District. 6. OZ -9401 - Kane Development Corporation (2014) - A Request to Rezone a Tract of Land Containing 12.69 acres, More or Less, from OL (Office Light) and CS (Commercial Shopping) to RS -3 (Residential: Single - Family High Density) District, Generally Located Between 86th Street North and East 96th Street North, Just North of Smith Elementary School. 6. New Business. Owasso Planning Commission AGENDA February 8, 1994 7. Report on Planning Items Previously Forwarded to City Council. Discussion of Development In and Near Owasso. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Tuesday, January 11, 1994, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Gary Wells Pat Imbriano Charles Willey Dewey Brown MEMBERS ABSENT STAFF PRESENT Tim Rooney Charlotte White Rohn Munn Steve Compton The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on January 4, 1994. 1. CALL TO ORDER AND ROLL CALL - Chairperson Ray Haynes called the meeting to order at 7:00 p.m. and declared a quorum present. 2. CONSIDER APPROVAL OF THE MINUTES OF DECEMBER 16, 1993 - The Commission reviewed the minutes of December 16, 1993. 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 Gary Wells - Yes Ray Haynes - Yes Pat Imbriano - Yes Charles Willey - Yes The motion carried 5 -0. 3. ANNEXATION REQUEST (1714)- A Request for Annexation of an Approximate 160 acre Tract of Land Located Northeast of El Rio Vista Addition, a 1/4 mile North of E. 96th Street North, further described as the S/2 of the NW /4 and the N/2 of the SW/4 of Section 17, T21N, R14E, Tulsa County, State of Oklahoma. Mr. Rooney presented the report. The subject property is intended for residential development, however if annexation is approved, a zoning of the property to a residential designation would be required. Owasso Planning Commission Minutes of January 11, 1994 Page 2 It is the intent of the developers to request a zoning classification similar to that which was previously obtained from Tulsa County. That request, a Planned Unit Development,had densities similar to an RS -2 (Residential Single- Family: Medium Density) zoning district. In addition to obtaining zoning, all necessary subdivision requirements would need to be met. Water and sewer are both available to the subject site requiring some extension. Sanitary sewer is located along the northeast corner of El Rio Vista Addition, then turning west into the addition itself. It is unclear, at this time, as to whether or not the sanitary sewer that this development would tap into is adequate to handle any future development. The applicant's engineer would need to determine the capacity of the existing line, and if it is not adequate, would need to provide improvements to what exists or a new system for this area. A 10" water line is located along the west side of Garnett between 96th and 106th Streets, however the subject property is divided with the East half being in Washington County Rural Water District #3 and the west half being in the City of Owasso's water service boundary. If the property is to be ultimately serviced by both, the Planning Commission should recommend that all Washington County Rural Water District infrastructure meet City of Owasso's standards. Charles Willey motioned to approve the Annexation request with the understanding that the water area that is in Washington County will meet all of the City of Owasso's standards. Dewey Brown seconded the motion. A vote on the motion was recorded as follows: Charles Willey - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes - Yes Pat Imbriano - Yes The motion carried 5 -0. 4. OWASSO DESIGN CRITERIA - A Final Review of the Proposed Owasso Design Criteria. If the Planning Commission Approves this Draft, the Design Criteria will be Forwarded to the City Council for Possible Adoption in February. Mr. Rooney presented the report. Certainly, this document has had more than ample opportunity to be reviewed by the public (three reviews before Planning Commission) and the development community. The staff has once again worked diligently throughout the process. Ray Haynes motioned to approve the Owasso Design Criteria as submitted. Charles Willey seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey - Yes Gary Wells - Yes Dewey Brown - Yes Pat Imbriano - Yes The motion carried 5 -0. Owasso Planning Commission Minutes of January 11, 1994 Page 3 5. New Business. None 6. Report on Planning Items Previously Forwarded to City Council Final Plat for Elm Creek Auto and Final Plat for Baptist Retirement Center. 