This regular meeting of the Catoosa Planning Commission was called to order by Chairman Mike Appel on Monday, May 12, 2008, at 6:02 PM at the CatoosaCity Hall, 214 South Cherokee, Catoosa, Oklahoma.

2. Roll Call:

The following members were present: Al Proo, Bill Scullawl, and Mike Appel. The following members were absent: Dennis Huntley and Terry O’Donnell.The following staff was present: Jim Hodges, City Planner/INCOG and Irving Frank, INCOG. Also present were Councilwoman Sandy Myers, and Councilwoman Cathie Langston.

3. Approval of Minutes: Regular Meeting of April 14, 2008.

Motion was made by Scullawl and seconded by Proo to approve the minutes. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.

4. PUBLIC HEARINGS

I. Roy and Aleisa Fidler, Applicant/Owner–On April 21, 2008 the City Council reviewed these requests and a motion was approved to send the requests back to the Planning Commission for reconsideration and/or to consider the applicant’s request for a lesser intensity in Land Use Designation and Zoning Classification. Originally the applicant requested the following:

A.CPA-2008-01-The applicant has requested an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity.

B. CZ-197-The applicant has requested rezoning of the subject site from RS-6 Residential Single-Family High Intensity District to IM Medium Intensity Industrial District.

The subject property (1.16-acres approximately) is located along the west side of Shawnee Street approximately 150 feet south of Denbow Street. Lots 7, 8, 9, and 10 of Block 18, Catoosa, OT.

A motion was made by Scullawl and seconded by Proo to Approve the request to reconsider CPA-2008-01 an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity and CZ-197 a rezoning request from RS-6 Residential Single-Family High Intensity District to IM Medium Intensity Industrial District. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.

Chairman Appel opened the Public Hearing and called upon Staff for the Report and Recommendations and Hodges presented the following information:

Roy and Aleisa Fidler, Applicant/Owner. On April 21, 2008 the City Council reviewed these requests and a motion was approved to send the requests back to the Planning Commission for reconsideration and/or to consider the applicant’s request for a lesser intensity in Land Use Designation and Zoning Classification. Originally the applicant requested the following:

1. CPA-2008-01-The applicant has requested an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity.

2. CZ-197-The applicant has requested rezoning of the subject site from RS-6 Residential Single-Family High Intensity District to IM Medium Intensity Industrial District.

The subject property (Lot 7, 8, 9, and 10 of Block 18, Catoosa, OT, 1.16-acres) is located along the west side of Shawnee Street approximately 150 feet south of Denbow Street.

As you recall Hodges explained, these requested items were considered by the Catoosa Planning Commission during the meeting and public hearing for these requests on April 14, 2007. Attached is a narrative description and letter of support from Edward Michels of BLM. Also attached is a letter of opposition from a nearby property owner to the north. During the public hearing on the request the property owner to the north and a property owner to south addressed the Commission in opposition of the request. Listed below are the Planning Commissions actions.

Request 1:The Commission voted unanimously (3:0:0) to forward a recommendation for denial of the request (CPA-2008-1) for an amendment of the 2025 Comprehensive Plan Land Use Designation for the subject site from Residential/Low Intensity to Industrial/Low Intensity. This recommendation was supported by Staff.

Request 2: The Commission did not consider the rezoning request, because an approval of the Comprehensive Plan Amendment request was needed prior to consideration of the rezoning request (CZ-197). This item was sent to the City Council along with the rezoning request.

As indicated above the applicant stated that they may request a less intense Comprehensive Plan Land Use Designation and Zoning Classification. In order to allow an automobile parking area on the subject site. According to the Zoning Code-Appendix A: Use Unit-Summary of Zoning Districts Zoning Code (attached) and Appendix D: Land Use Plan Matrix (attached) the following less intensive Land Use Designation and rezoning options are supported by staff:

1. A Comprehensive Plan Land Use Designation Amendment to Commercial/Office Medium Intensity and rezoning to OL Office Low Intensity District. This Would Be In Accordance with the Comprehensive Plan.

2. A Comprehensive Plan Land Use Designation Amendment to Commercial/Office Medium Intensity and rezoning to P Parking District. This Would Be In Accordance with the Comprehensive Plan.

3. A Comprehensive Plan Land Use Designation Amendment to Residential High Intensity and rezoning to P Parking District. This Would Be In Accordance with the Comprehensive Plan.

4. A Comprehensive Plan Land Use Designation Amendment to Residential Medium Intensity and rezoning to P Parking District. This May Be Found in Accordance with the Comprehensive Plan.

5. A Comprehensive Plan Land Use Designation Amendment to Residential High Intensity and rezoning to RM-2 Residential Medium Intensity District and a Special Exception to allow Use Unit 10 Off Street Parking Area. This Would Be In Accordance with the Comprehensive Plan.

Regarding Public Notice, as you recall Hodges explained the applicant indicated he wants to amend his rezoning request to a less intense zoning district. Although the Zoning Code Section 1704. NOTICE OF REZONING SHALL CONFER JURISDICTION TO CONSIDER (attached) does not specifically address the P Parking Zoning District or the OL Office Low Intensity or RM-2 Residential Medium Intensity it does indicate a request for a less intense zoning district than originally requested would confer Jurisdiction to Consider.

Further, recent conversations with the City Attorney indicate that the related State Statute would allow the Planning Commission to reconsider the requests.

Please find attached to the Staff Report the following documents for further information about this case.

