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HomeMy WebLinkAbout2011.02.07_Planning Commission MinutesOWASSO PLANNING COMMISSION MINUTES OF REGULAR MEETING Monday, February 7, 2011 Owasso Old Central 109 North Birch, Owasso, Oklahoma MEMBERS PRESENT Charles Brown David Vines Marilyn Hinkle Dr. Mark Callery MEMBERS ABSENT Dr. Paul Loving STAFF PRESENT Karl Fritschen Dan Salts Daniel Dearing Marsha Hensley Chelsea Harkins The agenda for the regular meeting was posted at the north entrance to City Hall on February 3, 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 JANUARY 10, 2011 REGULAR MEETING - The Commission reviewed the minutes of January 10, 2011 regular meeting. David Vines moved to approve the minutes, seconded by Dr. Callery. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion was approved 4 -0. 4. Annexation 11 -01 - Consideration and appropriate action related to a request to annex approximately 15 acres of land containing part of the Maple Glenn II subdivision and portions of land to the east. Maple Glen subdivision is located on North Garnett Road and East 110`x' Street North. Charles Brown presented the item and Karl Fritschen reviewed the staff report. A request was received for the annexation of approximately 15 acres of land containing part of the Maple Glen subdivision. Approximately 15 years ago, OLT purchased 15 acres in the area that is being developed as Maple Glen, which were annexed into the City Limits. At that same time, OLT was granted an option to purchase an additional 15 acres from the same landowner, but did not choose the option until early 2010. OLT' s master plan for this area always included the 15 acre tract even though it had not been purchased. It was assumed that all 15 acres had been annexed. This annexation request corrects this issue and allows the developer to move forward, complete the infrastructure and issue permits on the property. The approval of this annexation would correct an error that was never OWASSO PLANNING COMMISSION February 7, 2011 Page No. 2 caught until now. There have been no building permits issued or requested. The project is served with Owasso sanitary sewer service, water by Washington County Rural #3, fire, and EMS by Owasso. The Owasso Annexation Committee heard the request at their scheduled meeting on January 26, 2011 and had no objections. Staff recommends approval of OA 11 -01 to annex the property. Dr. Callery moved to approve annexation #OA 11 -01. Marilyn Hinkle seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 4 -0. 5. OPUD 10 -01 (Rehearing of OPUD 04 -01 - The Reserve at Elm Creek) - 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"' East Avenue. The subject tract is approximately 19.75 acres. Charles Brown presented the item and Karl Fritschen reviewed the staff report. On January 10, 2011, the Planning Commission tabled OPUD 10 -01 (formally OPUD 04- 01). 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, 12.46 acres would be used for single - family detached residential development and the balance would be used for duplex residential development. The applicant has submitted engineering drawings and a preliminary plat for review. The property is located at the northwest corner of the intersection of 66 "' Street North and 129`" East Avenue. 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. At the January 10 "' meeting the Commission asked staff to compare the project against the current PUD ordinance. Karl reviewed the table showing comparison of differences between the 2004 zoning code and the current code. The preliminary plat that OWASSO PLANNING COMMISSION February 7, 2011 Page No. 3 was submitted indicates 51 lots on 12.46 acres, giving a density of 4.09 lots per acre. Staff made a judgment call and concluded that 4.09 should be rounded to 4 dwelling units per acre, which relieves the applicant of the amenity requirements. The applicant /developer will have to perform the following items outside of the PUD: 1. Applicant shall submit entry landscape plan with future construction drawings. Chapter 20, 2035 Single - Family Landscaping Requirements, of the Owasso Zoning code requires all subdivision entrances be landscaped. 