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HomeMy WebLinkAbout1991.05.16_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION May 16, 1991 NOTICE OF MEETING The Owasso Planning Commission will meet in regular session on Thursday, May 16, 1991 at 7:00 p.m. in the Owasso City Hall Conference Room, 207 South Cedar, Owasso, Oklahoma. Notice of addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 p.m. on Monday, May 13, 1991. Steve Compton, As istant City Manager for Community Development ADDENDUM TO AGENDA All other matters set forth on the agenda filed on May 10, 1991 shall remain the same. The following is submitted for addendum thereof: TULSA COUNTY REFERRAL 7. Tulsa County Referral CZ -190 (3214) - C W Helscel - A Request to Rezone a Tract of Land from IL and RE to IM and IL, Generally Located South of the Southeast Corner of 76th Street North and Highway 169. PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: May 16, 1991 TIME: 7:00 p.m. PLACE: Owasso City Hall Conference Room NOTICE FILED BY: Steve Compton TITLE: Assistant City Manager for Community Development FILED IN THE OFFICE OF THE OWASSO CITY CLERK AT 4:00 p.m. on May 10, 1991. Steve Compton Assistant City Manager for Community Development OWASSO PLANNING COMMISSION REGULAR MEETING Thursday, May 16, 1991, 7:00 p.m. Owasso City Hall Conference Room, 207 S Cedar AGENDA 1. Call to Order and Roll Call 2. Consider Approval of the Minutes of April 16, 1991 TULSA COUNTY REFERRAL 3. Tulsa County Referral CZ -191 (814) - Ray I Hatfield - A Request to Rezone a Tract of Land from AS to CG, Generally Located South of the Southeast Corner of Garnett Road and 116th East Avenue. 4. New Business 5. Discussion of Development In and Near Owasso. 6. Adjournment OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Thursday, April 18, 1991, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Pat Imbriano Gary Wells Charles Willey MEMBERS ABSENT STAFF PRESENT Steve Compton Marcia Boutwell The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on April 12, 1991. 1. CALL TO ORDER AND ROLL CALL - Chairperson Ray Haynes called the meeting to order at 7:05 p.m. and declared a quorum present. 2. CONSIDER APPROVAL OF THE MINUTES OF FEBRUARY 21, 1991 - The Commission reviewed the minutes of February 21, 1991. Charles Willey moved, seconded by Gary Wells, to approve the minutes as written. A vote on the motion was recorded as follows: Charles Willey - Yes Gary Wells - Yes Pat Imbriano - Yes Ray Haynes - Yes The motion carried 4-0. ZONING PUBLIC HEARING 3. OZ -84 - OWASSO DEVELOPMENT COMPANY (2014) - A Request for a Lot -Split on Lot 2, Block 1 of Mingo Valley Shopping Center, an Addition to the City of Owasso, Tulsa County, Oklahoma. The Chair introduced the case and staff reviewed the background. The subject tract is irregular shaped, approximately 7.8 acres in size, and zoned Commercial Shopping (CS). The applicant is requesting that it be split into four lots and that they be allowed to construct water and sewer extension in stages as needed. Technical Advisory Committee has reviewed the case and recommended approval with conditions. Ted Sack of Sisemore- Sack - Sisemore, was present representing the applicants. Following discussion, Gary Wells moved to approve Lot - Split OLS-75, subject to the following conditions: 1. Extension of curb and gutter along the East side of the 117th East Avenue private entry street from the curb and gutter of the public street to Lot 2C prior to the occupancy of any buildings constructed on lots created by this lot - split; Owasso Planning Commission Minutes of April 18, 1991 Page 2 2. That the looped water line be constructed and accepted by the City Council prior to the occupancy of any buildings constructed on the lots created by this lot- split; 3. That the sewer line proposed to serve Lot 2A does not have to be constructed at this time. However, no building permit can be issued on this lot until said sewer line is constructed and accepted by the City Council; this condition of approval be placed on the face of the deed for Lot 2A; and a Performance Bond, Letter -of- Credit from a local bank, or an equal method of assuring construction of this line be executed. Motion seconded by Charles Willey. A vote on the motion was recorded as follows: Gary Wells - Yes Charles Willey - Yes Pat Imbriano - Yes Ray Haynes - Yes The motion carried 4-0. ZONING PUBLIC HEARING 4. OZ -84 - OWASSO DEVELOPMENT OM ANY ( 01 ) - A Request to Rezone a Tract of Land .5 Acre