1. Original Staff Report with attachments

2. Letter from BLM, dated April 11, 2008

3. Letter of Opposition, received April 14, 2008

4. Zoning Code- Appendix A: Use Unit-Summary of Zoning Districts

5. Zoning Code- Appendix D: Land Use Plan Matrix

6. Zoning Code- Section 1704: Notice of Rezoning Shall Confer Jurisdiction to Consider

Chairman Appel called upon Edward Michels of BLM for commits.Edward Michels addressed the Commission and explained BLM’s need for additional parking, a staging area for trucks and a possible office structure and gazebo on the subject parcel.

Chairman Appel closed the public hearing on the requests.

Appel and several Commissioners expressed concern regarding a “staging area” and suggested that these items be continued until the next Planning Commission Meeting on June 9, 2008 to allow staff and the applicant an opportunity to discuss the five options discussed above.

A motion was made by Scullawl and seconded by Proo to continue until June 9, 2008 the requests of CPA-2008-01 an amendment of the 2025 Comprehensive Plan Land Use Designation of the subject site from Residential/Low Intensity to Industrial/Low Intensity and CZ-197 a rezoning request of the subject site from RS-6 Residential Single-Family High Intensity District to IM Medium Intensity Industrial District. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.

II. Preliminary Plat and Preliminary(Conceptual) Construction Plans of Sandy Silman, P.E. of Cook and Associates, Applicant and Investcom Properties LLC, Owner.Request for approval of the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Shops at the Gathering.This development project includes a one block five lot commercial subdivision on approximately 18.3 acres. The subject property is located near the southeast corner of Cherokee Street and 193^rdEast Avenue. The subject property is generally described as a portion of the SW/4 of the SE/4 of Section 31, Township 20 North, Range 15 East.

Chairman Appel opened the Public Hearing and called upon Staff for the Report and Recommendations and Hodges presented the following information:

CASE NAME: The Shops at the Gathering

APPLICANT: Sandy Silman, P.E. of Cook and Associates, Applicant and Investcom Properties LLC, Owner.

REQUEST: To review and approve the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Shops at the Gathering, a 18.2 acre (approximately) commercial development.

LOCATION: The subject property is generally located at the southeast corner of Cherokee Street and 193^rdEast Avenue.

LEGAL

DESCRIPTION: Part of a tract of land located in a portion of the SW/4 of the SE/4 of Section 31, Township 20 North, Range 15 East of the Indian Base and Meridian, City of Catoosa, Rogers County, Oklahoma.

ZONING HISTORY: The applicant was granted

214 South Cherokee P.O. Drawer 190 Catoosa, OK 74015 PH. (918) 266-2505 FAX (918) 266-1687

a Waiver of the Platting Requirements for a Lot Split. This request was considered by the Catoosa Planning Commission during the meeting and public hearing for the request on August 13, 2007. The Commission voted unanimously (5:0:0) to forward to the City Council a recommendation for CONDITIONAL APPROVAL of the plat waiver on the platting requirements for the tract(s) included in the application, and to only allow approval of CLS-2007-1 and CLS-2007-2 subject to the conditions. On August 20, 2007 the Catoosa City Council approved the request subject to the Conditions of Approval set by staff and the Planning Commission. On October 8, 2007 the Commission reviewed the conditions and determined that the conditions were met or would be met during the platting process.

EXISTING SURROUNDING ZONING AND LAND USES: The southern portion of the subject property is zoned CH and the northern portion is zoned CG. The subject site is undeveloped property that has recently been cleared. The area to the north across the School Road is zoned CH and contains School Board property. The area to the northwest across Cherokee Street is zoned CH and contains a restaurant. The property to the southwest is zoned CH and contains an automotive parts store. Across SH 167/193^rd E. Avenue is property zoned CH and contains the Cherokee Casino and Resort. The property to the east is zoned CG and CH and is undeveloped. The property to the east is zoned CG and is undeveloped, and WellsMiddle School is situated to the northeast.

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: On October 1, 2007 the applicant submitted a Sketch Plat for the subject property that was reviewed by the Catoosa TAC on October 9, 2007. Some revisions were made based on TAC recommendations and revised a Sketch Plat was submitted on November 5, 2007 that illustrates five lot and two out parcels/lot split areas.

On November 15, 2007 the Planning Commission approved the Sketch Plat subject to Conditions. Attached are the Planning Commission conditions of approval of the Sketch Plat followed by the Applicants response.

On April 1, 2008 the applicant submitted a Preliminary Plat and Preliminary (Conceptual) Construction Plans. A non-formal (City Staff and Developer Staff only) TAC meeting was held on April 8, 2008 regarding the Shops at the Gathering and Hampton Inn. The results of that meeting our summarized below:

The Applicant would request an Accelerated Release of a Building Permit for the Hampton Inn and Taco Bueno.
The Preliminary Plat and Preliminary (Conceptual) Construction Plans for the Hampton Inn were acceptable to the City Engineer.
The Final Plat for the Shops of the Gathering would be done in two phases.
The City may participate in the development of Cameron Street.
Provisions for a Property Owners Association would be provided,
Although the applicant indicated that drainage facility/easement for both developments may be provided by separate instrument, these areas should becovered by recorded easements with such recordings (book and page) shown on the face of the Preliminary Plat or (no later then)Final Plat.
Regarding the Shops at the Gathering rather than a recorded deed a lease purchase agreement is indicated, this is under review by the City Attorney and Mayor. The Applicant indicated that Jim Tanner will explain ownership and the chain of events.

