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HomeMy WebLinkAbout1990.10.18_Planning Commission AgendaAGENDA PACKET OWASSO PLANNING COMMISSION October 18, 1990 PUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular DATE: October 18, 1990 TIME: 7:00 p.m. PLACE: Owasso Community Center 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 October 12, 1990. Steve Compton Assistant City Manager for Community Development OWASSO PLANNING COMMISSION REGULAR MEETING Thursday, October 18, 1990, 7:00 p.m. Owasso Community Center, 301 South Cedar AGENDA 1. Call to Order and Roll Call 2. Consider Approval of the Minutes of September 20, 1990 on 3. Oklahoma Baptist Retirement Center II (3214) - A Request for a Review of the Preliminary Plat for Oklahoma Baptist Retirement Center II, Generally Located at the Southwest Corner of 76th Street North and North 122nd East Avenue. 4. Mingo Valley Shopping Center (2014) - A Request for a Review of the Final Plat for Mingo Valley Shopping Center, Generally Located North of the Northeast Corner of 86th Street North and the Mingo Valley Expressway. 5. Mingo Valley Shopping Center (2014) - A Request for Easement Vacations for Mingo Valley Shopping Center, Generally Located North of the Northeast Corner of 86th Street North and the Mingo Valley Expressway. 1) Utility 2) Drainage 6. Site Plan Review - Hardee's (2014) - A request of a Site Plan Review for a Restaurant Located on Lot 1, Block 1, Mingo Valley Shopping Center. Owasso Planning Commission AGENDA October 18, 1990 Public Hearing 7. Proposed Amendments to the Code of Ordinances for the City of Owasso, Oklahoma, in Particular: Part 12-- Planning, Zoning and Development, Chapter 2 -- Zoning Regulations, Section 202 - -Sign Regulations adopted, as same incorporates language of Ordinance Number 309 as amended by 352, amending same by substituting the Board of Adjustment in place of the City Council in Section 4 -- Design Requirements, Subsection J -- Projection Deemed Nuisances; by substituting the Planning Commission in lieu of the City Council in Section 5 -- Construction Requirements, Subsection A - -Area Marker; by substituting the Board of Adjustment in lieu of the City Council under Section 5 -- Construction Requirements, Subsection H(2) Relating to Temporary Signs, by substituting the Planning Commission in the place of the Governing Body of the City of Owasso, Oklahoma, in Section 6 -- District Sign Regulations, Subsection A(1) by substituting the Planning Commission for the City Council in Section 6 -- District Sign Regulations, Subsection E; by repealing Sections 7 and 9 Relating to Nonconforming Signs and Appeal and Variance, Directing Codification, Declaring an Effective Date. B. New Business 9. Discussion of Development In and Near Owasso. 10. Adjournment OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Thursday, September 20, 1990, 7:00 PM Owasso Community Center 301 S Cedar, Owasso, Oklahoma MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Ray Haynes Rick Johnson Steve Compton Pat Imbriano Marcia Boutwell Gary Wells Rodney Ray Charles Willey Rohn Munn The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on September 13, 1990. 1. CALL TO ORDER AND ROLL CALL - Chairman Ray Haynes called the meeting to order at 7:03 p.m. and declared a quorum present. 2. CONSIDER APPROVAL OF THE MINUTES OF AUGUST 16, 1990 - The Commission reviewed the minutes of August 16, 1990. Gary Wells moved, seconded by Pat Imbriano, to approve the minutes as written. A vote on the motion was recorded as follows: Gary Wells - Yes Pat Imbriano - Yes Charles Willey - Yes Ray Haynes - Yes The motion carried 4-0. 3. MINGO VALLEY SHOPPING CENTER (2014) - A Request for a Review of the Preliminary Plat for Mingo Valley Shopping Center, Generally Located North of the Northeast Corner of 86th Street North and the Mingo Valley Expressway. Chairman Haynes introduced the case and staff reviewed the back- ground. The applicant is requesting a Preliminary Plat review for a tract of land located Northeast and Northwest of the intersection of 66th Street North and 117th East Avenue. The proposed plat consists of one block and two lots, both of which have access to public utilities. The applicant expects to lot -split Lot 2, Block 1 in the future when specific uses and needs are identified. The Technical Advisory Committee has reviewed the case and recommended approval of the site plan subject to seven concerns being met. Staff has also reviewed the case and concurs with the concerns of TAC. The owner of adjacent property has been in contact with staff and has expressed concern about the easements requested by the utility companies. Ted Sack, the applicant's engineer was present - to answer questions, and stated that they are working with the utility companies on the easement concerns. Further discussion centered on the number of lots being platted and potential lot splits. Owasso Planning Commission Minutes of September 20, 1990 Page 2 Ray Haynes moved to approve the site plan subject to the following concerns being met: 1. The addition of a 17.5' general utility