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HomeMy WebLinkAbout1991.08.22_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION August 22, 1991 Agenda posted on the Owasso City Hall Bulletin Board at 1:00 p.m. on Friday, August 16, 1991. Steve Compton Assistant City Manager for Community Development OWASSO PLANNING COMMISSION RESCHEDULED REGULAR MEETING Thursday, August 22, 1991, 7:00 p.m. Owasso Community Center, 301 S Cedar AGENDA 1. Call to Order and Roll Call 2. Consider Approval of the Minutes of July 18, 1991 3. Consider Request to Restudy Comprehensive Plan in the Area South of 76th Street North and East of Highway 169 4. Consider Proposed Zoning Code Amendment to Allow Other Trades and Services and Drive -In Restaurants on the CS (Commercial Shopping Center) District Only With Approval of the Board of Adjustment 5. New Business 6. Discussion of Development In and Near Owasso. 7. Adjournment OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Thursday, July 18, 1991, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT Dewey Brown Ray Haynes Pat Imbriano Gary Wells Charles Willey ABSENT STAFF PRESENT Richard Hall Marcia Boutwell Steve Compton The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on July 11, 1991. 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. INTRODUCTION OF NEW MEMBER, DEWEY BROWN - Chairperson Haynes introduced Mr Dewey Brown, recently appointed to the Commission. 3. CONSIDER APPROVAL OF THE MINUTES OF JUNE 20, 1991 - The Commission reviewed the minutes of June 20, 1991. Charles Willey moved, seconded by Pat Imbriano, to approve the minutes as written. A vote on the motion was recorded as follows: Charles Willey - Yes Pat Imbriano - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes - Yes The motion carried 5 -0. COUNTY REFERRAL PUBLIC HEARING 4. TULSA COUNTY REFERRAL CZ -192 (3214) - BOBBY & MAXINE THOMAS - A Request to Rezone a Tract of Land from RE to IL, Generally Located at the Northeast Corner of 68th Street North and Highway 169, More Particularly Described as 6835 N 115th E Ave, Owasso, OK. The Chair introduced the case and staff reviewed the background. The subject tract is located at the Northeast corner of 68th St N & the Mingo Valley Expressway, approximately 1.8 acre in size, and zoned Residential Estates (RE). It is outside the Owasso city limits and is being heard by the Planning Commission as a referral case. The property contained in this zoning Owasso Planning Commission Minutes of July 18, 1991 Page 2 case is in an area of mixed land uses. Homes and mobile homes are located East of the property along 68th and 69th Streets North. A trailer rental business is located on the North half of this property and extends farther North, and a manufacturing business is located North of the rental business. The applicant is requesting Industrial Light (IL) zoning on the property. The applicant was present and stated that he is requesting rezoning only on the South half of Lot 2 and all of Lot 3. The application states that Lots 3 & 4 are also involved, which apparently is incorrect since those lots are not owned by Mr Thomas. Several area residents were present, all of them protesting the rezoning. Jan Gaylord, spokesperson, read a statement on behalf of the group in which they expressed their opposition to the rezoning of both this property and the HAMMCO property. They are generally opposed to industrial uses in the area and are requesting that the Owasso Area Comprehensive Plan be reviewed and revised in keeping with the focus of the present residential growth in the Southeast area of the Owasso fenceline. The area residents are requesting that: 1. The rezoning request of Bobby Thomas be continued until the Comprehensive Plan has ben reviewed. 2. The Owasso Planning Commission request that the TMAPC delay making a recommendation on the Bobby Thomas rezoning request and that the request be continued until the Comprehensive Plan has been reviewed. 3. The Owasso Planning Commission request that the Tulsa County Board of Commissioners delay making a decision on the HAMMCO rezoning request until the Comprehensive Plan has been reviewed. 4. A public hearing be called and a review of the Comprehensive Plan be ordered which will focus on the area's present growth and potential and on the impact industrial uses are having and will have in the future on the large residential area adjacent to the industrial area. Following much discussion and questions from the Planning Commission, Gary Wells moved to recommend that TMAPC deny IL zoning on the subject tract. Motion seconded by Charles Willey. A vote on the motion was recorded as follows: Owasso Planning Commission Minutes of July 18, 1991 Page 3 Gary Wells - Yes Charles Willey - Yes Dewey Brown - Yes Pat Imbriano - Yes Ray Haynes - No The motion to recommend denial of the requested IL zoning carried 4 -1. Ms Gaylord asked if the Comprehensive Plan would be reviewed. Mr Haynes stated that it had last been reviewed in 1985 and that there were no plans to review it at this time. 5. NEW BUSINESS - None 6. DISCUSSION OF DEVELOPMENT IN AND NEAR OWASSO - Staff discussed current development and construction in the Owasso area. 7. ADJOURNMENT - Charles Willey