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HomeMy WebLinkAbout1992.12.17_Planning Commission AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: December 17, 1992 7:00 p.m. PLACE: Owasso Community Center NOTICE FILED BY: Timothy D Rooney TITTLE: City Planner Filed in the office of the Owasso City Clerk at 3:00 p.m. on December 7, 1992. Timothy D Roon , City Planner OWASSO PLANNING COMMISSION REGULAR MEETING Thursday, December 17, 1992, 7:00 p.m. Owasso Community Center, 301 S Cedar AGENDA 1. Call to Order 2. Consider Approval of the Minutes of November 19, 1992. ZONING PUBLIC HEARING 3. OPUD -11 Brookside State Bank (2014) - A Request to Rezone a Tract of Land in the East Half of Section 20, Township 21 North, Range 14 East from CS (Commercial Shopping Center) District to OPUD -11, Generally Located on the Northwest Corner of 86th Street North and 129th East Ave. 4. New Business 5. Discussion of Development In and Near Owasso. 6. Adjournment OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING - Thursday, November 19, 1992, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Charles Willey Gary Wells Dewey Brown Pat Imbriano MEMBERS ABSENT STAFF PRESENT Tim Rooney Marcia Boutwell Steve Compton The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on November 12, 1992. 1. CALL TO ORDER AND ROLL CALL - Chairperson Ray Haynes called the meeting to order at 7:00 p.m. and declared a quorum present. 2. CONSIDER APPROVAL OF THE MINUTES OF OCTOBER 15, 1992 AND OCTOBER 30, 1992 - The Commission reviewed the minutes of October 15 and October 30, 1992. Dewey Brown moved, seconded by Pat Imbriano, to approve the minutes as written. A vote on the motion was recorded as follows: Dewey Brown - Yes Pat Imbriano - Yes Gary Wells - Yes Charles Willey - Yes Ray Haynes - Yes The motion carried 5 -0. 3. SITE PLAN REVIEW - MARK ARGO MEDICAL OFFICE (2914) - A REQUEST FOR REVIEW OF A SITE PLAN FOR A MEDICAL OFFICE ON LOT 10, BLOCK 1, ELM CREEK COMMERCIAL CORNER, AMENDED, TULSA COUNTY, OKLAHOMA, GENERALLY LOCATED AT THE NORTHWEST CORNER OF EAST 85TH STREET NORTH AND NORTH 129TH EAST AVENUE - The Chair introduced the case and the staff review was given by Tim Rooney. The subject tract is located on the northwest corner of East 85th St N and North 129th E Ave. Staff and the Technical Advisory Committee members have reviewed the site plan and recommend approval subject to the following conditions: (1) Relocation of the access isle of the parking area a minimum of 30' from the property line. (2) Widening of the access isle to a minimum of 24' as opposed to its current 20' width. (3) Relocation of the identification sign out the easement. Owasso Planning Commission Minutes of November 19, 1992 Page 2 Following discussion Charles Willey moved to approve the site plan subject to the above identified conditions. The motion was seconded by Gary Wells and a vote was recorded as follows: Charles Willey - Yes Gary Wells - Yes Dewey Brown - Yes Pat Imbriano - Yes Ray Haynes - Yes The motion carried 5 -0. 4. SITE PLAN REVIEW - INTERSTATE CONSTRUCTION (2914) - A REQUEST FOR A REVIEW OF A SITE PLAN FOR A KENTUCKY FRIED CHICKEN RESTAURANT LOCATED JUST SOUTH OF TEXACO ON 117TH EAST AVENUE - The Chair introduced the case and the staff review was given by Tim Rooney. The subject tract is located just south of Texaco on 117th East Avenue. The site plan has been reviewed by staff and the Technical Advisory Committee and staff recommends approval subject to the following conditions: (1) The elimination of four (4) parking spaces within the front easement marked 1, 2, 17 and 18 on the site plan. (2) Relocation of all signs out of the front utility easement of 17.5'. (3) Adjust of traffic pattern to a circular, one -way only movement throughout the site. (4) Storm water runoff shall be contained within the project site, preferably within the landscaped areas in the front setback. (5) The incorporation of an 11' utility easement along the southern property line. (6) Tenant will provide a 2' underground PVC from the building site to an easement location to be determined at a later time. Dewey Brown moved to approve the site plan subject to the above - listed conditions, seconded by Gary Wells. A vote on the motion was recorded as follows: Dewey Brown - Yes Gary Wells - Yes Pat Imbriano - Yes Charles Willey - Yes Ray Haynes - Yes The motion carried 5 -0. Owasso Planning Commission Minutes of November 19, 1992 Page 3 5. OZ -91 PITTMAN -POE & ASSOCIATES (2014) - A REQUEST TO REZONE A TRACT OF LAND CONTAINING 12.69 ACRES, MORE OR LESS, FROM RS -3 (RESIDENTIAL SINGLE - FAMILY HIGH DENSITY) DISTRICT TO CS (COMMERCIAL SHOPPING CENTER) DISTRICT, GENERALLY LOCATED BETWEEN EAST 86TH STREET NORTH AND EAST 96TH STREET NORTH, JUST NORTH OF SMITH ELEMENTARY SCHOOL - The Chair