HomeMy WebLinkAbout1994.03.08_Planning Commission AgendaAGENDA PACKET
OWASSO PLANNING COMMISSION
MARCH 8, 1994
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PLANNING COMMISSION
TYPE OF MEETING: Regular
DATE: March 8, 1994
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 10:30 AM on February 22, 1994.
Timothy Rooney, (City
OWASSO PLANNING COMMISSION
REGULAR MEETING
Tuesday, March 8, 1994 7:00 PM
Owasso Community Center, 301.S. Cedar
AGENDA
Call to Order
Roll Call
Consider Approval of the Minutes of February 8, 1994 Regular Meeting.
PUBLIC HEARING
4. OPUD -12 Tuttle & Associates. Inc (1714) - A Request to Rezone a Tract of Land
Containing 160.83 acres, More or Less, from AG (Agriculture) District to OPUD -12,
Generally Located 1/4 mile North of 96th Street North, East of Garnett Road.
Preliminary Plat - Central Park Addition (20141 - A Request for a Review of the
Preliminary Plat for Central Park, an Addition to the City of Owasso, Tulsa County,
Oklahoma. Central Park is Generally Located Between 86th and 96th Streets North,
West of 129th East Avenue.
6. Preliminary Plat - Nottingham Estates (2114) - A Request for a Review of the
Preliminary Plat for Nottingham Estates, an Addition to the City of Owasso, Tulsa,
County, Oklahoma. Nottingham Estates is Generally Located West of Windsor Lake II
addition and South of Pleasant View Estates.
Owasso Planning Commission
AGENDA
February 8, 1994
INPUT HEARING
7. CZ -211 - Gordon E. & James L. Gerhardt (1614) - A Request to Rezone Approximately
19.4 Acres from AG to RS, Generally Located East of the Northeast Corner of E. 96th
Street North and 129th E. Avenue.
8. New Business.
9. Report on Planning Items Previously Forwarded to City Council.
10. Discussion of Development In and Near Owasso.
11. Adjournment.
OWASSO PLANNING COMMISSION
MINUTES OF REGULAR MEETING
Tuesday, February 8, 1994, 7:00 PM
Owasso Community Center
301 S Cedar, Owasso, Oklahoma
MEMBERS PRESENT
Ray Haynes
Gary Wells
Pat Imbriano
Charles Willey
MEMBERS ABSENT
Dewey Brown
STAFF PRESENT
Tim Rooney
Charlotte White
The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on January 31,
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. Roll Call
3. CONSIDER APPROVAL OF THE MINUTES OF JANUARY 11, 1994 - The
Commission reviewed the minutes of January 11, 1994. Charles Willey moved, seconded by
Gary Wells, to approve the minutes as written. A vote on the motion was recorded as follows:
Charles Willey - Yes
Gary Wells - Yes
Ray Haynes - Yes
Pat Imbriano - Yes
The motion carried 5 -0.
4. 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.
Mr. Rooney presented the report.
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.
Owasso Planning Commission
Minutes of February 8, 1994
Page 2
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. Wier.
Ray Haynes motioned to approve the request to vacate the easement. Charles Willey seconded
the motion.
A vote on the motion was recorded as follows:
Ray Haynes - Yes
Charles Willey - Yes
Gary Wells - Yes
Pat Imbriano - Yes
The motion carried 4 -0.
5. 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.
Mr. Rooney presented the report.
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 provide a separate zoning case for the
commercial and office area in 1992 along with the PUD. Because of that 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.
Charles Willey motioned to approve, seconded by Gary Wells. A vote on the motion was
recorded as follows:
Charles Willey - Yes
Gary Wells - Yes
Ray Haynes - Yes
Pat Imbriano - Yes
The motion carried 4 -0.
Owasso Planning Commission
Minutes of February 8, 1994
Page 3
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.
Mr. Rooney presented this item in conjunction with the Planned Unit Development
Abandonment. He explained that 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
homesites that would result from an RS -3 development is also within the confines of the
Comprehensive Plan.
Charles Willey motioned to approve, seconded by Pat Imbriano. A vote on the motion was
recorded as follows:
Charles Willey - Yes
Pat Imbriano - Yes
Ray Haynes - Yes
Gary Wells - Yes
The motion carried 4 -0.
7. New Business.
Mr. Rooney briefly discussed the 1/2 cent sales tax.
8. Report on Planning Items Previously Forwarded to City Council
Annexation was approved by the City Council. Design Criteria will not go to City
Council until 3 -1 -94.
9. Discussion of Development In and Near Owasso
Golf Course Development.
10. Adjournment - Gary Wells moved Pat Imbriano, Gary Wells seconded, to adjourn the
meeting. A vote on the motion was recorded as follows:
Owasso Planning Commission
Minutes of February 8, 1994
Page 4
Pat Imbriano - Yes
Gary Wells - Yes
Ray Haynes - Yes
Charles Willey - Yes
The motion carried 4 -0 and the meeting was adjourned at 7:50 p.m.
Chairperson
Secretary
Date
CITY OF OWASSO
Planning Department
OPUD -12
Staff Report
CONCEPT OF A PUD
The concept behind a Planned Unit Development is that it provides a creative alternative to a
conventional development where a particular tract is under common ownership or control,
and a detailed plan (Outline Development Plan) for the development of the tract as a unit is
proposed and submitted for public input and review. The PUD allows for greater creativity
and flexibility than could be achieved by traditional zoning in planning and development of
large parcels of land.
The PUD concept allows the developer to "collect or pick -up" all the developable floor area
allowed by the various parcels zoned commercial or office and all the lots allowed by those
parcels zoned single- family, and "place" them back onto the subject tract based upon an
approved master plan and text (including bulk and area standards) that considers the physical
conditions on and around the entire tract. However, it is important to note that no
commercial or office development areas are indicated in the Bailey Ranch Estates PUD.
The use of a PUD technique is a way to amend a zoning ordinance in accordance with a
complete coordinated plan of development for a larger parcel, rather than piecemeal the
changes by using variances of the zoning regulations.
BACKGROUND
Planned Unit Development #12 is 160 gross acres in size, all of which is undeveloped and
zoned AG (Agricultural). It is located 1/4 mile north of E. 96th Street North, east of N.
Garnett Road (old Highway 169). PUD #12 will lie northeast of the El Rio Vista Addition.
The subject tract is bordered by a rural subdivision on the East, while residential estate
zoning of larger tract sizes abut the property on the north and south boundaries of the
proposed PUD. The developer states the subdivision will "consequently enjoy the permanent
visual effects of a remote, secluded area."
The applicant is requesting approval of PUD supplemental zoning on the subject tract that .
would be developed in accordance with a submitted Outline Development Plan and Text.
The plan and text call for the development of a low density single - family community having
common open space and a private park system. It would consist of 436 homesites on "gently
to moderately rolling terrain with some mature trees."
OPUD -12
Staff Report
Page 2 of 7
STAFF ANALYSIS
The Zoning Code identifies that the Planning Commission shall conduct a public hearing and
shall determine:
(1) Whether the PUD is consistent with the Comprehensive Plan.
(2) Whether the PUD is in harmony with the existing and expected development
of surrounding areas.
(3) Whether the PUD is a unified treatment of the development possibilities of the
project site.
(4) Whether the PUD is consistent with the stated purposes and standards of the
PUD Ordinance.
(a) Permit innovative land development while maintaining
appropriate limitation.on the character and intensity of use
assuring compatibility with adjoining and proximate properties;
(b) Permit flexibility within the development to best utilize the
unique physical features of the
particular site;
(c) Provide and preserve meaningful open space;
(d) Achieve a continuity of function and design within the
development.