A formal TAC meeting was held on April 15, 2008 for both developments. The draft minutes are attached and results are summarized below:

The applicant indicated that many of the items requested for the Preliminary Plat and Preliminary Construction Plans will be provided in conjunction with the Final Plat and Final Construction Plans approval process and the applicant has requested that a revised Preliminary Plat not be required to be submitted. The Preliminary Plat and Preliminary (Conceptual) Construction Plans were acceptable to the City Engineer. The Planning Commission will need to make a determination regarding what information needs to be submitted now and what can be deferred to the Final Plat and Final Construction Plans approval process.

The developer shall show all utilities and related easements on the Preliminary Plat and Preliminary (Conceptual) Construction Plans. The developer shall provide exclusive easements in accordance with the requirements of the utility provider and illustrate them on the Preliminary Plat and Preliminary Construction Plans. Blanket easements may be required until services are installed and surveyed and changes should be made to preliminary layouts. Written/evidence of approvals from the respective providers of and plans for utilities should be required as a part of the Preliminary Plat and Preliminary Construction Plan approval process or (no later then)Final Plat.

The Preliminary Plat and Preliminary (Conceptual) Construction Plans were acceptable to the City Engineer. Engineering drawings of all stormwater facilities and utilities and where they will be going is needed. Stormwater detention, drainage, utilities, access, water and sewer service are matters that will require further coordination with the separate civil engineers and review/approval by the City Engineer in conjunction with the Final Plat approval process. Written/evidence of approvals from the respective providers will be required as a part of the Final Plat and Final Construction Plans approval process.

The City has not accepted the dedication of the northern easement and it has not been converted into a right-of-way. Prior to and during construction the rehabilitation process of the northern easement needs to be approved by City Engineer in accordance with the Subdivision Regulations. The off site 50 foot road area (Cameron) along the southern boarder of the Gathering may require additional dedication. It is unclear at this time who will build the road. The Mayor indicated the City may participate in the development of Cameron and that this item would be placed on an upcoming City Council Agenda regarding the possibility of filing a condemnation law suit to obtain a permanent road right-of-way. The applicant also requested an Accelerated Release of the Building Permit for Hampton Inn and Taco Bueno. The Mayor indicated that this request would be on an upcoming City Council Agenda.

The Fire Department representatives indicated the tentative location of fire hydrants and noted other fire safety concerns. Also the circulation for Phase I (the northern portion of the site would be acceptable. Evidence of City approval for access should be based on a letter from the respective providers should be required as a part of the Preliminary Plat and Preliminary Construction Plan approval process or (no later then)Final Plat.

6. The following are comments thus far regarding the Deeds of Dedication;

· A legal description is needed, each paragraph needs to be numbered and the Deeds of Dedication needs to be on the face of the plat.

· Section 1.A. General Utility Easement, this section needs to state that no buildings will be constructed on the utility easement.

· Section B. the last sentence in the third paragraph needs to be changed from ”..so installed by it” to “so installed by the supplier of the utility service”.

· Section C. 2. regarding alteration of grade in excess of 3 feet in the utility easement areas....shall be prohibited, this needs to be changed to “in the judgment of the City of Catoosa” rather than “in excess of 3 feet”. As per the City Engineer.

· Page 3, provision for gas needs to be provided.

· Section D. 2. Detention Requirements, all referenced documents need to be included in the deeds of dedication. Appendix G Private Detention Facility Maintenance Agreement and Easement needs to be provided in the Deeds of Dedication.

· Section E. The first sentence should be changed to read “Owner shall be responsible for repair of damage to landscaping and paving occasioned by installation or necessary maintenance...”

· Section II. The property is zoned CG and CH.

· Section III A. and C. Purpose and Duties of Property Owners Association, this section needs to include all privately owned facilities such as entry features, storm drainage facilities and private access drives.

· Section IV B. Duration the timeframe should be 30 years rather than 20 years.

· Section IV.C. Amendment or Termination, the third sentence would allow the owner at their discretion to amend, modify, change or cancel any covenant or term other than Sections I and II. This provision should be deleted to protect the Section on the Property Owners Association and the Sections on Enforcement, Duration, Amendment and Severability. This concern will be forwarded to the City Attorney for review.

· The Owner’s Certification in Appendix F of the Subdivision Regulations needs to be provided.

· The Plat needs to be stamped and the Certificate of Engineer in Appendix F of the Subdivision Regulations needs to be provided.

· The Certificate of the CountyTreasurer in Appendix F of the Subdivision Regulations needs to be provided.

· The Private Detention Facility Maintenance Agreement and Easement in Appendix G of the Subdivision Regulations needs to be provided on the face of the plat.

· All related Certifications in the Appendix of the Subdivision Regulations need to be provided including but not limited to Certification of Planning Commission and City Council approval are needed.

7. The following are general comments thus far regarding the first page of the Preliminary Plat;

· Adjacent land uses, zoning and address of all adjacent property owners are needed.

· Name of all streets are needed.

· The note under the location map should indicate the correct acreage and number of lots.

· The Detention Note should be revised to state that an Occupancy Permit will not be issued until the detention pond has been constructed and/or in accordance with the Accelerated Release of the Building Permit.

· The drainage easement needs to be provided on the face of the plat rather than by separate instrument. Off site detention areas should be covered by recorded easements with such recordings (book and page number) shown on the face of the plat.

· Attach all separate instruments to the face of the plat where possible.

· Rather than a recorded deed a lease purchase agreement is indicated, this is under review by the City Attorney and Mayor. The Applicant indicated that Jim Tanner will explain ownership and the chain of events.

· A letter from the Oklahoma Corporation Commission regarding oil and gas wells is needed.

