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HomeMy WebLinkAbout1993.05.20_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION MAY 209 1993 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING CONNUSSION TYPE OF MEETING: Regular DATE: May 20, 1993 TIME: 7:00 p.m. PLACE: Owasso Community Center NOTICE FILED BY: Timothy Rooney TITLE: City Planner Filed in the office of the Owasso City Clerk AT 4:00 p.m, on May 12, 1993. OWASSO PLANNING COMMISSION REGULAR MEETING Thursday, May 20, 1993, 7:00 p.m. Owasso Community Center, 301 S Cedar AGENDA 1. Call to Order 2. Consider Approval of the Minutes of April 15, 1993. ZONING PUBLIC HEARING 3. SITE PLAN REVIEW - OWASSO PAWN (3014) - A Request for a Review of a Site Plan for a Pawn Shop on Lot 3, Block 23, Original Town of Owasso, Tulsa County, Oklahoma. The Site is Generally Located on the Northwest Corner of Birch and E. 76th Street North. 4. SITE PLAN REVIEW - GARDEN CENTER (2914) - A Request for a Review of a Site Plan for a Retail Nursery on a Portion of Lot 26, Block 5, of Three Lakes Addition, Owasso, Tulsa County, Oklahoma. The Site is Generally Located on the East Highway 169 Service Road, Just South of E. 83rd Street North. 5. OZ -93 BORGNA /SOKOLOSKY (3214) - A Request to Rezone a Tract of Land Located in the NE/4 NW /4 NW /4 of Section 32, Township 21 North, Range 14 East, Tulsa County, Oklahoma from AG to CG; Generally Located On E. 76th Street North, East of Highway 169, Between Perry's Restaurant and Owasso Veterinary Clinic. Owasso Planning Commission AGENDA May 20, 1993 6. OZ -94 DON CRISMOND (2914) - A Request to Rezone a Tract of Land Located on a Portion of Lot 1, Block 20, Elm Creek Estates First Addition, Owasso, Tulsa County, Oklahoma from CS to OM; Generally Located on the East Highway 169 Service Road, Approximately 250 Feet North of Mazzio's Restaurant. 7. FINAL PLAT - DOUBLE OAKS III (2914) - A Request for a Review of the Final Plat for Double Oaks III, an Addition to the City of Owasso, Tulsa County, Oklahoma; Generally Located on the West side of 129th East Avenue, just south of East 82nd Street North. 8. FINAL PLAT - WINDSOR LAKE II (2114) - A Request for a Review of the Final Plat for Windsor Lake II, Located in the West 1/2 of Section 21, Township 21 North, Range 14 East, City of Owasso, Tulsa County, Oklahoma; Generally Located just South of Windsor Lake I. This is a resubmittal of a Final Plat Previously Approved by the Owasso Planning Commission. 9. FINAL PLAT - RAM PLAZA (2014) - A Request for a Review of the Final Plat for Ram Plaza, a Portion of the SE/4 of Section 20, Township 21 North, Range 14 East, the City of Owasso, Tulsa County, Oklahoma; Generally Located at the Northwest Corner of E. 86th Street North and 129th East Avenue. 10. New Business. 11. Report on Planning Items Previously Forwarded to City Council for Action. 12. Discussion of Development In and Near Owasso. 13. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Thursday, April 15, 1993, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Ray Haynes None Tim Rooney Charles Willey Charlotte Brinlee Gary Wells Dewey Brown Pat Imbriano The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on April 6, 1993. 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 MARCH 18, 1993 - The Commission reviewed the minutes of March 18, 1993. Charles Willey moved, seconded by Dewey Brown, to approve the minutes as written. A vote on the motion was recorded as follows: Gary Wells - Yes Dewey Brown - Yes Charles Willey - Yes Ray Haynes - Yes Pat Imbriano - Yes The motion carried 5 -0. 3. PRELIMINARY PLAT - DOUBLE OAKS III (2914) - A REQUEST FOR A REVIEW OF THE PRELIMINARY PLAT FOR DOUBLE OAKS III, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, GENERALLY LOCATED ON THE WEST SIDE OF 129TH EAST AVENUE, JUST SOUTH OF EAST 82ND STREET NORTH. The Chair introduced the case and the staff review was given by Tim Rooney. Subject property is a 19.68 acre tract containing 63 residential lots. It is zoned RS -3 and will be developed for single family residences. The Preliminary Plat has been reviewed by the Technical Advisory Committee and they have asked for the following corrections /additions: Owasso Planning Commission Minutes of April 15, 1993 Page 2 To the Plat - 1. Cross easements are needed through Block 1. PSO will work with Mr. Lewis to determine these exact locations. Locations are to be provided on the Final Plat. 2. An easement needs to be provided in Lot 7 of Block 1 for the sewer that serves /comes from Copper Meadows to Double Oaks Ill. 3. Lot 6 of Block 3 should have a 15 foot Building Line on its north side. 4. Lot 9 of Block 3 should have a 25 foot turning radius at its northwest point. 5. Lot 12 of Block 1 and Lot 6 of Block 3 need to have the proper dimensions listed. 6. PSO 7.5 foot utility easement that runs along the west boundary of the subdivision needs to be continued through Lot 35 of Block 2. In addition, the 10 foot easement also needs to be continued in the same location. Mr. Lewis requested that this easement be narrowed through Lot 35, if possible, to allow for an acceptable building pad. Mr. Lewis and PSO will attempt to accomplish this task, as it was PSO's feeling that this width could possibly be narrowed to 1 foot. 7. The street listed as "East 81st Street" should be changed to "East 80th Place North. " Ray Haynes moved to approve the Preliminary Plat for Double Oaks III with the condition that all of the above items listed are corrected and /or addressed prior to Final Plat submittal. Motion was seconded by Charles Willey. A vote on the motion was recorded as follows: Charles Willey - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes - Yes Pat Imbriano - Yes The motion carried 5 -0. 