easement along the North property, except the extreme West portion of Lot 2 where it will follow along the North side of the entry road; 2. The addition of a 17.5' general utility easement along the West side of Lot 1 and Lot 2. This easement should flare to a 30' width where it crosses the entry road; 3. The addition of a 22' general utility easement 11' either side of the North property line of Lot 1 and extending across the 117th East Avenue entry road; 4. The addition of a 17.5' general utility easement along the Southeast property line of Lot 2; 5. The dedication of the right -of -way for the end of 117th; East Avenue; 6. The addition to the Deed of Dedication, Section 1.3.1, reference to all public and private utilities; 7. The addition to the Deed of Dedication reference to Wal- Mart's shared responsibility for the maintenance of the detention facility and the mutual access roadways. Motion seconded by Pat Imbriano. Mr. Sack questioned the Commission about utility easements on the Final Plat meeting the requirements of the utility companies as agreed to under negotiations currently being carried out. 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. 4_ SITE PLAN REVIEW - FIRST CHRI_ST-IAN_ CHURCH COUNSELING CENTER 2( 914) - A request for a Review of the Site Plan for the Addition of a Counseling Center, Generally Located on Lots 1 thru 6, Block 1 of Elm Creek Condominiums Amended, City of Owasso, Tulsa County, Oklahoma. Chairman Haynes introduced the case and staff reviewed the back- ground. The applicant is requesting a Site Plan Review for a church related counseling and temporary housing center. The Owasso Planning Commission Minutes of September 20, 1990 Page 3 proposal would be to locate three buildings on the site fronting on 123rd East Avenue. The proposal would also include a bridge over the drainage ditch West of the site to tie the new Center to the existing church parking lot which is located on the West side of the drainage ditch. The Technical Advisory Committee has reviewed the case and identified several concerns. Staff has reviewed the Site Plan and concurs with the recommendation of the TAC with addition of one further condition, the approval by the Board of Adjustment of a Special Exception to allow this use in a residential area. The applicant, Tom Summers was present to explain to the Commission the proposed site plan. Following much discussion on the proposed use, Gary Wells moved, seconded by Charles Willey, to approve the Site Plan for the Christian Church Counseling Center, subject to the following conditions: 1. That there be no paving over the existing 15" utility easement along the drainage ditch and that, if a bridge is constructed, special precautions be taken to protect the existing gas and electric lines located in this easement; 2. That each of the three proposed buildings be no larger that 3000 square feet in size and that one handicapped parking space be provided for each building. 3. That a screening fence and /or landscape buffer be provided along the South property line between the subject tract and the abutting single - family zoned lot. 4. That any bridge constructed over the drainage ditch must be designed in such a manner that it does not restrict the design flow of the ditch. In addition, the bridge would have to be designed and constructed so that it would pass the runoff from a 100 -year frequency rainstorm under full urbanization; 5. That the Board of Adjustment approve a request for a Special Exception to the Zoning Code to allow this use in a residential area. A vote on the motion was recorded as follows: Gary Wells - Yes Pat Imbriano - Yes Charles Willey - Yes Ray Haynes - Yes The motion carried 4-0. 5. SITE PLAN REVIEW - 76TH STREET TEXACO (3114) - A Request for a Review of the Site Plan for the Addition of a Star Lube Facility, Owasso Planning Commission Minutes of September 20, 1990 Page 4 Generally Located on Lot 2, Block 2. Owasso Business Park, an Addition to the City of Owasso, Tulsa County, Oklahoma. Chairman Haynes introduced the case and staff reviewed the background. The applicant is requesting a Site Plan Review for the addition to their existing facilities of a stand -alone quick -lube building. Mr. Bob Archibald of Texaco was present to answer questions and explain the concept of the quick -lube. The Technical Advisory Committee reviewed this case at their September 12, 1990 meeting and recommended approval subject to several concerns. Staff has also reviewed the Site Plan and recommends approval. Charles Willey moved, seconded by Pat Imbriano, to approve the Texaco Quick -Lube Site Plan subject to the following: 1. That the five existing parking spaces, including one handicapped space be relocated on the lot; 2. That all federal, state, and local health and safety requirements be met; 3. That the proposed building be moved East approximately 3' to avoid any encroachment into the existing driveway access lanes; 4. That the exit drive out of the lube facility be redesigned to provide, to the maximum extent possible, perpendicular entry into the existing