The Applicant has requested approval of the Preliminary Plat and Preliminary (Conceptual) Constructions Plans for The Shops at the Gathering a proposed commercial development consisting of approximately 18.2 acres.

The utility services include:

Water: City of Tulsa/Catoosa Gas: ONG

Sewer: City of Catoosa Electric: PSO-AEP

Fire: City of Catoosa Cable: Cox

Telephone: SBC

The City Engineer has indicated that the present submittal is in general conformance with the requirements of the Subdivision Regulations regarding a Preliminary Plat and Preliminary (Conceptual) Construction Plans and demonstrate the developer’s intentions to develop the overall site and the proposed use. Because of the timing requirements of this development the City Council on April 21, 2008 approved an Accelerated Release of a Building Permit for the Hampton Inn and Suites and Taco Bueno subject to the waiver of the performance bond until the point the foundation and slab being completed or otherwise the performance bond will at that time be required and further directing the City Attorney and the counsel for the applicant to draft an indemnity agreement from Taco Bueno and Hampton Inn to the City of Catoosa for any loss they may or may not incur do to this Accelerated Building Permit and bring it back to Council on May 5, 2008. The City Council on May 5, 2008 continued the Agenda Item regarding the Indemnity Agreement.

Section 2.4.3.e. of the Subdivision Regulations states; If the preliminary plat is approved with conditions, the Planning Commission may require the subdivider to submit a revised Preliminary Plat showing the required changes prior to submission of the Final Plat. The applicant has requested that a revised Preliminary Plat not be required.

Because of timing constraints the applicant has requested that some items such as drainage and access will be provided in conjunction with the Final Plat and Final Construction Plans approval process rather than the Preliminary Plat and Preliminary Construction Plans approval process.

RECOMMENDATION:

Staff recommends approval of this request subject to meeting the requirements of the Planning Commission, TAC, City Council, Zoning Code, City Engineer and Subdivision Regulations.

_________________________________

Attachments of the Staff Report:

· Preliminary Plat submittal requirements

· Planning Commission conditions of approval of the Sketch Plat

· Draft TAC Minutes of April 15, 2008

· Zoning Map/Location Map

· Preliminary Plat Application Submission and Materials

Chairman Appel called upon Sandy Silman, PE of Cook and Associates, Applicant for comments.Mr. Silmanaddressed the Commission and explained the project noting that they should be able to work with staff to address the requirements and agreed the drainage facility will be provide prior to an Occupancy Permit being issued and the note on the Preliminary Platt will be changed accordingly. Silman also explained that the development will be done in two Phases, the northern portion will be Phase I and the southern portion will be Phase II.

Steven Gray, Attorney for the Applicant explained that based on recent documents submitted to the Mayor for review indicate the land in question is owned by the Applicant.

Chairman Appel closed the public hearing on the requests for approval the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Shops at the Gathering,

A motion was made by Scullawl and seconded by Proo to approvethe requests for approval of the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Shops at the Gathering subject to meeting the requirements of the Planning Commission, TAC, City Council, Zoning Code, City Engineer and Subdivision Regulations. The Commission reasoned that a revised Preliminary Plat would not be required prior to submittal of the Final Plat and that out standing items such as drainage and access will be addressed in conjunction with the Final Plat and Final Construction Plans approval process. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.

III. Preliminary Plat and Preliminary (Conceptual) Construction Plans of Sandy Silman, P.E. of Cook and Associates, Applicant and Rogers County Hospitality LLC, Owner.Request for approval of the Preliminary Plat and Preliminary (Conceptual)Construction Plans forThe HamptonInn & Suites.This development project includes a one block one lot commercial subdivision on approximately 2.18 acres. The project consists of a five story hotel with approximately 120 rooms. The subject property is located near the southeast corner of Cherokee Street and 193^rdEast Avenue.The subject property is generally described as a portion of the SW/4 of the SE/4 of Section 31, Township 20 North, Range 15 East.

Chairman Appel opened the Public Hearing and called upon Staff for the Report and Recommendations and Hodges presented the following information:

CASE NAME: Hampton Inn & Suites

APPLICANT: Sandy Silman, P.E. of Cook and Associates, Applicant and RogersCounty Hospitality LLC, Owner.

REQUEST: To review and approve the Preliminary Plat and Preliminary (Conceptual) Construction Plan for The Hampton Inn & Suites, a 2.18 acre (approximately) hotel/commercial development.

LOCATION: The subject property is generally located east of the southeast corner of Cherokee Street and 193^rdEast Avenue.

LEGAL

ZONING HISTORY: The subject site was shown as an out parcel on the Sketch Plat for the Shops at the Gathering. The Commission conditional approved the Sketch Plat for the Shops at the Gathering on November 15, 2007. The Preliminary Plat and Preliminary (Conceptual) Construction Plans have been submitted for the Shops at the Gathering. In October 2007 the City Council and Planning Commission granted a lot split request subject to conditions one being the subject parcel shall be platted.

EXISTING SURROUNDING ZONING AND LAND USES: The subject property is zoned is zoned CG. The subject site is undeveloped property that has recently been cleared. The area to the north across the School Road is zoned CH andcontains School Board property. The property to the south is zoned CH and CG and isundeveloped and is part of the Shops at the Gathering. The property to the east is zoned CG and is undeveloped and is part of the Shops at the Gathering, and Wells Middle School is situated to the northeast. The property to the west is zoned CG and is undeveloped.

