HomeMy WebLinkAbout2009.12.07_Planning Commission MinutesOWASSO PLANNING COMMISSION
MINUTES OF REGULAR MEETING
Monday, December 7, 2009
Owasso Old Central
109 North Birch, Owasso, Oklahoma
MEMBERS PRESENT
Marilyn Hinkle
David Vines
Dr. Mark Callery
MEMBERS ABSENT
Charles Brown
Dr. Paul Loving
STAFF PRESENT
Steve Albert
Larissa Darnaby
Brian Dempster
Marsha Hensley
Chelsea Harkins
Dan Salts
The agenda for the regular meeting was posted at the north entrance to City Hall on December 3,
2009 at 11:00 PM.
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 NOVEMBER 9, 2009 REGULAR
MEETING - The Commission reviewed the minutes of November 9, 2009 regular
meeting. David Vines moved to approve the minutes and Dr. Callery seconded the
motion. A vote on the motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
The motion was approved 3 -0.
4. Annexation 09 -05 - Consideration and appropriate action related to a request to annex
approximately 10 acres of land, located about a quarter of a mile south of East 116 "' Street
North and North Garnett Road.
Marilyn Hinkle presented the item and Larissa reviewed the staff report. The location
and the surrounding land use were described. Upon development of the property, it would
be subject to the emergency storm siren fee ($35.00 per acre). The property will be
served sewer by the City of Owasso and water by the Rural Water District #3 of
Washington County. Staff published legal notice of the annexation in the Owasso
Reporter and mailed notices to surrounding property owners. The Owasso Annexation
Committee met at their regularly scheduled meeting on November 18, 2009. The request
was unanimously approved by the Annexation Committee. The staff recommends
approval of the annexation request.
OWASSO PLANNING COMMISSION
December 7, 2009
Page No. 2
David Vines moved to approve the annexation. Dr. Callery seconded. A vote on the
motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
The motion carried 3 -0.
5. Annexation 09 -06 - Consideration and appropriate action related to a request to annex
approximately 5.3 acres, located on the southeast corner of East 106 °i Street North and
North 145" East Avenue.
Marilyn Hinkle presented the item and Larissa reviewed the staff report. The location
and the surrounding land use were described. The property is zoned Agricultural (AG)
in Rogers County and would remain this classification upon annexation. Upon
development of the property, it would be required to participate in the Elm Creek
Interceptor sanitary sewer payback ($1580.00 per acre), the TTC Interceptor sanitary
sewer payback ($1000.00 per acre), and the emergency storm siren fee ($35.00 per acre).
The property will be served sewer by the City of Owasso and water by the Rural Water
District #3 of Washington County. Staff published legal notice of the annexation in the
Owasso Reporter and mailed notice to surrounding property owners. The Owasso
Annexation Committee met at their regularly scheduled meeting on November 18, 2009.
The request was unanimously approved by the Annexation Committee. Staff recommends
approval of the request to annex the property. Mr. Joe Josserand (10925 No 160 E Ave)
had a question regarding the zoning classification.
Dr. Callery moved to approve the annexation request. David Vines seconded. A vote on
the motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
The motion carried 3 -0.
6. Annexation 09 -07 - Consideration and appropriate action related to a request to annex
approximately 60.759 acres of land, located on the northwest corner of East 106 °i Street
North and North 145`' East Avenue.
Marilyn Hinkle presented the item. Larissa reviewed the staff report. The location and
the surrounding land use were described. The property is currently undeveloped. Upon
the development of the property, it would be required to participate in the Elm Creek
Interceptor sanitary sewer payback ($1580.00 per acre), the TTC Interceptor sanitary
sewer payback ($1000.00 per acre), and the emergency storm siren fee ($35.00 per acre).
The property will be served sewer by the City of Owasso and water by the Rural Water
OWASSO PLANNING COMMISSION
December 7, 2009
Page No. 3
District #3 of Washington County. The Owasso Annexation Committee met at their
regularly scheduled meeting on November 18, 2009. The request was unanimously
approved by the Annexation Committee. Staff recommends approval of the request to
annex the property. Letters were mailed to surrounding property owners and the legal
notification was published in the Owasso Reporter. Mr. Joe Josserand (10925 No 160 E
Ave) asked if this property would be rezoned commercial or multi - family. He asked if
there was something showing what the future land use might be. Chairperson Hinkle
explained that the Owasso Master Plan was created a few years ago and is available on
the website or a hard copy at City Hall.
David Vines moved to approve the annexation request. Dr. Callery seconded. A vote on
the motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
The motion carried 3 -0.
7. Final Plat - CVS Commercial - A request and appropriate action related to review a
final plat proposing one (1) commercial lot, in one (1) block on approximately 1.62 acres
of land, located on the southeast corner of East 96 " Street North and North 129"' East
Avenue.
