Loading...
HomeMy WebLinkAbout2023.05.09_Worksession AgendaThis meeting is a work session for Council/Trustee discussion only. There is no opportunity for public comments at work session. PUBLIC NOTICE OF THE JOINT MEETING OF THE OWASSO CITY COUNCIL OWASSO PUBLIC WORKS AUTHORITY (OPWA) OWASSO PUBLIC GOLF AUTHORITY (OPGA) Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, May 9, 2023 - 6:00 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amending, approving, authorizing, AGENDA RECEIVED 1. Call to Order - Mayor /Chair Kelly Lewis MAY 05 2023 2. Presentation and discussion of the Proposed FY 2023-2024 Annual Operating Budget City Clerk's Office Warren Lehr /Carly Novozinsky 3. Presentation and discussion of the Foundations of Municipal Planning Brian Dempster /Alexa Beemer /Wendy Kramer 4. Discussion relating to a request for a final plat - Garnett Business Plaza, approximately 1.185 acres located west of North Garnett Road and north of East 103rd Street North Wendy Kramer 5. Discussion relating to City /Authority Manager items Warren Lehr A. Annual appointments to the various citizen boards and committees B. Conflict with the first City Council Meeting in July - Independence Day C. Proposed amendment to the Capital Improvement Fund (CIP) project eligibility list D. Monthly sales tax report and revenue outlook E. City Manager report 6. City Councilor /Trustee comments and inquiries 7. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 9, 2022, and the Agenda posted at City Hall, 200 South Main Street, at 1:00 pm on Friday, May 5, 2023. M. Stevens, The City of Owasso encourages citizen participation. To request (Un accommodation due to a disability, contact the City Clerk at least 48 hours prior to the scheduled meeting by phone 918 - 376 -1502 or by email to istevens @citvofowasso.com OWASSO LAND DEVELOPMENT PROCESS Generally, there are four stages to the land development process: Annexation • Rezoning and Planned Unit Developments (PUD's) • Platting • Site Plan Review At each of these stages, certain items are relevant and appropriate for consideration and review, and some items are not appropriate for consideration. It is important to keep in mind what issues may be lawfully considered at each stage of development. The following comments are intended to provide guidance regarding appropriate items of consideration for each phase of the development process. ANNEXATION: The first step in the development process is annexation of the property into the corporate limits. WHO: Applications for annexations are initially heard and considered by the Planning Commission. The Planning Commission votes to recommend approval or denial of the applicant's request for annexation, and the matter is then forwarded to the City Council for final action. If the annexation is approved, an ordinance is filed with Tulsa or Rogers County and becomes a permanent record of that property. TO BE CONSIDERED: The sole consideration when reviewing a proposed annexation is whether or not the City has the current ability, or will within the next 10 years, to serve the property with municipal services (infrastructure, utilities, and emergency services). NOT TO BE CONSIDERED: It is not appropriate to consider the proposed use for the site; or ancillary considerations such as traffic, density, or drainage during the annexation phase. REZONING: WHO: Requests for rezoning are initially heard by the Planning Commission with final action by the City Council. If the zoning is approved, an ordinance is filed with Tulsa or Rogers County and becomes a permanent record of that property. TO BE CONSIDERED: The sole consideration is the appropriateness of the property for a particular zoning classification as permitted by the land use master plan. The primary question is whether or not the proposed zoning district conforms to the prescribed uses identified on the comprehensive land use master plan. NOT TO BE CONSIDERED: It is not appropriate to consider the anticipated or specific use proposed for the property. ADDITIONAL RESOURCES: According to the Oklahoma Planning Commissioners Guide, published by the Oklahoma Chapter of the American Planning Association, the following is the legal basis for Zoning: "There are Constitutional limits to zoning authority. Failure to observe these limits can lead to the invalidation of the ordinance and monetary damages to those harmed. There are several specific provisions critical for land use regulation. Zoning power is limited by the Constitution to protect the individual property owner from the tyranny of the majority. In an attempt to protect against the negative effects of uses of property, it is easy to use zoning too aggressively in establishing such strict separation of uses that creative development of the community is discouraged. Used too strictly, zoning will cause the community to become bland and tedious. However, if used too loosely, a community will trend towards chaotic and disorganized. Always keep in mind that the underlying purpose of zoning is to follow the