4. REVIEW AND DISCUSSION OF THE OWASSO SUBDIVISION REGULATIONS - APPROVAL OF THIS DOCUMENT WILL ALLOW THE OWASSO SUBDIVISION REGULATIONS TO BE FORWARDED TO THE DEVELOPMENT COMMUNITY AND PUBLIC FOR INPUT AND REVIEW. Mr. Rooney presented the corrected subdivision regulations. Approval of this document will allow staff to submit the subdivision regulations to the development community. Gary Wells moved to approve the Owasso Subdivision Regulations, allowing staff to submit the document to the development commttnilty for comment and *eview, Seconded h j Pat Imbriano. Owasso Planning Commission Minutes of April 15, 1993 Page 3 Ray Haynes - Yes Gary Wells - Yes Dewey Brown - Yes Charles Willey - Yes Pat Imbriano - Yes The motion carried 5 -0. 5. NEW BUSINESS - Mr. Rooney presented members of the Commission with copies of the letter sent to Budgget Industries regarding non - compliance with both Planning Commission and Board of Adjustment site plan requirements. 6. REPORT ON PLANNING ITEMS PREVIOUSLY FORWARDED TO CITY COUNCIL FOR ACTION - No report. 7. DISCUSSION OF DEVELOPMENT IN AND NEAR OWASSO - Staff discussed current and possible future development and construction in the Owasso area, including Bud's Discount Warehouse which will be locating at German Comer, Sonic Drive -In near Walmart, and a Pawn Shop at the Northwest corner of 76th Street North and Birch. 8. ADJOURNMENT - Dewey Brown moved, Pat Imbriano seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Charles Willey - Yes Gary Wells - Yes Dewey Brown - Yes Ray Haynes - Yes Pat Imbriano - Yes The motion carried 5 -0 and the meeting was adjourned at 7:30 p.m. Chairperson Secretary Date MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: OWASSO PAWN SITE PLAN ORIGINAL TOWN OF OWASSO, BLOCK 23, LOT 3 DATE: May 12, 1993 BACKGROUND Mitchell Thiessen of Owasso Pawn is requesting a site plan review for a relocation of his business to Lot 3, Block 23, Original Town of Owasso (NW comer of Birch and 76th Street North). The subject property where the business will be located is zoned CH (Commercial High Intensity) and currently contains a dwelling unit. The applicant has indicated that this unit will be removed from the site. The building proposed by the applicant contains 6550 square feet of floor area located on a 14,000 square foot lot. The site plan submitted contains 15 parking spaces, one of which is designated for handicapped purposes. In addition, a loading zone will be located to the rear of the structure (north property line) and a landscaping area along 76th Street is being proposed for the development. No curb cuts are being proposed for 76th Street North as the development will utilize a curb cut off of Birch Street and then the alley on the west side of the property for access. Vehicular movement will be restricted to one -way through the parking lot, with the entrance and exit both clearly labeled. An area near the exit has been designated for signage. Signs in a CH district are permitted up to a height of 30 feet and display area of 100 square feet. The site plan was presented to the Technical Advisory Committee on May 5th, and several preliminary meetings were held with the applicant regarding the site plan. Staff feels this development will be a vast improvement to this area and has no reservations regarding the submitted site plan RECOMMENDATION Staff would recommend approval of the proposed site plan, subject to a preconstruction meeting to be held with the Community Development staff upon obtaining a building permit. ENCLOSURES AND ATTACHMENTS 1. Site Plans for Owasso Pawn MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: GARDEN CENTER SITE PLAN A PORTION OF LOT 26, BLOCK 5, THREE LAKES ADDITION DATE: April 27, 1993 BACKGROUND Mr. Ross Flood, applicant, is requesting site plan review for a new retail nursery located on the East Highway 169 service road, just south of E. 83rd Street North. This development will replace the current nursery located on that site. The actual building size does not require a site plan review by the Technical Advisory Committee and Planning Commission as required by the Zoning Code. Staff felt that this development, because of past concerns on the site, should however be reviewed by the Planning Commission for input. The applicant is proposing a 49' x 40' building on the site surrounded by a plant display area and garden area. 54 parking spaces are being shown on the site plan, six of which are shown as handicapped. The site will utilize existing curb cuts and a planting area is shown on the south property line. Staff has no objections to the site plan submitted. RECOMMENDATION Staff would recommend approval of the proposed site plan, subject to a preconstruction meeting to be held with the Community Development staff upon obtaining a building permit. ENCLOSURES AND ATTACHMENTS 1. Site Plans for Owasso Garden Center. CITY OF OWASSO Planning Department OZ -93 Staff Report Timothy D. Rooney - City Planner BACKGROUND APPLICANT AND STATUS OF APPLICANT: Mr. and Mrs. Mac Borgna and Mr. and Mrs. DM Sokolosky, owners. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from AG (Agriculture General District) to CG (Commercial General District) to allow for the development of an automobile wash. LOCATION AND SIZE: The property is generally located on E. 76th Street North, between Perry's Restaurant and Owasso Veterinary Hospital and contains approximately 1 acre of area, more or less. The legal description is attached for your review. EXISTING LAND USE: Subject property is undeveloped. SURROUNDING LAND USE: Property immediately east of the subject site is zoned CH and contains Perry's Restaurant, while property abutting the site on the west contains Owasso Veterinary Hospital and is zoned IL. Property to the north of the subject site, across 76th Street, is zoned CS and contains La Petite Nursery, Braum's, and Quik Trip Convenience Store. Property to the south of the subject site is not within the City limits of Owasso, is undeveloped, and zoned IL. COMPREHENSIVE PLAN: The Comprehensive Plan identifies the subject site as being suitable for "Public and Quasi - Public" land uses. However it should be noted that development in this area since 1978 (when the Comprehensive Plan was completed) has been of a rapid pace and ideas for this land from 1978 (and later in 1985 when it was updated) may not be consistent with the development that has occurred. