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HomeMy WebLinkAbout1993.10.21_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION OCTOBER 21, 1993 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: October 21, 1993 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 10:00 AM on October 12, 1993. Timothy Rooney, City Planner OWASSO PLANNING COMMISSION REGULAR MEETING Thursday, October 21, 1993 7:00 PM Owasso Community Center, 301 S. Cedar AGENDA Call to Order 2, Consider Approval of the Minutes of September 16, 1993 Regular Meeting and Minutes of October 4, 1993 Special Meeting. 3. Site Plan Review - Dr. Tracy Standride Chiropractic Office - A Request for a Site Plan review of Dr. Tracy Standridge Chiropractic Office, Lot 2, Block 1, Ram Plaza. This item was tabled from the October 4, 1993 Special Meeting. 4. Site Plan Review - Tierra Vista. Inc. - A Request for a review of the amended site plan for Tierra Vista Nursery on a Portion of Lot 26, Block 5, of Three Lakes Addition. The Site is Generally Located on the East Highway 169 Service Road, Just South of E. 83rd Street North. ZONING PUBLIC HEARING Extension of Time Request - Oklahoma Baptist Retirement Center H (3214) - A Request for an Extension of Time for a Preliminary Plat Previously Approved by the Planning Commission in October of 1990. The Subject Property is Located at the Southwest Comer of E. 76th Street North and North 122nd East Avenue. 6. OLS -82 - Mingo Manufacturing (2914) - A Request for a Lot Split on a Portion of Lot 1, Block 20 of Elm Creek Estates First Addition, Tulsa County, Owasso, Oklahoma. The General Location of the Subject Property is the Large Parcel that Includes Mazzio's Restaurant on the Northeast corner of the East Highway 169 Service Road and E. 80th Street North. Owasso Planning Commission AGENDA July 15, 1993 7. Preliminary Plat - Mingo Commerce Center (2914) - A Request for a Review of the Preliminary Plat for Mingo Commerce Center, a Resubdivision of a Part of Lot 1, Block 20, Elm Creek Estates First Addition, Tulsa County, Owasso, Oklahoma. Mingo Commerce Center is Generally Located just East of Mazzio's on E. 80th Street North. 8. OZ -97 - Trail's End Development. Inc. (2114) - A Request to Rezone a Tract of Land Located in the Northwest Quarter of the Southwest Quarter of Section 21, Township 21 North, Range 14 East from RS -2 (Residential: Single- Family Medium Density) to RS -3 (Residential: Single Family High Density). Generally Located just north of Owasso Jr. High School, just East of the proposed Barrington Point Addition. Final Plat - Camden Park Addition (2114) - A Request for a Review of the Final Plat for Camden Park, an Addition to the City of Owasso, Tulsa County, Oklahoma. Camden park is Generally Located just West of Windsor Lake H Addition, East of 129th East Avenue. Camden Park was formerly included within the Windsor Lake III Preliminary Plat. 10. Review of the Owasso Design Criteria 11. New Business. 12. Report on Planning Items Previously Forwarded to City Council. 13. Discussion of Development In and Near Owasso. 14. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Thursday, September 16, 1993, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Charles Willey Ray Haynes Tim Rooney Gary Wells Dewey Brown Charlotte White Pat Imbriano The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on September 9, 1993. An addendum to the agenda was posted in the Owasso City Hall on September 14, 1993. 1. CALL TO ORDER AND ROLL CALL - Chairperson Charles Willey called the meeting to order at 7:00 p.m. and declared a quorum present. 2. CONSIDER APPROVAL OF THE MINUTES OF AUGUST 26, 1993 - The Commission reviewed the minutes of August 26,1993. Pat Imbriano moved, seconded by Charles Willey, to approve the minutes as written. A vote on the motion was recorded as follows: Pat Imbriano - Yes Charles Willey - Yes Gary Wells - Yes The motion carried 3 -0. 3. FINAL PLAT - BARRINGTON POINT (21 -21 -14) - A Request for a Review of the Final Plat for Barrington Point; an Addition to the City of Owasso; Containing a Part of the NW/4 of the SW/4 of Section 21, T21N, R14E, Tulsa County, Oklahoma. Barrington Point is Located just North of Owasso High School, Immediately East of 129th East Avenue. Mr. Rooney presented the staff report. The Owasso Planning Commission reviewed the preliminary plat for Barrington Point at its June 15, 1993 meeting. At that meeting, the Owasso Planning Commission unanimously recommended approval of the preliminary plat for Barrington Owasso Planning Commission Minutes of September 16, 1993 Page 2 Point subject to the conditions of the Technical Advisory Committee being met prior to final plat submittal. The final plats for Barrington Point were presented to the Technical Advisory Committee at its August 4, 1993 meeting. At that time changes were recommended to be made to the final plats and have been included to the final copy of the plats presented. Mr. Rooney explained that because the developers requested that the land area be platted into three separate groups, this did require some changes to the construction plans above and beyond what was submitted for review at the preliminary plat stage. Unfortunately, these amended plans were not available for the August meeting and that is why this item had been carried over to the September agenda. Mr. Rooney explained that since that time the engineering department had reviewed the construction plans for all phases of the proposed Barrington Point. Other than minor changes to the drainage reports to make them more easily understandable, there was no reason to not approve these plats. Mr. Imbriano motioned, seconded by Mr. Willey, that the final plats for Barrington Point I, II, and III be approved. A vote on the motion was recorded as follows: Pat Imbriano - Yes Charles Willey - Yes Gary Wells - Yes The motion carried 3 -0. Site Plan Review - Yale Cleaners - A Request for a Site Plan Review of Yale Cleaners, Located on Lot 3, Block 1, Ram Plaza. Mr. Rooney presented the report. The site plan submitted provided 22 parking spaces, more than the 19 required by the zoning code. Lot traffic and landscaping had both been addressed by the site plan and it appears to adhere to all of the City of Owasso's development regulations. A brief discussion was held over the location of an electrical transformer on the lot. Pat Imbriano motioned to approve the Yale Cleaners site plan. Gary Wells seconded the motion. A vote on the motion was recorded as follows: Pat Imbriano - Yes Gary Wells - Yes Charles Willey - Yes The motion carried 3 -0. Owasso Planning Commission Minutes of September 16, 1993 Page 3 5. Final Plat - Windsor lake lI Extended (21-21-14) - A Request for a review of the Final Plat for Windsor Lake 11 Extended, an Addition to the City of owasso; Containing a Part of the SW/4 of the NW/4 of Section 21, T21N, R14E, Tulsa County, Oklahoma. Windsor Lake H Extended is a 4 Lot Subdivision Located just West of Windsor Lake H. Mr. Rooney explained that previously these lots were included as a portion of Windsor Lake II, but at the time the developers were going for final plat approval of Windsor Lake II, these lots had construction problems. Rather than holding up the platting and building that would occur in Windsor Lake II, the developers requested that the four lots be removed and added to a future development or platted separately. The Construction Plans for these four lots were included within Windsor Lake II, have been approved both by the City and the State Health Department, and all improvements inspected. Mr. Rooney explained that the infrastructure for these four lots had been there for quite some time, the only problem was the street construction. Mr. Rooney recommended one change to the submitted plat, changing two of the building lines from a shown 15 feet to 25 feet in order to make these setbacks more consistent with a planned development to the west. Mr. Wells motioned to approve the final plat of Windsor Lake II Extended including the staff's recommended changes. Mr. Imbriano seconded the motion. A vote on the motion was recorded as follows: Gary Wells - Yes Pat Imbriano - Yes Charles Willey - Yes 6. Final Approval - Owasso Subdivision Regulations - A Request for Final Review and Approval of the Owasso Subdivision Regulations. Mr. Rooney presented the staff memorandum. He explained that this document had been through four public hearings and that the development community had ample opportunity for public input. Despite three changes, the document was essentially the same from the last time the Planning Commission had seen it. The three changes were reviewed to the Planning Commission. Mr. Willey agreed that there was more than ample opportunity for public comment. Nobody from the public commented on this document. Owasso Planning Commission Minutes of September 16, 1993 Page 4 Mr. Willey motioned to approve the Owasso Subdivision Regulations as submitted. Mr. Wells seconded the motion. A vote on the motion was recorded as follows: Charles Willey - Yes Gary Wells - Yes Pat Imbriano - Yes 7. New Business - No discussion was held. 8. Report on Planning Items Previously Forwarded to City Council for Action - No discussion was held. 9. Discussion of Development In and Near Owasso - Mr. Rooney explained that the preliminary plat for Windsor Lake III had been changed and a portion of the area included in that plat would be called "Camden Yard." 10. Adjournment - Pat Imbriano moved, Gary Wells seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Pat Imbriano - Yes Gary Wells - Yes Charles Willey - Yes The motion carried 3-0 and the meeting was adjourned at 7:40 p.m. Chairperson Secretary Date OWASSO PLANNING COMMISSION The agenda for the meeting was posted in the Owasso City Hall, 207 S. Cedar, on September 27, 1993. 