7. Discussion of Development In and Near Owasso TMAPC called and discussed rezoning of Water Products. Food Lion will be closing 3- 12 -94. 8. Adjournment - Pat Imbriano, Gary Wells seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Pat Imbriano - Yes Gary Wells - Yes Ray Haynes - Yes Dewey Brown - Yes Charles Willey - Yes The motion carried 5 -0 and the meeting was adjourned at 7:35 p.m. Chairperson Secretary Date MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: EASEMENT VACATION - LOT 5, BLOCK 2, ELM CREEK COMMERCIAL CORNER DATE: February 1, 1994 BACKGROUND: The City of Owasso has received a request from Mr. Mark Weir, owner, of Elm Creek Mini Storage to vacate /close a 17.5 foot utility easement located along the western property line of the subject property. Elm Creek Mini - Storage is located at 8502 N. 128th E. Avenue, further described as Lot 5, Block 2, Elm Creek Commercial Corner. The applicant's request was reviewed at the Technical Advisory Committee on January 26, 1994. At that meeting, area utility companies were not aware of any structures or lines that they had within the utility easement. Mr. Charles Hill, of PSO, did however request to have his surveyor verify a pole location along the northerly property line prior to any formal release from PSO. In addition to PSO's concern, the City of Owasso did not want the southerly 17.5 feet of the utility easement to be abandoned as a drainage structure is located in that area. Mr. Hill from PSO phoned last week to report that his surveyor had located a pole in the northerly portion of the easement and requested that the northerly 35' portion of the easement be maintained, in addition to the City's requested southerly 17.5 feet. Both of these portions of the easement to remain have been reviewed with Mr. Weir. A site plan of Elm Creek Mini - Storage is attached for your information and review. Mr. Weir has stated that it is his desire to change his site plan from covered parking along the west boundary line to additional mini - storage units. An amended site plan would need to be reviewed by the Planning Commission prior to construction. If the easement is closed, the applicant will have to carry out legal action to foreclose on the City's right to reopen the easement; other wise a cloud will remain on their title. This action is necessary and is handled as a "friendly" case. RECOMMENDATION: Staff would recommend approval of the easement vacation along the westerly 17.5 feet of Lot 5, Block 2, Elm Creek Commercial Corner, less and except the southerly 17.5 feet and the northerly 35 feet. ATTACHMENTS: 1. Plat map of Elm Creek Mini - Storage. 2. Area map. 3. Site plan for Elm Creek Mini - Storage. Elm Creek Commercial corner MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY D. ROONEY, CITY PLANNER SUBJECT: PLANNED UNIT DEVELOPMENT #10 ABANDONMENT DATE: February 1, 1994 BACKGROUND: The City of Owasso received a request from Kane Development Corporation, owners and applicants, for the abandonment of a previously approved Planned Unit Development located between 86th and 96th Streets North, just north and east of Lakeridge Addition. The property contained within the PUD was titled "Central Park" and was approved by the City of Owasso in December of 1992. A copy of the complete legal description is attached for your information and review. As you may recall, the Central Park Planned Unit Development changed the zoning from its original classification of RS -3 (Residential: Single - Family High Density) to allow single- family homesites of three different sizes, as well as a portion for duplex development. In addition to the residential development areas, a small area in the northwest corner of the subject property was intended for both commercial and office development (See OZ- 9401). If