community's land use or comprehensive plan." (Planning Commissioner's Guide) • Due Process - The review and approval process requires utilization of legitimate objectives, appropriate means, and fair procedures. • Equal protection - Similarly situated persons and situations must be treated in a like manner. Distinctions may be made and discretion used in individual situations, but such decisions must have a rational basis and not discriminate on the basis of race, ethnicity, gender, disability, religious preference or advanced age. • Takings - Land use approvals do not have to allow the most profitable use, but must leave some practical use /reasonable value. • Others - Freedom of speech, religion, assembly, association, movement, privacy can all come into play in certain circumstances. PLANNED UNIT DEVELOPMENT (PUD) Generally speaking, PUD's are a commonly used land development tool that allows a use of property not typically permitted under standard zoning criteria. The most significant advantage offered by a PUD is that conditions such as aesthetics, amenities, density, etc. can be negotiated beyond those required in standard zoning laws. Each request to apply such a zone must be accompanied by a conceptual site plan, a development outline, and typical architecture elevations of the structures. City staff, the Planning Commission, or the City Council may recommend additional conditions on any PUD request. The advantage of PUD zoning is that it allows an applicant to specifically address concerns that may arise in the consideration of a case and to tailor the allowed uses, development standards, and any design considerations to the particular property in question. The underlying zoning should reflect the use proposed under the PUD for the property. In most cases the request for rezoning accompanies a PUD and is combined into one agenda action item. WHO: Applications for PUD's are considered by the Planning Commission with final action by the City Council. If the PUD is approved, an ordinance is filed with Tulsa or Rogers County and becomes a permanent record of that property. TO BE CONSIDERED: The focus of inquiry for review of a PUD is slightly different from that of rezoning. Here, the analysis focuses upon: • Whether or not the specific project within the PUD is right for that particular location, and, • If not, can the PUD be modified or have conditions added that make it a good use of the property? • Would the proposed use be detrimental to public health, safety or welfare? Appropriate items for consideration of a PUD are broader than those in standard rezoning, and include traffic, impact to surrounding properties, anticipated future development, aesthetics, density, etc. NOT TO BE CONSIDERED: Issues that are violative of the Fair Housing Act or are discriminatory in nature. PLATTING: WHO: Final Plats are first considered by the Planning Commission then proceed to the City Council for action. Preliminary plats precede the Final Plat and are considered only by the Planning Commission. TO BE CONSIDERED: At the Platting stage of development, the central concern is whether or not the proposed arrangement of lots complies with both the Zoning Code and Subdivision Regulations. Plat review involves determining that the technical requirements have been met, i.e. are property access points appropriate; have adequate easement and right -of -way dedications been made? Issues such as lot size and density are appropriately considered at this phase of the development process. However, if a zoning exists on a property, a plat should let the lots be built to the legally allowed minimums. NOT TO BE CONSIDERED: It is not lawful or appropriate at this stage to consider the desirability of the product, nor traffic concerns (except for Residential Plats), nor stormwater drainage. It is important to note that stormwater drainage standards for all development have been adopted by the Council. SITE PLAN (Commercial and Multi - family Only): WHO: Site Plans are evaluated and approved at the staff level. Site Plans are not voted upon by either the Planning Commission or the City Council. TO BE CONSIDERED: Site Plan review includes consideration of numerous items, including internal traffic flow, public safety, parking, landscaping, outside lighting, drainage, signage, and bulk standards. The staff review of the site plans is based on the zoning code, building codes, development standards, and subdivision regulations, all of which have been approved by the Planning Commission and City Council. The development standards of the City of Owasso always dictate action on site plans, and staff determines if submitted site plans are in compliance with the City's adopted regulations. NOT TO BE CONSIDERED: Items that are discriminatory in nature CITY OF OWASSO Foundations of Municipal Planning May 2023 Adapted from the APA -OK Annual Conference Legal Foundations There are Constitutional limits to zoning and planning authority. The Oklahoma Legislature enacted legislation in 1923 which established the