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", and Chapter 6 "Commercial District Provisions." Page 1 of 2 OZ -93 Staff Report SITE INFORMATION: * Both sewer and water are available to the subject site but will require service extensions as sewer is located on the north side of 76th Street North behind La Petite. Perry's Restaurant is served by a private line with a private lift station. Development on this site will be required to develop a similar form of service as City Ordinance prohibits two separate uses on one private line. * The property slopes gently away from E. 76th Street North to the rear of the property and on site drainage will need to be addressed in order to prevent flooding of the downstream property. ANALYSIS The proposed rezoning, if approved, would create a 1 acre area of a CG (Commercial General) Zoning District permitting all uses cited within the CG portion of Commercial General District Provisions by right, of which an automobile wash would be included. As stated previously, the Owasso Land Use Plan calls for portions of the subject site to be appropriate for Public and Quasi - Public Uses. Staff feels the likelihood of this site ever being developed in that manner is small, and probably undesirable as well. The applicant is, however, requesting a CG zoning which would be compatible with its surrounding zoning (IL and CH on either side, as well as IL abutting the property to the south). It is important to remember that this property is currently zoned AG because City Ordinance requires all annexed property to be zoned AG until appropriate zoning is established, if necessary. Staff has received a tentative site plan from the applicant, a copy of which is included within this staff report. Note that you are not zoning a use or a site plan, and the site plan submitted should not be considered by the Planning Commission as final. The applicant is showing one access drive on the E. 76th Street property frontage, and staff would concur that this should not be increased to two drives. The proposed auto wash is located in the best manner for optimum use of the lot. Staff would, however, like to see landscaping incorporated into the site plan at the time of review by the Planning Commission. Increased traffic in the area is likely due to this use. It is important to point out that this should be alleviated upon the expansion of 76th Street and improvements to the interchange of 76th Street and Highway 169. This applicant should not be held responsible for an existing poor condition. Staff feels the proposed rezoning and use of this property is consistent with what is found in the area. RECOMMENDATION Staff would recommend approval of the rezoning of the subject site from AG to CG. Page 2 of 2 OZ -93 Staff Report City of Owasso 207 SOUTH CEDAR OWASSO, OKLAHOMA PHONE 272- 2257 74055 NOTICE TO PROPERTY OWNER OZ -93 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 20th day of May, 1993. At that time and place, the Owasso Planning Commission will consider a request from Mr. and Mrs. Mac Borgna and Mr. and Mrs. DM Sokolosky, owners and applicants, for a proposed change of the zoning classification from an AG (Agricultural General) District to an CG (Commercial General) District, which would allow for the development of Commercial Land Uses. The subject property is described as follows: Beginning at a Point 203.2 feet East of the Northwest corner of the NE /4 NW /4 NW /4, thence 105.8 feet East to a Point, thence 399.1 feet South to a Point, thence 105.8 feet West to a Point, thence 399.1 feet North to a Point of Beginning, Section 32, Township 21 North, Range 14 East, Tulsa County, Oklahoma; containing approximately 1 acre, more or less. 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 City Planner, 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 19th day of April, 1993. Sincerely, Timothy D. Rooney CITY OF OWASSO Planning Department OZ -94 Staff Report Timothy D. Rooney - City Planner BACKGROUND APPLICANT AND STATUS OF APPLICANT: Don Crismond, applicant for Mazzio's Corporation, owner. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from CS (Commercial Shopping) to OM (Office Medium Intensity) to allow for the development of a physical therapist's office. LOCATION AND SIZE: The general location of the property is between 76th and 86th Street North on the east Highway 169 service road, approximately 250 feet north of Mazzio's Restaurant. The property contains approximately 32,280 square feet, more or less. The legal description of the subject site is attached for your review. EXISTING LAND USE: Subject property is undeveloped. SURROUNDING LAND USE: Property immediately south of the subject site is undeveloped, while further south is Mazzio's Restaurant and is zoned CS. Immediately East of the subject site is undeveloped land zoned IL, while further east are the Wildwood Apartments zoned RM -2. Property abutting the subject site to the north is zoned IL, while property to the west contains the service road and Highway 169. COMPREHENSIVE PLAN: The Comprehensive Plan identifies the subject area as being appropriate for both Industrial and Commercial /Office uses. