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Home My WebLink About1993.11.18_Planning Commission AgendaOWASSO PLANNING COMMISSION AGENDA PACKET NOVEMBER 18, 1993 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: November 18, 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 4:00 PM on November 2, 1993. Timothy Rooney, City Planner OWASSO PLANNING COMMISSION REGULAR MEETING Thursday, November 18, 1993 7:00 PM Owasso Community Center, 301 S. Cedar AGENDA 1. Call to Order 2. Roll Call Consider Approval of the Minutes of October 21, 1993 Regular Meeting. PUBLIC HEARING 4. Proposed Text Amendment - Owasso Zoning Code - A City Initiated Request to Amend the Zoning Code of the City of Owasso, Oklahoma, Relating to Chapter 4, Section 430, "Bulk and Area Requirements in Residential Districts." More Specifically, to Allow for Residential Dwelling Units to Exceed 26 Feet in Height. 5. Final Plat - Mingo Commerce Center (2914) - A Request for a Review of the Final Plat for Mingo Commerce Center, a Resubdivision of a Part of Lot 1, Block 20, Elm Creek Estates First Addition, Owasso, Tulsa County, Oklahoma. Mingo Commerce Center is Generally Located just East of Mazzio's on E. 80th Street North. 6. Final Plat - Oklahoma Baptist Retirement Center II - A Request for a Review of the Final Plat for Oklahoma Baptist Retirement Center H, an Addition to the City of Owasso, Tulsa County, Oklahoma. Oklahoma Baptist Retirement' Center II is Generally Located on the South side of E. 76th Street North, West of N. 122nd E. Avenue. Owasso Planning Commission AGENDA November 18, 1993 7. Plat Amendment - Double Oaks II - A Request for an Amendment to the Final Plat of Double Oaks II, an Addition to the City of Owasso, Tulsa County, Oklahoma. More Specifically, to Amend the Northeast Building Line on Lot 22, Block 1 from 25 feet to 15 Feet. 8. Amendment of Planning Commission By- Laws - Formal Action Relating to the Amendment of the Planning Commission By -Laws, "Article VII. Meetings ", Section 1. "Time and Place." 9. New Business. 10. Report on Planning Items Previously Forwarded to City Council. 11. Discussion of Development In and Near Owasso. 12. Adjournment. OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Thursday, October 21, 1993, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Charles Willey Gary Wells Tim Rooney Ray Haynes Dewey Brown Charlotte White Pat Imbriano Rohn Munn The agenda for the meeting was posted inthe .Owasso City Hall, 207 S Cedar, on October 12, 1993. 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 SEPTEMBER 16, 1993 AND OCTOBER 4, 1993 - The Commission reviewed the minutes of September 16, 1993 and October 4, 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 Ray Haynes - Yes The motion carried 3 -0. 3. SITE PLAN REVIEW - DR TRACY STANDRIDGE 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. Mr. Rooney presented the report. 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. Owasso Planning Commission Minutes of October 21, 1993 Page 2 This item was tabled as a result of no detailed landscaping plan being submitted at the October 4, 1993 Special Meeting. Ray Haynes motioned to approve the site plan as submitted. Pat Imbriano seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Pat Imbriano - Yes Charles Willey - Yes The motion carried 3 -0. 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. Mr. Rooney presented the report. 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. Mr. Flood has resubmitted a site plan for the Planning Commission's review, moving the proposed structure approximately 20 feet closer to the Highway 169 Service Road. Staff explained that there were no objections to the amended site plan as both bulk and area requirements and necessary parking spaces are being met. Mr. Rooney went on to explain that he could not approve this site plan amendment at the staff level. Charles Willey motioned to approve the site plan as submitted. Pat Imbriano seconded the motion. A vote on the motion was recorded as follows: Charles Willey - Yes Pat Imbriano - Yes Ray Haynes - Yes The motion carried 3 -0. 5. 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 Corner of E. 76th Street North and North 122nd East Avenue. Mr. Rooney presented the report. Staff stated 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 H preliminary plat in November of 1992 Owasso Planning Commission Minutes of October 21, 1993 Page 3 Ray Haynes motioned to approve the extension of time request with the understanding that the Commission would be seeing the final plat at the November meeting. Charles Willey seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey - Yes Pat Imbriano - Yes The motion carried 3 -0. 6. OLS - 82 - Mingo Manufacturing g 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. Mr. Rooney presented the report. Mingo Manufacturing is requesting a "formal" lot split from the Owasso Planning Commission for an area of property containing the existing Mazzio's Restaurant and property further North, located on the northeast corner of the East Highway 169 Service Road and East 80th Street North. Ray Haynes motioned to approve the lot split. Pat Imbriano seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Pat Imbriano - Yes Charles Willey - Yes The motion carried 3 -0. 