moved, Pat Imbriano seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Charles Willey - Yes Pat Imbriano - Yes Dewey Brown - Yes Gary Wells - Yes Ray Haynes - Yes The motion carried 5 -0 and the meeting was adjourned at 8:10 p.m. Chairperson Secretary Date MEMORANDUM TO: OWASSO PLANNING COMMISSION FROM: STEVE COMPTON ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT SUBJECT: REQUEST FOR COMPREHENSIVE PLAN SPECIAL UPDATE DATE: August 15, 1991 BACKGROUND Because of two recent County rezoning cases where the applicants have requested industrial zoning, several residents of the area bounded on the north by 76th Street North, on the west by the Mingo Valley Expressway service road, on the south by 68th Street North, and on the east by 119th East Avenue (see enclosed map) have requested that the Planning Commission prepare a study of this area to determine the need for amending the Comprehensive Plan. In this area, the staff sees two principle planning issues that need to be addressed. One is the establishment of transitional buffers and the second is the separation of residential and non - residential traffic. The Comprehensive Plan calls for High - Intensity Industrial zoning along the service road, but does not directly identify a plan for the establishment of transitional buffers between these high intensity uses and the adjacent residential uses. It is staff's opinion that it would be appropriate to allow IL zoning to extend to the east using the existing IL zoning boundary located in the north central portion of this area as a guide for maximum depth. Light industrial zoning to this depth should occur only if access is available to the service road. This control can be accomplished by using the PUD requirement that is already a part of the Comprehensive Plan for this area. The second planning issue is residential and non - residential access and traffic separation. There are several non - conforming uses located on the large residential lots in this area. This causes a mixture of traffic on 117th East Avenue and 119th East Avenue. The greatest problem is on 117th, which is basically a residential street. The staff sees this as inappropriate and would suggest that, as this area continues to develops, the western portions of the lots that front onto 117th could be zoned IL if access to the service road is available. This would assist in minimizing non - residential MEMORANDUM Comprehensive Plan Special Update Page 2 traffic on 117th East Avenue and maximize the utilization of the service road for such traffic. The staff would also suggest that a comprehensive code enforcement study be conducted by the County Building Inspectors Office for the entire area. A brief field check by city staff indicated that business uses in this area appear to be much more extensive than initially anticipated. Such businesses are most likely illegal, add to traffic problem, and are not appropriate in residentially zoned areas. The land fronting onto the east service road for Highway 169 between 66th Street North and 86th Street North has been designated by the Owasso Comprehensive Plan for development as a mixture of commercial and industrial uses since 1978. Prior to 1978, the frontage land between 66th Street North and 76th Street North had been designated to develop as residential. It appears that as a result of the planning study conducted in 1977 and 1978, the city determined that this frontage land would not be appropriate for residential use and at that time designated its future use for industrial. A comprehensive update of the 1978 plan was conducted in 1984 and 1985, which resulted in the adoption of a revised plan in 1985. The 1985 plan confirms the 1978 plan and continues to designate the subject area for industrial use. The staff believes the plan to be clear, except that we would question the fact that no precautions seem to have been taken to buffer high or medium industrial uses from residential uses. Because of this, we have made recommendations in this area for the extension of an IL buffer. As stated previously, the maximum easterly extension should be no farther than the existing IL zoning located in the north central part of the area. RECOMMENDATION Since any plan or code cannot be written to cover all concerns, there will always be land use development questions left unanswered. This is why there are planning commissions. If the plans and codes covered everything, there would be no need for a planning commission and staff's job would simple. However, land development decisions are made by planning commissions using not only the Comprehensive Plan, but also existing conditions, past decisions, and good planning principles. Many of the problems discussed by the residents of this area are code enforcement problems, not zoning problems and should be handled through other means rather than changes in the Comprehensive Plan. The frontage land on the service road between 76th Street North and 86th Street North has developed with both MEMORANDUM Comprehensive Plan Special Update Page 3 commercial and industrial uses backing up to residential uses without creating the problems and concerns identified by the residents in the subject area. It is staff's