driveway lanes. That a stop sign be located at the end of the exit drive from the lube facility; 5. That the existing sidewalk stubbed into the subject tract from the abutting McDonald's tract be extended to the East curb of the East drive and that wheelchair access be provided from the drive to the sidewalk; 6. That a landscape plan be submitted to and approved by the city planner for the area East and North of the proposed building; 7. That the advertising sign presently located on the Northeast corner of the tract be eliminated. A vote on the motion was recorded as follows: The motion carried 4-0. Charles Willey - Yes Pat Imbriano - Yes Gary Wells - Yes Ray Haynes - Yes Owasso Planning Commission Minutes of September 20, 1990 Page 5 ANNEXATION REVIEWS 6. OWASSO CHURCH OF THE NAZARENE (21- 21 -14) - A Tract of Land Located North of the Northwest Corner of 86th Street North and 145th East Avenue. The applicant is requesting annexation of this five -acre tract located approximately 1/4 mile North of the Northwest corner of 145th East Avenue and 86th Street North. It is vacant and is proposed to be the location for the new Owasso Church of the Nazarene. It is surrounded on three side by the City of Owasso. The Annexation Committee reviewed this case at their August 30, 1990 meeting and recommended that the tract be annexed. Charles Willey moved to recommend to the City Council annexation of this tract. The motion was seconded by Gary Wells, and 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. 7. STATE OF OKLAHOMA (19- 21 -14) (20- 21 -14) (29- 21 -14) - The Mingo Valley Expressway (US Highway 169) Right -of -Way Between 76th Street North and 96th Street North. On March 30, 1989 the Annexation Committee recommended that the City annex the Mingo Valley Expressway right -of -way between 76th Street North and 86th Street North. The City of Owasso, with the consent of the Oklahoma Department of Transportation, is making this request to annex highway rights -of -way that pass through the community. Since that time the proposal has been extended to include those parts of Old Hwy 169 between 86th Street North and 96th Street North that is State of Oklahoma owned land. The Annexation Committee reviewed this case for a second time at their August 30, 1990 meeting and recommended that the tracts be annexed. Pat Imbriano moved to recommend to the City Council annexation of these tracts. The motion was seconded by Gary Wells, and a vote on the motion was recorded as follows: Pat Imbriano - Yes Gary Wells - Yes Charles Willey - Yes Ray Haynes - Yes The motion carried 4-0. Owasso Planning Commission Minutes of September 20, 1990 Page 6 8. OWASSO SPORTS COMPLEX (7- 21 -14) - A Tract of Land Located East of the Southeast Corner of 116th Street North and Mingo Road. The subject tract is vacant and was recently purchased by the City of Owasso as the proposed location of the new Owasso Sports -Plex, to be developed over the next 5 to 10 years_ The Annexation Committee reviewed this case at their August 30, 1990 meeting and recommended that the subject tract be annexed. Gary Wells moved to recommend to the City Council annexation of the tract. The motion was seconded by Charles Willey, and 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. 9. New Business - None 10. DISCUSSION OF DEVELOPMENT IN AND NEAR OWASSO - Steve Compton reviewed current and proposed building activity. 11. ADJOURN - Charles Willey moved, Gary Wells seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Charles Willey - Yes Gary Wells - Yes Pat Imbriano - Yes Ray Haynes - Yes The meeting was adjourned at 8:50 p.m. Chairman Secretary Date MEMORANDUM TO: Owasso Planning Commission FROM: Steve Compton Assistant City Manager for Community Development SUBJECT: Staff Case Report - Preliminary Plat for Oklahoma Baptist Retirement Center II, Lots 1-5, Block 1 (32- 21 -14) DATE: October 12, 1990 BACKGROUND The applicant is requesting a Preliminary Plat review for Lots 1 -5, Block 1 of Oklahoma Baptist Retirement Center II, a duplex dwelling area. The subject tract is located South of the Southwest corner of 76th Street North and 122nd East Avenue. It is zoned Agriculture (AG) and the retirement center use was granted by the Board of Adjustment as a Special Exception (Case OBOA-11) in July of 1977. The tract is abutted on the North and across 76th Street by a single - family neighborhood zoned RS -3, on the East by existing duplex dwellings that are a part of the retirement center, on the South by mostly vacant land zoned AG, and on the West by a large drainage ditch and large lot single - family dwellings zoned RE. In order to be assured that the total future duplex development would function properly, the applicant was required to submit preliminary drawings on the complete development. A Final Plat will be submitted on Lots 1-5, Block 1 only. The center has one lot left in their first area, and it is anticipated that they will build only 2 or 3 structures a year; therefore, completion of the total development shown on the Preliminary Plat drawings will take several years. This case was reviewed by the Technical Advisory Committee at their October 10, 1990 meeting. They recommended approval of the Preliminary Plat and noted that the following additional concerns should be addressed prior to the submission of the Final Plat for Lots 1 -5, Block 1: 1) There will be a need to dedicate a general utility easement from 76th Street to the subject lots for the purpose of providing utility access to said lots. 2) There will be a need to dedicate easements for all off - site public utilities and receive approval of the final construction plans for sanitary sewer, water, streets and stormwater drainage. 