scope, procedures, and limitations for planning for cities, towns, and counties: This grant of authority is set forth in: Oklahoma Statutes Title 11 - Cities & Towns Oklahoma Statutes Title 19 - Counties This grant of authority is based on the protection of the public's: HEALTH SAFETY GENERAL WELFARE A municipal governing body may regulate and restrict: • The height, number of stories, and size of buildings and other structures, • The percentage of lot that may be occupied, • The size of yards, courts and other open spaces, • The density of population, and • The location and use of buildings, structures and land for trade, industry, residence or other purposes. • Comprehensive Plan • Planned Unit Developments (43 -110, 43 -111)1 • Specific Use Permits (Section 43 -113), • Rezoning (Section 43 -104 & 106), • Subdivision Plats (Section 43 -101 to 115) • Redevelopment Plans (for TIF districts) (Section 40 -104) • Variances (Section 44 -107) • Special Exemptions (Section 44 -106) Municipal regulations as to buildings, structures and land shall be made in accordance with a comprehensive plan and be designed to accomplish any of the following objectives: 1. To lessen congestion in the streets; 2. To secure safety from fire, panic and other dangers; 3. To promote health and the general welfare, including the peace and quality of life of the district; 4. To provide adequate light and air; 5. To prevent the overcrowding of land; 6. To promote historical preservation; 7. To avoid undue concentration of population; or 8. To facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the municipality. The governing body shall provide the manner in which regulations, restrictions and district boundaries shall be determined, established and enforced, and amended, supplemented or changed. IMPLEMENTATION TOOLS aster Plan hensive Plan)- this document outlines policies the City can engage with in order to meet long -term development goals • Zoning - this regulates the use and development type on a piece of land. The zoning on the property must match the desired use. • Subdivision Regulations - this guides development of raw land by laying out standards for splitting of the land, dedication of public utility easements, and the designation of streets and right -of -way. • Engineerina Design Criteria - used to establish a standard of guidelines to aid in the design of water system, sanitary sewer system, streets, and stormwater system infrastructure within Owasso. The Land Use Master Plan 2035 LAND USE MASTER PLAN APL To Guim THE FuTuRE GRoWPH OF OWASSO, OK OMA E IOWA EIIGnA Land Use Master Plan (GrOwasso 2035) • Policy document that lays out the vision for future land use and development VS. Zoning Code • Legislative document that provides the legal means to implement the vision from the Comp Plan 1. Solid Framework for action 2. Legality of all development actions 3. Community Input 4. Community Vision and Goals 5. Community Strategies 6. Community Results 1. Community History & Background 2. Plan Development (community engagement results, data collection, etc.) 3. Core Issues & Trends (SWOT analysis, data analysis) 4. Goals & Action Plan Strategies • Land Use, Quality of Life, Infrastructure, Downtown Area, Public Safety, Sense of Community, Economic Development 5. Future Development Plan (including the map) 6. Appendices (full survey results, permit data, supplemental data) 13 Zoning &Subdivision Regulations • Due process - requires legitimate objectives, appropriate means, and fair procedures • Equal protection - distinctions are permissible, but you must treat similarly situated persons and situations similarly • Takings - land use approvals do not have to allow the most profitable use, but you must leave some practical use /reasonable value • Others - freedom of speech, religion, assembly, association, movement, privacy can all come into play in certain circumstances, and cannot be unduly restricted by zoning ordinances ZONING ORDINANCE CONTENTS • Districts: • Agriculture • Residential • Office • Commercial • Industrial • Public Facilities • Supplemental Districts: o PUDs • Downtown Overlay • US -169 Overlay Owasso Zoning Code CITY OF OWASSO, OKLAHOMA ADOPTED BY ORDINANCE NO 1131 AMENDED WITH ORDINANCE NO 1152 ZONING ORDINANCE CONTENT • Bulk /Area Requirements • Setbacks • Building heights • Lot sizes /areas • Density (if applicable) • Uses • By Right • Specific Use Permits Table 4.2= Principal Uses Permitted in the RE and RS Districts Use Allowed Right Allowed wish SUP Child Day Care Center —By X Community Center 100 feet X Group Home Lot Area (Minimum) X Library 9.000 X Manufoctured Home square feet X Park X Arterial Front Yard Setback Place of Worship X School jPublic and Private Minimum X Single-Farnll,y Dwelling X 35 feet Telecommunication Tower Only Allowed in RE X Tiny Home Development with PUD X Minimum Table 4.Z'- Bulk and Area Reavirements for RE and RS Districts RE RS -1 RS -2 RS -3 Lot Width Minimum 150 feet 100 feet 75 feet 65 feet Lot Area (Minimum) 24,000 13.500 9.000 7.000 square feet square feet square feet square feet Arterial Front Yard Setback Minimum 35 feet 35 feet 35 feet 35 feet Non - Arterial Front Yard Setback Minimum 35 feet 30 feet 25 feet 25 feet Arterial Comer Yard Setback Minimum 20 feet 20 feet 20 feet 20 feet Non - Arterial Comer Yard Setback Minimum . 