introduced the case and the staff review was given by Tim Rooney. The subject site is located between 86th St N and 96th St N, just north of Smith Elementary School and contains approximately 12.69 acres. The tract is currently vacant and is zoned RS -3. It is bordered on the west and north by undeveloped land zoned AG & Highway 169, and on the south and east by Smith Elementary School and undeveloped land zoned RS -3. The tract is part of a proposed PUD under consideration. Following discussion, Charles Willey moved to approve providing the incorporation of a 150' wide buffer zone property line shared by the subject site and the residential by Dewey Brown. A vote on the motion was recorded as Charles Willey - Yes Dewey Brown - Yes Pat Imbriano - Yes Gary Wells - No Ray Haynes - Yes The motion carried 4 -1. the request for the rezoning to CS of OL zoning along the southeast development. Motion was seconded follows: 6. OPUD -10 PITTMAN -POE & ASSOCIATES (2014) - A REQUEST TO REZONE A TRACT OF LAND CONTAINING 115.42 ACRES, MORE OR LESS, FROM RS -3 (RESIDENTIAL SINGLE - FAMILY HIGH DENSITY) DISTRICT TO OPUD -10, GENERALLY LOCATED ON THE WEST SIDE OF 129TH EAST AVENUE BETWEEN EAST 86TH STREET NORTH AND EAST 96TH STREET NORTH - The Chair introduced the case and the staff review was given by Tim Rooney. PUD -10 is approximately 115.42 acres in size, a majority of which is undeveloped and zoned RS -3 with a small portion zoned AG. It is located between 86th St N and 96th St N, just west of 129th E Ave, and north and east of the Lakeridge subdivision. The plan calls for 12.6 acres of CS and OL zoning at the northwest corner of the site, 102.8 acres of residential development which would include 88 Executive Homesites and 91 Estate Homesites, and a 12.6 acre Duplex development area proposed for 60 units. Staff recommends approval of OPUD -10 subject to the following conditions: 1. That the applicant's Development Text and Conceptual Development Plan be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. 2. That unless specifically set out in the standards and conditions of the PUD, single - family detached lots and single- family attached (duplex) lots shall meet all the necessary requirements of a typical RS -3 or RD district respectfully. In addition, Commercial Owasso Planning Commission Minutes of November 19, 1992 Page 4 Shopping and Office Low Intensity Development shall meet all the necessary requirements of typical CS or OL districts unless specifically stated with the standards of the PUD. 3. That a subdivision plat be approved by the Owasso City Council and filed with the County Clerk's office prior to the issuance of a building permit. Said covenants shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. 4. All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. 5. A detailed drainage report be submitted by the applicant if requested by the City Engineer. 6. That within the PUD, the maximum number of dwelling units shall not exceed 257 units. 7. Sidewalks be provided in all areas of the PUD. 8. That the minimum lot frontage line of any single - family detached lot shall be 30 feet. 9. That the minimum side yard of any single - family detached dwelling located on a corner lot be a minimum of 20 feet. 10. That all landscaping plans shall be reviewed and approved by the Owasso Planning Commission and installed prior to the occupancy of any buildings. 11. That the reference on Page 10 of the PUD text pertaining to a lien being placed on a Property Owner's Association members's "personal property" be changed to "real Property ". 12. That the area of Commercial Shopping recommended for Low - Density Office District uses (150' wide area along the southeast border of the area designated for Commercial development) as a result of Case OZ -91 be reflected on the PUD Conceptual Development Plan. 13. No development within any of the Commercial /Office designated areas occur without the development of a primary access to that area. 14. Formal pedestrian access to the area listed as "Green Belt" and "Private Park" be incorporated at the time of Preliminary Plat. 15. Incorporation of pedestrian pathways to the developing commercial area to the south be strongly considered by the applicant at Preliminary Plat stage if lot layout permits. Owasso Planning Commission Minutes of November 19, 1992 Page 5 16. Prior to developing any or all of the Duplex, Commercial, or Low Intensity Office areas, a detailed site plan shall be submitted to and approved by the Owasso Planning Commission. The Planning Commission reviewed a presentation made by the applicant and received comments and questions from approximately 30 interested citizens. Following discussion, Charles Willey moved to approve OPUD -10 subject to staff and TAC recommendations listed above and the following three conditions: No commercial development until the access road is completed from 86th St N to 96th St N. A wall or solid fencing be erected to screen the commercial zone from Smith Elementary School. 