2. Per Chapter 16, Fencing Requirements, of the Owasso Zoning Code: All residential uses, including, but not limited to, single-family attached and detached, duplexes, multi family, mobile homes, etc., that back up to any arterial road, shall be screened with a solid opaque fence to provide screening of the rear yards of the residential property. Therefore, any lots abutting 66 " St. North or 1291h E. Ave. shall provide a screening fences in accordance with Chapter 16, Section 1610 of the Zoning Code 3. Applicant will have to comply with all of the subdivision regulations, which include obtaining preliminary plat and final plat approval. Staff recommends approval of OPUD 10 -01 under the current PUD ordinance of the Owasso Zoning Code and all requirements related to and therein. Mr. Doug Pruitt (6736 North 129 East Avenue), a nearby property owner, questioned the cost of the homes. Charles Brown questioned the approval of a new plan with the old date marked out. He stated that he understands the concept of a PUD, but why not regular straight zoning for this project. He also expressed concerns that the PUD is not consistent with the stated purpose and standards of the PUD ordinance. Mr. Brown also requested details on the detention area. The plat shows access to this area, maybe use it as a park? Karl explained that the current PUD still fits in the general characteristics of that location. With a PUD, you can go down to a smaller lot size, but they will not be any smaller than Maple Glen or Lake Valley. In regards to the detention access, most times there is access into the area for maintenance. The applicant, Mr. Noble Sokolosky was present and asked to address the Commissioners. He apologized for missing the last Planning Commission meeting. Mr. Sokolosky explained that the only change that was made from the 2004 submittal was the change to the density requirement. There is no way a developer can do anymore than 5 dwelling units per acre on single family zoning. If it exceeds 4 dwelling units per acre the new rule kicks in, then you have to add 3 out of the 5 amenities. The lot yield has nothing to do with this item tonight. It is irrelevant if you think I should develop what you want to see. You sir, do not know your job. Your job is to review the current regulations. Is there any reason to vote no to my application? You need to identify any concerns where this PUD fails to show the rule or regulation OWASSO PLANNING COMMISSION February 7, 2011 Page No. 4 in the subdivision regulations or zoning code. The following comments /concerns were expressed during a debate which occurred between Mr. Sokolosky and Mr. Brown: Charlie Brown: Why do you think a PUD is better that straight zoning? Don't take it personal. Is it wrong for me to discover and learn about PUDs? I'm trying to determine the city code; a lot of the codes are very gray. I not sure this project is a good fit for the area. This one is different than the other PUDs I have seen. I never said I was going to vote no, please don't put words in my mouth. Noble Sokolosky: Man up and give me reasons that this project doesn't fit this corridor and tell me why you are going to vote against this PUD. Which rules do you think this development does not fit? Let's debate one point at a time. Charlie Brown read the concept of a PUD and the PUD rules. Charlie Brown: I respect your land rights but I'm not sure that it is in harmony with existing development and expected development of the surrounding areas. It lacks creativity when compared to other developments. There are the Baptist Retirement duplexes close by, then Keys Landing with smaller single family lots, then larger, single family lots to the east. I'm not sure how I'm going to vote. Noble Sokolosky: The Baptist duplexes are a terrible example. Would you vote yes for straight duplex zoning on this property? The Owasso City Council approved this PUD for duplexes in this area in 2004. This is harmonious for this area. I could arrange to have you removed from the planning commission. If you are tired of this conversation just ask me to sit down. Charlie stated that the Commissioners have heard enough for now. Thank you. David Vines stated that Staff did the comparisons and he agrees with the number of units per acre. The new standards will be met. The development makes better sense now than it did in 2004. He also stated that we have some responsibility to give a developer heads up when the project is about to expire. Marilyn Hinkle stated that she remembers when the PUD came before them in 2004. There were the same arguments then as there is now. She would like to see something a little different in the single family section, such as alleyways with garages in the rear. Karl assured the Commissioners that if the PUD is approved and anything changes, Mr. Sokolosky would have to do a PUD amendment. David Vines moved to approve the extension of OPUD 10 -01, under the new planned unit development requirements. Seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes OWASSO PLANNING COMMISSION February 7, 2011 Page No. 5 Charles Brown - No Dr. Mark Callery - Yes The motion carried 3 -1. 6. 