1. CALL TO ORDER AND ROLL CALL - Chairperson Ray Haynes called the meeting to order at 5:45 PM and declared a quorum present. 2. SITE PLAN REVIEW - DR. TRACY STANDRIDGE CHIROPRACTIC OFFICE - Mr. Rooney presented the staff report regarding the site plan. He stated that while the applicant has complied with all other conditions of the PUD (setbacks, parking spaces, proposed use), staff has not received a copy of the required landscaping plan. The applicant, Dr. Standridge, stated his builder Pat Woods was to bring those plans to the meeting and was supposed to be at the meeting. After a brief discussion of possible alternatives, Ray Haynes moved, seconded by Pat Imbriano, to table this item until all of the necessary information is received. 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. MINUTES OF SPECIAL MEETING Monday, October'4, 1993, 5:45 PM Owasso Community Center 301 S. Cedar, Owasso, Oklahoma MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Ray Haynes Dewey Brown Tim Rooney Gary Wells Charlotte White Pat Imbriano Charles Willey The agenda for the meeting was posted in the Owasso City Hall, 207 S. Cedar, on September 27, 1993. 1. CALL TO ORDER AND ROLL CALL - Chairperson Ray Haynes called the meeting to order at 5:45 PM and declared a quorum present. 2. SITE PLAN REVIEW - DR. TRACY STANDRIDGE CHIROPRACTIC OFFICE - Mr. Rooney presented the staff report regarding the site plan. He stated that while the applicant has complied with all other conditions of the PUD (setbacks, parking spaces, proposed use), staff has not received a copy of the required landscaping plan. The applicant, Dr. Standridge, stated his builder Pat Woods was to bring those plans to the meeting and was supposed to be at the meeting. After a brief discussion of possible alternatives, Ray Haynes moved, seconded by Pat Imbriano, to table this item until all of the necessary information is received. 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. 3. ADJOURNMENT - Charles Willey moved, seconded by Pat Imbriano to adjourn the meeting. The motion carried 4-0 and the meeting was adjourned at 6:00 PM. Chairperson Secretary Date MEMORANDUM TO: PLANNING COMMLSSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: SITE PLAN REVIEW FOR DR. TRACY CHIROPRACTIC OFFICE LOT 2, BLOCK 1, RAM PLAZA DATE: October 13, 1993 STANDRIDGE Dr. Tracy Standridge, of Owasso, has submitted a proposed site plan for a new office which would be located on Lot 2, Block 1, of Ram Plaza for his Chiropractic Office. Ram Plaza is located on the northwest corner of 86th Street North and 129th East Avenue. Because the subject property is contained within a PUD, both its site plan and landscaping plan must be approved by the Planning Commission prior to any development. Review of the site plan by staff indicated that all necessary parking requirements have been met by the applicant as 22 parking spaces would be the minimum required in order to be in compliance with the Owasso Zoning Code. The applicants have shown 29 parking spaces on their site plan. The applicant has maintained all required setbacks for development. The applicant has designated areas within the site plan intended for landscaping, and a copy of the detailed landscaping plan has been included within your packet. The site plan that was included within your Special Meeting packet should be brought to this meeting as I have not included an additional copy for this meeting. The landscaping plan indicates the utilization of bradford pear trees along the street frontage of E. 86th Street North and various other small trees and shrubbery closer to the building. In addition, it should be noted by the applicant that the entire PUD site is permitted to have two (2) free - standing pole signs and signage for this project is likely to be limited to building signage only. All other facets of the proposed site plan appear to be in conformance with the City of Owasso's Zoning Code requirements. RECOMMENDATION Staff would recommend approval of the proposed site plan as presented conditioned upon a pre - construction meeting being held prior to the issuance of a building permit. ENCLOSURE Landscaping Plan for Dr. Tracy Standridge Chiropractic Office. MEMORANDUM TO: PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: SITE PLAN REVIEW FOR TIERRA VISTA NURSERY DATE: October 13, 1993 Tierra Vista, Incorporated subject property is located on a Portion of Lot 26, Block 5, of Three Lakes Addition, located on the East Highway 169 Service Road just South of East 83rd Street North. Previously, the Planning Commission approved a site plan for Tierra Vista Nursery in May of 1993. At that meeting, the Planning Commission unanimously approved the submitted site plan conditioned upon a preconstruction meeting being held with city staff. That meeting was held prior to the issuance of the building permit. In early October, upon beginning the construction of the Tierra Vista project, Ross Flood the President of Tierra Vista, Inc. contacted Mr. Compton and stated his desire to move the original building shown on the site plan forward approximately 20 feet forward on the site. It was explained to Mr. Flood that the original site plan was approved by the Planning Commission and any deviation from that would need to be reviewed again, despite the amended site plan meeting all applicable zoning regulations. Mr. Flood has resubmitted a site plan for the Planning Commission's review. It should be noted that the building sizes have not increased from the original site plan. The only changes have been the relocation of the building 20 feet closer to the Highway 169 Service Road and a loss of six (6) parking spaces. The amended site plan meets all zoning requirements for a CG (Commercial General) Zoning District. RECOMMENDATION Staff would recommend approval of the amended site plan. ENCLOSURE 1. The amended site plan for Tierra Vista Nursery. 2. Letter from Mr. Ross Flood. 3. Site Plan Review Memo for Tierra Vista from May of 1993. TIERRA VISTA INC. October 5, 1993 Mr. Steve Compton Assistant City Manager City of Owasso P.O. Box 180 Owasso, OK 74055 Mr. Compton, I appreciate the opportunity to visit with you about the new building (Garden Center) that Tierra Vista Inc. is starting to build in Owasso. As you well know Tierra Vista received a building permit a couple of months ago. Just recently we started grading the lot and removing old structures and trash. Once I was able to stake the building location I immediately noticed the building was set back much farther than all the other existing building on this street. I am asking the Planning Commission to allow me to build the same approved building and structure closer to the street. The building will be inside the property line and will not encroach on any easement. This same structure and building will follow all codes and building regulations. This request to move the building will allow for proper visibility for this nice looking garden center. Enclosed are new copies of the site plans. I understand that the Planning Commission will not meet again until October 21, 1993 to discuss and determine this request. I will be present to explain this move and answer all questions. In closing, I was scheduling this retail garden center to open in the 3rd week of November to assure December sales of Poinsettias, Christmas trees, etc. This can only happen if construction starts immediately. I understand the risk and will hopefully be able to explain to the Planning Commission the need and urgency to start this garden center. P.O. Box 472193 • Tulsa, Oklahoma 74147-2193 • 918/664 -2897 I would also like to thank the Owasso City officials, Planning Commission, and departments for the business relationship they have extended to us with this project. Sincerely, Ross Flood President 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 I . Site Plans for Owasso Garden Center. MEMORANDUM TO: PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: EXTENSION OF TIME REQUEST FOR OKLAHOMA BAPTIST RETIREMENT CENTER PRELIMINARY PLAT DATE: October 14, 1993 BACKGROUND The City of Owasso has received a request for an extension of time for the preliminary plat of Oklahoma Baptist Retirement H, an Addition to the City of Owasso, Tulsa County, Oklahoma. The subject property is located south of E. 76th Street North on 122nd East Avenue, directly west of the Oklahoma Baptist Retirement Center. Attached is a location map of the area in which the Oklahoma Baptist Retirement Center II property is located; as well as a letter from Mr. David Hall, Director of Independent Living at the retirement center. Staff is understands that the applicant is going to pursue final plat approval from the Owasso Planning Commission at the November meeting. Time expired on the preliminary plat for the Oklahoma Baptist Retirement Center II preliminary plat in November of 1992. RECOMMENDATION Staff recommends Planning Commission approval of the requested time extension in order to permit the applicants to process a final plat on this property in November. ATTACHMENTS 1. Location map. 2. Letter from Mr. David Hall. MEMORANDUM TO: PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: OLS -82 MINGO MANUFACTURING (2914) DATE: October 14, 1993 BACKGROUND Mingo Manufacturing is requesting a "formal" lot split from the Owasso Planning Commission for an area of the property containing the existing Mazio's Restaurant located on the northeast corner of the East Highway 169 Service Road and East 80th Street North. While beginning the process of platting the area contained within the Mingo Commerce Center (Agenda Item #7), it was discovered that the portion previously sectioned off that contains Mazio's Restaurant had never been through a formal lot split process with the City of Owasso. When doing the abstract of the property contained within the Mingo Commerce Center plat, a deed for a lot split was found that was never approved by the local governing body (Owasso Planning Commission). The clerk for Tulsa County should look for this approval prior to any filing. Staff is viewing this request as a "house cleaning" item which will allow the applicant to have clear title to the property. All necessary requirements of the City of Owasso's lot split regulations have been met. RECOMMENDATION Staff recommends approval of OLS -82. ENCLOSURE 1. A location Map for OLS -82. 