opinion and recommendation that a major land use study of this area is not necessary. However, there have been several zoning decisions and land use changes that have occurred city -wide over the last few years that are inconsistent with various subparts of the comprehensive plan. Because of these decisions to vary from the plan, it would be advisable to conduct a "housecleaning review" and revise several specific areas of the whole plan to conform with these decisions. This would be an ideal time to address the need for the addition of a transitional buffer in this area that would be based on the final zoning action of its current cases. TO: THE OWASSO PLANNING COMMISSION FROM: STEVE COMPTON ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT SUBJECT: PROPOSED ZONING CODE AMENDMENT TO ALLOW OTHER TRADES AND SERVICES AND DRIVE -IN RESTAURANTS ON THE CS (COMMERCIAL SHOPPING CENTER DISTRICT) ONLY WITH APPROVAL OF THE BOARD OF ADJUSTMENT DATE: August 15, 1991 BACKGROUND Over the years there have been times when we have received requests for specific commercial uses to be constructed on Commercial Shopping (CS) zoned tracts that did not correspond to the Use Unit group of commercial uses permitted by right under CS zoning. Upon application for rezoning, the more intense General Commercial (CG) zoning was denied because many of the specific uses permitted under the allowed Use Unit groups were considered to intense for the proposed location. These cases point to a situation where the Planning Commission and City Council have been placed in a position of making either /or decisions on zoning classifications because they did not have the flexibility to decide on specific issues concerning an individual use and its compatibility with surrounding uses. To remedy this situation, I would propose to amend the Zoning Code to allow some additional commercial uses to be permitted in a CS district based upon their appropriateness in a specific situation and with approval of the Board of Adjustment (see attachments). Two sections of the Owasso Zoning Code specify the uses that may be allowed in commercial zoning districts. Section 610, Principal Uses Permitted in Commercial Districts and Appendix "A" Summary. Use Units - Zoning District now require that "Other Trades and Services" and "Drive -In Restaurants" may be allowed on only the CG (Commercial General) and CH (Commercial High Intensity) zoning districts. Both of those commercial zoning districts are more heavy -duty districts than the CS district. The definition of "Drive -In Restaurant" uses are self explanatory. "Other Trades and Services" is a group of businesses that includes, as the name indicates, trade establishments primarily providing business and household maintenance goods and services that as a group are not ordinarily found in primary retail districts because of differing market and site requirements. Such uses would include trade establishments with incidental fabricating, processing, installation and repairs; and service establishments including construction service, personal services, repair services, and trade schools. If the Zoning Code is amended to allow both "Other Trades and Services" and "Drive -In Restaurants" in the CS zoning district, with the approval of a Special Exception by the Owasso Board of Adjustment the Board may deny the request or require any necessary restrictions in its approval that would protect any neighbors from potential negative impacts. If the code is not amended, some individual commercial uses will be denied the opportunity to develop in appropriate CS zoned locations and the pressure for granting CG zoning in areas where CS might be the better choice will continue. Based upon the above analysis, I recommend approval of the proposal to allow "Drive -In Restaurants - Use Unit 18" and "Other Trades and Services - Use Unit 15" by Special Exception in the CS Commercial Shopping Center District. Accommodate the grouping of certain commercial and light indus- trial uses which are compatible with one another. 600.4 Purposes of the CH Commercial High Intensity District The CH District is designed to accommodate high intensity commercial and related uses. SECTION 610 PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS The principal uses permitted in the Commercial Districts are designated by use units. The use units are groupings of individual uses and are fully - described, including their respective off - street parking, loading, and screening requirements and other use conditions in Chapter. 10. The use units permitted in Commercial Districts are set forth below Table 1. Table 1 Use Units Permitted in Commercial Districts No. Name CS Districts CG CH 1. Areawide Uses X X X 2. Areawide Special Exception Uses E E E 4. Public Protection and Utility Facilities X X X 5. Community Services, Cultural and Recreational Facilities X X X 8. Multi - Family Dwellings and Similar Uses E E E 10. Off- Street Parking Areas X X X 11. Offices and Studios X X X 12. Eating Places Other Than Drive -Ins X X X 13. Convenience Goods and Services X X X 14: Shopping Goods and Services X X X 15. Other Trades and Services E X X 16. Gasoline Service Stations X X X 17. Automotive_ and Allied Activities E X X 18. Drive -In Restaurants E X X 19. Hotel, Motel, and Recreation Facilities X X X 20. Commercial Recreation, Intensive E E 21. Business Signs and Outdoor Advertising X X X 22. Warehousing and Wholesaling E X 24. Light Manufacturing and Industrial Research and and Development E E *X = use by right. E = special exception. 