the Planned Unit Development is abandoned, an RS -3 zoning would result in all areas of the subject property except the commercial and office area north of Smith Elementary School. Due to several constraints (the applicant wanted a general area of commercial and office development in the northwest corner, staff desired a "hard" line so that concerns could be addressed regarding the proximity of the commercial area to the planned residential area and the school property, and the requirement of the zoning code for permitted uses within a PUD be consistent with the underlying zoning) staff required the applicant to process a separate zoning case for the commercial and office area in 1992 along with the PUD. Because of that separate case and an OL and CS zoning existing, staff required the applicant to submit a separate rezoning of that area to RS -3 as well. Again, this is to ensure that all areas would revert to the zoning which was in place prior to the PUD approval in December of 1992. With the RS -3 zoning being reinstated on all of the subject property, the applicant would be permitted to develop the subject site in a manner similar to the neighboring addition to the west ( Lakeridge). More recently, developers have indicated that the smaller homesites have once again become more popular than larger homesites which are currently flooding the market in the Owasso area. All necessary platting requirements would need to be met by the applicant prior to any development. At the November 1992 Planning Commission meeting, approximately 30 interested citizen's attended the meeting, a majority of which expressed concern over the proximity of the commercial area to Smith Elementary School and the duplex development. A copy of the conditions of approval for OPUD -10 are also attached for your review. The notice for the Planned Unit Development was published in the Owasso Reporter on Thursday, January 20, 1994. Letters were sent to abutting property owners within 300 feet of the subject site on the 19th day of January, 1994. Copies of each are enclosed within your packet for your information and review. Comments in support of the abandonment request have been received, no comments opposing the request were received. RECOMMENDATION: While the Planned Unit Development previously approved was an interesting and innovative concept for the development of this property, it is perfectly within the rights of the property owner to abandon this request and develop the subject property in a manner consistent with an RS -3 zoning district similar to the Lakeridge Addition. A density of homesite that would result from an RS -3 development is also within the confines of the Comprehensive Plan. Staff has met with the applicant at length regarding the new Subdivision Regulations and Design Criteria and the applicant is aware that the "new" documents will be applied to any development which would occur on this site. Staff recommends approval of the abandonment request for OPUD -10. ATTACHMENTS: 1. Legal description of property contained within OPUD -10(A) request. 2. Conditions of approval for OPUD -10. 3. Copy of subject property map. 4. Copy of legal advertisement from Owasso Reporter. 5. Copy of letter sent to abutting property owners. 6. Area zoning map. DENNIS L. HODO, P.E., INC. CONSULTING ENGINEER SUITE E -101, 8555N. 117T11 E. AVE. OWASSO, OK 74055 9181272 -7552 CITY OF OWASSO, OK CENTRAL PARK, OPUD -10 LEGAL DESCRIPTION 1 -10 -94 A tract of land located in the East Half (E 1/2) of Section 20, Township 21 North, Range 14 East of the Indian Base Meridian, Tulsa, County, Oklahoma, being more particularly described as follows: Commencing at the Northeast corner of said E 1/2 of said Section 20 thence S00 °11'36 "W, 1597.54'; thence N89°53'43 "W, 726.00'; to the point of beginning; thence S44 °39'01 "W, 249.41'; N89°33'20 "E, 359.80'; N63°51'59 "W, 120.68'; N21°15'19 "W, 140.83'; N23°28'14 "W, 143.28'; N31°22'46 "W, 156.40'; N56°52'53 "W, 85.43'; S41°24'59 "W, 116.13'; N56°52'53 "W, 30.32'; N41°24'59 "E, 13.76'; N16°06'39 "W, 225.73'; N39°38'11 "W, 300.00'; S50°21'49 "W, 854.96'; S00°29'02 "W, 397.86'; S89°46'21 "E, 428.47'; S22°08'06 "E, 653.97'; S03°10'39 "W, 130.00'; N89°46'21 "W, 40.00'; S00°13'39 "W, 140.00'; S24°39'06 "E, 189.44'; N73°10'14 "E, 376.43'; S16°20'16 "E, 15.09'; N88°15'08 "E, 129.56'; S01°44'52 "E, 25.00'; N88°15'08 "E, 177.11'; S04°04'30 "E, 135.37'; S35°51'05 "W, 144.22'; S24°27'44 "E, 140.00'; S05°39'19 "E, 213.83'; S33°51'05 "W, 144.22'; S57°08'51 "W, 179.44'; S84°58'01 "W, 190.31'; S55°27'58 "W, 79.06'; S11°39'10 "W, 80.00'; S30°49'28 "W, 98.26'; S56°32'11 "E, 170.76'; thence on a curve left (concave to the west) radius of 730.92' a length of 36.61' (chord of N34°42'27"E, 36.61'); thence S56°43'38"E, 187.86'; S35°57'53 "W, 159.431; N44°47'10 "W, 29.97'; S46°47'53 "W, 114.93'; S44°50'19 "E, 148.23'; S24°55'31 "E, 362.86'; S47°20'15 "E, 151.30'; S39°52'34 "E, 59.79'; N61°43'06 "E, 272.95'; N51°52'16 "E, 64.55'; S89°50'19"E, 969.70 N00°11 36"E, 2347.33 N89°53 43"W, 726.00'; N00°11'36 "E, 660.00'; to the point of beginning containing 119.02 more or less. Owasso Planning Commission Minutes of November 19, 1992 Page 3 5. OZ -91 PITTMAN -POE & ASSOCIATES (2014) - A REQUEST TO REZONE A TRACT OF LAND CONTAINING 12.69 ACRES, MORE OR LESS, FROM RS -3 (RESIDENTIAL SINGLE - FAMILY HIGH DENSITY) DISTRICT TO CS (COMMERCIAL SHOPPING CENTER) DISTRICT, GENERALLY LOCATED BETWEEN EAST 86TH STREET NORTH AND EAST 96TH STREET NORTH, JUST NORTH OF SMITH ELEMENTARY SCHOOL - The Chair introduced the case and the staff review was given by Tim Rooney. The subject site is located between 86th St N and 96th St N, just north of Smith Elementary School and contains approximately 12.69 acres. The tract is currently vacant and is zoned RS -3. It is bordered on the west and north by undeveloped land zoned AG & Highway 169, and on the south and east by Smith Elementary School and undeveloped land zoned RS -3. The tract is part of a proposed PUD under consideration. Following discussion, Charles Willey moved to approve providing the incorporation of a 150' wide buffer zone property line shared by the subject site and the residential by Dewey Brown. A vote on the motion was recorded as Charles Willey - Yes Dewey Brown - Yes Pat Imbriano - Yes Gary Wells - No Ray Haynes- Yes The motion carried 4 -1. the request for the rezoning to CS of OL zoning along the southeast development. Motion was seconded follows: 6. OPUD -10 PITTMAN -POE & ASSOCIATES (2014) - A REQUEST TO REZONE A TRACT OF LAND CONTAINING 115.42 ACRES, MORE OR LESS, FROM RS -3 (RESIDENTIAL SINGLE - FAMILY HIGH DENSITY) DISTRICT TO OPUD -10, GENERALLY LOCATED ON THE WEST SIDE OF 129TH EAST AVENUE BETWEEN EAST 86TH STREET NORTH AND EAST 96TH STREET NORTH - The Chair introduced the case and the staff review was given by Tim Rooney. PUD -10 is approximately 115.42 acres in size, a majority of which is undeveloped and zoned RS -3 with a small portion zoned AG. It is located between 86th St N and 96th St N, just west of 129th E Ave, and north and east of the Lakeridge subdivision. The plan calls for 12.6 acres of CS and OL zoning at the northwest comer of the site, 102.8 acres of residential development which would include 88 Executive Homesites and 91 Estate Homesites, and a 12.6 acre Duplex development area proposed for 60 units. Staff recommends approval of OPUD -10 subject to the following conditions: 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 the PUD, single- family detached lots and single - family attached (duplex) lots shall meet all the necessary requirements of a typical RS -3 or RD district respectfully. In addition, Commercial Owasso Planning Commission Minutes of November 19, 1992 Page 4 Shopping and Office Low Intensity Development shall meet all the necessary requirements of typical CS or OL districts unless specifically stated with the standards of the PUD. 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 if requested by the City Engineer. 6. That within the PUD, the maximum number of dwelling units shall not exceed 257 units. 7. Sidewalks be provided in all areas of the PUD. 8. That the minimum lot frontage line of any single - family detached lot shall be 30 feet. 9. That the minimum side yard of any single - family detached dwelling located on a corner lot be a minimum of 20 feet. 10. That all landscaping plans shall be reviewed and approved by the Owasso Planning Commission and installed prior to the occupancy of any buildings. 