3. No bars, taverns, or adult -type business be allowed in the commercially zoned area. Motion was seconded by Dewey Brown and a vote on the motion was recorded as follows: Charles Willey - Yes Dewey Brown - Yes Pat Imbriano - Yes Gary Wells - Yes Ray Haynes - Yes The motion carried 5 -0. The meeting was recessed at 8:50 p.m. and reconvened at 9:00 p.m. 7. OLS -80 - OWASSO ECONOMIC DEVELOPMENT AUTHORITY (3114) - A REQUEST FOR A LOT SPLIT ON APPROXIMATELY 2.5 ACRES, GENERALLY LOCATED AT THE SOUTH END OF SOUTH CEDAR, OWASSO, TULSA COUNTY, OKLAHOMA - The Chair introduced the case and the staff review was given by Steve Compton. The subject tract is located at the south end of Cedar, 2.4 acres in size, vacant, recently zoned Il and owned by the Owasso Economic Development Authority. In 1990 the Planning Commission and City Council approved a Plat Waiver on this tract when it and some additional land to the south was proposed to be used as a National Guard Armory. Since Plat Waivers are not filed with the abstract, it is necessary that the tract be split and the deed stamped and executed by the Chairperson of the Planning Commission in order to clear the title. Following discussion, Pat Imbriano moved to approve the lot split. Motion was seconded by Charles Willey, and a vote on the motion was recorded as follows: Owasso Planning Commission Minutes of November 19, 1992 Page 6 Pat Imbriano - Yes Charles Willey - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes- Yes The motion carried 5 -0. 8. NEW BUSINESS - None 9. DISCUSSION OF DEVELOPMENT IN AND NEAR OWASSO - Staff discussed current development and construction in the Owasso area. 10. ADJOURNMENT - Dewey Brown moved, Pat Imbriano seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Dewey Brown - Yes Pat Imbriano - Yes Gary Wells - Yes Charles Willey - Yes Ray Haynes - Yes The motion carried 5 -0 and the meeting was adjourned at 9:20 p.m. Chairperson Secretary Date Submission for Owasso Planned Unit Development #11 RAM PLAZA Submitted to City of Owasso Planning Commission Honorable Mayor and City Council Staff Report Prepared By Timothy Rooney, City Planner Ram Plaza Text and Maps Prepared By Dennis L. Hodo, P.E., Inc. Consulting Engineer E -101, 8555 N. 117th E. Avenue Owasso, Oklahoma 74055 Planning Commission Meeting: December 17, 1992 City Council Meeting Date: January 5, 1993 CITY OF OWASSO Planning Department OPUD -11 Staff Report Timothy Rooney - City Planner APPLICANT AND STATUS OF APPLICANT: Dennis L. Hodo, applicant and agent for Brookside State Bank, owner. REQUESTED ACTION AND PURPOSE: A request for the rezoning of property from CS (Commercial Shopping) to PUD to allow for joint commercial and office development. LOCATION AND SIZE: The general location of the property is the northwest corner of 86th Street North and 129th East Avenue, just east of Food Lion Supermarket and contains approximately 9.24 acres, more or less. The legal description of the subject site is attached for your review. EXISTING LAND USE: Subject property is undeveloped. SURROUNDING LAND USE: Property immediately south of the subject site is developed commercially as Elm Creek Commercial Park and is zoned CG (Commercial General). The area to the west of the subject site is zoned CS and contains Food Lion Supermarket. The area north of the subject site is the recently approved "Central Park" Development zoned PUD. The area of the planned development that will be abutting the subject site will contain duplex units. The area east of the subject site is zoned AG and contains the Owasso Senior High School Complex. COMPREHENSIVE PLAN: The Comprehensive Plan identifies the subject area as being appropriate for Medium Intensity Commercial- Office development. APPLICABLE REGULATIONS: The Zoning Code for the City of Owasso, Chapter 15 "Amendments ", Chapter 8 "Planned Unit Development', Chapter 6 "Commercial District Provisions ", and Chapter 5 "Office District Provisions." SITE INFORMATION: Both sewer and water are available to the subject site. Currently, there is paved access to the subject property via an interior street from 129th East Avenue to the Food Lion Supermarket, in addition to 86th Street North and 129th East Avenue. No unusual development hardships are anticipated with the proposed development. OPIm -11 STAFF REPORT PAGE 1 OF 5 ANALYSIS The proposed PUD, if approved, would create a 9.24 acre area of Commercial and Office development. All uses within the Commercial District Provisions and the Office District provisions by right would be permitted to locate within this