15 feet 15 feet 15 feet 15 feet Rear Yard Setback 25feet 25 feet 25 feet 20 feet Side Yard Setbacks Minimum 15/15 feet 5/5 feet 5/5 feet 5/5 feet ADDITIONAL CONTENT • Parking - Minimum /Maximum • Landscaping /Screening /Fencing • Sign Regulations • Design Requirements • Temporary Use Permits • Outdoor Lighting • Access Gating /Gated Communities • Legal Nonconforming Uses PURPOSE OF SUBDIVISION REGULATIONS • Implement the Land Use Plan and Zoning Regulations • Ensure subdivisions are properly designed • Establish minimum standards for subdivision design • Public responsible for long term maintenance of public improvements • Establish land records SUBDIVISION PROCESS 1. Conceptual layout reviewed with Staff at pre - application meeting 2. Lot Split • Technical Advisory Committee Review (includes all utility providers and relevant City Departments) • Planning Commission review /action- can outright approve OR 1. Conceptual layout reviewed with Staff at pre - application meeting 2. Preliminary Plat • Technical Advisory Committee Review (includes all utility providers and relevant City Departments) • Planning Commission review /action- can outright approve 3. Final Plat • Technical Advisory Committee Review • Planning Commission review /action- only recommends approval or denial • City Council review /action • Once approved, all applicable payback fees must be paid prior to recording the plat with the County Fees Planning Commission Foundations In order to avail itself of the powers conferred by this article, the municipal governing body shall appoint a commission to be known as the zoning commission to recommend the boundaries of the various original districts and to recommend appropriate regulations to be enforced therein. The commission shall make a preliminary report and hold public hearings thereon before submitting its final report. The governing body shall not hold its public hearings or take action until it has received the final report of the commission. Where a municipal planning commission already exists, it shall be appointed as the zoning commission. 1. Prepare and maintain a general plan or land use plan. 2. Prepare such specific plans as may be necessary or desirable as a function of policy. 3. Prepare and maintain community plans. 4. Investigate and make recommendations as to reliable and practical means to implement the general plan. 5. Promote public interest in and understanding of the general plan and regulations relating to it. 6. Hold public hearings for proposed zoning ordinances; make recommendations to the City Council. 7. Hold public hearings for proposed amendments to the zoning code and /or the Zoning Map; make recommendations to the City Council. 8. Decide any questions involving interpretation or application of any provision of the zoning ordinance. 9. Act as the advisory agent on all matters related to subdivisions and make investigations and reports on the design and improvement of proposed subdivisions. 10. Other such functions as deemed necessary to guide future growth of the city. • Placement - The City cannot tell a business that they cannot locate in a specific area, unless said area is not zoned appropriately. • Type of Business - Aside from the Zoning Code, the City cannot tell a certain type of business they cannot build. • Develop Private Property - All of the open space in the City is NOT owned by the City. As such, the City does not have control over when it develops /what develops there. The City cannot tell a property owner what to build on their property, aside from what is within the Zoning Code. • Prevent Private Development - The City cannot deny someone the use of their property, so long as the developer follows the City's development standards. That means that if a property is zoned "Commercial," and the developer goes through the necessary steps, the City cannot prevent them from building just because it will decrease the amount of open space. Pre - Application Meeting with Planning Staff Annexation of Property into Owasso City Limits Rezoning of Property to Fit Proposed Land Use Planned Unit Development (Depending on the Project) 11 Preliminary Plot Final Plat May Be Processed Concurrently Site Plan I May Be Processed Concurrently May Be Processed Concurrently Pre - Application Meeting with Planning Staff Submittal of Application Packet with Radius Report and Applicable Fees I Public Hearings Scheduled Staff Review Notification Posted in Newspaper Notification Mailed to Property Owner. within 300' Properly Posted with a Sign Technical Advisory committee Meeting Owasso Planning commission Hearing Approval Ordinance Prepared • Pre - application meeting with staff • Application submittal to staff • Public Notice (if case involves an annexation or zoning