in Size from CS (Commercial Shopping Center) to CG (Commercial General) District, Generally Located North of the Northeast Corner of 86th Street North and the Mingo Valley Expressway. The Chair introduced the case and staff reviewed the background. The subject tract is approximately .5 acre in size, vacant, and zoned Commercial Shopping (CS). The applicant is requesting to rezone the tract from CS to General Commercial (CG). The subject tract is isolated within a large commercial shopping center zoned CS and is surrounded by existing or planned commercial uses. Ted Sack of Sisemore- Sack- Sisemore, was present representing the applicants. David Charney, representing Hardee's, as well as the owners of the Hardee's franchise and two representatives of the Hardee's organization were present to present arguments against the requested zoning. Following discussion and questions from the Planning Commission, Charles Willey moved to deny the requested zoning change. Motion seconded by Pat Imbriano. A vote on the motion was recorded as follows: Owasso Planning Commission Minutes of April 18, 1991 Page 3 Charles Willey - Yes Pat Imbriano - Yes Gary Wells - Yes Ray Haynes - Yes The motion carried 4-0. 5. SITE PLAN REVIEW - M.D -X DRUG (2014) - A Request for a Review of the Site Plan for a Retail Sales /Drug Store Located on Part of Lot 2, Block 1, Mingo Valley Shopping Center, an Addition to the City of Owasso, Tulsa County, Oklahoma. The Chair introduced the case and staff reviewed the background. The subject tract is approximately 1.1 acres in size, vacant, zone Commercial Shopping Center (CS), and located North and East of the intersection of 86th Street North and 117th East Avenue. The applicant is requesting a Site Plan Review for a Med -D drug store use. Technical Advisory Committee has reviewed this Site Plan and recommended approval subject to conditions. Tim Wilcox, with the engineering firm representing the applicant, was present. Also present were representatives of Price Rite, located immediately adjacent to the subject tract. After all questions from both the Planning Commission and the general public were answered satisfactorily, Pat Imbriano moved to approve the site plan subject to the following conditions: 1. That construction of the sewer and water plans shown as a part of OLS -75 be made a condition of approval of this Site Plan; 2. That the storm water drainage conform to the drainage plans approved as a part of the Planning Commission and City Council approval of the Mingo Valley Shopping Center plan (drainage should be directed to the planned detention facility). The final drainage plan should be approved by the City Engineer as being in conformance with the approved plat; 3. That the following off -site condition be completed by the owners or developers prior to occupancy of the building: a 5' expansion in width of the northerly parking lot drive be allowed and constructed off -site. This will allow the applicant proper access to all parking spaces and be consistent with future expansion of the lot to the North; 4. That parking spaces numbered 2 thru 18 on the site plan be angled. Owasso Planning Commission Minutes of April 18, 1991 Page 4 Motion seconded by Charles Willey. A vote on the motion was recorded as follows: Pat Imbriano - Yes Charles Willey - Yes Gary Wells - Yes Ray Haynes - Yes The motion carried 4-0. The Chair declared a 10 minute recess at 8:20 p.m., reconvening the meeting at 8:30 p.m. 6. SITE PLAN REVIEW - FRY BUILDING (3014) - A Request for a Review of the Site Plan for a New Storage Building Located at 404 East Second Street, Owasso, Tulsa County, Oklahoma. The Chair introduced the case and staff reviewed the background. The subject tract is approximately 2.3 acres in size and zoned General Commercial (CG). It contains an existing structure used for recreational vehicle sales and service and a gravel access drive. The applicant is requesting a Site Plan Review for a building to store and repair construction equipment. The proposal includes a paved parking lot and a detention facility to meet the City's drainage standards. TAC reviewed this Site Plan and recommended approval subject to conditions. Bill Lewis, engineer for Mr. Fry was present to answer questions. Following discussion, Ray Haynes moved to approve the site plan subject to the following conditions: 1. That the engineer provide a summary letter stating his conclusions of the stormwater analysis; 2. That additional directional arrows be added to