area. The developer has eliminated several uses which may not occur within this area, those being restaurants (other than nationally -known fast food), theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premises consumption (except for ancillary to the sale of food products, and which sales of beer, wine, and liquor accounts for less than fifty percent (50 %) of the gross revenues generated by the restaurant), or any health, recreational, or entertainment -type activity The applicant is proposing that all Commercial development within this area, in conjunction with the PUD, would consist of both internal and perimeter landscape areas. A detailed landscaping plan will be required for submittal to the City Council for approval. Staff would recommend that the landscaping plan should reflect a well thought out comprehensive theme, one that compliments the various architectural features of the buildings proposed within the development. All landscaping shall be installed by the developer prior to the issuance of an occupancy permit for a development area. Staff would also recommend that the perimeter street landscaping be carried over to the landscape areas abutting the interior access road from 129th East Avenue. Lighting used in parking areas will consist of decorative flood lighting, with "up" lighting on buildings, signs, and various landscape elements while "low" lighting will be featured within certain landscaped areas, courtyards, and pedestrian areas. Parking areas shown on the site plan provide for approximately 419 parking spaces, with access to these parking areas coming from an interior dedicated access street, 129th East Avenue, 86th Street North, and a shared access with Food Lion running north from 86th Street North. Staff would recommend that an additional parking space be eliminated next to all parking islands within the development. These areas should be large enough to provide for safe vehicular maneuvering in order to eliminate vehicles "backing" into the prominent access isles. (Refer to Staff Recommended Site Plan) In addition to safer on -site traffic, larger islands will provide for a larger landscaped area within the parking lots and should aid in breaking up the parking mass. The 419 parking spaces provided by the applicant is more than adequate for commercial - office development of this nature. Planning staff has several concerns regarding two of the access points from the parking area to the north -south shared service road from 86th Street North, most notably the two immediately adjacent to the dedicated east -west street. (The access points are numbered 1 and 2 on the site plan within your packet) Staff feels that vehicular movement through these areas will complicate movement throughout both sites and be potentially confusing to the motorists. Staff feels both of these access ways should be eliminated and an additional site OPUD -11 STAFF REPORT PAGE 2 OF 5 plan showing these areas eliminated is also included within your packet. (Refer to "Staff Recommended Site Plan) No areas for commercial trash receptacles have been shown on the site plan and should be provided for each proposed commercial or office site. This concern will be addressed upon review of the individual building sites by the Technical Advisory Committee. A condition of approval of the PUD north of the OPUD -11 consisted of the incorporation of pedestrian/bicycle pathways from the duplex area to this commercial development and upon the location of these facilities, the developer should tie into these access areas. The Planning Commission, in addition, may want to require the developer to provide for a bicycle parking area with a bike rack located within the subject site. It would appear that an adequate buffer area between the proposed commercial development and the duplex units to the north has been provided by the developer with a landscaped area approximately fifty (50) feet in width along the rear property line. In addition, an opaque fence or screening will also be required along that rear property line at the time of residential development to the north, except in areas being provided for pedestrian access. This area is usually utilized as a delivery/loading zone however, and no other location for this purpose is shown on the site plan. As stated when the Planning Commission reviewed past PUD requests, the Zoning Code identifies that the Planning Commission shall conduct a public hearing and shall determine: (1) Whether the PUD is consistent with the Comprehensive Plan (2) Whether the PUD is in harmony with the existing and expected development of surrounding areas. (3) Whether the PUD is a unified treatment of the development possibilities of the project site. (4) Whether the PUD is consistent with the stated purposes and standards