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HomeMy WebLinkAbout1989.06.15_Planning Commission AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO PLANNING COMMISSION TYPE OF MEETING: Regular Scheduled MeetinE DATE: June 15, 1989 TIME: 7:00 p.m. PLACE: Owasso City Hall, 207 S. Cedar Owasso Oklahoma NOTICE POSTED BY: Richard Hall TITLE: Owasso City Planner FILED POSTED IN THE OWASSO CITY HALL AT 11:30 A. M. ON June 8 , 1989. Richard Hall, City Planner OWASSO PLANNING COMMISSION REGULAR SCHEDULED MEETING Thursday, June 15, 1989, 7:00 p.m. Owasso City Hall, 207 S. Cedar 1. Call to Order 2. Roll Call 3. Consider approval of the Minutes of May 18, 1989 REQUEST FOR WAIVER OF PLATTING REQUIREMENT 4. Recommendation on a request by Bill Waller for a waiver of the platting requirement (Section 260 of the Zoning Cade) on a portion of Lot 1 of Block 1 of the Owasso Commercial Center located at the Northeast corner of 76th Street North and the Mingo Valley Expressway SUBDIVISION REGULATIONS REVIEW 5. Review of Chapter Three of the proposed Owasso Subdivision Regulations. 6. Discussion of development in and near Owasso 7. Adjourn OWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Thursday, May 18, 1989, 7:00 PM Owasso City Hall 207 S Cedar, Owasso, Oklahoma MEMBERS PRESENT Ray Haynes Pat Imbriano Gary Wells Charles Willey STAFF PRESENT Richard Hall Marcia Boutwell Steve Condray R J Ray The agenda for the meeting was posted in the Owasso City Hall, 207 S Cedar, on May 15, 1989 1. CALL TO ORDER - Chairman Ray Haynes called the meeting to order at 7:01 p.m_ 2. ROLL CALL - Chairman Haynes declared a quorum present. 3. MINUTES OF MARCH 16 AND APRIL 20, 1989 - The Commission reviewed the minutes of March 16, 1989. Charles Willey moved, seconded by Pat Imbriano, to approve those minutes as written. 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. The Commission reviewed the minutes of April 20, 1989. Ray Haynes moved and Charles Willey seconded to approve those minutes as written. 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. James Smith Jefferson Smith. Joanne McNelis (2114) - Requests to annex into the corporate limits a 23.94 acre tract located East J of the Southeast corner of 96th Street North and 129th East Avenue. Owasso Planning Commission Minutes of May 18, 1989 Page 2 5. Owasso Venture. an Oklahoma Joint Venture (2114) - A request to annex into the corporate limits a 155.77 acre tract located South of the Southeast corner of 96th Street North and 129th East Avenue. 6. Owasso Properties, Ltd. . an Oklahoma Limited ar n ship (2114) - A request to annex into the corporate limits a 68.23 acre tract located West of the Southwest corner of 96th Street North and 145th East Avenue. Chairman Haynes introduced the matters and asked if there were any objections to hearing all three cases together. Hearing no objections from members of the Commission, staff or citizens present, the three cases were heard as one. Questions were raised concerning the future development and annexation of a tract surrounded on three sides by the tracts being considered for annexation. Richard Hall, two of the developers & the realtor answered questions for the Commission. Pat Imbriano moved, Charles Willey seconded, to recommend to the City Council that the three properties be annexed as requested. 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. 7. Henry Harker - (3014 ) - A request to build a building over a sanitary sewer easement on a property zoned CH (Commercial High Intensity District) described as Lots One (1) and Two (2) of Blocks Twenty (20) of the Original Township of Owasso, Tulsa County, Oklahoma, also known as 8 South Atlanta, (The Southwest Corner of Broadway Avenue and Atlanta Street), Owasso. Chairman Haynes introduced the matter. Richard Hall presented Mr Harker's request and Mr Harker was present to answer questions and explain his plans for constructing a building over the sewer easement. The Commission expressed concern about setting a bad precedent for future building without a definition of what is acceptable and what is not acceptable over a sewer line. Owasso Planning Commission Minutes of May 18, 1989 Page 3 Pat Imbriano moved that Mr Harker "s proposal be presented to the City Council for clarification and definition without a recommendation from the Planning Commission. Motion seconded by Charles Willey. A vote on the motion was recorded as follows: Ray Haynes - No Pat Imbriano - Yes Gary Wells - No Charles Willey - Yes The motion was defeated 2-2. Gary Wells moved that the Planning Commission deny the proposal to build the structure of the sewer line and easement; seconded by Ray Haynes. 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. The proposal will be presented to the City Council on June 6, 1989 with the recommendation from the Planning Commission to deny the request. 