3) That the final approval of the preliminary construction plans be subject to the City Engineer's final review and approval (a letter from the City Engineer will be provided at the meeting). 4) The covenants will need to be amended to include not only those additions proposed by the applicants in their letter, but also references to Cable TV's use of easements and a minimum rear yard requirement of 20' should be added. Any references to areas within Phase I should be deleted. RECOMMENDATION After reviewing the Preliminary Plat and construction drawings and participating in the review by the TAC, I would recommend approval of the Preliminary Plat for the Oklahoma Baptist Retirement Center II At Owasso, subject to the above noted concerns and conditions. MEMORArADUM TO: Owasso Planning Commission FROM: Steve Compton Assistant City Manager for Community Development SUBJECT: Staff Case Report - Mingo Valley Shopping Center Final Plat (20- 21 -14) DATE: October 12, 1990 Mc7TII(ci "m The applicant is requesting a Final Plat review for a tract of land located Northeast and Northwest of the intersection of 86th Street North and 117th East Avenue. The subject tract is approximately 8.67 acres in size and zoned Commercial Shopping (CS). It is abutted on the North by the new Wal -Mart store zoned CS, on the East by the Three Lakes Subdivision and the Price -Rite store zoned a combination of Residential Single - Family High Density (RS -3) and CS, on the South by 86th Street, and on the West by the Liberty Bank zoned CS and the Mingo Valley Expressway service road. The proposed plat consists of one block and two lots, both of which have access to public utilities. Since access to public utilities exists and improvements to those utilities are not contemplated at this time, construction plans are not necessary. The applicant expects to lot -split Lot 2, Block 1 in the future when specific uses and needs are identified. The Technical Advisory Committee (TAC) discussed the Preliminary Plat at their September 12, 1990 meeting and recommended approval subject to the following concerns: 1) The addition of a 17.5' general utility easement along the North property, except the extreme West portion of Lot 2 where it will follow along the North side of the entry road. 2) The addition of a 17.5' general utility easement along the West side of Lot 1 and Lot 2. This easement should flare to a 30' width where it crosses the entry road. 3) The addition of a 22' general utility easement 11' either side of the North property line of Lot 1 and extending across the 117th East Avenue entry road. 4) The addition of a 17.5' general utility easement along the Southeast property line of Lot 2. 5) The dedication of the right -of -way for the end of 117th East Avenue. b) The addition to the Deed of Dedication, Section 1.3.1 reference to all public and private utilities. 7) The addition to the Deed of Dedication reference to Wal- Mart's shared responsibility for the maintenance of the detention facility and the mutual access roadways. At their September 20, 1990 meeting the Owasso Planning Commission reviewed this case and approved it subject to the recommended changes identified by the TAC. However, since that meeting the applicant has met with representatives of the City, ONG, and PSO to determine some alternative solutions to the additional easements requested. Those alternative solutions are shown on the Final Plat. The Final Plat was reviewed by the Technical Advisory Committee at their October 10, 1990 meeting. All easement locations and widths have been agreed upon and are shown properly on the Final Plat map enclosed. The city has received the document from the applicant for the dedication of the right-of-way for 117th East Avenue and the amended language for the Deed of Dedication has been finalized. Based upon the above review, I recommend approval of the Final Plat for Mingo Valley Shopping Center, subject only to my review and approval of the completed Deed of Dedication. SUBDIVISION CHECKIST OWASSO PLANNING COMMISSION Approval Requested: Preliminary Meeting Dates Preliminary & Conditional Final T.A.C. 10-10-90 Conditional final P.C. 10-25-90 C.C. S.T.R. 20-21-14 Locatin 86th Street and 117th East Ave. Name of Plat Mingo Valley Shopping Center Subdivider/Developer Owasso Development Co. Zoning CS Engineer Sizemore-Sack-Sizemore Total Acreage in Tract 8.67324 Number of Lots 2 CONDITIONS RECOMMENDED Only those items checked apply to this particular