of the PUD Ordinance. When reviewing the above, one finds that the proposed Commercial -Office Planned Development is consistent with the Comprehensive Plan. The Comprehensive Plan identifies this area as a Commercial- Office node development area and the plan submitted by the applicant only enhances this development technique. OPUD -11 STAFF REPORT PAGE 3 OF 5 When reviewing the potential residential development north and further east of the development site, one finds an outstanding possibility for this property to serve as a commercial node. The incorporation of landscape buffers and opaque screening by this developer and landscape buffers by the developer to the north will limit any potential conflict that may occur as a result of the differing land uses. When considering the existing commercial zoning on the subject property, it becomes clear that the submitted site plan treats the development possibilities in a unified manner. The plan submitted has avoided the "Strip Mall" form of commercial development that is all too familiar throughout the Tulsa Metropolitan Area and has instead created a "Commercial /Office Park" development. The developer has attempted to maintain a limitation on the character and intensity of the use of the subject site while yet submitting a creative development plan to achieve a continuity of function and design. It is the staff's opinion that with minor changes, the developer will have succeeded. Engineering Department concerns center around the ability of the developer to address storm water run -off on site. Currently, the developer addresses storm water detention in the text by stating that "Storm water detention will be handled on site." However, no area of detention is shown on the plan submitted by the applicant. The developer should note that the ability to handle storm water detention will need to be shown with a detailed drainagg report at the preliminary plat stages of development RECOMMENDATION Given the above information and analysis, it is staff's feeling that OPUD -11 is consistent with the Comprehensive Plan and the PUD Chapter of the Zoning Code and, therefore, should be approved subject to the following conditions: (1) That the applicant's Development Text and Amended Development Plan as submitted by Planning Staff, be considered to be the Outline Development Plan as required by the PUD Chapter of the Owasso Zoning Code. (2) That unless specifically set out in the conditions of this PUD, all lots contained within "Ram Plaza" shall meet all the necessary requirements of a typical CS District. (3) That a Subdivision Plat be approved by the Owasso City Council and filed with the County Clerk's Office prior to the issuance of a building permit. Said covenants shall incorporate all PUD standards and conditions of approval and make the City of Owasso beneficiary. OPUD -11 STAFF REPORT PAGE 4 OF 5 (4) All conditions imposed by the Owasso Technical Advisory Committee for subdivision plat approval be met as conditions of the PUD. (5) A detailed drainage report to be submitted by the applicant. (6) Sidewalks with handicapped access at all curb crossings be provided in all areas of the PUD. () Landscaping found on the perimeter of the development site to also be utilized along the dedicated right -of -way from 129th East Avenue through the development site. (8) That a detailed landscaping plan be submitted by the applicant, reviewed and approved by the Owasso Planning Commission, and installed prior to the occupancy of any buildings. (9) That the reference on Page 5 of the PUD text pertaining to a lien being placed on a Property Owner's Association member's "personal property" be changed to "Real property." (10) Upon the location of the pedestrian/bicycle pathways from the abutting duplex development to OPUD -11, this developer shall provide pedestrian/bicycle pathways to "tie -in" to these areas. (11) Prior to the development of any areas within OPUD -11, a detailed site plan shall be submitted and approved by the Owasso Planning Commission. (12) The developer shall be responsible for the purchasing and installation of all traffic control or street identification signage relating to the project as determined by the City of Owasso. OPUD -11 STAFF REPORT PAGE 5 OF 5 RAM PLAZA Ram Plaza is a proposed 9.24 Acre Planned Unit Development (PUD) located in the City of Owasso, at the Northwest corner of N. 129th East Avenue and E. 86th Street North. Ram Plaza is a commercial and office development. In determining which areas lend themselves to specific land uses, sensitivity to topography, vegetation, surrounding land uses and other critical factors are considered. When developed, this development will have attractive open spaces, parking and a street system that will be entered from 129th East