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: On February 18, 2008 the applicant submitted a Sketch Plat for the subject development that was reviewed by the Catoosa TAC on March 6, 2008. On March 10, 2008 the Planning Commission approved the Sketch Plat subject to Conditions. Attached are the Planning Commission conditions of approval of the Sketch Plat followed by the applicant’s and staff’s response.

On April 1, 2008 the applicant submitted a Preliminary Plat and Preliminary (Conceptual) Construction Plans. A non-formal (City Staff and Developer Staff only) TAC meeting was held on April 8, 2008 regarding both the Hampton Inn and the Shops at the Gathering. The results of that meeting our summarized below:

The Applicant would request an Accelerated Release of a Building Permit for the Hampton Inn and Taco Bueno.
The Preliminary Plat and Preliminary (Conceptual) Construction Plans for the Hampton Inn were acceptable to the City Engineer.
The Final Plat for the Shops at the Gathering would be done in two phases.
The City may participate in the development of Cameron Street.
Provisions for a Property Owners Association would be provided for the Shops at the Gathering. Although the applicant indicated that drainage facility/easement for both developments may be provided by separate instrument. These areas should be covered by recorded easements with such recordings (book and page) shown on the face of the Preliminary Plat or (no later then)Final Plat.
Regarding the Gathering rather than a recorded deed a lease purchase agreement is indicated, this is under review by the City Attorney and Mayor. The Applicant indicated that Jim Tanner will explain ownership and the chain of events.

A formal TAC meeting was held on April 15, 2008, regarding both developments. The draft minutes are attached to the staff report and results are summarized below:

The applicant indicated that many of the items requested for the Preliminary Plat and Preliminary (Conceptual) Construction Plans will be provided inconjunction with the Final Plat and Final Construction Plans approval process and the applicant requested that a revised Preliminary Plat not be required to be submitted. The Preliminary Plat and Preliminary (Conceptual) Construction Plans were acceptable to the City Engineer. The Planning Commission will need to make a determination regarding what information needs to be submitted now and what can be deferred to the Final Plat and Final Construction Plans approval process.

The developer shall show all utilities and related easements on the Preliminary Plat and Preliminary (Conceptual) Construction Plans. The developer shall provide exclusive easements in accordance with the requirements of the utility provider and illustrate them on the Preliminary Plat and Preliminary Construction Plans. Blanket easements may be required until services are installed and surveyed and changes should be made to preliminary layouts. Written/evidence of approvals from the respective providers of and plans for utilities should be required as a part of the Preliminary Plat and Preliminary Construction Plan approval process or (no later then)Final Plat

The Preliminary Plat and Preliminary (Conceptual) Construction Plans were acceptable to the City Engineer. Engineering drawings of all stormwater facilities and utilities and where they will be going is needed. Stormwater detention, drainage, utilities, access, water and sewer service are matters that will require further coordination with the separate civil engineers and review/approval by the City Engineer in conjunction with the Final Plat approval process. Written/evidence of approvals from the respective providers will be required as a part of the Final Plat and Final Construction Plans approval process or (no later then)Final Plat.

The City has not accepted the dedication of the northern easement and it has not been converted into a right-of-way. Prior to and during construction the rehabilitation process of the northern easement needs to be approved by City Engineer in accordance with the Subdivision Regulations. The off site 50 foot road area (Cameron) along the southern boarder of the Shops at the Gathering may require additional dedication. It is unclear at this time who will build the road. The Mayor indicated the City may participate in the development of Cameron and that this item would be placed on an upcoming City Council Agenda regarding the possibility of filing a condemnation law suit to obtain a permanent road right-of-way. The applicant also requested an Accelerated Release of the Building Permit for Hampton Inn and Suites and Taco Bueno. The Mayor indicated that this request would be on an upcoming City Council Agenda.

The Fire Department representatives indicated the tentative location of fire hydrants and noted other fire safety concerns. Also, the circulation for Phase I (the northern portion of the Shops at the Gathering would be acceptable). Evidence of City approval for access should be based on a letter from the respective providers required as a part of the Preliminary Plat and Preliminary Construction Plan approval process or (no later then)Final Plat.

6. The following are comments thus far regarding the Deeds of Dedication;

· A legal description is needed, each paragraph needs to be numbered and the Deeds of Dedication needs to be on the face of the Plat.

· Section 1.A. General Utility Easement, this section needs to state that no buildings will be constructed on the utility easement.

· Section B. the last sentence in the third paragraph needs to be changed from”...so installed by it” to “so installed by the supplier of the utility service”.

· Section C. 2. regarding alteration of grade in excess of 3 feet in the utility easement areas....shall be prohibited, this needs to be changed to in the judgment of the City of Catoosa rather than in excess of 3 feet.

· Page 3, provision for gas needs to be provided.

· Section D. 2. Detention Requirements, all referenced documents need to be included in the Deeds of Dedication including provisions for Private Detention Facility Maintenance.

· Section E. The first sentence should be changed to read “Owner shall be responsible for repair of damage to landscaping and paving occasioned by installation or necessary maintenance...”

· Section IV B. Duration the timeframe should be 30 years rather than 20 years.

· All Certifications in the Appendix needs to be provided including the Owner’s Certification in Appendix F of the Subdivision Regulations.

· The Plat needs to be stamped and the Certificate of Engineer in Appendix F of the Subdivision Regulations needs to be provided.

· The Certificate of the CountyTreasurer in Appendix F of the Subdivision Regulations needs to be provided.

· The Private Detention Facility Maintenance Agreement and Easement in Appendix G of the Subdivision Regulations should to be provided.

· Certification of Planning Commission and City Council approval are needed.