2. A copy of the surveyed lot split. MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: PRELIMINARY PLAT - MINGO COMMERCE CENTER DATE: October 14, 1993 BACKGROUND A request for a review of the Preliminary Plat for Mingo Commerce Center has been submitted to the City of Owasso by White Surveying, Applicants for Mingo Manufacturing. Mingo Commerce Center is located on the north side of East 80th Street North, between Mazio's Restaurant and Wildwood Apartments. The subject property has split zoning: Lot 1, Block 1 of the proposed Mingo Commerce Center is zoned IL (Light Industrial) while Lots 2 and 3 of Block 1 of the proposed Mingo Commerce Center are zoned CS (Commercial Shopping Center). Approximately 4.6 acres are contained within the subject plat. The Technical Advisory Committee held a review on the Preliminary Plat on October 6, 1993 and recommended the following corrections /additions prior to the Final Plat submittal: PLAT 1. A 17.5' perimeter utility easement should be provided on the plat. 2. Two 1 P utility easements should be added along the shared north boundaries of Lots 2 and 3 with the southerly boundary of Lot 1. 3. Add reference to the N/W corner of Lot 1, Block 20 along with the P.O. B. 4. Double Oaks III and Elm Creek Clinic need to be added to the Location Map portion of the plat. 5. The proposed access area shown on the plat should be aligned with the existing islands located in E. 80th Street North. CERTIFICATE OF DEDICATION 1. The word "north" should be added to Item D, Subsection 1 in the covenants. 2. Acreage should be added to the legal description provided on the Certificate of Dedication. 3. Under Section I, Subparagraph F, Line Item No.2 needs to include the new tree policy statement in regards to planting within utility easements and rights -of -way. CONSTRUCTION PLANS 1. Discussion with staff was held regarding possible relocation of the detention area shown on this plat. If this occurs at final plat submittal, the detention report will need modification as well as relocation of the detention easement. 2. All other changes to the construction plans as recommended by the City Engineering Department should be made prior to final plat application. RECOMMENDATION With the above additions /corrections noted, staff would recommend approval of the Preliminary Plat with the condition that all of the above items be addressed prior to the Final Plat submittal. 1. Location map for Mingo Commerce Center. 2. Preliminary Plat for Mingo Commerce Center. 3. Certificate of Dedication for Mingo Commerce Center. 4. Detention Report for Mingo Commerce Center. 5. Memo from Rohn Munn, Engineering Department. CERTIFICATE OF DEDICATION KNOW ALL PERSONS BY THESE PRESENTS, THAT MINGO PROPERTIES, A GENERAL PARTNERSHIP HEREINAFTER SOMETIMES CALLED "GRANTOR" IS THE OWNER OF THE FOLLOWING DESCRIBED REAL STATE SITUATED IN THE CITY OF OWASSO, TULSA COUNTY OKLAHOMA, TO -WIT: A PART OF LOT ONE (1), BLOCK TWENTY (20), ELM CREEK ESTATES FIRST ADDITION. AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 20; THENCE EAST ALONG THE NORTH LINE OF SAID LOT ONE (1), A DISTANCE OF 282.51 FEET TO THE POINT OF BEGINNING: THENCE CONTINUING EAST ALONG THE NORTH LINE OF SAID LOT ONE (1), A DISTANCE OF 330.97 FEET; THENCE DUE SOUTH A DISTANCE OF 622.67 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT ONE (1); THENCE DUE WEST ALONG THE SOUTH LINE OF SAID LOT ONE (1), A DISTANCE OF 323.70 FEET TO A POINT IN THE SOUTH LINE BEING 255.00 FEET OF THE SOUTH WEST CORNER OF SAID LOT ONE (1); THENCE N 00 -40 -07 W A DISTANCE OF 622.88 FEET TO THE POINT OF BEGINNING. AND HAVE CAUSED THE ABOVE DESCRIBED LAND TO BE SURVEYED, STAKED AND PLATTED AS SHOWN BY THE ACCOMPANYING PLAT, WHICH IS MADE A PART HEREOF AND HAVE DESIGNATED THE SUBDIVISION AS " MINGO COMMERCE CENTER" AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA. SECTION I STREETS, ACCESS, EASEMENTS, STORM WATER FACILITIES, UTILITIES AND OWNER RESPONSIBILITIES: A. PUBLIC STREETS AND EASEMENTS: NOW THEREFORE, THE UNDERSIGNED OWNER, DEDICATES FOR THE PUBLIC USE THE STREET RIGHT -OF -WAY AS SHOWN ON THE ACCOMPANYING PLAT AND FURTHER DEDICATED FOR THE PUBLIC USE, EASEMENTS AND RIGHTS -OF -WAY AS SHOWN AND DESIGNATED ON THE ACCOMPANYING PLAT FOR THE SEVERAL PURPOSES OF CONSTRUCTION, MAINTAINING, OPERATION, REPAIRING, REMOVING AND REPLACING STORM WATER DETENTION FACILITIES AND ANY AND ALL PUBLIC UTILITIES, INCLUDING THE STORM AND SANITARY SEWERS, TELEPHONE LINES, ELECTRIC POWER LINES AND TRANSFORMERS, GAS LINES, WATER LINES AND CABLE TELEVISION, TOGETHER WITH ALL FITTINGS AND EQUIPMENT FOR EACH OF SUCH FACILITIES, INCLUDING THE POLES, WIRES, CONDUITS, PIPES, VALVES, METERS AND ANY OTHER APPURTENANCES THERETO WITH THE RIGHT OF INGRESS AND EGRESS TO AND UPON AFORESAID. NO BUILDING, STRUCTURE, OR OTHER ABOVE OR BELOW GROUND OBSTRUCTION THAT WILL INTERFERE WITH THE PURPOSES AFORESAID, WILL BE PLACED, ERECTED, INSTALLED OR PERMITTED UPON THE EASEMENTS OR RIGHTS -OF -WAYS AS SHOWN, PROVIDED HOWEVER, THAT THE OWNERS HEREBY RESERVE THE RIGHT TO CONSTRUCT, MAINTAIN, OPERATE, LAY AND RELAY WATER AND SEWER LINES TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO, OVER, ACROSS AND ALONG ALL STRIPS OF LAND INCLUDED WITHIN THE EASEMENTS SHOWN ON THE PLAT, BOTH FOR THE FURNISHING OF WATER AND /OR SEWER SERVICES TO THE AREA INCLUDED IN SAID PLAT. LIMITS OF NO ACCESS: THE OWNERS HEREBY RELINQUISH RIGHTS OF INGRESS AND EGRESS TO THE ABOVE DESCRIBED PROPERTY WITHIN THE BOUNDS DESIGNATED AS "LIMITS OF NO ACCESS" (LNA), AND SHOWN ON THE PLAT, EXCEPT AS MAY HEREAFTER BE RELEASED, ALTERED, OR AMENDED BY THE CITY OF OWASSO AND APPROVED BY THE OWASSO PLANNING COMMISSION OR ITS SUCCESSORS, OR AS OTHERWISE PROVIDED BY THE STATUTES AND LAWS OF THE STATE OF OKLAHOMA PERTAINING THERETO. THE .'OREGOING COVENANT SHALL BY ENFORCEABLE BY THE CITY OF OWASSO OKLAHOMA, OR ITS SUCCESSORS, AND THE OWNER OF EACH LOT AGREES TO BE BOUND THEREBY. C. MUTUAL ACCESS EASEMENT: 1: MUTUAL ACCESS EASEMENTS AS DEPICTED ON THE ACCOMPANYING PLAT ARE HEREBY ESTABLISHED FOR THE PURPOSE OF PROVIDING VEHICULAR AND PEDESTRIAN ACCESS TO EACH LOT IN THE ADDITION FROM PUBLIC DEDICATED STREETS. THE MUTUAL ACCESS EASEMENTS ARE FURTHER RESERVED FOR THE EXCLUSIVE BUT MUTUAL USE AND BENEFIT OF THE OWNERS OF LOTS IN THIS ADDITION, THEIR TENANTS, GUESTS AND INVITEES SUBJECT ONLY TO THE RIGHT OF REASONABLE USE THEREOF FOR THEIR RESPECTIVE NORMAL AND CUSTOMARY PURPOSES BY (A) THE OPERATORS OF AMBULANCES OR OTHER EMERGENCY VEHICLES, AND (B) LAW ENFORCEMENT AGENCIES OF THE CITY OF OWASSO, THE COUNTY OF TULSA, THE STATE OF OKLAHOMA AND THE UNITED STATES OF AMERICA, AND (C) THE CITY OF OWASSO FIRE DEPARTMENT, AND (D) THE UNITED STATES POSTAL SERVICE, AND (E) ALL PUBLIC UTILITY COMPANIES PROVIDING A PUBLIC UTILITY SERVICE TO, FROM OR WITHIN THE ADDITION, AND (F) ALL OTHER AGENCIES OF THE CITY OF OWASSO, THE COUNTY OF TULSA, STATE OF OKLAHOMA AND UNITED STATES OF AMERICA FOR USE THEREOF AS NECESSARY OR INCIDENTAL TO THE PERFORMANCE OF A GOVERNMENTAL FUNCTION OR DUTY OF SUCH AGENCY, AND (G) THE OPERATORS OF REFUSE COLLECTION SERVICES. NOTWITHSTANDING ANY PROVISION CONTAINED IN THIS CERTIFICATE, EXPRESSED OR IMPLIED, UNDER NO CIRCUMSTANCES IS THIS EASEMENT TO BE CONSIDERED AS DEDICATED TO THE PUBLIC EXCEPT AS AN EASEMENT, IT BEING EXPRESSLY INTENDED TO BE A PRIVATE STREET AND EASEMENT FOR PURPOSES AS SHOWN ON THE ACCOMPANYING PLAT OF THE ADDITION. D. ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES: IN CONNECTION WITH THE INSTALLATION OF UNDERGROUND ELECTRIC, TELEPHONE AND CABLE TELEVISION SERVICES, ALL OF THE LOTS ARE SUBJECT TO THE FOLLOWING: 1. OVERHEAD POLE LINES FOR THE SUPPLY OF ELECTRIC SERVICE, TELEPHONE AND CABLE TELEVISION SERVICE MAY BE LOCATED ALONG THE SOUTH AND EAST PROPERTY LINES OF THE SUBDIVISION. STREET LIGHT POLES OR STANDARDS MAY BE SERVED BY UNDERGROUND CABLE, AND ELSEWHERE THROUGHOUT THE SUBDIVISION, ALL SUPPLY LINES SHALL BE LOCATED UNDERGROUND IN THE EASEMENT WAYS RESERVED FOR GENERAL UTILITIES AND STREETS SHOWN ON THE ATTACHED PLAT. SERVICE PEDESTALS AND TRANSFORMERS, AS SOURCES OF SUPPLY AT SECONDARY VOLTAGES, MAY BE ALSO LOCATED IN SUCH EASEMENT WAYS. 2. EXCEPT TO BUILDINGS ON LOTS DESCRIBED IN PARAGRAPH (1) ABOVE, WHICH MAY BE SERVED FROM OVERHEAD SERVICE LINES, TELEPHONE LINES AND CABLE TV CABLES; UNDERGROUND SERVICE CABLES TO ALL BUILDINGS WHICH MAY BE LOCATED ON ALL LOTS IN THE SUBDIVISION MAY BE RUN FROM THE NEAREST SERVICE PEDESTAL OR TRANSFORMER TO THE POINT OF CONNECTION TO EACH BUILDING AS MAY BE LOCATED UPON SAID LOT; PROVIDED THAT UPON THE INSTALLATION OF SUCH A SERVICE CABLE TO A PARTICULAR BUILDING, THE SUPPLIER OF ELECTRIC SERVICE , TELEPHONE OR CABLE TELEVISION 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 BUILDING. 3. THE SUPPLIER OF ELECTRIC, TELEPHONE, AND 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 PURPOSE OF INSTALLING, MAINTAINING, REMOVING, OR REPLACING ANY PORTION OF SAID UNDERGROUND ELECTRIC, TELEPHONE OR CABLE TELEVISION SO INSTALLED BY IT. 4. 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 UTILITY COMPANIES 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 OR ITS AGENTS OR CONTRACTORS. 5. 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. E. WATER AND SEWER LINES IN CONNECTION WITH THE PROVISIONS OF WATER AND SANITARY SEWER, ALL OF THE LOTS ARE SUBJECT TO THE FOLLOWING PROVISIONS, TO -WIT: 1. THE OWNER OF EACH LOT SHALL BE RESPONSIBLE FOR THE PROTECTION OF THE PUBLIC WATER MAINS AND THE PUBLIC SANITARY SEWER FACILITIES LOCATED ON HIS LOT AND SHALL PREVENT THE ALTERATION OF GRADE IN EXCESS OF THREE (3) FEET FROM THE ORIGINAL CONTOURS OF ANY CONSTRUCTION ACTIVITY WHICH MAY INTERFERE WITH SAID PUBLIC WATER MAINS AND /OR SANITARY SEWER FACILITIES. SAID ALTERATION OF GRADE RESTRICTIONS SHALL BE LIMITED TO EASEMENT AREAS. 2. THE CITY OF OWASSO OR ITS SUCCESSORS WILL 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., 3. THE CITY OF OWASSO OR ITS SUCCESSORS THROUGH ITS PROPER AGENTS AND EMPLOYEES SHALL AT ALL TIMES HAVE RIGHT OR ACCESS WITH THEIR EQUIPMENT TO ALL SUCH EASEMENT WAYS SHOWN ON SAID PLAT OR PROVIDED FOR IN THIS CERTIFICATE OF DEDICATION FOR THE PURPOSE OF INSTALLING, MAINTAINING, REMOVING AND REPLACING ANY PORTION OF SAID UNDERGROUND WATER AND SEWER FACILITIES. 4. THE FOREGOING COVENANT CONCERNING ENFORCEABLE BY THE CITY OF OWASSO OR ITS AGREES TO BE BOUND HEREBY. STORM WATER FACILITIES: WATER AND SEWER FACILITIES SHALL BE SUCCESSORS, AND THE OWNER OF THE LOT FOR THE COMMON USE AND BENEFIT OF THE OWNERS OF THE LOTS WITHIN THE ADDITION AND FOR THE BENEFIT OF THE CITY OF OWASSO, THE "GRANTOR" HEREIN ESTABLISH AND GRANT A PERPETUAL EASEMENT OVER AND ACROSS THE AREA DESIGNATED IN LOT ONE(1) , BLOCK ONE (1) AS "STORM WATER DETENTION EASEMENT" FOR THE PURPOSE OF PERMITTING THE CONSTRUCTION AND MAINTENANCE OF STORM WATER DETENTION FACILITIES NECESSARY TO MEET CITY OF OWASSO DETENTION REQUIREMENTS APPLICABLE TO THE ADDITION, AND FOR THE FURTHER PURPOSE OF PERMITTING THE FLOW, CONVEYANCE AND DISCHARGE OF STORM WATER RUNOFF FROM THE VARIOUS LOTS WITHIN THE ADDITION AND FROM PROPERTIES OUTSIDE THE ADDITION. 1. DETENTION AND DRAINAGE FACILITIES CONSTRUCTED IN THE DETENTION EASEMENT SHALL BE IN ACCORDANCE WITH ADOPTED STANDARDS, PLANS AND SPECIFICATIONS APPROVED BY THE CITY OF OWASSO. 2. NO FENCE, WALL BUILDING, OR OTHER OBSTRUCTION MAY BE PLACED OR MAINTAINED IN THE DETENTION EASEMENT AREA NOR SHALL THERE BE ANY ALTERATION OF THE GRADES OR CONTOURS IN SUCH EASEMENT AREAS UNLESS APPROVED BY THE CITY OF OWASSO; PROVIDED HOWEVER THAT THE PLANTING OF TURF OR SINGLE TRUNK TREES HAVING A CALIPER OF NOT LESS THAN TWO AND ONE- HALF(2.5) INCHES SHALL NOT REQUIRE THE APPROVAL OF THE CITY OF OWASSO. 3. THE DETENTION EASEMENTS OR DRAINAGE AREAS AND THE FACILITIES LOCATED THEREON SHALL BE MAINTAINED BY THE OWNER OF LOT ONE (1), BLOCK ONE (1), MINGO COMMERCE CENTER, IN ACCORDANCE WITH THE FOLLOWING STANDARDS. A) THE DETENTION EASEMENT AREAS SHALL BE KEPT FREE OF OBSTRUCTION AND DEBRIS. B) THE DETENTION EASEMENT AREAS SHALL BE MOWED DURING THE GROWING SEASON AT INTERVALS NOT EXCEEDING FOUR (4),WEEKS, C) CONCRETE APPURTENANCES, IF ANY SHALL BE MAINTAINED IN GOOD WORKING CONDITION. D) TRICKLE CHANNELS OR PAVED AREAS, IF ANY, SHALL BE CLEANED OF SILTATION AND VEGETATION TWICE YEARLY. 4. IN THE EVENT THE OWNER OF SAID LOT ONE(1) SHOULD FAIL TO PROPERLY MAINTAIN THE DETENTION EASEMENT AREAS AND FACILITIES THEREIN SITUATED, AND PERFORM MAINTENANCE NECESSARY TO THE ACHIEVEMENT OF THE INTENDED DRAINAGE AND DETENTION FUNCTIONS, THE COST THEREOF SHALL BE PAID BY SAID OWNER OF LOT ONE(1) BLOCK ONE(1), MINGO COMMERCE CENTER. 5. IN THE EVENT THE AFORESAID OWNER OF LOT ONE(1) BLOCK ONE(1), MINGO COMMERCE CENTER FAILS TO PAY THE COST OF SAID MAINTENANCE AFTER COMPLETION OF THE MAINTENANCE AND RECEIPT OF A STATEMENT OF COSTS, THE CITY OF OWASSO MAY FILE , OF RECORD, A COPY OF THE STATEMENT OF COST, AND THEREAFTER THE COSTS SHALL BE A LIEN AGAINST THE PROPERTY. A LIEN ESTABLISHED AS ABOVE PROVIDED MAY BE FORECLOSED BY THE CITY OF OWASSO. G. OWNER RESPONSIBILITY WITHIN EASEMENTS: THE OWNER OF EACH LOT SHALL BE RESPONSIBLE FOR THE REPAIR OF DAMAGE TO LANDSCAPING AND PAVING OCCASIONED BY NECESSARY MAINTENANCE OF UNDERGROUND WATER, SEWER, STORM SEWER, GAS, COMMUNICATIONS, CABLE TELEVISION, OR ELECTRIC FACILITIES WITHIN THE UTILITY EASEMENTS DEPICTED ON THE ACCOMPANYING PLAT; PROVIDED HOWEVER, THE CITY OF OWASSO, OR THE SUPPLIER OF THE UTILITY SERVICE SHALL USE REASONABLE CARE IN THE PERFORMANCE OF SUCH ACTIVITIES. SECTION ENFORCEMENT, DURATION AND SEVERABILITY; A. ENFORCEMENT; THE RESTRICTIONS HEREIN SET FORTH ARE COVENANTS TO RUN WITH THE LAND AND SHALL BE BINDING UPON THE OWNERS, THEIR SUCCESSORS AND ASSIGNS AND ALL PARTIES CLAIMING UNDER THEM. IF THE UNDERSIGNED OWNERS, OR THEIR SUCCESSORS OR ASSIGNS, SHALL VIOLATE ANY OF THE COVENANTS HEREIN, IT SHALL BE LAWFUL FOR ANY PERSONS OWNING ANY LOT SITUATED WITHIN THE SUBDIVISION OR THE CITY OF OWASSO, TO MAINTAIN ANY ACTION AT LAW OR IN EQUITY AGAINST THE PERSON OR PERSONS VIOLATING OR ATTEMPTING TO VIOLATE ANY SUCH COVENANT, TO PREVENT HIM OR THEM FROM SO DOING OR TO COMPEL COMPLIANCE WITH THE COVENANTS OR TO RECOVER DAMAGES FOR SUCH VIOLATIONS. B. DURATION: THESE COVENANTS SHALL REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF THIRTY (30) YEARS FROM THIS DATE AND SHALL BE AUTOMATICALLY THEREAFTER RENEWED FOR ADDITIONAL TEN (10) YEAR TERMS UNLESS THE OWNERS OF THE LOTS IN MINGO COMMERCE CENTER WITH APPROVAL OF THE CITY OF OWASSO SHALL, IN WRITING TERMINATE THE SAME BEFORE THE COMMENCEMENT OF ANY RENEWAL PERIOD OF THE SAME. THE COVENANTS MAY BE AMENDED FROM TIME TO TIME BY THE CONSENT OF APPLICABLE UTILITY 'OMPANIES, THE CITY OF OWASSO, ALL THE OWNERS, AND THE OWASSO PLANNING COMMISSION OR HEIR SUCCESSORS, OR AS OTHERWISE PROVIDED BY LAW. C. SEVERABILITY: INVALIDATION OF ANY RESTRICTION SET FOURTH HEREIN OR ANY PART THEREOF JUDGMENT, OR DECREE OF ANY COURT, OR OTHERWISE, SHALL NOT INVALIDATE OR THE OTHER RESTRICTIONS OR ANY PART THEREOF SET FORTH HEREIN, WHICH SHALL FORCE AND EFFECT. .A WITNESS WHEREOF, THE OWNERS HAVE CAUSED THESE PRESENTS TO THIS DAY OF RONALD G. WITTEN RAYMOND L. WITTEN BY AN ORDER, AFFECT ANY OF REMAIN IN FULL BE EXECUTED .1993. MINGO PROPERTIES, A GENERAL PARTNERSHIP BOBBIE B. WITTEN BOBBIE R. WITTEN TERRY L. INGLE JANET F. INGLE STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, ON THIS OF 1993, PERSONALLY APPEARED RONALD G. WITTEN, BOBBIE B. WITTEN, RAYMOND L. WITTEN, BOBBIE R. WITTEN, TERRY L. INGLE, JANET F. INGLE TO ME KNOWN TO BE THE IDENTICAL PERSON WHO SUBSCRIBED THE NAME OF THE MAKER THAT THEY EXECUTED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED, FOR THE USED AND PURPOSES THEREIN SET FOURTH. GIVEN UNDER MY HAND AND SEAL THE DAY AND YEAR LAST ABOVE WRITTEN. NOTARY PUBLIC MY COMMISSION EXPIRES: ERTIFICATE OF SURVEY; I, TOM A. HAYNES, REGISTERED PROFESSIONAL LAND SURVEYOR #1052 IN THE STATE OF OKLAHOMA, ON THIS DAY OF 1993, AT TULSA, OKLAHOMA, 00 HEREBY CERTIFY THAT I HAVE CAREFULLY AND ACCURATELY SURVEYED, STAKED, SUBDIVIDED AND PLATTED THE TRACT OF LAND DESCRIBED HEREON AND THAT THE ABOVE PLAT, DESIGNATED MINGO COMMERCE CENTER, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, IS A TRUE REPRESENTATION OF SAID SURVEY. TOM A. HAYNES STATE OF OKLAHOMA ) ) SS COUNTY OF TULSA ) BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC, IN AND FOR SAID COUNTY AND STATE, ON THIS DAY OF 1993, PERSONALLY APPEARED TOM A. HAYNES, PERSONALLY KNOWN TO ME TO BE THE IDENTICAL PERSON WHO EXECUTED THE WITHIN AND FORGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SAME AS HIS FREE AND VOLUNTARY ACT DEED, FOR THE PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND SEAL THE DAY AND YEAR ABOVE WRITTEN. NOTARY PUBLIC MY COMMISSION EXPIRES; RECEIVED SEP 17 1993 OWASSO PLANNING COMM, MINGO COMMERCE CENTER DETENTION REPORT SEP 171993 OWASSO PLANNING COMM. OWNER: Mingo Properties, a General Partnership 11310 East 81st Street North Owasso, OK ENGINEER: White Surveying Co. 9936 East 55th Place Tulsa, OK 74146 DATE: September 16, 1993 MINGO COMMERCE CENTER ENGINEERS CONCEPT STATEMENT FOR ONSITE DETENTION GENERAL CONCEPT MINGO COMMERCE CENTER IS A MIXED USE DEVELOPMENT IN OWASSO, EAST OF U.S. HIGHWAY 169, NORTH OF EAST 80TH STREET. AT THIS TIME THE PROPERTY IS UNDEVELOPED WITH HEAVY GRASS COVER. THERE IS NO OTHER VEGETATION ON THE SITE WHICH WOULD EFFECT THE DRAINAGE CHARACTERISTICS FOR DETENTION POND DESIGN. FOR THE