Avenue. Traffic flow is coordinated with the adjacent street system. A variety of business types and lot sizes are proposed for this development. Stormwater detention will be handled on site. Attractive landscaped areas will buffer the development along 86th Street North and 129th East Avenue. -1- DEVELOPMENT STANDARDS COMMERCIAL SHOPPING - Permitted Uses As permitted within CS Dist. - Maximum Floor Area 5 FAR - Maximum Stories 2 stories - Maximum Building Height 35 ft. - Minimum Building Setbacks: From Abutting Public /Private Street 50 ft. From Abutting Residential Dev. Area 50 ft. - Minimum Parking Ratio One space per 300 sq. ft. of floor area Sion Standards Signs accessory to uses within the shopping developed area shall comply with the City of Owasso sign ordinance. Lighting Flood lighting will be used from a decorative standard in parking areas. Up lighting will be used on buildings, signs, and various landscape elements. Low lighting will be used in some landscape areas, court yard plazas, steps, and walkways. Other Re uirements It is intended that detailed site plans will be submitted for each development area, that consistent with the concepts and established by the Owasso Planning Commission pursuant to its review of the detailed site plan of each development area. -2- LANDSCAPING The landscaping concept is intended to achieve unity throughout the Planned Unit Development as well as provide an attractive view of the project from surrounding streets and neighborhoods. Prior to the issuance of an occupancy permit for a development area, plant materials and any required screening fences shall be installed in conformity with a plan which will have been submitted to and approved by the Owasso City Council. -3- SITE PLAN REVIEW No building permit shall be issued for the construction of buildings within a development area until a detailed site plan of the development area has been submitted to, and approved by, the Owasso Building Permit Department as being in compliance with the Development Concept and the Development Standards. PROPERTY OWNERS' ASSOCIATION The Property Owners' Association to be established at the Ram Plaza Planned Unit Development will have as its main objectives the maintenance of the greenbelt /park landscaped entryways, buffers, and center islands. These areas are to be attractively landscaped with berms and assorted plant materials by the developer and turned over to Ram Plaza Property Owners' Association for maintenance. In the event the Association fails to maintain these areas in a proper and safe manner, the City of Owasso will have the right to maintain these areas and bill each member of the Ram Plaza Property Owners' Association for that cost. Should payment by any member not occur, the City of Owasso may place a lien on the delinquent member's personal property within this platted area. Final documents on the Property Owners' Association will•be filed with the final plat and will include maintenance agreement and other specific rights and for association members. -5- at Ram Plaza the requirements EXPECTED SCHEDULE OF DEVELOPMENT Development of the Ram Plaza Planned Unit Development is anticipated to commence upon approval and filing of final plat and letting of development contracts. PLATTING REQUIREMENT No building permit shall be issued until the property has been included within a subdivision plat submitted to and approved by the Owasso Planning Commission and the Owasso City Council and duly filed of record, provided however, that development areas may be platted separately. Restrictive covenants shall be established implementing of record the Development Concept and Development Standards, and the City of Owasso shall be made a beneficiary thereof. -7- VI CINI T Y AIAP DENNIS L. 110DO, P.E., INC. CONEULTINC F,NCINFFR E -101, 8555 N. 117TIf E. AVE., OWASSO. OK, 74055 272 -7552 RAM PLAZA A PLANNED UNIT DEVELOPMENT OWASSO, OK EXISTING CONDITIONS ENGINEER: DENNIS L. HODO, P.E., INC. CONSULTING ENGINEER RAM PLAZA A PLANNED UNIT DEVELOPMENT OWASSO, OK EXISTING CONDITIONS TOPOGRAPHY ENGINEER: DENNIS L. HODO, P.E., INC. CONSULTING ENGINEER PROPOSED PROTECTIVE COVENANTS FOR RAM PLAZA A PLANNED UNIT DEVELOPMENT IN THE CITY OF OWASSO, OK This Declaration of Protective Covenants (the "Declaration ") is made and entered into as of the date last herein written by the Declarant. ARTICLE I Recitals Section 1.01. Declarant owns certain real property (the "Property ") described in Exhibit A attached hereto and made a Part hereof. Section 1.02. In order to protect against the development and use of the Property in a manner which might adversely affect and /br depreciate the value of the Property, Declarant desires to subject the Property to certain covenants, conditions and restrictions which shall govern the