CONSISTENCY WrM COMPREHENSIVE PLAN
The Comprehensive Plan is implemented through the use of the zoning process. This means
that when zoning or PUD requests are presented to the Planning Commission and City
Council, they should be consistent with the Comprehensive Plan or logical reasons should be
presented to show that the plan needs to be amended.
The Comprehensive Plan designates the subject tract to be developed at a Rural Residential
Density. It would appear that the applicant's submittal of low residential densities and the
utilization of a large "private" park area within the development might not necessarily meet
the Comprehensive Plan Requirements, but also would not be in direct conflict with past
development trends. Certainly, one can reach the conclusion that the Owasso area has grown
OPUD -12
Staff Report
Page 3 of 7
leaps and bounds above what anyone would have anticipated. Therefore, the previous
Comprehensive Plan has proven to be outdated in certain areas within its study boundary.
Two forms of Single - Family Residential lots are proposed by the applicant. The majority of
the PUD contains typical RS -2 lots (75 x 140 or 75 x 130) with slight variation on corners,
cul -de -sacs and curved streets. The minimum lot area for an RS -2 zoned development would
be 9,000 square feet, while the average lot area for the PUD is 9,720 square feet. The
density permitted by RS -2 zoning would allow for up to 644 dwelling units - the applicants
are proposing 436.
A small portion of the PUD contains larger residential lots. The area of the subject tract that
abuts the larger tracts of RE land along the north and east contains lots averaging 150 x 157,
or 23,550 square feet, well over 1/2 acre average lot sizes. Staff views these lots as an
attempt by the developers to maintain the "rural" setting found along those perimeters, one
viewed to be a selling point of this addition. Staff feels the developer is successful in this
endeavor but would recommend that the larger lots designated for the perimeter areas should
not be altered to permit a smaller lot size.
Harmony With Existing and Expected Development
Any large development such as the proposed PUD is going to create rapid changes within a
community and new demands will be placed upon our existing infrastructure. It is important
to note, however, that in a community like Owasso, this growth would be likely to occur
regardless of this development. The PUD simply increases the demand for services more
quickly and thereby shortens the schedule for determining solutions.
In reviewing existing development, it would appear that the proposed PUD and subsequent
subdivision would be a logical expansion of residential development found to the southwest
in the El Rio Vista Addition. The City of Owasso is likely to see expanded residential
development within a mile of this site due to the Golf Course PUD.
Legal. Planning and Site Engineering
Concerns from the City of Owasso Engineering Department were noted regarding the ability
of the developers to service this property with sanitary sewer when the property was
reviewed for annexation. At this time, it appears the developers have reached an agreement
to purchase a necessary easement allowing the extension of the sanitary sewer to the west of
El Rio Vista Addition. This would tie into a major force main and would avoid the
controversial Ator facilities.
OPUD -12
Staff Report
Page 4of7
The subject property is still split, with the west half being serviced by the City of Owasso for
water, while the east half would be serviced by Washington County Rural Water District #3.
As it was a condition of the annexation, staff would also recommend that a condition of the
PUD be that all water lines installed meet the City of Owasso's standards, regardless of
whether or not they are located in the Washington County Rural Water District. Water
pressure would also need to meet the city's standards.
Internal street patterns and the proposed connections to any future development appear to be
of a logical and sensible pattern. The main entrance into Bailey Ranch Estates would appear
to act as a collector street and would connect to any future development to the east.
The developers have indicated a creative curvilinear street pattern that would eliminate
significant thru traffic with the exception of the main boulevard.
Unified Treatment of the PUD Subject Area
A review of the applicant's Illustrative Site Plan for "Central Park" finds an excellent
utilization of the project site. A large area in the north - central portion of the development
has been designated for a 9.28 acre private park area. As indicated within the text of the
PUD, the property owner's association of Bailey Ranch Estates would be responsible for the
maintenance of the park area as well as the landscaped entry. The developer intends to
install all landscaping in these areas in addition to playground and picnic equipment. All
equipment would be conveyed to the property owner's association for maintenance.
Included within the staff copy of the PUD text are 8 x 10 pictures of the proposed entrance,
playground equipment, trails and bridges, and typical homes found in another of the
applicants development projects - Union Station in Tulsa. These pictures will be available
the evening of the Planning Commission meeting for your information and review.
Neighboring Property Owner's Concerns
On Thursday, March 3, 1994, the developers conducted a meeting with adjacent and nearby
property owners at the Owasso Community Center. The meeting was attended by over thirty
concerned citizens who, after the applicant's presentation, had an opportunity to share their
concerns. Main concerns aired by the citizen's were comprised of the following:
* Fencing. Besides the decorative brick fencing along the frontage of N.
Garnett Road, no perimeter fencing was being proposed by the applicant. The
applicant stated that while they were not proposing any fencing at this time, it
could be possible and there would be strict standards within any covenants as
to what kind of fence would be permitted.
OPUD -12
Staff Report
Page 5 of 7
* Lot sizes along the north and east perimeter. Concerns were voiced that when
this was a county PUD, those lot sizes were to be 1 1/4 acre and now they are
between 1/2 and 3/4 of an acre. Rear building lines on these lots were also
discussed.
* Drainage. The applicants provided a drainage map of the area currently, as
well as what the conditions would be upon the completion. It was explained
that the city has strict standards regarding drainage and that the amount of
water that currently runs off the property would not be permitted to increase.
* Traffic. Citizen's had concerns regarding traffic patterns and speeding along
106th Street North. City Manager Rodney Ray explained the Council's recent
actions to alleviate danger at the N. Garnett Road and 96th Street North
intersection as well as directing staff to contact Chief Alexander to set up a
meeting with the necessary County personnel regarding speed enforcement
along 106th Street North, east of N. Garnett.
* Stub Streets. It was explained that stub streets were necessary in the
development process in order to eliminate the land - locking of any parcels.
The stub streets would be barricaded so as to prevent vehicles from entering
private property.
A copy of the sign in sheet for the meeting is attached for your information and review as
well as a letter from Lewis Harris, County Commissioner, favoring the developers proposal.
STAFF RECOMMENDATION
Staff has reviewed the proposal by the applicant and feels it is a solid one. While
neighboring property owner's have several concerns, I do feel the applicant has attempted to
address many of them. I also want to stress that the meeting set up for property owners to
air concerns was requested and implemented by the applicants.
While lot sizes along the north and east perimeter are smaller than what was proposed in the
county PUD, I feel they do present an adequate buffer. I think it is important to look at the
big picture rather than just a small portion. When one does this, I would hope that the
neighboring property owners are happier with a total of 436 homesites rather than well over
the 600 that could have occurred if developed according to the County PUD standards. Staff
would recommend, however, that the maximum dwelling units of 436 not be permitted to
increase.
OPUD -12
Staff Report
Page 6 of 7
The applicants proposed minimum rear setbacks of 20% of lot depth. Staff feels this is good
for the majority of the addition (130' lot depth would provide for a 26' setback), staff would
advise the Planning Commission to add "providing that a minimum rear setback shall not be
less than 25 feet" to the PUD development standards.
I do feel the property owner's concerns regarding a larger rear setback on the large perimeter
lots is justified. The setback on these lots, utilizing the 20% ratio, would be between 32 and
34 feet. Staff would recommend that these lot contain a building line on the rear of those
lots, and that building line be 50 feet. This would mean that no above ground structure,
other than a fence, should occupy the rear 50 foot portion of those lots.