8. Discussion of the calling of a Public Hearing to amend Zoning Code SECTION 1140 DESIGN STANDARDS FOR OFF - STREET PARKING AREAS. Chairman Haynes introduced the matter. Steve Condray, Building Inspector, and Richard Hall spoke to the issue and gave background information on the case. He said that many commercial parking spaces in the City of Owasso do not meet the Zoning Code width requirement of 10 feet. Pat Imbriano moved that the Zoning Code not be amended and that the parking spaces remain at 10 feet x 20 feet; and that a letter or memo be sent to non - conforming businesses stating that they must conform to the Zoning Code when they restripe their parking spaces. Motion seconded by Charles Willey. A vote on the motion was recorded as follows: Owasso Planning Commission Minutes of May 18, 1989 Page 4 Ray Haynes - Yes Pat Imbriano - Yes Gary Wells - Yes Charles Willey - Yes The motion carried 4 -0. Exit Pat Imbriano at 9:20 D-m. 10. Discussion of the population of Owasso as of April 1, 1989. Richard Hall discussed the population estimates with the Commission. No action was taken. 9_ Review of Chapter 2 of the proposed Owasso Subdivision Regulations. The Commission discussed the second chapter of the proposed Owasso Subdivision Regulations. The Planning Commission made the following amendments: In Section 2.1.1 strike "before any contract is made for the sale of any part of the land and" (line 2) and "Planning Commission" (line 5), In Section 2.4.1 strike the word "full" (line 2), In Section 2.4.2.P add "That pad elevation shall be a minimum of one (1) foot above the one - hundred (100) year flood elevation as identified by FEMA or other authority, In Section 2.4.4 strike "for approval" in line 2, In Section 2.4.7.A strike "or other similar durable material" (line 6), In Section 2.4.8 strike "Planning Commission and by" from line 4 and "and no lots shall be sold from any plat until recorded" from lines 6 & 7, In Section 2.5 strike "the Planning Commission" from line 3. 11. Discussion of Construction Activity in Owasso Steve Condray summarized the current building activity_ Owasso Planning Commission Minutes of May 18, 1989 Page 5 12. ADJOURN - Charles Willey moved, Gary Wells seconded, to adjourn the meeting. A vote on the motion was recorded as follows_ Ray Haynes - Yes Gary Wells - Yes Charles Willey - Yes The meeting was adjourned at 10:03 p-m. Chairman Secretary Date MEMORANDUM TO: Owasso Planning Commission and Technical Advisory Committee FROM: Richard Hall, Director of Community Development SUBJECT: Request by Bill Waller for waiver of the Platting Requirement for a portion of Lot One of Block One of the Owasso Commercial Center addition to Owasso DATE: June 8, 1989 BACKGROUND: I have received an inquiry by Mr. Waller about the development of his property, a portion of Lot One of Block One of the Owasso Commercial Center. He evidently has a potential buyer of the property but Mr. Waller fears that the sale will fail if he has to take the time to plat the property. I informed him that Lot One had already received two lot splits and that, according to the Subdivision regulations, no more lot splits could be approved before the property is replatted. He asked if there was any other alternative to develop the property without a subdivision plat. I informed him that only the City Council could waive the plat requirement. He has therefore asked to have the platting requirement waived on the portion of Lot One that he proposes to sell. He has told me that he will plat, if necessary, a portion of the lot that he will retain. He informed me that he obtained the property from a business partner and that he did not know of the platting requirement or the lot split limitation. The Owasso Commercial Center plat was approved by the City Council in November of 1983. The original plat contained four lots, Lot One being the largest. Lot Two contains a seafood restaurant, Lot Three a convenience store, and lot four a dairy store. Lot split application OLS -56 was approved by the Planning Commission in October of 1985 to allow a children's nursery that fronts on 76th Street North. In July of 1987 the Owasso Planning Commission approved lot split OLS-67 to allow a second restaurant, the Golden Corral. In a related matter, I was contacted in April of 1988, by an attorney wanting to vacate a street easement that crossed lots One, Two and Three of the addition. The easement had been dedicated in 1927 but had never been closed and did not appear on the subdivision plat. The law suit to permanently close the easement has only recently been heard by district court as required by state law. ORDINANCE REQUIREMENTS: Section 2.7.3 Jurisdiction of the Owasso Subdivision Regulations allows that "A maximum of two (2) lot split approvals may be granted by the Planning Commission on any tract included as a part of a lot split. Thereafter, the tract (s) of land must receive subdivision platting or replatting approval for further subdivisions of the tract(s)." Since Lot One of the Owasso Commercial Center has already been split twice by OLS -56 and OLS- 67, no more lot splits may be heard for Lot One but a replat is mandated. Section 260 of the