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HomeMy WebLinkAbout732_Closing Stormwater Detention Easement Lot 1 Block 2_Ram PlazaTulsa County Clerk - EARLENE WILSON Doc # 03025692 Pgs 1 B/P 6944/0192-0192 Receipt # 638786 02/25/03 Fee 13.00 000638786005 CITY OF OWASSO ORDINANCE NO. 732 ORDINANCE CLOSING TO THE PUBLIC USE A STORMWATER DETENTION EASEMENT LOCATED WITHIN A PORTION OF LOT 1, BLCOK 2 RAM PLAZA ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUTNY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain stormwater detention easement; WHEREAS, said stormwater detention easement is described as follows: The southwest stormwater detention easement of Lot 1, Block 2, Ram Plaza Addition to the City of Owasso. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. the following described stormwater detention easement, be, and the same is hereby closed to the public use, to-wit: The southwest stormwater detention easement of lot 1, block 2, Ram Plaza addition to the City of Owasso. Section 2. That all ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 17th day of December, 2002. MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: ROBERT MOORE CITY PLANNER SUBJECT: STORMWATER DETENTION EASEMENT CLOSURE DAVID AND SARA WILSON (RANI PLAZA) ORDINANCE # 732 DATE: December 9, 2002 BACKGROUND: The City of Owasso has received a request for the closing of the stormwater detention easement located on a portion of Lot 1, Block 2, Ram Plaza Addition. The subject property is located approximately 500 feet west of the E. 86th Pl. N. and N. 129th East Ave. intersection. A general area map has been included with your packet. ANALYSIS: The applicant is requesting the stormwater easement closure to allow the existing structure to remain by right in lieu of as a non - conforming structure. Non - conforming structures are allowed to remain until such time that destroyed beyond 50 %, structurally altered or moved in any way. When a condition as described above exists, the owner of must bring the stricture up to the current provisions of the City of Owasso Zoning Code. The site plan for Lot 1, Block 2, Ram Plaza was approved by the Planning Commission on May 7, 1996. According to staff at the time, stormwater detention issues for the site were incorporated into the approved plans for Warehouse Foods (now Dickinson Theatre) and the Owasso Ninth Grade Center (now Mid -High School). Stormwater detention facilities on the Dickinson Theatre and Mid - High School are more than adequate to handle stormwater run -off from Lot 1, Block 2, Ram Plaza Addition. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the application at their November 27, 2002 regular meeting. At that meeting the following comments were received. 1. The City of Owasso City Council must approve the application. 2. The applicant must provide an official copy of the easement closure to the Community Development Department. PLANNING COMMISSION: On Monday, December 9, 2002, the Owasso Planning Commission unanimously recommended approval of the request to close the stormwater detention easement located within Lot 1, Block 2, Ram Plaza Addition. Ordinance # 732, attached for your review, would allow the Council to close the above described utility easement. RECOMMENDATION: Staff recommends Council approval of Ordinance No. 732, thus closing the stormwater detention easement located within Lot 1, Block 2, Ram Plaza Addition, subject to the following conditions: 1. The applicant must provide an official copy of the easement closure to the Community Development Department. ATTACHMENTS: 1. General Area Map. 2. Planning Commission Staff Report. 3. Community Development Staff Report (May 7, 1996) 4. Ram Plaza Final Plat. 5. Ordinance No. 732 CITY OF OWASSO COMMUNITY DEVELOPMENT DEPARTMENT EASEMENT CLOSURE (Ram Plaza) STAFF REPORT BACKGROUND The City of Owasso has received a request from David and Sara Wilson, applicant/owner(s), for the closing of the stormwater detention easement located on a portion of Lot 1, Block 2, Ram Plaza Addition. The subject property is located approximately 500 feet west of the 86th Pl. N. and 129th E. Ave. intersection. A site plan and a general area map are included with your packet. LOCATION The subject property is located approximately 125 feet north of the 103rd St. N. and 115th E. Ave. intersection, further described as 12701 86th Pl. N. EXISTING LAND USE Retail - Vacant SURROUNDING LAND USE North: Public - Owasso Public Schools South: Retail - Shopping Center East: Retail - Vacant West: Retail - Recreational PRESENT ZONING PUD /CS (Planned Unit Development /Commercial Shopping District) North: RS -3 (Residential Single Family High Density District) South: PUD /CS (Planned Unit Development /Residential Single Family High Density District) East: PUD /CS (Planned Unit Development /Residential Single Family High Density District) West: CS (Commercial Shopping District) ANALYSIS The applicant is requesting to close the stormwater detention easement located within Lot 1, Block 2, to allow the existing retail structure to remain by right in lieu of as a non- conforming structure. Non - conforming structures may remain until