Given the above analysis, it is the staff's opinion that OPUD -12 is consistent with the
Comprehensive Plan and the PUD Chapter of the Zoning Code and, therefore, staff
recommends approval subject to the following conditions:
(1) That the applicant's Development Text and Conceptual Development Plan be
considered to be the Outline Development Plan as required by the PUD Chapter of
the Owasso Zoning Code.
(2) That unless specifically set out in the standards and conditions of this PUD, single -
family detached lots shall meet all the necessary requirements of a typical RS -2
district.
(3) That a subdivision plat be approved by the Owasso City Council and filed with the
County Clerk's Office prior to the issuance of a building permit. Said covenants shall
incorporate all PUD standards and conditions of approval and make the City of
Owasso beneficiary.
(4) All conditions imposed by the Owasso Technical Advisory Committee for subdivision
plat approval be met as conditions of the PUD.
(5) A detailed drainage report be submitted by the applicant.
(6) That within the PUD, the maximum number of dwelling units shall not exceed 436
units.
(7) Sidewalks be provided in all areas of the PUD.
(8) That the minimum side yard of any comer lot be 25 feet.
(9) That the minimum rear yard setback of any lot within the addition be 20% of the lot
depth providing it is not less than 25 feet.
OPUD -12
Staff Report
Page 7 of 7
(11) That all landscaping plans for the entrances shall be reviewed and approved by the
Owasso Planning Commission and installed prior to the occupancy of any buildings.
(12) The larger lot sizes designated along the north and east boundaries of the PUD shall
not be altered to a smaller lot size.
(13) All water lines installed within the PUD boundary shall meet the City of Owasso's
standards. Water pressure shall also meet the City of Owasso's standards.
ATTACHMENTS /ENCLOSURES
1. List of nearby property owners who attended March 3, 1994 meeting with the
applicant.
2. Copy of letter sent to property owners within 300 feet of the request.
3. Letter from Lewis Harris, County Commissioner, favoring the developers proposal.
4. Copy of legal ad from the Owasso Reporter.
5. PUD text and maps.
City of Owasso
207 SOUTH CEDAR (918) 272.2251
P.O. BOX 180 FAX. (918) 272.4999
OWASSO, OKLAHOMA
74055
NOTICE TO PROPERTY OWNER
OPUD - 12
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 8th day of March, 1994. At that time and place, the Owasso Planning
Commission will consider a request from Tuttle & Associates Inc., applicants, for a proposed
change of the zoning classification from AG (Agriculture) to OPUD -12, which would allow
for the development of 436 low- density residential homesites on the following described
property:
The South Half of the Northwest Quarter (S2 NW4) and the North Half of the Southwest
Quarter (N2 SW4) of Section Seventeen (17), Township Twenty -one (21) North, Range
Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma.
The location of the property is 1/4 mile north of East 96th Street North, west of Garnett
Road.
As an abutting or nearby property owner, you are being notified so that you may be able to
express your views or concerns regarding this request. If you are unable to attend this
meeting, please forward any comments you may have in writing to the Owasso Planning
Department, 207 S. Cedar Street. These comments will be presented to the Planning
Commission members at the scheduled public hearing by Planning Staff.
Information and maps showing the property location may be inspected in the office of the
City Planner, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272 -2251. This is
your only personal notification of this request.
Dated at Owasso, Oklahoma, this 14th day of February, 1994.
Sincerely,
Timothy D. Roon
City Planner
City of Owasso
207 SOUTH CEDAR (
918) BOX 180 (918) 272 -2251
FAX. (918) 272 -4999
OWASSO, OKLAHOMA
74055
NOTICE TO PROPERTY OWNER
OPUD - 12
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 8th day of March, 1994. At that time and place, the Owasso PIanning
Commission will consider a request from Tuttle & Associates Inc., applicants, for a proposed
change of the zoning classification from AG (Agriculture) to OPUD -12, which would allow
for the development of 436 low- density residential homesites on the following described
property:
The South Half of the Northwest Quarter (S2 NW4) and the North Half of the Southwest
Quarter (N2 SW4) of Section Seventeen (17), Township Twenty -one (21) North, Range
Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma.
The location of the property is 1/4 mile north of East 96th Street North, west of Garnett
Road.
As an abutting or nearby property owner, you are being notified so that you may be able to
express your views or concerns regarding this request. If you are unable to attend this
meeting, please forward any comments you may have in writing to the Owasso Planning
Department, 207 S. Cedar Street. These comments will be presented to the Planning
Commission members at the scheduled public hearing by Planning Staff.
Information and maps showing the property location may be inspected in the office of the
City Planner, 207 South Cedar, Owasso, Oklahoma, 74055 or by calling 272 -2251. This is
your only personal notification of this request.
Dated at Owasso, Oklahoma, this 14th day of February, 1994.
Sincerely, n /
Timothy D. Roon
City Planner
Affidavit Of Publication
STATE OF OKLAHOMA, TULSA COUNTY, ss:
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, 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:
FEBRUARY 17 1199 4
Subscribed and sworn to before me this 17th
day of February 1994
Notary Public
My Commission expires: March 20, 1997
PUBLISHER'S FEE $ 62.15
Published In the Owasso Reporter . from a AG (Agriculture) District to
Owasso, Tulsa County, Okla- OPUD -12. The Planned Unit Dmol-
homa, February 17, 1994. opment, If approved, would allow
for the development of 436 low-
EXHIBIT 'A' density residential homesites on
the 160 acre trap. -
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 DEVELOP.
MENT TWELVE (OPUD -12)
Notice Is hereby given that a public
hearing will be hold before the
Owasso Planning Commission, in
the Owasso Community Center,
Owasso, Oklahoma, at 7:00 P.M,
on the 6th day of March, 7994.
At that time and place, considers-
- tlon will be given 19 the proposed
change of the zoning classilication
of the following described
properly.
The south Half of the Northwest
Quarter (S2 NW4) and the North
Half of the Southwest Ouaner (N2
SW4) of section Seventeen (17),
Township Twenty -one (2 1) North,
Range Fourteen (14) East of the
Indian Base Meridian, Tulsa Coun-
ty, stale of Oklahoma
The general location of the property
Is 1(4 MILE NORTH OF E. 96th
'STREET NORTH, EAST OF GAR.
-NETT ROAD.
To be considered Is a rezoning
At persons Interested In this matter
may be present at the hearing and
present their Objections to or argu.
ments for any or all of the above
matters.
In the event that such proposed
rezoning is approved. In whole or In
W. by the Owasso Planning Corn
mission, said Planning Commission
shalt 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 shelf be al a meeting time
and place to be determined by the
Council, said information to be
available from the Owasso City
Planner.
A map showing the proposed
rezoning accompanies this notice.
For more information on the pro-
Posed rezoning contact the Owas.
so City Planner, City Hall, 207 S.
Cedar, Owasso, Oklahoma 74055,
or phone (91B) 272 -2251.
Dated at Owasso. Oklahoma, this
141h day of February, 1994.
Timothy D. Rooney
City Planner
BAILEY RANCH ESTATES
BAILEY RANCH ESTATES
A PLANNED UNIT DEVELOPMENT
A RESIDENTIAL PROJECT BY NPS HALLMARK, INC.
PREPARED BY
TUTTLE & ASSOCIATES, INC.
5460 S. GARNETT, SUITE M
TULSA, OKLAHOMA 74146
918 - 663 -5567
FEBRUARY 02, 1994
1
TABLE OF CONTENTS
DEVELOPMENT CONCEPT
Master Site Plan
STATISTICAL SUMMARY
DEVLOPMENT STANDARDS
PROPERTY OWNER'S ASSOCIATION
PLATTING REQUIREMENT
EXPECTED SCHEDULE OF DEVELOPMENT
MAPS
Surrounding zoning
Topography Map
DEVELOPMENT CONCEPT
BAILEY RANCH ESTATES is a proposed Planned Unit Development (PUD)
comprised of 160 acres in Owasso. The property is located on the
East side of old Hwy 169 one quarter mile north of 96th Street N..