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", Chapter 5 "Office District Provisions." SITE INFORMATION: Both sewer and water are available to the subject site. A 40' x 40' area of abutting the site contains Civil Defence emergency sirens. No unusual development hardships are anticipated. ANALYSIS The proposed rezoning, if approved, would create a 32,280 square foot area of OM (Office medium Intensity) Zoning District permitting all uses cited within the OM portion of Office District Provisions by right. Contained within these provisions would be a physical therapist office. While the use proposed by the applicant (physical therapist's office) would be permitted in a CS district, property development standards for a CS district require a lot width of 150 feet, while OM requires only 100 feet of frontage. Again, the use proposed by the applicant is permitted in an OM district. The applicant's request is a down zoning of what is currently in place. While office development of this nature is not typically found abutting Highway 169 in Owasso, its merit in this location is not out of the ordinary. Often times in urban areas, small and large corporations select sites abutting a major highway to locate their offices both for accessibility and visibility, one of the main concerns of Mr. Crismond as well. Certain areas of I -44 and I -244 in the Tulsa metro area have also developed basically along this concept. The only concern staff initially had when reviewing this case was whether or not this rezoning would be classified as a "spot zoning." In other words, if approved would the Planning Commission be approving a zoning district totally out of context from what the Comprehensive Plan has designated in this area and also a zoning district not in harmony with what is found there currently. When staff reviewed the surrounding zoning and development, as well as the uses within these zoning districts, it was felt that the applicant's request was not inconceivable. This area of Owasso contains varying mixes of zoning intensities, from Commercial, Industrial, and Multi- Family, while the uses are also mixed from Restaurants, Various Retail Stores, Automobile Dealers, Medical Offices, and Apartments. In addition to the zoning and uses, the Owasso Comprehensive Plan does in fact designate this area for either Industrial or Commercial /Office development. If OM zoning is approved, the applicant will be permitted a free - standing pole sign of up to 30 feet in height containing up to 100 square feet of display surface area. At the time of site plan review, staff will be reviewing proposed landscaping by Mr. Crismond. Properties abutting Highway 169 are often the first impression people receive of Owasso, and therefore lack of landscaping should be avoided. The subject site will also need to be platted prior to any development. RECOMMENDATION Staff would recommend that the Planning Commission approve the rezoning of the subject site from CS to OM to allow for the development of a physical therapist office. 207 SOUTH CEDAR PHONE 272 -2251 City of Owasso NOTICE TO PROPERTY OWNER OZ -94 OWASSO. OKLAHOMA 74055 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 20th day of May, 1993. At that time and place, the Owasso Planning Commission will consider a request from Mr. Don Crismond, applicant, for a proposed change of the zoning classification from an CS (Commercial Shopping Center) District to an OM (Office Medium Intensity) District, which would allow for the development of Office Land Uses. The subject property is described as follows: A part of Lot One (1), Block Twenty (20), Elm Creek Estates First Addition, an addition to the City of Owasso, Tulsa County, being more particularly described as follows: Commencing at the southwest comer of said Lot (1); thence N 04° 06' 00" W, along the west line of said Lot (1), a distance of 250.63 feet to the Point of Beginning; thence continuing N 04° 06' 00" E, continuing along the West line of said Lot (1), a distance of 95.60 feet; thence S 89° 58' 04" E, parallel to the North line of said Lot (1), a distance of 40.00 feet; thence N 000 04' 00" E, parallel to the west line of said Lot (1), a distance of 40 feet to a point in the north line of said Lot (1), 40.00 feet east of the northwest comer thereof; thence S 89° 58' 04" E, along the North line of said Lot (1), a distance of 242.51 feet; thence S 000 40' 00" E a distance of 372.88 feet, thence due West, parallel to the South line of said Lot (1), a distance of 270.00 feet to the Point of Beginning, said tract containing 2.36 acres more or loss.. 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 City Planner, 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 19th day of April, 1993. Sincerely, Timothy D. Rooney City Planner MEMORANDUM TO: THE OWASSO PLANNING COMNIISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: DOUBLE OAKS III - FINAL PLAT DATE: May 13, 1993 The preliminary plat for Double Oaks III was reviewed by the Technical Advisory Committee at the March 31, 1993 meeting and approved by the Owasso Planning Commission at the April 15, 1993 meeting. The final plat for the above referenced addition was reviewed by the Technical Advisory Committee at their April 5, 1993 meeting with one minor correction being required for acceptance of the plat. The final plat within your packet contains this correction. The staff is in the final review stages for the water lines, sanitary sewer, storm water drainage, grading plans, and street plans. It is anticipated that staff will make its final review in the near future and the applicant making application to the Oklahoma State Department of Health immediately thereafter. RECOMMENDATION The final plat for Double Oaks III complies with the Owasso Subdivision Regulations and the Technical Advisory Committee recommendations; therefore, the staff recommends approval of the Double Oaks III final plat. ENCLOSURE 1. Double Oaks III final plat. 2. Double Oaks III covenants. MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: WINDSOR LAKE H - FINAL PLAT RESUBMrfTAL DATE: May 13, 1993 BACKGROUND Previously, a final plat for Windsor