Marilyn Hinkle presented the item and Larissa reviewed the staff report. The location
was described and the development process was discussed. The property is zoned CS
(Commercial Shopping). The main access points into the CVS Owasso Addition will be
from North 129 "' East Avenue and East 96 "' Street North. The applicant has shown a total
of 80' to be designated on the final plat for ingress and egress. The 80' that is
designated for ingress and egress would consist of two points of access, which includes
the 40' entrance /exit, as proposed, on the west side of the property and an entrance /exit
on the north side of the property being 40' in width. Any development must adhere to
all subdivision, zoning and engineering requirements including but not limited to paved
streets and sidewalks. Staff recommends approval.
Dr. Callery moved to approve the final plat for CVS,
limits of no access continue to North 129 " East Avenue
vote on the motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
The motion carried 3 -0.
with the condition that the 40'
. Marilyn Hinkle seconded. A
OWASSO PLANNING COMMISSION
December 7, 2009
Page No. 4
8. OPUD -09 -01 - Consideration and appropriate action of a request to review a proposed
Planned Unit Development No. 09 -01 on approximately 15.475 acres of land, located on
the northwest corner of 145 "' East Avenue and State Highway 20.
Marilyn Hinkle presented the item and Larissa reviewed the staff report. The location
was described and the concept of a PUD was explained. The development concept behind
Encore at Elm Creek is for mixed Multi Family and Commercial General uses. The use
consists of two development areas. Development area " A" encompasses approximately
14.614 net acres of land. Development area " B" consists of commercial and retail
development that is currently unknown. Sidewalks will be required along public right -of-
way associated with the subject property. Perimeter sidewalks must be installed at the
time of overall development. On -site detention is required and will be further defined at
the platting stage. The City will require, through engineering review and inspections,
that the rate of storm water runoff after construction will be no greater than the greater of
storm water run off before construction. The property will be served sewer by the City
of Owasso, and water by Rural Water District No. 3 Washington County. The subject
tract is required to pay the Storm Siren fee of $35.00 per acre. The staff published legal
notice of the request in the Owasso Reporter and mailed notices to property owners within
a 300' radius of the subject property. Chairperson Hinkle was presented with a petition
with signatures of surrounding property owners in opposition of the zoning change. Staff
recommends approval. The following is a list of several property owners present to
express their concerns:
Mark Kirchman - 11825 No 145 E Ave - Opposes multi - family complex. Crime and
safety concerns. Concerns regarding additional traffic on already deteriorating North 145
East Avenue. Water run off concerns. Concerned with the deteriorating building
materials on the apartment buildings.
Marion Watkins - 12122 No 145 E Ave - Opposes apartments. Presented pictures of
water run off on his property. Traffic bad on North 145 East Ave. Entrance off Hwy 20
will be a death trap. We do not want the city' s problems.
Lisa Geissler - 11945 No 152 E Ave - Opposes apartments. Increase traffic concerns.
She moved to the country to be in the country. Property values will decline. Lighting off
the complex concerns, along with noise concerns. Renters bring pets and pets bring
diseases.
Judith Stevens - 14252 E 122 St No - Opposes apartments. Concerns with the water
flow. Crime rate will increase with apartments. Concerns with the traffic increasing.
Questioned who was going to take care of these residents when the crime rate rises.
Gene Casement - 11008 E 118 St No - Opposes apartments. Apartment complexes are
not full in Owasso, so why build more. Do the developers have enough money for this
project? Cannot see it being a financial success. Agrees with comments regarding crime
rising in the area if apartments go in that location. It will have a negative effect.
OWASSO PLANNING COMMISSION
December 7, 2009
Page No. 5
Jerry Biggs - 12002 No 150 E Ave - Same concerns as everyone else. Concerns with
water run off, crime increasing and traffic increasing. Opposes apartments. Recently
Highway 20 became a 5 -lane state highway, with 280 families added to this area and the
children trying to run across this busy highway to get to QuikTrip, something bad is
bound to happen. Seventy -five percent of the traffic is exceeding the speed limit on this
stretch. I beg you to vote no and relocate in another area.
Brian Casement - 6944 So Joplin, #116, Tulsa - Opposes apartments. Grew up north of
the subject property. This is a big mistake. Owasso is going to have another Tulsa 71"
Street if this goes through. Cannot believe the planning department would allow this to
be heard.
Joe Josserand - 10925 N 160 E Ave - Opposes apartments. Owns 10 acres of land
nearby. Water run off concerns. The schools cannot handle any more kids and after
school, the kids will go to the ponds nearby to fish. Would like to see a high -end housing
complex at this location. The intersection is very dangerous, maybe need a traffic light
there.
Lenore Breeden - 12025 No 145 E Ave - Opposes apartments. Agrees with all of the
above concerns. Concerned with children crossing the street to QuikTrip. Concerns with
Water District #3 not having enough pressure to accommodate apartments.
Clayton Hall - 14252 E 122 St No - Opposes apartments. Noise concerns and property
values decline. Concerns with the children.