A PUD was approved on this tract, while in the County, through
TMAPC several years ago. The property has been recently annexed
into the City and the County zoning designation no longer applies.
BAILEY RANCH ESTATES is a low density single family community
having common open space and a private park system. BAILEY RANCH
ESTATES consists of 436 homesites that will blend, both
architecturally and stylistically, with the surrounding area. The
subdivision is characterized by gently to moderately rolling
terrain with some mature trees.
The subdivision is bordered by a rural subdivision on the East and
large agricultural tracts along the North and South boundaries of
the subdivision. Consequently, the subdivision will enjoy the
permanent visual effect of a remote, secluded area.
The subdivision will have three entrances from Garnett (Old Hwy
169). The middle entrance will have a 70 foot right of way to
accomodate a landscaped center median and decorative entry walls.
The north and south entrances will be 60 right of ways and will not
have a center median.
9
STATISTICAL SUMMARY
Project Area Gross
Right of Way for Arterial Streets
Park Area
Development Area Net
Total Dwelling Units
Average Lot Size
Average Floor Area of Dwellings
DENSITY PERMITTED BY R2 ZONING
160.83 acres
3.03 acres
9.28 acres
148.52 acres
436
9720 sq. ft.
2000 sq. ft.
10,875sf /du = (160.83 ac x 43560 sf / 10,875) = 644 Dwelling Units
OPEN SPACE CALCULATION
Req'd Open Space = 5,000 per du
Total Req'd 436 x 5,000 = 2,180,000 sq.ft.
OPEN SPACE PROVIDED
Typical Lot (9720 sq. ft.)
Building Coverage 1900 sq.ft.
Driveway 500 sq.ft.
Landscaped Yard 7320 sq.ft.
Total 9720 sq.ft.
AGGREGATE SUBDIVISION OPEN SPACE
436 lots x 7320 sq.ft. = 3,191,520 sq.ft.
Common Open Space (Park) 9.68 ac x 43560 = 421,661 sq.ft.
Total 3,613,181
4
DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS:
Permitted Uses
Maximum dwelling units
Minimum common open space
Area Requirements
Minimum Lot Size
Minimum Street Frontage
Minimum Front Yard
Minimum Rear Yard
Minimum Side Yards
Floor Area Minimum
Single Story Dwelling
1 1/2 or 2 Story Dwelling
single family detached dwellings
436
9.28 acres gross
9000 sq.ft.
72 feet
25 feet
20% of depth
10 feet one side
5 other side
1500 sq.ft.
1750 sq.ft.
PROPERTY OWNER'S ASSOCIATION
The property owner's association to be established at BAILEY RANCH
ESTATES will maintain the private park and the landscaped entry
ways. These areas are to be attractively landscaped with lighting,
and playground and picnic equipment installed by the developer and
conveyed to the property owner's association for maintenance.
Final documents of the Bailey Ranch Estates Property Owner's
Association will be filed with the final plat and will include the
maintenance agreement and other specific rights and requirements
for association members.
6
PLATTING REQUIREMENT
No building permit shall be issued until the property has been
included within a subdivision plat submitted to and approved by the
Owasso Planning Commission and the Mayor and City Council of the
City of Owasso and duly filed of record. Restrictive covenants
shall be established implementing of record the Development Concept
and Development Standards, and making the City of Owasso a
benificiary thereof.
EXPECTED SCHEDULE OF DEVELOPMENT
Development of the first phase of BAILEY RANCH ESTATES is
anticipated to commence upon approval and filing of the final plat.
3
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
FROM: TIMOTHY ROONEY, CITY PLANNER
SUBJECT: PRELIMINARY PLAT - CENTRAL PARK
DATE: February 27, 1994
BACKGROUND
The City of Owasso received a request to review the preliminary plat for Central Park Addition
in mid -January of 1994. Rather than process the zoning request and the preliminary plat for the
subject property concurrently, staff advised the applicant, Mr. Kane, to obtain the requested
zoning first. Staff did, however, permit the applicant to submit a preliminary plat to be
reviewed by the Technical Advisory Committee at that time.
The first phase of Central Park contains 44 residential lots on a 44 acre site and is located west
of 129th E. Avenue, north of E. 86th Street North and consists of one entry from 129th E.
Avenue. An additional entry from 129th E. Avenue is anticipated with future platting of the
remaining property. Central Park is zoned for RS -3 development as a result of the Planned Unit
Development abandonment last month.
As stated previously, the Technical Advisory Committee reviewed the preliminary plat at their
January 26, 1994 meeting. At that meeting, the applicant was provided a list of all staff
comments regarding the plat. In addition to staff comments, several utility representatives also
provided easement requests. A list of all comments, both city and utility staff, are included for
your information and review.
The most prominent of staff concerns centered around two items. The first one was a street off-
set of under 150 feet. The new subdivision regulations, while not yet adopted by City Council,
require a minimum off -set of street center lines to be 150 feet. Mr. Kane was informed at the
application stages that he would be expected to meet the criteria contained within the proposed
regulations. The second, consisted of the installation of acceleration and deceleration lanes along
129th E. Avenue to ease congestion (similar to Brentwood Estates). Both of these concerns, as
well as all other concerns regarding the plat have been met by the applicant and are included on
the enclosed Central Park preliminary plat.
The construction plans had several changes to be made as well, but nothing that should preVENT
the Planning Commission from approving the plat through the preliminary process. All
corrections requested by staff will need to be addressed prior to final plat application. A copy
of the construction plans are available in my office, and will be available the evening of March
8, 1994 for review.
RECOMMENDATION
Having had all plat comments addressed by the applicant, staff is recommending approval of the
preliminary plat of Central Park Addition.
ATTACHMENTS
Technical Advisory Committee comments from January 26, 1994.
ENCLOSURE
1. Preliminary plat for Central Park Addition.
2. Proposed covenants for Central Park Addition.
PRELIMINARY PLAT REVIEW - CENTRAL PARK
PLAT COMMENTS
1. 11' U /E's are needed on the rear lot lines of all lots.
2. The Center Line off -sets for the streets between Block 1 and Block 2 and
Block 3 and Block 4 need to be off -set a minimum of 150 feet. Currently
they are off -set by approximately 100 feet.
3. A turn around is needed at the west end of the entrance street.
4. The rear dimensions on Lots 3 and 4 of Block 4 do not match the perimeter
measurements.
5. Lot 24 of Block 1 is missing a dimension.
6. The north property line of Block 1 does not match the perimeter dimensions.
7. Acceleration and Deceleration lanes are required on 129th E. Avenue.
8. The south and west property lines will eventually be back to back lots and
should be 11' easements. An additional 11' easement should be recorded by
separate instrument along the south and west.
9. Off -site easement for sewer to Lakeridge must be shown on the plat and
recorded by separate instrument.
10. Limits of no access should be extended around the radius of the entry and
continuing a distance of 50 feet.
11. Show all other additions in Section 20 on the location map, not only those
selected.
12. Provide a lot area sheet for all lots on the plat.
13. Southwestern Bell Telephone needs to service this area from the west
( Lakeridge). This will be resolved between Mr. Hodo and Mr. Sewell.