Lake II was approved by the Owasso Planning Commission at its October 15, 1993 meeting and by the Owasso City Council at its February 16, 1993 meeting. The subdivider has not legally filed this approved plat . During the construction process, it was determined that one street intersection within Windsor Lake II would encounter difficulties in completion (E. 92nd St. N. & N. 132nd East Avenue). In order to avoid holding up the obtaining of residential building permits for the remainder of the subdivision and in order to avoid a "rush" completion of this intersection and a possible substandard street, staff recommended that the developer take the intersection and the four (4) residential lots affected off the Windsor II final plat and resubmit the plat to the Planning Commission and the City Council. Again, because the 'original" final plat was never filed, this submittal would be considered as the final plat for Windsor Lake H. The four lots would then be added to the Windsor Lake III plat. This idea was presented to the Owasso Technical Advisory Committee at its May 5, 1993 meeting. No objections to the proposal were voiced, rather only the requirement that any utilities already located in the easements of those four lots be addressed by the easements still being shown on the Windsor Lake II plat by separate instrument. The enclosed plat accomplishes this requirement. Indications are that there are no problems with the remainder of the Windsor Lake II infrastructure, and that this will be a quality residential development in Owasso. The preliminary plat for Windsor Lake III, containing the four lots for the previous Windsor Lake If plat, will be submitted to the Technical Advisory Committee and the Owasso Planning Commission in June. If the Planning Commission approves this resubmittal, it would make the previous submittal null and void, and will be forwarded to the Owasso City Council at its June 1, 1993 meeting. RECOMMENDATION The final plat for Windsor Lake H complies with the Owasso Subdivision Regulations and the Technical Advisory Committee recommendations; therefore, the staff recommends approval of the Windsor Lake II final plat. ENCLOSURE Windsor Lake H final plat. MEMORANDUM TO: THE OWASSO PLANNING CONDMSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: RAM PLAZA - FINAL PLAT DATE: May 14, 1993 BACKGROUND The preliminary plat for Ram Plaza was reviewed by the Technical Advisory Committee at the at its March 3, 1993 meeting and approved by the Owasso Planning Commission at its March 18, 1993 meeting. In review, Ram Plaza is a 9.24 acre tract located at the northwest corner of 86th Street North and 129th East Avenue. Ram Plaza is also a Planned Unit Development (OPUD -11), and is intended for commercial and office use. The final plat was reviewed by the Technical Advisory Committee at its May 5, 1993 meeting. All corrections recommended to be made to the plat by the Technical Advisory Committee have been completed, as well as all corrections to the covenants. Many conflicts and /or questions were noted in the construction plans for Ram Plaza however, and these issues will need to be addressed and corrected by the engineer. A list of comments from Mr. Munn and Mr. McElhenney regarding the construction plans are enclosed for your review. A copy of the construction plans are available in my office and will be available at the meeting for your review. RECOMMENDATION The final plat for Ram Plaza complies with the Owasso Subdivision Regulations and the Technical Advisory Committee recommendations; therefore, the staff recommends approval of the Ram Plaza final plat, conditioned upon the construction plans being corrected and approved by staff prior to the final plat being forwarded to City Council. ENCLOSURE 1. Ram Plaza final plat. 2. Ram Plaza covenants. 3. Construction Plan comments from Mr. Munn and Mr. McElhenney. COVENANTS, CONDITIONS AND RESTRICTIONS FOR RAM PLAZA A PLANNED UNIT DEVELOPMENT THIS DEDICATION AND DECLARATION is made on the date hereinafter set forth by B W Realty, L. L. C., Inc. an Oklahoma corporation hereinafter referred to as "Declarants." WITNESSETH: WHEREAS, Declarants are the sole owners of certain property in Tulsa County, State of Oklahoma, which is more particularly described as follows: SEE LEGAL DESCRIPTION ON PLAT WHEREAS, Declarants have platted the above - described property as "Ram Plaza," a Planned Unit Development in part of Section 20, T -21 -N, R-14 -E, Tulsa County; and, WHEREAS, Declarants desire to provide for an orderly development of Ram Plaza. NOW, THEREFORE, Declarants hereby declare that all of the property within Ram Plaza shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which shall run with the land and be binding on all parties having any right, title or interest in such property, or any part thereof, their heirs, successors and assigns and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Ram Plaza Property Owners' Association, Inc., its successors and assigns. Section 2. "Owner(s)" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of Ram Plaza, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Property" shall mean and refer to that certain real property hereinbefore described and platted as Ram Plaza, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of the conveyance of the first Lot is described as follows: None. Section 5. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map of Ram Plaza with the exception of the Common Area. Section 6. "Declarants" shall mean and refer to B. W. Realty, L. L. C., Inc., an Oklahoma corporation, their collective heirs, successors and assigns, provided such heirs, successors or assigns acquire more than one undeveloped Lot from the Declarants for the purpose of development. Section 7. "Development Control Committee" shall mean a committe composed of three (3) or more representatives appointed by the Board of Directors. ARTICLE II PROPERTY RIGHTS Section 1. Every owner shall have a right and easement of enjoyment in and to the Public areas and utilities which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an Owner for: (i) any period during which any assessment against the Owner's Lot remains unpaid; and /or (ii) for a period not to exceed 60 days for any infraction of the Association's published rules and regulations; and, (b) the right of the Association to dedicate or transfer all or any part of the Public areas to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by Association members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2 /3rd of each class of members has been recorded. Section 2. Any Owner may delegate, in accordance with the By -Laws, the Owner's right of enjoyment the Public areas and facilities to the members of the Owner's family, tenants or contract purchasers who reside on the property. ARTICLE III STREETS AND UTILITY EASEMENTS Section 1. Declarants to hereby dedicate for public use forever the Public streets as shown on the Plat of "Ram Plaza" (hereinafter "Plat, ") and do further state that until such time as the City of Owasso accept the public dedication of streets and the responsibility of maintaining said streets, it shall be the responsibility of the Association to maintain the same through fees imposed as further discussed in Article VII below. Declarants do hereby dedicate for public use the easements and the rights -of -way as shown for the several purposes of constructing, maintaining, operating, repairing, removing or replacing any and all public utilities, including storm and sanitary sewers, telephone lines, power lines and transformers, gas lines, water lines and cable television lines, together with all fittings and equipment for each of such facilities, including any poles, wires, conduits, pipes, valves or meters in said easements and rights -of -way; provided, however, that Declarants hereby reserve the right to construct, maintain and operate utilities, together with the right of ingress and egress over, across and along all of the utility easement areas shown on the Plat, for the purpose of furnishing services to the area included within the Plat. Section 2. All of the Lots are subject to the following provisions for public utility facilities, to wit: (a) The Owner of any Lot shall be responsible for the protection of the public utility facilities on the Owner's Lot, shall prevent any alteration of grade within the easement areas in excess of three feet (2') from the original contours and shall prevent any construction activity which may interfere with such facilities. (b) Each Owner will be responsible for the installation and maintenance of utility service line facilities on each such Owner's Lot. Such installation shall be in compliance with Federal, State, County and City specifications and other codes and regulations that are applicable, and upon acceptance of a deed by an owner to a Lot, such owner accepts the Lot in its then condition and assumes all responsibilities for proper installation, maintenance and operation of the Lot. Additionally Each Owner will be responsible for the installation and maintenance of the pavement and storm water detention and drainage facilities on each such Owner's Lot. Such installation shall be in General conformance with the overall plan approved by the City of Owasso and other codes and regulations that are applicable, and upon acceptance of a deed by an owner to a Lot, such owner accepts the Lot in its then condition and assumes all responsibilities for proper construction of the paving and drainage facilities of the Lot. All lots shall have Site, Drainage and Detention plans approved by the development control committee as well as the City of Owasso prior to construction. (c) The Association or its designated contractor through its proper agents and employees, shall at all times have the right of access with their equipment to all such easements shown on the Plat, or provided for in this Dedication, for the purpose of installing, maintaining, removing or replacing all or any portion of any underground public utility facilities. (d) The owner of each lot shall be responsible for the repair and replacement of any landscaping or paving located within the utility easements in the event that it is necessary to repair any underground water, sanitary sewer, storm sewer, electric, natural gas, telephone or cable television utility lines. Section 3. All of the Lots are subject to the following provisions for gas, water, electric, telephone and cable television services, to-wit: (a) Each Building on a Lot within said Addition shall be served by underground utility service lines which may be run from the nearest utility main line to the point of usage determined by the location and construction of such building upon each such Lot; provided, that upon installation of such a service line to a particular building, the supplier of such service shall thereafter be deemed to have a definitive, permanent, effective and exclusive right -of -way easement on such Lot, covering a five -foot strip extending 2.5 feet on each side of such service line , extending from the utility main line connection to the line connection at such building. (b) Each owner shall be responsible for the protection of the underground service facilities located on the Owner's Lot and shall prevent the alteration of grade or any construction activity which may interfere with such service facilities. The various utility or service companies will be responsible for ordinary maintenance of their respective facilities, but each Owner will pay for the damage or relocation of such facilities caused or necessitated by acts of the owner, the Owner's agents or contractors. (c) The suppliers of such services, through their proper agents