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. Mr. Rooney presented the report. 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 Mazzio'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 Owasso Planning Commission Minutes of October 21, 1993 Page 4 CS (Commercial Shopping Center). Approximately 4.6 acres are contained within the subject plat. Staff explained that the applicants would be pursuing final plat approval in November and all TAC requirements have been agreed upon by the applicant. Pat Imbriano motioned to approve the preliminary plat including all of the TAC requirements being made. Charles Willey seconded the motion. A vote on the motion was recorded as follows: Pat Imbriano - Yes Charles Willey - Yes Ray Haynes - Yes The motion carried 3 -0. 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. Mr. Rooney presented the report. 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 single - family homes. Staff recommended only partial approval of the rezoning request, that portion being the southerly 300 feet to RS -3 while the remainder of the parcel should be maintained as RS -2. Staff explained that this recommendation was reached due to the need for a buffer zone between the Jr. High School and Single Family development, a previous rezoning request on neighboring property, and a precedence being set for RS -2 development in the square mile section. Noble Sokolosky of Trail's End Development, Inc., addressed the Commission explaining the marketing conditions have changed in recent months, no neighboring property owners are objecting to their proposal, and there wasn't much of a difference between RS -2 and RS -3 development. The Planning Commission reviewed different alternatives to an entire rezoning of the parcel. Charles Will motioned to approve the request to maintain the North 300 feet as RS -2 and rezone the remainder of the tract to RS -3. Ray Haynes motion was recorded as follows: seconded the motion. A vote on the Owasso Planning Commission Minutes of October 21, 1993 Page 5 Charles Willey - Yes Ray Haynes - Yes Pat Imbriano - Yes The motion carried 3 -0. 9. 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 R Addition, East of 129th East Avenue. Camden Park was formerly included within the Windsor Lake III Preliminary Plat. 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, have 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. Ray Haynes motioned to approve the final plat for Camden Park, with the condition that the construction plans be completed and TAC requirements met before being sent to City Council. Pat Imbriano seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Pat Imbriano - Yes Charles Willey - Yes The motion carried 3 -0. 10. Review of the Owasso Design Criteria Mr. Munn, Owasso Engineering Technician, presented the introduction of the Design Criteria. Ray Haynes motioned to approve the rough draft of the Design Criteria and to go ahead and notify the general public for their review and comments. Charles Willey seconded the motion. A vote on the motion was recorded as follows: Ray Haynes - Yes Charles Willey - Yes Pat Imbriano - Yes Owasso Planning Commission Minutes of October 21, 1993 Page 6 The motion carried 3 -0. 11. New Business - None. 12. Report on Planning Items Previously Forwarded to City Council for Action- None. 13. Discussion of Development In and Near Owasso - Mr. Rooney briefly discussed the Auto Zone. 14. Adjournment CharlesVilley moved, Pat Imbriano seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Charles Willey - Yes Pat Imbriano - Yes Ray Haynes - Yes The motion carried 3 -0 and the meeting was adjourned at 9:10 p.m. Chairperson Secretary Date MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: PROPOSED TEXT AMENDMENT - OWASSO ZONING CODE SECTION 430, "BULK AND AREA REQUIREMENTS IN RESIDENTIAL DISTRICTS DATE: November 4, 1993 BACKGROUND: The Owasso Zoning Code, adopted in 1974, restricts the height of residential structures to a maximum of 26' (measured from the ground to the highest horizontal point of the structure, excluding the chimney). For the past ten years (according to building permit records), the staff has not placed a priority on a strict enforcement of that restriction because until the past three years we have not had requests for homes of that size. However, there have been several instances in the recent past when building permits were approved for residential structures, when in fact, the height of the home exceeded the legal restriction. In most of the cases the building permit either listed an incorrect height, or the description simply stated "meets code requirements ". That staff has determined that these exceptions exist in the following subdivisions: Windsor Lake, Copper Meadows, and Double Oaks. Generally, the exceptions are not greater than four feet above the height limit, however there are a few cases where the height of the home is near 35' (9' above the limit). Approximately five weeks ago, staff denied a building permit for a residential structure that had a height listed on the application as