development, improvement and use of the Property. ARTICLE II General Provisions Declarant does hereby adopt and establish the herein-described Protective and restrictive covenants, easements, agreements and conditions with respect to the Property and it is hereby agreed and declared that the Property shall be sold, transferred, conveyed, improved, used and occupied subject to the following covenants, conditions, restrictions, easements, agreements and conditions, which shall be covenants running with and binding upon the Property, and be binding upon Declarant and its respective heirs, executors, administrators, successors and assigns, specifically including any and all subsequent owners of the Property or any portion thereof (including mortgagees and nay purchasers at any foreclosure sale or by deed in lieu thereof), whether by purchase, descent, devise, gift, trade or otherwise, and each and all individuals and entities, by the acceptance of fee simple title to any portion on the Property, shall and do thereby agree and covenants to abide by and perform the following provisions and agreements. The portions of the Property to be so conveyed shall be designated as such in the deed of conveyance thereof by reference to, and adoption of, this Declaration, together with any other additional covenants and restrictions which may be placed on any such portion of the Property. -13- This Declaration, and any amendment, modification or revision thereto, shall not be effective until filed for record in the Public real estate records for the county or counties or cities in which the Property is located. ARTICLE III Protective Covenants Section _3.01. Designation of Permitted and Prohibited Uses. (a) No restaurant, theater (motion picture or legitimate), health spa, skating rink, bowling alley, dairy store, establishment which sells alcoholic beverages for on- premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. The Property may, however be used and operated by a nationally -known fast food restaurant which is the same or is similar in operation to the restaurants listed immediately below: McDonalds Pizza Inn Tastee Frees endy's y ogers Hardee's Pizza Hut Burger King Kips, Shoney's Kentucky Fried Chicken Braum's Arby's Popeye's Fried Chicken Taco Bell Grandy's Dairy Queen Mazzio's Pizza Ken's Pizza Any restaurant permitted hereunder (i) which is to be located south of the Vehicular Access Easement and the Vehicular Access Easement Relocation Area as shown on the site plan attached hereto as Exhibit C shall not exceed one story, or twenty -five feet in height, (ii) must maintain adequate on -site parking of at least five (5) automobiles per one thousand (1,000) square feet of building space, (iii) shall not require cross parking easements or reciprocal parking easements and (iv) shall not sell beer, wine and liquor for on- premises consumption, except ancillary to the sale of food products, and which sales of beer, wine and liquor accounts for less than fifty percent (50 %) of the gross revenues generated by the restaurant. (b) Notwithstanding any other provision contained herein to the contrary, the following uses shall not be permitted on any portion of the Property: (i) Any use which involves the raising, breeding or keeping of any animals or poultry. (ii) Any dangerous or unsafe uses. (iii) Any industrial uses, including, without -14- This Declaration - or , and any amendmentllemodificationdormrevision thereto, shall not be effective until filed for record in the Public real estate records for the county or counties or cities in which the Property is located. ARTICLE III Protective Covenants a health spa, skating rrink, tbowling (alley, dairyrstorelegitimate), establishment which sells alcoholic beverages for on- premises consumption, or any other health, recreational or entertainment -type activity shall be operated, or permitted to operate upon the property. The Property may, however be used and operated by a nationally -known fast food restaurant which is the same or is similar in operation to the restaurants listed immediately below: McDonalds Pizza Inn Tastee Frees Shoney's Arby's Grandy's Mazzio's Pizza Wendy Is Roy Rogers Hardee's Kentucky Fried Chicken Popeye's Fried Chicken Dairy Queen Ken's Pizza Pizza Hut Burger King Kips Braum's Taco Bell Any restaurant permitted hereunder (i) which is to be located south of the Vehicular Access Easement and the Vehicular Access Easement Relocation Area as shown on the site plan attached hereto as Exhibit C shall not exceed one story, or twenty -five feet in height, (ii) must maintain adequate on -site Parking of least five (5) automobiles per one thousand (1,000) square feet at of building space, (iii) shall not require cross parking easements or reciprocal parking easements and (iv) shall not