· A letter from the Oklahoma Corporation Commission regarding oil and gas wells.

7. The following are general comments thus far regarding the first page of the Preliminary Plat;

· Adjacent land uses, zoning and address of all adjacent property owners are needed.

· Name of all streets are needed.

· The Detention Note should be revised to state that an Occupancy Permit will not be issued until the detention pond has been constructed.

· The drainage easement needs to be provided on the face of the plat rather than by separate instrument off site detention areas should be covered by recorded easements with such recordings (book and page) shown on the face of the plat.

· Attachment all separate instruments to the face of the plat where possible.

· Rather than a recorded deed a lease purchase agreement is indicated, for the Shops at the Gathering this is under review by the City Attorney and Mayor. The Applicant indicated that Jim Tanner will explain ownership and the chain of events.

· A letter from the Oklahoma Corporation Commission regarding oil and gas wells.

The Applicant has requested approval of the Preliminary Plat and Preliminary Constructions Plans for the Hampton Inn and Suites a proposed hotel development consisting of approximately 2.18 acres.

The utility services include:

Water: City of Tulsa/Catoosa Gas: ONG

Sewer: City of Catoosa Electric: PSO-AEP

Fire: City of Catoosa Cable: Cox

Telephone: SBC

The City Engineer has indicated that the present submittal is in general conformance with the requirements of the Subdivision Regulations regarding a Preliminary Plat and Preliminary (Conceptual) Construction Plans and demonstrate the developer’s intentions to develop the overall site and the proposed use. Because of the timing requirements of this development the City Council on April 21, 2008 approved an Accelerated Release of a Building Permit for the Hampton Inn and Suites and Taco Bueno subject to the waiver of the performance bond until the point the foundation and slab being completed or otherwise the performance bond will at that time be required and further directing the city attorney and the counsel for the applicant to draft an indemnity agreement from Taco Bueno and Hampton Inn to the City of Catoosa for any loss they may or may not incur do to this Accelerated Building Permit and bring it back to council on May 5, 2008. The City Council on May 5, 2008 continued the Agenda Item regarding the Indemnity Agreement.

Section 2.4.3.e. of the Subdivision Regulations states; If the preliminary plat is approved with conditions, the Planning Commission may require the subdivider to submit a revised preliminary plat showing the required changes prior to submission of the final plat. The applicant has requested that a revised preliminary plat not be required.

RECOMMENDATION:

Staff recommends approval of this request subject to meeting the requirements of the Planning Commission, TAC, City Council, Zoning Code, City Engineer and Subdivision Regulations.

_____________________________________

Attachments of the Staff Report:

· Planning Commission conditions of approval of the Sketch Plat

· Preliminary Plat submittal requirements

· Draft TAC Minutes of April 15, 2008

· Zoning Map/Location Map

· Preliminary Plat Application Submission and Materials

Steven Gray, Attorney for the Applicant explained that based on recent documents submitted to the Mayor for review the land in question is owned by the Applicant.

Chairman Appel closed the public hearing on the requests for approval the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Hampton Inn and Suites.

A motion was made by Scullawl and seconded by Proo to approvethe requests for approval of the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Hampton Inn and Suites subject to meeting the requirements of the Planning Commission, TAC, City Council, Zoning Code, City Engineer and Subdivision Regulations. The Commission reasoned that a revised Preliminary Plat would not be required prior to submittal of the Final Plat and that out standing items such as drainage and access will be addressed in conjunction with the Final Plat and Final Construction Plans approval process. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.

IV. Preliminary Plat and Preliminary Construction Plans of Eric Sack of Sack and Associates Inc, Engineer and Mike McLane of the Hawkins Companies LLC Applicant/Owner.Request for approval of thePreliminary Plat and Preliminary Construction Plans for The Shopsat the Gathering Extended.This development project includes a one block one lot retail commercial subdivision on approximately14,712 S.F.The project consists of Walgreens Drug Store. The subject property is located near the southeast corner of Cherokee Street and 193^rdEast Avenue. The subject property is generally described as a portion of the SW/4 of the SE/4 of Section 31, Township 20 North, Range 15 East.

Chairman Appel opened the Public Hearing and called upon Staff for the Report and Recommendations and Hodges presented the following information:

CASE NAME: The Shops at the Gathering Extended (Walgreen’s)

APPLICANT: Request for approval of the Preliminary Plat and Preliminary Construction Plans of Eric Sack of Sack and Associates Inc, Engineer and Mike McLane of the Hawkins Companies LLC Applicant/Owner.

REQUEST: To review and approve the Preliminary Plat and Preliminary Construction Plan for The Shops at the Gathering Extended.This development project includes a one block one lot retail commercial subdivision on approximately 1.9 acres. The project consists of Walgreens Drug Store (14,712 S.F).

LOCATION: The subject property is located near the southeast corner of Cherokee Street and 193^rdEast Avenue.

LEGAL

ZONING HISTORY: The subject site was shown as an out parcel on the Sketch Plat for the Shops at the Gathering. The Commission Conditional approved the Sketch Plat for the Shops at the Gathering on November 15, 2007. The Preliminary Plat and Preliminary (Conceptual) Construction Plans have been submitted for the Shops at the Gathering. In October 2007 the City Council and Planning Commission granted a lot split request subject to conditions one being the subject parcel shall be platted.