14. 5' easements were requested along the following shared lot lines:
Lots 15 & 16, Block 1
Lots 10 & 11, Block 1
Lots 23 & 24, Block 1
Lots 5 & 6, Block 2
Lots 1 & 2 , Block 2
CONSTRUCTION PLAN COMMENTS
I. Off site sewer to Lakeridge needs an easement recorded.
2. Why does the proposed off -site sewer jog?
3. Existing MH shown at the west end of the off -site easement for the sewer
needs locations.
4. Water and Sewer plans need to be completed.
5. What are the dimensions of the entry island? Will enough distance be
provided for movement of large vehicles (i.e. school bus, fire, etc.)?
6. WATER PLANS (Water mains should be white C900)
- Fire hydrant locations should be shown 'as well as the reflective
turtles marking the fire hydrants in the street
- Add Water Valves
- Air Relief Valves if needed
- Long Service Taps should be provided (shown on plan sheet)
- All crossings need to be sleeved (shown on plan sheet)
- Water mains should be on the East and South side of all streets
7. SANITARY SEWER (Sewer mains should be green SDR 35)
- Profiles should be provided for all Sanitary Sewer
- Flow Lines /Grades
- What is the sewer capacity at Lakeridge and what will you be
adding to it. Provide calculations to support the development.
- All Sanitary Sewer taps should be sleeved separately.
- No Benchmarks are shown.
- No profiles for street or utility crossings are shown. (7 of them)
8. STORM SEWER
- Drainage map is needed.
- Table needs to show both Q5 and Q100
- No Benchmarks
- No Grades
- What kind of end structures
- The structure at the entrance on 129th is unidentified.
9. PAVING & DRAINAGE
- On site detention is needed
- A soils report should be provided for pavement
- No doweled curbs are permitted - monolithic only (curb & gutter
section together
- No key way on detail sheet
— Typical pavement section designed from soils report
recommendation
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
FROM: TIMOTHY ROONEY, CITY PLANNER
SUBJECT: PRELIMINARY PLAT - NOTTINGHAM ESTATES
DATE: February 28, 1994
BACKGROUND
The City of Owasso has received a request for review of a preliminary plat for Nottingham
Estates. Nottingham Estates is a proposed 46 lot residential addition located on a 26.49 acre
tract. The subject tract is located east of Windsor Lake II Addition, south of the Pleasant View
Estates addition which is located in Tulsa County. Current access to the subject property would
be via 96th Street North through the Pleasant View Addition.
The Technical Advisory Committee reviewed the preliminary plat at their February 23, 1994
meeting. At that meeting, the applicant was provided a list of all staff comments regarding the
plat and construction plans. In addition to staff comments, several utility representatives also
provided easement requests.
City staff had two maior concerns when reviewing the plat and construction plans. The first
concern was to ensure that access was provided to this addition via any future developing
property to the west or south (Camden Park II). Without any access being provided from the
west or south, this addition would theoretically be a long cul -de -sac. For the safety of any
residents that would occupy this addition, staff required an access to the south or west.
The second concern regarding the plat centered around how the property would be served with
sewer. It would appear at this time that sewer service would need to be provided via a line to
the Brentwood Estates lift station, and not through the Windsor Lake II /Barrington Point
infrastructure. This concern is unresolved at this time and would need to be finalized prior to
any approval of a final plat. A list of staff concerns regarding the plat and construction plans
has been attached for your information and review.
City staff did receive a letter signed by 16 of the 18 property owners of Pleasant View Estates
requesting that the applicant utilize a construction entrance on his own property east of their
addition in order to "preserve the peace and tranquility of our neighborhood and most
importantly the structural integrity of our streets." Upon further review, staff views this request
as a safe guard measure. Because the Pleasant View Addition is not within the city limits and
any damage that could result to the additions streets during infrastructure construction (i.e.
water, sewer, streets) could be substantial from the types of vehicles utilized, staff would
encourage the Planning Commission to attach this recommendation to their approval. A copy
of the letter from Pleasant View residents is enclosed for your information and review.
The enclosed plat includes all of staff's recommendations as well as all utility representatives.
The construction plans, while obviously needing modification, should not prevent the Planning
Commission from approving the preliminary plat at this time as all construction plan
modifications will need to be met prior to final plat application. A copy of the construction
plans are available in my office, and will be available the evening of March 8, 1994 for review.
RECOMMENDATION
Having had all plat comments addressed by the applicant, staff is recommending approval of the
preliminary plat of Nottingham Estates with the recommendation that the developer utilize a
construction entrance to the subject property by way of property owned by the applicant to the
east of Pleasant View Estates.
ATTACHMENTS
1. A copy of staff comments regarding Nottingham Estates.
2. Proposed covenants for Nottingham Estates Addition.
3. Letter from Pleasant View Estates lot owners.
ENCLOSURE
1. Preliminary plat for Nottingham Estates Addition.
MEMORANDUM
TO: THE OWASSO TECHNICAL ADVISORY COMMITTEE
FROM: TIMOTHY ROONEY, CITY PLANNER
SUBJECT: ENGINEERING, PUBLIC WORKS, AND PLANNING COMMENTS
FOR FEBRUARY 23, 1994 TAC MEETING
DATE: February 22, 1994
PRELIMINARY PLAT REVIEW - NOTTINGHAM ESTATES
PLAT COMMENTS
1. Streets shown on plat are labeled incorrectly. N. 138th E. Ave should be N.
136th E. Ave., N. 136th E. Ave should be N. 135th E. Ave., and N. 139th
E. Ave. should be N. 137th E. Ave.
2. The right -of -way width for N. 136th E. Avenue should be reflected as 60
feet rather than 50. N. 136th E. Avenue has a 60' right -of -way in the
Pleasant View Addition and this should remain constant until the intersection
of E. 93rd St N.
3. The building line abutting N. 136th E. Ave on Lot 1 of Block 1 and Lot 6
of Block 3 should be 25', again to remain consistent with what is found in
Pleasant View along that street.
4. 10' building lines should be added to the south lines of Lots 6 & 14 of Block
2 and the north lines of Lots 5 & 15, Block 2 abutting the park access area.
5. The point of beginning needs to be shown.
6. Covenants are needed.
CONSTRUCTION PLAN COMMENTS
Show bench mark on all applicable sheets.
2. On sheet 2, no mountable curb is allowed. Sidewalks do not need to be
shown unless there is a unique situation that needs approval.
3. On sheet 3, show existing structure from Windsor Lake II and where it
discharges into this subdivision. Show how you plan to tie storm sewer
structure from Windsor Lake II to proposed LINE "E "? Add Q5, etc to
table. What are the plans for the existing pond? Need to see a drainage
report. It would be best to show proposed storm sewer within road r /w.
Finish storm sewer structure summary table.
4. On sheet 4, NO ADS pipe under roadway or within road r/w will be
allowed. Staff policy states ADS pipe from 15" to 24" will be allowed, all
other sizes are not allowed. Show all utility crossings. Indicate what is to
happen with proposed pavement at the ends where the profiles are terminated
and when the pavement is shown below the existing ground. Show what all
lines represent. State and show fill areas and note fill areas to be 95% SPD.
Indicate all structure sizes and types.
5. On sheet 5, show and state how water will tie to other areas outside of
platted area. Put FH rather than blow -offs at the end of all lines. Show all
valves as well as provide a legend for symbols. Move N/W FH from corner.
At N/E corner, have a 90 degree bend only. Make sure overall sizes of
water lines conform to surrounding areas. Show dimension of where water
is planned to lie in relationship to property lines, etc. Show long service
taps.
6. On sheet 6, keep sanitary sewer in its standard location with respect to other
joining utilities. There is a good possibility that additional MH's and LH's
will be needed. Low in for collection of sanitary sewer is near the S/W
corner, where is sewer to go from that point? If park area is to be used for
detention area, all tops of MH's will need to be high enough to not allow
infiltration due to flooding. Show service taps.