11. That the reference on Page 10 of the PUD text pertaining to a lien being placed on a Property Owner's Association members's "personal property" be changed to "real Property". 12. That the area of Commercial Shopping recommended for Low- Density Office District uses (150' wide area along the southeast border of the area designated for Commercial development) as a result of Case OZ -91 be reflected on the PUD Conceptual Development Plan. 13. No development within any of the Commercial /Office designated areas occur without the development of a primary access to that area. 14. Formal pedestrian access to the area listed as "Green Belt" and "Private Park" be incorporated at the time of Preliminary Plat. 15. Incorporation of pedestrian pathways to the developing commercial area to the south be strongly considered by the applicant at Preliminary Plat stage if lot layout permits. Owasso Planning Commission Minutes of November 19, 1992 Page 5 16. Prior to developing any or all of the Duplex, Commercial, or Low Intensity Office areas, a detailed site plan shall be submitted to and approved by the Owasso Planning Commission. The Planning Commission reviewed a presentation made by the applicant and received comments and questions from approximately 30 interested citizens. Following discussion, Charles Willey moved to approve OPUD -10 subject to staff and TAC recommendations listed above and the following three conditions: 1. No commercial development until the access road is completed from 86th St N to 96th St N. 2. A wall or solid fencing be erected to screen the commercial zone from Smith Elementary School. No bars, taverns, or adult -type business be allowed in the commercially zoned area. Motion was seconded by Dewey Brown and a vote on the motion was recorded as follows: Charles Willey - Yes Dewey Brown - Yes Pat Imbriano - Yes Gary Wells - Yes Ray Haynes- Yes The motion carried 5 -0. The meeting was recessed at 8:50 p.m. and reconvened at 9:00 p.m. 7. OLS -80 - OWASSO ECONOMIC DEVELOPMENT AUTHORITY (3114) - A REQUEST FOR A LOT SPLIT ON APPROXIMATELY 2.5 ACRES, GENERALLY LOCATED AT THE SOUTH END OF SOUTH CEDAR, OWASSO, TULSA COUNTY, OKLAHOMA - The Chair introduced the case and the staff review was given by Steve Compton. The subject tract is located at the south end of Cedar, 2.4 acres in size, vacant, recently zoned Il and owned by the Owasso Economic Development Authority. In 1990 the Planning Commission and City Council approved a Plat Waiver on this tract when it and some additional land to the south was proposed to be used as a National Guard Armory. Since Plat Waivers are not filed with the abstract, it is necessary that the tract be split and the deed stamped and executed by the Chairperson of the Planning Commission in order to clear the title. Following discussion, Pat Imbriano moved to approve the lot split. Motion was seconded by Charles Willey, and a vote on the motion was recorded as follows: CENTRAL PARK 96TH ST. NORTH DENNIS L. HODO, P.E., INC. CONSULTING ENGINEER 6666 N. 117TH A L7E. OFASSO, 0d 74055 272 -7552 VICINITY MAP Affidavit Of Public tion STATE OF OKLAHOMA, TULSA COUNTY Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the OTIAS SO REPORTER , a weekly Publiat" In the Owmo Ripol Owmao, Tuba County, Oldahorm, Jam may NOTICE TO THE PUBLIC OF A NEARING ON A PROPOSED AMEN0. KENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, APPLICATION:- OWA860 POPUD40Il1. OEVELOPYENy TEN (OPU0.13) NOUM b hereby given Ihat a pubk hearing wN be haN before the Oweeso PPlararbpat Cmmohin the Owasso Commonly C.o,w Owasso, oide ath day of Febuwy, 1904. At that time and Piece. OW- Mmalbn wig be ONo to the Proposed change of the 2wft ciaaY4albn Of the following described property: newspaper printed in the city of OVIASCO Atree[ a land bcat edin the EastH ai (EM .1 Section 20,Townehip21 Range 14 E.at d the IndNn bean MwtS n. Tuba County, OHahon A Tulsa County, Oklahoma, a newspaper qualified to �.1>Naecmeaetaluwc 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 