HomeMy WebLinkAbout2007.09.10_Planning Commission MinutesOWASSO PLANNING COMMISSION
MINUTES OF REGULAR MEETING
Monday, September 10, 2007
Owasso Old Central
109 North Birch, Owasso, Oklahoma
MEMBERS PRESENT
David Vines
Charles Brown
Dan Draper
Marilyn Hinkle
MEMBERS ABSENT
Duane Coppick
STAFF PRESENT
Chip McCulley
Marsha Hensley
Eric Wiles
Rickey Hayes
Joe Nurre
Julie Lombardi
The agenda for the regular meeting was posted at the north entrance to City Hall on September 4,
2007 at 11:00 AM.
1. CALL TO ORDER - Marilyn Hinkle called the meeting to order at 6:00 PM and
declared a quorum present.
2. ROLL CALL
3. CONSIDER APPROVAL OF THE MINUTES OF AUGUST 13, 2007 REGULAR
MEETING - The Commission reviewed the minutes of August 13, 2007 regular meeting.
David Vines moved to approve the minutes and Charles Brown seconded the motion. A
vote on the motion was recorded as follows:
David Vines - Yes
Marilyn Hinkle - Yes
Charles Brown - Yes
Dan Draper - Recuse
The motion was approved 3 -0.
4. Annexation OA -07 -05 - A request to review and approve the annexation and rezoning of
approximately 76.37 acres, located south of East 86' Street North, approximately l /4nile
west of N. Memorial.
Marilyn Hinkle presented the item and the staff report was reviewed: The surrounding
land use and the annexation process were explained. The applicant is requesting the
annexation of 76.37 acres. The lots are planned for residential use. This application is
in conjunction with a rezoning request of RS -3 (Residential Single - Family). This item
was heard by the Owasso Planning Commission in August. There were citizens present
at the August meeting requesting the commission reconsider the proposed zoning and
lot sizes. The item was tabled due to lack of representation of the owner. Staff
published legal notice in the Owasso Reporter and letters of notification were mailed to
property owners within a 300' radius. The Annexation Committee reviewed the
request and unanimously recommended approval. Ron Staggs made a brief presentation
to the Commissioners. He explained that they are planning on approximately 280 lots
OWASSO PLANNING COMMISSION
September 10, 2007
Page No. 2
with a RS -3 zoning. He also stated that a number of the lots will be an equivalent size
of RS -2 sized lots. Mr. John Palovik handed out an opposition summary (attached).
The following are comments /concerns made by citizens against the rezoning portion of
the request:
Sue Piggott - 8500 East 116 Street North - Wants north Tulsa County rural
areas to be protected. This development would spread the police, fire and
ambulance services too thin. This development would overload downstream
drainage.
Steve Montee - 6705 East 80 Street North - Our country environment is in
danger. Development in rural areas increases risk of burglary, trespassing, and
vandalism. The Crossing subdivision was denied zoning in March 2004, and
then almost denied RE zoning at a later date. Don't make denser than RE
(Residential Estates) zoning. Drainage problems would worsen.
John Palovik - 7302 East 86 Street North - RE zoning is more appropriate.
This type of zoning would be spot zoning. The surrounding residents are
strongly opposed; the area is not contiguous to any dense development.
Scott Winn - 7900 North Sheridan - Opposes annexation request. The
requested density is out of line for the area.
Brian Watson - 7528 East 86 Street North - He had traffic concerns. The
residents in this subdivision might trespass and harm existing property. He
moved here for a county lifestyle.
Mr. Tom Morris, the developer, discussed the detention ponds and stated that sewer
and water will be available at this location soon. He also explained that PSO is
building a substation on north Memorial to provide services to the subject property.
Mr. Joe Nurre with Public Works explained that if this subdivision is annexed trash and
sewer will be serviced by the City of Owasso. Water will be serviced by Rural Water
District. The Commissioners determined that a split zoning could be considered.
David Vines moved to approve the annexation and rezoning as requested. There was no
second to the motion.
Dan Draper moved to approve the annexation, and approval of a rezoning of AG to RS -2
zoning, subject to the City Council working with the developer in order to make
recommendations to the Board of Adjustment, so adjustments can be made to the
necessary lots. Marilyn Hinkle seconded the motion. A vote on the motion was recorded
as follows:
David Vines - No
Marilyn Hinkle - Yes
Charles Brown - Yes
OWASSO PLANNING COMMISSION
September 10, 2007
Page No. 3
Dan Draper - Yes
The motion was approved 3 -1.
5. Rezoning OZ 07 -06 - A request to review and approve the rezoning of Lot One (1),
Block One (1), Sherrill Estates from RS -3 (Residential) to OM (Office Medium),
located at 102 West 11 "' Street North.