7. On sheet 7, indicate what all lines represent. State minimum coverage.
Make sure all velocities do not exceed Ups on sewer lines. Show sleeves at
all crossings. May need an ARV near station. 25 +50 on water profiles.
Indicate all fill areas on profiles.
8. On sheet 8, show bedding material above all pipe to at least 4 inches. No
key ways are needed. If cold joints are planned, dowel them. In "typical
pavement section" no dowelled on curb will be allowed, and thickness of
pavement shall meet minimum of 6" (soils report shall determine proper
thickness of pavement and subgrade preparation due to characteristics of the
soil).
9. Add turnarounds upon own property if adjoining owners have not developed
by the time construction plans have been approved.
10. On sheet 9, remove shore comment in sewer tap detail.
CONDITIONS AND RESTRICTIONS
Nottingham Estates is an area of distinctive landscape and
natural beauty. It is the desire and intent of the Developer to
create a community in which such beauty shall be substantially
preserved and enhanced by the creation and enforcement of
development standards.
The Developer, desiring to establish a compatible system of
development and preserve the character of Nottingham Estates,
does hereby declare and establish the following Restrictions,
Conditions and Protective Covenants, to which all properties in
this Addition are subject:
1. LOT USE. Premises are conveyed and shall be used only
for residential single - family purposes. No lot shall be used for
any business, commercial or manufacturing purpose. No lot may be
subdivided to accommodate two or more separate owners or
dwellings. No structure shall be placed, altered, erected or
permitted to remain on any lot which exceeds two (2) stories in
height. No dwelling may be moved into Nottingham Estates.
2. DWELLINGS. No structure of a temporary character may
be used as a residence. No mobile home shall be moved into or be
present in Nottingham Estates. Unless waived by the Developer in
writing, the following standards shall apply to all dwellings in
the Addition.
A. Dwelling Size. All dwellings shall have a minimum
living space of at least 2,500 square feet.
Square footage shall be computed on measurements
over frame of the living space exclusive of
porches, patios, and garages.
B. Masonry. All dwellings shall have at least fifty
percent (50 %) of the exterior walls thereof
comprised of brick or stone; provided, however,
that the area of all windows and doors located in
the exterior walls shall be excluded in the
determination of the area of said exterior walls.
In all cases; the masonry shall extend to the
ground line, whereby the foundation shall be
concealed. Any deviation of exterior construction
materials shall be permitted only upon the written
consent of the Developer.
C. Garages. All dwellings shall have attached garages
suitable for accommodating a minimum of two (2)
standard size automobiles. All garages shall be
accessed by an overhead garage door. No glass, plastic or
other transparent material shall be permitted for use in the
overhead garage door. Carports shall not be permitted.
D. Driveways. All driveways into a lot from any street shall be
constructed of concrete and shall not be less than fourteen
(14) feet in width. Must be located at least five (5) feet
from lot line. No curb cuts shall be permitted.
E. Mailboxes; Chimneys. All mailboxes shall be furnished by
Developer and installed in uniform fashion. All chimneys in
the front hair of the house shall be 100% masonry conforming
to the dwelling.
F. Roof. The roof of the dwelling shall have a pitch of at least
6 /12th over seventy -five percent (75 %) of the total roof area
and none of the roof area shall have a pitch of less than
51/12th. Roof must be laminated, Heritage II shingles,
weathered wood in color or equal to.
G. Sodding; Landscaping. The front yard of each lot must be
fully sodded (80% of total yard) and have a professionally
deigned landscape package in the front yard prior to
completion of the construction of any residence.
3. AfrROVAL OF PLANS. For the purpose of further insuring the
development of Nottingham Estates as an area of high
standards, the Developer reserves the power to control the
buildings, structures and other improvements placed on each
lot, as well, as to make such exceptions to these Covenants as
the Developer shall deem necessary and proper. In its review
of plans or consideration of any request for waiver herein
authorized, the Developer may take into consideration the
nature and character of the proposed building or structure,
the materials of which it is to be built, the availability of
alternative materials, the site upon which it is proposed to
be constructed, and the harmony thereof with the surrounding
area.
The Developer shall not be liable for any approval,disapproval
or failure to approve hereunder, and its approval of building
plans shall not constitute a warranty or responsibility for
br_iilding methods, materials, procedures, structural design,
grading or drainage or code compliance. The approval,
disapproval or failure to approve of any building plans shall
not be deemed a waiver of any restrictions, unless the
Developer is herein authorized to grant the waiver.
No residence, accessory structure, fence, wall or
mailbox shall be erected, placed or altered on any lot
in the Addition until the plans and specifications
thereof have been approved in writing by the Developer.
The required plans and specifications shall be
submitted to the Developer in duplicate and shall have
the following exhibits attached thereto.
A. Site plan showing the location and orientation
of all improvements;
B. Full working drawings with floor plan and all
elevations;
C. Specifications identifying all. exterior
materials to be used. Submission of the
color scheme for all exterior materials may
be deferred until such time as is at least 10
days prior to application of said materials;
In the event the Developer fails to approve
or disapprove any such plans, specifications,
color scheme, details and site plans
submitted to it as herein required within 10
days of such submission, all Covenants shall
be deemed to be fully complied with.
4. Homeowners' Association. A Homeowners' Association,
known as "Nottingham Estates Association," an Oklahoma
corporation, has been established pursuant to 60 O.S. 1991 §851,
et seq., to maintain the park area, the entry way and the reserve
areas and for such other purposes as shall be deemed advisable.
All lawful acts, if any, of Nottingham Estates Association, made
under and pursuant to its Certificate of Incorporation and By-
Laws shall be binding upon the lets contained in Nottingham
Estates and the owners thereof. Membership in the Association
shall consist of all owners of lots in the Addition and of such
additional property designated by the Developer.
Annual assessments of $100 shall be made on a per lot basis.
Such assessments may be increased five percent (5 %) per year by
the Board of Directors of the Association and up to ten percent
(10 %) per year upon the affirmative vote of two /Ithirds of the
owners of lots in the Addition. Such assessments shall be a lien
upon the lot assessed. Any such lien may be foreclosed by the
Association and the lot owner shall be responsible for all costs
and attorney fees incurred by the Association in connection such
suit. No lot shall be entitled to more than two (2) votes,
regardless of the number of owners.
5. Park Area; Reserve Areas. The areas designated on the
Plat as "Reserve Areas" and the "Park Area" are hereby reserved
by the Developer for later conveyance to the Nottingham Estates
Association. The Developer hereby grants to the Association a
license in the Park Area and Reserve Areas for the common use and
benefit of the various lots with Nottingham Estates in
consideration thereof, inspection and maintenance of the Park
Area shall be performed by the Association in accordance with the
following standards:
A. The grade of all banks and side slopes shall not
be altered from the finished grade elevation shown
on the Grading Plans and Specifications approved
by the City of Owasso (The "City ") or its staff or
such agency or department as it may designate.
B. Areas covered by grass within the Park Area shall
be mowed in season at regular intervals.
C. Concrete appurtenances to the Park Area and
Reserve Areas shall be maintained in good
condition and replaced if damaged. The Park Area
shall be kept free of trash and debris.
D. Trickle channels, if any, within the Park Area
shall be clean of siltation and vegetation.
E. Maintenance of the Park Area shall be the
responsibility of the Association except that the
City, its employees or agents, at their
discretion, have the right to enter upon said
easements for the purpose of improving and/or
maintianing the same.