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 publication and not in a supplement, on the following dates: JANUARY 20 ,199 4 Subscribed and sworn to before me this day of Tom Notary Public My Commission expires: March 20, 1997 PUBLISHER'S FEE $ 99.55 The General Location of the Property b BETWEEN SSTH AND 98TH STREETS, JUST NORTH AND EAST OF IAKERIDGE SUBDIVISION. The Proed zoning of the property In Plennod Unit Development approved In Dmaw6af Of 1192 b/ the City Of Owesao. The Proposed zoning, an ebam dorenerd at the PUD, If approved, MO revert the zoning to RS-3 (Rmidend.1 Sgtgfe -Ferny High Density), its odginei elavllkMbn. By abandoning the PUO, 11 eomrawolel and mu114famly dwelling oma wit no longer be pwml- ted b thin ama. AN Parson- hdarealed In this metier may be ProserA at the hearing and pro- Sent their objalbns W W eaguname fm any W M of that above m ftm in the event that such Proposed abandonment Is approved, In whole or In Pmt, by One Owasso Planning ConvHSabn, aaM Planning CcmMasbn shall aubmR b recannrondatbn to the City Concit of the City of Owasso Iw Ua mrm7dmatbn and action, as provided by law The CRY Ceundh review of the remnenendeflon of the Planning Cornrow elan III the Proposed amendment of the zoning ctmal cation shall beat a nwm*Q Won and place b be defemimd by the Caund, said Wormelbn to be avahbb hen the Ormmo City Flaw. A 0100 ahovdrg line Proposed Abandmunant axon,"n1m this notice. For more InbmaUM on the proposed abandonment anted the Owasso City P City Hag, 207 S. Ceder. "aso, Oldaheem 74OSS, e, phone (978) Dated al Owasso. Okbhwrw, this 17th day of January, 1994. Theft O.Roary city Planner . . EXHIBIT "A" NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE OF THE CITY OF OWASSO, OKLAHOMA APPLICATION: OWASSO PLANNED UNIT DEVELOPMENT TEN (OPUD -10) 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 8th day of February, 1994. At that time and place, consideration will be given to the proposed change of the zoning classification of the following described property: A tract of land located in the East Half (E /2) of Section 20, Township 21 North, Range 14 East of the Indian base Meridian, Tulsa County, Oklahoma, being more particularly described as follows: Commencing at the Northeast corner of said E/2 of said Section 20, thence S 00°11'36 "W, 1597.54'; thence N 89°53'43 "W, 726.00'; to the Point of Beginning; thence S 44°39'01 "W, 249.41'; N 89°33'20 "E, 359.80'; N 63°51'59 "W, 120.68'; N 21°15'19"W, 140.83'; N 23°28'14"W, 143.28'; N 31°22'46 "W, 156.40'; N 56°52'53 "W, 85.43'; S 41°24'59 "W, 116.13'; N 56°52'53 "W, 30.32'; N 41 °24'59 "E, 13.76'; N 16°06'39 "W, 225.73'; N 39°38'11 "W, 300.00'; S 50°21'49 "W, 854.96'; S 00°29'02 "W, 397.86'; S 89°46'21 "E, 428.47'; S 22°08'06 "E, 653.97'; S 03°10'39 "W, 130.00'; N 89°46'21 "W, 40.00'; S 00°13'39 "W, 140.00'; S 24°39'06 "E, 189.44'; N 73°10'14 "E, 376.43'; S 16°20'16 "E, 15.09'; N 88°15'08 "E, 129.56'; S01°44'52 "E, 25.00'; N 88°15'08 "E, 177.11'; S 04°04'30 "E, 135.37'; S 35°51'05 "W, 144.22'; S 24°27'44 "E, 140.00'; S 05°39'19 "E, 213.83'; S 33°51'05 "W, 144.22'; S 57°08'51 "W, 179.44'; S 84°58'01 "W, 190.31'; S 55°27'58 "W, 79.06'; S 11°396'10 "W, 80.00'; S 30°49'28 "W, 98.26'; S 56°32'11 "E, 170.76'; thence on a curve left (concave to the west) radius of 730.92' a length of 36.61' (chord of N 34°42'27 "E, 36.61'); thence S 56°43'38 "E, 187.86'; S 35°57'53 "W, 159.43'; N 44°47'10 "W, 29.97'; S 46°47'53 "W, 114.93'; S 44°50'19 "E, 148.23'; S 24°55'31 "E, 362.86'; S 47°20'15 "E, 151.30'; S 39°52'34 "E, 59.79'; N 61°43'06 "E, 272.95'; N 51°52'16 "E, 64.55'; S 89°50'19 "E, 969.70'; N 00°11'36 "E, 2347.33'; N 89°53'43 "W, 726.00'; N 00°11'36 "E, 660.00'; to the Point of Beginning containing 119.02 more or less. The General Location of the property is BETWEEN 86TH AND 96TH STREETS, JUST NORTH AND EAST OF LAKERII)GE SUBDIVISION. The present zoning of the property is Planned Unit Development approved in December of 1992 by the City of Owasso. The proposed zoning, an abandonment of the PUD, if approved, will revert the zoning to RS -3 (Residential Single- Family High Density), its original classification. By abandoning the PUD, all commercial and multi- family dwelling uses will no longer be permitted in this area. 