The Agenda was posted, January 9, 2008 at 2:00 PM
1. Call Meeting to Order:
This regular meeting of the Catoosa Planning Commission was called to order by Chairman Mike Appel on Monday, January 14, 2008 at 6:00 PM at the CatoosaCity Hall, 214 South Cherokee, Catoosa, Oklahoma. This being the first Planning Commission Meeting of the year, in accordance with Article IV. Section 3. (a) and (b) of the Planning Commission Bylaws the rotation of numbered seats occurred and the Officers for the coming year took their seats. For the year 2008 the Chairman is Mike Appel and the Vice Chairman is Al Proo.
2. Roll Call:
The following members were present: Al Proo, Bill Scullawl, Mike Appel, and Dennis Huntley. The following member was absent:Terry O’Donnell. The following staff was present: Jim Hodges, City Planner, R.J. Phillips, Administrative Assistant to the Mayor and Irving Frank, INCOG
3. Approval of Minutes: Regular Meeting of November 15, 2007.
Motion was made by Scullawl and seconded by Proo to approve the minutes subject to a correction on page 1 to indicate that “ O’Donnell recused himself” and subject to correction of clerical errors on pages 4 and 6.The motion passed 3:0:1 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – Huntley (abstention).
4. PUBLIC HEARING
Consideration of a Waiver of the Platting Requirements in accordance with the Catoosa Subdivision Regulations; Kathleen Church, P.E. of Cook and Associates Engineering INC, Applicant and Taco Bueno Restaurants, L.P., Owner.- Request for a recommendation of approval of aWaiver to the PlattingRequirements of the Catoosa Subdivision Regulations (in accordance with Section 1.9. Waiver of Platting Requirements)for Taco Bueno Restaurants, LP. The subject site contains approximately 1.0013 acres and is located north of the corner of Cherokee Street and 193rdEast Avenue, at 2009 S. Cherokee Street, and is generally described as a portion of the NW/4 of the SW/4 Section 31, Township 20 North, Range 15 East. (The Planning Commission recommendation will be forwarded to the City Council.)
Chairman Appel opened the Public Hearing and called upon Staff for the Report and Recommendations and Hodges presented the following information:
CASE NAME:Taco Bueno Restaurants, L.P.
APPLICANT: Kathleen Church, P.E. of Cook and Associates, Applicant and
Taco Bueno, Owner.
REQUEST: To review and forward a recommendation of approval of a request for a Waiver of the Plat for Taco Bueno Restaurants L.P., a 1.001 acre commercial development.
LEGAL: Part of a tract of land located in a portion of the NW/4 of the SW/4 of Section 31, Township 20 North, Range 15 East of the Indian Base and Meridian, City of Catoosa, Rogers County, Oklahoma.
LOCATION: The subject property is generally located at 2009 S. Cherokee Street.
EXISTING SURROUNDING ZONING AND LAND USES: The subject property is zoned CG and contains a vacant day care facility. The area to the east across Cherokee Street is zoned CG and contains the high school and middle school. The property to the south is zoned CG and contains a fast-food restaurant. The area to the west across SH 167/193rd E. Avenue is zoned PK Parking District and contains a parking area associated with the Cherokee Casino and Resort. The property to the north is zoned CG and contains a nursing home.
2025 COMPREHENSIVE PLAN: The subject property is designated Office/Commercial High Intensity on the Comprehensive Plan. It is Staff’s opinion the request is in accordance with the Plan.
STAFF ANALYSIS: As discussed in the narrative letter the applicant has requested approval of a Waiver of the Platting Requirements for the subject site in accordance with Catoosa Subdivision Regulations Section 1.9 below:
1.9 WAIVER OF PLATTING REQUIREMENT.
1. The City Council, upon a recommendation of the Planning Commission, may waive the platting requirement upon a determination that the purposes and intent of these Regulations have been met by previous platting, have or will be achieved by other actions, or could not be achieved by a plat or replat.
2. If after consideration of the above criteria, a plat waiver is granted on unplatted property, a boundary survey shall be prepared by the applicant for the plat waiver. Said boundary survey shall be prepared in a recordable format and filed at the CountyClerk’s office as a condition of approval of the plat waiver and prior to issuance of a building permit on the subject property.
Hodges explained that the up coming ODOT improvements along SR 167/193rd E. Avenue requires that the current location of the Taco Bueno to be moved. As discussed in the attached Memo from the City Engineer, he completed his review of the stormwater, water, and sewer service and noted that Cook and Associates has designed an 8-inch sewer extension that will cross Cherokee Street and extend onto the Taco Bueno site at its southeast corner. Cook will adjust their plans if a 17-foot wide dedication for Street right-of-Way along Cherokee is required. The plans are acceptable; however the City Engineer has the following recommendations:
1. Require that a 17 foot wide strip along Cherokee Street be dedicated for
Street Right-of-Way.
2. Extend the new water service line east beyond the site construction limits so that a new water meter can be set along Cherokee Street (in the future) and connected to our future new water main.
As discussed in the attached letter, the Applicant has agreed to dedicate to the City of Catoosa by separate instrument a 17-foot wide dedication for Street Right-of-Way along Cherokee along with any utility easements that may be necessary to serve the site. On January 3, 2008 the Applicant submitted a Land Title Survey that was forwarded to the City Engineer for review. The City Engineer has indicated the survey is acceptable.