being 6' higher than the allowable limit. The applicant was informed that the Zoning Code permitted structures up to a height of 26 feet, and the only recourse to the denial was to apply for a variance from the Owasso Board of Adjustment. The applicant subsequently filed for a variance to the zoning code requirements and the Board of Adjustment granted the variance on October 26, 1993. The decision of the Owasso Board of Adjustment was strongly influenced by comments from the Owasso Fire Chief, who, at the Board's request, was present to explain the fire safety aspects of the building height restrictions (such restrictions being solely related to the ability of the department to successfully and safely fight a residential fire with the equipment available). At the Board of Adjustment meeting Chief Allen explained that maximum height of a structure varies in definition from the zoning code to the fire department. While the Zoning Code defines maximum height as "the vertical distance measured from the average ground elevation at the building wall to the highest horizontal point of the structure ", the fire department considers maximum height to be "the elevation of the floor plate level of the highest livability space within the structure. " Mr. Allen explained that the fire department had the ability to reach a floor plate elevation of 30 feet. The floor plate for the highest livability space within the structure in question was well below the 30 feet maximum height explained by Mr. Allen. A copy of the minutes from the October 26, 1993 Board of Adjustment meeting have been enclosed for your information and review. Planning staff has no objections to homes being permitted at a higher height than 26 feet as defined in the zoning code, provided that the fire department has no concerns. The building permit was denied due to the simple fact that the Zoning Code had 26 feet listed as the highest permitted height. In fact, any application reviewed during the current planning staff s tenure (October 5, 1992 to present) has been denied if the height listed on the application was above 26 feet. Zoning Codes of other. municipalities have been reviewed recently in light of this confusion. The City of Tulsa, Broken Arrow, and Sand Springs all list the maximum height of a residential structure being 35' in all RS Districts. Maximum height is defined within their zoning codes in the same manner that the City of Owasso's Zoning Code defines maximum height. Again, it should be stressed that staff has no objections to a higher height limit providing the fire department's requirements are met. The notices for the proposed text amendment were published in both the Tulsa Daily Legal News on November 1, 1993 to meet the 15 day legal notification requirement, and the Owasso Reporter on Thursday, November 4th as a courtesy gesture. RECOMMENDATION: It would seem that the simple solution to this problem would be adjusting the building height permitted in a residential district to 35 feet (similar to that of Tulsa, Broken Arrow, and Sand Springs). However, this would not necessarily clarify whether or not the elevation of the floor plate level of the highest habitable floor within a proposed structure was at 30 feet or below (the fire department's recommendation). Staff would recommend that the building height limit be amended to read as follows: BULK AND AREA REQUIREMENTS IN THE RE RS, AND RM DISTRICTS RE RS -1 RS -2 RS -3 RD RTH RM -1 RM -2 STRUCTURE HEIGHT 30* 30* 30* 30* 30* 30* 30* 30* Residential dwelling structure height is more specifically defined as the vertical distance measured from the average ground elevation at the building wall to the top of the floor joists of the highest habitable floor and that height shall be a maximum of 30 feet. ATTACHMENTS: Owasso Board of Adjustment Minutes from October 26, 1993. OWASSO BOARD OF ADJUSTMENT NIINUTES OF REGULAR MEETING Tuesday, October 26, 1993, 7:00 p.m. Owasso Community Center, 301 S Cedar MEMBERS PRESENT Steve Barrett Terri Houdyshell M O Eckel Gale Whitaker MEMBERS ABSENT Wayne Vines STAFF PRESENT Tim Rooney Charlotte White The meeting :agenda was; posted; in:the Owasso City Hall, 207 S Cedar, on October 18, 1993. 1. CALL TO ORDER & ROLL CALL - Vice - Chairperson Gale Whitaker in the absence of Chairperson Wayne Vines called the meeting to order at 7:00 p.m. and declared a quorum present. 2. CONSIDER APPROVAL OF THE MNUTES OF OCTOBER 12, 1993 - Terri Houdyshell moved to approve the minutes of October 12, 1993 as written. Motion seconded by Steve Barrett. AYE: Houdyshell, Barrett, Whitaker, Eckel NAY: None The motion carried 4 -0. BOARD OF ADJUSTMENT PUBLIC HEARING 3. OBOA - 162 - INCO Construction - A request for a Variance of the Owasso Zoning Code, Chapter 4, Section 430, "Bulk and Area Requirements in Residential Districts." More specifically to allow for the construction of a home exceding the hight limit of 26 feet in an RS-3 (Residential Single-Family High Density) Zoning District. The subject site is Lot 8, Block 3, Double Oaks Addition or 12712 E. 78th Street North, Owasso, OK. Mr. Rooney presented the staff report. the applicant is requesting a variance from the Owasso Board of