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 abandonment 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 amendment of the zoning classification shall be at a meeting time and place to be determined by the Council, said information to be available from the Owasso City Planner. A map showing the proposed abandonment accompanies this notice. For more information on the proposed abandonment contact the Owasso City Planner, City Hall, 207 S. Cedar, Owasso, Oklahoma 74055, or phone (918) 272 -2251. Dated at Owasso, Oklahoma, this 17th day of January, 1994. Timothy D. Rooney City Planner SUBJECT BOUNDARIES FOR OPUD-10 (A) MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY D. ROONEY, CITY PLANNER SUBJECT: REZONING CASE OZ -9401 DATE: February 2, 1994 BACKGROUND: The City of Owasso received a request from Kane Development Corporation, owners and applicants, for the abandonment of a previously approved Planned Unit Development (See PUD #10 - Abandonment). Because there was an underlying and separate zoning case for commercial and office development as part of the PUD, staff recommended that the applicant also submit a rezoning request for that separate zoning case. The commercial and office rezoning consisted of a 12.69 acre area, directly north and northeast of Smith Elementary School. The subject property is bordered on the north and west by Highway 169 and undeveloped land zoned AG. East of the subject site is undeveloped land zoned OM. An area zoning map is attached for your review. As you may recall, staff had two primary concerns when reviewing the request to rezone this area from RS -3 to a commercial designation - Access to this area and an appropriate buffer. A copy of the staff report from the original zoning case is attached for your review. In 1992, staff indicated that designating this area for commercial development was not a bad idea, however we needed to be assured that this area would not develop until the access road was completed. Staff attached a condition to the PUD that the commercial area could not develop until the service road was constructed. In addition to that condition, staff also incorporated a 150 foot office buffer between the commercial area and the residential /school area. If OPUD -10 is abandoned, without a rezoning of this property back to RS -3, we would have an underlying zoning of OL and CS which could develop prior to any completion of the service road because we would no longer have the condition of the PUD. In order to prevent this from happening, staff feels it necessary to rezone this property to RS -3 (its original classification). Please note, staff's feelings have not changed regarding potential commercial or office development in this area and is likely to be supportive of a commercial /office zoning request at a later time providing the service road is completed. The notice for rezoning request OZ -9401 was published in the Owasso Reporter on Thursday, January 20, 1994. Letters were sent to abutting property owners within 300 feet of the subject site on the 19th day of January. No comments opposing this request have been received. RECOMMENDATION: Staff recommends approval of the rezoning from CS and OL to RS -3. ATTACHMENTS: 1. Area zoning map. 2. Legal Description of subject property. 2. OZ -91 Staff Report. SUBJECT BOUNDARIES FOR OZ-9401 DENNIS L. HODO, P.E., INC. CONSULTING ENGINEER SUITE E -101, 8555N. 117TH E. AVE. OWASSO, O %74055 918/272 -7552 CITY OF OWASSO, OK CENTRAL PARK COMMERCIAL PROPERTY OPUD -10 LEGF.L DESCRIPTION 1 -10 -94 A tract of land located in the East Half (E 1/2) of Section 20, Township 21 North, Range 14 East of the Indian Base Meridian, Tulsa, County, Oklahoma, being more particularly described as follows: Commencing at the Northeast corner of said E 1/2 of said Section 20 thence S00°11'36 'W, 1597.54'; thence N89°53'43 "W, 726.00'; S44°39'01 "W, 249.41'; N89°33'20 "E, 3501.80'; N63°51'59 "W, 120.68'; N21°15'19 "W, 140.83'; N23°28'14 "W, 143.28'; N31°22'46 "W, 156.40'; N56°52'53 "W, 85.43'; S41°24'59 "W, 116.13'; to the point of beginning thence; N56°52'53 "W, 30.32'; N41°24'59 "E, 13.76'; N16°06'39 "W, 225.73'; N39°38'11 "W, 300.00'; S50°21'49 "W, 854.96'; S00°29'02 "W, 397.86'; S89°46'21 "E, 428.47'; S22°08'06 "E, 74.44'; N41°24'59 "E, 718.89' to the point of beginning containing 12.69 acres more or less. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: TIMOTHY ROONEY CITY PLANNER SUBJECT: STAFF REPORT FOR OZ -91 DATE: November 23, 1992 BACKGROUND The subject tract is undeveloped, 12.69 acres in size, and is located between 86th and 96th Street North, just north of Smith Elementary and is currently zoned Residential Single- Family High Density District (RS -3). It is abutted on the south by Smith Elementary and the proposed "Central Park" subdivision (See OPUD -10). The subject property is bordered on the north and west by undeveloped land zoned AG and Highway 169. East of the subject site is undeveloped land zoned Office Medium Intensity District (OM). A case map is enclosed for your review. A review of the surrounding area finds that all land east of the subject site to 129th East Avenue is zoned for either office or commercial development. The Comprehensive Plan identifies this area as being suitable for Low Density Residential Development. However,. with the abutting zoning noted above, the 1978 Comprehensive Plan may no longer be appropriate. Staff's concerns when reviewing the applicant's request centered around two issues, (1) access to the proposed site and (2) whether the planned residential development to the south of the subject site would be adequately buffered from this commercial area upon development. Proper development requires a primary direct access to any proposed commercial development. This area is not yet serviced by a primary direct access. If OPUD -10 is approved by the Owasso City Council, a condition of the PUD would require the development of the service road from 86th Street North to 96th Street North prior to any development within the commercial area. This would then eliminate the problem of only one access to the area through the subdivision. Typical rezoning requests can not place conditions on approval, however this concern is addressed within the staff recommendations for OPUD -10. The site chosen by the applicant, however, is not necessarily a poor one. Upon development of the proposed service road abutting Highway 169 and development of the Commercial and Office Districts to the east, the inclusion of this property as a commercial service area is appropriate. However, with the proximity of a large residential development to the south, a potential for conflict exists. The staff review of this request has indicated the need for an appropriate buffer between the commercial zoned property and single family residences. Therefore, the incorporation of a 150 foot wide buffer district along the southeast property line shared by the subject property and the residential area to the south has been recommended. The zoning classification of that buffer is OL (Low Intensity Office) District. Included within this 150 feet would be a 50 foot portion of the 100 foot easement for the power lines (see subject map). Staff feels the incorporation of this OL zoning district within the applicants request would lend itself to be a more harmonious transition from Commercial development to Low Intensity Office development to Residential development rather than Commercial to Residential. The Owasso Planning Commission held a formal Public Hearing on this matter at their November 19th meeting. At that meeting, the staff case report was given, the applicant was given an opportunity to describe his request, and about thirty (30) members of the public attended, several expressed their concerns. After hearing all issues and discussing the matter, the Planning Commission voted to recommend to City Council approval of the rezoning request with the incorporation of the 150 foot OL buffer by a 4 -1 -0 vote. RECOMMENDATION The staff recommends Council approval of OZ -91 with the incorporation of a 150 foot OL buffer along the southeast property line. ATTACHMENT: 1. Location and Surrounding Zoning Map 2. Case Map