and employees, shall at all times have the right of access to and upon all such easements shown on the Plat, or provided for in this Dedication, for the purpose of installing, maintaining, removing or replacing any portion of facilities installed by them. (d) The foregoing covenants and restrictions concerning service facilities shall be enforceable by the respective suppliers of such services. ARTICLE IV USES OF LAND Section 1. All Lots shall be used for commercial and office facilites as allowed in Chapter 8 of the City of Owasso Zoning Code as per the approval of the "Ram Plaza" Plannd Unit Development by the Planning Commission and City Council of the City of Owasso. Section 2. No noxious or offensive activity shall be carried on or maintained on any Lot or Common Area, nor shall any business or commercial activity be conducted. Section 3. No Lot may be resubdivided unless approved by the Development Control Committee and the City of Owasso; however, the Declarants reserve the right to change Lot outlines, descriptions and uses if considered necessary or advisable for the benefit of the development during the period of time that said Lots are owned by the Declarants. Two or more Lots may be combined for one structure provided easements are protected with the requirement that any combining of Lots must be approved in writing by the Development Control Committee. Section 4. All buildings constructed in the Ram Plaza Development shall have an exterior finish of 100% brick veneer siding. ARTICLE V RESTRICTIONS Section 1. Each building structure on a Lot must be so situated that parking area as required by the City of Owasso will be available on a paved concrete surface within the property lines of the Lot. Such concrete paving shall be of such thickness, material and subgrade specifications as approved by the development control committee. All final grades and locations shall be in accordance with the site, drainage and detention plans approved by the Development Control Committee and the City of Owasso. No structure shall be greater than twenty -four (24) feet in height. Owners shall use only the utility services approved by the Development Control Committee. Section 2. No garbage, trash, or refuse of any kind may be dumped on any Lot, street or Common Area. All garbage, trash or other waste shall be kept in sanitary containers. No garbage or trash shall be burned on any Lot, street or Common Area at any time. Section 3. No planting, foliage, trees or other landscaping items or fencing shall be placed on Lots which would impede sight level. Section 4. The overland drainage of the lots must be allowed across other lots in order for the Development to properly drain stormwater overall. Owners shall keep the path of surface water drainage from adjacent and other lots clear of all buildings, fences, shrubbery, or any other obstructions which may hinder or restrict drainage. A drainage plan has been approved by the Development Control Committee and the City of Owasso and all individual sites must be improved in accordance with that plan. Section 5. All Lots must be kept free from brush and high grass. No trash or rubbish shall be permitted to accumulate on any Lot. No junk cars or abandoned or unusable automobiles shall be left on any Lot or street within the Development. Same may be removed by the Association after ten days warning period, and the cost of removal shall be charged against the Owner. The use of any vehicle, whether crawler -type or otherwise, which would damage the pavement of Ram Plaza is prohibited. ARTICLE VI MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners, with the exception of the Declarants, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarants and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon the earlier occurrence of either of the following events: (a) the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) the 1st day of January, 2023. ARTICLE VII COVENANT FOR MAINTENANCE Section 1. The Declarants, for each Lot owned hereby covenant, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree, to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements. Such assessments are to be established and collected as hereinafter provided. notwithstanding the foregoing, Declarants shall not be required to pay any such assessments while the Class B membership still exists, provided, however, that while the Class B membership exists, any expenses of operation of the Association which exceed the regular assessments received from the Owners shall be the binding responsibility and obligation of the Declarants. The annual and special assessments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner's successor in title unless expressly assumed by such successor. Section -2. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the lot owners in Ram Plaza and for the improvement and maintenance of the Common Area. As part of the annual assessment, there shall be assessed against each Lot an annual charge for maintenance of the streets, street lighting and street signs. Such assessments shall be segregated in a separate account from all other assessments collected by the Association and such funds shall be applied only to the maintenance, repair and replacement of the above listed items. Section 3. In addition to the annual assessments authorized above, the Board of Directors may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of nay construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto; provided, that any such assessment shall have a minimum assent of two - thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4, directly above, shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60 %) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one -half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. Section 5. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the first conveyance of a Lot. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner. The due date shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 6. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 12 percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the subject Lot. No owner may waive or otherwise escape liability for the assessments provided for herein by non -use of the Common Area of abandonment of a Lot. Section 7. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve the succeeding Owner from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VIII DEVELOPMENT CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon any Lot, nor shall any exterior addition to or change or alteration therein, or in the contours of any Lot, be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same including the site, drainage and detention plans shall have been submitted to and approved in writing by a Development Control Committee composed of three (3) or more representatives appointed by the Board of 'Directors. In the event said Committee fails to approve or disapprove such plans and specifications within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. All plans shall be approved by the City of Owasso and construction shall only begin after the City has issued a building permit. ARTICLE IX GENERAL PROVISIONS Section 1. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Dedication and Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. The covenants and restrictions of this Dedication and Declaration shall run with and bind the land for a term of thirty (30) years from the date of its recordation after which time they shall be automatically extended for successive periods of ten (10) years. This Dedication and Declaration may be amended during the first thirty (30) year period by an instrument signed by owner's owning not less than ninety percent (90 %) of the Lots, and thereafter, by an instrument signed by owners owning not less than seventy -five percent (75 %) of the Lots. Any amendment must be recorded. Section 4. Additional property may be annexed to Ram Plaza with the consent of two - thirds (2/3) of each class of members. ARTICLE X Protective Covenants Section 3. Designation of Permitted and Prohibited Uses. (a) No establishment which sells alcoholic beverages for on- premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. The Property may, however be used and operated by a nationally -known fast food restaurant which is the same or is similar in operation to the restaurants listed immediately below: McDonalds Wendy's Pizza Hut Pizza Inn Roy Rogers Burger King Tastee Freez Hardee's Kips Shoney's Kentucky Fried Chicken Braum's Arby's Popeye's Fried Chicken Taco Bell Grandy's Dairy Queen Mazzio's Pizza Ken's Pizza Any restaurant permitted hereunder (i) which is to be located south of the Vehicular Access Easement and the Vehicular Access Easement Relocation Area as shown on the Plat shall not exceed one story, or twenty -five feet in height, (ii) must maintain adequate on -site parking of at least five (5) automobiles per one thousand (1,000) square feet of building space, (iii) shall not require cross parking easements or reciprocal parking easements and (iv) shall not sell beer, wine and liquor for on- premises consumption, except ancillary to the sale of food products, and which sales of beer, wine and liquor accounts for less than fifty percent (50 %) of the gross revenues generated by the restaurant. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any industrial uses, including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (ii) Any use which may require water and sewer services in excess of the capacities allocated to the Property by any governmental authority. (iii) Any noxious or offensive activity which declarant deems objectionable and adverse to the preservation of property values of the Adjacent Property. IN WITNESS WHEREOF, The have herunto set their 199_. DECLARANTS: undersigned, Being the Declarants herein hands and seals this day of RAM PLAZA CONSTRUCTION PLAN COMMENT * Show existing water lines and size * Show fire hydrant detail for the A- typical fire hydrant stub * Check OSDH water sewer line separation * Use C900 water lines * Check manhole labels * Dimension utility conflicts * Label streets on profile * Profiles must match existing ground and final grade at end of profile * Show existing sewer lines * Sewer to lot 1, block 2 * Show waterline ties and what size you are tying into on the plans * Show force main * Show ties to property lines for all water line proposed ( from sta 0 + 00 to 4 + 00 Line A). * Is there an easement for waterline on Line B? * Show ties to property line * On sheet 3 of 7, show fill areas and statement of fill * Two foot vertical separation required for all crossings of water line and sanitary sewer, otherwise, the sanitary sewer line shall be C 900 (same color for sanitary sewer). * No need to indicate SDR 18 for C900 items * Show sizes for all SDR 35 usage * There are two DI's (MH) where there should be only one * On sheet 4 of 7, how is lot -1 served? * Show force main and all existing lines where proposed sanitary will tie * Check to see if force main ties to Foodlion's gravity flow system, if so, eliminate proposed tie -in near lot -4. * On sheet 5 of 7, remove proposed 24" wide x 6" barrier curb island on 129th E. Ave. * Provide striping plan to accommodate traffic turns and flows, etc. * Revise proposed storm sewer at Southwest entrance off 86th St. N. because existing curb inlet has 18" RCP running South. Revise details, etc. * On sheet 6 of 7, revise fire hydrant installation to include adapter. * On sheet 7 of 7, delete drop manhole detail. * Need to see typical curb and gutter section. * Need typical pavement section. * Need to see grading plan with pad elevations for each lot.