Adjustment in order to allow for the construction of a residence exceeding the permitted height allowed in RS-3 district to bge built at a height of 26 feet. The applicantg is requesting to build a home at an approximat height of 34 feet. Mr. Burris presented the building plans on behalf of his wife Maxine Burris. He explained that staff has scaled out the builing height to be 34 feet, while he felt it to be closer to 32. He Owasso Board of Adjustment Minutes of October 26, 1993 Page 2 explained the need for the variance and that there were many homes alreay exceding at 40 feet in height. Mr. Allen explained that the fire department's definition of height and the zoning code's definition were different. He stated that providing the elevatio of the floor plate of the highest livability space within the dwelling did not exceed 30 feet, they did not have any concerns. He explained that there were existing structures that they could not reach but that that this was no different than other communities. Mr. Compton addressed the Board regarding past review processes and explained that there was never a heavy emphasis placed on building height review. Steve Barrett moved to accpt the request for a variance of the Owasso Zoning Code. Motion was seconded by Terri Houdyshell. AYE: Barrett, Houdyshell, Whitaker, Eckel NAE: None The motion carried 4-0. 4. OBOA - 163- Claude Neon Federal Signs. Inc. - A request for a Variance of the Owasso Zoning Code, Chapter 6, Section 1021.6 to allow for a free - standing pole sign exceeding the maximum allowable square footage (100 square feet) in a CG (Commercial General) Zoning District. The subject site is the west 265 feet of Lot Twenty -six (26), Block Five (5), Three Lakes Addition, more particularly described as 8200 N. Mingo Valley Expressway, Owasso, OK. Mr. Rooney presented the staff report. The applicant is requesting a Variance from the Owasso Board of Adjustment in order to allow a greater sign area on a free - standing pole sign than what is permitted by the Owasso Zoning Code in a CG (Commercial General) District. Currently, the Owasso Zoning Code only permits a 90 square foot display area in a CG district at a height of 30 feet. Terri Houdyshell moved to accept the request for a variance for a 150 square foot sign. Motion was seconded by M O Eckel. AYE: Whitaker, Houdyshell, Eckel NAY: None RECUSE: Barrett The motion carried 3 -0. Owasso Board of Adjustment Minutes of October 26, 1993 Page 3 5. OBOA - 164 - McDonald's Corporation - A request for a Variance of the Owasso Zoning Code, Chapter 6, Section 630, 'Bulk and Area Requirements in Commercial Districts," More specifically, to allow for the construction of an enclosed playground encroaching the front yard setback in a CS (Commercial Shopping Center) Zoning District. The subject site is Lot 1, Block 2, Owasso Business Park, more particularly described as 222 South Forest, Owasso, OK. Mr. Rooney presented the staff report. The applicants are requesting to enclose the playground making it usable year around. By enclosing the playground, this adds square footage to the existing structure, and -it would =then be;required: to meet the front setback in that zoning district. The front setback in a CS district is 50 feet: Again, the setback on the playground is 46 feet. Terri Houdyshell moved to accept the request. Motion was seconded by Steve Barrett. AYE: Houdyshell, Barrett, Eckel NAY: None The motion carried 4 -0. 6. NEW BUSINESS - Steve Barrett announced that this would be his last meeting, becuase4 he waqs moving out of Owasso. He will be fowarding a letter of resignation. 7. ADJOURNMENT - M O Eckel moved for adjournment; seconded by Terri Houdyshell. AYE: Eckel, Houdyshell, Whitaker, Barrett NAY: None The motion carried 4 -0 and the meeting was adjourned at 8:00 p.m. Chair Vice Chair Secretary Late MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: FINAL PLAT - MINGO COMMERCE CENTER DATE: November 9, 1993 BACKGROUND The Owasso Planning Commission reviewed the preliminary plat for Mingo Commerce Center at its October 21, 1993 meeting. At that meeting, the Planning Commission unanimously recommended approval of the preliminary plat for Mingo Commerce Center contingent upon the recommendations by city staff and the Technical Advisory Committee being met. The Technical Advisory Committee reviewed the final plat for Mingo Commerce Center at its November 3, 1993 meeting. Submitted for review at that meeting were copies of the revised plat, covenants, and construction plans. Attached are comments from both planning staff and engineering staff regarding the submittals. Please note that there are only comments from city personnel as no utility company representatives had any objections to the final submittal. The final plat, covenants, drainage report, and construction plans enclosed within your packet have been reviewed by staff and reflect these changes. As a result, staff has no objections to the request for final plat approval. RECOMMENDATION Noting that all of the staff recommendations have been met, staff recommends approval of the final plat for Mingo Commerce Center. ATTACHMENTS 1. Staff recommendations for the final plat. 2. Covenants for Mingo Commerce Center. ENCLOSURES 1. Mingo Commerce Center final plat. NOTE: THE CONSTRUCTION PLANS AND DRAINAGE REPORT ARE AVAILABLE FOR REVIEW IN MY OFFICE AD WILL ALSO BE AVAILABLE THE EVENING OF THE COMMISSION MEETING. MEMORANDUM TO: OWASSO TECHNICAL ADVISORY COMMITTEE FROM: TIM ROONEY, CITY PLANNER SUBJECT: COMMENTS REGARDING OKLAHOMA BAPTIST RETIREMENT CENTER H AND MINGO COMMERCE CENTER DATE: November 2, 1993 The following are Planning Department comments for the Technical Advisory Committee Meeting on November 3, 1993. Engineering Department comments are also attached. OKLAHOMA BAPTIST RETIREMENT CENTER H 1. Change building line on the north side of Lot 1 to 20 feet to be consistent with the building line provided on the south side of Lot 5. 