Zoning Code reads: For the purposes of providing a proper arrangement of streets and assuring the adequacy of open spaces for traffic, utilities, and access of emergency vehicles, commensurate with the intensification of land use customarily incident to a change of zoning, a platting requirement is established as follows: For any land which has been rezoned upon application of a private party, no building permit shall be issued until that portion of the tract on which the permit is sought has been included within a subdivision plat or replat, as the case may be, submitted to the Planning Commission for their review and recommendation, approved by the City Council, and filed in the office of the County Clerk where the property is situated. Provided that the City Council, pursuant to their exclusive jurisdiction over subdivision plats, may remove the platting requirement upon a determination that the above stated purposes have been achieved by previous platting or could not be achieved by a plat or replat. RECOMMENDATION: The Owasso Technical Advisory Committee will examine this request at its June 14, 1989 meeting. At that meeting the committee will determine if any additional streets or easement dedications are necessary for the property in question. CHAPTER 3. LOT SPLIT SUBDIVISIONS SECTION 3.1 INTENTIONS This chapter is intended to provide for a simplified method of regulation of the subdivision of small numbers of lots while still requiring that such subdivision meets all the requirements of applicable ordinances and regulations. SECTION 3.2 JURISDICTION 3.2.1 Acreaae: These Lot Split regulations shall apply to any division of land into two or more tracts, lots, sites or parcels, any part of which, when subdivided, shall contain less than ten (10) acres in area. These regulations shall also apply to any division of land previously subdivided or platted into tracts, lots, sites or parcels less than ten (10) acres in area. 3.2.2 No Lot Solit uoon Rezoning: No lot split shall be processed or approved for a tract of land which has not already completed the subdivision platting requirement subsequent to rezoning as required in Section 1.5 of these reaulations. A lot split may be approved by the Planning Commission dividing an undivided tract along zoning boundary lines, providing the tract(s) of land meet all other requirements of a lot split listed in Section 2.5 and complete subdivision platting reauirements for each resulting tract. 3.2.3 Number: A maximum of three (3) lot split approvals may be granted by the Planning Commission on any tract included as a part of a lot split. Thereafter, the tract(s) of land must receive subdivision platting or replatting approval for further subdivisions of the tract(s). SECTION 3.3 APPLICATION PROCEDURE The subdivider shall submit the lot split application to the City Planner on forms provided by the Planner, pay the application fee in an amount as provided by ordinance, and shall submit draw- ings of the proposal in accordance with the following requirements: 3.3.1 Copies: Three copies of a scaled drawing shall accompany the application. 3.3.2 Specifications: The drawings shall include all existing and proposed lot lines, all existing buildings and improvements and their distances from lot lines, adjacent streets and their widths, and a north arrow and scale. At the discretion of the City Planner, a detailed survey prepared by a registered land surveyor may be required. J 3.3.3 Size: The subdivider is encouraged to limit drawing sizes to 8 1 /2" by 14 ". 15 SECTION 3.4 CITY PLANNER REVIEW The City Planner, upon receiving the lot split application, shall: 3.4.1 Distribute: The City Planner shall distribute copies of the application form and drawings to the Technical Advisory Committee. 3.4.2 Field Check: The City Planner shall visually inspect the lots proposed to be split. 3.4.3 Review: The City Planner shall review the application for conformance with the Zoning Code, PUD conditions, Hoard of Adjustment actions, these Subdivision Regulations, and other city ordinances. 3.4.4 Schedule Hearings: The City Planner shall schedule the lot split to be heard before the T.A.C., the Planning Commission and the City Council. 3.4.5 Recommendation: The City Planner shall prepare a recommenda- tion to the Planning Commission and City Council which shall include comments of the T.A.C. members and City departments having an interest in the proposal. 