subdivision plat Staff Initials Utility Eastments shall meet the approval of the utility companies. Coordination will be required, particularly if an underground facility is planned. Show additional easements as require. D 10-10-90 Oklahoma Natural Gas Company. D 10-10-90 Public Service Company. D 10-10-90 Southwestern Bell Telelphone Company. A 10-10-90 City of Owasso A Paving and Drainage Plans shall be approved by the City of Owasso. A Drainage System Study, including thee boundaries of the 100 year flood calculated on the basis of 100% or full upstream urbanization shall be approved by the city of owasso. (Floodplain boundary on preliminary plat only.) A Water and sewer plans shall be approved by the City of Owasso. C A corporation commission letter or certificate of non-development shall be submitted (or plugging records) for any oil and/or gas wells before final plat is released. A access Points (or access to the tract) shall be approved by the City of Owasso and shown on plat accordingly. A & C Restrictive Covenants and Deed of Dedication shall be submitted for review prior to release of final plat (Fity Attorney shall review). B Street Names shall be approved by the City of Owasso. A Adjacent Streets and/or widths thereof should be shown on final plat. A&C Complete Dimensions shall be shown on all lots, streets, buildings lines, easements, etc. A Complete Curve Data shall be shown on final plat where applicable. C Key of Location Man shall be complete. (Show additional info.) A Bearings. or true N and /or S, etc, shall be shown on perimeter o' land being included in the plat; or other bearings as directed. D Sewa?e Disposal, the method and plans therefor, shall be approved by the Tulsa City - County Health Department. C in application pending (OZ- ) shall be approved before final plat is released, or if alternate zoning is granted, a plat resubmitted conforming to the zoning classification recommended. A Topo Man shall be submitted for review prior to review of the final plat. B That house numbers be shown on a copy of the final plat prior to recording the plat. C All Subdivision Regulations shall be met (including provisions of Appendix A and Ordinance numbers 182 and 233, and all other Amendments) prior to release of final plat. (Unless specifically waived by the Planning Commission A Buildine Pad Elevations be placed on each lot on a copy of the final plat prior to recording the plat. Said copy shall be submitted to the City Planner. A Show location of all monuments. A Sidewalks shall be provided along both sides of all streets in all zoning categories except industrial as per Ordinance No. 182 Article III, Section Plat Filina Fee Paid to the Owasso City Clerk. D Other Conditions (Attached): Conditional Final Plat Release Departments. A - City Engineer B - City Building Inspector C - City Planner D - Other (Specified at end of condition) y"'iis subdivision checklist shall accompany all plats seeking Final Release. All conditions forth shall be met and the subject plat properly reviewed prior to final plat consideration and approval by the Owasso City Council. It is the responsibility of the subdivider /developer that all Owasso subdivision regulations are complied with and that the subject plat is properly processed and reviewed by Owasso City Staff. MEMORANDUM TO: Owasso Planning Commission FROM: Steve Compton Assistant City Manager for Community Development SUBJECT: Staff Case Report - Mingo Valley Shopping Center Easements Vacation (20- 21 -14) DATE: October 11, 1990 BACKGROUND During the process of developing the Wal -Mart tract, off -site requirements and actions were necessary. Some of these affected the tract of land now being platted as the Mingo Valley Shopping Center. The applicant is now requesting that consideration be given to "cleaning up" some of these past legal actions. Specifically, this case addresses a request to vacate two easements. The first is a general utility easement that exists on three sides of a small tract of land that was split from the North end of Lot 1, Block 1, Liberty Banking Center (see enclosed map). This committee recommended approval of that lot -split and is now in the process of reviewing easement needs for this tract as a part of the Mingo Valley Shopping Center plat. The second easement is a drainage easement that was required by the city for the detention facility needed to handle the stormwater drainage from the Wal -Mart tract and the proposed Mingo Valley Shopping Center tract (see enclosure). At that time the easement was necessary because the detention facility was off -site and on unplatted land. With the approval of the Mingo Valley Shopping Center plat this easement will be redundant. The Technical Advisory Committee reviewed these cases at their October 10, 1990 TAC meeting and recommended approval of vacating the easements. RECOMMENDATION Based upon the above review, I recommend the closure of both easements. DATIE FILED OCT. 13, 1982 PLAT NO. 4266 90255 COUNTY CI.ERK LIBERTY BANKING CENTER A AKAT Or THE SI. /, SW I. SCCT,O„ 20. T214, AIAE, CITY Or OMASSO. TULSA