2. Access to lots will be permitted from 122nd East Avenue ONLY. 3 Show all off -site utility easements on the plat. MINGO COMMERCE CENTER 1. 17.5' perimeter utility easement should be continued through the detention easement. 2. Show condition of adjacent properties (platted, unplatted, etc.) 3. Show P.O.B. 4. Add "Sheet 1 of 2" if the covenants will be on a separate page. 5. Shorten the west island on 80th Street to accommodate for better vehicular movement. MEMORANDUM TO: TIM ROONEY, CITY PLANNER FROM: OWASSO ENGINEERING DEPARTMENT SUBJECT: COMIIIENTS REGARDING OKLAHOMA BAPTIST RETIREMENT CENTER H AND MINGO COMMERCE CENTER DATE: November 1, 1993 The following are Owasso Engineering Department Comments for the Technical Advisory Committee Meeting. on November. 3, 1993., OKLAHOMA BAPTIST RETIREMENT CENTER H 1. Manhole rims need elevations shown (Lamphole as well). 2. Maximum length between manholes should not exceed 300 feet. 3. Show all existing utilities on plans. 4. Show all off -site utility easements on the plat. 5. Update the detention report and include the "drainage area" map. 6. State type of 8" sanitary sewer (i.e. SDR, etc.) 7. All plans shall be signed and sealed by a registered professional engineer. 8. A minimum 2' clearance is needed at water line crossing between manholes 2 and 3. 9. Location of existing manhole "A" is needed. MINGO COMMERCE CENTER 1. Submit a new detention report. 2. Show existing force main on the north side of Lot 1. 3. Engineer needs to make sure that proposed parldng area & driveway use will not damage existing sewer. 4. Will the area of "removed asphalt" include re- seeding or sodding? 5. Indicate areas where erosion control measures are to be utilized. ENGINEERING COMMENTS CONTINUED 6. Verify the new storm sewer, with these improvements, will not cause the existing storm sewer to exceed capacity. 7. Is a large enough radius provided for vehicular movement? (Move the west island further west) 8. Make sure junction box #1 is suitable for H -20 loading. 9. Provide typical curb and gutter section. 10. Show Q5 and Q100 in storm sewer. 11. Show dimension of storm sewer in easement along the west boundary line. 12. Provide a utility easement to cover the E/W storm sewer from structure 2 to 3. 13. Show joint layout detail on driveway. 14. Provide cross sections throughout detention pond. 15. Identify what will be in the bottom of the pond. 16. Identify the dashed line to the north of structures 2 and 3 on the construction plans. 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 ESTATE 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. TRACT OF LAND CONTAINS 4.68 ACRES, MORE OR LESS. 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. B. 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 FOREGOING 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: 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 WATER AND SEWER FACILITIES SHALL BE ENFORCEABLE BY THE CITY OF OWASSO OR ITS SUCCESSORS, AND THE OWNER OF THE LOT AGREES TO BE BOUND HEREBY. F. STORM WATER FACILITIES: 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: IN CONNECTION WITH THE PROVISIONS OF THE OWNER RESPONSIBILITY WITHIN EASEMENTS, ALL OF THE LOTS ARE SUBJECT TO THE FOLLOWING PROVISIONS, TO -WIT: 1. 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. 2. 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 RIGHT -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. SECTION II 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 COMPANIES, THE CITY OF OWASSO, ALL THE OWNERS, AND THE OWASSO PLANNING COMMISSION OR THEIR SUCCESSORS, OR AS OTHERWISE PROVIDED BY LAW. C. SEVERABILITY: INVALIDATION OF ANY RESTRICTION SET FOURTH HEREIN OR ANY PART THEREOF, BY AN ORDER, JUDGMENT, OR DECREE OF ANY COURT, OR OTHERWISE, SHALL NOT INVALIDATE OR AFFECT ANY OF THE OTHER RESTRICTIONS OR ANY PART THEREOF SET FORTH HEREIN, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT. IN WITNESS WHEREOF, THE. OWNERS HAVE CAUSED THESE PRESENTS TO BE EXECUTED THIS DAY OF _ 11993. MINGO PROPERTIES, A GENERAL PARTNERSHIP RONALD G. WITTEN BOBBIE B. WITTEN RAYMOND L. 