The Park Area and facilities shall be maintained by the
Association at its cost in accordance with the standards
prescribed herein. In the event the Association shall fail
to adequately and properly maintain the Park Area and
facilities, the City or its designated contractor may enter
upon such area, perform such maintenance and the cost of
performing such maintenance. shall be paid by the owner of
such property. In the event such owner fails to pay the
cost of such maintenance or any part thereof within thirty
(30) days after completion of such maintenance, such costs
shall be payable by the owners of the lots within Nottingham
Estates and shall be a lien against the Park Area and each
lot within Nottingham Estates which may be foreclosed by the
City. The City may waive or release any lien imposed by it.
All owners shall show common courtesy and respect in the use
of the Park Area. The owners of lots in Nottingham Estates "
acknowledge that they have and accept the sole duty to
protect and safeguard the life, health, safety and property
of themselves, their families and guests in connection with
the use of Nottingham Estates and its improvements and, by
accepting a Deed to property in Nottingham Estates, release
the Developer and its agents from all claims for damages
relating thereto.
6. Outbuildings. All tool sheds, hobby rooms, or other
outbuildings shall conform to the basic architectural styling of
the dwelling and shall satisfy the masonry requirement of
Paragraph Two (2) and the plans of Paragraph Three (3).
7. Fences. No fence or wall shall be erected, placed or altered
on any lot nearer to the street than the minimum set -back lines
established herein. No fence shall be erected on any lot closer
to any street than the main structure without the written approval
of the Developer, and no fence on any lot shall exceed six (6)
feet in height. No chain link fences shall be permitted without
the written permission of the Developer. Fences, if erected, must
be approved by the Developer.
8. Animals. No animals, livestock, or poultry of any kind shall
be kept on any lot except for a total of three (3) household pets
and the suckling young of said animals; provided that no more than
two (2) adult dogs shall be maintained on any lot. Animals shall
not be kept, bred or maintained for any commercial purposes and
shall not be permitted on any lot which does not contain a
dwelling being used as a residence. All animals must be fenced in
or kept on a leash. Animals shelters shall be screened from view
from any street unless built in conformity to the requirement for
outbuildings herein.
9. Storage. No outside storage or keeping of building materials,
tractors, mowers, equipment, implements or salvage shall be
permitted. Building materials may be stored for a period of
thirty (30) days prior to the start of construction. Construction
shall be completed within nine (9) month after the pouring of the
footing.
10. Vehicles, Motorcycles. No vehicle, motorcycle, motor bike,
camper, trailer or boat, whether or not operable, (collectively
referred to as "Vehicles ") shall be kept, parked, stood or stored
for more than forty -eight (48) hours during any seventy -two (72)
hour period, except; in a garage or screened from view in the rear
yard. Vehicles shall not be kept, parked or stood on the yard.
Residents' vehicles shall not be parked or stood in any street.
11. Antennae. No television, radio, or other antennae or
reception devices shall be constructed or maintained on any lot
without the written approval of the Developer.
12. Signs. No sign of any kind shall be displayed to the public
view on any lot. Except one sign of not more than five (5) square
feet advertising the sale or rent of said property, or signs used
for the purpose of campaigning for a result in any political
election or issue or by the Developer or builder to advertise the
property during the construction and sales period, unless approved
in writing by the Developer.
5
13. Limits of No Access. The Developer relinquishes rights
of vehicular ingress to or egress from any portion of the
Addition adjacent. to East 96th Street North within the bounds
designated as "Limits of No Access" on the Plat. These
limits of no access may be amended or released by the City,
its agents, successors or assigns or as otherwise provided by
law.
14. Set Back Lines. No buildings, outbuildings, structures,
or parts thereof shall be constructed or maintained on lots
nearer to the property lines than the set -back lines provided
herein or shown on the accompanying Plat. Unless otherwise
provided by easement or set -back lines show on the
accompanying Plat, the minimum building set -back lines for
dwellings or other outbuildings structures shall be:
Front Yard 30 feet
Side Yard 5 feet
Other Side Yard 10 feet
Back Yard 25 feet
On all lots where there is both a thirty foot set -back
line and fifteen foot set -back line adjacent to the
public street, the portion of the lot containing the
thirty foot set -back shall be considered the front yard
and the dwelling shall face this portion of the lot.
15. Drainage; Easements. No trees, shrubs or seedlings of
any form shall be placed in drainage easements except certain
grasses normally used for lawn purposes. No obstructions
shall be placed or permitted to remain in any of the
designated drainage -ways that would hinder or restrict the
free and voluntary flow of stream water from its intended
passageway.
16. Electric, Telephone, Cable Television Service. In
connection with the installation of underground electric,
telephone and cable television services, all lots are subject
to the following:
A. Overhead pole lines for the supply of electric
service, telephone and cable television service may
be located along the east and west property lines of
the Addition. Street light poles or standards may
be served by underground cable, and elsewhere
throughout the Addition, all supply lines shall be
located underground in the easement ways reserved
for general utilities and streets shown on the Plat.
Service pedestals and transformers as sources of
supply at secondary voltages, may be also located in
such easement ways.
2
B. Except to houses on lots described in Paragraph
(A) above, which may be served from overhead
electric service lines, telephone lines and cable
television cables, underground service cables to
all houses which may be located on all lots in
said Addition may be run from the nearest service
pedestal or transformer to the point of usage
determined by the location and construction of
such house as may be located upon each said lot;
provided that upon the installation of such a
service cable to a particular house, the supplier
of electric service, telephone or cable television
service shall thereafter be deemed to have a
definitive, permanent, effective and exclusive
right -of -way easement on each lot covering a five
foot strip extending 2.5 Feet on each side of such
service cable extending from the service pedestal
or transformer to the service entrance on said
house.
C. The suppler of electric, telephone, and cable
television service through their proper agents and
employees shall at all times have the right of
access to all such easement ways shown on the
Plat, or provided for in this Dedication for the
purposes of installing, maintaining, removing, or
replacing any portion of said underground
electric, telephone, or cable television so
installed by it.
D. The owner of each lot-shall be responsible for the
protection of the underground electric, telephone
and cable television facilities located on his
property and shall prevent the alteration of grade
or any construction activity which may interfere
with said electric, telephone or cable television
facilities. The Company will be responsible for
ordinary maintenance of underground electric,
telephone, or cable television facilities. But
the owner will pay for the damage or relocation of
such facilities caused or necessitated by acts of
the owner, its agents or contractors.
E. The foregoing Covenants concerning underground
electric, telephone and cable television
facilities shall be enforceable by the supplier of
electric, telephone or cable television service,
and the owner of each lot agrees to be bound
thereby.
17. Water; Sanitary Sewer. Owners shall be responsible for
the protection of the public water mains and sanitary sewer
facilities located on their lots and shall prevent the alteration
of grade in excess of three feet from the original contours or
any construction activity which may interfere with said
facilities. Said alteration of grade restrictions shall be
limited to easement areas.
The City shall be responsible for ordinary maintenance of
public water mains and public sanitary sewer facilities, but the
owner will pay for damage or relocation of such facilities caused
or necessitated by acts of the owner or his agents or
contractors.
The City shall have the right of access with its equipment
to all easement ways shown on Plat, for installing, maintaining,
removing or replacing any portion of the underground water and
sewer facilities.
The foregoing Covenants concerning water and sewer
facilities shall be enforceable by the City, and the owner of the
lot agrees to be bound hereby.
18. Sanitary Disposal. No outside toilets shall be allowed
in Nottingham Estates and all sanitary arrangements must comply
with local and state health requirements.