sell beer, wine and liquor for on- premises consumption, except ancillary to the sale of food products, and which sales of beer, wine and liquor accounts for less than fifty percent (50 %) of the gross revenues generated by the restaurant. the contrary, contained herein to portion of the Property: Permitted on any (i) Any use which involves the raising, breeding or keeping of any animals or poultry. Any dangerous or unsafe uses. Any industrial uses, including, without -14- limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses. (iv) Any mining or mineral exploration or development except by non - surface means. (v) Any use which may require water and sewer services in excess of the capacities allocated to the Property by any governmental authority. (vi) Any noxious or offensive activity which Owner deems objectionable and adverse to the preservation of property values of the Adjacent Property. (vii) Any use which violates any statute, rule, regulations, ordinance or other law of any governmental entity, including but not limited to all flood plain, industrial waste and other ordinances of the city or any other governmental body in which the property is located. Section 3.02. Development Standards. Construction, improvements, alterations, additions or uses of any portion of the Property shall be subject to the following standards, requirements and criteria. Section 3.02.1. Minimum Setback Lines. All structures shall comply with the zoning code or other requirements of the City of Owasso with respect to setback lines which are applicable and in force at the time of construction. Section 3.02.2 Building Design. All structures shall be masonry, brick, stone or stucco construction. There shall be no metal buildings allowed. ARTICLE IV Miscellaneous Section 4.01._ Term; Amendment. This Declaration and the covenants and restrictions set forth herein shall run with and bind all land within the Property, for a term of seventy -five (75) years from the date this Declaration is filed for record in the real property records of the county or counties in which the Property lies. Section 4.02. Severabilitv. If any of the covenants, conditions or terms of this Declaration shall be found void or unenforceable for any reason whatsoever by any court of law or of equity, then every other covenant, condition, restriction or term contained herein shall remain valid and binding. Section 4.03. Enforcement of Covenants. A violation of the covenants contained herein may result in an immediate, -15- irreparable harm for which money damages alone are not adequate. -- -"'�" raMl1V11D� �inuuiar rlural and Gender. The section headings are intended for convenience only and shall not be construed with any substantive effect in this Declaration. Words used herein shall be deemed to include the singular and Plural and any general as the context requires. Section 4.05. Successors and Assigns. This Declaration shall be binding upon Declarant and its heirs, executors, representatives, successors and assigns. Section 4.06. Governing Law. This Declaration is made in the State of Oklahoma and shall be governed by and enforced in accordance with the laws of the State of Oklahoma. Mortgagees. The covenants, conditions and restri u ctions set in this Declaration shall be prior and superior to any mortgage lien or liens encumbering the Property. -16- EXHIBIT "A" A tract of land located in the East Half of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, more particularly described as follows, to -wit: Beginning at a point, said point being the Southeast corner of the East Half; thence South 89 °55'26" West along the South line of said East Half, a distance of 990.00 feet to a point; thence due North a distance of 645.00 feet to a point; thence North 510 42'35" East a distance of 26.33 feet to a point; thence due East a distance of 969.70 feet to a point in the East line of said East Half; thence South 00 °01'55" West along the East line of said East Half, a distance of 660.00 feet to the Point of Beginning, Less and Except: A tract of land located in the Southeast Quarter (SE /4) of the Southeast Quarter (SE /4) of Section 20, Township 21 North, Range 14 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof, in the City of Owasso, Tulsa County, Oklahoma, and being more particularly described as follows: Commencing at the Southeast Corner of the Southeast Quarter (SE /4) of Section 20; thence South 89 °55'26" West, 717.97 feet with said section line to the Point of Beginning; thence South 89 °55'26" West, 272.00 feet; thence North 645.00 feet; thence North 51 °42'35" East, 26.33 feet; thence East 261.33 feet; thence South 141.00 feet; thence West 30.00 feet; thence South 130.00 feet; thence East 20.00 feet; thence South, 389.95 feet to the Point of Beginning. -17-