3.4.6 Lot - Splits Reguirino City Planner Review Only: Where review by the City Planner reveals that a lot -split meets all approved guidelines herein set forth, and all proposed lots are adequately served by utilities either by easement or in public streets, the Mayor or his appointed agent shall approve the lot -split and the Planning Commission and City Council shall ratify the approval at their next regular scheduled meeting. SECTION 3.5 TECHNICAL ADVISORY COMMITTEE REVIEW The City Planner shall present the application at a regular Technical Advisory Committee meeting where the lot split may be reviewed by the total membership of that Committee, including all utility companies, the County Health Department, the Public Works Director and the City and County Engineers. The Recommendation of the Technical Advisory Committee shall be compiled with that of the City Planner's recommendation and the application shall be heard by the Planning Commission. SECTION 3.6 PLANNING COMMISSION REVIEW The Planning Commission shall review the proposed lot split and either approve or disapprove the application. If the lot split is disapproved, the applicant may appeal the decision of the Planning Commission to the City Council and thereafter, if necessary, to District Court. 16 SECTION 3.7 APPROVAL GUIDELINES The approval or disapproval of lot splits shall be based upon the following guidelines: 5.7.1 Lots: A. Lot dimensions shall conform to Zoning Code standards. If the proposed tract(s) to be split does not meet minimum Zoning Code standards, variances of the Zoning Code must be approved by the Board of Adjustment. B. If the property to be split is not served by public sanitary sewers and or public water, such lots to be split shall exceed the requirements set forth in 3.7.1 A. above with sufficient additional area to properly accommodate suitable private sewage disposal devices. Appropriate tests shall be made accordingly, with adequate determination to be made by the County Health Department and reported by it to City Planner. C. Corner lots should have such extra width and area as may be necessary to satisfy appropriate Zoning Code setback requirements from both streets while insuring that adequate buildable space remains. 3.7.2 Easements and Utilities: Where a lot split will result in a lot having inadequate access to utilities, dedication of easements shall be required in accordance with the recommend- ations of the Technical Advisory Committee. 3.7.3 Access and Streets: A. Where a property to be split is controlled by non - access provisions, no lot shall be approved where such provision will preclude access for said lot. An amendment of "limits of no access" on a recorded plat must be approved by the Planning Commission and City Council and filed of record if there is a restricted access provision on a street of the recorded plat on which the property has access. A denial of access change constitutes a denial of the requested lot split. B. The splitting of land shall provide each lot with frontage to a public street or highway, so that the access of the lot owner or user is assured, as well as the layout of utilities, garbage and waste removal, fire protection and public health and safety thereby adequately assured. C. Where land to be split contains within its boundaries areas designated for street right -of -way on the Owasso Major Street and Highway Plan, the split shall not be approved where street rights-of-way fail to conform to said plan except, upon a finding that: 17 I . All utilities are in place and additional right -of -way is not required for utility placement; 2. The public has, by virtue of statutory easement or suitable roadway dedication, right -of -way sufficient to allow the placement of pavement of a width necessary to meet the standards of the Owasso Major Street and Highway Plan for the particular street involved; 3. Development made possible by the split itself will not measurably increase the burden of traffic an an adjacent street to such an extent that it would adversely affect the health, safety, and welfare of the public, or upon a finding that: 4. Existing structures lie in the right -of -way proposed by the Owasso Major Street and Highway Plan. 3.7.4 Sewage Disoosal: A. Where a tract to be split abuts a public sanitary sewer, no split should create a lot which is cut off from said sewer unless the approval of the City Engineer is obtained. B. Where no sewers are reasonably accessible, each lot shall meet the minimum standards set forth by the County Health Department and the lot split shall be approved by that Health Department. 3.7.5 Certificate of Aooroval: Approval shall be shown by certifi- cate on the instrument of transfer as required by state statute. The certification shall be signed by the City Clerk. The subdivider may then file the instrument with the County Clerk, the approval being an official document that will be contained in the abstract of the property being split. 3.7.6 Permit to Construct: The developer shall submit the following information to the City Clerk before any improvements are begun: A. Permit to construct sanitary sewer facilities from the Oklahoma State Department of Health, B. Permit to construct Street and Drainage Facilities from the City Engineer, C. Permit to construct Water Supply Facilities from the Oklahoma State Department of Health and /or from the Rural Water District, whichever is applicable, D. Performance and Maintenance Bonds and Insurance require- ments. 18 The Permit to Construct Improvements will be issued to the applicant after approval by the Owasso Director of Public Works. 19