Marilyn Hinkle presented the item and Chip reviewed the staff report. The
development process was described. The applicant is requesting to rezone I lot located
south of Sokolosky Medical Clinic at 102 West 11`h Street, from RS -3 (Residential) to
OM (Office Medium). This zoning change is in compliance with the proposed update
to the Owasso 2025 Land Use Master Plan. Letters were mailed to surrounding
property owners and the legal advertisement was published. Staff recommends
approval. A letter expressing objection was received from Neighborhood Newspapers
(attached). Discussion was held regarding the required parking spaces. Several
surrounding property owners were present to express their concerns.
Sheryl Armstrong - 110 West 11`h - Had concerns with parking. Also concerns
with the possible increase in property taxes and the decline in property value.
Dallas Kelsey - 1008 North Ash - He had questions regarding the difference in
OL zoning and OM zoning. Had parking concerns, he feels that street is already
congested since it is a dead -end street.
Troy Willstead - With the house being 890 sq.ft. the parking should not be a
problem.
David Vines moved to approve an OL (Office Light) zoning, subject to the placement of a
6' screening fence where the property meets residential property. The motion was
seconded by Charles Brown. A vote on the motion was recorded as follows:
David Vines - Yes
Marilyn Hinkle - Yes
Charles Brown - Yes
Dan Draper - Yes
The motion was approved 4 -0.
6. Report on Monthly Building Permit Activity.
7. Report on Technical Advisory Committee Items. - Charles Brown discussed the items
reviewed at the August 22, 2007 meeting.
8. Report on Planning Items Previously Forwarded to City Council.
9. Adjournment - Marilyn Hinkle moved, Charles Brown seconded, to adjourn the
OWASSO PLANNING COMMISSION
September 10, 2007
Page No. 4
meeting.
A vote on the motion was recorded as follows:
David Vines - Yes
Charles Brown - Yes
Marilyn Hinkle - Yes
Dan Draper - Yes
The motio
Date
at 7:40 PM.
Photo of proposed area
Annexation OA 07 -05
86th Steet North East of Memorial
September 2007
G
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Opposition Summary
Annexation OA 07 -05
September 10, 2007
Sue Piggott — 8500 E. 116th St. North.- Rural Development Issues
-Large scale residential development is not compatible with the physical facts of what exists on
the land in this area
- Comprehensive Plan AG Goal #2 is "to protect agricultural areas from premature, unplanned
urbanization until a full range of public facilities, services, and utilities are available." This
rezoning would strain the public service resources
-It is more difficult to support police, fire, ambulance, or code enforcement services
-Rural development overloads downstream drainage capabilities
-RE zoning allows development at a more appropriate density for this area
Steve Montee - 6705 E. 80th St. North- Neighborhood Lifestyle
- Residents moved here for a rural setting and to avoid the more urban development areas
- General Goal #5 in the Comprehensive Plan states "It is intended that the aesthetic and natural
environment of North Tulsa County be protected and enhanced." Dense development
contradicts that goal
- Development in rural areas increases risk of burglary, trespassing, and vandalism
-CZ 337 denied residential zoning 8 -0 at 76th and Sheridan
-CZ 347 barely allowed RE zoning 4 -3 on the adjoining Crossings property
-59 home owners (97% of those contacted) signed a petition opposing RE rezoning of the
Crossing
John Palovik - 7302 E. 86th St. North- Planninq & Codes
-RE zoning is more appropriate per the "orderly transition," "wasteful scattering," and "economy"
concepts outlined in Code Section 300A, 30013, 300C and 400.2
-This would be spot zoning contrary to the Plan Intensity Goal #2
-The planning objective of "aggregating compatible areas" supports RE zoning
- Owasso Master Plan states annexed properties should be "contiguous to the city limits"
- Owasso Subdivision regulations call for property to "harmoniously relate ... to the existing
community"
Owasso annexation of an adjoining property was declined in 2004 for good reason and directly
contradicts the appropriateness of this proposal.
-To summarize, the residents are strongly opposed, the area is not contiguous to any dense
development, and RE zoning is the maximum density supported by the Code, the Plan, and
established planning objectives
Presentation Exhibits
Summary of Presentations - above
Exhibit A - Aerial photo of surrounding properties
Exhibit B - Petition signatures regarding the Crossings rezoning
Exhibit C - North Tulsa County Comprehensive Plan
Exhibit D - Minutes from Annexation OA -04 -05
REZONING OPPOS
Southeast Corner of 8
ON PETITION (CASE CZ -347
Street North and Sheridan
I AM A LAND OWNER IN THE SAME SECTION AND OPPOSE THE REZONING OF
160 ACRES FROM AGRICULTURAL TO RESIDENTIAL ESTATE AS IT WOULD NOT
BE COMPATIBLE WITH SURROUNDING RESIDENCES.