action) • Property owners • Newspaper • Sign on property • Preliminary review of case by staff • Secondary review of case by staff and PC Representative • Review of case by Technical Advisory Committee JAC) • Resubmittal, if applicable, by applicant • Preparation of memo (and ordinance, if applicable) by staff • Public Hearing (both PC and then City Council) • Planning Staff • Engineering /Public Works Staff • City Attorney • Fire Marshal • Police Dept. Staff • Building Inspection Staff • Planning Commission Rep • Natural Gas Utility Company • Electric Utility Company • Phone /Internet Utility Company • Rural Water District Rep(s) • County Rep(s) • Owasso Public Schools Rep NOPE! Case law: "a municipality must have both a zoning commission and board of adjustment to exercise its zoning authority. It may not do so in their absence." - Town of Wellston v. Wallace, 152 P.3d 284 (2006). The planning commission (recommending body) should function like a technical consultant to the legislative body, recommending effective ways to accomplish the general community goals adopted by the city council or county commission. It is the City Council (legislative body) that makes the final decisions with whatever political consideration it deems appropriate. Each role is vital to a smoothly functioning community, but they are separate. Board of Adjustment Foundations Title 1 1 § 44 -101 o Where a municipality is exercising zoning powers, as conferred by Sections 1 1- 43 -101 through 1 1 -43 -109 of this title, the governing body of the municipality shall provide by ordinance for the appointment of a Board of Adjustment "The Board is an administrative board with quasi- judicial power to determine if the facts submitted by the petitioner warrant a variance. [T] he board [of adjustments] is empowered to make an adjustment and grant a variance from a city zoning ordinance where its literal enforcement would create unnecessary hardship or prevent a constitutionally permissible use TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Final Plat - Garnett Business Plaza DATE: May 5, 2023 BACKGROUND: The Community Development Department received an application for the review and approval of a Final plat for Garnett Business Plaza. The subject property is approximately 1.185 acres in size and is located north of the northwest corner of East 103rd Street North and North Garnett Road. The subject property is zoned Commercial General (CG) under Owasso Planned Unit Developments (OPUD 06 -04 and OPUD 01 -02). SUBJECT PROPERTY /PROJECT DATA: Property Size 1.185 acres +/- Land Use Master Plan Commercial Current Zoning Commercial General CG Proposed Use Office Proposed Lots /Blocks 1 Lot, 1 Block Within a PUD? Yes; OPUD 06 -04 and OPUD 01 -02 Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks /Fees Storm Siren Fee ($50.00 per acre) Ranch Creek Sewer Service Assessment Area ($610.33 per acre Streets Private ANALYSIS: The Preriminary Plat for Garnett Business Plaza will be reviewed by the Owasso Planning Commission at their regular meeting on May 8, 2023. This proposed final plat depicts one (1) lot on one (1) block, to accommodate an office. o The proposed lots, as depicted on the plat, meet the bulk and area requirements stipulated in the OPUD 01 -02 and OPUD 06 -04 documents as well as those found with the Owasso Zoning Code for CG -zoned property. Access for the plat will be provided for by two mutual access easements to private roads, as shown on the plat. One mutual access road, shown on the western boundary of the plat, has already been constructed. It currently services both the subject tract and the adjacent memory care facility. Another mutual access road is shown on the eastern side of the plat and will be eventually constructed to connect the property to the existing lots to the south. This will help minimize curb cuts along North Garnett Road. Final Plat- Garnett Business Plaza Page 2 a In addition, there is intention for a third private mutual access road to be constructed by the property owner to the north; this lot will have access to said access road, as well. • Detention is provided by an offsite detention pond to the north that is currently under review. • The plat provides all the necessary perimeter utility easements to service the proposed development. • The City of Owasso will provide police, fire, ambulance, water and sanitary sewer services to the property. • Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction North Commercial General (CG) Vacant Commercial City of Owasso South Commercial General (CG) Vacant Commercial City of Owasso East Residential Single - Family (RS -3) Residential Residential City of Owasso West Commercial General (CG) Assisted Living & Memory Care Facility Commercial City of Owasso PLANNING COMMISSION: The Owasso Planning Commission will consider this item at their regular meeting on May 8, 2023. ATTACHMENTS: Aerial Map Final Plat- Garnett Business Plaza Preliminary Plat- Garnett Business Plaza Subject Tract n FINAL SUBDIVISION PLAT GARNETT BUSINESS PLAZA