CO. OKLAHOMA OWNER LIBERTY BANK of OWASSO PO.BOX 350 OWASSO, OK 74055 PHONE 918 / 272 - 9551 ENGINEER WILLIAM E. LEWIS.PE. 6420 S. 221St E. AVE. BROKEN ARROW,OK. 74012 PHONE• 918 /258 -3039 E 86th STREET N THE PLAT BOOK - TULSA COUNTY - COPYRIGHT 1982 ROY MALERNEE. CITY MAP SERVICE TULSA. OKLAHOMA FEDERAL LAW PROHIBITS REPRODUCTION FOR ANY PURPOSE WITHOUT PERMISSION OF COPYRIGHT OWNER 851496 book 5219 page 4 KNOW ALL MEN BY THESE PRESENTS: That the undersigned Partner of Owasso Development Company (hereinafter called Second Party, whether individuals or corporation), the owner of the legal and equitable title to the following described real estate situated in the City of Owasso, Tulsa County, State of Oklahoma, for and in consideration of the sum of One Dollar ($1.00) cash in hand paid by the City of Owasso. Oklahoma (hereinafter called City, as First Party) , and other good and valuable considerations, receipt of which are hereby acknowledged, does hereby grant and convey unto the said City, an easement, through, over, under and across the following described property, situated in said County, to-wit; STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 89 NOV - 9 AM 11:26 JOAN HASTINGS TULSA COUNTY CLERK The sole purpose of this easement is to grant to the City, its officers, agents, employees, and /or all persons under contract with it, the right to enter upon said premises and tract of land for the purpose of constructing, maintaining, operating, removing and replacing storm water drainage facilities in accordance with standards adopted by the City of Owasso and in accordance with plans and specifications approved by the City of Owasso. No fence, wall, planting, building or other obstruction may be placed or maintained in said drainageway hereby dedicated and there shall be no alteration of the grades or contours in said dedicated area without the approval of the City Engineer of the City of Owasso. No obstructions may be placed in said drainageway which would prevent ingress and egress to same by maintenance vehicles or which would prevent said vehicles traveling on said drainageway for maintenance purposes. TO HAVE AND TO HOLD Such easement and right -of -way unto the City of Owasso, its successors or assigns, forever. J c DATED this 11th day of October, A.D., 1987. ATTEST: By Billiam K, Knoth, Jr., Partner STATE OF MISSOURI COUNTY OF JACKSON William K. Knoth, Jr., Partner Notary Public LEGAL DESCRIPTION A TRACT OF LAND THAT IS PART OF THE S/2 OF THE SW /4 OF SECTION -20, T -21 -N, R -14 -E, CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS, TO -WIT; STARTING AT THE NORTHEAST CORNER OF BLOCK -1 OF "LIBERTY BANKING CENTER ", AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA; THENCE S 29'- 39'-35" E ALONG THE EASTERLY LINE OF SAID BLOCK -1 FOR 35.00' TO THE "POINT OF BEGINNING" OF SAID TRACT OF LAND; THENCE N 60'- 20' -25" E FOR 109.93'; THENCE N 00'- 04' -09" W FOR 60.77'; THENCE N 89'- 55'-51" E FOR 195.00'; THENCE S 00'- 04' -09" E FOR 156.041; THENCE S 31'- 50' -43" E FOR 97.80'; THENCE S 00'- 01' -55" E FOR 68.001; THENCE S 89'-58' -05" W FOR 233.04'; THENCE N 294-39'-35" W FOR 220.77' TO THE "POINT OF BEGINNING" OF SAID TRACT OF GROUND, CONTAINING 1.74 ACHES, MEMORANDUM TO: Owasso Planning Commission FROM: Steve Compton Assistant City Manager for Community Development SUBJECT: Staff Case Report - Hardee's Site Plan Review (20- 21 -14) DATE: October 12, 1990 BACKGROUND The subject tract is located at the Northwest corner of 86th Street North and 117th East Avenue. It is vacant, slightly less than one acre in size, and zoned Commercial Shopping (CS). It is abutted on the North by a stormwater detention facility zoned CS, on the East by the Price -Rite store zoned CS, on the South and across 86th Street by the Three Lakes Shopping Center zoned CS, and on the West by the Liberty Bank zoned CS. The applicant is requesting a Site Plan review for the construction of a Hardee's Restaurant. This tract would be Lot 1, Block 1 of the Mingo Valley Shopping Center and should be reviewed in conjunction with the needs that have been identified for that plat. Drainage, access, and internal circulation appear to be primary factors to carefully evaluate. This case was reviewed by the Technical Advisory Committee at their October 10, 1990 TAC meeting. At that meeting there were several concerns and questions discussed and the committee's approval was subject to the following conditions: 1) That the 117th East Ave entry road alignment be redesigned to allow for a greater transition distance between the width of the dedicated street and the shopping center's private entry drive. This should be designed using curb- and - gutter. 2) That the access driveways off the entry road be reduced in width to 30' for the South drive and 22' for the North drive. These should be designed using curb- and - gutter. 3) That the access driveways along the West side of the tract be reduced in width to 28'. These and the parking lot island should be designed using curb - and - gutter. 