36 APPENDIX A SUMMARY USE UNITS - ZONING DISTRICT USE UNITS Chapter 10 ZONING DISTRICTS A(-RE RS- RS- RS-.' RD RTHI RMH RM- RM-21 OL OM I C CG CH IL IM IH 2. AREA -WIDE EXCEPTION USES E E E E E E E E E E. E E I E E E E E E AGRICULTURE X X 4. PROTECTION AND UTILITY X E E E E E E E E E E E X X X X X X 5. SERVICES CULTURE & RECREATION E E E E E E E E E E E X X X X 6. SINGLE- FAMILY DWELLING X X X X X X X E I X X 7. DUPLEX DWELLING E X E I X X 8. MULTIFAMILY DWELLING X X X E E E E E 9. MOBILE HOME DWELLING E X 10. OFF- STREET PARKING X X X X X X X X OFFICES AND STUDIOS X X X X X X X 12. EATING PLACES E E 3. CONVENIENCE GOODS & SERVICES F X X X E E E 4. SHOPPING GOODS & SERVICES I X1 X X E E E 5. OTHER TRADES & SERVICES E X X X 6 GASOLINE SERVICE STATIONS X X X X X X AUTOMOTIVE & ALLIED ACTIVITIE E X X X X X DRIVE -IN RESTAURANTS E X 9. HOTEL MOTEL AND RECREATION X X X 2U. COMMERCIAL RECREATION: IN- TENSIVE E E E E X X 2. SIGNS & OUTDOOR ADVERTISING X X Xi X X X X 22. WAREHOUSING AND WHOLESALING E X 23. MINING AND MINERAL PROCESSING E E 24. LIGHT MANUFACTURING & RESEARC AND DEVELOPMENT E E X X X 25. MODERATE MANUFACTURING X X 26. HEAVY MANUFACTURING E X X = use by right. E = use by exception. * = uses permitted are subject to review of a site plan by the Planning Commission. SECTION 1015 USE UNIT 15 OTHER TRADES AND SERVICES - 1015.1 Description Trade establishments primarily providing business and household main- tenance goods and services ordinarily not found in the primary retail districts because of differing market and site requirements. 1015.2 Included Uses Trade establishments, including incidental fabricating, processing, installation, and repair: air conditioning and heating, bait shops, who- lesale bakery, bottled gas, carpeting, decorating, fence, fuel oil, general merchandising establishment NEC, glass, greenhouse with retail sales, heating equipment, ice plant, lumber yard, model homes,.monument (excluding shaping), pawn shop, plastic materials, plumbing shop, portable storage building sales, printing and publishing, reproduction services, and vending machines sales and services; service establishments such as disinfecting and exterminating services, janitorial service, and window cleaning; contract construction service such as air conditioning, car- pentry, decorating, electrical, furnace cleaning, landscape contractor, painting, paper hanging, plastering, plumbing, sign painting, tile setting; armored car service; personal services such as auctioneer, bin- dery, cabinet maker, drapery service, frozen food locker, kennel, laundry, linen supply and industrial laundry, packing and crating of household and other similar goods, rug cleaning, taxidermist, woodworking shop; repair services such as armature rewinding service, business machine repair, com- puter repair, data processing machine repair, electrical repair service, furniture, household appliances, mattresses and pillows, reupholstery, and rug repair; and schools such as barber, beauty and trade. 1015.3 Use Conditions The uses included in Use Unit 15, when located on a lot which'.is abutting an R district, shall be screened from the abutting R district by the erec- tion and maintenance of a screening wall or fence along the lot line or lines in common with the R district. 1015.4 Off- Street Parking and Loading Requirements Parking Spaces Loading Berths Trade establish- 1 per 400 sq. ft. 1 per 5,000- 25,000 sq. ft:; ments of floor area plus 1 per each additional 25,000 sq. ft. of floor area Service estab- 1 per 400 sq. ft. of 1 per 5,000- 25,000 sq. ft. lishments floor area plus 1 per each additional 25,000 sq. ft. of floor area SECTION 1018 USE UNIT 18 DRIVE -IN RESTAURANTS 1018.1 Description Eating establishments providing curb service or offering food or drink for on- premise consumption within parked motor vehicles, or permitting the on- premise consumption of food or drink within the parked motor vehicle or outside the principal structure. 1018.2 Included Uses Drive -in restaurants 1018.3 Use Conditions a. The uses included in Use Unit 18, when located on a lot which is abutting an R district, shall be screened from the abutting R district by the erection and maintenance of a screening wall or fence along the lot line or lines in common with the R district. 1018.4 Off- Street Parking and Loading Requirements Drive -In restau- rants Parking Spaces 1 per 200 sq. ft. of floor area Loadina Berths 1 per 5,000 - 25,000 sq.ft.,. of floor areas plus 1 per additional 25,000 sq. ft. of floor area NOTICE OF RESCHEDULED REGULAR MEETING The Owasso Planning Commission will meet in a rescheduled regular session on Thursday, August 22, 1991 at 7:00 p.m. in the Owasso Community Center, 301 South Cedar, Owasso, Oklahoma. Notice filed in the office of the City Clerk and posted on the City Hall bulletin board at 3:00 p.m. on Wednesday, July 31, 1991. Richard Hall, City Planner