PURPOSES OF DETERMINING EXISTING STORM WATER DISCHARGES, WE HAVE ASSUMED THAT THE RUNOFF CHARACTERISTICS ARE THOSE DEFINED BY SOIL CONSERVATION SERVICE TECHNICAL RELEASE NO. 55 LABELED SHORT GRASS, PASTURE, AND LAWN. THE TULSA COUNTY SOIL SURVEY DEFINES THE SOIL ON SITE AS BEING IN HYDROLOGIC SOIL GROUP C. THE PROPOSED DEVELOPMENT IS A MIXED USE DEVELOPMENT WITH THE NORTH PART OF THE PROPERTY BEING AN INDUSTRIAL USE AND THE SOUTH PART OF THE PROPERTY BEING A COMMERCIAL USE. FOR THE PURPOSES OF THIS DETENTION ANALYSIS WE HAVE USED AN IMPERVIOUS FACTOR OF 0.90 FOR THE ENTIRE 5.36 ACRE SITE. OUR INTENT IS TO COLLECT ALL STORM WATER FROM THE SITE INTO THE DETENTION FACILITY WHICH ELIMINATES SIGNIFICANT BYPASS FROM THIS PROJECT, POND COMPUTATIONS THE SYNTHETIC UNIT HYDROGRAPH METHOD USED WAS THE SCS METHOD . WE HAVE ANALYZED THE 5 YEAR AND 100 YEAR STORM USING THE SCS TYPE II RAINFALL DISTRIBUTION CURVE. DURING THE ANALYSIS OF THIS SITE OUR ORIGINAL INTENTION WAS TO LOCATE THE DETENTION FACILITY IN THE INDUSTRIAL TRACT WHICH WOULD LEAVE A MORE MARKETABLE COMMERCIAL PROPERTY FACING EAST BOTH STREET. DURING THIS ANALYSIS WE DETERMINED THAT THE BYPASS OF THE FIVE -YEAR DEVELOPED EVENT FROM THE COMMERCIAL PROPERTY EXCEEDED THE NATURAL CONDITION FIVE -YEAR EVENT FOR THE ENTIRE SITE. THIS INFORMATION REQUIRED THE POND TO BE LOCATED IN ITS PRESENT LOCATION. THE TABLES FOLLOWING THIS STATEMENT OUTLINE THE ELEVATION- STORAGE - OUTFLOW RELATIONSHIP OF THE PROPOSED DETENTION AREA. THE DETENTION REPORT IS ORGANIZED IN THE FOLLOWING FORM: PROJECT SUMMARY • TOTAL DEVELOPED SITE OUTFLOW 100YR, 6HR STORM • TOTAL DEVELOPED SITE OUTFLOW SYR, 6HR STORM • TOTAL EXISTING SITE 10OYR, 6HR STORM • TOTAL EXISTING SITE SYR, 6HR STORM • OUTLET STRUCTURE REPORT EDSC WATERSHED MODELING 9/14/93 PROJECT SUMMARY PROJECT NAME : MINGO MANUFACTORING RAINFALL : TULSA.RND Page 1 [UNIT HYDROGRAPHI 1 EXISTING ONSITE & OFFSITE Type CURVILINEAR UH Peak flow 22.137 cfs Peak time 2 DEVELOPED Type CURVILINEAR UH Peak flow 21.003 cfs Peak time (HYDROGRAPHI 1 EXISTING 5 YR 6 HR Type COMPUTED FLOOD Peak flow Unit hydrograph 1 EXISTING ONSITE & OFFSITE 2 EXISTING 100 YR 6 HR Type COMPUTED FLOOD Peak flow Unit hydrograph 1 EXISTING ONSITE & OFFSITE 3 DEVELOPED SYR 6HR POND INFLOW Type COMPUTED FLOOD Peak flow Unit hydrograph 2 DEVELOPED 4 DEVELOPED 100YR 6HR POND INFLOW Type COMPUTED FLOOD Peak flow Unit hydrograph 2 DEVELOPED 5 TOTAL SITE OUTFLOW SYR 6HR Type RESER STOR. IND Peak flow Inflow hydrograph 3 DEVELOPED SYR 6HR POND INFLOW Reservoir 1 DETENTION POND 8.900 cfs Peak time 724.000 min 23.089 cfs Peak time 724.000 min 18.379 cfs Peak time 724.000 min 33.125 cfs Peak time 724.000 min 9.340 cis Peak time 734.000 min 9/14/93 WATERSHED MODELING... continued... Page 2 [HYDROGRAPH] 6 TOTAL SITE OUTFLOW 100YR 6HR Type RESER STOR. IND Peak flow 16.147 cfs Peak time 734.000 min Inflow hydrograph 4 DEVELOPED 100YR 6HR POND INFLOW Reservoir 1 DETENTION POND [RESERVOIR] 1 DETENTION POND Storage type MAN STAGE /AREA Max storage 69019.000 cuft Discharge type COMP STAGE /DISC Max discharge 27.721 cfs Connecting Structures 1 241- RCP a 0.5% [OUTLET STRUCTURE] 1 24" RCP a 0.5% Type CIRCULAR CONCRETE w/ square edge w/ headwall Max discharge 27.732 cfs EDSC WATERSHED MODELING 9/13193 Page 1 HYDROGRAPH REPORT RECORD NUMBER 4 TYPE COMPUTED FLOOD DESCRIPTION DEVELOPED 100YR 6HR POND INFLOW [ HYDROGRAPH INFORMATION] Peak Discharge 33.12 (cfs) Volume 2.52 (acft) Time Interval 2 (min) Timeto Peak 724.00 (min) Time of Base 1476.00 (min) Multiplication factor 1.00 [UNIT HYDROGRAPH INFORMATION] Unit hydrograph 2 Unit hydrograph typeCURVILINEAR UN Peak Discharge 21.00(cfs) Shape Factor 484.00 Time Interval 2 (min) Time to Peak 11.58 (min) Time of Base 57.90 (min) Rainfall Excess1.00 (in) Basin Lag Time 10.42 (min) [BASIN DESCRIPTION] Watershed Area 5.36 (ac) Curve Number 94 [TIME CONCENTRATION -- USER DEFINED] Time of Concentration = 17.37 (min) [RAINFALL DESCRIPTION] Distribution Type = SCS II Total Precipitation = 6.34 (in) Return Period = 100 (yr) Storm Duration = 6.00 (hr) EDSC WATERSHED MODELING 9/13/93 Page 1 HYDROGRAPH REPORT RECORD NUMBER : 3 TYPE : COMPUTED FLOOD DESCRIPTION : DEVELOPED 5YR 6HR POND INFLOW [ NYDROGRAPH INFORMATION] Peak Discharge 18.38 (cfs) Volume 1.35 (acf t) Time Interval 2 (min) Time to Peak 724.00 (min) Time of Base 1472.00 (min) Multiplication factor 1.00 [UNIT HYDROGRAPH INFORMATION] Unit hydrograph # = 2 Unit hydrograph type = CURVILINEAR UN Peak Discharge = 21.00 (cfs) Shape Factor = 484.00 Time Interval 2 (min) Time to Peak 11.58 (min) Time of Base 57.90 (min) Rainfall Excess1.00 (in) BasinLag Tim10.42 (min) (BASIN DESCRIPTION] Watershed Area 5.36 (ac) Curve Number 94 [TIME CONCENTRATION -- USER DEFINED] Time of Concentration = 17.37 (min) [RAINFALL DESCRIPTION] Distribution Type = SCS 11 Total Precipitation = 3.68 (in) Return Period = 5 (yr) Storm Duration = 6.00 (hr) EDSC 9/13/93 RECORD NUMBER 2 TYPE COMPUTED FLOOD DESCRIPTION EXISTING 100 YR 6 HR [ HYDROGRAPH INFORMAI WATERSHED MODELING HYDROGRAPH REPORT ION] Page 1 Peak Discharge = 23.09 (cfs) Volume = 1.54 (acft) Time Interva l = 1 (min) Time to Peak = 724.00 (min) Time of Base = 1440.00 (min) Multiplication factor., = 1.00 [UNIT HYDROGRAPH INFORMATION] Unit hydrograph # = 1 Unit hydrograph type = CURVILINEAR UH Peak Discharge = 22.14 (cfs) Shape Factor = 484.00 Time I nterval = 1 (min) Time to Peak = 10.99 (min) Time of Base = 54.93 (min) Rainfall Excess = 1.00 (in) Basin Lag Time = 9.89 (min) (BASIN DESCRIPTION] [WEIGHTED WATERSHED AREA] DESCRIPTION AREA CN# MEADOW, GOOD CONDITION, ONSITE 4.68 71 COMMERCIAL, OFFSITE 0.68 94 Overall Approximation 5.36 74 [TIME CONCENTRATION -- USER DEFINED] Time of Concentration = 16.48 (min) [RAINFALL DESCRIPTION] Distribution Type = SCS II Total Precipitation = 6.34 (in) Return Period = 100 (yr) Storm Durat ion = 6.00 (hr) EDSC WATERSHED MODELING 9/13/93 RECORD NUMBER TYPE COMPUTED FLOOD DESCRIPTION EXISTING 5 YR 6 HR HYDROGRAPH REPORT [ HYDROGRAPH INFORMATION] Page 1 Peak Discharge = 8.90 (cfs) Vol ume = 0.60 (acft) Time Interval = 1 (min) Time to Peak = 724.00 (min) Time of Base = 1440.00 (min) Multiplication factor = 1.00 [UNIT HYDROGRAPH INFORMATION] Unit hydrograph # = 1 Unit hydrograph type = CURVILINEAR UH Peak Discharge = 22.14 (cfs) Shape Factor = 484.00 Time Interval = 1 (min) Time to Peak = 10.99 (min) Time of Base = 54.93 (min) Rainfall Excess = 1.00 (in) Basin Lag Time = 9.89 (min) [BASIN DESCRIPTION] [WEIGHTED WATERSHED AREA] DESCRIPTION AREA CN# MEADOW, GOOD CONDITION, ONSITE 4.68 71 COMMERCIAL, OFFSITE 0.68 94 Overall Approximation 5.36 74 [TIME CONCENTRATION -- USER DEFINED] Time of Concentration = 16.48 (min) [RAINFALL DESCRIPTION] Distribution Type = SCS II Total Precipitation = 3.68 (in) Return Period = 5 (yr) Storm Duration = 6.00 (hr) EDSC WATERSHED MODELING 9/14/93 Page 1 OUTLET STRUCTURE REPORT RECORD NUMBER : 1 TYPE : CIRCULAR CONCRETE w/ square edge w/ headwall DESCRIPTION : 24" RCP a 0.5% [RATING CURVE LIMIT] Minimum Elevation = 597.76 (ft) Maximum Elevation = 602.60 (ft) Elevation Increment = 0.10 (ft) [OUTLET STRUCTURE INFORMATION] Circular Radius = 1.00000(ft) Culvert Invert Elevation = 597.76300 (ft) Slope = 0.00500 Manning's N- value = 0.01300 Orifice Coefficient = 0.60000 Tailwater = 596.83002 (ft) Number barrels = 1 (UNSUBMERGED EQUATION] H /Diam = He /Diam + K *(Q /A *Diam ^0.5)) ^M - 0.5 *S ^2 Coefficient K = 0.00980 coefficient M = 2.00000 [SUBMERGED EQUATION] H /Diam = c *(O /(A *Diam ^0.5)) ^2 + Y - 0.5 *S ^2 Coefficient c = 0.03980 Coefficient Y = 0.67000 [DEFINITIONS] H = Headwater depth above inlet control section invert, (ft) Diam = Inerior height of culvert barrel, (ft) He = Specific head at critical depth (dc + Vc^2 /2g), (ft) Q = Discharge, (cult /s) A = Full cross sectional area of culvert barrel, (sgft) S = Culvert barrel slope, (ft /ft) EDSC WATERSHED MODELING 9/14/93 Page 1 RESERVOIR REPORT RECORD NUMBER : 1 STORAGE TYPE : MAN STAGE /AREA DISCHARGE TYPE : COMP STAGE /DISC DESCRIPTION : DETENTION POND [RATING CURVE LIMIT] Minimum Elevation = 597.76 (ft) Maximum Elevation = 602.60 (ft) Elevation Increment = 0.10 (ft) [STAGE STORAGE INFORMATION] Input file = NULL Output file NULL (Manual Contour Area vs. Elevation] ELEVATION CONTOUR AREA (ft) (sgft) 598.00 896.00 599.00 14484.00 600.00 16800.00 601.00 17585.00 602.00 18371.00 602.60 18828.00 [STAGE DISCHARGE INFORMATION] OUTLET STRUCTURE: STR # 1 TYPE : CIRCULAR CONCRETE u/ square edge u/ headwall DESCRIPTION : 24" RCP a 0.5% MEMORANDUM TO: TIMOTHY ROONEY CITY PLANNER FROM: ROHN MUNN ENGINEERING DEPARTMENT SUBJECT: REVIEW OF CAMDEN PARK AND MINGO COMMERCE CENTER DATE: October 13,1993 The Staff has reviewed the above projects and feel at this time the changes requested are not major enough to abort the continuation. However, the Staff does recommend that all changes requested be made, reviewed and approved prior to any plat release. CITY OF OWASSO Planning Department OZ -97 Staff Report Timothy D. Rooney - City Planner BACKGROUND APPLICANT AND STATUS OF APPLICANT: Trail's End Development, owners and applicants. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from RS -2 (Residential Single - Family Medium Density) to RS -3 (Residential Single - Family High Density) to allow for the development of a single - family homes. LOCATION AND SIZE: The general location of the property is just north of the Owasso Jr. High School, immediately east of the proposed Barrington Point Additions. The legal description of the property is the Northeast Quarter of the Southwest Quarter of Section 21, Township 21 North, Range 14 East of the I.B. & M., Tulsa County, Oklahoma, containing 40 acres, more or less. EXISTING LAND USE: The subject property is undeveloped. SURROUNDING LAND USE: Property immediately south of the subject site is developed as the site of Owasso Jr. High School zoned AG, while further south is East 86th Street North. West of the subject site is the proposed Barrington Point Additions, the most southerly portion (300') being zoned RD (Residential Duplex) while the northerly portion is zoned RS -2. Property to the north of the subject site is also undeveloped and zoned RS -2. Property to the east of the subject site contains the proposed Brentwood Estate Additions, also zoned RS -2. COMPREHENSIVE PLAN: The Comprehensive Plan identifies the subject area as being appropriate for Residential Low Density uses. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments" and Chapter 4 "Residential District Provisions." SITE INFORMATION: Both sewer and water are available to the subject site via line extensions. ANALYSIS In review, the applicants are requesting a rezoning from RS -2 to RS -3 for a 40 acre tract of land abutting both Barrington Point to the west and Owasso Jr. High School to the south. This tract of land is undeveloped. Staff can be supportive of a higher density zoning of the subject property to some degree. Because the subject parcel is abutted on the south by a school, potential problems could arise between a medium density single - family housing and the various intensities that could occur on the school site. In fact one can easily see that all schools in Owasso, with the exception of the Senior and Jr. High School complex, are located in high density single family zoning districts. In 1992, immediately west of this rezoning request, Mr. Kourtis requested a rezoning of his 40 acre tract of land as well. Through the review process, staff was supportive of a 300 foot strip of RD (Residential Duplex) abutting the Sr. High School, but was not supportive of rezoning the entire tract of land. The primary reason why staff supported a rezoning on that tract of land was due to the intensities of uses to the south (school complex) and because the rezoning to duplex would act as a buffer between the school and the RS -2 housing found to the north throughout this section. This brings up another important note. The portions of this square mile section that are within the city limits (nearly all of the section), have developed under RS -2 zoning. All planned single - family development in this section is for RS -2 lot sizes or larger as well. It is staff's opinion today, as it was in August of 1992, that higher density development on any one large tract within this section would not be compatible to the larger home sites found and being planned to the north, west, and east of this site. Included within you packet is the staff report for Mr. Kourtis' rezoning request to the property immediately west for your information and review. Legal publication for this rezoning occurred on September 30, 1993 in the Owasso Reporter. RECOMMENDATION: Staff has highlighted the reasons for the need of a buffer zone between the Jr. High School site and the RS -2 developments found to the north, but the need for the entire 40 acre tract to act as that buffer is not necessary and would conflict with the existing and planned development located within the section. Therefore, I recommend approval of RS -3 zoning on the south 300' of the subject tract and that the remainder of the tract stay RS -2. ATTACHMENT: 1. Case Map with Surrounding Zoning. 2. OZ -89 Staff Report. OZ-97 MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVE COMPTON ASSISTANT CITY MANAGER SUBJECT: STAFF REPORT FOR OZ -89 (2114) DATE: August 25, 1992 BACKGROUND: The subject tract is vacant, 40 acres in size, located north of the Owasso High School complex with 1320 feet of frontage on 129th East Avenue, and is currently zoned Residential Single - Family Medium Density District (RS -2). It is abutted on the north and east by vacant land zoned RS -2, on the south by the high school zoned AG, and on the west by 129th and vacant land zoned Residential Single - Family High Density District (RS -3). The applicant is requesting that the tract be rezoned to a combination of RS -3 and Residential Duplex (RD). A Case Map is enclosed for your review. A review of the section (square mile) that the tract is located within establishes that all existing single - family development, all single - family development currently under construction or in the platting stage, and all future single - family development (zoning) is for RS -2 lot sizes or larger. However, the high school has future plans for some very intensive development (football field, parking lots, etc.) immediately adjacent to the south side of the subject tract. It is the staff's opinion that a buffer strip of higher intensity zoning adjacent to the high school property is appropriate. It is also staff's opinion that higher intensity zoning over the entire tract is not appropriate given the larger sized lots existing and planned for in this section. We have discussed our concerns with the applicant and he would be satisfied with a 300' wide strip of RD zoning along the south side of the property ( +/- 9 acres), then a second 300' wide strip of RS -3 ( +/- 9 acres), with the remaining 22 acres staying as currently zoned (RS -2). The staff can be supportive of the 300' wide strip of RD zoning along the south side of the subject tract to serve as the buffer between the high school complex and any single- family development, but we cannot support the second 300' wide strip of RS -3 zoning. It is our opinion that the RD will be the buffer and that there is no need to transition down through RS -3 to the RS -2. We see no compatibility differences between RD /RS -2 and RD /RS -3. In addition, Owasso City Council Staff Report for OZ -89 Page 2 it is our opinion that two formal 300' wide strips of zoning would be very restrictive on the applicant's ability to properly plan or lay -out a functional street pattern. The Owasso Planning Commission held a formal Public Hearing on this matter at their August 20th meeting. At that meeting, the staff Case Report was given, the applicant was given an opportunity to describe his request, and several interested parties explained their concerns. After hearing all issues and discussing the matter, the Planning Commission voted to recommend to the City Council that only the south 300 feet of the subject tract be rezoned to RD and that the remainder of the tract stay RS -2. RECOMMENDATION: Given the above cited reasons, I recommend approval of RD zoning on the south 300' of the subject tract and that the remainder of the tract stay as RS -2. If the Council agrees with the staff and Planning Commission's recommendation, I would also recommend approval of Ordinance No. 488 (see attached ordinance). ATTACHMENT: Case Map OZ-89 MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: FINAL PLAT - CAMDEN PARK DATE: October 15, 1993 BACKGROUND The Owasso Planning Commission reviewed a preliminary plat for Windsor Lake III at the June Planning Commission meeting. Since that time frame, the applicants, Trail's End Development, has adjusted their development plans. The final plat for Camden Park contains a portion of the property contained within the Windsor Lake III preliminary plat. Because the basic layout found in this plat was reviewed at the June meeting, staff is permitting the applicant to proceed with a final plat application of Camden Park. The final plat for Camden park was reviewed at the October 6, 1993 Technical Advisory Committee meeting. The following comments /recommendations are a direct result of that meeting: PLAT 1. Windsor Lake II & Windsor Lake Extended off -site easements need to be shown. 2 11' U/E is needed between Lots 20, 21, & 22 of Block 1. 3. Need the east easement to be increased to 17.5 U/E on Block 2. 4. Drainage Easements need to be shown on final plat, specifically a drainage easement is needed through Lots 17, 18, and 25 of Block 1 to ensure proper overland flow to box at 92nd Street North. 5. 10' U/E is needed in front of Lots 17 & 18, Block 1. 6. Lots 19 & 20, Block 1 - 5' & 5' U/E 7. Lots 14 & 15, Block 1 - 5' & 5' U/E 8. Lot 20, Block 1 - West 5' U/E for street light 9. Lots 9 & 10, Block 1 - 5' & 5' U/E 10. Lot 3, Block 1 - East 10' U/E 11. Lot 1, Block 2 - East 10' U/E 12. Lots 1, 2, & 3, Block 2 - 10' U/E North & 5' U/E South 13. Lot 13, Block 2 - 10' U/E North for street light 14. Lot 24, Block 1 - 10' U/E 15. Add a 17.5 utility easement in the back of Lots 17, 18 and 25 of Block 1. 