SIGNATURE
PRINTED NAME
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REZONING OPPOSITION PETITION (CASE CZ -347)
Southeast Corner of 86th Street North and Sheridan
I AM A LAND OWNER IN THE SAME SECTION AND OPPOSE THE REZONING OF
160 ACRES FROM AGRICULTURAL TO RESIDENTIAL ESTATE AS IT WOULD NOT
BE COMPATIBLE WITH SURROUNDING RESIDENCES.
SIGNATURE PRINTED NAME ADDRESS
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REZONING OPPOSITION PETITION (CASE CZ -347)
Southeast Corner of 86 th Street North and Sheridan
I AM A LAND OWNER IN THE SAME SECTION AND OPPOSE THE REZONING OF
160 ACRES FROM AGRICULTURAL TO RESIDENTIAL ESTATE AS IT WOULD NOT
BE COMPATIBLE WITH SURROUNDING RESIDENCES.
SIGNATURE PRINTED NAME ADDRESS
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REZONING OPPOSITION PETITION (CASE CZ -347)
Southeast Corner of 86th Street North and Sheridan
I AM A LAND OWNER IN THE SAME SECTION AND OPPOSE THE REZONING OF
160 ACRES FROM AGRICULTURAL TO RESIDENTIAL ESTATE AS IT WOULD NOT
BE COMPATIBLE WITH SURROUNDING RESIDENCES.
SIGNATURE PRINTED NAME ADDRESS
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REZONING OPPOSITION PETITION (CASE CZ -347)
Southeast Corner of 86"' Street North and Sheridan
I AM A LAND OWNER IN THE SAME SECTION AND OPPOSE THE REZONING OF
160 ACRES FROM AGRICULTURAL TO RESIDENTIAL ESTATE AS IT WOULD NOT
BE COMPATIBLE WITH SURROUNDING RESIDENCES.
SIGNATURE PRINTED NAME ADDRESS
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Exhibit B
REZONING OPPOSITION PETITION (CASE CZ -347)
Southeast Corner of 86 l Street North and Sheridan
I AM A LAND OWNER IN THE SAME SECTION AND OPPOSE THE REZONING OF
160 ACRES FROM AGRICULTURAL TO RESIDENTIAL ESTATE AS IT WOULD NOT
BE COMPATIBLE WITH SURROUNDING RESIDENCES.
SIGNATURE PRINTED NAME ADDRESS
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Exhibit C
Copies of Items in the North Tulsa County Comprehensive Plan
General Goals Section:
5. It is intended that the aesthetic and natural environment of North
Tulsa County be protected and enhanced.
Intensity Goals Section:
2. It is intended to allow compatible land uses to be located with each other
and to establish and maintain a continuity of similar land 'uses.
Intensity Objectives Section:
4. Rural residential intensity uses will be preserved in portions of the Plan-
ning Area where fewer public services are available and physical conditions
restrict urban development.
Development Sensitive Area Sections:
3. Intensity within development sensitive areas� will .generally be one half of
the base intensity, unless the developer utilizes the PUD supaplemental
zoning district provisions. The use of a •Planned Unit Deveioament
zoning classification is recommended for develo -oment in these areas.
A-icultural uses are appropriate in these areas,
Agricultural Area Goals Section:
2. It is intended to protect agricultural areas from premature, unplanne.dt
urbanization until a full range of public facilities, services and utn.-
lities are available.
Residential Area Policies Section:
10. No residential develooment shall be butt at an urban scale (that is, great-
er than the rural residential density o =f 1.5 units per acres) until urban
scale public utilities are available and said development can be added to
public water and sewer systems.
OWASSO ANNEXATION COMMITTEE
Chief Dan Yancey
Ken Fisher
Rickey Hayes
Dan Salts, Fire Marshall
Joe Nurre, Public Works
The meeting agenda was posted in Owasso City Hall, 111 N. Main St. at 12:00 pm on
June 22, 2004.
1. CALL TO ORDER — Duane Cuthbertson called the meeting to order at 5:07 pm.
2. APPROVAL OF MINUTES FROM THE MAY, 26, 2004 MEETING -- Rickey
Hayes moved, seconded by Steve Cataudella, to accept the minutes as presented.
The motion carried 7 — 0.
ANNEXATION REVIEW
3. ANNEXATION REQUEST OA 04 -05 — A request for the review and approval
to annex 160 acres of property located in the southeast corner of N. Sheridan Rd.
and E. 86t` St. N. The property in question is the NW /4 of Section 26, T -21 -N, R-
13-E.
Duane Cuthbertson presented the annexation request and solicited discussion
from the committee. Joe Nurre began the discussion by stating that the nearest
sewer is more than a mile away from the subject property and although the
developer would be responsible for extending the sewer from the nearest stub to
the site Mr. Nurre expressed concern with extending utilities that far in one shot
and questioned the extensions efficiency. It was pointed out that a majority of the
remainder of the section is divided into smaller (10 acres or less) rural residential+
lots and there seems little prospect for future urban development in the section
therefore making the extension of utilities and service seem even more inefficient.
