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HomeMy WebLinkAbout2011.01.10_Planning Commission MinutesOWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, January 10, 2011 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Charles Brown David Vines Dr. Paul Loving Dr. Mark Callery MEMBERS ABSENT Marilyn Hinkle STAFF PRESENT Karl Fritschen Dan Salts Daniel Dearing Marsha Hensley Julie Trout Lombardi The agenda for the regular meeting was posted at the north entrance to City Hall on January 6, 2011 at 1:00 PM. 1. CALL TO ORDER - Charles Brown called the meeting to order at 6:00 PM and declared a quorum present. 2. ROLL CALL 3. CONSIDER APPROVAL OF THE MINUTES OF DECEMBER 13, 2010 REGULAR MEETING - The Commission reviewed the minutes of December 13, 2010 regular meeting. Dr. Loving moved to approve the minutes as amended, seconded by David Vines. A vote on the motion was recorded as follows: Dr. Paul Loving - Yes David Vines - Yes Charles Brown -- Yes Dr. Mark Callery - Yes The motion was approved 4 -0. 4. OPUD 10 -01 (Rehearing of OPUD 04 -01 - The Reserve at Elm Creed - Consideration and appropriate action related to the request for rezoning from AG (Agriculture) district to OPUD 10 -01 (Planned Unit Development) with the underlying zoning designation of RS -3 (Residential Single Family) on property located at the northwest corner of the intersection of East 66`' Street North and North 129[1' East Avenue. The subject tract is approximately 19.75 acres. Charles Brown presented the item and Karl Fritschen reviewed the staff report. Karl explained that on May 10, 2004 the Owasso Planning Commission approved OPUD 04- 01 for a 19.75 acre residential development consisting of duplex and single family lots. On June 1, 2004, Ordinance #782 was approved by the City Council for OPUD 04 -01. The project consists of a total of 19.75 acres, 12 acres would be used for single - family detached residential development and 7.75 acres would be used for duplex residential development. The property is located at the northwest corner of the intersection of 66 "' Street North and 129"' East Avenue. The applicant has submitted engineering drawings OWASSO PLANNING COMMISSION January 10, 2011 Page No. 2 and a preliminary plat for review. Since it has been over 5 years since OPUD 04 -01 was approved and there has been no development activity or any permits issued, staff is bringing the proposal back to the Planning Commission for action, which will bring the project up to date. The subject property is vacant. The development process was described. The overall concept of the project remains the same as approved in 2004; however, the applicant intends to only develop the 51 single family lots on the 12 acre portion of the property. At the platting stage, the applicant will be required to dedicate adequate right -of -way along the west side of North 129`" East Avenue and along the north side of 66" Street North. Sidewalks will be required along all public right -of- ways. The City of Owasso will serve the sewer and water from Rogers County Rural Water District 2. Staff published legal notice in the Owasso Reporter and notices were mailed to property owners within a 300' radius of the property. Staff recommends approval of OPUD 10 -01. The applicant was not present. The Commissioners expressed concerns regarding the PUD requirements that have changed since the approval of OPUD 04 -01. Charles Brown had questions pert,.1i11i11,a to the process. When a planned unit development expires is it subject to the current standards or the standards existing in the year it was approved? The Commissioners agreed that if additional information was submitted, it will help them with their review and decision process. The PUD language needs to mention the materials that will be used on the structures, discuss the open spaces such as the park area, etc. Karl explained that the voting could be done several different ways. The Commissioners could vote to approve the PUD with 2004 standards and grant an extension. The item could be tabled until further information is submitted. Alternatively, this item could be denied and the applicant could go back through the PUD process under the current codes. Karl also explained that he would have to research the difference in the PUD standards between 2004 and 2011. City Attorney, Julie Trout Lombardi stated that if this PUD were approved, Mr. Sokolosky would be held to the standards of 2004, unless but the motion was stated " subject to standards in effect today ". The following property owners were present to express their concerns with the proposed development: Cindee Treat - 6905 North 129 East Avenue - Had questions regarding how the sewer was going to run. She was not notified when the PUD was submitted in 2004. Doug Pruitt - 6736 North 129 East Avenue - Does not want duplexes. The blasting for infrastructure will damage his home. Play by the rules of today and deny the request. Chit Davis - 6811 North 129 East Avenue - The dynamiting at Keys Landing caused his in ground pool to crack. It took six months to settle the claim. Does not want it to happen again. He has lived there 33 years. Josh Lemmons - 7006 North 129 East Avenue - If the 2004 PUD is expired it needs to be brought up to date. The blasting of rock will be a problem. There will also be problems with trash blowing from a new development. OWASSO PLANNING COMMISSION January 10, 2011 Page No. 3 David Vines stated that the Commissioners need to set a standard on how we will handle an expired PUD in the future. There are several stalled projects in the city limits of Owasso. He also stated that he feels comfortable tabling the item in order to allow the PUD to meet today' s requirements. In addition, a draft of the covenants and a revised conceptual drawing that reflects the 51 single - family lots and a layout for the duplex lots needs to be submitted. Dr. Callery explained that the changes in the code would influence his decision and feels that the PUD should not be approved with the 2004 guidelines; they should meet the 2011 standards. However, Dr. Callery stated that he does not have a problem with the land use. David Vines moved to table OPUD 10 -01 until the following issues are clarified: • How did planned unit development regulations differ in 2004 versus 2011? • Is there any precedent for stalled projects that have expired? • Show details on the amenities such as exterior facades, open spaces, park areas, etc. Seconded by Dr. Callery. A vote on the motion was recorded as follows: Dr. Paul Loving - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 4 -0; OPUD 10 -01 is tabled until further notice. 5. Preliminary Plat - The Reserve at Elm Creek - Consideration and appropriate action related to the request for the review and acceptance of a preliminary plat consisting of 51 single Family lots on approximately 12 acres of the 19.75 acre tract. The subject property is located at the northwest corner of the intersection of East 66" Street North and North 129`h East Avenue. Charles Brown presented the item and Karl Fritschen suggested this item be tabled until action is taken on OPUD 10 -01, David Vines moved to table the preliminary plat for The Reserve at Elm Creek, seconded by Charles Brown. A vote on the motion was recorded as follows: Dr. Paul Loving - Yes David Vines -- Yes Charles Brown Yes Dr. Mark Callery - Yes The motion carried 4 -0; the preliminary plat for The Deserve at Elm Creek is tabled until action is taken on OPUD 10 -01, 6, Consideration and appropriate action related to a proposed change of the special exception process. OWASSO PLANNING COMMISSION January 10, 2011 Page No. 4 Karl Fritschen asked that this item be removed from the agenda. Charles Brown moved to table the action related to a proposed change of the special exception process, seconded by Dr. Callery. A vote on the motion was recorded as follows: Dr. Paul Loving - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 4 -0. 7. Report on Monthly Building Permit Activity. S. Report on Items Previously Forwarded to City Council. 9. Economic Development Director Report. 10. Adjournment - Dr. Loving moved, Dr. Callery seconded, to adjourn the meeting. A vote on the motion was recorded as follows: Dr. Paul Loving - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 4-_O an (Iie m�eting w adjourned at 7:10 PM. Chairperson Vice hair rson Date