16. Extend the Limits of No Access on Lot 1, Block 1 and Lot 2 of Block 2 to the end of the curve radius at the entrance of Camden Park. 17. Brentwood Estates needs to be added to the Location Map on the plat. DEED OF DEDICATION 1. The new policy regarding the planting of trees and shrubbery in or near utility easements needs to be added. Attached is a copy for your review. CONSTRUCTION PLANS 1. Attached are copies of the staff review regarding the construction plans. Staff and the applicant have met to discuss these changes and a memo from Rohn Munn, Engineering Technician is included addressing these changes. Enclosed within your packet are copies of the final plat for Camden Park showing all of the above changes being made to the plat as well as the Deed of Dedication. In addition to the TAC conditions being met, the applicant also requested a variance on several lots within the proposed Camden Park. The Board of Adjustment reviewed the applicant request for setback deviations and approved them at their special meeting on October 12, 1993. A copy of the Board of Adjustment staff report is enclosed for your review as well. RECOMMENDATION Staff is recommending Planning Commission approval of the Camden Park final plat provided that the City of Owasso receives a final copy of construction plans prior to this item being placed on the City Council agenda for final action. continued ATTACIEIENTS /ENCLOSURES 1. Location map for Camden Park. 2. Engineering Department comments on construction plans. 3. Memo from Rohn Munn, Engineering Technician. 4. Copy of the Board of Adjustment staff report. 5. Copies of the Final Plat and Deed of Dedication for Camden Park. 6. Tree Planting Policy. ENGINEERING DEPARTMENT REVIEW CAMDEN PARK * CONSTRUCTION PLANS - SHEET 2 of 9 1. Line A needs to show relationship to lot line. 2. Show existing box culvert near lot. 3. Show Bench Mark. 4. Need structure identified at entrance and data added to summary tables. 5. Show profile and ditch work of structure at entrance. 6. Need to see grading plan. - SHEET 3 OF 9 7. Show profile of structure at 129th East Avenue and E. 91st Street North. 8. State elevations as TC or centerline of pavement. - SHEET 4 OF 9 9. Show long service taps (for instance, Lots 19,20 of Block 1). 10. At N. 130th E. Avenue & E. 92nd Street North, make one bend instead of two, then revise service tap locations. 11. Check to see if ARV needed at station 44. 12. Show F.H. locations and all gate valves. 13. Show how line is to tie into Windsor Lake II Amended. 14. State Bench mark. - SHEET 5 OF 9 15. Show bore and sleeve with dimensions at entrances to subdivision. 16. Dimension all sleeves with relationship to street. 17. Do we need an ARV at station 44 +00? 18. State requirements to follow for all pipe that crosses over sanitary sewer if less than two feet clearance (Station 44 +50). - SHEET 6 OF 9 19. Dimension all sanitary sewer lines with relationship to lot lines. 20. Show service connections. 21. Show where manhole A4 is located with a symbol. 22. State Bench mark. - SHEET 7 OF 9 23. Use DIP or C900 at all street crossings, and show with dimensions on profiles. 24. Manhole length shall be 300' maximum (See A3 -A4). 25. Show size of lines on each profile. - SHEET 8 OF 9 26. Where is the ground inlet located? 27. No curb shall be "doweled on." 28. No key ways at construction joints. These must be doweled. 29. All curb shall be monolithic. * MISC. 1. Provide erosion control measures at the end of all outlet structures on the storm sewer plans. MEMORANDUM TIMOTIffY ROONEY CITY IVIK W. FROM: ROHN MUNN ENGINEERING DEPARTMENT SUBJECT: REVIEW OF CAMDEN PARK AND MINGO COMMERCE CENTER DATE: October 13,1993 The Staff has reviewed the above projects and feel at this time the changes requested are not major enough to abort the continuation. However, the Staff does recommend that all changes requested be made, reviewed and approved prior to any plat release. CITY OF OWASSO Planning Department OBOA -161 Staff Report GENERAL INFORMATION APPLICANT /STATUS OF APPLICANT: Trail's End Development, Inc., applicants and owners. REQUESTED ACTION AND PURPOSE: A request for a Variance to the Owasso Zoning Code Section 430 "Bulk and Area Requirements in Residential Districts" to allow for setback deviations within an RS -2 zoning district. LOCATION AND SIZE: The subject sites are contained within the proposed "Camden Park" subdivision located just west of Windsor Lake II and east of 129th East Avenue in Owasso, OK. The size of the proposed subdivision is a total of 12.71 acres divided into 38 residential lots. EXISTING LAND USE: Currently, the subject site is undeveloped. SURROUNDING LAND USE: The subject site is bordered on the north by the Church of the Holy Cross Episcopal, on the east by Windsor Lake II addition, on the south by undeveloped property containing the proposed Barrington Point development, and on the west by North 129th East Avenue. APPLICABLE REGULATIONS: City of Owasso Zoning Code Section 430 (Bulk and Area Requirements in Residential Districts) and Sections 1400 through 1490 (Board of Adjustment). ANALYSIS: The applicant is requesting a Variance from the Owasso Board of Adjustment in order to allow a lesser setback on certain lots within the proposed "Camden Park" addition. The applicants request is a unique one in the sense that the variances requested are for the benefit of the future property owners within the subdivision rather than expressly for the developers. The "Bulk and Area Requirements for Residential Districts" clearly state that all residential lots within an RS -2 (Residential Single - Family Medium Density) District are to be a minimum of 7,000 square feet of lot area. All lots within the or000sed "Camden Park" meet this requirement The root of this variance request stems from what available building area will be left for the potential buyers of these lots. If the required RS -2 setbacks are applied to all of these lots, the remaining portion that is left to be built on is in many cases undesirable. For instance, if the typical RS -2 setbacks (Front yard - 30, Rear Yard - 25, Side yard - 10, Other Side Yard - 5) were to be applied to lots indicated on the enclosed plat, the available building pad would be quite small. Again, the point being that RS -2 development standards are theoretically fine, but when these standards are applied to curved lots and cul -de -sac lots, available area for building pads tend to be small. The main reason for this development challenge can be directed to the Zoning Code itself. Most subdivisions that developed within the 70's and 80's, the time frame in which the Owasso Zoning Code was created, were RS -3 (High Density) zoned. This type of zoning would be found throughout Elm Creek, El Rio Vista, Old Town Owasso, and Copper Meadows. It has only been recently (within the last 2 years), that RS -2 development has been occurring within Owasso (Windsor lake 1 & II) and the setbacks of that district have come into question. As a result of the changes in the building market, interest rates, and the significant growth in Owasso, larger homes on a larger lot have become more desirable and affordable. As a result, it is only recently that staff has become aware that problems like this exist. Hopefully, with a scheduled review of the Owasso Zoning Code to occur in 1994, conflicts like this one will be eliminated. Typically, variance requests in setbacks occur at the time of building permit application when a property owner realizes that the actual building pad is not large enough to accommodate their predetermined house plan. Often times, this results in the Board of Adjustment hearing cases within the same residential area for 5 or 10 foot setback deviations. By the developer making this request prior to the platting of the proposed addition, all potential home buyers will be aware of setback deviations they may utilize as these lots will be specifically called out in the covenants of the subdivision, thus eliminating potential variance requests the Board would be likely to hear. Also, approval by the Board would eliminate home builders having to wait for a separate variance approval on each lot. It is important to note that if the Board were to approve the variance request, it is possible that lot buyers would not need to utilize these deviations. By approving the variance request, however, the Board would be giving the buyer that option rather than requiring them to come before the Board. Staff views this request as a pro development step by the City of Owasso, serving as a "Stop Gap" measure until an overall review of the Zoning Code can be achieved. In addition to the setback deviations being requested by the developers due to an undesirable building pad, 4 lots within the proposed addition do have unusual topographic conditions. A small cluster of trees and steep slopes warrant these deviations in order to provide a desirable building pad. RECOMMENDATION: It is the staff's opinion that because of the configuration and /or obstructions that exist on these specific lots, the potential for construction of a house that would typically be buildable on an RS -2 lot would be significantly restricted. Granting of this variance would not adversely affect the citizen's of Owasso and would make this a desirable residential area. Staff would recommend approval of the variance in the RS -2 setbacks with the following condition: That all setback deviations be clearly stated within the covenants of the proposed "Camden Yard" addition and shown on the plat where applicable. CAMDEN PARK [insert legal description] Section 21, Township 21 North, Range 14 East of the I.B. &M., Tulsa County, Oklahoma. STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) DEED OF DEDICATION Trail's End Development, Inc., an Oklahoma corporation (the "Developer "), being the sole owner of the following described real estate: [insert legal description] Section 211 Township 21 North, Range 14 East of the I.B. &M., Tulsa County, Oklahoma; has caused the same to be engineered, surveyed, staked and platted into lots, blocks, streets and a park area in conformity to the plat herein contained and has caused the same to be named CAMDEN PARK. The Developer dedicates to the public, for public use forever, the easements and rights -of -way as shown on the plat for the several purposes of constructing, maintaining, operating, repairing and replacing any and all streets and public utilities including storm and sanitary sewer, communication lines, electric power lines, transformers, pedestals, gas and water lines, together with all fittings and equipments for each such facility and any other appurtenances thereto, with the right of ingress and egress,- to and upon said easements and rights -of -way for the uses and purposes thereof. CONDITIONS AND RESTRICTIONS CAMDEN PARK 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 CAMDEN PARK, does hereby declare and establish the following restrictions, conditions and protective covenants, to which all properties in this Addition are subject: 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 CAMDEN PARR. 