the Site Plan to clearly show that the storm water runoff from the site is intended to drain to the facility and not off the South and East sides of the site; 3. That a screening fence be constructed along the West properly line when it is developed as residential; 4. That the entire parking area be paved from the proposed building to the existing gravel entry road; 5. That all building and fire codes be met. Owasso Planning Commission Minutes of April 18, 1991 Page 5 Motion seconded by Pat Imbriano. A vote on the motion was recorded as follows: Ray Haynes - Yes Pat Imbriano - Yes Gary Wells - Yes Charles Willey - Yes The motion carried 4-0. PRELIMINARY PLAT REVIEW 7. OKLAHOMA BAPTIST RETIREMENT CENTER TTT (3214) - A Request for a Review of the Preliminary Plat for Oklahoma Baptist Retirement Center III, Generally Located South of the Corner of 122nd East Avenue and 122nd East Place. The Chair introduced the case and staff reviewed the background. The subject tract is located South of the intersection of 122nd East Avenue and 122nd East Place. The applicant is requesting a Preliminary plat review for a two -lot subdivision. These lots will be used for the construction of two duplex buildings during the time the applicant is developing the larger tract of land Northwest of this tract. The City Engineer and TAC has reviewed the case and recommend approval subject to conditions. R. W. Steel, engineer for the applicant, and David Hall, Administrator of the Center, were present. Following discussion, Pat Imbriano moved to approve the preliminary plat subject to the following conditions: 1. That the Restrictive Drainage Easement for the detention facility on Lot 2 be more clearly defined and not be allowed to conflict with the 20' utility easement shown along the West property line. Bearings should be shown on the boundaries of the easement. Letters of release from ONG and PSO will be required; 2) That the final Convents for Phase III be the same as those approved by the Planning Commission for Phase II; 3) That all engineering submittals should be signed and sealed by a registered professional engineer; 4) That any conflicting water lines should be shown on the storm sewer plan and profile; 5) That only PVC pipe for the sanitary sewer lines be specified; Owasso Planning Commission Minutes of April 18, 1991 Page 6 6) That the Baptist Retirement Center III At Owasso, Detention Revort should contain a summary showing the peak undeveloped runoff rates, the peak developed runoff rates, and the peak developed runoff rates with detention. An interpretation of the analysis, and a conclusion of the results, should be included. TULSA COUNTY REFERRAL 8. TULSA COUNTY REFERRAL CZ-188 & PUD-469 - LARKIN BAILEY - A Request to Rezone a Tract of Land from AG to RS, OL, CS, IL and PUD -469, Generally Located from 91st to 106th Streets North, West of Mingo to East of Garnett. The Chair introduced the case and staff reviewed the background. County Referral Cases Z -188 and PUD -469 are cases that have been filed with the Tulsa Metropolitan Area Planning Commission ( TMAPC) which addresses the proposed underlying zoning pattern and Outline Development Plan for that portion of the land under the control of the Larkin Bailey Trust, but located outside the corporate limits of the City of Owasso. However, it is located within the City's fenceline and the intensities and densities proposed assure that annexation into the City would be necessary prior to development. Bland Pittman, of the firm of Pittman Poe and Associates, was present representing the applicant and explained the proposed zoning. Following discussion and questions, Charles Willey moved to recommend that TMAPC approve these cases, and that the memorandum to the Planning Commission dated April 10, 1991 be forwarded to them. Motion seconded by Gary Wells. A vote on the motion was recorded as follows: Charles Willey - Yes Gary Wells - Yes Pat Imbriano - Yes Ray Haynes - Yes The motion carried 4-0. 