Bruce Ball - 11406 No 150 E Ave - Opposes apartments. Questions regarding the corner
being commercial. Both commercial and multi - family zoning would enhance the traffic
problems. Crime concerns.
Margaret Biggs - 12002 No 150 E Ave - Opposes apartments. She had an accident on
Hwy 20 and nobody wanted to work it. Traffic concerns and the delayed response time
for emergencies.
Tillman Ellis - 15118 E 113 St No - Opposes apartments. Concerned with decline in
property values. They paid good money for their property. Kids from the apartments
will tear up everything. Traffic concerns. Wants to continue to live in the country.
Lisa Horst - 12022 No 150 E Ave - Opposes apartments. Crowded school concerns.
Adding more children to the already full schools, are we going to build more schools?
Gail Ballinger - Daughter of Mr. Casement (owner of property to the north) and Ms.
Ballinger is on the school board. Acreage in the Morrow property would be a better
location for the apartment complex. Eventually there will be a school built at that
location. Any more school buses going onto Hwy 20 is bad.
OWASSO PLANNING COMMISSION
December 7, 2009
Page No. 6
Dennis Figgins - 12355 No Marion, Tulsa - Opposes apartments. Traffic concerns and
the water flow is bad in this area. The area also needs infrastructure improvements.
Kevin Moyer - 11412 No 150 E Ave - Opposes apartments. He loves the land out there
and apartments would deface the area. It is about keeping quality in our area.
Mr. David Charney requested a brief presentation. He explained that he was born in
Owasso 50 years ago and cares deeply for the community. He respectively disagrees with
the comments made and feels that this is not an inappropriate request. Intelligent
planning is what went into the planned unit development for Bailey Ranch, which includes
high -end homes along side of multi - family housing. This quadrant of the city is perfect
for an apartment complex. He also stated that he has seen the opposite happen regarding
the storm water issues; the run off improved. Mr. Charney explained that this is an
appropriate land use and planning for this area but he understands that some people do not
agree.
Mr. Malek Elkhoury, with Khoury Engineering, requested a brief presentation. He stated
that he appreciates the citizens concerns. The following are concerns from citizens that
he would like to address:
• Increase in crime - That will be left up to the Owasso Police Department to handle.
• Access to Hwy 20 - ODOT will do a traffic study to determine any problems.
• Drainage - A large detention pond in the middle of the property is planned. Public
Works will receive and approve all drainage plans.
• Noise Levels - There are not going to be parties outside.
• Lighting - This development will abide by the requirements of The City of Owasso
outdoor lighting code.
• Sidewalks will be required along all public rights -of -way and perimeter sidewalks will
be installed at the time of development.
Mr. Kenneth Mayberry with Encore Enterprises asked to address the Commissioners.
Mr. Mayberry explained that his company conducted an extensive study on where
apartments were needed. They checked businesses in the area along with restaurants and
schools in Owasso. We want to have a high -end, luxury complex, close to Tulsa and
hopefully have Owasso citizens as tenants. It will be gated and well lit. If a traffic light
is necessary, we will have one installed. Mr. Mayberry also discussed drainage on the
site. The clubhouse amenities were described.
Marion Watkins became upset and accused the Commissioners of already having their
minds made up. City Attorney Julie Lombardi stepped forward to explain meeting
protocol.
Chairperson Hinkle suggested that if anyone attending tonight' s meeting would like to
attend the site plan meetings please put a mark by your name on the sign -in sheet.
OWASSO PLANNING COMMISSION
December 7, 2009
Page No. 7
After discussion, David Vines moved to approve OPUD- 09 -01. Dr. Callery seconded
A vote on the motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
The motion carried 3 -0.
9. DETACHMENT 09 -01 - Consideration and appropriate action of a request to detach
approximately 2.48 acres of right -of -way located along 193rd East Avenue between 76th
Street North and 72nd Street North to allow road improvements to be performed by
Rogers County.
Marilyn Hinkle presented the item and Larissa reviewed the staff report. The City of
Owasso will need to detach the above portion of road right -of -way until the improvements
have been made and then the City of Owasso would then reattach this portion of the right -
of -way back into the city limits. Staff recommends approval of the detachment.
David Vines moved to approve the detachment request. Marilyn Hinkle seconded. A
vote on the motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
The motion carried 3 -0.
10. Report on Monthly Building Permit Activity
11. Economic Development Report.
12. Report on Planning Items Previously Forwarded to City Council.
13. Adjournment - Marilyn Hinkle moved; Dr. Callery seconded to adjourn the meeting.
A vote on the motion was recorded as follows:
Marilyn Hinkle - Yes
David Vines - Yes
Dr. Mark Callery - Yes
OWASSO PLANNING COMMISSION
December 7, 2009
Page No. 8
The motion carried 3 -0 and the meeting was adjourned at 8:45 PM.
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Vice Chairperson
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