He also added that trash service to the area would be quite inefficient as well due
to the distance from existing service routes.
MINUTES OF SPECIAL MEETING
Wednesday, June 30, 2004 5:00 pm
Owasso City Hall Main Conference Room
111 N. Main Street, Owasso, Oklahoma
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
Craig Thoendel
Ron Cates Duane Cuthbertson
Steve Cataudella
Dale Prevett Rodney Ray
Tim Rooney
Duane Coppick
Eric Wiles
Bill Roach
Chief Dan Yancey
Ken Fisher
Rickey Hayes
Dan Salts, Fire Marshall
Joe Nurre, Public Works
The meeting agenda was posted in Owasso City Hall, 111 N. Main St. at 12:00 pm on
June 22, 2004.
1. CALL TO ORDER — Duane Cuthbertson called the meeting to order at 5:07 pm.
2. APPROVAL OF MINUTES FROM THE MAY, 26, 2004 MEETING -- Rickey
Hayes moved, seconded by Steve Cataudella, to accept the minutes as presented.
The motion carried 7 — 0.
ANNEXATION REVIEW
3. ANNEXATION REQUEST OA 04 -05 — A request for the review and approval
to annex 160 acres of property located in the southeast corner of N. Sheridan Rd.
and E. 86t` St. N. The property in question is the NW /4 of Section 26, T -21 -N, R-
13-E.
Duane Cuthbertson presented the annexation request and solicited discussion
from the committee. Joe Nurre began the discussion by stating that the nearest
sewer is more than a mile away from the subject property and although the
developer would be responsible for extending the sewer from the nearest stub to
the site Mr. Nurre expressed concern with extending utilities that far in one shot
and questioned the extensions efficiency. It was pointed out that a majority of the
remainder of the section is divided into smaller (10 acres or less) rural residential+
lots and there seems little prospect for future urban development in the section
therefore making the extension of utilities and service seem even more inefficient.
He also added that trash service to the area would be quite inefficient as well due
to the distance from existing service routes.
Exhibit D
Eric Wiles agreed with the above comments and added that as far as he can recall
this request represents the furthest extension, at any given time, of corporate
boundaries in the history of Owasso. He added that this particular request
(skipping over undeveloped land) represents what most consider bad urban
planning policy. He explained that the stated intention of the developer to develop
the property into a moderately dense residential subdivision in line with the city's
RS -3 (Residential Single Family) zoning district is incompatible with the existing
character of surrounding development and he went further to explain that these
intentions are inconsistent with the Owasso 2010 Land Use Master Plan as the
subject property is characterized as having rural to low density land uses.
Chief Dan Yancey submitted that any intensity of development in that area would
be impractical for the police force to sufficiently patrol due to its distance from
established patrol areas. He also stated that annexing property so far from
contiguous city limits will leave a large gap of non jurisdictional property
between the two city limits thereby exposing his patrolmen to unnecessary risk
and liability.
Staff asked if there were any reasons to annex the property. Rickey Hayes
responded by stating that if the property develops it may serve the City of Owasso
better to be able to ensure that the property develop to our standards. Mr. Wiles
replied that the City of Owasso has traditionally had influence on decisions
rendered by Tulsa Country regarding development around the City of Owasso and
that we will be given an opportunity to contribute to any possible future
discussions regarding the development of this tract of land in or outside of the city
limits.
Rickey Hayes made a motion to recommend denial of OA 04 -05, Steve
Cataudella seconded the motion to recommend denial. The motion was
unanimously carried 7 — 0.
4. ADJOURNMENT — Mr. Rooney moved, seconded by Mr. Hayes for
adjournment. The motioned carried 7 — 0. The meeting adjourned at 5:35 pm.
9 -10 -20107
Eric Wiles
Commu i Development Director
City of Ow SSO
P. O. Box 80
owasso O ahoma 74055
Re: Application: OZ- 07 -06, Troy L. Wilstead.
Mr. Wilds,
On Au gist 30, 2007, we did a publication from your office o
Application: OZ- 07 -06.
Mr. Wilstead office questioned us about this publication, I told Christie
of Mr V rlo� 1s ead office that the fee needed to be paid before t eir
hearing 9 -10 -2007.
I called yo 4 and you said yes that you had told Mr. Wilstead that it had
to be p blip hed and that you would call Mr. Wilstead yourself.
Well as of :25 p.m. Today this publication fee has not been aid.
Neighbor Newspapers is objecting _ jecting to the change of zoning
classifi ati n on Application: OZ- 07 -06.
Reason be ng Non Payment of Publication Fees,
Thank
Nancy ore
Neighbor Newspapers
Legal D p rtment
918-259-7557
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