STAFF RECOMMENDATION: Hodges explained that it is staff’s opinion that the purposes and intent of the Subdivision Regulations have been met or will be achieved by other actions. Staff recommends CONDITIONAL APPROVAL of the plat waiver of the platting requirements for the subject site, subject to the following conditions:
1. Prior to a Certification of Occupancy being issued by the City, the developer shall meet the requirements of the City Engineer, including but not limited to dedication of an additional 17’ of right-of-way along Cherokee and extending the new water service line east beyond the site construction limits so that a new water meter can be set along Cherokee Street (in the future) and connected to our future new water main.
2. The Applicant shall submit a boundary survey prepared in a recordable format and filed at the Rogers County Clerk’s office.
3. Prior to pouring the footing of the structure the developer shall provide a drawing of the detention pond (for the City Inspector’s use) that shows dimensions, elevation and slopes of embankments. The Applicant shall provide storm water drainage information in accordance with the City of Catoosa Subdivision Regulations/Catoosa Design Criteria and City Engineer.
4. Prior to a Certification of Occupancy being issued by the City, the developer shall meet the requirements of the Catoosa Zoning Code, including but not limited to Landscaping and Screening Requirements (Chapter 10) and Off Street Parking and Loading Requirements (Chapter 13 and Section 1212).
Chairman Appel called upon the Applicant Kathleen Church, P.E. of Cook and Associates, for comments and information about the project. Church explained the projectand noted that the City Engineer’s concerns have been addressed or will be addressed by the Applicant prior to a Certification of Occupancy being issued.
Chairman Appel closed the public hearing on the request.
At the conclusion of the discussion and review by the Commission, a MOTION was made by Scullawl and seconded by Huntley to recommend CONDITIONAL APPROVAL of the Plat Waiver subject to the following conditions:
1. Prior to a Certification of Occupancy being issued by the City, the developer shall meet the requirements of the City Engineer, including but not limited to dedication of an additional 17’ of right-of-way along Cherokee and extending the new water service line east beyond the site construction limits so that a new water meter can be set along Cherokee Street (in the future) and connected to our future new water main.
3. The Applicant shall submit a boundary survey prepared in a recordable format and filed at the Rogers County Clerk’s office.
4. Prior to pouring the footing of the structure the developer shall provide a drawing of the detention pond (for the City Inspector’s use) that shows dimensions, elevation and slopes of embankments. The Applicant shall provide storm water drainage information in accordance with the City of Catoosa Subdivision Regulations/Catoosa Design Criteria and City Engineer.
5. Prior to a Certification of Occupancy being issued by the City, the developer shall meet the requirements of the Catoosa Zoning Code, including but not limited to Landscaping and Screening Requirements (Chapter 10) and Off Street Parking and Loading Requirements (Chapter 13 and Section 1212).
The motion passed 4:0:0 with the following vote. Voting aye – Proo Scullawl, Huntley, and Appel. Voting nay –none.
Scullawl and several members of the Commission discussed the concept of the Building Inspector approving lot splits in accordance with the Subdivision Regulations.
5. Old Business:
A. Discussion and consideration of directing Staff to research the concept and
current requirements regarding drafting a city ordinance pertaining to
“sexual predators”.
Chairman Appel called upon staff for a report. Hodges explained that the City Attorney is still reviewing the definition of “zoned” as it applies to State Law. Staff explained that recent conversation with a legal assistant with OML indicates that the City has some protection if the City is operating under the findings of the City attorney even if the city is wrong.
Scullawl noted that he thought that this “zoned” requirement would be challenged in court by now and to his knowledge it has not. Also it is anticipated that the state legislators may revisit this and provide additional clarification. Further, the City Attorney has not rendered an opinion. In light of the above this item appears to be a lower priority, never the less we do need to insure that our City Parks are properly identified by adequate signage and contact needs to be made with the owners of known private parks regarding adequate signage. Also the City Council may want to financially assist the private park owners with the associated cost of adequate signage.
Appel suggested that this directive should be in form of a motion.
Scullawl made a MOTION seconded by Proo to forward a recommendation to the Council recommending the following to the City Council:
· Only adequate signage to identify public and private parks is warranted at this point in time.
· City Parks should be inspected to determine if adequate signage is provided.
· All know private parks should be inspected to determine if adequate signage is provided.
· All known owners and/or property owners association should be contacted regarding adequate signage.
· The City Council may want to consider financial assistance to help the private park owners with the associated cost of adequate signage.
The motion passed 4:0:0 with the following vote. Voting aye – Proo Scullawl, Huntley, and Appel. Voting nay –none.
6. New Business: NONE
7. Planning Directors Report: NONE
Scullawl requested a copy of the approved Planning Commission bylaws be provided at the next meeting.
8. ADJOURN:
There being no further business, a MOTION was made by Huntley and seconded by Proo to adjourn the meeting. The motion passed 4:0:0 with the following vote: Voting aye – Proo, Scullawl, Huntley and Appel. Voting nay – None.
The meeting was adjourned at 6:21 P.M.
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Mike Appel, Chairman _________________
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Jim Hodges, City Planner Date
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