4) That stop signs be provided for the two drives as you exit the tract to the West. 5) That the 816 Prime Sign be moved approximately 16' North to assure that it is located outside any easements. This will result in the loss of one parking space. 6) That the Light Package #10 located along the West property line be moved to an alternative location outside of the easement. It may be possible to field locate this light close to the shown location during construction. 7) That a final drainage plan be approved by the City Engineer prior to the issuance of a building permit. 8) That a landscape plan be approved by the City Planner and installed prior to occupancy. 9) That 3 sets of building plans be submitted to the Tulsa City /County Health Department for their review and approval. 10) That the Final Plat for the Mingo Valley Shopping Center be approved and properly filed of record in the office of the County Clerk. RECOMMENDATION Given the above review, I recommend approval of the Hardee's Site Plan subject to said conditions being met. MEMORANDUM TO: Owasso Planning Commission FROM: Steve Compton Assistant City Manager for Community Development SUBJECT: Staff Case Report - Sign Ordinance Update DATE: October 11, 1990 BACKGROUND After being with the city for few a months and working with the existing sign ordinance, it became apparent that several people, including some members of the Council and Planning Commission, City Manager, City Attorney, former City Planner, and I had serious concerns about both the legality and the cumbersome way in which the ordinance functions as it is presently written. Because of this, I started an informal review and update process consisting of: 1) Review of Existing Local Sign Ordinances, 2) Development of Staff Proposal, 3) City Attorney's Evaluation and Draft Ordinance Preparation, 4) Planning Commission Review, 5) Planning Commission Public Hearing, and 6) Presentation to City Council for Action. Community Development staff reviewed sign ordinances that other local communities are presently functioning under and requested that the local planners review and comment on the Owasso ordinance. Staff for the Tulsa Metropolitan Area Planning Commission (TMAPC) participated in this review and comment process. This is significant because the TMAPC is completing a lengthy update of their sign regulations that was initiated in 1984 with a review of the outdoor advertising regulations. Since that time, reviews and updates of all parts of their sign regulations have been completed and have included detailed research at both the local and national level. The review and comment process confirmed most of the local concerns, however, it is important to note that as a whole this group believed that the requirements of the ordinance were principally sound. The legalities and efficiency of how it functioned were the primary concern. Based upon these findings and my experiences with working on some of the TMAPC's sign regulations, I split the update process into two phases. One would address corrections to the legalities and functional efficiency of the ordinance, the other would address the content of some of the provisions. The first would be the most important and the second would require the most input and public hearings, therefore the most time. Staff then prepared a proposal addressing phase I concerns and submitted that to the city attorney for his review and comments. Staff and the city attorney had several meetings and discussions on the proposal, resulting in a draft ordinance being prepared by the city attorney for review by the Planning Commission. Staff presented the draft ordinance to the Planning Commission at their July 19, 1990 meeting and a work secession for reviewing it was completed at their August 16, 1990 meeting. At the August 16th meeting staff was instructed to make some minor changes to the draft and set it for public hearing. RECOMMENDATION In summary, the primary purpose for these proposed changes is to take the City Council out of the sign review and variance business and place those responsibilities with the Planning Commission or Board of Adjustment. In my opinion sign design, location, and variance questions are planning and zoning questions and belong under the review of the Planning Commission and /or Board of Adjustment. Because of this, I recommend approval of the amendments to the Owasso Sign Ordinance. ORDINANCE NUMBER CITY OF OWASSO, OKLAHOMA AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF OWASSO, OKLAHOMA, IN PARTI- CULAR PART 12-- PLANNING, ZONING AND DEVELOP- MENT, CHAPTER 2-- ZONING REGULATIONS, SECTION 202 - -SIGN REGULATIONS ADOPTED, AS SAME INCOR- PORATES LANGUAGE OF ORDINANCE NUMBER 309 AS AMENDED BY 352, AMENDING SAME BY SUBSTITUTING THE BOARD OF ADJUSTMENT IN PLACE OF THE CITY COUNCIL IN SECTION 4-- DESIGN REQUIREMENTS, SUBSECTION J-- PROJECTION DEEMED NUISANCES; BY SUBSTITUTING THE PLANNING COMMISSION IN LIEU OF THE CITY COUNCIL IN SECTION 5-- CONSTRUCTION REQUIREMENTS, SUBSECTION A - -AREA MARKER; BY SUBSTITUTING THE BOARD OF ADJUSTMENT IN LIEU OF THE CITY COUNCIL UNDER SECTION 5-- CONSTRUC- TION REQUIREMENTS, SUBSECTION