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 AND 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: CERTIFICATE OF SURVEY; I, TOM A. HAYNES, REGISTERED PROFESSIONAL LAND SURVEYOR #1052 IN THE STATE OF OKLAHOMA, ON THIS DAY OF , 1993, AT TULSA, OKLAHOMA, DO 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; MEMORANDUM TO: PLANNING COMNIISSION FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: FINAL PLAT - OKLAHOMA BAPTIST RETIREMENT CENTER H DATE: November 8, 1993 BACKGROUND The Oklahoma Baptist Retirement Center did submit necessary application materials for final plat review by the Technical Advisory Committee and the Planning Commission at the November meetings. At the Technical Advisory Committee meeting, numerous questions were raised by the area utility companies regarding the best way to service the five residential lots contained within the proposed plat. Because the area companies had so many questions and due to the fact that none of the representatives had copies of their existing service layouts in that area at the meeting, the applicant was advised to submit an additional copy of the plat to each utility company so they could mark exactly what they would need on the plat. The applicant would then review their requests and place them on a new plat. Due to a prior commitment, the applicants were going to be out of town the week this information would be needed for the Planning Commission packet preparation and the week of the actual meeting. The applicant was advised, and agreed, that this item should be tabled until the December 16, 1993 Planning Commission meeting. RECOMMENDATION Staff recommends that the Planning Commission table the review of the final plat of Oklahoma Baptist Retirement Center II until the December 16, 1993 Planning Commission meeting. ATTACHMENTS 1. Letter to Mr. Bob Steele City of Owasso 207 SOUTH CEDAR P.O. BOX 180 r° OWASSO, OKLAHOMA 74055'" November 4, 1993 Mr. Bob Steele 3144 E. 37th Street Tulsa, OK 74105 RE: Technical Advisory Committee Meeting Dear Mr. Steele, (918) 272.2251 FAX. (918) 272-4999 In reference to the Owasso Technical Advisory Committee Meeting held on November 3, 1993, the following are a list of requirements that should be met prior to any Planning Commission action on the final plat of Oklahoma Baptist Retirement Center H: 1. A copy of the original preliminary plat for Oklahoma Baptist Retirement Center H should be forwarded to all utility companies for review of their current system locations and any easements they may need to service these five lots. The utility companies will return the plat to you in order for you to provide any easements on a corrected final plat. A copy of the addresses of the utility company representatives is enclosed to assist you. 2. The corrected final plat and construction plans shall reflect the staff corrections presented to you at the Technical Advisory Committee meeting. I have enclosed an additional copy of these comments for your information and review. 3. The corrected final plat will be reviewed by the Planning Commission at the December 16, 1993 meeting. All necessary materials should be received by the Planning Department by December 3, 1993. If you have any questions, or if I can be of further assistance to you, please do not hesitate to contact me at 272 -2251. Sincerely, n Timothy D. Rooney Planner enclosures cc: Mr. David Hall PHIL SEWELL YW BELL TELEPHONE 5305 E.71ST STREET TULSA, OK 74136 CHARLES HILL PSO P.O. BOX 201 TULSA, OK 74102 LEE MILLER OKLAHOMA NATURAL GAS 5848 EAST 15TH STREET TULSA, OK 74112 MICHELE GARRISON TULSA CABLE P.O. BOX 470800 TULSA, OK 74147 -0800 MEMORANDUM TO: OWASSO TECHNICAL ADVISORY COIVR"TITEE FROM: TIM ROONEY, CITY PLANNER SUBJECT: COMMENTS REGARDING OKLAHOMA BAPTIST RETIREMENT CENTER II AND MINGO COMMERCE CENTER DATE: November 2, 1993 The following are Planning Department comments for the Technical Advisory Committee Meeting on November 3, 1993. Engineering Department comments are also attached. 1. Change building line on the north side of Lot 1 to 20 feet to be consistent with the building line provided on the south side of Lot 5. 2. Access to lots will be permitted from 122nd East Avenue ONLY. 3 Show all off -site utility easements on the plat. MINGO COMMERCE CENTER 1. 17.5' perimeter utility easement should be continued through the detention easement. 2. Show condition of adjacent properties (platted, unplatted, etc.) 3. Show P.O.B. 4. Add "Sheet 1 of 2" if the covenants will be on a separate page. 5. Shorten the west island on 80th Street to accommodate for better vehicular movement. MEMORANDUM TO: TIM ROONEY, CITY PLANNER FROM: OWASSO ENGINEERING DEPARTMENT SUBJECT: COMMENTS REGARDING OKLAHOMA BAPTIST RETIREMENT CENTER II AND MINGO COMMERCE CENTER DATE: November 1, 1993 The following are Owasso Engineering .Department Comments for the Technical Advisory Committee Meeting on November 3, 1993. OKLAHOMA BAPTIST RETIREMENT CENTER H 1. Manhole rims need elevations shown (Lamphole as well). 2. Maximum length between manholes should not exceed 300 feet. 3. Show all existing utilities on plans. 4. Show all off -site utility easements on the plat. 5. Update the detention report and include the "drainage area" map. 6. State type of 8" sanitary sewer (i.e. SDR, etc.) 7. All plans shall be signed and sealed by a registered professional engineer. 8. A minimum 2' clearance is needed at water line crossing between manholes 2 and 3. 9. Location of existing manhole "A" is needed. MINGO COMMERCE CENTER 1. Submit a new detention report. 