19. Waste. No lot shall be used or maintained as a dumping
ground for rubbish, trash, garbage or other wastes. All waste
shall be kept in sanitary containers and all equipment for
storage or disposal of such material and all lots shall be kept
in a clean, neat and orderly manner. Lots and all easements
thereon shall be kept clean, neat and mowed to the street. All
waste containers must be removed from the curbside and screened
from roadway view within 18 hours after refuse collection
vehicles empty the containers.
20. Nuisance. No noxious or offensive trade or activity
shall be carried on upon any lot, nor shall anything be done
thereon which may be or become an annoyance or nuisance to
Nottingham Estates.
21. Compliance with Code. All lots are subject to the
uses, restrictions and requirements of the Code of the City of
Owasso.
22. Enforcement. Enforcement to restrain or to recover
damages for violation of the Covenants may be brought by the
Developer or an owner of any lot or having any interest therein,
whether acting jointly or severally. The Developer and
Nottingham Estates Association shall not be obligated to enforce
any Covenant or restriction through legal proceedings or
otherwise.
23. Remedies. If any person shall violate or attempt to
violate any of the Covenants, Conditions or Restrictions herein,
any person owning any real property in Nottingham Estates shall
have standing to prosecute any proceedings at law or in equity
against the person violating the same to prevent the violation or
to recover damages for such violation. In any action brought to
enforce any provision hereof, the Developer or the Association,
if the prevailing party, shall be entitled to an award of
attorney fees to be taxed as costs.
24. No Waiver. The failure of the grantor, or any
successor in title to enforce any given Restriction or Covenant,
or Condition at any time, shall not be deemed to be a waiver or
relinquishment of any right or remedy, nor a modification of
these Restrictions and Protective Covenants.
25. Severability. Invalidation of any one of these
Covenants, Restrictions or Conditions shall not affect any of the
other provisions, which shall remain in full force and effect.
26. Binding Effect; Amendments. These Covenants,
Conditions and Restrictions are to run with the land, and shall
be binding upon all parties and all persons claiming under them;
provided, however, they may be amended by the owners of a
majority of the lots of Nottingham Estates which amendment shall
be effective upon recording in the records of the Tulsa County
Clerk.
In Witness whereof, TYANN DEVELOPMENT CO., Inc., being the
sole owner of Nottingham Estates Platted hereon, hereby approves
the foregoing Deed of Dedication, Conditions and Covenants this
day of 1993.
ATTEST:
Secretary
STATE OF OKLAHOMA )
) ss.
COUNTY OF TULSA )
TYANN DEVELOPMENT CO., INC.
By:
President
Before me, the undersigned, a Notary Public in and for said
County and State, on this day of 1 1993,
personally appeared to me known to be the
identical person who subscribed the name of the maker thereof to
the foregoing instrument as its President and acknowledged to me
that he executed the same as his free and voluntary act and deed
and as the free and voluntary act and deed of such corporation,
for the uses and purposes therein set forth.
Given under my hand and seal of office the day and year last
above written.
My commission expires:
10
Notary Public
FROM: Pleasant View Estates Homeowners
TO: Owasso Planning Commission
RE: Nottingham Estates Construction Entrance
We, the undersigned, being property owners in Pleasant View Estates do hereby request
action from your Committe. In order to preserve the peace and tranquility of our neighborhood,
and most importantly the structural integrity of our streets, we request that you require the
developer of Nottingham Estates to build and maintain a construction entrance on property he
owns to the east of our addition as a condition of the preliminary plat acceptance.
William Wit Lot 2 Block 3
Thompson
Harold Merrill 9417 N 136 E Ave
Eva M Merill
Kenneth Clark 13430 E 94th ST
Shelly Lot 2 Block
Don Weitel 9434 N 134th E Ave
Rick Mahar 9524 N 134 E Ave Lot 1 B 1
Loura Wilmoth 9405 N 134 E Ave
13424 e 94 st n
terry hen 9525 n 134th E ave
Bret 13503 e 94 st n
tiffany stewart 13503 e 94 st n
bridgett harris 13404 e 94 st n
roy s 9408 n 136 e ave
christy 9509 n 134 e ave
dan 9509 n 134 e ave
bill ma 8112 n 122 e ave
amy nance 8112 n 122 e ave
pruitt 9301 n 136 e ave
9301 n 136 e ave
MEMORANDUM
TO: THE OWASSO PLANNING COMMISSION
FROM: TIMOTHY D. ROONEY, CITY PLANNER
SUBJECT: TULSA COUNTY REFERRAL - CZ -211
DATE: February 24, 1994
BACKGROUND:
The Tulsa Metropolitan Area Planning Commission recently forwarded the City of Owasso a
rezoning request by Gordon and James Gerhardt to rezone a 19.4 acre tract of land located east
of the northeast corner of E. 96th Street N. and 129th East Avenue. The subject property is
currently zoned AG (Agriculture) and the applicants are requesting an RS zoning classification.
Due to the subject property's proximity to the city limits, staff felt it important for a review to
be heard by the Owasso Planning Commission.
The zoning referral process is an "input hearing" only. This means:
1. TMAPC's public notice will state the item is before the referral Planning Commission
for an "input hearing" and that no vote and no recommendation will be made by the
local commission. It will also state that the concerns and issues raised at the "input
hearing" will be compiled and sent to TMAPC.
2. The local community will place the item on their agenda before the local commission as
an "input hearing" which signifies that no vote or recommendations will result. Local
staff would emphasize at the local meeting the nature of the referral process and that final
recommendations are, by law, the responsibility of the TMAPC. Local citizens should
be advised and encouraged to present their comments and written opinions to the
TMAPC.
3. The compiled local comments and concerns would be read at the TMAPC meeting and
thereby be entered into the minutes of the meeting. The local planner could read
comments if in attendance and respond more completely to any questions about the local
meeting.
Zoning to the south of the subject property (across 96th Street N.) consists RE (Residential
Estate - Pleasant View) and RS -2 (Residential: Single - Family Medium Density - Windsor Lake).
The property to the east of the subject property is also zoned RE, while property to the north
and west is zoned AG.
Staff has reviewed the request and would like to address the following concerns:
If the zoning request is approved and development occurs, both water and sewer services would
be provided by the City of Owasso. Based on the zoning requested, lots would be too small for
septic systems thus requiring sewer. All water and sewer infrastructure would need to meet city
standards. Streets, however, would not be at the city's standards. The outcome would be a
county addition which utilizes city sewer and water, pays a higher rate for that use, and an
addition that would not meet city requirements for annexation due to a lesser street standard.
The developer, in a sense, would be utilizing the same services as subdivisions located in the
city to the south but would not be paying the same development costs. The situation would be
very similar to the existing Pleasant View addition.
While the developer may initially save money by developing this property in the county, the
eventual property owners will pay higher prices for sewer and water service forever, or improve
the streets to city standards before they could be annexed. Knowing that residents of any
development that occurs on this property would have these high costs, I could not as a planner
recommend any rezoning of this property until annexation.
While no development plans have been provided to city staff and may not even be in a
preliminary stage at this time, staff has concerns regarding storm water detention. Will the
county require on site detention for the subdivision? If so, in what form?
Staff strongly would encourage the applicants to look into annexation possibilities. Certainly,
the section mile south of the subject property has set a precedent for medium density, single -
family zoning and development and I feel a zoning request similar to what the applicants are
seeking in the county could be supported. However, development in the county while utilizing
city services that will eventually lead to frustration and higher costs for the lot owners is not
supported.
An area map is included for your information and review. Again, these are some of staff's
concerns regarding the zoning request and should by no means be viewed as all inclusive or a
recommendation.
cz-211