such time they are remodeled, destroyed beyond 50% or structurally altered. At such time when one or any of the above conditions exist, the owner is required to bring the structure up to the current provisions of the zoning code. The site plan, including the encroachment, for the subject property was approved on May 7, 1996 by the City of Owasso Planning Commission. The Community Development Department staff report dated May 7, 1996, is attached for your review. According to staff in 1996, stormwater detention issues for Lot 1, Block 2 were incorporated into the approved plans for the Warehouse Foods (now Dickinson Theatre) and Owasso Ninth Grade Center (now Mid -High School). According to staff at the time, stormwater detention facilities on the Dickinson Theatre and Mid -High School properties were more than sufficient to accommodate stormwater run -off from Lot 1, Block 2, Ram Plaza. Staff finds nothing in the Community Development files that would indicate the contrary. Staff finds little, if no reason to not approve the applicant's request. Without Planning Commission and ultimately, City Council approval, at such time a remodel were proposed, the applicant would be required to remove portions of the existing structure. Staff is unaware of any instance within the City where this has occurred. If approved by the Planning Commission, this item does require City Council Action. TECHNICAL ADVISORY COMMITTEE: The Owasso Technical Advisory Committee reviewed the site plan at their November 27, 2002 regular meeting. At that meeting, the following comments were noted. 1. The City of Owasso City Council must approve the easement closure. 2. The applicant shall provide an official copy of -the easement- closure to the Community Development Department. RECOMMENDATION Staff recommends conditional approval of the request to close the stormwater detention easement located within Lot 1, Block 2, Ram Plaza Addition, subject to the following conditions: 1. The City of Owasso City Council approves the easement closure. 2. The applicant shall provide an official copy of the easement closure to the Community Development Department. ATTACHMENTS 1. General Area Map. 2. Easement Closure Application. 3. Community Development Staff Report (May 7, 1996). 4. Ram Plaza Final Plat. TO: THE PLANNING COMMISSION CITY OF OWASSO FROM: TIMOTHY ROONEY COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: SITE PLAN REVIEW FOR MICHAEL D ROARK DATE: May 7, 1996 BACKGROUND: Michael D Roark has submitted a site plan for a retail hardware store to be located on a portion of Lot 1, Block 2 of Ram Plaza Addition. The subject property is located immediately east of the Warehouse Foods property and the portion of the lot to be utilized was created via a recent lot split heard before the Planning Commission. A location map is enclosed for your information and review. Review of the site plan by staff indicated that all necessary parking requirements have been met by the applicant as 33 parking spaces would be required by the applicant (1 space per 300 square feet of floor area) and 37 have been provided. A landscaped area has also been indicated on the site plan. Storm water detention for this site has been addressed through the development of the Warehouse Foods (Food Lion) property which was required to develop with an oversized detention basin in its northwest corner. This area, along with the large area detention area developed by the Ninth Grade Center, is more than adequate to meet any stormwater detention requirements. The site plan was reviewed by the TAC Committee at their May 1, 1996 meeting. No comments or concerns were voiced by the utility companies and /or staff. Staff would recommend the inclusion of a pre- construction meeting with city personnel prior to obtaining 'the building permit. RECOMMENDATION: Staff would recommend approval of the proposed site plan as presented with the condition of a pre- construction meeting with staff prior to obtaining of the building permit. ATTACIIMENTS/ENCLOSURES: r 1. Location map. 2. Site plan. CITY OF OWASSO ORDINANCE NO. 732 ORDINANCE CLOSING TO THE PUBLIC USE A STORMWATER DETENTION EASEMENT LOCATED WITHIN A PORTION OF LOT 1, BLOCK 2, RAM PLAZA ADDITION, AN ADDITION TO THE CITY OF OWASSO, TULSA COUNTY, STATE OF OKLAHOMA, AND RETAINING UNTO SAID CITY OF OWASSO, OKLAHOMA, THE ABSOLUTE RIGHT TO REOPEN SAME WITHOUT EXPENSE TO THE MUNICIPALITY, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain stormwater detention easement; WHEREAS, said stormwater detention easement is described as follows: The southwest stormwater detention easement of Lot 1, Block 2, Ram Plaza Addition to the City of Owasso. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, Section 1. The following described stormwater detention easement, be, and the same is hereby closed to the public use, to -wit: The southwest stormwater detention easement of Lot 1, Block 2, Ram Plaza Addition to the City of Owasso. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this 17th day of December, 2002. ATTEST: City of Owasso, Oklahoma Marcia Boutwell, City Clerk Michael Helm, Mayor APPROVED AS TO FORM: Stephen P. Gray, City Attorney