H(2) RELATING TO TEMPORARY SIGNS, BY SUBSTITUTING THE PLANNING COMMISSION IN THE PLACE OF THE GOVERNING BODY OF THE CITY OF OWASSO, OKLAHOMA, IN SECTION 6- - DISTRICT SIGN REGULATIONS, SUBSECTION A(1) BY SUBSTITUTING THE PLANNING COMMISSION FOR THE CITY COUNCIL IN SECTION 6-- DISTRICT SIGN REGU- LATIONS, SUBSECTION R; BY REPEALING SECTIONS 7 and 9 RELATING TO NONCONFORMING SIGNS AND APPEAL AND VARIANCE, DIRECTING CODIFICATION, DECLARING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One: Part 12-- Planning, Zoning and Development, Chap- ter 2-- Zoning, Section 12- 202 - -Sign Regulations Adopted, incorpora- ting by reference Ordinance 309, as amended by Ordinance 352 relating to sign regulations be, and same hereby is amended in the following respects, to -wit: Section IV. DFGT ,N REQUIREMENTS. prol ...inn Deemed Nuisances. All canopies, ropes, networks, banners, holiday decorations, posts, radio aerials, placed in or projecting over or across any street, avenue, alley or sidewalk, shall be' deemed nuisances unless constructed and maintained under the conditions of this article. Provided, that permission may be granted by the Board of Adjustment to maintain a banner or holiday decoration across a street for a limited period of time upon the following terms and conditions: Section V. UP 1. Approval Required. Design, material, location, size, height and placement of area markers shall require the approval of the Gity Genneil Planning Commission as a part of either the plat review for single- family development or the site plan for other types of development. Construction shall be carried out in a manner approved by the Building Inspector as to its support and safety. H Temporary Signs. 2. Projecting from Wall over Public Property. No temporary sign, except one approved by the 6 4sty- Geitnet} Board of Adjustment, shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance greater than four (4) inches from the wall upon which it is erected, and shall not be placed or project over any wall opening. Hereafter no work of art shall be applied to, erected or placed upon the exterior walls of any building within the City of Owasso without first being submitted to and approved by the G#ty Planning Commission. The request to allow a work of art shall be accompanied by plans and specifications which describe the proposed work of art, also location, appearance, color, texture, general design, use of material, orientation to other buildings and the relationship of such factors to features of buildings in the immediate surroundings_ The G #ty- Bonne #1 Planning Commission may, when it deems proper, also require a complete model of work of art to be submitted. In determining the merits of the work of art, consideration should be given to insure that the work of art maintains the high character of community development and would not be detrimental to the stability of value and the welfare of surrounding property, structures, and residents, and to the general welfare and happiness of the community. Section VI. DISTRICT SIGN RE -U .ATIONC. A. SECTION 320 ACCESSORY USES IN THE AGRICULTURAL DISTRICTS 320.2 Accessory Use Conditions 1. Area Marker for identification of a subdivision or development are subject to approval of the governing Owasso Planning Commission. D. SECTION 1021 USE UNIT 21 BUSINESS SIGNS AND OUTDOOR ADVERTISING 1021.8 Advertising signs allowed by special permit: Advertising signs as defined in Section II(j) of this article, (billboards or poster boards) may not be constructed or erected in the City of Owasso, Oklahoma without the Planning Commission of the City Of Owasso, Oklahoma first granting a special permit for such sign. 4. All advertising signs for which a special permit is granted by thePlanning Commission of the City of Owasso, Oklahoma, shall comply with the following standards: d. The ground area immediately around and upon which such advertising signs are located shall be landscaped in accordance with a sketch plan to be approved by the 1 Planning Commission of the City of Owasso, Oklahoma, and such land- scaping shall be maintained and replaced as necessary to comply with such sketch plan. That from and after the effective date hereof, Sections VII and IX of the sign regulations as adopted pursuant to Ordinance 309, as amended by Ordinance 352, as codified under Part 12-- Planning, Zoning and Development, Chapter 2 - -Sign Regulations, be and same hereby are repealed. Three: That Sections 1 through 5, and 8 as set forth by Ordinance Number 309 as amended by Ordinance Number 352 as well as the foregoing shall be codified as Appendix F to the Owasso Zoning Code. Section 6 of Ordinance Number 309 as amended by Ordinance Number 352 as well as amended above shall be codifed in the pertinent sections of the Owasso Zoning Code as indicated. : This ordinance shall, upon passage, take effect thirty (30) days from the date of first publication as provided by state law. Dated this day of , 1990. ATTEST: Jane Buchanan, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney CITY OF OWASSO, OKLAHOMA By. Mark Thompson, Mayor