On August 27, 2008 the Board of Adjustment granted (subject to conditions) a Special Exception to allow an increase in the maximum permitted height from 45 feet to 90 feet for the construction of one single pole business signs and a Variance to allow an increase in the aggregate display area from 207 square feet to 311 square feet for the construction of two single pole business signs subject to the following conditions:

EXISTING SURROUNDING ZONING AND LAND USES: The subject property is zoned CG. The site contains undeveloped property that has recently been cleared. The area to the north across Cherokee Street is zoned CH and contains a fast food restaurant. The property to the south is zoned CH and contains an automotive parts store. Across SH-167/N. 193^rd E. Avenue is property zoned CH and contains the Cherokee Casino and Resort. The property to the east is zoned CG and is undeveloped and is part of The Shops at the Gathering development.

STAFF ANALYSIS: On March 13, 2007 the Catoosa TAC held a Pre- development Meeting (Sketch Plat type TAC Meeting) see attached Minutes. The Applicant has met several times informal with staff regarding this development over the last year or so and on April 14, 2008 the applicant submitted a Preliminary Plat and Preliminary (Conceptual) Construction Plans for the subject development that was reviewed by the Catoosa TAC on April 22, 2008. The results of the TAC meeting are summarized below;

1. The City Engineer has indicated that the present submittal is in general conformance with the requirements of the Subdivision Regulations regarding a Preliminary Plat and Preliminary (Conceptual) Construction Plans and demonstrate the developer’s intentions to develop the overall site and the proposed use.

2. The Applicant was asked to show limits of no access along 193rd East Avenue and Cherokee Street, and the Applicant agreed. The Applicant was also asked to show limits of no access along the Mutual Access Easement on the east boundary, and the Applicant did not agree, because according to the applicant this is a private drive and is a private access matter between adjoining property owners.

3. The Applicant should label the mutual access easement along the east boundary.

4. The Applicant will need an ODOT driveway permit for the access point along 193rd East Avenue. A driveway permit application has been prepared and is in the hands of the adjoining property owner to the south for his signature.

5. The Applicant was asked to identify Cherokee Street as State Highway 167 on the location map.

6. ONG – David Chester indicated the presence of a six-inch gas line along 193rd East Avenue. If the Applicant takes their service from the existing six-inch gas line, the meter shall be located on the front third of the building.

7. ONG – A two inch gas line is proposed along the south boundary, just north of the existing drainage channel. It may be possible for the applicant to tap the two inch line for service, which will allow us to locate the meter on the east side of the building.

8. Sanitary Sewer – The service line will connect to the existing 15 inch sanitary sewer along the south boundary of the subject property.

9. The existing easement over the sanitary sewer shall be overlaid with a general utility easement shown on the face of the plat.

10. Water requirements for Walgreens are typically a two inch domestic line, a six-inch fire line, and a two inch irrigation line.

11. The Applicant indicated that they will take water service from the existing City of Tulsa waterline along 193rd East Avenue. The city indicated that The Applicant will need to convert service lines to take water from Catoosa lines once they are in place. There was extensive discussion about where the Catoosa water will be available to Walgreens, and when the line will be available. There was also extensive discussion regarding the logistics and expense of the switchover. Also, no permission from Tulsa was provided at TAC. This item may need to be forwarded to City Council for review.

12. The City of Catoosa indicated that the city is relocating their existing 24 inch waterline to the east in advance of the ODOT widening plans for 193rd East Avenue.

13. The Fire Department -There is an existing fire hydrant located on the east side of 193rd East Avenue in front of the O'Reilly. Additional hydrants will not be required. The Fire Department indicated construction of the Walgreen’s Building could proceed without additional fire protection in place.

14. PSO – The two underground lines, the south line will be removed, but the north line will remain. The underground line left in place will require a 10 foot wide easement centered on the location of the line and a 30'x30' easement around the switchgear.

15. PSO – The overhead lines across the subject tract will be removed. The overhead lines are being relocated to the north side of Cherokee Street.

16. The Applicant was asked to dimensionally tie down the clipped easement in the northwest corner of the subject tract.

17. Planning Staff TAC Comments;

· DEQ documents, and include such other information as required by the City for submission of the preliminary plat.

· The surveyed legal description of the property.

· Names and addresses of all adjacent subdivisions or owners of unplatted land and the names, locations, and widths of all existing and proposed streets, adjacent to the property.

· Location and width of easements for existing utilities on or adjacent to the property including book and page of recording reference if applicable, and any required setbacks.

· Location, name and dimensions of all proposed streets.

· Language shall be included on the face of the preliminary plat specifying “Acknowledgements” by the owner, and engineer that the plat has been prepared in accordance with all of the regulations and requirements of these Regulations.

· References to the CountyEngineer and Tulsa Metropolitan Planning Commission (TMAPC) need to be changed.

· Since this is a one block one lot subdivision, references to “each lot owner” should be changed.

· The Preliminary Plat submittal shall include design and location of the stormwater detention facility as required by the Subdivision Regulations, and state that the final design shall be submitted with the Final Plat submittal and be constructed prior to the City of Catoosa granting an Occupancy Permit for Walgreen’s. Assurances are needed that clarify that the facility will be constructed as conceived.

· Engineering drawings of all stormwater facilities and utilities and where they will be going is needed. Stormwater detention, drainage, utilities, access, water and sewer service are matters that will require further coordination with the separate civil engineers and review/approval by the City Engineer in conjunction with the Final Plat approval process. Written/evidence of approvals from the respective providers will be required as a part of the Final Plat and Final Construction Plans approval process.

The Applicant has requested approval of the Preliminary Plat and Preliminary Constructions Plans for the Shops at the Gathering Extended a commercial development consisting of approximately 1.9 acres.