9. NEW BUSINESS - None 10. DISCUSSION OF DEVELOPMENT IN AND NEAR OWASSO - Staff discussed current development and construction, including the signalization on 86th street. Owasso Planning Commission Minutes of April 18, 1991 Page 7 11. ADJOURNMENT - Pat Imbriano moved, Charles Willey seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Pat Imbriano - Yes Charles Willey - Yes Gary Wells - Yes Ray Haynes - Yes The motion carried 4-0 and the meeting was adjourned at 8:55 p.m. Chairman Secretary Date M E M O R A ND U M TO: Owasso Planning Commission FROM: Steve Compton Assistant City Manager for Community Development SUBJECT: County Referral - CZ -191 DATE: May 10, 1991 BACKGROUND The subject tract is approximately .5 acre in size, contains a flea- market business, and is zoned Agriculture (AG). It is abutted on the North by a single - family dwelling zoned AG, on the East by vacant land zoned AG, on the South by vacant land and a commercial center zoned AG and Commercial Shopping (CS), and on the West by a commercial center zoned General Commercial (CG). The applicant is requesting that the subject tract be rezoned to CG. The tract is flat and has 165 fleet of frontage on Garnett Road (Old Highway 169). As stated above, the tract is zoned AG and contains an existing flea- market business (Use Unit -15). This use is not permitted under the present AG zoning classification, but is allowed by right under the requested CG classification. The county has determined the use to be a flea- market and the city would concur with that determination. However, the condition of the tract when city staff conducted its field inspection made it extremely difficult to determine if the use was a flea- market, a common junk yard (Use Unit -25), or simply a health and safety nuisance that should be removed. The tract is in a complete state of disarray and is a major detraction to the surrounding area. Serious attention should be given to rectifying this condition. The Comprehensive Plan designates the subject tract and the areas abutting the tract to the North and South to be Medium Intensity Commercial/Office. The requested CG zoning district "may -be- found" in accordance with the Comprehensive Plan. In such a case it becomes necessary for the Planning Commission to review both the physical facts of the site and the intent of the comprehensive plan to determine if the request is consistent with existing and planned conditions. The tract is on the southern end of a commercial area commonly known as German Corner. Prior to the recent realignment of Highway 169, it was the intersection of Highway 169 and Highway 20. Since the realignment of the highways and the relocation of the Wal -Mart store, retail trade in this commercial center has been extremely slow. This type of economic downturn in an area often leads to the onslaught of some very marginal commercial uses. If this is allowed to occur, it can actually foster additional economic downturns, which then adds to the chance for more marginal uses to be proposed. The German Corner area is presently at a balancing stage where any negative impacts could cause long -term land use and economic development problems. Continued use of the tract in the manner that it is presently being used will certainly have a negative impact on the entire area. At the time the Comprehensive Plan was developed for this area, some tracts of land were already zoned CG. However, it was recognized that it would be inappropriate to allow the entire area to transition to such an intense commercial zoning classification. Because of this, the plan was established to allow the existing CG areas to remain and for future areas to be zoned CS. Since the adoption of the plan, the Planning Commission has worked hard to maintain consistency and not allow additional CG zoning. Finally, it is important to note that the city's zoning code would not allow the present use if it were zoned CS and located within the city limits. The county's zoning code would allow the use, but only by Special Exception if it is zoned CS. Since there is such a distinct difference between the codes on this issue, it would seem appropriate for the county to grant the less intense CS classification, thereby providing a means for those neighbors that are within the city limits to have some of the protection afforded them by the city zoning code. RECOMMENDATION Given the existing physical conditions in the area, the Comprehensive Plan designation, and the differences between the city and county zoning codes, I would recommend denial of the requested CG zoning classification and approval of a CS classification. MAY 07 '91 09:44 THE EAST 132.0 FEET OF THE WESf TEX -A4.0 MT OF TIM SOUTHWEST QUARTER (SW 1/4) OP THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHWEST (NW 1/4) OF SECTION 8, TOWNSHIP-21-NORTH, RANGE-14-EAST OF THE I.B. & M., TULSA COUNTY. STATE OF CONTAINING 0.50 ACRES. CERTIFICATE 1, JIM RICHARD BRUNDERSIGNED H THE UNDERSIGNED no HEREBY CERTIFY THAT I AN BY PRWESSION A SSG