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 CAMDEN PARK. 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 1,600 square feet. Dwellings in excess of a single story shall have a minimum living space of 1,100 square feet at the lower level. Square footage shall be computed on measurements over frame of the living space exclusive of porches, patios, and garages. B. Masonry. All dwellings shall be comprised of one hundred per cent (100 %) to the first floor plate line, excluding covered porches, 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. Paint Color. All paint colors and schemes must be approved by the Developer prior to application pursuant to paragraph three (3) hereof. D. 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. E. 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. F. Mailboxes; Chimneys. All mailboxes shall be enclosed in a brick or masonry structure which shall extend to the ground and shall conform to the dwelling. All chimneys shall be 100% masonry veneer conforming to the dwelling. G. Roof Pitch. The roof of the dwelling shall have a pitch of at least 6/12 over 75 percent of the total roof area, and none of the roof area shall have a pitch of less than 3/12. 2 H. Sodding. The front yard of each lot must be fully sodded in the front yard prior to completion of the construction of any residence. 3. Approval Of Plans. For the purpose of further insuring the development of CAMDEN PARK 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 building 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 "CAMDEN PARK ASSOCIATION," an Oklahoma corporation, has been established pursuant to 60 O.S.1991, 5 851, gt se q., to maintain the Park Area and the entryway and for such other purposes as shall be deemed advisable. All lawful acts, if any, of CAMDEN PARK ASSOCIATION, made under and pursuant to its Certificate of Incorporation and By -Laws shall be binding upon the lots contained in CAMDEN PARK 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 - thirds 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 attorneys fees incurred by the Association in connection with such suit. No lot shall be entitled to more than two (2) votes, regardless of the number of owners. 5. Park Area. The area designated as the "Park Area" is hereby reserved by the Developer for later conveyance to the CAMDEN PARK ASSOCIATION. The Developer hereby grants to the Association a license in the Park Area for the common use and benefit of the CAMDEN PARK ASSOCIATION. 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 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 4 said easements for the purpose of improving and /or maintaining 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 of any part thereof within thirty (30) days after completion of such maintenance, such costs shall be payable by the members of the CAMDEN PARK ASSOCIATION and shall be a lien against the Park Area and each lot owned by a member of the Association 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 CAMDEN PARK 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 the Park Area and CAMDEN PARK and its improvements and, by accepting a deed to property in CAMDEN PARK, release the Developer and its agents from all claims for damages relating thereto. 6. Outbuildings. All tool sheds, hobby rooms, or other out- buildings shall conform to the basic architectural styling of the dwelling and shall satisfy the masonry requirement of paragraph two (2). 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. 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. Animal shelters shall be screened from view from any street unless 5 built in conformity to the requirement for outbuildings herein. 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) months 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. 13. 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 shown on the accompanying plat, the minimum building set -back lines for dwellings or other outbuilding structures shall be: Front yard: 30 feet Side yard: 5 feet Other side yard: 10 feet Back yard: 25 feet Provided, however, that the back yard set back shall be twenty (20) feet for Lots Two (2), Five (5) and Six (6), Block Two (2) and Lots Five (5), Seven (7), Ten (10), Twelve (12), Fifteen (15) and Sixteen (16), Block One (1) and the back yard set -back shall be fifteen (15) feet for Lots Eighteen (18), Nineteen (19), Twenty -three (23) and Twenty -four (24), Block One. On all lots where there are two set -back lines facing a public street, the portion of the lot containing the fifteen foot set -back shall be considered the side yard and the dwelling shall face the other portion of the lot. 14. 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. 15. uici. a.i ic. rC.Lcunune UdDle Televisi-on 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 West and South perimeter 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. B. Except to houses on lots described in subparagraph (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 tot he service entrance on said house. C. The supplier of electric, telephone, and cable television service, through their proper agents and employees shall 7 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. 16. Water, Sanitary and Storm 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 and storm 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. 17. Sanitary Disposal. No outside toilets shall be allowed in CAMDEN PARK and all sanitary arrangements must comply with local and state health requirements. I 18. Landscape and Paving Repair. The owner of each lot shall be responsible for the repair and replacement of any landscaping and paving located within the utility easements in the event it is necessary to repair any underground water, sanitary sewer mains, storm sewers, electric, natural gas, telephone, or cable television service. No lot owner shall plant any trees or shrubbery in dedicated utility easements or rights -of -way which would potentially endanger, threaten, or harm any utilities located within said easements or rights -of -ways. If it is determined by the municipality that any trees or shrubbery located within said easements or rights -of -way are damaging or endangering utilities in said easements or rights - of -way, the city shall have the right to remove said trees or shrubbery upon five (5) days notice thereof at the lot owner's expense, or within such time the lot owner may remove same. 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 CAMDEN PARK. 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 CAMDEN PARK 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 CAMDEN PARK shall have standing to prosecute any proceedings at law or in equity F] Given under my hand and seal of office the day and year last above written. My Commission Expires: D:\58088\c=den 11 Notary Public No lot owner shall plant any trees or shrubbery in dedicated utility easements or rights -of -way which would potentially endanger, threaten, or harm any utilities located within said easements or rights -of -way. If it is determined by the municipality that any trees or shrubbery located within said easements or rights -of -way are damaging or endangering utilities in. said easements or rights -of - -way, the city shall have the right to remove said trees or shrubbery upon five (5) days notice thereof at the lot owner's expense, or within such time the lot owner may remove same. MEMORANDUM TO: PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: REVIEW OF THE OWASSO DESIGN CRITERIA DATE: October 14, 1993 BACKGROUND The Owasso Design Criteria was provided to you via an earlier delivery. As stated with the memorandum you received, the first step in the review process is for the Planning Commission to review the document and approve it in some form for public input. Due to the length of this document, staff will not review it in the same manner that was utilized for the Subdivision Regulations. I would encourage you to note any comments you may have, prepare a list, and we will review all comments at the meeting rather than going through the document page by page. Rohn Munn, the City of Owasso's Engineering Technician will be attending the meeting to answer any questions you may have.