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' East Avenue. Charles Brown presented the item and Karl Fritschen reviewed the staff report. The preliminary plat proposes 51 lots on approximately 12 acres with two points of access, one from 129 "' East Avenue and the other from 66`h Street North. The subject property is located at the northwest corner of East 66 "' St. North and North 129"' East Ave. The preliminary plat was approved at the Owasso Planning Commission on October 11, 2004 and is being heard again because the time period between the time of approval and the time to submit a final plat expired. The subdivision regulations state that any preliminary plat not receiving final plat approval within (1) year shall be null and void. The Technical Advisory Committee reviewed the preliminary plat for the Reserve at Elm Creek on September 29 2004. Engineering drawings for the development were recently submitted and are currently under review in the City Engineer's office. The applicant is required to address all TAC comments as well as those from the Engineering department. The preliminary plat being presented in this report reflects the current engineering drawings and represents the most current version of the project. The scope of the proposed preliminary plat project and design has not changed significantly from what approved in 2004. The property will be subject to all payback fees, including Storm Siren fees of $35.00 per acre. The applicant will have one (1) year to submit a final plat for the project. It should be noted that the storm siren fee was $16.00 per acre in 2004, but has since been raised to $35.00 per acre. Staff recommends approval of the preliminary plat for The Reserve at Elm Creek subject to addressing all TAC and Engineering Department comments. Mr. Sokolosky was not present for this item. David Vines suggested that the language requirements on covenants be discussed with Mr. Sokolosky. David Vines moved to approve the preliminary plat for The Reserve at Elm Creek subject to the following: • Staff and TAC recommendations addressed. • Submittal of the deed of dedication and covenants prior to final plat review The motion was seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Charles Brown -- Yes OWASSO PLANNING COMMISSION February 7, 2011 Page No. 6 Dr. Mark Callery - Yes The motion carried 4 -0. 7. Final Plat - Life Church - Consideration and appropriate action related to the request for the review and acceptance of a final plat being one (1) lot, one (1) block, on approximately 11.54 acres of land, located 14000 East 96 Street North. Charles Brown presented the item and Karl Fritschen reviewed the staff report. The applicant is requesting the review and approval of the final plat so they may develop the property with a church. The property is zoned AG (Agriculture) and a special exception for a church was approved on December 16, 2008 by the Board of Adjustment. According to the final plat, the applicant will create one (1) 11.54 acre lot with 600.27 feet of frontage. The main access into the site will be from 96 ' Street North. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. Commercial sewer and water service will be provided by the City of Owasso. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The proposed plat indicates a 17.5' utility easement on the along the west, south and east boundaries of the site, a 50' rural water utility easement and 50' right of way dedication along 96`' Street North. The Owasso Technical Advisory Committee at their regularly scheduled meeting held January 26, 2010 reviewed the Final Plat for Life Church. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. The following comments were made. • Public Works - Show drainage easement for the pond, correct bearing descriptions so that they flow as a circular reference. • AT &T - None • PSO - Clarify who will be servicing the site and showing the extension of the line. • ONG - Add gas service to paragraph B.2 on the restrictive covenants and deed of dedications page. Staff recommends the Planning Commission approve the final plat for Life Church subject to addressing the TAC comments. Discussion was held regarding the adjacent property owners that are posted on plat. Charles Brown suggested the investigation of adjacent property owners be done and corrected if necessary. David Vines stated that at the Technical Advisory Committee meeting he noticed that the plat shows "corporate limits of the City of Owasso" on three boundaries. Mr. Vines suggested the need to clean this up before filing with Tulsa County. Marilyn Hinkle moved to approve the final plat for Life Church subject to the above Staff and TAC recommendations. In addition, the following recommendations were by the Commissioners: OWASSO PLANNING COMMISSION February 7, 2011 Page No. 7 • Review the adjacent property owners and correct if necessary. • Redirect the boundary label " corporate limits of the City of Owasso ". Charles Brown seconded the motion. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 4 -0. 8. Lot Split - OLS 11 -01 - The Greens at Owasso & Owasso Golf & Athletic Club - Consideration and appropriate action related to the request to review and acceptance of a lot split and lot tie on a 27.34 acre tract described as Lot 3, Block 1, The Greens at Owasso and the Owasso Golf and Athletic Club. Charles Brown presented the item and Karl Fritschen reviewed the staff report. The property is zoned RMA , which was the predecessor to the RM zoning district in the current zoning code. The area is surrounded by multi - family housing, church, elementary school, and undeveloped land. According to the Owasso zoning code the minimum lot size in the RM district is 6,000 SF and the minimum frontage of 60 feet. In August 2001, Lot 2 Block 1 was split and created Lot 2A and 2B. The applicant requests that Lot 3 be split into three new tracts, Lot 3A, 3B and 3C, which will be joined with Lot 2B from the lot split that occurred in 2001. The proposal meets all bulk and area and lot frontage requirements for the RM District. The table below illustrates the proposed lot split and tie. A lot split /tie is a minor subdivision of previously subdivided land. The Planning Commission may approve a lot split /tie that creates no more than three (3) lots fronting on an existing, dedicated street, which does not involve any new public street or road, or the extension of municipal facilities, the creation of any public improvements, and is not in conflict with any provision or portion of the Comprehensive Plan, Major Street and Highway Plan, Zoning Ordinance (unless approved by the Board of Adjustment) or these regulations. The lot tie was reviewed by the Owasso Technical Advisory Committee on January 26, 2011. At that meeting, utility providers and city staff were afforded the opportunity to comment on the application and request any changes or modifications. There were no comments made at the TAC meeting that necessitated any changes to the drawings. Dr. Callery moved to approve the lot split for The Greens at Owasso, seconded by David Vines. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 4 -0. OWASSO PLANNING COMMISSION February 7, 2011 Page No. 8 9. Consideration and appropriate action related to a proposed change of the special exception process. Charles Brown presented the item and Karl Fritschen reviewed the staff report. Karl explained that currently the Board of Adjustment takes action on all of the special exceptions outlined in the zoning code. The proposed change will shift this responsibility of approving the use related special exceptions to the Planning Commission, with approval by the City Council, and to change the name of these uses to Specific Use Permits (SUP). The Board of Adjustment shall continue to take action on special exceptions for special situations. These include carports, fences that exceed height requirements, detached accessory building exceeding 750 SF, and for now temporary uses such as Christmas tree sales, revival tends, etc. Staff recommends the Planning Commission approval of the attached text amendments to the Owasso Zoning Code. If approved, staff will present an ordinance reflecting such changes at the February 15, 2011 City Council regular meeting. Discussion was held regarding the possibility of the SUP applications being reviewed by the Technical Advisory Committee. David Vines explained this TAC review would allow the utility companies and staff members to express concerns or recommendations. Karl stated that a pre - application review meeting will be held and Technical Advisory Committee would review the site plan and plat. Charles Brown moved to approve proposed change of the special exception process, seconded by Marilyn Hinkle. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes The motion carried 4 -0. 10. Report on Monthly Building Permit Activity. 11. Report on Items Previously Forwarded to City Council. 12. Economic Development Director Report. 13. Adjournment - Charles Brown moved, Dr. Callery seconded to adjourn the meeting. A vote on the motion was recorded as follows: Marilyn Hinkle - Yes David Vines - Yes Charles Brown - Yes Dr. Mark Callery - Yes OWASSO PLANNING COMMISSION February 7, 2011 Page No. 9 The motion carried,..4-,0 and tle meting Nvas adjourned at 8:04 PM. Chairperson Vice Chairperson Date