The utility services include:

Water: City of Tulsa/Catoosa Gas: ONG

Sewer: City of Catoosa Electric: PSO-AEP

Fire: City of Catoosa Cable: Cox

Telephone: SBC

RECOMMENDATION:

Staff recommends approval of this request subject to meeting the requirements of the Planning Commission, TAC, City Council, Zoning Code, City Engineer and Subdivision Regulations.

_____________________________________

Attachments:

· Zoning Map/Location Map

· Preliminary Plat Application and Materials

Chairman Appel called upon Eric Sack of Sack and Associates, Applicant for comments.Mr. Sackaddressed the Commission and explained the project noting that they should be able to work with staff to address the requirements and agreed the drainage facility will be provide prior to an Occupancy Permit being issued and also agreed that the logistics of the water line will require additional clarification. Mr. Sack disagreed with the require for limits of no access along the private street on the east side of the project.

Scullawl and several members of the Commission expressed concerns regarding the potential of an open curb along the private street on the east side of the project. Further clarification is needed regarding defining access points on the Final Plat.

Chairman Appel closed the public hearing on the requests for approval the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Shops at the Gathering Extended.

A motion was made by Scullawl and seconded by Proo to approvethe requests for approval of the Preliminary Plat and Preliminary (Conceptual) Construction Plans for The Shops at the Gathering Extended. Subject to meeting the requirements of the Planning Commission, TAC, City Council, Zoning Code, City Engineer and Subdivision Regulations. The Commission reasoned that a revised Preliminary Plat would not be required prior to submittal of the Final Plat. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.

5. Old Business:

I. Preliminary Plat Redbud Valley Heights – Vantage Point Developers, LLC, Owner and Mack F. Greever, Manager - Request the following:

A. The applicant has requested an extension of the effective date as provided for in Section 2.4.3.i. of the Subdivision Regulations of the Preliminary Plat of Redbud Valley Heights, a proposed subdivision consisting of 58 lots on 26.11 acres, situated in the mid-west section of the City Limits, just west of Port Road (SH 167).

II. Preliminary Plat Redbud Valley Addition – Vantage Point

Developers, LLC, Owner and Mack F. Greever, Manager - Request the following:

B. The applicant has requested an extension of the effective date as provided for in Section 2.4.3.i. of the Subdivision Regulations of the Preliminary Plat of Redbud Valley Addition, a proposed subdivision consisting of 130 lots on 36.65 acres, situated in the mid-west section of the City Limits, just west of Port Road (SH 167).

Chairman Appel opened the discussion and called upon Staff for the Report and Recommendations and Hodges presented the following information:

Staff explained as you may recall in August 2004, the Commission approved (subject to Conditions) the Preliminary Plats for Redbud Valley Addition and Redbud Valley Heights situated in the mid-west section of the City Limits, just west of Port Road (SH 167) and totaling 188 lots.

The Planning Commission onOctober 9, 2006 approved an extension of the Preliminary Plat for both developments subject to the following conditions;

1. The Final Plat Application process for RedbudValleyHeights and Redbud Valley Addition shall proceed under the current Subdivision Regulations.

2. A complete Finial Plat Application with appropriate filling fees shall be submitted prior to November 1, 2007.

In October 2007 Staff called the Applicant and left a message that the extensions on the Preliminary Plats were about to expire. In April 2008 Mack Greever submitted the attached letter requesting an opportunity to discuss their plans for moving forward with this project.

The New Subdivision Regulations provides an effective period of two years unless the Planning Commission approves an extension request (See attached Section 2.4.3). In general a major reason not to grant an extension would be if new development had surrounded the subject site.

Chairman Appel called upon Mack Greever, Applicant for comments.Mr. Greeveraddressed the Commission and explained the project noting that for various reasons the project has been delayed but it is ready move forward.

There being no further discussion regarding Redbud Valley Heights, a motion was made by Scullawl and seconded by Proo to approve an extension of the Preliminary Plat until October 12, 2008. Subject to the following Condition of Approval:

1. A complete Finial Plat Application with appropriate filling fees shall be submitted prior to October 12, 2008.

The motion passed 3:0:0 with the following vote. Voting aye– Proo, Scullawl and Appel. Voting nay – none.

There being no further discussion regarding Redbud Valley Addition, a motion was made by Scullawl and seconded by Proo to approve an extension of the Preliminary Plat until May 12, 2008 Subject to the following Condition of Approval:

1. A complete Final Plat Application with appropriate filling fees shall be submitted prior to May 12, 2008.

The motion passed 3:0:0 with the following vote. Voting aye– Proo, Scullawl and Appel. Voting nay – none.

III. Discussion, consideration and possible action to accept the resignation of Dennis E. Huntley from the Catoosa Planning Commission. (See enclosed letter of resignation).

A motion was made by Scullawl and seconded by to accept the resignation of Dennis E. Huntley from the Catoosa Planning Commission

The motion passed 3:0:0 with the following vote. Voting aye– Proo, Scullawl and Appel. Voting nay – none.

6. New Business: None

7. Planning Directors Report: Irving Frank addressed the Commission regarding the need to require sidewalks along collector streets.

8. ADJOURN:

There being no further business, a MOTION was made Scullawl and seconded by Proo to adjourn the meeting. The motion passed 3:0:0 with the following vote: Voting aye – Proo, Scullawl, and Appel. Voting nay – None.

The meeting was adjourned at 7:15 P.M.

_____________________ _______________

Mike Appel, Chairman Date

_____________________ ________________

Jim Hodges, City Planner Date

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