2. Show existing force main on the north side of Lot 1. 3. Engineer needs to make sure that proposed parldng area & driveway use will not damage existing sewer. 4. Will the area of "removed asphalt" include re- seeding or sodding? 5. Indicate areas where erosion control measures are to be utilized. ENGINEERING COAMENTS CONTINUED 6. Verify the new storm sewer, with these improvements, will not cause the existing storm sewer to exceed capacity. 7. Is a large enough radius provided for vehicular movement? (Move the west island further west) 8. Make sure junction box #1 is suitable for H -20 loading. 9. Provide typical curb and gutter section. 10. Show Q5 and Q100 in storm sewer. 11. Show dimension of storm sewer in easement along the west boundary line. 12. Provide a utility easement to cover the E/W storm sewer from structure 2 to 3. 13. Show joint layout detail on driveway. 14. Provide cross sections throughout detention pond. 15. Identify what will be in the bottom of the pond. 16. Identify the dashed line to the north of structures 2 and 3 on the construction plans. MEMORANDUM TO: THE OWASSO PLANNING FROM: TIMOTHY ROONEY, CITY PLANNER SUBJECT: PLAT AMENDMENT - DOUBLE OAKS H DATE: November 8, 1993 BACKGROUND The City of Owasso received a request from Double Oaks, Inc., to amend a building line on a lot located within the previously approved Double Oaks II Addition. More specifically, to amend the northeast building line shown on Lot 22 of Block 1 from 25 feet to 15 feet. Enclosed within your packet is a plat of Double Oaks II. As you can see, the northeast building line of Lot 22 of Block 1 is shown as 25 feet. Although staff was not here when this plat was reviewed by the Planning Commission and City Council, it is my understanding that the reason behind the 25 foot building line on that lot is due to plans for a future road to access the remaining undeveloped portion of the square mile section. Also enclosed is a copy of the building site plan submitted at the time of the building permit application. Notice that the building on the site plan does reflect that it was to be 25 feet from the property line as the plat would require. Apparently, in one phase of construction, the building was located only 15 feet from the property line, thus the request for a plat amendment. As a requirement for amending a plat, the applicant must supply the City of Owasso with the signatures of all property owners within the addition endorsing the approval of the proposed amendment. Attached is a copy of those signatures for your review. Staff has no objections to the request to change the building line on Lot 22, Block 1 of Double Oaks R as the requested change will not be in conflict with the bulk and area requirements for an RS -3 district. The bulk and area requirements of an RS -3 district require a side yard abutting a street to be a minimum of 15 feet. The amendment to the building line would meet this requirement. RECOMMENDATION Staff recommends approval of an amendment to the northeast building line of Lot 22, Block 1 of Double Oaks II from 25 feet to 15 feet. ATTACHMENTS 1. Double Oaks 11 plat. 2. Building site plan for Lot 22, Block 1 of Double Oaks H. 3. Required signatures for the amendment. DOUBLE OAKS If AN AMMON TO THE CITY OF OWAsso, OKLAHOMA, BEING A PART OF THE Et /2, SECTION 29, MIN. R14E. TULSA COUNTY, OKLAHOMA OWNER DOUBLE OAKS, INC. P.O. Box 7 Owasso, OK 74055 918/272 -1263 R 14 E LOCATION MAP ENGINEER LENS ENGINEERING, P.C. 3601 E. 51st St., Suite 103 Tulsa, OK 74135 918/747 -6788 SUBJECT BUTTY EXTENDED 12408 E 81 ST n LOT 22 BLOCK 1 DOUBLE OAKS II OWASSO, OK AMENDMENT TO DOUBLE OAKS II ADDITION TO THE CITY OF OWASSO TULSA COUNTY, OKLAHOMA THIS AMENDMENT to the Plat of DOUBLE OAKS II is made this ?51' day of October, 1993 by Double Oaks, Inc.; Homes by Betty, Inc.; INCO, Inc.; James M. Willingham; April Lynn Woolweaver; Douglas A. Lewis; Rodney W. Frailey; Chris W. Beu and George Lincoln Sallee. III of the lots and blocks set forth hereinbelow, who are the owners of the lots and blocks set forth opposite their names hereinbelow and who are the owners of the lots and blocks of DOUBLE OAKS II, an addition to the City of Owasso. Tulsa County, Oklahoma, according to the *recorded Plat thereof, to -wit: Owner Lots Block Double Oaks, Inc. 1,2,3,4,6,7,11,17 to 21 1 James M. Willingham 5, 9 1 April-Lynn Woolweaver 8 1 Douglas A. Lewis 10 1 Rodney W. Frailey 12 1 Chris W. Beu 13 1 INCO, Inc. 14, 16 1 George Lincoln Sallee III 1.5 1 Homes by Betty, Inc. 22., 1 WHEREAS, it is the desire of the above named owners to amend the plat of DOUBLE OAKS II, Plat No. 4886, dated May 26, 1992 and filed for record in the office of the County Clerk of Tulsa County, State of Oklahoma on June 2, 1992, as it affects the above Lot 22 Block 1. NOW, THEREFORE, in consideration of the sum of Ten and no /100 Dollars ($10.00) in hand paid, the receipt of which is hereby acknowledged, and other good and valuable consideration, the undersigned do hereby amend and modify the Plat of DOUBLE OAKS II as set forth hereinbelow: The Northeast building set back line for Lot 22 Block 1 is hereby changed from 25 feet to 15 feet. The undersigned, as owners of the affected lots, do hereby ratify and incorporate by reference, and affirm all parts of the Plat and Deed of Dedication and Restrictive Covenants which are not amended hereby and which are consistent herewith. This Amendment shall be effective from the date hereof, and shall be enforceable to the same extent and in the same manner as if originally set forth fully in the original Plat and Deed of Dedication of the DOUBLE OAKS II Addition. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed the day and year first above written ATTEST: ATT ST: 4A STATE OF OKLAHOMA ss. COUNTY OF TULSA DOUBLE OAKS, INC. Preside Homes by BETty, Inc. By President INCO, INC. Before me, the undersigned Notary Public in and for said County and State, n this .2P. day of 1993, personally appeared the President of 17OUBLE OAKS, INC., and to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation for-the uses and purposes therein set forth. GIVEN under my hand and seal of office the day and year first above written. My Commission Expires: Notary P blic STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) Before me, the and rsigned Notary P blic in and for said County and State, on this 28 day of OCT 1993; personally appeared EMMETT ATWOOD the President of Homes by Betty, Inc., and to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth. GIVEN under my hand and seal above written. My Commission Expires: STATE OF OKLAHOMA ) ss. COUNTY OF TULSA ) of office the day and year first otary Publi Before me, the undersigned Notary Public in and for said County and State, on this day of cY- 1993, personally appeared M BUNNER the President of INCO, INC., and to me known to be the identical person who executed the foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation for the uses and purposes therein set forth. GIVEN under my hand and seal of office the day and year -first above written. Notary Pu lic My Commission Expires: STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this -9Z day of October, 1993, personally appeared JAMES M. WILLINGHAM, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand written. My Commission Expires: STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) and seal the day and year last above Notary Public Before me, the undersigned Notary Public in and for said County. and State, on this day of October, 1993, personally appeared APRIL LYNN WOOLWEAVER, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. My Commission Expires: Notary Public STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this day of October, 1993, personally appeared DOUGLAS A. LEWIS, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day 'and year last above written. My Commission Expires: STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this day of October, 1993, personally appeared RODNEY W. FRAILEY, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written. My Commission Expires: Notary Public STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this :P7 day of October, 1993, personally appeared CHRIS W. BEU, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and written. My Commission Expires: STATE OF OKLAHOMA ) ) SS. COUNTY OF TULSA ) seal the day and year last above Notary Public Before me, the undersigned Notary Public in and for said County and State, on this zg? day of October, 1993, personally appeared GEORGE LINCOLN SALLEE, III, to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand written. My Commission Expires: and seal the day and year last above STATE OF OKLAHOMA ) SS. COUNTY OF TULSA ) Before me, the undersigned Notary Public in and for said County and State, on this 27 day of October, 1993, personally appeared Cathy D. Carter , to be known to be the identical persons who executed the within and foregoing instrument and acknowledged to be that they executed the same as their free and voluntary acts and deeds for the uses and purposes therein set forth. GIVEN under my hand and seal the day and year last above written Notary R/Ublic My commission Expires: MEMORANDUM TO: THE OWASSO PLANNING COMMISSION FROM: TIMOTHY D. ROONEY, CITY PLANNER SUBJECT: AMENDMENT OF PLANNING COMMISSION BY -LAWS DATE: November 9, 1993 At the August 26, 1993 meeting, the Planning Commission unanimously recommended to change the Planning Commission meetings in 1994 to the second Tuesday of each month at 7:00 PM. In order to formally change the meetings in 1994 to the second Tuesday of each month, an amendment needs, to be made to the Planning Commission By -Laws as they currently reflect meetings being held on the third Thursday of each month at 7:00 PM. A formal motion should be made to amend the By -Laws of the Planning Commission, Article VII, Meetings, Section 1, Time and Place, to read as follows: "The meetings of the Commission shall be held in the City Council meeting room at the Owasso Community Center, unless otherwise provided by the Commission for particular meetings. The meetings shall be held at 7:00 PM on the second Tuesday of each month unless otherwise set by the Commission. Special meetings may be held on call of the chairman at such time and place as may be designated."